ASSOCIATED WITH COMPANY REPRESENTS
OR WARRANTS THAT THE SERVICES,
THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES
WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTE
D, THAT DEFECTS
WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT
THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES
WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
THE FOREGOING DOES
NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES
(INCLUDING ATTORNEYS' FEES AND ALL RELATED
COSTS AND EXPENSES OF
LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR
NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF
IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY
CLAIM FOR PERSONAL INJURY OR PROPERTY
DAMAGE, ARISING FROM THIS
AGREEMENT AND ANY VIOLATION BY YOU OF ANY
FEDERAL, STATE, OR LOCAL
LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF
COMPANY HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT
PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT
WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES,
AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
TAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to Service
prior notice or liability, under our sole discretion, for any reason
whatsoever and without
limitation, including but not limited to a breach of Terms.
If you wish to terminate you
r account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive
termination, including, without limitation,
ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the
laws of New
York without regard to its conflict of law provisions.