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WOW! Website Visitor Agreement
This website (the “Service” or “website”) is provided by WideOpenWest Finance, LLC (together with its affiliates, referred to as “WOW”).
Any person may view the service for informational purposes only, subject to your compliance with the terms and conditions set forth below. Your use of the WOW website constitutes your agreement to all such terms and conditions. WOW reserves the right at any time to change the terms and conditions under which the WOW Service is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the WOW Service constitutes your agreement to all such terms and conditions.
No Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. WOW MAKES NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT.
WOW MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE SERVICE OR THE INFORMATION CONTAINED WITHIN THE SERVICE (INCLUDING ANY PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SERVICE) FOR ANY PURPOSE.
THE INFORMATION, SOFTWARE, PRODUCTS, MERCHANDISE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WOW SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SERVICE AND TO THE INFORMATION THEREIN. WOW AND/OR ITS AFFILIATES AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME. ADVICE OR INFORMATION RECEIVED THROUGH THE SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Limitation of Liability
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
WOW SHALL NOT BE LIABLE UNDER ANY THEORY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WOW OR ANY OF ITS AFFILIATES, MEMBERS, EMPLOYEES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, TO ANY USER OR ANY OTHER THIRD PARTY FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT, ARISING IN ANY MANNER FROM OR RELATING IN ANY WAY TO THE SERVICE AND ANY PRODUCTS, MERCHANDISE, INFORMATION OR OTHER SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF WOW AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF WOW (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO WOW FOR THE USE OF THE WEBSITE.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS WOW (INCLUDING ALL OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING REASONABLE ATTORNEY FEES) RESULTING FROM ANY BREACH OF THIS AGREEMENT OR UNAUTHORIZED USE OF THIS WEBSITE. YOUR INDEMNIFICATION OBLIGATION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. AT OUR EXPENSE AND ELECTION, WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU AND YOU AGREE TO COOPERATE WITH WOW IN CONNECTION WITH ITS DEFENSE.
Third Party Information, Services and Linked Sites
The Service may contain links to third party websites. These linked sites are not under the control of WOW. WOW is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. WOW is not responsible for webcasting or any other form of transmission received from any linked site nor is WOW responsible if the linked site is not working appropriately. WOW provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WOW of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked sites.
Any dealings with third parties (including advertisers) included within the WOW service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. WOW shall not be responsible or liable for any part of any such dealings or promotions.
Restrictions on Use of Service and Content
The WOW Service is provided for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Service.
As a condition of your use of the WOW Service, you will not use the WOW Service for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the WOW Service in any manner which could damage, disable, overburden, or impair the WOW Service (or the network(s) or system(s) connected to the WOW Service) or interfere with any other party's use and enjoyment of the WOW Service. You may not attempt to gain unauthorized access to any restricted area within the WOW Service, other accounts, computer systems or networks connected to the WOW Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the WOW Service.
You understand that, except for information, products or services clearly identified as being supplied by WOW, WOW does not operate, control or endorse any information, products or services on the Internet in any way. Except for WOW-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties that are not affiliated with WOW. You also understand that WOW cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
Modification and Termination
This Agreement may be modified or terminated by WOW at any time, without notice.
Copyright and Trademarks
The entire contents of the Service are protected by copyright, trademark and other intellectual property laws. Unless otherwise identified, the owner of the copyright is WideOpenWest Finance, LLC. You may print and download portions of material that is owned by WOW from the different areas of the Service solely for your own personal, non-commercial use. Any other copying, redistribution, retransmission or publication of any such downloaded material, is strictly prohibited without the express written consent of WOW, or any third party information provider to the Service who may own the copyrighted material. You agree not to change or delete any proprietary notices from materials downloaded from the Service.
WOW! Internet, Cable and Phone®, WOW!®, WideOpenWest® and the WOW! design logo are trademarks and/or service marks of WideOpenWest Finance, LLC or its affiliates. Any rights not expressly granted herein are reserved. Any use of WOW’s marks is strictly prohibited without the express permission of WOW. Other marks that appear on this website may be marks of third parties that are not affiliated with WOW. WOW and its affiliates do not control or endorse the content of third party websites. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark.
Ordering Products and Services
You may order certain WOW products and services through this website. All orders you make through this website are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice. Please fully read the terms and disclaimers accompanying any products or services that you order through this website.
Submissions and Postings; Disclosure
You are solely responsible for any information that you submit or post on this website. By using this website you agree not to submit, post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy this website or that infringes on the rights of others. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.
We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submissions or postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure of any submissions or postings on this website to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this website.
WOW welcomes your feedback about this website and our products and services. Any communications you send to this website or otherwise to WOW are deemed to be submitted on a non-confidential basis and become the sole property of WOW. WOW may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All such uses by WOW shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any such communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of such communications and without liability to that person.
Miscellaneous
To obtain access to certain services on our website, you may be required to register. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. WOW reserves the right to reject or terminate any user name that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado applicable to agreements made and to be performed in Colorado. You agree that any legal action or proceeding between WOW and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Colorado. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. WOW’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. WOW may assign its rights and duties under this Agreement to any party at any time without notice to you.
Privacy
WOW respects the privacy of visitors to this website. Please review our complete Website Privacy Statement, which is also available for your review on this website. Questions regarding WOW’s privacy statement should be directed to wow_techsupport@wideopenwest.com, or by sending a notice by U.S. Mail to WideOpenWest Finance, LLC, 1674 Frontenac Road, Naperville, Illinois 60563; Attention: Director of Internet Technology.
Copyright © 2008. WideOpenWest Finance, LLC. All rights reserved.
(Revised as of January 1,2008)
