Disclaimer

DISCLAIMER OF WARRANTIES

(a) To the maximum extent permitted under applicable law, and except as expressly provided to the contrary in a writing by us, our services are provided on an “as is” and “as available” basis to the maximum extent permitted under applicable law. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our services, including the information, content and materials contained therein.

(b) You acknowledge that information you store or transfer through our services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure event or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.

LIMITATION OF LIABILITY

Except as otherwise required by law, in no event shall company, our directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use our services or the company materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from company, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorized access to company’s records, programs or services.

You agree to defend, indemnify and hold harmless Company (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to:

(a) your use of, or conduct in connection with, our Services;

(b) any Feedback you provide;

(c) your violation of these Terms; or

(d) your violation of any rights of any other person or entity.