CHANGED. We may discontinue the operation, maintenance or provision of this Website, any pages thereof, and/or any related content, features, products or services or the terms thereof, at any time without notice or liability to you or any third party. You acknowledge and agree that Xxxxxx Bank, our licensors and/or our service providers own all rights to this Website and the content and works of authorship displayed on the Website, including, without limitation, text, software, photos, images, sound recordings and graphics (collectively, the “Site Property”). You are authorized to access, view and use the Site Property only for your own informational, noncommercial purposes or as otherwise expressly permitted pursuant to the terms of this Agreement or pursuant to the express terms of use regarding any specific product or service available through the Website. Unless otherwise expressly authorized, you may not copy, reproduce, retransmit, disseminate, display, publish, sell, broadcast, circulate, distribute, commercially exploit or create derivative works from any Site Property in any form. You further agree not to reverse engineer or reverse compile any of our technology, including but not limited to, any Java applets associated with the Site Property. You further acknowledge and agree that the Xxxxxx Bank names and logos and all related product and service names, design marks and slogans, as well as other trade and service marks appearing on the Website (collectively, the “Marks”), are the property of Xxxxxx Bank, our licensors and/or our service providers. You are not authorized to use such Marks without our prior express written consent and/or the prior express written consent of the owner of the applicable Mark. You acknowledge that, except as expressly provided in this Agreement, we have granted you no license or rights whatsoever in or to any Site Property or Marks, and we and/or our licensors and service providers retain all rights therein. You are responsible for obtaining and maintaining all telephone equipment and services, internet connection services, computer hardware and software and other equipment necessary for you to access and use the Website. We are not responsible or liable to you for any errors or failures resulting from defects in or malfunction of your computer or related equipment or services, nor are we responsible or liable to you for any computer virus or related problems that may be associated with the use of an online system. WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU REGARDING YOUR COMPUTER OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You are responsible for protecting the security of any passwords you use in connection with our Website and the security and integrity of any information you download from our Website. We take commercially reasonable measures to protect the security of information electronically transmitted to us through the use of customer service information forms integrated into our Website. However, we advise you to exercise caution when sending us email through the internet (for example, to XxxxxxxxXxxxxxx@XxxxxxXxxxxxxXxxxx.xxx or to another Xxxxxx Bank internet email address) as such transmissions may not be secure. For example, email may be intercepted by a third party or may not be immediately received by the designated person or department. Please do not use email to send us confidential or privileged information (such as account numbers or financial information), information that may need our immediate attention or information we have required you to send us in a signed writing or by other express means. We will not be liable to you for any losses or damages incurred as a result of the interception or unauthorized use by any third party of any information transmitted by you via insecure email or as a result of your use of email for the transmission of, or our failure to respond to email that includes, information that we have required you submit through another express means or medium. Please be aware that when you receive a message acknowledging your email, it means that your email has been routed into the internet and not that the message has been received by us. You are welcome to contact us directly by telephone during our business hours at 276.632.8000. You acknowledge and agree that when you submit any information to us through our Website you are submitting such information to all of the Xxxxxx Bank companies collectively and that such information may be disclosed and transferred among such companies and their respective agents and service providers, subject to the provisions of applicable law. You further agree that we may disclose any information you submit (i) if we have a right or duty to do so, (ii) if we are compelled or permitted by law to do so, (iii) as directed by you, and/or (iv) as necessary to provide you with products or services you have requested. Any information, feedback, questions, concepts, comments, suggestions, ideas or the like which you send to us by or through our Website or at any email address we have provided on our Website will be treated as being non-confidential and nonproprietary as to you, and we will be free to use the same or any information contained therein for any purpose whatsoever (including, without limitation, for the purposes of developing, manufacturing and marketing products and services) without paying any compensation to you, and the same shall be deemed our property upon receipt. Nothing herein shall be construed as limiting the responsibilities and obligations as set forth in our Privacy Statement. The terms of this Agreement also are supplemented by our Online Privacy Notice, the terms and conditions of which are incorporated herein by reference. You acknowledge and agree that we may monitor and keep a record of your use of our Website. You agree not to use our Website for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene or that infringes the rights of others. You also agree that your use of our Website is personal to you and that you will not resell or assign use of our Website or make any unauthorized commercial use of our Website. You agree that we may display advertisements and promotions of all kinds on the Website, and you agree not to disable any technology required or utilized to serve or display such advertising. Not all products and services described in our Website are available in all geographic areas, and the terms of certain products and services may vary between geographic areas. You may not qualify for certain products and services, and we reserve the right to determine eligibility for any product or service. Products and services described, as well as fees, charges, terms and conditions relating to such products and services, are subject to change without notice. No information on our Website is intended as a legal offer or solicitation for the purchase of any security or financial instrument, product or service, and all products and services are subject to our eligibility and application requirements. This Website and/or any products, services or information described or provided therein are not intended to be distributed or made available to or used by any person or entity in any jurisdiction, state or country where such distribution, availability or use would violate applicable law. Securities, insurance products and annuities (i) are not bank deposits or other obligations of, or guaranteed by, Xxxxxx Bank or any affiliates; and (ii) are not insured by the FDIC, or any other agency of the United States, or by Xxxxxx Bank or any affiliates. There is investment risk associated with securities and certain insurance products and annuities, including the possible loss of value and/or principal. Xxxxxx Bank may not offer an extension of credit or the provision of other services predicated on either (i) the purchase of an insurance product through Xxxxxx Bank or any affiliates or (ii) an agreement not to obtain, or a prohibition on obtaining, an insurance product from an entity not affiliated with Xxxxxx Bank. Any links from our Website to any website that is not owned, operated, controlled or maintained by us (a “Third Party Site”) are provided strictly for convenience. If you click a link for a Third Party Site, you will leave our Website and enter an external website owned, operated, controlled and/or maintained by a third party that is not affiliated with us and that is solely responsible for its own contractual obligations and financial condition. We (i) do not control nor are we responsible for the content, products and/or services provided by any Third Party Site;
Appears in 2 contracts
Samples: Please Read These Website Terms and Conditions, Please Read These Website Terms and Conditions
CHANGED. We The Plan may discontinue the operation, maintenance maintenance, or provision of this Website, any pages thereof, and/or any related content, features, products or services services, or the terms thereof, at any time without notice or liability to you or any third party. You acknowledge and agree that Xxxxxx Bank, our licensors the Plan and/or our its service providers own all rights to this Website and the content and works of authorship displayed on the Website, including, without limitation, text, software, photos, images, sound recordings and graphics (collectively, the “Site Property”). You are authorized to access, view view, and use the Site Property only for your own informationalin connection with efforts to facilitate compliance with the Act, noncommercial purposes or as otherwise expressly permitted pursuant to the terms of this Agreement or pursuant to the express terms of use regarding any specific product or the registration and fee payment service available through the Website. Unless otherwise expressly authorized, you may not copy, reproduce, retransmit, disseminate, display, publish, sell, broadcast, circulate, distribute, commercially exploit exploit, or create derivative works from any Site Property in any form. You further agree not to reverse engineer or reverse compile any of our the Plan’s technology, including but not limited to, any Java applets associated with the Site Property. You further acknowledge and agree that the Xxxxxx Bank names Plan name and logos logo and all related product and service names, design marks marks, and slogans, as well as other trade and service marks appearing on the Website (collectively, the “Marks”), are the property of Xxxxxx Bank, our licensors the Plan and/or our its service providers. You are not authorized to use such Marks without our the Plan’s prior express written consent and/or the prior express written consent of the owner of the applicable Mark. You acknowledge that, except as expressly provided in this Agreement, we have the Plan has granted you no license or rights whatsoever in or to any Site Property or Marks, and we the Plan and/or our licensors and its service providers retain all rights therein. You are responsible for obtaining and maintaining all telephone equipment and services, internet connection services, computer hardware and software software, and other equipment necessary for you to access and use the Website. We are The Plan is not responsible or liable to you for any errors or failures resulting from defects in or malfunction of your computer or related equipment or services, nor are we is it responsible or liable to you for any computer virus or related problems that may be associated with the use of an online system. WE MAKE THE PLAN MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU REGARDING YOUR COMPUTER OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You are responsible for protecting the security of any passwords you use in connection with our the Website and the security and integrity of any information you download from our the Website. We take The Plan takes commercially reasonable measures to protect the security of information electronically transmitted to us it through the use of customer service information forms integrated into our the Website. However, we advise the Plan advises you to exercise caution when sending us it email through the internet (for example, to XxxxxxxxXxxxxxx@XxxxxxXxxxxxxXxxxx.xxx xxxxxxxx@xxx.xxx or to another Xxxxxx Bank Plan related internet email address) as such transmissions may not be secure. For example, email may be intercepted by a third party or may not be immediately received by the designated person or department. Please do not use email to send us the Plan confidential or privileged information (such as account numbers or financial information), information that may need our its immediate attention attention, or information we have the Plan has required you to send us it in a signed writing or by other express means. We The Plan will not be liable to you for any losses or damages incurred as a result of the interception or unauthorized use by any third party of any information transmitted by you via insecure unsecure email or as a result of your use of email for the transmission of, or our the Plan’s failure to respond to email that includes, includes information that we have the Plan has required you submit through another express means or medium. Please be aware that when you receive a message acknowledging your email, it means that your email has been routed into the internet and not that the message has been received by usthe Plan. You are welcome to contact us the Plan directly by telephone during our business its published operating hours at 276.632.80000-000-XXX-XXXX. You acknowledge and agree that when you submit any information to us the Plan through our its Website you are submitting such information to all of the Xxxxxx Bank companies Plan and its participating member states collectively and that such information may be disclosed and transferred among such companies these entities as well as to the Federal Motor Carrier Safety Administration (“FMCSA”), and their respective agents employees, agents, and service providersauthorized representatives, subject to the provisions of applicable law. You further agree that we the Plan may disclose any information you submit (i) if we have it has a right or duty to do so, ; (ii) if we are it is compelled or permitted by law to do so, ; (iii) if necessary to fulfill the Plan’s responsibility to administer and enforce the Act or any other statute, rule, or regulation requiring registration under such Act; (iv) as directed by you, ; and/or (ivv) as necessary to provide you with products or services information you have requested. Any information, feedback, questions, concepts, comments, suggestions, ideas ideas, or the like which you send to us the Plan by or through our Website its Website, or at any email address we have the Plan has provided on our Website at its Website, will be treated as being non-confidential nonconfidential and nonproprietary as to you, and we the Plan will be free to use the same or any information contained therein for any purpose whatsoever (including, without limitation, for the purposes of developing, manufacturing and marketing products and services) without paying any compensation to you, and the same shall be deemed our the Plan’s property upon receipt. Nothing herein shall be construed as limiting the responsibilities and obligations as set forth in our its Privacy StatementPolicy. The terms of this Agreement also are supplemented by our its Online Privacy Notice, the terms and conditions of which are incorporated herein by reference. You acknowledge and agree that we the Plan may monitor and keep a record of your use of our its Website. You agree not to use our the Website for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's ’s privacy, abusive, threatening, or obscene obscene, or that infringes the rights of others. You also agree that your use of our the Website is personal to you and your company and that you will not resell or assign use of our the Website or make any unauthorized commercial use of our the Website. You agree that we may display advertisements and promotions of all kinds on the Website, and you agree not to disable use or attempt to use the Website or any technology required part of the Website in any way or utilized to serve or display such advertising. Not all products and services described in our Website are available in all geographic areas, and the terms of certain products and services may vary between geographic areas. You may not qualify for certain products and services, and we reserve the right to determine eligibility for any product or service. Products and services described, as well as fees, charges, terms and conditions relating to such products and services, are subject to change without notice. No information on our Website is intended as a legal offer or solicitation for the purchase of any security or financial instrument, product or service, and all products and services are subject to our eligibility and application requirements. This Website and/or any products, services or information described or provided therein are not intended to be distributed or made available to or used by any person or entity in any jurisdiction, state or country where such distribution, availability or use would violate applicable law. Securities, insurance products and annuities purpose that (i) are not bank deposits or other obligations of, or guaranteed by, Xxxxxx Bank or any affiliatesattempts to gain unauthorized access to the Plan’s network services; and (ii) are not insured by transmits any harmful or disabling computer codes or viruses; (iii) interferes with the FDIC, Plan’s network services; (iv) interferes with or induces a breach of any other agency of legal relationships between the United States, or by Xxxxxx Bank or any affiliates. There is investment risk associated with securities Plan and certain insurance products and annuities, including the possible loss of value and/or principal. Xxxxxx Bank may not offer an extension of credit or the provision of other services predicated on either (i) the purchase of an insurance product through Xxxxxx Bank or any affiliates or (ii) an agreement not to obtain, or a prohibition on obtaining, an insurance product from an entity not affiliated with Xxxxxx Bank. Any links from our Website to any website that is not owned, operated, controlled or maintained by us (a “Third Party Site”) are provided strictly for convenience. If you click a link for a Third Party Site, you will leave our Website and enter an external website owned, operated, controlled and/or maintained by a third party that is not affiliated with us and that is solely responsible for its own contractual obligations and financial condition. We (i) do not control nor are we responsible for the content, products and/or services provided by any Third Party Siteparticipating member states;
Appears in 1 contract
Samples: Website Terms of Use
CHANGED. We may discontinue the operation, maintenance or provision of this Website, any pages thereof, and/or any related content, features, products or services or the terms thereof, at any time without notice or liability to you or any third party. You acknowledge and agree that Xxxxxx BankVarsity, our licensors and/or our service providers own all rights to this Website and the content and works of authorship displayed on the Website, including, without limitation, text, software, photos, images, sound recordings and graphics (collectively, the “Site Property”). You are authorized to access, view and use the Site Property only for your own informational, noncommercial purposes or as otherwise expressly permitted pursuant to the terms of this Agreement or pursuant to the express terms of use regarding any specific product or service available through the Website. Unless otherwise expressly authorized, you may not copy, reproduce, retransmit, disseminate, display, publish, sell, broadcast, circulate, distribute, commercially exploit or create derivative works from any Site Property in any form. You further agree not to reverse engineer or reverse compile any of our technology, including but not limited to, any Java applets associated with the Site Property. You further acknowledge and agree that the Xxxxxx Bank Varsity names and logos and all related product and service names, design marks and slogans, as well as other trade and service marks appearing on the Website (collectively, the “Marks”), are the property of Xxxxxx BankVarsity, our licensors and/or our service providers. You are not authorized to use such Marks without our prior express written consent and/or the prior express written consent of the owner of the applicable Mark. You acknowledge that, except as expressly provided in this Agreement, we have granted you no license or rights whatsoever in or to any Site Property or Marks, and we and/or our licensors and service providers retain all rights therein. You are responsible for obtaining and maintaining all telephone equipment and services, internet connection services, computer hardware and software and other equipment necessary for you to access and use the Website. We are not responsible or liable to you for any errors or failures resulting from defects in or malfunction of your computer or related equipment or services, nor are we responsible or liable to you for any computer virus or related problems that may be associated with the use of an online system. WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU REGARDING YOUR COMPUTER OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You are responsible for protecting the security of any passwords you use in connection with our Website and the security and integrity of any information you download from our Website. We take commercially reasonable measures to protect the security of information electronically transmitted to us through the use of customer service information forms integrated into our Website. However, we advise you to exercise caution when sending us email through the internet (for example, to XxxxxxxxXxxxxxx@XxxxxxXxxxxxxXxxxx.xxx XxxxxxxxXxxxxxx@Xxxxxxx.xxxx or to another Xxxxxx Bank Varsity internet email address) as such transmissions may not be secure. For example, email may be intercepted by a third party or may not be immediately received by the designated person or department. Please do not use email to send us confidential or privileged information (such as account numbers or financial information), information that may need our immediate attention or information we have required you to send us in a signed writing or by other express means. We will not be liable to you for any losses or damages incurred as a result of the interception or unauthorized use by any third party of any information transmitted by you via insecure email or as a result of your use of email for the transmission of, or our failure to respond to email that includes, information that we have required you submit through another express means or medium. Please be aware that when you receive a message acknowledging your email, it means that your email has been routed into the internet and not that the message has been received by us. You are welcome to contact us directly by telephone during our business hours at 276.632.8000888.9.Varsity or (888.982.7748). You acknowledge and agree that when you submit any information to us through our Website you are submitting such information to all of the Xxxxxx Bank Varsity companies collectively and that such information may be disclosed and transferred among such companies and their respective agents and service providers, subject to the provisions of applicable law. You further agree that we may disclose any information you submit (i) if we have a right or duty to do so, (ii) if we are compelled or permitted by law to do so, (iii) as directed by you, and/or (iv) as necessary to provide you with products or services you have requested. Any information, feedback, questions, concepts, comments, suggestions, ideas or the like which you send to us by or through our Website or at any email address we have provided on our Website will be treated as being non-confidential and nonproprietary as to you, and we will be free to use the same or any information contained therein for any purpose whatsoever (including, without limitation, for the purposes of developing, manufacturing and marketing products and services) without paying any compensation to you, and the same shall be deemed our property upon receipt. Nothing herein shall be construed as limiting the responsibilities and obligations as set forth in our Privacy Statement. The terms of this Agreement also are supplemented by our Online Privacy Notice, the terms and conditions of which are incorporated herein by reference. You acknowledge and agree that we may monitor and keep a record of your use of our Website. You agree not to use our Website for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene or that infringes the rights of others. You also agree that your use of our Website is personal to you and that you will not resell or assign use of our Website or make any unauthorized commercial use of our Website. You agree that we may display advertisements and promotions of all kinds on the Website, and you agree not to disable any technology required or utilized to serve or display such advertising. Not all products and services described in our Website are available in all geographic areas, and the terms of certain products and services may vary between geographic areas. You may not qualify for certain products and services, and we reserve the right to determine eligibility for any product or service. Products and services described, as well as fees, charges, terms and conditions relating to such products and services, are subject to change without notice. No information on our Website is intended as a legal offer or solicitation for the purchase of any security or financial instrument, product or service, and all products and services are subject to our eligibility and application requirements. This Website and/or any products, services or information described or provided therein are not intended to be distributed or made available to or used by any person or entity in any jurisdiction, state or country where such distribution, availability or use would violate applicable law. Securities, insurance products and annuities (i) are not bank deposits or other obligations of, or guaranteed by, Xxxxxx Bank Varsity or any affiliates; and (ii) are not insured by the FDIC, or any other agency of the United States, or by Xxxxxx Bank Varsity or any affiliates. There is investment risk associated with securities and certain insurance products and annuities, including the possible loss of value and/or principal. Xxxxxx Bank Varsity may not offer an extension of credit or the provision of other services predicated on either (i) the purchase of an insurance product through Xxxxxx Bank Varsity or any affiliates or (ii) an agreement not to obtain, or a prohibition on obtaining, an insurance product from an entity not affiliated with Xxxxxx BankVarsity. Any links from our Website to any website that is not owned, operated, controlled or maintained by us (a “Third Party Site”) are provided strictly for convenience. If you click a link for a Third Party Site, you will leave our Website and enter an external website owned, operated, controlled and/or maintained by a third party that is not affiliated with us and that is solely responsible for its own contractual obligations and financial condition. We (i) do not control nor are we responsible for the content, products and/or services provided by any Third Party Site;; (ii) do not endorse or guarantee the products, information or recommendations provided by any Third Party Site; and (iii) are not liable for any failure of the products or services advertised on or provided by any Third Party Site. The privacy and information-sharing and security policies and procedures of Third Party Sites are distinct from those of Varsity, and a Third Party Site may not be as secure as our Website. We would like to remind you to be cautious when browsing on the internet and to use good judgment and discretion when making purchases and obtaining or transmitting information. Certain sites accessible on the internet may contain information or material that may be offensive or inappropriate to some people. We make no effort to review the content of these sites. We are not responsible for the validity, legality, copyright compliance or decency of any content contained in these sites. In addition, we are not responsible or liable for any content that may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable. We are not responsible or liable for content that infringes or may infringe upon the intellectual property or other rights of another. Different products, features and services available at or through our Website, and/or different pages or sections of our Website, may be subject to separate terms and conditions in addition to the terms of this Agreement. In the event of a conflict, such separate terms and conditions, will govern and control with respect to the corresponding product, feature, service, page or section. This Agreement is not intended to affect or amend any agreement or contract between you and any Varsity company for the provision of a particular financial product or service, and our relationship with you as to such particular financial product or service shall be governed by the written terms of the agreement or contract contemplating such financial product or service. If you should link to or access a separate website maintained by any of the Varsity companies, you should review and will be subject to any terms and conditions applicable to the use of that particular website. No Varsity company is acting as an advisor or fiduciary in publishing any information available at our Website. You should consult a qualified advisor in the event you should need legal, tax or accounting advice with respect to any specific circumstances. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM 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 NONINFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND/OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY XXXXX, INJURIES OR CLAIMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY OTHER PERSON USING OR ACCESSING OUR WEBSITE; (V) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; AND/OR
Appears in 1 contract
