DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY






THE Party A SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Party A SERVICES ARE PROVIDED BY Party A ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Party A MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Party A SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Party A SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Party A SERVICES IS AT YOUR SOLE RISK.






TO THE FULL EXTENT PERMISSIBLE BY LAW, Party A DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Party A DOES NOT WARRANT THAT THE Party A SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Party A SERVICES, Party A'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Party A ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Party A WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Party A SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Party A SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.






SITE POLICIES, MODIFICATION, AND SEVERABILITY






Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Party A Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.






OUR ADDRESS






e-mail






ADDITIONAL Party A SOFTWARE TERMS






The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Party A Services (the "Party A Software").






1. Use of the Party A Software. You may use Party A Software solely for purposes of enabling you to use the Party A Services as provided by Party A, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Party A Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Party A Software in whole or in part.






2. Use of Third Party Services. When you use the Party A Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.






3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Party A Software, whether in whole or in part.






4. Updates. We may offer automatic or manual updates to the Party A Software at any time and without notice to you.






5. Conflicts. In the event of any conflict between these Conditions of Use and any other Party A or third-party terms applicable to any portion of Party A Software, such as open-source license terms, such other terms will control as to that portion of the Party A Software and to the extent of the conflict.






HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS






Party A accepts service of subpoenas or other legal process only through Party A’s national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:






e-mail:






Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Party A devices; and IP address and complete time stamps.






NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT






If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.






We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.






We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:






Written claims concerning copyright infringement must include the following information:






• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;






• A description of the copyrighted work that you claim has been infringed upon;






• A description of where the material that you claim is infringing is located on the site;






• Your address, telephone number, and e-mail address;






• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and






• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.e