|
User agrees that use of the service
is entirely at User's own risk. The service is provided "as
is," without warranty of any kind or responsibility either
expressed or implied, including (without limitation) any warranty
or responsibility as to, of, or for
 |
title, non-infringement,
merchantability, or fitness for particular purpose, whether
related to the covered products , or otherwise; |
 |
information,
informational content, or completeness or informational
accuracy, whether relating to the covered products or
otherwise; |
 |
the quality,
suitability, accuracy, functionality, or operation of
the service; uninterrupted access; |
 |
the covered
products or any information relating thereto; or |
 |
the ability for a member to provide or deliver a product
or service or to pay a member for a product or service.
|
This disclaimer of liability applies
to any damages or injury caused by any failure of performance,
error, omission, interruption, deletion, defect, delay in
operation or transmission, computer virus, communication line
failure, theft or destruction or unauthorized access to, alteration
of, or use of record, in any way relating to or arising out
of the service or the attempted use thereof or any transactions
between members, whether for breach of contract, tortuous
behavior, negligence or under any other cause of action.
Neither CYBER VILLAGE nor any of its
agents, affiliates, or content providers shall be liable for
any direct, indirect, incidental, special, or consequential
damages arising out of use of the service or actual transactions
or intended transactions arising out of the use of the service
or inability to gain access to or use the service or out of
any breach of any obligation or responsibility that any of
them may have. Without in any way limiting any other provision
contained herein, User agrees that in no event shall CYBER
VILLAGE or its officers, directors, owners, independent contractors,
employees, agents, or affiliates be liable, by reason of,
arising out of, or related to, the use of the web site or
the service, by reason of any transaction conducted on this
website. Notwithstanding the foregoing or any other limitations
on liability set forth in this agreement, if a User becomes
entitled to any recovery, each user agrees that its recovery
shall be limited to the amount of any fees or payments paid
to CYBER VILLAGE by reason of such user's use of the service.
|