PROVIDES THE SERVICE "AS IS,"
"WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, HERIDIAN, ITS AFFILIATES, RESELLERS, DISTRIBUTORS,
SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, AN "HERIDIAN PARTY" AND COLLECTIVELY,
THE "HERIDIAN PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED. THE HERIDIAN PARTIES DISCLAIM ANY AND ALL WARRANTIES OR
CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1)
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS
AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF
DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR
USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO
WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
9. LIABILITY
LIMITATION; YOUR EXCLUSIVE REMEDY.
IN NO EVENT WILL ANY HERIDIAN PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT
LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES
ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE
SERVICE, EVEN IF SUCH HERIDIAN PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR
EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL
PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS
APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT,
(2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE
EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF
YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS
CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY HERIDIAN
PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SERVICE.
10. CHANGES TO THE
SERVICE; ADDITIONAL LIABILITY LIMITATION.
WE MAY CHANGE THE SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON.
WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS 9 AND 10, THE HERIDIAN PARTIES
ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION,
ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE,
DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT,
TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS
9 AND 10, HERIDIAN IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER
DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICE, (2) ANY
INCOMPATIBILITY BETWEEN THE SERVICE AND OTHER WEB SITES, SERVICES, SOFTWARE AND
HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING,
CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH
THE SERVICE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY
TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES
AVAILABLE FROM THIRD PARTIES THROUGH LINKS. THE LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS CONTRACT APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY
MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
11. CUSTOMER SUPPORT.