IV Capital Partners -Ver.
Indemnification You agree to defend, indemnify, and hold harmless IV Capital Partners and its officers, directors, employees, agents, representatives, third party providers and licensors from any claims, costs, losses, damages, judgments, and expenses, including without limitation reasonable attorney’s fees, relating to or arising out of any breach of this Agreement or any use of the Site or any Service by you, or by any other person using the Site through you or using your computer. This indemnification clause is intended to be only as broad as is permitted by the laws of the Commonwealth of California. Disclaimer Of Warranty THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” USE OF THE SITE IS AT YOUR SOLE RISK. SOME SITE CONTENT AND SERVICES MAY BE PROVIDED BY THIRD PARTY PROVIDERS AND OTHER USERS. IV CAPITAL PARTNERS IS ONLY A DISTRIBUTOR OF, NOT A PUBLISHER OF, AND HAS NO EDITORIAL CONTROL OVER SUCH CONTENT. ANY, STATEMENT (OPINION, OFFER, INFORMATION OR OTHER) OR SERVICE GIVEN OR PROVIDED BY ANY THIRD PARTY (INCLUDING ANY REGISTERED REPRESENTATIVE, BROKER/DEALER, MERCHANT, OR LICENSOR) IS THAT OF SUCH PROVIDER AND NOT OF IV CAPITAL PARTNERS . TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IV CAPITAL PARTNERS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER IV CAPITAL PARTNERS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES REPRESENT, GUARANTEE, OR WARRANT
(i) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY OPINION, RECOMMENDATION, OR OTHER INFORMATION OBTAINED THROUGH THE SITE OR ANY PROVIDER;
(ii) THE AVAILABILITY FOR SALE, RELIABILITY, OR QUALITY OF ANY PROPERTY OR SERVICES OBTAINED THROUGH THE SITE;
(iii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE;
(iv) UNINTERRUPTED OR SECURE ACCESS TO THIS SITE AND/OR THE SERVICES; OR
(v) THAT THE FILES AVAILABLE FROM THIS SITE AND ANY SERVICE WILL BE FREE FROM INFECTIONS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATING OR DESTRUCTIVE COMPUTER CODE.
IV CAPITAL PARTNERS HEREBY DISCLAIMS, AND YOU HEREBY WAIVE AND RELEASE IV CAPITAL PARTNERS FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS, OR REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, OR THE PROVIDERS, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF IV CAPITAL PARTNERS . Limitation Of Liability IN NO EVENT SHALL IV CAPITAL PARTNERS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF
(i) USE OF THE SITE BY ANY PERSON, INCLUDING WITHOUT LIMITATION ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS IN, ANY INFORMATION ACCESSED THROUGH THE SITE, OR
(ii) ANY PROPERTY OR SERVICES DISCUSSED, PURCHASED, OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SITE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.