Common use of Disclaimers and Limitations of Liability Clause in Contracts

Disclaimers and Limitations of Liability. 6.1. THE WEBSITE OWNER DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. 6.2. The Website is provided on an "AS IS," "as available" basis. We do not warrant that your use of the Website will be uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the content provided on the Website. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Website is at your sole risk. 6.3. Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained at the Website, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Website. 6.4. THE TOKENS MAY HAVE NO VALUE. THE USER MAY LOSE ALL AMOUNTS PAID. Any and all purchases of the Tokens are final and non-refundable. By purchasing the Tokens, the User acknowledges that neither Website Owner nor any other of its affiliates are required to provide a refund for any reason, and that the User will not receive money or other compensation for any Tokens that are not used or remains unused for any reason. 6.5. The User expressly acknowledges, understands and agrees that the User is purchasing the Tokens at the User’s sole risk and that the Tokens are provided, used and acquired on an “AS IS” and on an “AS AVAILABLE” basis without representations, warranties, promises or guarantees whatsoever of any kind by the Company and the User shall rely on its own examination and investigation thereof. 6.6. The Tokens have no rights, uses, purpose, attributes, functionalities or features, express or implied, outside the Etalonium project ecosystem. The User understands and agrees that the Tokens are designed only to be utilized with the Etalonium project ecosystem. 6.7. You should review and agree to all disclaimer provisions regarding the Tokens in Our Token Purchase Agreement (available at xxxxx://xxx.xxxxxxxxx.xx/img/documents/ tpa_etalonium_tok.pdf).

Appears in 2 contracts

Samples: Website Terms and Conditions, Website Terms and Conditions

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Disclaimers and Limitations of Liability. 6.1. THE WEBSITE OWNER DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. 6.2. The Website system is provided on an "AS IS," "to the customer “as available" basis. We do it is” and, subject to what is specified in this section, all explicit or implied conditions (whether they are terms that are not warrant that your use of the Website will be uninterrupted contained in this agreement but are otherwise included by law or error-free. We do not warrant the accuracyotherwise), integrity, declarations or completeness of the content provided on the Website. We specifically disclaim warranties of any kindkind including, whether expressed or implied, including but not limited to warranties of titleto, any implied warranties of merchantability or warranties of fitness conditions relating to non-infringement, merchantability, suitability for a particular purpose, satisfactory quality, non-interference or arising from negotiation, practice or commercial practice, are excluded to the extent permitted by applicable laws and are explicitly denied by EP, by its suppliers and licensors. No oral advice Since some States or written information given by us jurisdictions do not allow limitations on certain warranties and statements, the above limitations may not apply in whole or in part to the customer. The customer may have additional rights as a consumer, which vary from jurisdiction to jurisdiction and which are not specified in this agreement. If EP does not comply with the terms of this Agreement, it shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Website is at your sole risk. 6.3. Under no circumstances shall we be liable for any directloss or damage incurred by the customer that is due to a foreseeable breach of this agreement or the negligence of EP. EP has no liability, and excludes any liability, for any loss or damage incurred by the customer that is not foreseeable. Loss or damage are foreseeable if they are an obvious consequence of EP’s breach or if such loss or damage were contemplated by the Customer and EP at the time of signing of this agreement. EP provides the Customer with the System for exclusively use under this Agreement, the Customer agrees not to use the System for any commercial or resale purposes, unless such use is permitted by this Agreement. The Customer also accepts that Ep has no responsibility for any loss or damage incurred in relation to (i) accuracy, completeness, legality, reliability, operability or availability of and the content or information or material provided by or accessible through the System; (ii) deletion, non-disclosure, an accidental disclosure, loss, mis delivery of any information or material; unless such loss or damage is due to a foreseeable breach of this Agreement by or on behalf of EP. EP has no liability for the information and events over which EP has no control, including the content of message boards or other forums that refers to the System. Unless otherwise stated in this Agreement, EP, its affiliates, officers, directors, employees, agents, suppliers and licensors have no liability to the customer for any loss of profit or revenue, business’ loss, business’ interruption, loss of business opportunity, data loss or damage data, loss capital or for aggravated, indirect, incidentalconsequential, specialincidental or punitive damages, in any way caused, including through the contract for unlawful (negligence included) or consequential damages that result if arising from the use or impossibility of or inability to use by the Website, including but not limited to reliance by a user on any information obtained at the Website, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equitysystem’ customer, even if one of our authorized representatives EP, its affiliates, officers, directors, employees, agents, suppliers or licensors have been advised of or should have knowledge of informed about the possibility of such damages. You hereby acknowledge that This liability restriction and exclusion of certain damages types may not apply, in whole or in part, to the Customer according to the laws in force in their residence jurisdiction. Nothing in this paragraph Agreement shall apply exclude or limit in any way the liability of (i) EP, its affiliates, officers, directors, employees, agents, suppliers or licensors collectively, to all contentthe Customer in relation to personal injury or death caused by their negligence; (ii) EP’s liability to the Customer for fraud or fraudulent misrepresentation: or (iii) any liability of EP which cannot be excluded under applicable law, merchandise and services available which may include consumer protection laws in the Customer’s jurisdiction. Under no circumstances may EP be held liable for damages resulting from the download or access to any information or material through the Website. 6.4. THE TOKENS MAY HAVE NO VALUE. THE USER MAY LOSE ALL AMOUNTS PAID. Any System, for any delays or failure to perform the services arising, directly or indirectly, natural events, forces or causes beyond the reasonable control of EP including, but not limited to, internet problems, computer equipment failures, telecommunications equipment failures, power line failures, strikes, labour disputes, riots, insurrections, public unrest, shortage of labour and all purchases materials, fires, floods, storms, explosions, natural events, wars, government actions, orders of the Tokens are final and domestic or foreign courts, non-refundable. By purchasing the Tokens, the User acknowledges that neither Website Owner nor any other performance of its affiliates are required to provide a refund for any reason, and that the User will not receive money or other compensation for any Tokens that are not used or remains unused for any reasonthird parties. 6.5. The User expressly acknowledges, understands and agrees that the User is purchasing the Tokens at the User’s sole risk and that the Tokens are provided, used and acquired on an “AS IS” and on an “AS AVAILABLE” basis without representations, warranties, promises or guarantees whatsoever of any kind by the Company and the User shall rely on its own examination and investigation thereof. 6.6. The Tokens have no rights, uses, purpose, attributes, functionalities or features, express or implied, outside the Etalonium project ecosystem. The User understands and agrees that the Tokens are designed only to be utilized with the Etalonium project ecosystem. 6.7. You should review and agree to all disclaimer provisions regarding the Tokens in Our Token Purchase Agreement (available at xxxxx://xxx.xxxxxxxxx.xx/img/documents/ tpa_etalonium_tok.pdf).

Appears in 1 contract

Samples: End User License Agreement

Disclaimers and Limitations of Liability. 6.1Please read this section carefully because it limits the liability of the Deere Entities. THE WEBSITE OWNER DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORYEach of the subsections below applies to the maximum extent permitted under applicable law and subject to subsection E.10. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 6.21. The Website is provided While Deere endeavors to provide a functional and convenient Site, the Tools and Organization are made available to you on an "AS IS,as is", "with all faults" and "as available" basis. We do not warrant that your Your use of the Website will be uninterrupted Tools and Organization are at your own discretion and risk. The Deere Entities make no claims or error-freepromises about the quality, accuracy, or reliability of the Tools or your Organization, their safety or security, availability or uptime, or content. You are responsible for maintaining backups of your data. Accordingly, the Deere Entities disclaim and exclude all implied conditions, warranties, representations or other terms that may apply to the Tools or to your Organization or any content on it. 2. We do make no claims or promises with respect to any third party. Accordingly, the Deere Entities are not warrant the accuracyliable to you for any loss or damage that might arise from their actions, integrityincluding, for example, if another user misuses your content or completeness identity. Your use of the third party content provided on the Websiteis at your own discretion and risk. 3. We specifically expressly disclaim all warranties, guarantees, conditions or terms, whether implied or imposed by law, including any warranties of any kindmerchantability, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose, quality, or non-infringement. No oral advice or written information given or advice provided to you by us a representative of one of the Deere Entities shall create a representation or warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Website is at your sole risk. 6.34. Under no circumstances shall we The Deere Entities will not be liable to you (nor to your Users or any other person claiming rights derived from your rights) for any directloss or damage, indirectwhether in contract, incidentaltort, specialdelict (including, without limitation, negligence and strict liability), breach of statutory duty, or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained at the Website, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equityotherwise, even if one foreseeable, that might arise in relation to the Tools or Organization, including any (i) indirect or consequential loss or damage; (ii) loss of profits, sales, business, revenue or use; (iii) business interruption; (iv) loss of business opportunity, goodwill or reputation; or (v) loss of information or data. 5. The information on our authorized representatives have been advised of or should have knowledge of Tools is for general information only and given the possibility of such damagesinformation on our Tools is not tailored to your Organization and Users, it is not intended to be relied upon for those purposes. You hereby acknowledge that this paragraph shall apply should obtain independent, specialist advice before taking, or refraining from, any action based on the information provided on the Tools. Although we make reasonable efforts to all contentupdate the information on our Tools, merchandise and services available through the Website. 6.4. THE TOKENS MAY HAVE NO VALUE. THE USER MAY LOSE ALL AMOUNTS PAID. Any and all purchases of the Tokens are final and non-refundable. By purchasing the Tokens, the User acknowledges that neither Website Owner nor any other of its affiliates are required to provide a refund for any reason, and that the User will not receive money or other compensation for any Tokens that are not used or remains unused for any reason. 6.5. The User expressly acknowledges, understands and agrees that the User is purchasing the Tokens at the User’s sole risk and that the Tokens are provided, used and acquired on an “AS IS” and on an “AS AVAILABLE” basis without we make no representations, warranties, promises warranties or guarantees whatsoever of any kind by the Company and the User shall rely on its own examination and investigation thereof. 6.6. The Tokens have no rights, uses, purpose, attributes, functionalities or featuresguarantees, express or implied, outside that the Etalonium project ecosystemcontent on our Tools is accurate, complete or up to date. 6. While Deere will use commercially reasonable efforts to deliver and support the Organization and Tools the Deere Entities do not guarantee that the Tools or your Organization will be secure or free from bugs or viruses. You are responsible for configuring your information technology to access our Tools and your Organization and you should use your own virus protection software. 7. Your sole and exclusive right and remedy in case of dissatisfaction with your Organization, the Tools, related services, or any other grievance shall be your termination and discontinuation of access to or use of the tools and Organization. 8. The User understands and agrees Deere Entities' maximum aggregate liability to you for losses or damages that you suffer in connection with your Organization, the Tokens are designed only tools, related services, or this agreement is limited to be utilized with US $100, or the Etalonium project ecosystemequivalent in your local currency. 6.79. You should review Notwithstanding any other term in this Agreement, if any guarantee, condition, representation, warranty or term is implied or imposed by any applicable law and agree cannot be excluded (a "Non- excludable Provision"), and we are able to all disclaimer provisions regarding limit your remedy for a breach of the Tokens non-excludable provision, then our liability for breach of the non-excludable provision is limited exclusively (so far as applicable laws do not prohibit) to, at our option: (i) in Our Token Purchase the case of goods, the prompt replacement of the goods or supply of equivalent goods, or the cost of replacing the goods or acquiring equivalent goods; and (b) in the case of services, the supplying of the services again, or the payment of having the cost of having the services supplied again. 10. Notwithstanding any other term of this Agreement, nothing in this Agreement excludes or limits our liability for (available at xxxxx://xxx.xxxxxxxxx.xx/img/documents/ tpa_etalonium_tok.pdf)i) breach of applicable statutory product liability regulations, (ii) death or personal injury caused by our negligence; (iii) fraud or fraudulent misrepresentation; (iv) damages caused by our intentional acts or gross negligence, or (v) any other liability that cannot be excluded or limited as a matter of applicable law.

Appears in 1 contract

Samples: Customer Organization Terms and Conditions

Disclaimers and Limitations of Liability. 6.1Please read this section carefully since it limits the liability of StreetBuzz and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “StreetBuzz Entities”). THE WEBSITE OWNER DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORYEach of the subsections below only applies up to the maximum extent permitted under applicable law. 6.2. A. The Website is provided on an "AS Services are Available “AS-IS," "as available" basis. We do not warrant that your ” Your access to and use of the Website will be uninterrupted Services or error-free. We do not warrant the accuracy, integrity, or completeness of the content provided on the Website. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warrantyContent are at your own risk. You expressly understand and agree that your access to, viewing of, browsing, visiting or use of the Website is at your sole risk. 6.3. Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability Services are provided to use the Website, including but not limited to reliance by a user on any information obtained at the Website, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Website. 6.4. THE TOKENS MAY HAVE NO VALUE. THE USER MAY LOSE ALL AMOUNTS PAID. Any and all purchases of the Tokens are final and non-refundable. By purchasing the Tokens, the User acknowledges that neither Website Owner nor any other of its affiliates are required to provide a refund for any reason, and that the User will not receive money or other compensation for any Tokens that are not used or remains unused for any reason. 6.5. The User expressly acknowledges, understands and agrees that the User is purchasing the Tokens at the User’s sole risk and that the Tokens are provided, used and acquired you on an “AS IS” and on an “AS AVAILABLE” basis without representationsbasis. Without limiting the foregoing, warrantiesto the maximum extent permitted under applicable law, promises THE STREETBUZZ ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The StreetBuzz Entities make no warranty or guarantees whatsoever representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the StreetBuzz Entities or through the Services, will create any warranty or representation not expressly made herein. B. Links The Services may contain links to third-party websites or resources. You acknowledge and agree that the StreetBuzz Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the StreetBuzz Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any kind such websites or resources. D. Predictions & Intradays The Services do not guarantee the accuracy of the asset prices forecasted by the Company and users of the User shall rely on its own examination and investigation thereof. 6.6system. The Tokens have no rightscorrectness of calculation of users forecasting accuracy is not guaranteed by The Services C. Limitation of Liability ANAH CAPITAL & ITS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, usesINCIDENTAL, purposeSPECIAL, attributesCONSEQUENTIAL OR PUNITIVE DAMAGES, functionalities or featuresOR ANY LOSS OF PROFITS OR REVENUES, express or impliedWHETHER INCURRED DIRECTLY OR INDIRECTLY, outside the Etalonium project ecosystemOR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. The User understands and agrees that the Tokens are designed only to be utilized with the Etalonium project ecosystemIN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE STREETBUZZ ENTITIES EXCEED THE GREATER OF (INR 1000.00) OR THE AMOUNT YOU PAID STREETBUZZ, IF ANY, IN THE PAST ONE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE STREETBUZZ ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 6.7. You should review and agree to all disclaimer provisions regarding the Tokens in Our Token Purchase Agreement (available at xxxxx://xxx.xxxxxxxxx.xx/img/documents/ tpa_etalonium_tok.pdf).

Appears in 1 contract

Samples: Terms of Service

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Disclaimers and Limitations of Liability. 6.1. THE WEBSITE OWNER DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. 6.2No provisions of these Terms will prejudice the statutory rights that you may have as a consumer of the Services. The Website is laws of some countries and jurisdictions do not allow the exclusion of some kinds of warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. You use the App at your own risk and subject to the disclaimers set in these Terms. The Services are provided on an "AS IS,as-is" and "as available" basis. We This means that we cannot (and we do not warrant not) make the warranty that your use of the Website Services will be uninterrupted uninterrupted, timely, or error-free. We do shall not be obliged to ensure the operation of the App for all devices or under certain specific conditions. The Company does not warrant that (i) the accuracyApp will meet your specific requirements, integrity(ii) the Services will be uninterrupted, timely, secure, or completeness error-free, (iii) the results that may be obtained from the use of the content App will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the App will meet your expectations, and (v) any errors in the App will be corrected. Despite the stated above, the Services shall be provided on within a reasonable time and fit for any purposes specified within the WebsiteApp. In any case, we and you acknowledge that: ● These Terms are concluded between us and you only, and not with Apple. We specifically disclaim warranties are responsible for the App and all content thereof, except for the User Content. We acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App for iOS. ● Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. We are solely responsible for providing any maintenance and support services with respect to the App. ● We, and not Apple, are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any kindfailure of the App to conform to any applicable warranty, whether expressed you may notify Apple, and Apple will refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or impliedexpenses attributable to any failure to conform to any warranty will be Your sole responsibility. ● The Company, including not Apple, is responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to warranties conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. ● In the event of title, implied warranties of merchantability any third party claim that the App or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or possession and use of that App infringes that third party’s intellectual property rights, the Website Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. ● You must represent and warrant that (i) you are not located in a country that is at subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. ● Apple’s subsidiaries are third party beneficiaries of the XXXX, and upon your sole risk. 6.3acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. Under To the maximum extent permitted by the law, in no circumstances event shall we the Company be liable for any direct, indirectspecial, incidental, specialindirect, or consequential damages that result from whatsoever (including, but not limited to, damages for loss of profits) arising out of or in any way related to the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained at the WebsiteApp, or that result from mistakes, omissions, interruptions, deletion otherwise under or in connection with any provision of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equitythese Terms, even in the event of strict liability. This limitation should apply even if one of our authorized representatives have the Company has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply We disclaim all warranties and conditions, either expressed, implied or statutory, including, but not limited to all contentany warranties or conditions of fitness for a purpose, merchandise and services available through the Website. 6.4. THE TOKENS MAY HAVE NO VALUE. THE USER MAY LOSE ALL AMOUNTS PAID. Any and all purchases lack of the Tokens are final and non-refundable. By purchasing the Tokensviruses, the User acknowledges that neither Website Owner nor accuracy or completeness of any other of its affiliates are required information, or correspondence to provide a refund for any reasondescription, and that the User will not receive money or other compensation for any Tokens that are not used or remains unused for any reason. 6.5as regards our Services. The User expressly acknowledges, understands and agrees that the User is purchasing the Tokens at the User’s sole risk and that the Tokens are provided, used and acquired on an “AS IS” and on an “AS AVAILABLE” basis without representations, warranties, promises or guarantees whatsoever Company shall immediately inform you in case of any kind by claims or actions brought against the Company and the User shall rely on its own examination and investigation thereof. 6.6. The Tokens have no rights, uses, purpose, attributes, functionalities or features, express or implied, outside the Etalonium project ecosystem. The User understands and agrees that the Tokens are designed only to be utilized with the Etalonium project ecosystem. 6.7. You should review and agree to all disclaimer provisions regarding the Tokens in Our Token Purchase Agreement (available at xxxxx://xxx.xxxxxxxxx.xx/img/documents/ tpa_etalonium_tok.pdf).concerning:

Appears in 1 contract

Samples: Terms of Use

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