The Accely group does not warrant: (1) that the services, any of the services’ functions or any content or software contained therein will be uninterrupted or error-free; (2) that defects will be corrected; (3) that the services or the servers hosting them are free of viruses or other harmful code; or (4) that the services or information available through the services will continue to be available. the Accely group disclaims any express or implied warranties, including, without limitation, noninfringement, merchantability, fitness for a particular purpose, and title. the services, including, without limitation, all content, software, and functions made available on or accessed through or sent from the services, are provided “as is,” “as available,” and “with all faults.”
The Accely group will not be liable to you or anyone else for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) in connection with the services or your user submissions, even if foreseeable or even if one or more of the the Accely group has been advised of the possibility of such damages (including, without limitation, whether caused in whole or in part by negligence, gross negligence, or otherwise, but excluding willful misconduct) unless specified in writing. the the Accely group’s liability in connection with the services or your user submissions for willful misconduct will not exceed the amount paid by you to Accely in the three months Preceding the claim.
Your access to and use of the services is at your risk. if you are dissatisfied with the services or any of the content, your sole and exclusive remedy is to discontinue accessing and using the services.
You acknowledge and agree that if you incur any damages that arise out of the the Accely group’s acts or omissions, the damages, if any, are not irreparable and are not sufficient to entitle you to an injunction or other equitable relief restricting exploitation of any website, property, product, program, television show, motion picture, or other audio/visual content owned or controlled by the Accely group, including without limitation the services (including those incorporating user submissions).
You acknowledge that you may be waiving rights with respect to claims that are unknown or are unsuspected. accordingly, you agree to waive the benefit of any law, including, to the extent applicable, california civil code § 1542, that otherwise might limit your waiver of such claims.
Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so some of the above limitations and exclusions may not apply to you.
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