Disclaimer of warranties
The web site, including, without limitation, all services, content, functions and materials provided through the web site, are provided “as is,” “as available,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, playability, displayability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. We do not warrant that the web site or the services, content, functions or materials provided through the web site will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the web site or the provided services will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through the web site shall create any warranty not expressly made herein. We and our affiliates also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your equipment on account of your access to, use of, or browsing in the web site or your downloading of any materials, data, text, images, video content, or audio content from the web site. If you are dissatisfied with the web site, your sole remedy is to discontinue using the web site.
We try to ensure that the information posted on the web site is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on the web site at any time and without any prior warning. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on the web site, nor for any offensive, defamatory, obscene, indecent, unlawful or infringing posting made thereon by anyone other than our authorized employee spokespersons while acting in their official capacities (including, without limitation, other users of the web site). It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the web site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
Without limitation of the above in this section, we and our affiliates, suppliers and licensors make no warranties or representations regarding any products or services ordered or provided via the web site, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the web site or in correspondence with us or our agents. Any products and services ordered or provided via the web site are provided by us “as is,” except to the extent, if at all, otherwise set forth in a license or sale agreement separately entered into in writing between you and us or our licensor or supplier.
Limitation of Liability
In no event, including but not limited to negligence, shall we, our affiliates, or any of our directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the web site or the content, materials and functions related thereto, your provision of information via the web site, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the web site. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the web site exceed, in the aggregate, the amount, if any, paid by you to us for your use of the web site or purchase of products via the web site.