Limitation of Liability
Although Company takes all reasonable and necessary precautions, it cannot guarantee or warrant that the content, information or files available on or for downloading from the Company’s website will be free from infection, corruption, viruses, worms, Trojan horses or other codes that possess contaminating or destructive properties. By using the Company’s website and agreeing to these Terms, you understand and acknowledge that any content, files or information downloaded or otherwise obtained through the use of our website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download and/or use of such content, files or information.
COMPANY SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF COMPANY IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. USER AGREES THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, AND THAT THE SERVICES WOULD NOT BE PROVIDED TO USER ABSENT SUCH LIMITATIONS.
User agrees to indemnify and hold Company harmless from and against all claims of third parties arising from (1) your use of the Services or (2) your violation of any the Terms described herein. If you are obligated to indemnify Company, then Company may control the defense of any claim at your cost and expense, and you may not settle the claim without the consent of Company. This obligation will survive these Terms and your use of the Company’s website and Services.
User understands that he or she is waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, User acknowledges that he or she has read and understand, and User hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state, country or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
These Terms will be governed, construed and applied by the laws of the state in which Company is located without reference to its conflict of laws principles. All disputes arising out of or related to these Terms and your use of the Company’s website shall be subject to the exclusive jurisdiction of the state in which the Company is located, and the parties agree and submit to the personal and exclusive jurisdiction and venue of such state’s courts.
These Terms supersede all prior and contemporaneous agreements between you and the Company’s website relating to the Services provided by Company. The invalidity or unenforceability of any provision in these Terms will not affect the validity or enforceability of any other provision described herein.
THE USE OF THE COMPANY’S WEBSITE AND ITS CONTENT IS SUBJECT TO THE FOREGOING TERMS. BY SUBMITTING INFORMATION TO, OR ACCESSING INFORMATION FROM, THE COMPANY’S WEBSITE, YOU AGREE TO THE FOREGOING TERMS, NOTWITHSTANDING ANY LICENSE AGREEMENTS YOU MAY HAVE SEPARATELY ENTERED. THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SUBMIT INFORMATION TO, OR ACCESS INFORMATION FROM, THE COMPANY’S WEBSITE.
Effective: August 1, 2017