Warranties, Disclaimers and Limitation of Liabilities
If you believe another user is violating the terms, you may notify us and we will work in good faith to resolve any issues. However, the site and contents are provided on an “AS IS” and “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW WE AND OUR SUPPLIERS DISCLAIM ALL OTHER REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE AS TO THE SITE OR THE CONTENTS, OR ANY OTHER PRODUCT OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SITE, CONTENTS OR ANY PRODUCTS OR SERVICES PURCHASED FROM THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR PROVIDE ANY PARTICULAR RESULTS; OR THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. PRODUCTS PURCHASED FROM OUR SITE ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS EQUIPMENT FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS AIRCRAFT NAVIGATION, OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGES
NEITHER WE NOR OUR SUPPLIERS SHALL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE) INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE SITE, CONTENTS OR ANY PRODUCTS OR SERVICES; (2) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR SUBMISSIONS OR DATA; OR (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE. WE ARE ALSO NOT RESPONSIBLE FOR DAMAGES TO THIRD PARTIES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY SHALL NOT EXCEED FORTY DOLLARS.
Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above disclaimers, limitations and exclusions may not apply to you.
Changes to these terms: We reserve the right to change these terms at our sole discretion and without notice. Changes are effective on the date they are posted. You can determine this date by looking at the date at the bottom of this page. We recommend that you print a copy of these terms for future reference and revisit these terms from time to time to ensure you are aware of any changes. Your continued use of the site signifies your acceptance of any changed terms.
Additional terms: Your use of certain resources made available on the site or your participation in certain transactions on the site (such as on-line purchases) may be subject to additional terms and conditions, which we will make available to you prior to or at the time you access these resources or conduct these transactions.
Third Party sites and Products: We may provide links to various third party web sites solely as a convenience for our users and these terms DO NOT apply to such sites. These sites are not under our control or direction and we have not reviewed them. We do not endorse or sponsor, and are not responsible or liable for, the contents, products or services available at any such linked site or the practices of these web sites (including without limitation, their privacy and data gathering policies and practices). You assume all risk of use thereof.
Applicable Laws and Jurisdiction:
Creative Mobile Technologies controls the site (excluding third party linked sites) from its corporate offices within the state of New York, USA. The law of the state of New York will apply to all issues and matters relating to or arising from your use of this site. You agree to submit to the personal jurisdiction and venue of the courts of New York in New York, New York or any federal court located in New York. Choice of law principles and the United Nations Convention for the International Sale of Goods and any legislation implementing such Convention are hereby expressly excluded. We make no representation that site or Content are appropriate or available for use in other locations. Accessing the site or Contents from jurisdictions where they are illegal is prohibited. If you choose to access this site from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the site and Contents and your purchase of any products or services. The Content and/or products and services available through the site may be subject to US export controls.
Severance:
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these terms, shall not affect the validity and enforceability of any remaining terms and shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. The section titles are for convenience only. Our failure to enforce these terms, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
Basis of Bargain:
The limited warranty, exclusive remedies and limited liability set out herein are fundamental elements of the basis of the bargain between us. We would not be able to provide the site or its associated products or services on an economic basis without such limitations.
Termination:
In the event of termination of your access to or use of the site or Contents, the provisions respecting Protection of Site Users; your representations, warranties and indemnities, our Warranties, Disclaimers and Limitations of Liability, Applicable Law and Jurisdiction; Severance, and Copyrights and Trademarks will survive unless waived in writing by us
Last updated March 19, 2009.