Post by
Ace2cool »
https://forums.nicoclub.com/ace2cool-u95120.html
Sun Dec 26, 2010 4:47 pm
Beat me to it, Matt.
Here's the "we don't hold any responsibility once you give us your CC#" clause:
YOUR USE OF BidFan IS AT YOUR SOLE RISK. BidFan PROVIDES THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY BidFan ON AN "AS IS" AND "AS AVAILABLE" BASIS. BidFan AND ITS PROVIDERS RENOUNCE ALL IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
BidFan DOES NOT WARRANT OR DECLARE IN ANY CONTEXT, EXPRESS OR IMPLIED, THE BidFan OPERATIONS, WEBSITE SECURITY, CONSEQUENCES OR ACTIONS RESULTING FROM THE USE OF BidFan, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING EMAIL, OR WEBSITE INFORMATION, CONTENT, MATERIALS OR PRODUCTS. IN ADDITION TO THE AFOREMENTIONED TERMS, BIDFAN DOES NOT CONFIRM THE ACCURACY, RELIABILITY OF THE SITE; THAT YOUR REQUIREMENTS OF THE SITE WILL BE MET; THAT THE SITE WILL BE ACCESIBLE AT ANY CERTAIN TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY CORRECTIONS TO ALL DEFECTS OR ERRORS WILL BE MADE; OR THAT THE SITE MATERIALS ARE RESISTANT TO VIRUSES OR ADDITIONAL HAZARDOUS ELEMENTS. YOU MAY DOWNLOAD OR OBTAIN THE SERVICES OR SOFTWARE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND DAMAGES INCURRED THROUGH THESE FORMS OF USE INCLUDING COMPUTER SYSTEM FAILURE OR LOSS OF DATA AS A RESULT OF DOWNLOADING AND/OR INSTALLATING SAID SOFTWARE ARE YOUR SOLE RESPONSIBLILITY. YOU MAY BE EXEMPT FROM THE WARRANTIES OUTLINED IN THIS STATEMENT AS IT IS NOT APPLICABLE IN SOME STATES OR OTHER JURISDICTIONS.
ADVICE OR INFORMATION, IN ORAL OR WRITTEN FORM, THAT IS OBTAINED BY YOU FROM THE WEBSITE OR SERVICE WILL NOT CONSTITUTE ANY WARRANTY IS NOT EXPRESSLY STATED IN THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT BidFan WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USING OR INCORRECTLY USING THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE TERMS OF THIS SECTION AND ITS LIMITATIONS ARE APPLICABLE WITHOUT ANY DEPENDENCE ON ANY INFORMATION OBTAINED FROM BidFan OR THAT RESULT FROM ANY OF THE FOLLOWING OCCURANCES: MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, FAILURE IN COMMUNICATIONS, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT BidFan HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY AGREES AND UNDERSTANDS THAT THIS PARAGRAPH WILL BE APPLICABLE TO ALL CONTENT, MERCHANDISE, AND SERVICES OFFERED THROUGH BidFan.
SAID LIMITATION OF LIABILITY WILL BE APPLICABLE WHETHER THE DAMAGES RESULT FROM USE OR MISUSE OF AND DEPENDENCE ON BidFan SERVICES OR ITEMS PURCHASED THROUGH BidFan, FROM INABILITY TO UTILIZE BidFan' SERVICES OR ITEMS PURCHASED THROUGH BidFan, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF BidFan' SERVICES (INCLUDING SUCH DAMAGES EXPERIENCED BY THIRD PARTIES).
YOU MAY BE EXEMPT FROM THE TERMS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OUTLINED IN THIS STATEMENT AS IT IS NOT APPLICABLE IN SOME STATES OR OTHER JURISDICTIONS.