Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND IN NO EVENT SHALL THE COMPANY OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES OF ANY KIND WHATSOEVER WHETHER FOR LOST PROFITS, INCOME OR DATA, OR ANY GENERAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS WEBSITE, SERVICE OR TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THIS WEBSITE OR SERVICE, WHETHER ARISING IN CONTRACT, NEGLIGENCE OR OTHER TORT THEORY EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR IN RELIANCE ON THE WEBSITE OR SERVICE, FROM INABILITY TO USE THE WEBSITE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR SERVICE. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS OR RESOURCES DISPLAYED THROUGH THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS OR RESOURCES PROVIDED ON THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS WEBSITE AND SERVICE, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT INCLUDING ANY ASSOCIATED HARDWARE OR SOFTWARE AND THE CONTENT OR OPERATION OF EITHER, AND FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES.  SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE AND SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE OR SERVICE.  SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE, SERVERS, OR E-MAIL SENT FROM THIS WEBSITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS.  THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE AND SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE WEBSITE OR SERVICE WILL BE CORRECTED.  THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE WEBSITE AND SERVICE WHETHER DUE TO TELECOMMUNICATIONS OR INTERNET FAILURES OR OTHERWISE.

We reserve the right not to be responsible for the topics, correctness, completeness or quality of the information provided on this website. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. All offers made now or in the future are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement. We are not responsible for any content posted and published by users, such as comments, articles, news and stories.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION OR STATEMENT MADE.

THE PRECEDING WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL SURVIVE THE FAILURE OF ANY EXCLUSIVE REMEDY.  UNDER NO CIRCUMSTANCES WHATSOEVER, INCLUDING IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, SHALL THE AGGREGATE LIABILITY OF THE COMPANY ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WEBSITE OR SERVICE, EVEN UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, SHALL NOT EXCEED EITHER THE PRICE PAID FOR YOUR ACCOUNT OR ONE DOLLAR ($1.00), WHICHEVER IS LESS.

THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES.  IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTEND PERMITTED BY LAW.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING FROM, OR RELATED TO, DIRECTLY OR INDIRECTLY ANY BREACH BY YOU OF ANY OF THE TERMS AND CONDITIONS OF THE AGREEMENT OR APPLICABLE LAW, OR YOUR CONDUCT INCLUDING ANY ALLEGED VIOLATION OF ANY RIGHTS OF ANOTHER INCLUDING BUT NOT LIMITED TO YOUR USE OF CONTENT, TRADMARKS, SERVICE MARKS, TRADE NAMES, COPYRIGHTED OR PATENTED MATERIAL, OR OTHER INTELLECTUAL PROPERTY USED IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICE.  THE COMPANY RESERVES THE RIGHT, BUT NOT THE OBLIGATION, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, BUT BY DOING SO SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

The laws of the State of New York, including its choice of law principles, govern all matters and transactions arising from, or related to, this website and service, including your access and use thereof.

You expressly agree and consent that the venue for any claim or dispute would be proper only in a federal, state or municipal court that is situated in the County of New York, State of New York.

You further agree and expressly consent to the exercise of personal jurisdiction in the State of New York in connection with any dispute or claim involving you and the Company or any of its employees, directors, officers, agents and representatives.