Third
party sites
The Site contains links to other world wide web sites
or resources, including, without limitation, web
publishers, merchants, and advertisers ("Third
Party Sites"). You acknowledge and agree that the
Company does not endorse, support, guarantee or
evaluate any material whatsoever on any and all Third
Party Sites, that the Company expressly disclaims all
liability regarding the availability, accuracy,
quality, or truthfulness of all content or advertising
on Third Party Sites, and that the Company further
disclaims any liability arising from the use or sale
of any product or service on or available from Third
Party Sites. You use the links at your own risk.
Your
interaction with any Third Party Site or any Third
Party Site representative, including payment and
delivery of any and all goods or service, and any
other promises, contracts, terms, conditions,
warranties or representations associated with such
interaction, are solely between You and such Third
Party and are conducted at your own risk. You agree
not to hold the Company liable for any loss, damage,
claim, deprivation, or injury incurred as the result
of any such Third Party Site dealings, or as the
result of the linking of Third Party Sites to the
Site.
Unedited
third party content
You acknowledge that Gainbrain is a distributor, not a
publisher, of the unedited content provided to it by
third parties and Site users ("Third Party
Content") and has no editorial control over such
content. You acknowledge that Gainbrain does not
monitor Third Party Content for accuracy, reliability,
quality and you acknowledge that Gainbrain does not
endorse and is not responsible for the accuracy,
reliability, and quality of any Third Party Content.
Errors
and disclaimer of warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, THE MATERIAL ON SITE IS PROVIDED
"AS IS" AND WITHOUT EXPRESS OR IMPLIED
WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, OR MERCHANTIBILITY. Exclusion of
implied warranties is not allowed in some
jurisdictions, so the entirety of the above exclusion
may not apply to you. The Company believes that all
information on the Site that the Company produces
comes from accurate and reliable sources. However, you
acknowledge that the Company does not guarantee or
warrant that the information provided is accurate, and
you use the site at your own risk. The information
provided may not be accurate, correct or suitable for
any number of situations, including yours. You
acknowledge that the information provided on this Site
is for entertainment and enrichment value only, that
it is not a substitute for expert advice, and that you
should consult an expert or other authority before
using, acting on, or relying upon information on this
Site. The Company also does not guarantee that the
Site or posted Material or server that the Site uses
will be free of viruses or other harmful components
and disclaims all liabilty for any damage resulting
from the presence of such viruses and harmful
components.
Gainbrain
ALSO MAKES NO WARRANTY OR GUARANTEE AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF OR RELIANCE ON
MATERIAL ON THE SITE. Gainbrain MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED, PROMISED,
CONTRACTED FOR, OR OBTAINED THROUGH THIRD PARTY SITES
ASSOCIATED WITH Gainbrain , AND DISCLAIMS ALL
LIABILITY FOR DAMAGES OF ANY TYPE INCURRED AS A RESULT
OF THE USE OR RELIANCE ON GOODS AND SERVICES PROVIDED
BY THIRD PARTIES.
Limitation
of liability
Gainbrain TOTAL LIABILITY TO YOU FOR ALL CLAIMS,
ACTIONS, DEMANDS, JUDGMENTS, OR DAMAGES ARISING OUT OF
OR IN CONNECTION WITH THE SITE SHALL BE LIMITED TO THE
COST OF ACCESSING THE SITE, IF ANY. TO THE FULLEST
EXTENT ALLOWED BY LAW, Gainbrain SHALL NOT BE LIABLE
FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT
DAMAGES, WHETHER FORESEEABLE OR NOT, RESULTING FROM
YOUR ACCESS TO OR USE OF THE SITE AND THE SITE
MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR
OTHERWISE. The above exclusion may not apply to You if
your jurisdiction does not allow limitation or
exclusion for consequential or incidental damages.
Indemnity
You agree to indemnify and hold harmless Gainbrain ,
its directors, employees, and agents from and against
any claims, actions or demands of any type made by any
third party arising from or in connection with your
use of the Site or your violation of this Agreement.
General
This Agreement will be governed by the law of
Auckland, New Zealand, without regard to its conflicts
of law provisions.
This
Agreement does not in any way foreclose or limit any
other rights, claims, or actions the Company has under
the law, or may have under the law.
The
bold headings in the Agreement are for ease of use and
have no binding effect.
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