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PHOSTOXER TERMS OF USE
This site is owned and operated by Phostoxer. Your use of this website and any materials available herein identifies that you agree to the following terms of use (hereinafter referred to ?Terms of Use?). If you do not agree to these terms then you should leave this website immediately (hereinafter referred to as ?Site?, not use any of the materials available herein, and/or not subscribe to this service.
COPYRIGHTED MATERIALS.
LIMITATION OF WARRANTY.
EXCEPT AS PROVIDED IN THE END USER LICENSE
AGREEMENT, IF ANY, THAT IS ATTACHED TO THE SITE, PHOSTOXER LLC MAKES NO
REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED
DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE
IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT,
AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY PHOSTOXER LLC
WITH RESPECT TO THE SITE, CONTENT AND MATERIALS. PHOSTOXER LLC DOES NOT
WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE
FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER
DAMAGING ELEMENTS, OR THAT PHOSTOXER LLC WILL CORRECT ANY ERRORS,
OMISSIONS OR DEFECTS.
YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT. IN NO EVENT WILL PHOSTOXER LLC OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF PHOSTOXER LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF PHOSTOXER LLC OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
These Terms of Use contain the entire understanding of the parties
hereto relating to any use of this Site and supersedes any prior written
or oral agreement or understandings between the parties with respect to
this Site, and cannot be changed or terminated orally. The invalidity
or unenforceability of any provision of these Terms of Use will not
affect the validity or enforceability of any other provision of these
Terms of Use. Phostoxer LLC reserves the right to modify or terminate
these Terms of Use without notice, if, in Phostoxer LLC sole discretion,
you fail to comply with any term of these Terms of Use. Upon
termination, you must destroy all materials obtained from this Site,
copies and related documentation thereof. In addition, Phostoxer LLC
reserves the right to terminate this Site without notice.