This application is provided on an "as is", "as available" basis. Neither company, nor its parent corporation, represents or warrants that the application will be available, accessible, uninterrupted, timely, secure, accurate, complete, entirely error-free or virus free nor does company make any warranty as to the results that may be obtained from the use of the application or as to the accuracy or reliability of any content or any information or products obtained through the application or that defects in the application will be corrected. You expressly acknowledge that this application and the services are computer network-based services, which may be subject to outages, interruptions, attacks by third parties and delay occurrences. In such an event and subject to the terms hereof, company shall use commercially reasonable efforts to remedy material interruptions and will provide adjustments, repairs and replacements, within its capacity, that are necessary to enable the application to perform their intended functions in a reasonable manner. You acknowledge that company does not warrant that such efforts will be successful. If company's efforts are not successful, you may terminate the applicable service agreement and cease using the application. The foregoing shall constitute your sole remedy, and company's sole liability, in the event of interruption, outage or other delay occurrences of the application. You waive and covenant not to assert any claims or allegations of any nature arising from or relating to your use of the application, including, without limitation, all claims and allegations relating to the alleged infringement of proprietary rights, the alleged inaccuracy of content, or allegations that company has or should indemnify, defend, or hold you harmless from any claim or allegation arising from your use, republication or other exploitation of the application. You use the application at your own risk and neither company nor the parties who provide information and materials for publication within the application will be liable for any damages arising from your use of this application. You understand and agree that any material or data downloaded or otherwise obtained through the use of the application or the services is done at your own discretion and risk and that user will be solely responsible for any damage to its computer system, loss of service or loss of data that results from the download or use of such material or data.
Except as expressly set forth in this section, company specifically disclaims all representations, warranties, and conditions whether express or implied, arising by statute, operation of law, usage of trade, course of dealing, or otherwise, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, or title with respect to the application or services, or other services or goods provided through this application. For the avoidance of doubt, you agree that company does not represent or warrant that the application will be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely error-free.
Coco soft inc expressly disclaims any liability or loss arising from or related to the application (however arising, including negligence), including without limitation, liability or loss associated with unauthorized access to any server, merchant interfaces, webapplications, facilities, or your data or your customer data (including credit card numbers and other personally identifiable information) due to accident, illegal or fraudulent means, including hacking, or devices used by any third party, or other causes beyond coco soft inc's reasonable control.you expressly agree that coco soft inc shall not be liable for any loss arising from infiltration of the application by means of software viruses, trojan horses, worms, time bombs, or any other software programs, or technology designed or intended to disrupt, damage, intercept or expropriate data from the application.
As a condition of use of the application, you agree that neither company, nor any officer, affiliate, director, shareholder, agent, contractor or employee of company will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the application. The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of company and its affiliates, parents, subsidiaries, contractors, subcontractors, officers, directors, shareholders, managers, employees, and agents, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.
EXCEPT AS OTHERWISE LIMITED, OUR LIABILITY AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES UNDER THESE TERMS SHALL BE LIMITED TO THE LESSER OF (A) THE AMOUNT YOU PAY US IN THE 30 DAYS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.
You agree to indemnify, defend and hold harmless Company, its parents, subsidiaries, affiliates, directors, officers, shareholders, agents, contractors and employees, from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to, arising from or out of: (a) your use of the Application; (b) your breach or alleged breach of any representation, warranty or other obligation; (c) your violation or alleged violation of any federal, state, international or local law and any and all regulations, rules or ordinances; (d) the negligence or willful misconduct by you or your employees or agents; (e) any violation of the Terms; (f) your infringement of any intellectual property or other legal right of any person or entity; or (g) your advertising, marketing, promotion, sale, or distribution of any products or services.
When you enroll to obtain a Service from the Company, you accept the specific terms and conditions applicable to that Service in accordance with the applicable Service Agreement. Except as provided in the Service Agreement, Company does not warrant that any service description or content contained in this Application is accurate, current, reliable, complete, or error-free.
Company may terminate access to the Application, with or without cause, at any time, and effective immediately. Termination shall be accompanied by a written or electronic notice to you. Company shall not be liable to you or any third party for termination. Should you object to any provision of the Terms or any subsequent modifications thereto, your only recourse is immediately to: (a) terminate use of the Application; and (b) notify Company of termination. Upon termination of access to the Application, your right to use the Application shall immediately cease.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. In the event of a conflict between the Terms and the applicable Service Agreement, the latter shall govern._
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