Warranty
User expressly agrees that use of Nem5 Greeting Card Services
is at User's sole risk. Neither Nem5 Greeting Card Services,
their affiliates nor any of their respective employees, agents, third-party
content providers or licensors warrant that Nem5 Greeting
Card Services will be uninterrupted or error free; nor do they make
any warranty as to the results that may be obtained from use of Nem5
Greeting Card Services, or as to the accuracy or reliability
of any information, service or merchandise provided through Nem5
Greeting Card Services.
Nem5 Greeting Card Services is provided on an "as is" basis
without warranties of any kind, either expressed or implied, including,
but not limited to, warranties of title or implied warranties of merchantability
or fitness for a particular purpose, other than those warranties which
are implied by and incapable of exclusion, restriction or modification
under applicable law. Additionally, there are no warranties as to
the results obtained from the use of Nem5 Greeting Card
Services.
This disclaimer of liability applies to any damages or injury caused
by any failure of performance, error, omission, inaccuracy, 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 Nem5 Greeting Card Services,
whether for breach of contract, tortious behavior (including strict
liability), negligence, or under any other cause of action. You specifically
acknowledge that Nem5 Greeting Card Services, their affiliates,
any of their respective employees, agents, third-party content providers
or licensors are not liable for the defamatory, offensive or illegal
conduct of other users or third parties and that the risk of injury
from the foregoing rests entirely with you.
In no event will Nem5 Greeting Card Services or any person
or entity involved in creating, producing or distributing Nem5
Greeting Card Services, or the content included therein be liable
in contract, in tort (including for its own negligence) or under any
other legal theory (including strict liability) for any damages, including,
without limitation, direct, indirect, incidental, special, punitive,
consequential or similar damages, including, without limitation, lost
profits or revenues, loss of use or similar economic loss, arising
out of the use of or inability to use Nem5 Greeting Card
Services. You hereby acknowledge that the provisions of this section
shall apply to all use of and content on Nem5 Greeting
Card Services. Applicable law may not allow the limitation or exclusion
of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you. In no event shall Nem5
Greeting Card Services cover total liability to you for
all damages, losses and causes of action whether in contract, tort
(including its own negligence) or under any other legal theory (including
strict liability) exceed the amount paid by you, if any, for accessing
Nem5 Greeting Card Services or purchasing Nem5
Greeting Card Services.
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