Disclaimer of Warranty – Limitations to Liability
(A) YOU CONCUR THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE BRANDELEVATE GROUP, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT GUARANTEE THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO THEY MAKE ANY PROMISE AS TO THE RESULTS THAT ONE MAY GET FROM THE USE OF THE WEBSITES, NOR TO ITS ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES.
(B) THE WEBSITES ARE PROVIDED ON AN “AS SEEMS TO BE” BASIS WITHOUT PROMISES OF ANY KIND, EITHER EXPRESSING OR IMPLICATIONS, INCLUDING, BUT NOT RESTRICTED TO, PROMISES OF TITLE OR IMPLIED PROMISES OF SUITABILITY FOR SALES OR FITNESS FOR A PARTICULAR PURPOSE. OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
(C) AS FAR AS APPLICABLE LAW ALLOWS, IN NO EVENT SHALL THE BRANDELEVATE GROUP, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE RESPONSIBLE TO YOU FOR ANY PERSONAL HARM, DAMAGE TO PROPERTY, LOSS OF PROFIT, PRICE OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, STOPPAGE OF WORK, MALFUNCTION OF COMPUTER AND/OR DEVICE OR TECHNOLOGY OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNISHING DAMAGES BASED ON ANY ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED LAPSE IN PERFORMANCE, INTERRUPTION, ERROR, OMISSION, DELETION, DEFECT, OR SERVICE DELAY, OPERATIONS, OR CHANNELLING OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNSANCTIONED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, SUBJECT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE THAT THIS RESTRICTION OF LIABILITY APPLIES WHETHER SUCH PROCLAMATION ARE FOR VIOLATION OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, DESPITE OF THE BASIS UPON WHICH LIABILITY IS ASSERTED AND EVEN IF THE BRANDELEVATE GROUP OR ITS AFFILIATED COMPANIES OR FUTURE OWNERS HAVE BEEN COUNSELLED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. WITHOUT RESTRICTING THE GENERALITY OF THE PRECEDING, YOU ALSO PARTICULARLY ACKNOWLEDGE THAT THE BRANDELEVATE GROUP OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT RESPONSIBLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR UNLAWFUL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT PERMIT ALL OR ANY PART OF THE ABOVE LIMITATIONS TO LIABILITY TO BE APPLIED TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(D) We repudiate any obligation of any sort for any unapproved access to or utilisation of your by and by identifiable data. By getting to the Websites, you recognise and consent to our disclaimer of any such obligation. If you don’t concur, you ought not to access or utilise the Websites.
Indemnification- You agree to guard, repay and hold innocuous the BrandElevate Group, its offshoots and their executives, officers, workers and operators from and against all cases and costs, including lawyers’ charges, emerging out of the utilisation of the Websites by you. The BrandElevate Group maintains all authority to assume control over the elite resistance of any claim for which we are qualified for compensation under this area. In such occasion, you will give BrandElevate such participation as is sensibly asked for by the BrandElevate Group.
Termination- We may end or suspend these Terms whenever without notice to you. Without constraining the prior, we will have the power to promptly discontinue your entrance to the Websites in case of any lead by you which we, in our sole caution, consider being unsatisfactory, or in case of any rupture by you of these Terms. The arrangements of Sections 2 and 5-12 will survive the end of these Terms.
Governing Law-The substance, information, video, and all other material and highlights on the Websites are displayed to provide excitement, news or potentially data as well as advancing projects, films, music, diversions, and different items and additionally benefits that are or may end up accessible in the United States, its domains, belonging, and protectorates.
All debate, cases and discussions emerging out of or regarding your entrance to, or potentially utilization of the Websites, as well as the arrangement of substance, administrations, or possibly innovation on or through the Websites will be administered by and interpreted only as per the laws and choices of the State of California material to contracts made, went into and performed entirely in that, without offering impact to its contention of laws arrangements.
Copyrights and Copyright Agent-We regard others’ protected intellectual rights and expect our users and clients to do likewise. On the off chance if you think that your work has been duplicated on the Websites in a way that constitutes copyright encroachment, please follow the procedures and methods laid out in BrandElevate’s Copyright Infringement Notice and Takedown Policy. We maintain all authority to end access to the Websites for clients or users who post material that invades the protected intellectual privileges of others.
Incidental – These Terms and any working tenets for the Websites set up by us constitute the whole assertion of the gatherings as for the topic in this regard, and supersede all past composed or oral understandings between the meetings as for such issue. The arrangements of these Terms are for the advantage of the BrandElevate Group, its offshoots and its outsider substance suppliers and licensors and each will have the privilege to state and uphold such arrangements straightforwardly or all alone benefit. No waiver by either gathering of any rupture or default hereunder will be considered to be a waiver of any first or ensuing break or default. If any piece of these Terms is found by a court of equipped locale to be invalid or unenforceable, it will be supplanted with dialect mirroring the first reason in a substantial and enforceable way. The enforceable segments of these Terms will stay authoritative upon the gatherings. The area headings utilised thus are for accommodation just and will not be given any legal importance.