Certain features, functionality, and/or content offered on or through the service may be hosted, administered, run or otherwise participated in by third parties, such as our service providers that provide social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, auctions, shopping, and personal/job search and other classified ads. These service providers may require that you agree to their additional terms, conditions, contracts, agreements and/or rules. Your compliance with any such additional terms, conditions, contracts, agreements and/or rules is solely your responsibility and will have no effect on your continuing obligation to comply with the agreement when using the service. We and our indemnitees specifically disclaim any and all liability in connection with the acts or omissions of such third parties.
You acknowledge that you are using the service at your own risk. The service is provided "as is", "with all faults" and on an "as available" basis, and we and our indemnitees hereby expressly disclaim any and all representations, warranties, and guarantees, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any content contained therein or provided by us or the service.
We and our indemnitees do not represent, warrant or guarantee that access to the service and/or communications or messaging from or to us or you will be uninterrupted, timely, or error free, or that there will be no failures, delays, inaccuracies, errors or omissions or loss of transmitted content, or that no software disabling devices, time bombs, viruses, worms, bugs, or devices or defects of similar nature will be transmitted on or through the service, and we and our indemnitees will not be liable in the event of any such occurrence.
We and our indemnitees are not responsible for incomplete, incorrect, lost, delayed, late, misdirected, garbled, damaged, illegible, undeliverable, or incompletely received communications or messaging from or to us or you for any reason, including by reason of hardware, software, browser, network, communications system failure, malfunction, delay, or congestion, or any incompatibility at our servers or elsewhere, or for any other technical problems, any form of active or passive filtering by a user’s computer, mobile or other device or access provider, insufficient space on user’s computer, mobile or other device, or any other cause or combination thereof.
We and our indemnitees shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of the agreement, the service, the sale, purchase, receipt, use or misuse of any merchandise, products and/or services, including without limitation content, your ability or inability to access, visit and/or use the service, including damage to your computer, mobile or other device, or for software disabling devices, time bombs, viruses, worms, bugs, or devices or defects of similar nature alleged to have been obtained from the service, your access, visitation, and/or use of, or reliance on, the service or any of the merchandise, products, services and/or content available on or through the service, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
In no event shall our liability to you exceed the total amount of fees paid by you during the one month period in which the claim arose. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. The agreement is not subject to the laws of such states, but to the extent a claim is brought therein, our liability and warranties are limited to the extent permitted by law. If you are a California resident, you waive California Civil Code Section 1542, which states, in part: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor".
We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the service, your ability to access, visit and/or use the service or any portion thereof, and/or the agreement, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice.
Even if the service, your ability to access, visit and/or use the service or any portion thereof, and/or the agreement is terminated, discontinued, suspended or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any content, and therefore copies of all information with regard to content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the service, may be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties, including other users.
Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the service. All provisions of the agreement shall survive the termination or expiration of the agreement.
While you may freely discuss topics of interest to you, and the service may include general content relating to a range of topics, including medical, health, legal, tax, or financial issues, you should not rely on the service for individual advice on such issues. Instead, we recommend that you talk in person with a qualified professional. You alone will bear the sole responsibility for evaluating the merits and/or risks associated with use of content obtained on or through this service before making any decisions based on such content.
The content available on or through this service is in no way intended to and shall not be construed to:
(a) constitute professional medical, health, legal, tax, or financial advice;
(b) recommend, endorse, or advise regarding any financial instrument or investment strategy; or
(c) diagnose, cure, or treat any medical, health or other condition.
Always seek the advice of a qualified professional. For example, seek the advice of your physician or other qualified health provider prior to starting any new diet and ask your doctor any questions you may have regarding a medical condition.
In addition to all other limitations and disclaimers in the agreement, we and our licensors, vendors, and/or service providers disclaim any liability or loss in connection with the content obtained on or through this service.