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THE SITE AND ALL EYEKONECT MATERIALS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EYEKONECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS (THE “EYEKONECT PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES (I) WARRANTIES OF TITLE AND NON-INFRINGEMENT, (II) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, (III) WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, TIMELINESS, QUALITY, SAFETY OR COMPLETENESS OF ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE, (IV) WARRANTIES THAT THE SITE WILL BE AVAILABLE FOR USE, UNINTERRUPTED, ERROR FREE OR SECURE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS OF THE SITE WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED, (V) WARRANTIES THAT THE SITE (INCLUDING FILES AVAILABLE FOR DOWNLOAD FROM OR THROUGH THE SITE) OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE, OR STATEMENT OF EYEKONECT OR ITS AFFILIATES, SUPPLIERS, AGENTS, CUSTOMERS, OR USERS, WHETHER MADE IN THESE TOU, ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOUR USE OF THE SITE AND ANY AND ALL INFORMATION OR CONTENT THAT YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN FROM OR THROUGH THE SITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL EYEKONECT OR THE EYEKONECT PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR YOUR USE OF OR RELIANCE ON ANY INFORMATION OR CONTENT THAT YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN FROM OR THROUGH THE SITE
UNDER NO CIRCUMSTANCES SHALL EYEKONECT OR THE EYEKONECT PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED IN CONNECTION WITH ANY MISREPRESENTATION OR OTHER BREACH OF THESE TOU BY ANOTHER USER, OR ANY COMMUNICATION, ACTIVITY, BUSINESS DEALING OR TRANSACTION BETWEEN YOU AND ANY OTHER THIRD PARTY
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REGARDLESS OF THE FORM OF ACTION, WHETHER TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, OR OTHERWISE, IN NO EVENT SHALL THE EYEKONECT PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGE OR EXPENSE, INCLUDING LOSS OF BUSINESS, LOST PROFITS OR OTHER ECONOMIC DAMAGE OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF (OR YOUR INABILITY TO USE) THE SITE OR ANY EYEKONECT MATERIALS, OR ARISING FROM ANY OTHER CAUSE, EVEN IF THE EYEKONECT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGE OR EXPENSE.
