1.1 The trademarks, copyright, service marks, trade names and other intellectual and proprietary notices displayed on the Website are the property of or otherwise are licensed to us or our licensors or affiliates, whether acknowledged (or not) and which are protected under applicable intellectual and proprietary laws throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.
1.2 Nothing herein contained shall be construed as an intent to grant you any interest in the Website or in the Website Services in whole or in part. All content and materials included in the Website such as images, photographs, graphics, texts, forms, lists, charts, guidelines, data, logos, code, icons, videos, audio and other content are the property of, are licensed to or are otherwise duly available to us, our affiliates, our licensors or to the appertaining third party copyrights holder.
1.3 You acknowledge and agree that any and all infringing use or exploitation of copyrighted content available in the Website may cause us, our affiliates, licensors or content providers irreparable injury which may not be remedied solely at law and therefore our affiliates, licensors or content providers may seek remedy for breach of the Terms, either in equity or through injunctive or other equitable relief.
2. Term and Termination
2.1 The term hereof shall begin on the date that comes first among: (i) first access to the Website; (ii) your first access or execution of the Website Services; or (iii) we begin providing the Website Services to you.
2.2 The term hereof will automatically end on the earlier date of either your: (i) access termination or access revocation for the Website; or (ii) our decision to make the Website or the Website Services no longer available for use, at our sole and final discretion.
3.1 As a User of the Website, you are liable for the accuracy of the information that you provide to us, including, but not limited to, your personal and professional representation.
5. No Warranty
5.1 Neither we, nor our affiliates, subsidiaries, officers, employees and agents warrant that the Website will be error-free, uninterrupted, secure or produce any particular results; or that any listing, purchase, order, amount, information and/or content will be current and/or valid. No warranty or representation is made with regard to the Website Services or products of third parties contacted on or through the Website. In no event shall we or our affiliates be held liable for any of the foregoing.
5.2 In no event shall we be liable to you for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to damages for business interruption, loss of profits, loss of data, computer or software failure or inaccessibility or any other type of personal damages or losses arising out of or related to your use of or inability to use the Website.
5.3 To the fullest extent allowable under applicable laws, we hereby expressly disclaim any and all liability of any kind with respect to the Website or the Website Services including any and all liability arising out of or related to any purported facts or information and description of any information, products and/or Website Services displayed on the Website, including all warranties of any kind, whether express or implied; including, without limitation, warranties of title, merchantability, accuracy, completeness, condition, quality, durability, performance, accuracy, reliability, suitability, fitness for a particular purpose or non-infringement.
6.1 Advertisements and Promotions. From time to time, we may place ads and promotions from third party sources in the Website. Accordingly, your participation or undertakings in promotions of third parties other than us and any terms, conditions, warranties or representations associated with such undertakings are solely between you and such third party. We will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Website.
6.2 Force Majeure. We will not be liable for non-delivery of goods or services ordered by you through the Website or the Website Services or for any failure of performance of our obligations as set forth herein, where such failure arises from any cause beyond our reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
6.3 Severability and Waiver. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect. The failure or delay of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
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