4. DISCLAIMER OF WARRANTIES
ALL MATERIALSINFORMATIONSOFTWAREPRODUCTSAND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KINDEITHER EXPRESS OR IMPLIEDINCLUDINGBUT NOT LIMITED TOIMPLIED WARRANTIES OF MERCHANTABILITYFITNESS FOR A PARTICULAR PURPOSEOR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATERELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIESTHESE EXCLUSIONS MAY NOT APPLY TO YOU.
5. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECTINDIRECTPUNITIVEINCIDENTALSPECIALOR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OFOR INABILITY TO USETHIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACTTORTNEGLIGENCESTRICT LIABILITYOR ANY OTHER BASISEVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESCOMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
6. INDEMNIFICATION
Upon a request by COMPANYyou agree to defendindemnifyand hold COMPANY and its other affiliated companies harmlessand their employeescontractorsofficersand directors from all liabilitiesclaimsand expensesincluding attorney’s feesthat arise from your misuse of this site.
7. SEVERABILITY AND INTEGRATION
Unless otherwise specified hereinthis agreement constitutes the entire agreement between you and COMPANY with respect to this site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this site. If any part of these Terms of Use is held invalid or unenforceablethat portion shall be construed in a manner consistent with applicable law to reflectas nearly as possiblethe original intentions of the partiesand the remaining portions shall remain in full force and effect.
8. JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the COMPANY'S jurisdiction. You hereby consent to binding arbitration in the COMPANY'S State to resolve any disputes arising under this Terms of Use.