Disclaimer of Warranties
In using this Site and its Services, you expressly understand
and agree that
- The Site and the Services contained on it are provided
on an “as is” and “as available”
basis and that use of the Site and Services is at your own
risk.
- RKS disclaims all warranties of any kind, whether by
express or implied, including, but not limited to the implied
warranties or merchantability, fitness for a particular
purpose and non-infringement.
- RKS makes no warranties regarding the accuracy, reliability,
quality or availability of service of any products, materials
or services made available on the Site
- Any damage to your computer or loss of data that results
from the use of the Site or Services, or from the download
of any material will be your sole responsibility and is
done at your own discretion.
- No advice or information obtained from the Site or its
Services, whether written or oral, shall create any warranty
not expressly stated.
Further, RKS makes no warranty or condition that:
- The Services will meet your requirements
- The Services will be uninterrupted, timely, secure or
error-free
- The results that may be obtained from the use of the Services
will be accurate or reliable
- The quality of any products, Services, information, or
other material purchased or obtained by you through the
Services will meet your expectations
- Any errors in the software will be corrected
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Limitation of Liability
To the extent not prohibited by applicable law, RKS is not
liable for any direct, indirect, incidental, special, consequential,
punitive, or exemplary damages, including but not limited
to, damages for loss of profits, revenue, goodwill, use, data,
electronically transmitted orders or other economic advantage
(even if RKS has been advised of the possibility of such damages),
however caused and regardless of the theory of liability,
whether in contract (including fundamental breach), tort (including
negligence) or otherwise, arising out of, or related to:
- The use or inability to use the Services;
- The cost of procurement of substitute goods and Services
purchased or obtained or messages received or transactions
entered into though or from the Services;
- Unauthorised access to or alteration of your transmissions
or data;
- Statements or conduct of any third party on the Services
or Site;
- Any other matter relating to the Services, including
content you may download, use, modify or distribute from
the Site.
The user has the sole responsibility for
adequate protection and backup of data and/or equipment used
in connection with the Site and will not make a claim against
RKS for lost data, re-run time, inaccurate output, work delays
or lost profits resulting from the use of content.
The user agree to hold RKS harmless from,
and user covenant not to take any legal action against RKS
for any claims based on using the Site, whether in contract
(including fundamental breach), tort (including negligence)
or otherwise except where RKS is prevented by law from making
such exclusions or limitations. |