Terms of Use

Welcome to VisitWilmingtonNC.com™, a division of Screen Torch, LLC.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE (“SITE”).  BY ACCESSING AND USING THIS SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF USE”).

ACCEPTANCE.  VisitWilmingtonNC.com™ provides you with access to this Site and the services on it (collectively “Services”).  Access to and use of the Services is governed by these Terms of Use.  We reserve the right, in our sole discretion, to change, modify, add or remove portions of the Terms of Use and Privacy Policy at any time without notice to you.

ELECTRONIC COMMUNICATIONS.  You consent to receive communications from us electronically.  We will communicate with you by email or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY.  VisitWilmingtonNC.com™, and related logos are trademarks or service marks of VisitWilmingtonNC.com™ Screen Torch, LLC ©.  All rights reserved.  The names, services and products of other companies mentioned on the Site may be the trademarks or service marks of their respective owners.

LICENSE.  VisitWilmingtonNC.com™ grants you a limited license to access and make use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of VisitWilmingtonNC.com™.  This license does not include any use of data mining, robots, or similar data gathering and extraction tools.  Unless otherwise specified by VisitWilmingtonNC.com™ in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Site is subject to these Terms of Use.

You may not use any meta tags or any other “hidden text” utilizing VisitWilmingtonNC.com’s™ name, trademarks or service marks without the express written consent of VisitWilmingtonNC.com™.  Any unauthorized use terminates the permission or license granted by VisitWilmingtonNC.com™.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Site, so long as the link does not portray VisitWilmingtonNC.com™, or its services or products in a false, misleading, derogatory, or otherwise offensive manner.  You may not use any VisitWilmingtonNC.com™ logo or other proprietary graphic or trademark as part of the link without express written permission.

LINKS.  The Site may contain links to third party websites.  We are not responsible for and do not endorse the content or the privacy practices of such websites.

LIMITATION OF LIABILITY.  IN NO EVENT SHALL VISITWILMINGTONNC.COM™ SCREEN TORCH, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR PERSONAL INJURY), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS, IMAGES OR SERVICES.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

ARBITRATION.  Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”).  Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in a State to be determined by VisitWilmingtonNC.com™ Screen Torch, LLC and judgment on the arbitration award may be entered in any court having competent jurisdiction.

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