Terms of Use

  

General Disclaimer

Web site and information. The Web Site and any information or software contained or referred to therein, and throughout these terms and conditions this means to include without limitation all names, facts, figures, procedures, images, graphics and any other type of content whatsoever, is provided "AS IS", "WITH ALL FAULTS" and on an "AS AVAILABLE" basis without any representations or warranties of any kind, whether express or implied by law, to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, merchantability, non-infringement, compatibility, security, effectiveness, reliability, timeliness, accuracy and completeness, and without any obligation on our part, whether express or implied, to ensure that the Web Site and any such information or software contained or referred therein meet any expectation or requirements whatsoever.

Results. We do not make any representation or warranty, whether express or implied by law, to the extent permitted by law, that the results that may be obtained from the use of the Web Site and any information or software contained or referred to therein will be of satisfactory quality, fit for a particular purpose, merchantable, non-infringing, compatible, secure, timely, accurate or complete.

Access and security. We do not represent or warrant, and hereby disclaim any representations or warranties, whether express or implied by law, to the extent permitted by law, that the provision of and access to the Web Site and any information or software contained or referred to therein will be accessible, uninterrupted or error-free, that defects will be corrected, or that the Web Site or the server that makes it available are free of viruses or other harmful components, or that you have the ability to transmit and receive information from or through the Web Site.

Liability. THE INFORMATION PROVIDED HEREIN IS TO BE USED ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL WE OR OUR PRINCIPALS, OWNERS, OFFICERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS, INJURY OR DAMAGE OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL OR INJURY TO REPUTATION AND LOSSES SUFFERED BY THIRD PARTIES), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE PROVISION OF OR ANY ACCESS TO, USE OF OR PARTICIPATION IN THE WEB SITE AND ANY INFORMATION OR SOFTWARE CONTAINED OR REFERRED TO THEREIN, OR ANY COPYING, DISPLAY OR OTHER USE THEREOF OR THE SUBMISSION OR CONTRIBUTION BY YOU OF ANY INFORMATION TO US OR THE WEB SITE, IRRESPECTIVE OF WHETHER SUCH LOSS, INJURY OR DAMAGE WAS FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND SOLELY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY ON OUR PART. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR ACCESS TO, USE OF AND/OR PARTICIPATION IN THE WEB SITE AND ANY INFORMATION OR SOFTWARE CONTAINED OR REFERRED TO THEREIN. YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL ANY LIABILITY ON OUR PART EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR ACCESS TO, USE OF OR PARTICIPATION IN THE WEB SITE AND ANY INFORMATION OR SOFTWARE CONTAINED OR REFERRED TO THEREIN OR AN AMOUNT OF €1 (ONE EURO), WHICHEVER IS THE LOWER.

Indemnification. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our principals, owners, officers, managers, employees, representatives, contractors or agents from any and all liabilities, losses, claims and expenses, including attorney's fees that arise from your use or misuse of the Web Site or any information or software contained or referred to therein or your violation of these terms and conditions, without any obligation on our part to follow any instructions, directions or suggestions made by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.