DISCLAIMER
OF WARRANTIES THE PRODUCTS AND SERVICES ARE PROVIDED
"AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO
THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST
EXTENT PERMITTED BY LAW, CHARTFILTER DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO
THE FULLEST EXTENT PERMITTED BY LAW, CHARTFILTER
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED
IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY
INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS
AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE
PRODUCTS AND SERVICES. CHARTFILTER SIMILARLY DISCLAIMS,
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES
FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE
PRODUCTS AND SERVICES. YOU EXPRESSLY UNDERSTAND
AND AGREE THAT CHARTFILTER DISCLAIMS ANY AND ALL
RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT,
COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY
OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE
PRODUCTS AND SERVICES. CHARTFILTER DISCLAIMS ANY
RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE,
MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION
OR MATERIAL. CHARTFILTER DISCLAIMS ANY RESPONSIBILITY
OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING
OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH
THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION,
FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION
OR DESTRUCTIVE FEATURES. CHARTFILTER MAKES NO WARRANTY
REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER
WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY CHARTFILTER
Some jurisdictions
do not allow the disclaimer of implied warranties.
In such jurisdictions, the foregoing disclaimers
may not apply to you insofar as they relate to implied
warranties.
LIMITATION
OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE
THAT UNDER NO CIRCUMSTANCES SHALL CHARTFILTER BE
LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE
OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES.
SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF
CHARTFILTER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL
APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM
INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM
THE INTERRUPTION, SUSPENSION, OR TERMINATION OF
THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON
OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH
ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED
IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL
APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR
LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT
TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS
AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT
APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO,
THE CHARTFILTER NETWORK. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO
CIRCUMSTANCES SHALL CHARTFILTER BE HELD LIABLE FOR
ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY
OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES
BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT
LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT
FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES,
OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES,
STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL
DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES,
FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL
ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR
TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR
LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.