Term of Service
Permitted Use of the Site; Content
Company makes no warranties, express or implied, with regard to the Site, their operation, or your use of the Site, including but not limited to warranties of merchantability or fitness for a particular purpose. Company makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site or other services that you may access via the Site, the Internet, or other technology utilized to present, access or utilize the Site, nor does it warrant that the Site shall be free of computer viruses or other malicious content. Company reserves the right to modify, suspend or discontinue the offering of the Site at any time for any reason without prior notice. Further, while Company utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site.
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS OR THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS OR THE SITE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO COMPANY IN CONNECTION WITH THE SITE.
Company may provide links to third party Web Site or services from the Site. Such links are provided for your convenience, and do not necessarily constitute an endorsement by Company of such Site or an affiliation between Company and the owners of such Site, nor shall Company be liable for the contents of such Site. Company will also not be liable for any errors in such links, or for any malfunction of such links.
Company may provide you with an opportunity to obtain software or other proprietary content owned by Company or a third party, such content may be subject to its own license agreement, in addition to these Terms.
By using this Site, you agree to indemnify and hold harmless Company, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys’ fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out any use by you, or an account or computer owned by you, or your provision of User Content to Company.
Governing Law; Forum
These Terms shall be governed by and interpreted in accordance with the laws of the State of Arizona, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site shall be the state and federal courts located in Phoenix, Arizona.
The provisions regarding ownership, disclaimers, indemnification, governing law and forum set forth above will survive any termination of these Terms. All notices to Company in connection with these Terms shall be provided in writing, and any notice will be deemed to be provided on the date it is received.