USE OF THIS SITE AND THE SERVICES, PRODUCTS AND INFORMATION ON THIS SITE ARE AT YOUR SOLE RISK. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR THE RELIABILITY OF ANY SERVICES, PRODUCTS OR INFORMATION ON THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH SERVICES, PRODUCTS AND INFORMATION SHALL BE AT YOUR SOLE RISK. THIS SITE AND THE SERVICES, PRODUCTS AND INFORMATION ON THIS SITE ARE PROVIDED “AS AVAILABLE” AND “AS IS” WITHOUT ANY
REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE). SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. OTHERWISE, THIS PARAGRAPH IS INTENDED TO BE APPLICABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Limitation of Liabilities.
YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES), EVEN IF YOU OR WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, DIRECTLY OR INDIRECTLY RESULTING FROM, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH: (1) YOUR USE OR INABILITY TO USE THIS SITE OR THE INFORMATION, PRODUCTS OR SERVICES ON THIS SITE; (2) ANY STATEMENT OR
CONDUCT OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY CONTENT); OR (3) ANY OTHER MATTER RELATED TO THIS SITE OR THE INFORMATION, PRODUCTS OR SERVICES ON THIS SITE. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. OTHERWISE, THIS PARAGRAPH IS INTENDED TO BE APPLICABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Events Beyond Control.
Under no circumstances shall we be held liable for any delay or failure in this site and the services, products and information on this site directly or indirectly resulting from, arising out of, relating to or in connection with events beyond our reasonable control, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of liabilities paragraph of these terms.
You agree to indemnify and hold harmless us, our affiliates and their respective directors, officers, employees, independent contractors, agents and other representatives for, from and against any losses, liabilities, suits, claims, costs, damages and expenses (including, without limitation, reasonable attorneys’ fees and expenses) directly or indirectly resulting from, arising out of, relating to or in connection with your violation of these terms or your use of this site and the services, products and information on this site. This paragraph is intended to be applicable to the maximum extent allowed by law.
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of these terms, in whole or in part, at any time, which shall be effective when notice of such is posted on this site. Your continued use of this site after such posting shall be considered acceptance of those changes, modifications, additions or removals. These terms constitute the entire agreement between you and us in connection with your use of this site and the information, products and services provided on this site, except for any additional terms and conditions for which you will be notified or prompted by this site that you are agreeing to before proceeding. Any cause of action you may have with respect to your use of this site or the information, products and services provided on this site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms to be unenforceable, then such provision shall be enforced to the maximum extent permissible by law so as to effect the intent of these terms and the remainder of these terms shall continue in full force and effect. In the event of any termination of these terms, then the proprietary rights, no medical advice, disclaimers, limitation of liabilities, events beyond control and indemnification paragraphs set forth above and this paragraph shall survive indefinitely. This site is controlled, operated and administered by us from our offices in Tacoma, Washington, county of Pierce, United States of America. As such, these terms shall be governed by the laws of the State of California without giving effect to its conflict of laws principles, and you agree that all actions or proceedings instituted by you resulting from, arising out of, relating to or in connection with use of this site, the information, products and services provided on this site or these terms shall be tried and litigated exclusively in the State and Federal courts located in San Diego County, California, United States of America. Using this site shall constitute effective execution and delivery of these terms by you.