TERMS OF USE

BY USING OUR SITE, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Thank you for visiting raptor.network. This Site is owned and operated by Ultramarine Holdings, LLC (“Ultramarine”). “You” or “your” means and refers to you as a user of the Raptor Network Website, raptor.network, and any subdomains (collectively, the “Site”). “We,” “our,” “us” or “Raptor Network” refers to Ultramarine and our Site.

USE OF THE SITE AND ACCEPTANCE OF TERMS.

Please carefully review the terms of use (the “Terms of Use”) of this Site, the terms of our Privacy Policy located at https://legal.raptor.network/privacy-policy, before using this Site, or any services related to our Site. These Terms of Use contain important information regarding your legal rights, remedies and obligations. They include various limitation and exclusions. By using this Site, you agree to be bound by and acknowledge your acceptance of these Terms of Use.

If you do not agree to these Terms of Use, or if you do not agree with our Privacy Policy, please do not use the Site or any services offered through the Site. By accessing, browsing, submitting information to, accessing materials and information, ordering products or otherwise using the Site, you acknowledge and agree to be bound to these Terms of Use. Raptor Network does not knowingly collect information from minors. Minors should only use this Site under the supervision of an adult. Use of the Raptor Network as a User the require the user to agree to and execute a Raptor Network’s End User License Agreement (EULA) before using or access the Raptor Network.

From time to time, we may update these Terms of Use. For significant changes, we will notify you by posting a prominent notice on our Site indicating at the bottom of the Terms of Use when it was most recently updated. As such, we encourage you to please check the Terms of Use periodically for material changes. You agree to be bound by all the provisions of these Terms of Use that are displayed on the Site on the date you use the Site. Your continued use of the Site indicates your acceptance of all of the provisions of these Terms of Use that are displayed on the Site on the date of such use.

ABOUT RAPTOR NETWORK

Raptor Network is a service designed to provide online multiplayer gaming services. The Site is used to provide general information to users about services offered and allow users to manage their account and information with Raptor Network.

RESTRICTIONS ON USE

You acknowledge that this Site, the services, any underlying technology used in connection with this Site and/or the services, and all software, material, information, graphics, animations, audio, video, photos, and other data (the “Content”) available on this Site or through the services provided by Raptor Network, its licensors or approved third-party providers are the copyrighted works of such third parties. Except as may otherwise be specifically provided in these Terms of Use you may not use, copy, distribute, republish, upload, post or transmit any Content without the prior written consent of Raptor Network. Modification of the Content for any purpose may violate Raptor Network’s or its licensor’s intellectual property rights. The Content on this Site is provided for lawful purposes only.

SUBMISSIONS

All personally identifiable information, content, designs, ideas, graphics, or other information that you send to us or otherwise make available through this Site or the services (together, the “Submissions”), is and remains your property. Raptor Network’s obligations to protect any personally identifiable information are detailed in Raptor Network’s Privacy Policy. By sending, commenting, reviewing, uploading, posting or otherwise making available any Submissions, you automatically grant and/or warrant that as the owner of such Submissions you have granted Raptor Network , a perpetual, royalty-free, fully-paid up, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, store, disclose consistent with the terms of the End User License Agreement and Privacy Policy, and transmit the Submissions through the Site and/or the services, for any and all commercial and non-commercial purposes. You acknowledge that you are responsible for all Submissions that you submit, and you, not Raptor Network have full responsibility for the Submissions, including its legality, reliability, appropriateness, originality, and/or copyright.

Any Submission posted to the Site will be deemed NOT CONFIDENTIAL. By posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your Submissions.

In addition to the warranty and representation set forth above, by posting a Submission, you warrant and represent that: (a) you are the copyright owner of your Submission or you have the permission of the copyright owner; and (b) you have the rights necessary to grant the license described in these Terms of Use. You acknowledge that Raptor Network is not responsible for the accuracy of any Submissions. All Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the persons from whom such Submissions originated. This means that you, and not Raptor Network, are entirely responsible for all Submissions that you post to the Site.

SECURITY MEASURES

Raptor Network has taken reasonable and appropriate steps and has employed industry-standard practices and technology to ensure the integrity and confidentiality of personally identifiable information; but because even the most secure computer system can be violated, Raptor Network cannot guarantee absolute security.

IMPORTANT: Please keep in mind that whenever you voluntarily disclose information about yourself in the public domain, it is likely to be collected and used by third parties. These third parties may use your information to contact you or for unauthorized purposes. Also, please remember that no one can guarantee the absolute security of information transmitted electronically.

OBLIGATIONS OF WEBSITE VISITORS

You agree not to do any of the following while visiting or using the Site or any services provided by or through the Site:

restrict or inhibit any other user from using and enjoying the Site or the services;
impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of Raptor Network;
post or transmit unlawful, offensive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity;
post or transmit comments containing harassing or offensive language or engage in disruptive activities online;
post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters” or any other form of solicitation on the Site or through the Site or the services;
post, upload or transmit any material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other intellectual property and/or proprietary rights;
post or transmit material that encourages or provides instructional information about illegal activities, in particular hacking, cracking or distribution of counterfeit software;
solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority;
access or use password protected, secure or non-public areas of the Site or the services without authorization;
access or use the Site or the services from a client not authorized by Raptor Network;
frame, repackage, or otherwise redistribute any portion of the Site or the services; or
use the Site or any services to collect personally identifying information about users of the Site or the services, or conduct any activity in violation of the Raptor Network Privacy Policy and End User License Agreement.

Raptor Network may terminate your access to the Site and/or the services at any time for any reason or no reason, including, but not limited to, as a result of your violation or threatened violation of any of the obligations described above, in Raptor Network’s sole and absolute discretion. Raptor Network will not be liable to you or any third party as a result of such termination. The terms and conditions provided in these Terms of Use will survive any such termination.

THIRD PARTY WEBSITES AND DOWNLOADABLE MATERIALS

This Site may contain downloadable materials and links to external sites. Raptor Network is not responsible for, and has no control over, the content of any such third party owned downloadable materials or external sites. You understand that Raptor Network cannot and does not guarantee or warrant that files or software of any kind, from any source, that are available for downloading through this Site or the services or through third party websites linked to this Site, will be free of infection, viruses, worms, Trojan horses or other code or defects that contain or incorporate contaminating or destructive properties. Links to other websites do not imply an endorsement of the materials, products, content, or ideas displayed on, or disseminated at or through those websites, nor does the existence of a link to Raptor Network’s Site imply that the organization or person publishing at that website endorses any of the materials or ideas at this Site. Raptor Network reserves the right to disable links from third-party websites to any of Raptor Network’s websites at any time without prior notice.

INTERACTIVE PARTICIPATION AND USER POSTED INFORMATION AND USER GENERATED CONTENT (UGC).

Truthful Participation and Assumption of Risk in Interactive Communications and User Generated Content and Postings. Through Raptor Network or this Site, you may participate in a number of interactive communication activities including uploading UGC, comments, forums, and other means of interactive communication with other users ("Interactive Communication"). We cannot be, and we are not, responsible for the content, opinions or accuracy of any information or UGC provided or posted in any Interactive Communication. You participate at your own risk when engaging in any activity relating to the Raptor Network or our Sites and/or the Services (including any Interactive Communication). You expressly assume all risk and take full and sole responsibility for (a) all postings using, or made under, your Passwords or Your Accounts, including without limit any postings of UGC; (b) and any use of any Information, UGC, Content or materials provided or displayed on, or contained in, the Raptor Network or our Sites and (c) any communication or interaction with other users or UGC through the Raptor Network. When participating in an Interactive Communication, you are wise to never assume that people are who they say they are, know what they say they know, or are affiliated with who they say they are. Portions of the Raptor Network or our Sites may allow users to post their own UGC, software or other materials. The UGC and materials posted by users do not reflect our views and we shall not be liable for any UGC, code or other user information posted or displayed on, or uploaded onto the Raptor Network or any related Sites or any Forum. The term "Forum" means a chat area, message board, e-mail or other function that allows you to provide information or interact with others offered as part of Our Site or through Raptor Network.

Posting UGC, Code and other Materials to the Raptor Network. By posting UGC, code or other materials to or communicating with other users and participants on the Raptor Network, our Sites or in an Interactive Communication, you represent and warrant to us that: (a) you have all necessary rights to such code, UGC and materials, and that the posting of such materials will not infringe on any personal or proprietary rights of any third party, including its intellectual property rights; and (b) such materials are not harmful, defamatory, unlawful, threatening, obscene, lewd, lascivious, harassing, and/or contrary to the principles and tenets of Ultramarine.

We have the Right to Remove or Block Postings or Interactive Communications. We reserve the right to remove or block any and all postings and Interactive Communications, including those that we consider to be:

Defamatory, libelous, slanderous or disparaging of, or insulting to, any person, group or entity; abusive or hateful; obscene, lewd, or vulgar; or contrary to, or inconsistent with, the principles, tenets, and Mission Statement of Our Organization,
Any harassing notes, postings or Interactive Communications that might be construed as stalking, or any postings that might otherwise be illegal or relate to illegal activity, any such harassing content or communications will be deleted and may be made available to the proper law-enforcement officials. While we reserve the right to remove any posting, we shall have no obligation to do so.

Ownership in Posted Material and User Generated Content

User shall at all times retain ownership of its own content that it may upload to the Raptor Network or our Sites, including but not limited to images, text, designs, illustrations, software code, diagrams, music, lyrics, photographs, videos or other intellectual property included thereon (the “User Generated Content” or “UGC”). By uploading or posting any UGC, code, comments or other Licensed Content to the Raptor Network or our Sites, User hereby grants to Ultramarine and other authorized users a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right and license to (i) use, publish, post, display, publicy perform, reproduce, stream, download, broadcast, transmit, distribute, use in with games and re-post and allow for download and use by third parties of the UGC, which UGC as referenced as “Licensed Content”. By uploading or communicating any materials, ideas or submissions to any of our Raptor Network and any of our Sites, or submitting any code, content or materials to us in any other manner, you also automatically grant (or warrant that the owner of such materials expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials, or to incorporate such materials into any form, medium, or technology now known or later developed. In addition, you waive and warrant that all so-called "moral rights" in those materials have been waived. You agree that we own any derivative works, improvements or other materials, works, ideas, intellectual property, and/or products created from, based on, or related to, our access to, or use of, any Licensed Content or materials you provide. If on the Raptor Network or a particular Site we have included an upload license, those terms should be noted as also applying, with any conflicts governed by the EULA and these Terms of Use.

User also grants to Ultramarine worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable and sublicensable permission and license to use, display User’s username, name, voice, image, likeness or other identifying information (“Name and/or Likeness”) as the same appears in connection with the UGC, in any manner to be determined by Ultramarine, including without limit on the Raptor Network, or our Sites and in the advertising and promotion of the Raptor Network, our Sites and related servers or games.. Ultramarine may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, products and content,, alter and/or edit the Licensed Content and other UGC in any manner in their sole discretion, with no obligation to the User. By submitting any software code, diagrams, material or photographs or other UGC or other Licensed Content, through the Raptor Network or our Sites, User grants the license and permission noted above to have this material posted, used on the Raptor Network or the Sites, and represents he/she is the rightful owner of the submitted material, and that no one else may claim rights to this material. Ultramarine reserves the right to remove access to infringing material.

LIMITED LICENSE FOR LICSENSED CONTENT AND DOWNLOADABLE MATERIALS.

6.1 Downloadable Licensed Content.

We may identify certain UGC, code and materials on our Site as being downloadable ("Licensed Content"). You may download one copy of these identified downloadable materials subject to the restrictions of the Terms. We grant to you a limited, non-exclusive, non-transferable, non-sublicensable, license to make one copy of the Licensed Content for only informational, educational, non-commercial, personal purposes and without alteration of the Licensed Content (the "Download License"). You can use the Licensed Content only in the format in which we make them available on the Site for download, and only in authorized distributions.

The License is subject to the following additional restrictions:

(a) You cannot charge or collect any Distribution Fee for the distribution of any of the Licensed Content. The term "Distribution Fee" means any and all payments of monies, fees, royalties, remuneration, donations, gifts or other consideration, whether in cash or like-kind, received by, paid to, owed to, on or behalf of, a user or a distributor that arise from, or are in any way related to the provision, transmission, distribution, sale, license, lease, rental or other use of the Licensed Content, including specifically without limitation, any fundraising activities;

(b) All copyright, trademark or other proprietary notices that appear on the Licensed Content, together with the permission notice, must appear on all copies of the Licensed Content that you make or distribute;

(c) You shall not use, copy or distribute any graphics comprising part of the Licensed Content separate from accompanying text;

(d) You shall not use the Licensed Content in connection with, or relation to, any fundraising activities;

(e) You shall not use the Licensed Content in a manner that suggests an association with or endorsement by us, or any of our products, services, or brands; and

(f) You shall not download quantities of Licensed Content to a database that can be used to avoid future downloads of any of the Licensed Content from any of the Sites.

Reservation of Rights and Termination of Download License.

We reserve any rights not expressly granted herein. We may terminate the License and any of the rights at any time by providing notice of termination on the Site or directly to you as a user. Further, the License shall automatically terminate without notice if you breach any of the terms or conditions of the Download License or these Terms of Use. Upon termination of the License, you agree to immediately destroy, and cease all use or distribution of, any downloaded, printed or electronically stored copies of the Licensed Content.

PRIVACY POLICY

Our policies concerning the use of your personal information are set forth in our Privacy Policy available at: https://legal.raptor.network/privacy-policy. The terms of the Privacy Policy are incorporated herein by this reference. Please carefully review the information contained in the Privacy Policy. By using this Site, the services and/or the materials or Content provided through this Site or the services, you agree to waive and release Raptor Network from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of the Privacy Policy.

INDEMNIFICATION

You agree to indemnify and hold Raptor Network, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of any content you submit, post to, email, or otherwise transmit through this Site and/or services, including claims of infringement by third parties, your use of this Site and/or the services, your connection to this Site or the services, or your breach of these Terms of Use or any applicable terms and conditions of sale.

TERMINATION

You may discontinue your participation in and access to the Site or services at any time. You acknowledge and agree that Raptor Network may terminate or block your use of all or part of this Site and/or the services, without prior notice and for any reason or no reason at all. You agree that upon termination or discontinuance for any reason, Raptor Network may delete all information related to you on the services and may bar your access to the Site and/or your use of the Services.

These Terms of Use, as may be modified from time to time by us, are effective until we provide notice of termination thereof on our Site. You agree to be bound by the Terms of Use as displayed on each of our Sites at the time you use such Sites and/or any part of the Service provided in connection therewith. You may not terminate any provision of these Terms of Use. Your sole and exclusive remedy is to discontinue your access and use of all our Sites and the Service, and to destroy all Materials and other items obtained from any and all of our Site, whether pursuant to the License, or otherwise, together with all related documentation and all copies and installations thereof, except for purchased products. We may terminate your access to any and all of our Sites, and/or any part of the Service, at any time in our sole discretion, and we reserve the right at any time to discontinue the operation of any of our Sites, and/or the provision of any part of the Service. We may immediately terminate your right to access and/or use any of our Site and/or the Service, without notice, if, in our sole discretion, you fail to comply with any provision of these Terms of Use.

ACCOUNT REGISTRATION

To use certain of the services, you may wish to register with Raptor Network by creating an individual user account and obtaining a password. You are solely responsible for maintaining the confidentiality of your account and password and for all activities and liabilities associated with your account and password. If you become aware of any unauthorized use of your account or password, you should immediately notify Raptor Network of such unauthorized use. You may not transfer your account to any other person or entity. You are not required to register or create an account with Raptor Network. Voluntary creation of an account with Raptor Network will allow you to save certain information, for your convenience, for future use of the Site store. You are limited to one account and are prohibited from using multiple accounts to access the Raptor Network.

INTELLECTUAL PROPERTY

The Site and relevant content of the Site, including all content and materials sold through the Site, are protected by copyright, trademark and other laws of the United States. Raptor Network, and its licensors, exclusively own all right, title and interest in and to the Site and content and any materials that may be available or downloaded such as data, articles or other information, including all associated intellectual property rights. All trademarks, service marks, and logos referenced or appearing on the Site are the property of Raptor Network or their respective owners. The Site’s content, including but not limited to, all designs, photographs, graphics, videos and other imagery, may not be used, copied, downloaded, republished, reproduced, adapted, modified, distributed, licensed, sold, transferred, transmitted, streamed, broadcasted or otherwise exploited without Raptor Network’s prior express written permission. Raptor Network’s names, trademarks, service marks, and logos that appear on the Site may not be used in any manner or for any purpose without Raptor Network’s prior express written permission.

DMCA AGENT POLICY

We respect the intellectual property rights of others, and require that the people who use this Site and/or the services do the same. If you believe that your work appears on this Site or the services and has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: i) Your address, telephone number, and email address; ii) A description of the copyrighted work that you claim has been infringed; iii) A description of where the alleged infringing material is located; iv) A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; v) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and vi) A statement by you, made under penalty of perjury, that the above information contained in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

It is Raptor Network’s policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.

GENERAL TERMS AND CONDITIONS

These Terms of Use will be governed and interpreted in accordance with the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. If any party institutes a lawsuit or other action or proceeding pertaining to these Terms of Use, any right or obligation of any party hereunder, or any breach of these Terms of Use, then the sole and exclusive venue and jurisdiction for filing and maintaining any such lawsuit or other action or proceeding shall be in the Courts sitting in Alachua County, Florida or the U.S. Middle District of Florida and each party waives the right to institute or maintain any such suit, action or proceeding in any other courts or forums whatsoever.

By using the Site, you consent and submit yourself to the personal jurisdiction of such court. You agree that in the event of a breach by you of any provision of these Terms of Use, Raptor Network shall be entitled to seek and obtain injunctive or other equitable relief, or both, in each case without the requirement to post any bond or other form of security, and without such act constituting an election of remedies or disentitling Raptor Network to each and every remedy available at law or in equity for a breach of this Agreement by you. If any part of these Terms of Use is deemed to be unlawful, void, or unenforceable, such part will be severed and will not affect the validity and enforceability of any remaining provisions. These Terms of Use, together with any applicable terms and conditions of Raptor Network’s End User License Agreement and Privacy Policy constitute the entire agreement between the parties relating to the use of this Site and the services. Raptor Network may revise these Terms of Use at any time without providing notice by posting updates to these Terms of Use on the Site.

DISCLAIMER; LIMITED WARRANTY

THE CONTENT AND MATERIAL ON THIS WEBSITE AND/OR THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. RAPTOR NETWORK MAY MAKE CHANGES TO THIS WEBSITE OR THE SERVICES AT ANY TIME. THIS WEBSITE, THE SERVICES AND THE CONTENT AND MATERIALS ON THIS WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RAPTOR NETWORK MAKES NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL ALWAYS BE AVAILABLE FOR USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAPTOR NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, THE SERVICES AND ALL MATERIAL AND CONTENT OFFERED THROUGH THE WEBSITE AND/OR THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RAPTOR NETWORK DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVICES, THE FUNCTIONS CONTAINED ON THIS WEBSITE OR THE SERVICES, OR THE MATERIALS OR CONTENT ON THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT MESSAGES OR REQUESTS WILL BE DELIVERED OR RECEIVED, OR THAT THIS WEBSITE, THE SERVICES OR THE MATERIALS OR CONTENT ON THIS WEBSITE OR THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE IMPLEMENTED PROCEDURES TO PREVENT SUCH CONTAMINATING COMPONENTS FROM INFECTING YOUR COMPUTER AND ITS DATA. RAPTOR NETWORK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULT OF THE USE OF THIS WEBSITE, THE SERVICES OR THE MATERIALS OR CONTENT ON THIS WEBSITE OR THE SERVICES RELATED TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL RAPTOR NETWORK BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA, STOLEN INFORMATION OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, THE SERVICES, ANY WEBSITES LINKED TO THIS WEBSITE, THE MATERIALS, CONTENT OR INFORMATION CONTAINED ON ANY OR ALL SUCH SITES, OR THE MATERIALS, CONTENT, PRODUCTS OR SERVICES OFFERED ON THIS WEBSITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RAPTOR NETWORK , OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE, THE SERVICES OR ANY MATERIALS OR CONTENT OFFERED THROUGH THIS WEBSITE OR THE SERVICES BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS WEBSITE OR THE SERVICES. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. RAPTOR NETWORK’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION RELATED TO THIS WEBSITE AND THE SERVICES, THE MATERIALS AND CONTENT ON THIS WEBSITE OR THE SERVICES OR YOUR ACCESS OR USE OF THIS WEBSITE, THE SERVICES OR THE MATERIALS AND CONTENT OFFERED THROUGH THIS WEBSITE OR THE SERVICES WILL NOT BE GREATER THAN THE AMOUNT YOU PAID FOR ANY MATERIALS OR CONTENT OFFERED THROUGH THIS WEBSITE OR THE SERVICES.

SEVERABILITY; WAIVER

If any provision of these Terms of Use are found by a court of competent jurisdiction to be void, invalid, unenforceable or otherwise contrary to law or equity, the remaining provisions of these Terms of Use that can be given effect without such void or unenforceable term or provision, shall be given full effect and binding on the parties. Raptor Network’s failure to enforce strict performance of any provision of these Terms of Use, or to penalize any violation of these Terms of Use, does not constitute a waiver of future violations.