Here are some definitions that will be used in this contract:
We may make modifications, additions, and/or deletions to this Agreement at any time. Any such changes will become effective 30 days after a notice of those changes are posted to the website or when you agree to those changes, whichever occurs earlier.
No individual under the age of 13 or the age of digital consent in his or her country, whichever is higher, is permitted to register an Account for the Services or provide personal information to the Services. If you are a parent and believe your child under the age of 13 or the age of digital consent in his or her country, whichever is higher, has created an Account, please contact us at firstname.lastname@example.org. You may only use the Services to the extent not legally prohibited from doing so. The Services may change frequently and at any time, without prior notice. We reserve the right to limit any part of the Services without prior notice or liability. We may terminate Accounts at any time without prior notice or liability. You may not attempt to hack the Services in any way, including, but not limited to:
YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE ARE NOT LIABLE FOR ANY DAMAGES CAUSED BY ANY PART OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We make no representations or warranties of any kind, including, but not limited to:
You release, to the fullest extent permitted by law, us from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising from your use of our Services. You hereby waive applicability of California Civil Code ¤1542, and any similar statute or principle of common law. California Civil Code ¤1542 says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR: (A) ANY INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICES, INCLUDING WITHOUT LIMITATION DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY USER CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 7, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. We may terminate your ability to use and/or access the any and all parts of the Services at any time, without prior notice or liability, and with or without reason. Upon termination of your ability to use and/or access the Service, your right to use or access that Service and any Content will immediately cease. The following Sections shall survive any termination of these Terms of Service: 4, 5, 6, 7, 8, and 9.