Terms & Conditions

Before using this Website, please read the Terms & Conditions set forth below.

By using this Website, you agree to be bound by the Terms & Conditions. WWAY-TV, LLC and its affiliates and subsidiaries ("We" or such conjugation thereof as the context may require) reserve the right to review and revise the Terms & Conditions from time to time without prior notice and, by using this site subsequent to any revision of the Terms & Conditions, you agree to be bound by such changes. If you find the Terms & Conditions to be unacceptable, you must immediately terminate your use of this Website.
 

1. No Representations Or Warranties 

The services provided on this Website and the content, information, documents, graphics and images published at this Website could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this Website. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently, 

TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. 

Users of this Website should not rely upon opinions expressed at this Website when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on this Website or on linked Websites. 
 

2. User Warnings/User Conduct 

We make certain services available, including without limitation, restaurant reviews and other community services provided that you agree to abide by the terms and conditions contained in these Terms of Use. Without limiting the generality of the foregoing, in consideration for our providing such services, you also agree not to:  
 

  • violate any applicable law, regulation or rule;  
     
  • harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;  
  • post or transmit any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions;  
     
  • provide false information on your restaurant reservation requests or impersonate another person at any point;  post or transmit false, inappropriate, improper, disorderly or excessive messages or information; or  
     
  • post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right. 
     

If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services and take any other action we deem appropriate in our sole discretion. 

With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, and you agree to be bound by such practices. You agree that we are not responsible or liable for loss of emails, communications, postings, reservations, data or information as a result of, or arising out of, our administration of such services. 

We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any community services, or in any other public services, and do not endorse any advice or opinion contained therein. Except for restaurant reviews, which we review and may edit before posting, we do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.
 

3. Website Links And Third-Party Sites

This Website may contain links to other Websites that are independent of this Website. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Website, and any link to another Website shall not in any manner be construed as an endorsement by us of that Website, or of the products or services described therein. 

Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.


4. Confidentiality

We cannot guarantee your confidential use of this site. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site. 
 

5. Security 

You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us. 
 

6. Limitation of Damages 

IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS. 
 

7. Ownership 

All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Website belong to us or our licensors. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. A partial list of trademarks owned by us is set forth in Section 14 of these Terms of Use. All other copyrights, trademarks and other intellectual property rights referred to in this Website belong to their respective owners. 
 

8. License 

Nothing contained in this Website shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Website may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. 
 

9. Claims of Copyright Infringement 

WWAY-TV, LLC respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this Website infringes on any copyright that you own or control, or that any link on this Website directs you to another Website that contains material that infringes on any copyright that you own or control, you may notify WWAY-TV, LLC by providing its copyright agent the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C § 512. 

WWAY-TV's agent for notice of claims of copyright infringement on or regarding this Website can be reached as follows: 

By mail:
Jeff Eng
WWAY-TV, LLC
615 N. Front Street
Wilmington, NC 28401

By phone:
(910) 762-8581
 

10. Indemnification

YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT. 
 

11. Governing Laws in Case of Dispute 

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN NEW HANOVER COUNTY, NORTH CAROLINA, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. 
 

12. International Use 

We do not represent that all content, materials and services on our Website are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law. 
 

13. Integration; Severability; General 

These Terms & Conditions incorporate by reference any notices contained on this Website and constitute the entire agreement with respect to your access to and use of this Website. We may modify these Terms & Conditions at any time by posting revised Terms & Conditions on our Website and your continuing use of such Website and the services constitutes your agreement to be bound by such modified Terms & Conditions. Any provision of these Terms & Conditions which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms & Conditions in that jurisdiction without in any way invalidating the remaining provisions of these Terms & Conditions. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction. Any litigation arising out of or in connection with these Terms & Conditions or your use of our services must be commenced within one (1) year after the cause of action arose, or it will be permanently barred.