Common use of Links Clause in Contracts

Links. The Site may provide links to other websites. We are not responsible for and do not endorse external websites. We may allow you to link to the Site directly from another website; if you do link to the Site, you agree that you will disable and remove any such link promptly upon our request. Accuracy of Information & Sworn Statement of Accuracy When you submit information to us through the Site, you declare, under penalty of perjury under the laws of the United States, that the information provided is true and correct. We rely on the truth and accuracy of your submissions to make decisions about the provision of Services to you, and it is important you are truthful in your submission. For example, if you enter incorrect information for shipping associated with the order of any goods, we are not responsible in any way for your error, and we are not obligated to assist in recovering lost shipments or the redirection of goods. Limitations of Liability and Disclaimers THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE, (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE, AND (C) TO ENSURE ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES OR THE SITE ARE OF ANY PARTICULAR QUALITY OR FITNESS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, AS WELL AS THE USE OR CONSUMPTION OF ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE OR SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, AS WELL AS GOODS OR SERVICES PROVIDED THROUGH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, AS WELL AS FOR ANY ISSUES WITH ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE, IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, FOR ANY REASON WHATSOEVER, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

Appears in 2 contracts

Samples: fullcart.org, fullcart.org

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Links. The This Site may provide contain links to other websiteswebsites for information that NSS believes may be useful or interesting to you. We are AMSLFS does not endorse and is not responsible for and do not endorse external the content contained on these other websites. We may allow you to link AMSLFS makes no representations as to the Site directly from another accuracy of the content on the linked website; if you do link to the Site, you . You acknowledge and agree that you will disable and remove shall be solely responsible for any such link promptly upon our requestinteractions which you may have with these linked websites. Accuracy of Information & Sworn Statement of Accuracy When you submit information You are encouraged to us through the Site, you declare, under penalty of perjury under the laws of the United States, that verify the information provided is true contained therein and correctreview the linked websites terms of use and privacy policies. We rely on the truth Your access and accuracy of your submissions to make decisions about the provision of Services to you, and it is important you are truthful in your submission. For example, if you enter incorrect information for shipping associated with the order use of any goods, we are not responsible in information obtained from a linked website is at your own risk and subject to any way for your error, and we are not obligated to assist in recovering lost shipments additional terms or conditions which may be applicable by the redirection of goodslinked websites. Limitations Limitation of Liability and Disclaimers THE SITE UNDER NO CIRCUMSTANCES AND ALL SERVICESUNDER NO LEGAL OR EQUITABLE THEORY, INFORMATIONWHETHER IN TORT, GOODSCONTRACT, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED STRICT LIABILITY OR OTHERWISE, SHALL NSS OR ANY OF ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, THIRD PARTY SERVICE PROVIDERS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, OR SUPPLIERS BE LIABLE TO YOU "AS IS" WITHOUT OR TO ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE, (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE, AND (C) TO ENSURE ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES OR THE SITE ARE OF ANY PARTICULAR QUALITY OR FITNESS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, AS WELL AS THE USE OR CONSUMPTION OF ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE OR SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. WE WILL NOT BE LIABLE OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND NATURE ARISING OUT OF OR IN CONNECTION WITH THE SITEUSE OF OR INABILITY TO USE THE NSS WEBSITE, AS WELL AS GOODS OR SERVICES PROVIDED THROUGH THE SITEINCLUDING, NOR FOR ANY WITHOUT LIMITATION, DAMAGES FOR LOSS OF LOST PROFITS, LOSS OF USEGOODWILL, LOSS OF DATA, LOSS WORK STOPPAGE, ACCURACY OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITERESULTS, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIESCOMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF NSS HAS BEEN ADVISED IN ADVANCE OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSESDAMAGES. FURTHER, WE WILL YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NSS SHALL NOT BE LIABLE RESPONSIBLE FOR DAMAGES ANY ACTS, INCLUDING DEFAMATORY OR ILLEGAL CONDUCT, OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS THIRD PARTY ON THE THIS SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, AS WELL AS FOR ANY ISSUES WITH ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE, IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, FOR ANY REASON WHATSOEVER, LIMITATIONS PROVIDED HEREIN SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE FULLEST EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED PROVIDED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW. Third-Party Articles From time to time the Site may contain articles or other information from third parties that we feel may be of interest to you. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles or obtained from third parties is correct and the publishing of third party articles shall not in any event be deemed an endorsement by AMSLFS of the material contained therein. The opinions contained in any such article are not necessarily the opinion of AMSLFS.

Appears in 1 contract

Samples: ashleymarinaslipleasingfuelsales.com

Links. The Site Service may provide contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other websitesweb sites or resources. We are You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and do does not endorse external websitesand is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. We may allow Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you to link to the Site directly from another website; if you do link to the Site, you and such third party. You further acknowledge and agree that you will disable and remove the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such link promptly upon our requestcontent, information, statements, advertising, goods or services or other materials available on or through any such website or resource. Accuracy of Information & Sworn Statement of Accuracy When you submit information to us through the SiteLimitation on Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, you declareIN NO EVENT WILL THE COMPANY, under penalty of perjury under the laws of the United StatesITS AFFILIATES, that the information provided is true and correct. We rely on the truth and accuracy of your submissions to make decisions about the provision of Services to youBUSINESS PARTNERS, and it is important you are truthful in your submission. For example, if you enter incorrect information for shipping associated with the order of any goods, we are not responsible in any way for your error, and we are not obligated to assist in recovering lost shipments or the redirection of goods. Limitations of Liability and Disclaimers THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE, (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE, AND (C) TO ENSURE ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES OR THE SITE ARE OF ANY PARTICULAR QUALITY OR FITNESS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, AS WELL AS THE USE OR CONSUMPTION OF ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE OR SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. WE WILL NOT BE LIABLE THIRD PERSON FOR ANY INDIRECT, INCIDENTALRELIANCE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITEDAMAGES, AS WELL AS GOODS OR SERVICES PROVIDED THROUGH THE SITEINCLUDING, NOR FOR ANY DAMAGES FOR WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USEGOODWILL, LOSS DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATADATA OR PROGRAMS, LOSS SERVICE INTERRUPTIONS AND PROCUREMENT OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIESSUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSESDAMAGES. FURTHERNOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WE WILL NOT BE LIABLE THE COMPANY'S LIABILITY TO YOU FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE CAUSE WHATSOEVER, AND REGARDLESS OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON FORM OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, AS WELL AS FOR ANY ISSUES WITH ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE, IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, FOR ANY REASON WHATSOEVER, SHALL WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNTAMOUNT PAID, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITECOMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. IT IS POSSIBLE YOU AGREE THAT APPLICABLE REGARDLESS OF ANY STATUTE OR LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOU, SOME OR ALL USE OF THE ABOVE DISCLAIMERS, EXCLUSIONS, SERVICE OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTSTHE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAWArbitration and Governing Law.

Appears in 1 contract

Samples: www.flint.cool

Links. The Site may provide contain links to other websitesthird-party sites. These links are provided solely as a convenience to you and not as an endorsement by XxXxxx or District. We are not responsible for the content of linked third-party sites and do does not endorse external websitesmake any representations regarding the content or accuracy of materials on such third party sites. We may allow If you decide to link to the Site directly from another website; if access linked third-party sites, you do link to the Site, you agree that you will disable and remove any such link promptly upon our requestso at your own risk. Accuracy of Information & Sworn Statement of Accuracy When you submit information to us through the Site, you declare, under penalty of perjury under the laws of the United States, that the information provided is true and correct. We rely on the truth and accuracy of your submissions to make decisions about the provision of Services to you, and it is important you are truthful in your submission. For example, if you enter incorrect information for shipping associated with the order of any goods, we are not responsible in any way for your error, and we are not obligated to assist in recovering lost shipments or the redirection of goods. Limitations of Liability and Disclaimers THE SITE Disclaimer XXXXXX AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS DISTRICT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KINDWITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE FOR INFORMATIONAL PURPOSES ONLY AND WE DISCLAIM ARE PROVIDED FOR USE ON AN “AS IS, WHERE IS” BASIS AND “AS AVAILABLE.” XXXXXX AND DISTRICT DISCLAIMS ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMSAND CONDITIONS, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICESEXPRESS OR IMPLIED, INFORMATIONOR ARISING BY STATUTE, GOODSUSAGE, AND MATERIALS MADE AVAILABLE THROUGH THE SITECUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE REPRESENTATIONS AND IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENTWITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. XXXXXX AND DISTRICT DOES NOT WARRANT THE FUNCTIONS, AND TITLE. WE MAKE NO REPRESENTATION INFORMATION OR WARRANTY LINKS CONTAINED ON THIS SITE NOR DOES IT WARRANT THAT THE SITE’S CONTENTS WILL MEET YOUR REQUIREMENTS. XXXXXX AND DISTRICT DOES NOT WARRANT THAT THIS SITE (OR ITS CONTENTS ARE FIT FOR ANY PART THEREOF) PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS SITE OR ITS CONTENTS WILL BE ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, DEFECTS WILL BE COMPATIBLE WITH THE SITECORRECTED, AND YOU HEREBY AGREE OR THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE, (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE, AND (C) TO ENSURE ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES THIS SITE OR THE SITE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. DISTRICT DOES NOT WARRANT OR MAKE ANY PARTICULAR QUALITY REPRESENTATIONS REGARDING THE USE OR FITNESS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. XXXXXX AND DISTRICT SHALL HAVE THE RIGHT FOR ANY REASON, IN THEIR SOLE DISCRETION, TO TERMINATE, CHANGE, SUSPEND OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY ASPECT OF THE SITE, AS WELL AS THE INCLUDING, BUT NOT LIMITED TO, CONTENT, FEATURES AND HOURS OF AVAILABILITY, WITHOUT FURTHER NOTICE TO YOU. Limitation of Liability YOU USE THIS SITE AND ITS CONTENT AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL XXXXXX, DISTRICT GROUP OR CONSUMPTION OF ANY GOODS ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR SERVICES OBTAINED THROUGH THE SITE OR SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. WE WILL NOT LICENSEES BE LIABLE FOR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIALCOMPENSATORY, EXEMPLARY, DIRECT OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, AS WELL AS GOODS OR SERVICES PROVIDED THROUGH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USEINDIRECT DAMAGES, LOSS OF DATA, LOSS OF OTHER INTANGIBLESINCOME OR PROFIT OR DAMAGE TO PROPERTY THAT RESULT FROM THE USE OF, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF OR THE INABILITY TO USE, THE SITE OR THE CONTENTS ON THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF XXXXXX, DISTRICT GROUP OR A DISTRICT GROUP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSESDAMAGES. FURTHERIndemnity of User You agree to defend, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITEindemnify and hold harmless XxXxxx, District, and each of its officers, directors, employees, parents, shareholders, licensees, assigns and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content or your breach of these Terms and Conditions. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITEXxXxxx and District shall provide notice to you promptly of any such claim, AS WELL AS FOR ANY ISSUES WITH ANY GOODS OR SERVICES OBTAINED THROUGH THE SITEsuit, IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGESor proceeding and may assist you, LOSSESin its sole discretion, AND CAUSES OF ACTIONat your expense, WHETHER IN CONTRACTin defending any such claim, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, FOR ANY REASON WHATSOEVER, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAWsuit or proceeding.

Appears in 1 contract

Samples: Terms of Use

Links. The This Site may provide contain links to other websiteswebsites for information that NSS believes may be useful or interesting to you. We are NSS does not endorse and is not responsible for and do not endorse external the content contained on these other websites. We may allow you to link NSS makes no representations as to the Site directly from another accuracy of the content on the linked website; if you do link to the Site, you . You acknowledge and agree that you will disable and remove shall be solely responsible for any such link promptly upon our requestinteractions which you may have with these linked websites. Accuracy of Information & Sworn Statement of Accuracy When you submit information You are encouraged to us through the Site, you declare, under penalty of perjury under the laws of the United States, that verify the information provided is true contained therein and correctreview the linked websites terms of use and privacy policies. We rely on the truth Your access and accuracy of your submissions to make decisions about the provision of Services to you, and it is important you are truthful in your submission. For example, if you enter incorrect information for shipping associated with the order use of any goods, we are not responsible in information obtained from a linked website is at your own risk and subject to any way for your error, and we are not obligated to assist in recovering lost shipments additional terms or conditions which may be applicable by the redirection of goodslinked websites. Limitations Limitation of Liability and Disclaimers THE SITE UNDER NO CIRCUMSTANCES AND ALL SERVICESUNDER NO LEGAL OR EQUITABLE THEORY, INFORMATIONWHETHER IN TORT, GOODSCONTRACT, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED STRICT LIABILITY OR OTHERWISE, SHALL NSS OR ANY OF ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, THIRD PARTY SERVICE PROVIDERS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, OR SUPPLIERS BE LIABLE TO YOU "AS IS" WITHOUT OR TO ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE, (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE, AND (C) TO ENSURE ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES OR THE SITE ARE OF ANY PARTICULAR QUALITY OR FITNESS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, AS WELL AS THE USE OR CONSUMPTION OF ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE OR SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. WE WILL NOT BE LIABLE OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND NATURE ARISING OUT OF OR IN CONNECTION WITH THE SITEUSE OF OR INABILITY TO USE THE NSS WEBSITE, AS WELL AS GOODS OR SERVICES PROVIDED THROUGH THE SITEINCLUDING, NOR FOR ANY WITHOUT LIMITATION, DAMAGES FOR LOSS OF LOST PROFITS, LOSS OF USEGOODWILL, LOSS OF DATA, LOSS WORK STOPPAGE, ACCURACY OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITERESULTS, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIESCOMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF NSS HAS BEEN ADVISED IN ADVANCE OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSESDAMAGES. FURTHER, WE WILL YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NSS SHALL NOT BE LIABLE RESPONSIBLE FOR DAMAGES ANY ACTS, INCLUDING DEFAMATORY OR ILLEGAL CONDUCT, OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS THIRD PARTY ON THE THIS SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, AS WELL AS FOR ANY ISSUES WITH ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE, IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, FOR ANY REASON WHATSOEVER, LIMITATIONS PROVIDED HEREIN SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE FULLEST EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED PROVIDED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW. Third-Party Articles From time to time the Site may contain articles or other information from third parties that we feel may be of interest to you. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles or obtained from third parties is correct and the publishing of third party articles shall not in any event be deemed an endorsement by NSS of the material contained therein. The opinions contained in any such article are not necessarily the opinion of NSS.

Appears in 1 contract

Samples: nauticalsoftwaresolution.com

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Links. The Web Site may provide provide, or third parties may provide, links to other websitesweb sites. We are Turtle Pond has no control over such sites, therefore, you acknowledge and agree that Turtle Pond is not responsible for the availability of such external sites or resources, and do doe not endorse external websitesand is not responsible or liable for any Content, advertising, products or other materials on or available from such sites. We may allow you to link to the Site directly from another website; if you do link to the Site, you You further acknowledge and agree that you will disable and remove Turtle Pond shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such link promptly upon our request. Accuracy of Information & Sworn Statement of Accuracy When you submit information to us through the SiteContent, you declare, under penalty of perjury under the laws of the United States, that the information provided is true and correct. We rely on the truth and accuracy of your submissions to make decisions about the provision of Services to you, and it is important you are truthful in your submission. For example, if you enter incorrect information for shipping associated with the order of any goods, we are not responsible in or services available on or through any way for your error, and we are not obligated to assist in recovering lost shipments such site or the redirection of goodsresource. Limitations of Liability and Disclaimers DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE WEB SITE AND ALL ITS SERVICES IS AT YOUR SOLE RISK. THE WEB SITE AND ITS SERVICES, INCLUDING BUT NOT LIMITED TO ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, GOODSARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MATERIALS MADE AVAILABLE THROUGH TURTLE POND (INCLUDING, WITHOUT LIMITATION, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, INDEPENDENT CONSULTANTS, SUBCONTRACTORS, DISTRIBUTORS, OR ANY CLIENT OF TURTLE POND (COLLECTIVELY, “TURTLE POND THIRD PARTIES”)) ASSUMES NO RESPONSIBILITY FOR THE SITE ARE PROVIDED TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO YOU "AS IS" WITHOUT STORE ANY EXPRESS REPRESENTATIONS OF YOUR COMMUNICATIONS, DATA, CONTENT, OR PERSONALIZATION SETTINGS. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, TURTLE POND AND TURTLE POND THIRD PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY WHETHER EXPRESS OR IMPLIED REPRESENTATIONSIMPLIED, WARRANTIESINCLUDING, TERMS, AND CONDITIONS WITH RESPECT BUT NOT LIMITED TO THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT, NONINFRINGEMENTQUIET ENJOYMENT, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS AND TITLEINFORMATIONAL CONTENT. WE NEITHER TURTLE POND NOR ANY TURTLE POND THIRD PARTIES MAKE NO REPRESENTATION OR ANY WARRANTY THAT THIS SITE, THE SITE (SOFTWARE, THE MATERIALS, THE PRODUCTS, OR ANY PART THEREOF) THE SERVICES WILL BE ACCURATEUNINTERRUPTED, COMPLETETIMELY, SECURE, OR ERROR-FREE, NOR ERROR OR VIRUS FREE OR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH DEFECTS IN THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY THE SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITEMATERIALS, (B) ENSURE THAT ANY SOFTWARETHE PRODUCTS, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE, AND (C) TO ENSURE ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES WILL BE CORRECTED; NOR DO TURTLE POND OR ANY TURTLE POND THIRD PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM, OR THE SITE ARE ACCURACY OR RELIABILITY OF ANY PARTICULAR QUALITY OR FITNESS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITHINFORMATION OBTAINED THROUGH, THE USE OF THE SERVICES OR THIS SITE, AS WELL AS THE USE . YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR CONSUMPTION OF ANY GOODS DATA DOWNLOADED OR SERVICES OTHERWISE OBTAINED THROUGH THE SITE OR SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, AS WELL AS GOODS OR SERVICES PROVIDED THROUGH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON AND THE SITE. SERVICES IS DONE AT YOUR SOLE OWN DISCRETION AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, AS WELL AS RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY ISSUES WITH ANY GOODS DAMAGE TO A COMPUTER SYSTEM OR SERVICES LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE, IS TO STOP USING THE SITESERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, FOR ANY REASON WHATSOEVER, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY CERTAIN STATE LAWS DO NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS THE EXCLUSION OR LIMITATIONS LIMITATION OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES . IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS DISCLAIMERS CONTAINED HEREIN MAY NOT APPLY TO YOU, YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. LIMITATION OF LIABILITY. IN NO EVENT SHALL TURTLE POND OR ANY RELATED THIRD PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST OR DAMAGED DATA OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE USE, OR INABILITY TO USE, THE WEB SITE, ITS SERVICES, ANY WEBSITES LINKED TO THIS WEB SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF APPLICABLE LAW PROHIBITS YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF A PARTY’S LIABILITY WITH RESPECT ANY PARTY UNDER THIS AGREEMENT FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED $100.00 OR THE TOTAL FEES YOU PAID TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED US IN DURING THE 3 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE EXTENT LIABILITY, WHICHEVER IS GREATER. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE THE USE OF SUCH PROHIBITION THE SERVICES. THE LIABILITY OF ANY PARTY UNDER SUCH APPLICABLE LAWTHIS AGREEMENT SHALL BE CUMULATIVE AND NOT PER INCIDENT.

Appears in 1 contract

Samples: Terms of Use

Links. The Site You may provide links to other websites. We are not responsible for and do not endorse external websites. We may allow you to link a hyperlink to the Site directly from another website; if you do link to the home page of this Site, you agree which is xxx.xxxxxxxxxxxx.xxx/XX Bid, provided that you will disable and must remove any such link promptly upon our requestrequest from NJ Bid. Accuracy Except as set forth in the preceding sentence, or as otherwise authorized by NJ Bid in writing, links to this Product or any of Information & Sworn Statement its Content is prohibited. The Product may include links to other sites, some of Accuracy When you submit information them operated by NJ Bid and some of them operated by third parties. Under no circumstances shall NJ Bid be deemed to us through the be associated or affiliated with, or viewed as endorsing or sponsoring, any web site that links to this Site, you declareor is linked to from this Site, under penalty of perjury under the laws or any services that may be offered through such web sites. NJ Bid has not necessarily reviewed any or all of the United States, that the information provided is true and correct. We rely on the truth and accuracy content of your submissions to make decisions about the provision of Services to you, and it is important you are truthful in your submission. For example, if you enter incorrect information for shipping associated with the order of any goods, we are not responsible in any way for your errorsuch other web sites, and we are disclaim responsibility for the content and services available therein. Any issues or disputes that may arise with respect to any such sites shall solely be between you and the applicable third party. Information Regarding Accuracy, Completeness and Timeliness of Information in the Product The Product is provided for general information only and should not obligated be relied upon or used as the basis for making significant decisions without consulting primary sources of information. Any reliance upon the Product shall be at your own risk. Neither NJ Bid, nor any third party involved in creating, producing or delivering the Product, is responsible if the Product is not accurate, complete or current. Neither NJ Bid, nor any third party involved in creating, producing or delivering the Product, has any responsibility for any consequence relating directly or indirectly to assist in recovering lost shipments any action or inaction that you take based on the redirection of goodsProduct. Limitations of Liability and Disclaimers No Warranties ALTHOUGH NJ BID MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE SITE PRODUCT AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE PARTS THEREOF ARE PROVIDED TO YOU "AS IS" WITHOUT ", "WITH ALL FAULTS", AND "AS AVAILABLE". NJ BID AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, "NJ BID") DISCLAIM ANY EXPRESS REPRESENTATIONS AND ALL REPRESENTATIONS, WARRANTIES OR WARRANTIES GUARANTEES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY WHETHER EXPRESS, IMPLIED OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT STATUTORY. NJ BID RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (PRODUCT OR ANY FEATURE OR PART THEREOF) THEROF AT ANY TIME. IF YOU DOWNLOAD ANY CONTENT FROM THIS PRODUCT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE ACCURATESOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THE SUBSCRIPTION AGREEMENT. Limitation of Liability YOU ACKNOWLEDGE THAT, COMPLETETO THE MAXIMUM EXTENT PERMITTED BY LAW, THE NJ BID PARTIES WILL NOT BE HELD LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE PRODUCT, OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE PRODUCT, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE, (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE, AND (C) TO ENSURE ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES OR THE SITE ARE OF ANY PARTICULAR QUALITY OR FITNESS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE UNAUTHORIZED USE OF THE SITEPRODUCT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, AS WELL AS IN NO EVENT WILL THE USE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF THE NJ BID PARTIES FOR ANY AND ALL REASONS TO ANY PARTY FOR DAMAGES, DIRECT OR CONSUMPTION OTHERWISE, ARISING OUT OF ANY GOODS OR SERVICES OBTAINED THROUGH IN CONNECTION WITH THE SITE OR SERVICESPRODUCT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESSTHESE TERMS OF USE, OR USEFULNESS A SEPARATE AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO NJ BID UNDER THE RELEVANT AGREEMENTS BETWEEN THE RELEVANT NJ BID VENDOR AND NJ BID DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE, REGARDLESS OF THE CAUSE OR FORM OF ACTION. RECOVERY OF THIS AMOUNT SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR THE NJ BID SUBSCRIBER OR ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH OTHER PARTY FOR ANY APPLICABLE DAMAGES. UNDER NO CIRCUMSTANCES WILL ANY OF THE SITE. WE WILL NOT NJ BID PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, AS WELL AS GOODS OR SERVICES PROVIDED THROUGH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, AS WELL AS FOR ANY ISSUES WITH ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE, IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE)LOST PROFITS, ARISING OUT OF, BASED ON, OR RESULTING FROM, OR IN CONNECTION WITH THE PRODUCT, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, NONE OF THE NJ BID PARTIES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND NJ BID’s™ CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, FOR ANY REASON WHATSOEVER, SHALL BE OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITEPRODUCT. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE ABOVE DISCLAIMERSCAUSE OR FORM OF ACTION, EXCLUSIONSWHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT OR LIMITATIONS MAY NOT APPLY TO YOUOTHERWISE, AND YOU MAY EVEN IF WE OR OUR REPRESENTATIVES HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT POSSIBILITY OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAWDAMAGES. NO ACTION ARISING OUT OF OR PERTAINING TO THIS AGREEMENT OF USE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN. User Data If you create any settings, fields or functions in the Product or input, add or export any data into or from the Product (collectively, the "User Data"), none of the NJ Bid Parties shall have any liability or responsibility for any of such User Data, including the loss, destruction or use by third parties of such User Data. It is your responsibility to make back-up copies of such User Data.

Appears in 1 contract

Samples: Vendor Agreement

Links. The Site Services may provide include links to other websitesWorld Wide Web sites or resources. We are Because real.leads has no control over such sites and resources, you acknowledge and agree that real.leads is not responsible for the availability of such external sites or resources, and do does not endorse external websitesand is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. We may allow you You further acknowledge and agree that real.leads shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to link to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Information Collection and Use By using the Site directly from another website; if you do link to the SiteServices, you authorize real.leads to access data stored on or transmitted through the Services to conduct research, improve the Services and provide anonymous reporting for internal and external clients. Authorship Xxxx and Client References You agree that real.leads can place a reasonably sized and positioned logo and/or text link on website pages included in the Services. You also agree that real.leads may reference its relationship with you will disable and remove any such link promptly upon our requestfor marketing purposes. Accuracy of Information & Sworn Statement of Accuracy When you submit information to us through the Site, you declare, under penalty of perjury under the laws of the United States, that the information provided is true and correct. We rely on the truth and accuracy of your submissions to make decisions about the provision of Services to you, and it is important you are truthful in your submission. For example, if you enter incorrect information for shipping associated with the order of any goods, we are not responsible in any way for your error, and we are not obligated to assist in recovering lost shipments or the redirection of goods. Limitations of Liability and Disclaimers WARRANTY THE SITE SERVICES AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH INFORMATION PROVIDED BY REAL.LEADS IN CONNECTION WITH THE SITE ARE SERVICES IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES WARRANTY OF ANY KIND, AND WE DISCLAIM ALL STATUTORY EXPRESSED OR IMPLIED REPRESENTATIONSIMPLIED, WARRANTIESINCLUDING, TERMSWITHOUT LIMITATION, AND CONDITIONS WITH RESPECT AS TO THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE, (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE, AND (C) TO ENSURE ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES OR THE SITE ARE OF ANY PARTICULAR QUALITY OR FITNESS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, AS WELL AS THE USE OR CONSUMPTION OF ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE OR SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, AS WELL AS GOODS OR SERVICES PROVIDED THROUGH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, AS WELL AS FOR ANY ISSUES WITH ANY GOODS OR SERVICES OBTAINED THROUGH THE SITE, IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, FOR ANY REASON WHATSOEVER, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUDPURPOSE, OR ANY OTHER MATTERWARRANTY, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED CONDITION, GUARANTY, OR EXCLUDED TO REPRESENTATION, WHETHER ORAL OR IN WRITING, AND YOU ACCEPT THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAWSOFTWARE, AS CUSTOMIZED FOR YOUR SITE, AT YOUR OWN RISK. Limitation of Liability In no event shall real.leads or any of its affiliated or related parties be liable for any damages nor shall any user hold real.leads or any of its affiliated or related parties liable resulting from the use of or inability to use the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not real.leads is advised of the possibility of such damages. The sole and exclusive remedy for dissatisfaction with the Services will be to stop using the Services. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred.

Appears in 1 contract

Samples: www.engageremarketing.com

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