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Liability Disclaimer
The
information, software, products, and services included in or
available through the PeakAlpha sites/services may include
inaccuracies or typographical errors. Changes are periodically
made to the PeakAlpha sites/services and to the information
therein. PeakAlpha and/or its respective suppliers may make
improvements and/or changes in the PeakAlpha sites/services at
any time.
PeakAlpha.com
and/or its respective suppliers make no representations about
the suitability, availability, lack of viruses or other
harmful components and accuracy of the information, software,
products, services and related graphics contained within the
PeakAlpha sites/services for any purpose. All such
information, software, products, services and related graphics
are provided "as is" without warranty of any kind.
PeakAlpha and/or its respective suppliers hereby disclaim all
warranties and conditions with regard to this information,
software, products, services and related graphics, including
all implied warranties and conditions of merchantability,
fitness for a particular purpose, workmanlike effort, title
and non-infringement.
This site
may contain links to other web sites operated by third parties
("linked sites"). You acknowledge that, when you
click on a link to visit a linked site, a frame may appear
that contains the PeakAlpha logo, advertisements and/or other
content selected by PeakAlpha. You acknowledge that PeakAlpha
and its sponsors neither endorse nor are affiliated with the
linked site and are not responsible for any content of any
linked site or any link contained in a link site, or any
changes or updates to such sites. You also acknowledge that
PeakAlpha is providing these links to you only as a
convenience.
You
specifically agree that PeakAlpha shall not be responsible for
unauthorized access to or alteration of your transmissions or
data, any material or data sent or received or not sent or
received, or any transactions entered into through an
PeakAlpha site/service. You specifically agree that PeakAlpha
is not responsible or liable for any threatening, defamatory,
obscene, offensive or illegal content or conduct of any other
party or any infringement of another's rights, including
intellectual property rights. You specifically agree that
PeakAlpha is not responsible for any content sent using and/or
included in an PeakAlpha site/service by any third party.
In no
event shall PeakAlpha and/or its suppliers be liable for any
direct, indirect, punitive, incidental, special, consequential
damages or any damages whatsoever including, without
limitation, damages for loss of use, data or profits, arising
out of or in any way connected with the use or performance of
the PeakAlpha sites/services, with the delay or inability to
use the PeakAlpha sites/services or related services, the
provision of or failure to provide services, or for any
information, software, products, services and related graphics
obtained through the PeakAlpha sites/services, or otherwise
arising out of the use of the PeakAlpha sites/services,
whether based on contract, tort, negligence, strict liability
or otherwise, even if PeakAlpha or any of its suppliers has
been advised of the possibility of damages. PeakAlpha does not
endorse in anyway any advertisers/ contents of advertisers on
its webpages. Please therefore verify the veracity of all
information on your own before undertaking reliance and
actioning thereupon. PeakAlpha shall not be responsible nor
liable for any consequential damages arising on account of
your relying on the contents of the advertisement.
Use
of the PeakAlpha sites/services is unauthorized in any
jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this
paragraph. You agree to indemnify and hold PeakAlpha, its
subsidiaries, affiliates, officers and employees, harmless
from any claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party due to or arising
out of your use of or conduct on the PeakAlpha sites/services.
PeakAlpha reserves the right to disclose any personal
information about you or your use of the PeakAlpha
sites/services, including its contents, without your prior
permission if PeakAlpha has a good faith belief that such
action is necessary to:
(1) conform to legal requirements or
comply with legal process;
(2) protect and defend the rights
or property of PeakAlpha or its affiliated companies;
(3)
enforce the terms or use; or
(4) act to protect the interests
of its members or others.
PeakAlpha performance of this
agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of
PeakAlpha's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of
the PeakAlpha sites/services or information provided to or
gathered by PeakAlpha with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the
entire agreement between the user and PeakAlpha with respect
to the PeakAlpha sites/services and it supersedes all prior or
contemporaneous communications and proposals, whether
electronic, oral or written, between the user and PeakAlpha
with respect to the PeakAlpha sites/services. |
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