1.1 The Website is provided on an "as is" and "as available" basis and your use of the Website is at your sole risk. Neither we nor our Affiliates makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the accuracy, adequacy or completeness of the Content or Product included on the Website. To the full extent permissible by applicable law, we and our Affiliates disclaim all warranties, express or implied, including but not limited to any representations or warranties as to:
- the services or information provided on or via the Website will meet your requirements;
- the availability of the Website or that it will be uninterrupted or error-free or that any errors and defects will be corrected;
- the accuracy, adequacy or completeness of any Content on the Website;
- the merchantability, standard of quality or fitness for any particular purpose of any Product available on the Website;
- the use or exercise of reasonable care and skill in providing or delivering any services onor through the Website or the timeliness of services offered or provided on the Website;
- non-infringement of any third party intellectual property rights; and
- the Website being free of computer viruses or other harmful elements.
1.2 Any material downloaded or otherwise obtained from or through the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
1.3 Our entire liability and your exclusive remedy with respect to the Website or otherwise is re-performance of defective services in jurisdictions which do not allow the exclusion or limitation of certain types of liability. Our liability is limited to the maximum extent permitted by law. We do not endorse, warrant or guarantee any material, product or service offered through us or the Website. We are not and will not be a party to any transaction between you and any third party.
1.4 Without limiting any exclusion specifically provided for in the Terms of Use, we shall in no event be liable for any costs, damages or liability for:
- the failure or alleged failure of any Product;
- the breach or alleged breach of any warranty, express or implied, relating to any Product;
- any loss or damage to any such Product;
- any act or failure to act of any shipper or other carrier or any employee or agent thereof of the Product;
- any unauthorized use of the Website or breach of security relating to the Website.
1.5 You will exercise and rely solely on your own judgment in using the Website for purchasing or redeeming the Product. In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, goodwill, use, data or other intangible losses, arising out of any use or inability to use the Website or the use of or reliance on the Content or service available on the Website, even if we have been advised of the possibility of such damages including without limitation unauthorized access to your Member's Account using your Login Name and Password or transmission of Content or any transactions entered into through the Website. You specifically agree that neither we nor our Affiliates shall be responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that neither we nor our Affiliates shall be responsible for the Content sent out, using and/or included in the Website by any third party.
1.6 The limitation of liability contained in the Terms of Use will apply to the fullest extent permitted by applicable laws.
1.7 We make no representation that materials on the Website are appropriate or available for use in any jurisdictions, accessing the Website from locations where its operation are illegal is prohibited. Those who access the Website from other locations do so at their own discretion and are solely responsible for compliance with their laws and rules. You confirm that you have all the requisite approvals for using the internet and online conduit.
