As a condition of your use of the Website, you agree not act in any manner that will be harmful or detrimental to the Website, the Company, or its users, and that you will not assist, encourage, or enable any other individual or entity to do so. For example, you agree not to:
You agree to cooperate with us in causing any prohibited activity to immediately to cease.
The Company reserves the right to temporarily disable or permanently discontinue any and all functionality, content or availability of the Website, at any time without notice and with no liability to you.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY (i) THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM VIRUSES OR MALICIOUS CODE; OR (ii) REGARDING THE QUALITY OR ACCURACY OF ANY DATA, PROPERTIES, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PROVIDED OR MADE AVAIALBLE, DIRECTLY OR INDIRECTLY, THROUGH THE WEBSITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE. ANY MATERIAL OR INFORMATION DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, FRAUD OR OTHERWISE, WILL THE COMPANY, ITS PARTNERS, AND AFFILIATES, OR ANY OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY WITH COMPANY, “THE COMPANY ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT FROM ANY ASPECT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, REGARDLESS OF CAUSE AND WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT ANY COMPANY ENTITY IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL ASPECTS OF THE WEBSITE, PROPERTIES, PRODUCTS OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM THE COMPANY (OR ANOTHER COMPANY ENTITY) AND ANY LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT THEREFROM.
WITHOUT LIMITING THE FOREGOING, YOU HOLD HARMLESS THE COMPANY ENTITIES FROM ANY CLAIMS RESULTING FROM ANY ACTION OR INVESTIGATION RELATED TO THE WEBSITE, INCLUDING ANY PROPERTIES, PRODUCTS OR SERVICES REPRESENTED THEREON.
NOTWITHSTANDING THE FOREGOING, IF, DESPITE THE LIMITATIONS ABOVE, ANY OR ALL OF THE COMPANY ENTITIES IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN ANY LIABILITY RESULTING THEREFROM SHALL BE LIMITED TO ONE HUNDRED DOLLARS, IN THE AGGREGATE FOR ALL CLAIMS AGAINST THE COMPANY ENTITIES.
The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.
You agree to defend, indemnify and hold harmless the Company, its affiliates, partners, advisors, employees, members, managers, officers, directors, agents, licensors, licensees or content providers) (the “Company Indemnities”) from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys’ fees), arising out of or relating to your use of the Website.