You understand and acknowledge that the Website and the Service are made available on an “AS IS” and “AS AVAILABLE” basis with no warranty of any kind, whether express or implied, as described in more detail below under the Disclaimer of Warranties section. The Website, the Service or both may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. We make no guarantees or assurances that all content is error-free. We also strongly encourage you to back-up all data and information on your device and any peripherals prior to using the Service. YOU AGREE THAT YOU ARE RESPONSIBLE FOR AND ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE WEBSITE AND SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical or other support for the Website or Service.
In providing users the Website and Service, you understand and agree that the Service may include certain communications from us. By using the Website and Service, you will be automatically deemed to have opted in to receive e–mail communication from us. Any user IDs, names or passwords associated with your account shall be maintained by you as confidential and should not be shared by you with anyone not authorized to have access to your personal information.
This Website and the content and all intellectual property rights included in or associated with the Website, including, but not limited to patents, copyrights, trademarks, service marks, and logos (collectively “Content”), are either owned by us or owned by others and licensed to us. All right, title and interest in and to the Website and Content remains with us or our licensors, as applicable.
You may not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
You may not intentionally or unintentionally violate any applicable local, state, national or international law or seek to mislead or defraud any other user of the Service, us or any affiliate, assignee, or transferee of ours, or any third party through your use of the Service.
You may not attempt to bypass any measures designed or implemented to prevent or restrict access to our systems and network or any portion thereof or to private or confidential information of ours or other users.
You may not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
You may not use, promote, or enable others to use or promote any device, software or routine that is intended to or likely to damage or interfere with the proper working of the Website or Service or involves the use of deception, false information, fraud, manipulation, avoidance, or cheating of any kind, including, without limitation, creating or utilizing programs, scripts, bots, or any method to mimic, fake or otherwise improperly simulate actual user activity on the Website, or to surreptitiously intercept or expropriate any system, data, images or other multimedia elements or personal information from the Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, transmits or is intended to transmit unsolicited mass mailings or transmits or is intended to transmit any illegal or otherwise inappropriate content via the Website, including but not limited to denial of service attacks, auto–generation techniques, “spam”, or any other unsolicited overload technique.
General Practices Regarding Use and Storage
You agree that we may establish general practices and limits concerning use of Website and the Service. You agree that we have no responsibility or liability for the deletion or failure to store any account-related information or materials, regardless of form or type, placed on, maintained, generated, or transmitted by the Service. If your account is closed, deleted or logged off for any reason, whether by you or us voluntarily or involuntarily, you may no longer have online access to any such data or materials stored or associated with your account, and we may delete or archive any such information or materials at our discretion.
You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
Linking and Third Party Content and Goods and Services
The Website and Service may contain references or links to third–party websites (collectively “Third Party Websites”). We may provide any such links only as a convenience; we do not endorse and are not responsible for or have control over the contents of any referenced or linked site or any link contained in a referenced or linked site or any content aggregated on or from a third-party website (“Third Party Content”). Third Party Content is not our information, advice or opinion or that of the Website or any person or entity affiliated with the Website. We do not routinely moderate, screen, or review Third Party Content. Nor do we necessarily endorse, approve, or agree with any of it. Use of any such Third Party Content may be conditioned upon such third party’s terms and conditions. Without being exhaustive or limiting the generality of the Limitation of Liability set forth below, you also agree that we are not responsible or liable, directly or indirectly, for any Third Party Content or the accuracy, quality, advertising, goods and services, or other resources or any losses or damages allegedly caused by, arising out or, or relating to your use or reliance on any such content, goods and services, advertising, or other resources available on or through the Website or Service or any Third Party Websites.
You agree to waive any and all claims against us related to Third Party Websites and Third Party Content and, whether completed or attempted, your accessing or use of any of the foregoing.
Laws and Regulations
You acknowledge and agree that we, regardless of the device or form factor chosen, are not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Website, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Website, the Service and/or its features.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE OR SERVICE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THIS WEBSITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY,, TIMELINESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF SUCH INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE THROUGH THE WEBSITE OR SERVICE OR RESULTS OBTAINED THROUGH YOUR USE OF THE WEBSITE OR SERVICE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, WE DO NOT WARRANT THAT THE WEBSITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVE NOTICE THAT IT IS POSSIBLE THAT THE WEBSITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE WEBSITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME.
Limitation of Liability
WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, SERVICE, OR PRODUCTS PROVIDED OR MADE AVAILABLE VIA THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA, LOSS OF OR DAMAGE TO INFORMATION, RECEIPT OR REFUSAL OF FINANCIAL SERVICES, PERSONAL INJURY, PROPERTY LOSS OR DAMAGE, OR LOSS OF OR DAMAGE TO BUSINESS OR BUSINESS OPPORTUNITY, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY US.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.
Craft3 is an equal opportunity lender and employer.
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