IMPORTANT : THIS END-USER LICENSE AGREEMENT (THIS “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND INFORMATION PROFESSIONALS COMPANY (“COMPANY”). READ IT CAREFULLY BEFORE COMPLETING THE REGISTRATION PROCESS AND USING THE SERVICE. IT PROVIDES A LICENSE TO USE THE SERVICE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY USING THE SERVICE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF, AND AGREEING TO BE BOUND BY, THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN PLEASE DO NOT USE THE SERVICE.
In consideration of being allowed to use the Service, and for other good and valuable consideration of which you acknowledge the receipt and sufficiency, you are granted the license set forth in this Section 2. The license granted herein is subject to the terms and conditions set forth in this Agreement:
The Service is owned and operated by Company. All right, title and interest in and to the Service, including but not limited to information, legal documents, logos, graphics, sounds and images (collectively, the "Materials") are owned either by Company or by Company’s respective third party authors, developers or vendors. Except as otherwise expressly provided by Company in this Agreement, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way. Any rights not expressly granted to you herein are reserved by Company.
COMPANY PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICE OR ANY LEGAL DOCUMENTS PROVIDED VIA THE SERVICE. THE SERVICE AND ALL LEGAL DOCUMENTS PROVIDED VIA THE SERVICE ARE PROVIDED "AS IS" “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS.
COMPANY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY LEGAL DOCUMENTS PROVIDED VIA THE SERVICE ARE ERROR-FREE OR THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION.
COMPANY MAKES NO WARRANTY THAT: (A) THE SERVICE OR ANY LEGAL DOCUMENTS PROVIDED VIA THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR ANY LEGAL DOCUMENTS PROVIDED VIA THE SERVICE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF THE SERVICE OR ANY LEGAL DOCUMENTS PROVIDED VIA THE SERVICE, WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY LEGAL DOCUMENTS VIA THE SERVICE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.
COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE VIA THE SERVICE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH COMPANY SHALL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Your exclusive remedy under this Agreement is, in Company’s sole discretion, (i) a refund of amounts previously paid during the License Period in which your claim(s) arose, or (ii) (in the event of Service interruption in excess of 24 hours) an extension of the license period equal to the number of days that the Service was interrupted. Any misuse, accident, abuse, modification or misapplication of the Service will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE SERVICE, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE AND BASED ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
COMPANY'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE THEN-CURRENT LICENSE PERIOD (e.g., ONE MONTH, ONE YEAR).
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.