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For all other Service subscriptions, you will be contacted by a Farsight sales representative to execute the required subscription service agreement after you apply for such subscription and submit the required information.
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BY ACCESSING, USING OR NAVIGATING THE SITE, YOU ASSUME ALL RISK OF LOSS AND WAIVE ANY AND ALL CLAIMS RESULTING FROM YOUR ACCESS, USE OR NAVIGATION OF THE SITE, WHETHER EXPRESS OR IMPLIED. THE SITE, AND ALL CONTENT, INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE, ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER UNDER TORT, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER THEORY OF LIABILITY, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, COMPENSATORY, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, BUSINESS, REVENUES, INCOME, GOODWILL, SOFTWARE, HARDWARE, SYSTEMS, DATA OR INFORMATION, WHICH MAY ARISE OUT OF OR RESULT FROM ANY CLAIM OR CAUSE OF ACTION RELATED TO THE SITE, OR ANY CONTENT, INFORMATION, PRODUCT OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF ANY SUCH DAMAGES OR LOSSES WERE FORESEEABLE OR WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WE WILL NOT BE LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE THAT YOU OR ANY THIRD PARTY ENCOUNTER OR RECEIVE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU HAVE THE NECESSARY AND PROPER SCANNING AND PROTECTION PRODUCTS AND TOOLS TO MAINTAIN THE SECURITY OF YOUR SOFTWARE, HARDWARE, SYSTEMS, DATA AND INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER UNDER TORT, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER THEORY OF LIABILITY, WHICH MAY ARISE OUT OF OR RESULT FROM ANY CLAIM OR CAUSE OF ACTION RELATED TO THIS SITE, OR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED BY THE SITE, WILL BE THE AMOUNTS ACTUALLY PAID BY YOU TO US TO ACCESS AND USE THIS SITE, IF ANY, BUT IN NO EVENT WILL SUCH LIABILITY BE IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100). THE PROVISIONS OF THIS PARAGRAPH WILL APPLY EVEN IF A PARTICULAR REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions may not allow the exclusion or limitation of incidental, consequential or other damages, so some of the above exclusions or limitations may not apply to you.