Common use of Disclaimer of Warranties and Limitation of Liability Clause in Contracts

Disclaimer of Warranties and Limitation of Liability. ALL OF TECHCET'S INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EMAIL TRANSMISSION OR THROUGH ANY OF TECHCET'S WEBSITES (xxxxxxx.xxx, xxxxxxx.xxx, xxxxxxxxxxxxxxxxx.xxx) AND ARE PROVIDED BY TECHCET ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TECHCET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TECHCET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TECHCET DOES NOT WARRANT THAT THEIR INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA EMAIL OR THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM TECHCET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TECHCET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Disclaimer of Warranties and Limitation of Liability. ALL OF TECHCET'S INFORMATIONa) For a period of thirty (30) days after installation of the Software Product (Warranty Period), CONTENTthe Software Product will be free of defects, MATERIALSbugs, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EMAIL TRANSMISSION OR THROUGH ANY OF TECHCET'S WEBSITES (xxxxxxx.xxxerrors and will be operational when installed provided that, xxxxxxx.xxxthe foregoing is directly attributable to the delivered Software Product, xxxxxxxxxxxxxxxxx.xxx) AND ARE the Software Product is used with authorized third-party software and hardware, and the Software Product has not been modified, altered or changed, in any manner, by any third party. Except as provided hereinbefore, no other Warranty Period will be provided. THE SOFTWARE PRODUCT IS PROVIDED BY TECHCET ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TECHCET LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KINDOTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE IN FACT OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TECHCET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, MISAPPROPRIATION, MISUSE OR UNAUTHORIZED USE FROM A THIRD PARTY OTHER THAN AS SET FORTH IN THIS AGREEMENT, INCLUDING THE LIMITED WARRANTY RECITED HEREIN. b) LICENSOR MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL MEET LICENSEE’S REQUIREMENTS OR OPERATE UNDER LICENSEE’S SPECIFIC CONDITIONS OF USE. TECHCET DOES NOT WARRANT OTHER THAN THE LIMITED WARRANTIES SET FORTH ABOVE DURING THE WARRANTY PERIOD, LICENSOR MAKES NO WARRANTY THAT THEIR INFORMATIONOPERATION OF THE SOFTWARE PRODUCT WILL BE SECURE, CONTENTERROR FREE, MATERIALSBUG FREE OR FREE FROM INTERRUPTION. LICENSEE MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS LICENSEE’S REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. LICENSEE SHALL BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET LICENSEE’S REQUIREMENTS. LICENSOR WILL NOT, PRODUCTS (INCLUDING SOFTWAREUNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. c) UNDER NO CIRCUMSTANCES SHALL LICENSOR, ITS DIRECTORS, OFFICERS, EMPLOYEES OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA EMAIL OR THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM TECHCET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TECHCET WILL NOT AGENTS BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATIONINDIRECT, CONTENTCONSEQUENTIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECTSPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGESOR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE EXCLUSION NEGLIGENCE OF LICENSOR OR LIMITATION OF CERTAIN DAMAGESANY OTHER PARTY,. IF THESE LAWS APPLY TO YOUTHE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS LICENSOR’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, SOME OR ALL OF THIS DISCLAIMER SHALL BE EFFECTIVE TO THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTSMAXIMUM EXTENT PERMITTED.

Disclaimer of Warranties and Limitation of Liability. ALL OF TECHCET'S EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY MAX GROUP, MAX GROUP DOES NOT CONTROL ANY MATERIALS, INFORMATION, CONTENTPRODUCTS, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES ON THE INTERNET. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EMAIL TRANSMISSION OR THROUGH ANY OF TECHCET'S WEBSITES (xxxxxxx.xxx, xxxxxxx.xxx, xxxxxxxxxxxxxxxxx.xxx) AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED BY TECHCET THROUGH THE SERVICE. THE SERVICES ARE PROVIDED ON AN "AS IS" IS AND "AS AVAILABLE" AVAILABLE BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TECHCET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TECHCET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TECHCET MAX GROUP DOES NOT WARRANT THAT THEIR INFORMATIONTHE SERVICES WILL BE UNINTERRUPTED, CONTENTERROR-FREE, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA EMAIL OR THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM TECHCET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TECHCET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, MAX GROUP MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO DIRECTTO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH MAX GROUP OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY MAX GROUP OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. MAX GROUPAND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, AND OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR MAX GROUP'S CUMULATIVE LIABILITY TO ANY SUBSCRIBER FOR ANY AND ALL CLAIMS RELATING TO THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL USE OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY SERVICES SHALL NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTSEXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

Disclaimer of Warranties and Limitation of Liability. ALL OF TECHCET'S INFORMATION9.1. MetrOPAC Library acknowledges that Fort Worth licenses its System from a System Vendor. In addition, CONTENTMetrOPAC Library acknowledges that operation of the System by Fort Worth is largely dependent on software license agreements and other documents required by the System Vendor or a respective 9.2. METROPAC LIBRARY UNDERSTANDS AND AGREES THAT FORT WORTH DOES NOT GRANT METROPAC LIBRARY ANY RIGHT THAT IS GREATER THAN OR DIFFERENT FROM ANY RIGHT THAT FORT WORTH MAY HAVE UNDER THE SYSTEM DOCUMENTS. IN ADDITION, MATERIALSMETROPAC LIBRARY UNDERSTANDS AND AGREES THAT FORT WORTH SHALL NOT BE LIABLE TO METROPAC LIBRARY FOR ANY SPECIAL, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON DIRECT, INDIRECT, INCIDENTAL OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EMAIL TRANSMISSION OR THROUGH ANY OF TECHCET'S WEBSITES (xxxxxxx.xxx, xxxxxxx.xxx, xxxxxxxxxxxxxxxxx.xxx) AND ARE PROVIDED BY TECHCET ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TECHCET MAKES NO REPRESENTATIONS OR WARRANTIES CONSEQUENTIAL DAMAGES OF ANY KINDSORT, INCLUDING WITHOUT LIMITATION, DAMAGES TO PROPERTY OR FOR PERSONAL INJURY, DEATH, LOSS OF PROFITS OR SAVINGS, LOSS OF USE OR ANY OTHER DAMAGES, WHETHER BASED ON STRICT LIABILITY OR NEGLIGENCE AND WHETHER RESULTING FROM USE OF THE SYSTEM OR OTHERWISE, EXCEPT FOR DIRECT, SPECIFIC DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ONLY TO THE EXTENT CAUSED BY FORT WORTH'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 9.3. METROPAC LIBRARY HEREBY ACKNOWLEDGES AND REPRESENTS THAT IT HAS INDEPENDENTLY DETERMINED, WITHOUT RELIANCE ON ANY REPRESENTATIONS THAT MAY OR MAY NOT HAVE BEEN MADE BY FORT WORTH, THAT THE SIZE, DESIGN, CAPACITY OF THE SYSTEM AND THE MANUFACTURER AND SUPPLIER ARE SATISFACTORY TO METROPAC LIBRARY INALL RESPECTS AND FOR ALL INTENDED PURPOSES. FORT WORTH HAS NOT MADE AND DOES NOT HEREBY MAKE ANY REPRESENTATION, WARRANTY OR COVENANT, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TECHCET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIEDANY MATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, IMPLIED WARRANTIES OF THE DESIGN, QUALITY, CAPACITY, MATERIAL, WORKMANSHIP, OPERATION, CONDITION, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, HIDDEN OR LATENT DEFECT OF THE SYSTEM OR ANY PORTION THEREOF, OR AS TO ANY PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT. TECHCET DOES NOT WARRANT THAT THEIR INFORMATIONAS TO FORT WORTH, CONTENTMETROPAC LIBRARY HEREBY WAIVES ANY CLAIM IT MAY HAVE REGARDING, MATERIALSWITHOUT LIMITATION, PRODUCTS (INCLUDING SOFTWARE) THE DESIGN, CAPACITY, MATERIAL, WORKMANSHIP, OPERATION, CONDITION, MERCHANTABILITY OR SERVICES INCLUDED ON FITNESS FOR A PARTICULAR PURPOSE, HIDDEN OR OTHERWISE MADE AVAILABLE TO YOU VIA EMAIL LATENT DEFECT OF THE SYSTEM OR THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM TECHCET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TECHCET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVEPORTION THEREOF, AND CONSEQUENTIAL DAMAGESANY CLAIM IT MAY HAVE AS TO ANY PATENT, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES COPYRIGHT OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTSTRADEMARK INFRINGEMENT.

Disclaimer of Warranties and Limitation of Liability. ALL OF TECHCET'S INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EMAIL TRANSMISSION OR THROUGH ANY OF TECHCET'S WEBSITES (xxxxxxx.xxx, xxxxxxx.xxx, xxxxxxxxxxxxxxxxx.xxx) AND ARE PROVIDED BY TECHCET ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TECHCET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TECHCET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TECHCET DOES NOT WARRANT THAT THEIR INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA EMAIL OR THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM TECHCET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TECHCET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Disclaimer of Warranties and Limitation of Liability. ALL OF TECHCET'S EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY EARTHLINK, EARTHLINK DOES NOT CONTROL ANY MATERIALS, INFORMATION, CONTENTPRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, PRODUCTS (INCLUDING SOFTWARE) SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. EARTHLINK HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EMAIL TRANSMISSION OR THROUGH ANY OF TECHCET'S WEBSITES (xxxxxxx.xxx, xxxxxxx.xxx, xxxxxxxxxxxxxxxxx.xxx) AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED BY TECHCET THROUGH THE SERVICE OR THE INTERNET. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TECHCET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TECHCET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TECHCET EARTHLINK DOES NOT WARRANT THAT THEIR INFORMATIONTHE SERVICES WILL BE UNINTERRUPTED, CONTENTERROR-FREE, MATERIALSOR 18 PEOPLESUPPORT, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA EMAIL OR THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM TECHCET ARE INC. AND EARTHLINK, INC. CONFIDENTIAL FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TECHCET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, EARTHLINK MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO DIRECTTO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH EARTHLINK OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY EARTHLINK OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. EARTHLINK AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, AND OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EARTHLINK'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL USE OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY SERVICES SHALL NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTSEXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

Disclaimer of Warranties and Limitation of Liability. ALL OF TECHCET'S INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND CAREERONESTOP WEB SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EMAIL TRANSMISSION OR THROUGH ANY OF TECHCET'S WEBSITES (xxxxxxx.xxx, xxxxxxx.xxx, xxxxxxxxxxxxxxxxx.xxx) AND ARE PROVIDED BY TECHCET STATE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TECHCET STATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR WHETHER EXPRESS, IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON STATUTORY OR OTHERWISE MADE AVAILABLE WITH RESPECT TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITINGCAREERONESTOP WEB SERVICES. YOU CUSTOMER EXPRESSLY AGREE ACKNOWLEDGES AND AGREES THAT YOUR CUSTOMER’S USE OF THIS SITE CAREERONESTOP WEB SERVICES IS AT YOUR CUSTOMER’S SOLE RISK. EXCEPT TO THE FULL EXTENT PERMISSIBLE PROHIBITED BY APPLICABLE LAW, TECHCET STATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. TECHCET STATE DOES NOT WARRANT THAT THEIR INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR CAREERONESTOP WEB SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA EMAIL OR THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM TECHCET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE ACCESSIBLE ON A PERMANENT BASIS OR WITHOUT INTERRUPTION OR THAT THE DATA CUSTOMER STORES IN ANY SERVICE ACCOUNT WILL NOT BE LOST OR DAMAGED. TECHCET STATE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE CUSTOMER’S USE OF THIS SITE OF, OR FROM ANY INFORMATIONINABILITY TO USE, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITECAREERONESTOP WEB SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITINGINCLUDING WITHOUT LIMITATION LOST DATA, BUSINESS OR ANTICIPATED PROFITS. CERTAIN STATE LAWS JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, AND SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOUCUSTOMER. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIMIT STATE'S LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT ONLY THAT IT ARISES AS A RESULT OF THE NEGLIGENCE OF STATE OR OF ITS EMPLOYEES, AGENTS OR AUTHORIZED REPRESENTATIVES AND YOU MIGHT HAVE ADDITIONAL RIGHTSIS A CLAIM FOR WHICH DAMAGES ARE RECOVERABLE UNDER THE MINNESOTA TORT CLAIMS ACT, MINN. STAT. § 3.736.