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DISCLAIMER AND NO WARRANTIES

YOUR USE OF THIS SITE OR APPLICATION IS AT YOUR SOLE DISCRETION AND RISK. ANY AND ALL INFORMATION, DATA, SERVICES, WORK PRODUCT, ANALYTICS, METRICS AND/OR ANY SUGGESTIONS OR RECOMMENDATIONS CREATED, GENERATE AND/OR PROVIDED TO YOU BY THIS SITE OR THIS APPLICATION (THE "SERVICES") ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED TO YOU ON AN "AS IS", WHERE AS" AND "WITH ALL FAULTS" BASIS.

ANY RELIANCE UPON THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUGMENT HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, DUTIES AND/OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:

  1. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, AND LACK OF NEGLIGENCE;
  2. ANY WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR APPLICATION;
  3. ANY WARRANTY THAT INFORMATION OR SERVICE PROVIDED ON OR BY THIS SITE OR APPLICATION, THE SITE OR APPLICATION ITSELF EFFORTS, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS;
  4. ANY WARRANTIES AS TO THE AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; FUNCTIONALITY; TIMELINESS OF SERVICES; ACCURACY OR CURRENCY OF CONTENT; LACK OF VIRUSES;
  5. ANY OTHER WARRANTY IN REGARDS TO ANY ADVICE, RECOMMENDATION, INFORMATION, DATA AND/OR ANYTHING CONTAINED IN OR A PART OF THE SERVICES, WHICH IS AVAILABLE TO YOU IN THIS SITE OR APPLICATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, BY YOUR USE OF THIS SITE OR APPLICATION, YOU ACCEPT ANY AND ALL DAMAGE TO YOU OR YOUR PROPERTY, RISK OF LOSS BASED UPON THE SERVICES OR ANY LOSS OF DATA.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT AUGMENT AND ITS' OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, DIRECT, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THIS SITE OR APPLICATION AND/OR YOUR USE OF OR RELAINCE ON THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE.

THIS LIMITATION AND EXCLUSION OF DAMAGES INCLUDES BUT IS NOT LIMITED TO DAMAGES FOR:

  • LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION
  • BUSINESS INTERRUPTION
  • PERSONAL INJURY
  • LOSS OF PRIVACY
  • FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE
  • NEGLIGENCE OR NEGLIGENT MISREPRESENTATION
  • ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER

EVEN IN THE EVENT OF THE FAULT OF AUGMENT, OF TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY.

SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS NOT LEGALLY VALID, AUGMENT AND ITS' OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS'S LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY TERMS AND CONDITIONS REFERENCED IN THIS AGREEMENT) INCLUDING FOR ANY DIRECT DAMAGES ARISING FROM YOUR RELIANCE ON SITE INFORMATION, WILL BE LIMITED TO THE MONTLY SUBSCRIPTION COSTS OF ONE MONTH OF SERVICE. YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE AUGMENT AND ITS' OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.