Common use of No Warranty; Limitation of Liability Clause in Contracts

No Warranty; Limitation of Liability. FireText reserves the right to modify, suspend, or discontinue the offering of any of the FireText Sites or Services at any time for any reason without prior notice. Further, while FireText utilises electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the FireText Sites or Services. FireText submits all messages via encrypted channels to the downstream messaging providers. You acknowledge that messages may be transmitted unencrypted by a downstream messaging provider and that eavesdropping of communications by third parties may be possible. FireText recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method. FireText makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. FireText will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in FireText offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service. Notwithstanding anything contained herein to the contrary, the FireText sites and services are provided “as is” and “as available,” without any warranties or conditions whatsoever, expressed or implied. Notwithstanding the foregoing or any statement to the contrary contained in these terms, FireText does not warrant that the use of the FireText sites or services will be uninterrupted or error free, including, but not limited to any interruptions to the services caused by the intentional and/or malicious acts of third parties (E.G., “Hacking”) nor shall FireText be responsible for any data loss or loss of any information in your account, regardless of the cause. Furthermore, FireText makes no representations or warranties as to the results that may be obtained from use of the services or that the FireText sites or services will meet any of your specific requirements other than as may be expressly set forth in these terms. FireText makes no representations or warranties and hereby disclaims all other representations and warranties of any kind, whether express, statutory or implied, oral or written, with respect to the services, including without limitation all implied warranties of merchantability or fitness for a particular purpose, accuracy, reliability, completeness, or timeliness of the material, service, software, text, graphics or links, and all warranties implied from any course of dealing, course of performance or usage of trade. FireText shall not be liable to you or to any third party for any indirect, incidental, special or consequential damages (including, without limitation, any damages arising from loss of use or lost business, loss of opportunity, loss of revenue, loss of actual or anticipated profits, loss of damage to or corruption of data or loss of goodwill), or for any cost of procurement of substitute services arising in connection with these terms, whether in an action in contract, tort, strict liability or negligence, or other actions, even if advised of the possibility of such damages. If your use of the FireText sites or services results in the need for servicing or replacing equipment, software, or data, FireText is not responsible for those costs. FireText’s total liability arising out of your use of the FireText sites or services for direct damages shall not, in the aggregate, exceed an amount equal to the monthly transaction fee paid by you to FireText hereunder.

No Warranty; Limitation of Liability. FireText reserves You agree that The Program, its subsidiaries and affiliates, and each of its officers, directors and employees, along with the right to modify, suspend, or discontinue the offering of any provider/host/administrator of the FireText Sites Site/Program ("The Program Parties") are not responsible or Services at any time liable for any reason without prior noticebenefits, goods or services provided by participating vendors. FurtherIf you have any claims relating to such benefits, while FireText utilises electronic goods or services provided by a participating vendor, you agree to make your claim against the vendor providing the benefit, good or service. You will not consider us (and physical security we will not be construed as) a party to reduce the risk such transactions, whether or not we may have received some form of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer revenue or other property by your use of the FireText Sites or Services. FireText submits all messages via encrypted channels to the downstream messaging providers. You acknowledge that messages may be transmitted unencrypted by a downstream messaging provider remuneration in connection with such transactions, and that eavesdropping of communications by third parties may be possible. FireText recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method. FireText makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. FireText we will not be liable for any act costs or omission of damages arising out of, either directly or indirectly, you or any other company person involved or companies furnishing a portion related to the transactions. We assume no responsibility for the payment of, or contribution to, any use or sales tax on the benefits, which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain your sole responsibility or that of the Services (includingprovider of the benefits, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in FireText offerings made to you, or for equipment that it does not furnish, or for damages that result from as the operation of customer-case may be. This Site/Program is provided systems, equipment, facilities or services that are interconnected with the Service. Notwithstanding anything contained herein to the contrary, the FireText sites and services are provided “on an "as is” " and “"as available,” without any " basis with no warranties or conditions whatsoever. WE MAKE NO WARRANTIES, expressed or impliedEXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO USE OF THIS SITE/PROGRAM OR ANY OF THE BENEFITS, PRODUCTS OR SERVICES OR RELATED INFORMATION PROVIDED TO YOU FROM THE PROGRAM OR FROM OUR PARTICIPATING VENDORS. Notwithstanding the foregoing or any statement to the contrary contained in these termsTHE PROGRAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BENEFITS, FireText does not warrant that the use of the FireText sites or services will be uninterrupted or error freePRODUCTS, includingSERVICES AND MATERIALS FROM THIS SITE/PROGRAM OR THE PARTICIPATING VENDORS IN TERMS OF THEIR CORRECTNESS, but not limited to any interruptions to the services caused by the intentional and/or malicious acts of third parties (E.G.ACCURACY, “Hacking”) nor shall FireText be responsible for any data loss or loss of any information in your accountRELIABILITY, regardless of the causeOR OTHERWISE. FurthermoreFURTHER, FireText makes no representations or warranties as to the results that may be obtained from use of the services or that the FireText sites or services will meet any of your specific requirements other than as may be expressly set forth in these termsPLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THIS SITE/PROGRAM OR OUR PARTICIPATING VENDORS SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. FireText makes no representations or warranties and hereby disclaims all other representations and warranties of any kindUNDER NO CIRCUMSTANCES SHALL OUR LIABILITY EXCEED YOUR CURRENT ACCOUNT FEE, whether expressAND UNDER NO CIRCUMSTANCES, statutory or impliedINCLUDING NEGLIGENCE, oral or writtenSHALL WE BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, with respect to the servicesINCLUDING, including without limitation all implied warranties of merchantability or fitness for a particular purposeWITHOUT LIMITATION, accuracyDIRECT, reliabilityINDIRECT, completenessINCIDENTAL, or timeliness of the materialSPECIAL, serviceEXEMPLARY, softwarePUNITIVE, textTHIRD PARTY OR CONSEQUENTIAL, graphics or linksEVEN IF THE PROGRAM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, and all warranties implied from any course of dealingSO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE PROGRAM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, course of performance or usage of tradeRELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE/PROGRAM. FireText shall not be liable to you or to any third party for any indirectTHE PROGRAM DOES NOT WARRANT THAT THE SITE/PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE/PROGRAM WILL BE UNINTERRUPTED AND ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE/PROGRAM, incidentalAND ANY PRODUCTS YOU MAY GET FROM THE SITE/PROGRAM, special or consequential damages (includingAT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE/PROGRAM. YOU UNDERSTAND THAT THE PROGRAM AND THE SITE/PROGRAM ARE NOT THE PRODUCERS, without limitationFORMULATORS, any damages arising from loss of use or lost businessBOTTLERS, loss of opportunityLABELERS, loss of revenueOR FULFILLERS OF ANY PRODUCT YOU MAY ORDER THROUGH THE SITE/PROGRAM AND, loss of actual or anticipated profitsAS SUCH, loss of damage to or corruption of data or loss of goodwill)HAVE NO LIABILITY TO YOU WITH REGARD TO SAID PRODUCTS, or for any cost of procurement of substitute services arising in connection with these terms, whether in an action in contract, tort, strict liability or negligence, or other actions, even if advised of the possibility of such damages. If your use of the FireText sites or services results in the need for servicing or replacing equipment, software, or data, FireText is not responsible for those costs. FireText’s total liability arising out of your use of the FireText sites or services for direct damages shall not, in the aggregate, exceed an amount equal to the monthly transaction fee paid by you to FireText hereunderOTHER THAN TO INSURE THAT THEY ARE DELIVERED TO YOU PURSUANT TO YOUR ORDER AND VALID PAYMENT.

No Warranty; Limitation of Liability. FireText Contact reserves the right to modify, suspend, or discontinue the offering of any of the FireText Contact Sites or Services at any time for any reason without prior notice. Further, while FireText utilises Contact utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the FireText Contact Sites or Services. FireText submits all messages via encrypted channels to the downstream messaging providers. You acknowledge that text messages may be from the a carriers cell site to the end users device are transmitted unencrypted by a downstream messaging provider and that eavesdropping of communications by third parties may be is possible. FireText recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method. FireText Contact shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. FireText Contact will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in FireText Contact offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service. Notwithstanding anything contained herein to the contraryNOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, the FireText sites and services are provided THE CONTACT SITES AND SERVICES ARE PROVIDED “as isAS IS” and AND “as availableAS AVAILABLE,” without any warranties or conditions whatsoeverWITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, expressed or impliedEXPRESSED OR IMPLIED. Notwithstanding the foregoing or any statement to the contrary contained in these termsNOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, FireText does not warrant that the use of the FireText sites or services will be uninterrupted or error freeCONTACT DOES NOT WARRANT THAT THE USE OF THE CONTACT SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, includingINCLUDING, but not limited to any interruptions to the services caused by the intentional and/or malicious acts of third parties BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HackingHACKING”) nor shall FireText be responsible for any data loss or loss of any information in your accountNOR SHALL CONTACT BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, regardless of the causeREGARDLESS OF THE CAUSE. FurthermoreFURTHERMORE, FireText makes no representations or warranties as to the results that may be obtained from use of the services or that the FireText sites or services will meet any of your specific requirements other than as may be expressly set forth in these termsCONTACT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE CONTACT SITES OR SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. FireText makes no representations or warranties and hereby disclaims all other representations and warranties of any kindCONTACT MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, whether expressWHETHER EXPRESS, statutory or impliedSTATUTORY OR IMPLIED, oral or writtenORAL OR WRITTEN, with respect to the servicesWITH RESPECT TO THE SERVICES, including without limitation all implied warranties of merchantability or fitness for a particular purposeINCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, accuracyACCURACY, reliabilityRELIABILITY, completenessCOMPLETENESS, or timeliness of the materialOR TIMELINESS OF THE MATERIAL, serviceSERVICE, softwareSOFTWARE, textTEXT, graphics or linksGRAPHICS OR LINKS, and all warranties implied from any course of dealingAND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, course of performance or usage of tradeCOURSE OF PERFORMANCE OR USAGE OF TRADE. FireText shall not be liable to you or to any third party for any indirectCONTACT SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, incidentalINCIDENTAL, special or consequential damages SPECIAL OR CONSEQUENTIAL DAMAGES (includingINCLUDING, without limitationWITHOUT LIMITATION, any damages arising from loss of use or lost businessANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, loss of opportunityLOSS OF OPPORTUNITY, loss of revenueLOSS OF REVENUE, loss of actual or anticipated profitsLOSS OF ACTUAL OR ANTICIPATED PROFITS, loss of damage to or corruption of data or loss of goodwillLOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), or for any cost of procurement of substitute services arising in connection with these termsOR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, whether in an action in contractWHETHER IN AN ACTION IN CONTRACT, tortTORT, strict liability or negligenceSTRICT LIABILITY OR NEGLIGENCE, or other actionsOR OTHER ACTIONS, even if advised of the possibility of such damagesEVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If your use of the FireText sites or services results in the need for servicing or replacing equipmentIF YOUR USE OF THE CONTACT SITES OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, softwareSOFTWARE, or dataOR DATA, FireText is not responsible for those costsCONTACT IS NOT RESPONSIBLE FOR THOSE COSTS. FireText’s total liability arising out of your use of the FireText sites or services for direct damages shall notCONTACT'S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE CONTACT SITES OR SERVICES FOR DIRECT DAMAGES SHALL NOT, in the aggregateIN THE AGGREGATE, exceed an amount equal to the monthly transaction fee paid by you to FireText hereunderEXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO CONTACT HEREUNDER.

No Warranty; Limitation of Liability. FireText Firetext reserves the right to modify, suspend, or discontinue the offering of any of the FireText Firetext Sites or Services at any time for any reason without prior notice. Further, while FireText utilises Firetext utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the FireText Firetext Sites or Services. FireText submits all messages via encrypted channels to the downstream messaging providers. You acknowledge that text messages may be are transmitted unencrypted by a downstream messaging provider and that eavesdropping of communications by third parties may be is possible. FireText Firetext recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method. FireText Firetext makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. FireText Firetext will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in FireText Firetext offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service. Notwithstanding anything contained herein to the contrary, the FireText Firetext sites and services are provided “as is” and “as available,” without any warranties or conditions whatsoever, expressed or implied. Notwithstanding the foregoing or any statement to the contrary contained in these terms, FireText Firetext does not warrant that the use of the FireText Firetext sites or services will be uninterrupted or error free, including, but not limited to any interruptions to the services caused by the intentional and/or malicious acts of third parties (E.G., “Hacking”) nor shall FireText Firetext be responsible for any data loss or loss of any information in your account, regardless of the cause. Furthermore, FireText Firetext makes no representations or warranties as to the results that may be obtained from use of the services or that the FireText Firetext sites or services will meet any of your specific requirements other than as may be expressly set forth in these terms. FireText Firetext makes no representations or warranties and hereby disclaims all other representations and warranties of any kind, whether express, statutory or implied, oral or written, with respect to the services, including without limitation all implied warranties of merchantability or fitness for a particular purpose, accuracy, reliability, completeness, or timeliness of the material, service, software, text, graphics or links, and all warranties implied from any course of dealing, course of performance or usage of trade. FireText Firetext shall not be liable to you or to any third party for any indirect, incidental, special or consequential damages (including, without limitation, any damages arising from loss of use or lost business, loss of opportunity, loss of revenue, loss of actual or anticipated profits, loss of damage to or corruption of data or loss of goodwill), or for any cost of procurement of substitute services arising in connection with these terms, whether in an action in contract, tort, strict liability or negligence, or other actions, even if advised of the possibility of such damages. If your use of the FireText Firetext sites or services results in the need for servicing or replacing equipment, software, or data, FireText Firetext is not responsible for those costs. FireTextFiretext’s total liability arising out of your use of the FireText Firetext sites or services for direct damages shall not, in the aggregate, exceed an amount equal to the monthly transaction fee paid by you to FireText firetext hereunder.

No Warranty; Limitation of Liability. FireText Six Hats reserves the right to modify, suspend, or discontinue the offering of any of the FireText Sites Six Hats site or Services at any time for any reason without prior notice. Further, while FireText utilises Six Hats utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-third party interception in transit, nor for any damage which may result to your computer or other property by your use of the FireText Sites Six Hats site or Services. FireText submits all messages via encrypted channels to the downstream messaging providers. You acknowledge that text messages may be are transmitted unencrypted by a downstream messaging provider and that eavesdropping of communications by third parties may be is possible. FireText Six Hats recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method. FireText Six Hats shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. FireText Six Hats will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in FireText Six Hats offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-customer provided systems, equipment, facilities or services that are interconnected with the Service. Notwithstanding anything contained herein to the contraryNOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, the FireText sites and services are provided THE SIX HATS SITE AND SERVICES ARE PROVIDED “as isAS IS” and AND “as availableAS AVAILABLE,” without any warranties or conditions whatsoeverWITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, expressed or impliedEXPRESSED OR IMPLIED. Notwithstanding the foregoing or any statement to the contrary contained in these termsNOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, FireText does not warrant that the use of the FireText sites or services will be uninterrupted or error freeSIX HATS DOES NOT WARRANT THAT THE USE OF THE SIX HATS SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, includingINCLUDING, but not limited to any interruptions to the services caused by the intentional and/or malicious acts of third parties BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HackingHACKING”) nor shall FireText be responsible for any data loss or loss of any information in your accountNOR SHALL SIX HATS BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, regardless of the causeREGARDLESS OF THE CAUSE. FurthermoreFURTHERMORE, FireText makes no representations or warranties as to the results that may be obtained from use of the services or that the FireText sites or services will meet any of your specific requirements other than as may be expressly set forth in these termsSIX HATS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE SIX HATS SITE OR SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. FireText makes no representations or warranties and hereby disclaims all other representations and warranties of any kindSIX HATS MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, whether expressWHETHER EXPRESS, statutory or impliedSTATUTORY OR IMPLIED, oral or writtenORAL OR WRITTEN, with respect to the servicesWITH RESPECT TO THE SERVICES, including without limitation all implied warranties of merchantability or fitness for a particular purposeINCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, accuracyACCURACY, reliabilityRELIABILITY, completenessCOMPLETENESS, or timeliness of the materialOR TIMELINESS OF THE MATERIAL, serviceSERVICE, softwareSOFTWARE, textTEXT, graphics or linksGRAPHICS OR LINKS, and all warranties implied from any course of dealingAND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, course of performance or usage of tradeCOURSE OF PERFORMANCE OR USAGE OF TRADE. FireText shall not be liable to you or to any third party for any indirectSIX HATS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, incidentalINCIDENTAL, special or consequential damages SPECIAL OR CONSEQUENTIAL DAMAGES (includingINCLUDING, without limitationWITHOUT LIMITATION, any damages arising from loss of use or lost businessANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, loss of opportunityLOSS OF OPPORTUNITY, loss of revenueLOSS OF REVENUE, loss of actual or anticipated profitsLOSS OF ACTUAL OR ANTICIPATED PROFITS, loss of damage to or corruption of data or loss of goodwillLOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), or for any cost of procurement of substitute services arising in connection with these termsOR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, whether in an action in contractWHETHER IN AN ACTION IN CONTRACT, tortTORT, strict liability or negligenceSTRICT LIABILITY OR NEGLIGENCE, or other actionsOR OTHER ACTIONS, even if advised of the possibility of such damagesEVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If your use of the FireText sites or services results in the need for servicing or replacing equipmentIF YOUR USE OF THE SIX HATS SITE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, softwareSOFTWARE, or dataOR DATA, FireText is not responsible for those costsSIX HATS IS NOT RESPONSIBLE FOR THOSE COSTS. FireText’s total liability arising out of your use of the FireText sites or services for direct damages shall notSIX HATS’S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE SIX HATS SITE OR SERVICES FOR DIRECT DAMAGES SHALL NOT, in the aggregateIN THE AGGREGATE, exceed an amount equal to the monthly transaction fee paid by you to FireText hereunderEXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO SIX HATS HEREUNDER.

No Warranty; Limitation of Liability. FireText reserves the right to modifyDEVIANTART PROVIDES THE PRINT PROGRAM ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. DEVIANTART AND ITS THIRD PARTY VENDORS WILL NOT BE LIABLE FOR ANY INDIRECT, suspendINCIDENTAL, or discontinue the offering of any of the FireText Sites or Services at any time for any reason without prior noticeOR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRINT PROGRAM, EVEN IF DEVIANTART HAS BEEN ADVISED OF (OR KNEW OR SHOULD KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES. FurtherIN NO EVENT WILL DEVIANTART’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY A THIRD PARTY PURCHASER TO DEVIANTART FOR YOUR ARTWORKS. This Agreement, while FireText utilises electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the FireText Sites or Services. FireText submits all messages via encrypted channels to the downstream messaging providers. You acknowledge that messages may be transmitted unencrypted by a downstream messaging provider and that eavesdropping of communications by third parties may be possible. FireText recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method. FireText makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. FireText will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in FireText offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected together with the Service. Notwithstanding anything contained herein to Terms of Service and the contrary, Submission Policy are the FireText sites entire understanding and services are provided “as is” agreement between you and “as available,” without any warranties or conditions whatsoever, expressed or implied. Notwithstanding the foregoing or any statement to the contrary contained in these terms, FireText does not warrant that the use of the FireText sites or services will be uninterrupted or error free, including, but not limited to any interruptions to the services caused by the intentional and/or malicious acts of third parties (E.G., “Hacking”) nor shall FireText be responsible for any data loss or loss of any information in your account, regardless of the cause. Furthermore, FireText makes no representations or warranties deviantART as to the results that may be obtained from use subject matter of this Agreement and supersedes all prior proposals, discussions or agreements (oral and written) with respect to this subject matter. The terms of this Agreement are in addition to and supplement the services or that provisions contained in the FireText sites or services Terms of Service and the Submission Policy. In the event of a conflict among the provisions contained in the Terms of Service, the Submission Policy and this Agreement, the provisions of this Agreement will meet any of your specific requirements other than as may be expressly set forth in these terms. FireText makes no representations or warranties and hereby disclaims all other representations and warranties of any kind, whether express, statutory or implied, oral or written, control with respect to the servicesPrint Program. DeviantART's failure to enforce any right or provision in this Agreement will not be a waiver of that right or provision. If a court should find that one or more provisions contained in this Agreement is invalid, including without limitation all implied warranties of merchantability or fitness for a particular purpose, accuracy, reliability, completeness, or timeliness you agree that the remainder of the materialAgreement will still be enforceable. DeviantART has the right to assign its rights and/or delegate its obligations under this Agreement, servicein whole or in part, software, text, graphics or links, and all warranties implied from any course of dealing, course of performance or usage of trade. FireText shall not be liable to you or to any third party for any indirect, incidental, special person or consequential damages (including, business entity. You may not assign your rights or delegate your obligations under this Agreement without limitation, any damages arising from loss the prior written consent of use or lost business, loss of opportunity, loss of revenue, loss of actual or anticipated profits, loss of damage deviantART. This Agreement is governed by and is to or corruption of data or loss of goodwill), or for any cost of procurement of substitute services arising be construed in connection accordance with these terms, whether in an action in contract, tort, strict liability or negligence, or other actions, even if advised the laws of the possibility State of such damages. If your use of the FireText sites or services results in the need for servicing or replacing equipment, software, or data, FireText is not responsible for those costs. FireText’s total liability arising out of your use of the FireText sites or services for direct damages shall not, in the aggregate, exceed an amount equal to the monthly transaction fee paid by you to FireText hereunderCalifornia.