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A. MMS2WEB IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MMS2WEB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. MMS2WEB MAKES NO WARRANTY THAT (i) MMS2WEB WILL MEET YOUR REQUIREMENTS OR THAT, (ii) MMS2WEB WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MMS2WEB IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MMS2WEB SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MMS2WEB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MMS2WEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM MMS2WEB; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
E. MMS2WEB DOES NOT GUARANTEE THE DELIVERY OF ANY MOBILE MESSAGES (SMS, MMS, WAP PUSH) AND IS NOT LIABLE FOR ANY FINANCIAL OR NON FINANCIAL ISSUES OR DAMAGE CAUSED BY A NON DELIVERED MESSAGE.
You agree to indemnify and hold mms2web, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information or data you post on mms2web your use of mms2web, your violation of these Terms of Service, or your violation of any rights of another.
These Terms of Service constitute the entire agreement between you and mms2web and govern your use of mms2web, superceding any prior agreements between you and mms2web. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Service and the relationship between you and mms2web shall be governed by the laws of the country of Switzerland Canton Zurich. You and mms2web agree to submit to the personal and exclusive jurisdiction of the courts located within the country of Switzerland. The failure of mms2web to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
on behalf of mms2web.com
Zurich 1.10.2002 |