The services, the materials provided by the services, and any product or service obtained or accessed through the services are provided “as is” and without representations or warranties of any kind, either express or implied. to the fullest extent permissible pursuant to applicable law, Marksignals and its suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Marksignals and its suppliers, agents and sponsors do not warrant that your use of the services will be uninterrupted, error-free, or secure, that defects will be corrected, or that the services or the server on which Marksignals.com and its affiliated sites are hosted are free of viruses or other harmful components. you acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the services, and all charges related thereto. you assume total responsibility and risk for your use of the services and your reliance thereon. no opinion, advice, or statement of Marksignals or its suppliers, agents, members, or visitors, whether made through the services or otherwise, shall create any warranty. your use of the services and any materials provided by the services are entirely at your own risk.
limitation of liability: neither Marksignals nor its suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the services and/or content contained on the services, or any product or service purchased through the services. your sole remedy for dissatisfaction with the services and/or content contained within the services is to stop using the services. the sole and exclusive maximum liability to company for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall be the total amount paid by you, if any, to access the services.
indemnification. you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the code of conduct above; (b) any allegation that any materials that you submit to us or transmit to the services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the services.
no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. this, together with all Marksignals policies referred to herein, constitutes the entire agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements between us.