9.
LIMITATIONS ON COMPANY LIABILITY
9.1 You acknowledge and agree that Company shall not be held responsible in
any way for the outcome of any contact or meeting, whether in person, by
telephone or any other means, resulting from advertisements placed or
responded to, or messages or communications sent or received by Users or
Advertisers through the Websites, or through any use, directly or
indirectly, of the Websites. You further acknowledge and agree that the
Websites does not screen any Users or Advertisers of the Websites, has no
control over their actions and makes no representations or warranties with
respect to the character, veracity, age, health or any other attribute of
Users of the Websites, including any person who places Advertisements in the
Websites; You further acknowledge and agree that the Websites does not
endorse, encourage, recommend or arrange communications or meetings among
Users of the Websites, or any other persons, and You are expected to use
common sense and take appropriate measures and precautions to insure Your
own personal safety and privacy in the event that You choose to communicate
with, or meet with any person with whom you have communicated through the
use of the public areas or chat areas of the Websites, or through
advertisements posted on the Websites.
9.2 You agree that Materials and all other services provided to You by
Company are provided on an "AS IS" basis, without warranties of any kind,
including without limitation the warranties of merchantability, fitness for
a particular purpose and non-infringement. The entire risk as to the quality
and performance of the Materials and all services provided by Company is
borne by You. Should the Materials or any other service provided by Company
prove defective and/or cause any damage to Your computer or inconvenience to
You, You, and not Company, assume the entire cost and all damages which may
result from any and all such defects. Under no circumstances and under no
cause of action or legal theory, shall Company, its suppliers, licensees,
resellers, or other Users or their suppliers, licensees, resellers or Users
be liable to You or any other person for any indirect, special, incidental,
or consequential damages of any character including, without limitation,
damages for loss goodwill, work stoppage, computer failure or malfunction,
or any and all other commercial damages resulting from any viruses, worms.
Trojan Horses or other destructive software or materials, or communications
by You or other users of the Websites, or from any use of Materials or from
any use of the Websites whatsoever. This disclaimer of warranty constitutes
an essential part of the Agreement. Some states do not allow exclusions of
an implied warranty, so this disclaimer may not apply to You and You may
have other legal rights that vary from state to state or by jurisdiction.
9.3 Any liability of Company, including without limitation any failure of
performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction
or unauthorized access to, alteration of, or use of records, whether for
breach of contract, tortuous behavior, negligence, or under any other cause
or action, shall be strictly limited to the amount of viewing fee (if any)
paid by or on behalf of the User to Company for the preceding month. Some
states do not allow the limitation or exclusion of liability for incidental
or consequential damages, so the above limitation or exclusion may not apply
to You.
9.4 Company is not liable for damages resulting from disseminating, failing
to disseminate, or incorrectly or inaccurately disseminating any Materials,
data, advertisement or other communication at or through the Websites.
9.5 No warranty is made by Company regarding any information, services,
Materials or products provided through or in connection with the Websites,
and Company hereby expressly disclaims any and all warranties, including
without limitation: 1) any warranties as to the availability, accuracy, or
content of Materials, information, products, or services; 2) any warranties
of merchantability or fitness for a particular purpose. Some states do not
allow the exclusion of implied warranties, so the above exclusion may not
apply to You.
9.6 You acknowledge that use of the Websites is at Your own risk. We do not
represent or endorse the accuracy of reliability of any advice, opinion,
statement or other information displayed, uploaded or distributed through
the Websites or by a User of the Websites or any other person or entity.