Disclaimer of warranties
You expressly understand and agree that, to the extent permitted by applicable law:
1. Your use of the warnow.biz services is at your own risk. The warnow.biz services, including, without limitation, the websites, content, in-app purchases, user engagement, any products or services available on the warnow.biz services, and all materials, information, software, facilities, services, and other content therein are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permitted by applicable law, warnow.biz disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. warnow.biz and its subsidiaries, affiliates, “affiliates”, officers, employees, agents, partners and licensors (collectively, the warnow.biz Parties) make no warranties or representations that: (i) the warnow.biz Services will meet your requirements; (ii) your use of the warnow.biz Services will be uninterrupted, timely, secure or error-free; (iii) the warnow.biz Services or the server that makes the warnow.biz Services available are free of any harmful components, including, without limitation, viruses; (iv) the results that may be obtained from your use of the warnow.biz Services will be accurate or reliable; (v) the quality of any services, information or other materials obtained by you through the warnow.biz Services will meet your expectations; and (vi) any errors in the software will be corrected.
2. warnow.biz does not guarantee, endorse, warrant or assume responsibility for any content, user engagement or products or services advertised or offered by a third party through the warnow.biz service or displayed in any banner or other advertising, and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of action of any kind or nature based on or arising out of the foregoing. warnow.biz will not be a party to or in any way responsible for monitoring any transaction between you and any third party product or service provider.
3. warnow.biz does not warrant that your use of the warnow.biz Services is legal in any particular jurisdiction, and warnow.biz specifically disclaims such guarantees. by accessing or using the warnow.biz Services, you represent and warrant that your activities are lawful in each jurisdiction where you access or use the warnow.biz Services.
Limitation of liability
1. To the extent not prohibited by law, in no event will the warnow.biz Parties be liable to you for any loss or damage of any kind (including, without limitation, any direct, indirect, incidental, special, punitive or any consequential damages) arising directly or indirectly out of or in connection with any of the: (i) warnow.biz Services; (ii) Content; (iii) In-App Purchases; (iv) User Engagement; (v) Your use of, inability to use, or performance of the warnow.biz Services; (vi) any actions taken in connection with an investigation by the warnow.biz Parties or law enforcement authorities regarding your or any other use of the warnow.biz Services; (vii) any actions taken in connection with copyright or other intellectual property owners; (viii) any errors or omissions in the operation of the warnow.biz Services; or (ix) any damage to any user’s computer, mobile device or other equipment or technology including, without limitation, damage from any breach of security or from any virus, bug, tampering, fraud, error, omission, interruption, malfunction, delay in operation or transmission, computer line or network failure or any other technical or other failure, including, without limitation, damages for lost profits, loss of goodwill, loss of data, business interruption, accuracy of results or computer malfunction or failure, even if foreseeable or even if the warnow.biz parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, force majeure, telecommunications failure or theft or destruction of service). In no event shall the warnow.biz parties be liable to you or anyone else for any loss, damage or injury, including, without limitation, death or personal injury. the above limitation of liability will apply to
to the fullest extent permitted by law in the applicable jurisdiction. the maximum aggregate liability of the warnow.biz parties to you for any claim under this agreement, whether in contract, tort or otherwise, shall be $100.
2 Any provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is an allocation of risk under this Agreement between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this Agreement. The limitations in this section shall apply even if any limited remedy fails of its essential purpose.
3 you agree that in the event you suffer any damage, loss or injury arising out of warnow.biz‘s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the warnow.biz parties, and you will have no right to prohibit or restrict the development, production, distribution, advertising, display or exploitation of any website, property, product, service or other content owned or controlled by warnow.biz parties.
4 you expressly acknowledge that warnow.biz shall not be liable for the content or defamatory, offensive or illegal conduct of any third party and that the risk of injury or damage from the foregoing rests entirely with you.
5 by accessing the service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and pursuant to such waiver, you acknowledge that you have read and understand, and hereby expressly waive the benefit of, section 1542 of the California Civil Code, and any similar law of any state or territory, which provides the following: “a general release does not apply to claims that the creditor does not know or suspect to exist in his favor at the time of the execution of the release, which, if he knew, must have materially affected his settlement with the debtor.”
6 warnow.biz is not responsible for the actions, content, information or data of third parties, and you release us, our directors, officers, employees and agents from any and all claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third party.
