|
18.
Disclaimers and Limitations of Liability.
Your use of the Site and all material on the Site is at your
own risk. Lipman disclaims all liability in connection with
your use of the Site.
Lipman is under no obligation to verify the identity of users
of the Site. Further, Lipman does not warrant or represent
that (a) the Site will be compatible with your computer and
related equipment or software, (b) the Site will be available
at all times for use or that it will operate error free or
without interruption, (c) the Site will meet your requirements,
(d) the information in the site will be timely, accurate,
complete, or sequential, (e) certain results may be obtained
or derived through use of the Site, or (f) the use of the
Site, including the browsing of it or downloading of any information,
will be free of viruses, trojan horses, worms, or other destructive
or disruptive components. Without limiting the foregoing,
and in addition to all other disclaimers and limitations of
liability identified in this Agreement, You acknowledge and
agree that ALL SITE CONTENT IS PROVIDED "AS-IS,"
AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE). THE SITE CONTENT, MAY CONTAIN
BUGS, VIRUSES, ERRORS, PROBLEMS, INTELLECTUAL PROPERTY VIOLATIONS,
OR OTHER LIMITATIONS. WE AND OUR AFFILIATES, INCLUDING ALL
CONTENT PROVIDERS AND MERCHANTS, EXPRESSLY DISCLAIM AND SHALL
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR OTHER SITE CONTENT PROVIDED ON THE SITE. MOREOVER, NO REPRESENTATIONS,
WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY,
RECENCY, COMPLETENESS, ADEQUACY, RELIABILITY, SUITABILITY
OR APPLICABILITY OF ANY SITE CONTENT TO A PARTICULAR SITUATION,
OR AS TO THAT OF ANY THIRD PARTY WEB SITE. WE EXPRESSLY DISCLAIM
ANY AND ALL LIABILITY IN CONNECTION WITH YOUR USE OF ANY SITE
CONTENT, OF THIS SITE, OR THE ACCESS OR USE BY YOU OF ANY
LINKED THIRD PARTY SITE, INCLUDING BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATES ARE NOT LIABLE FOR LOSS OF
DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS,
SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK
OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS
CAUSED BY LIPMAN, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS,
ITS LICENSORS’ OR A USER'S OWN ERRORS AND/OR OMISSIONS.
LIPMAN ALSO DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT
CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH ANY SITE
WILL BE MAINTAINED. LIPMAN ACCORDINGLY ALSO DISCLAIMS ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE
AND THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS
AND ARE INTENDED FOR INFORMATIONAL USE ONLY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN
WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU
19. Termination. We may terminate or suspend your
access to or use of all or part of the Site at any time for
any reason, with or without cause. You are responsible for
all charges incurred up to the time the account is deactivated.
20. Miscellaneous. (a) This Agreement shall be treated as
though it were executed and performed in and shall be governed
by and construed in accordance with the laws of the State
of New York (without regard to conflict of law principles).
(b) Any cause of action by You with respect to the Site or
any Site Content or Site services must be instituted within
six (6) months after the cause of action arose or shall be
forever waived and barred. All actions shall be subject to
the limitations set forth in Section 19 and as otherwise identified
in this Agreement. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or
against either party. All actions shall be brought in the
appropriate state or federal court located in New York, New
York. You expressly submit to the exclusive jurisdiction of
said courts and consent to extra-territorial service of process.
(c) Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable
law and the remaining portions shall remain in full force
and effect, and a court of competent jurisdiction shall have
the right to reform the invalid or unlawful portions of this
Agreement to make them valid and enforceable. (d) To the extent
that anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement shall
take precedence. (e) Our failure to enforce any provision
of this Agreement shall not be deemed a waiver of such provision
nor of the right to enforce such provision. (f) We are not
Your agent, fiduciary, trustee or other representative. Nothing
expressed or mentioned in or implied from this Agreement is
intended or shall be construed to give to any person other
than the parties hereto any legal or equitable right, remedy
or claim under or in respect to this Agreement. This Agreement
and all of the representations, warranties, covenants, conditions
and provisions hereof are intended to be and are for Our sole
and exclusive benefit. (g) Our failure to enforce the strict
performance of any provision of this Agreement will not constitute
a waiver of Our right to subsequently enforce such provision
or any other provisions of this Agreement. (h) This Agreement
constitutes the entire and only agreement between Us and You
regarding its subject matter, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, goods
and services provided by or through the Site, payment for
such goods and services, and the subject matter of this Agreement.
|
