You warrant that you will not use the Website to conduct or engage in unlawful activities, to violate any law or regulation, or to violate or infringe upon the rights of ConData, or any third party, including without limitation, contractual rights, intellectual property rights, and privacy rights.
ConData may link to websites not owned or controlled by ConData or other Internet resources. ConData neither controls nor has reviewed or approved the content that appears on these sites and is not responsible for the legality, accuracy or appropriateness of any such content. You acknowledge and understand that ConData does not endorse or sponsor such other third-party websites or other Internet resources and ConData expressly and specifically disclaims any responsibility and liability for any content, software, functionality, services, or advertised products or services found on or related to any such third-party website or other internet resources.
Your participation, correspondence or business dealings with any third party found on or through ConData regarding payment and delivery of specific goods and services, privacy policies, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that ConData shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of such dealings.
YOU USE THE WEBSITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NO REPRESENTATION, WARRANTY OR UNDERTAKING IS GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT BY CONDATA AND NO LIABILITY IS ACCEPTED BY CONDATA FOR THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. THE INTERNET IS NOT A COMPLETELY RELIABLE TRANSMISSION MEDIUM, AND CONDATA SHALL NOT BE LIABLE FOR ANY DATA TRANSMISSION ERRORS SUCH AS DATA LOSS, DAMAGE OR ALTERATION OF ANY KIND.
IN NO EVENT WILL CONDATA, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE WEBSITE, OR ANY OTHER HYPERLINKED SITE INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR HANDLING SYSTEM OR OTHERWISE ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE OR THE INFORMATION, SOFTWARE, SERVICES OR CONTENT THEREOF, EVEN IF CONDATA, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, THROUGH THIS AGREEMENT, YOU HAVE WAIVED ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION.
Without limiting the above disclaimers, ConData, its subsidiaries, affiliated companies, joint partners, licensors, licensees and service providers: (1) make no warranties or representations whatsoever concerning the Website, the availability or use of the Website, the information and content from whatever source posted on or referred to in the Website, or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, the Website will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the Website is, or the information, software, services or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, the Website will be available for purchase or not withdrawn at any time and make no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through the Website. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
You agree to indemnify, defend, and hold harmless ConData from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with your access to or use, or attempted access or use, of the Website.
ConData makes no representation that the Content on the Website is appropriate or available for use in locations outside the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Those who choose to access this Website outside the United States do so on their own initiative and are responsible for compliance with local laws.
EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, THROUGH THIS AGREEMENT, YOU HAVE WAIVED ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION.