Limitations of Liability

Disclaimers: Limitations of Liability

A. DISCLAIMER OF LIABILITY

NEITHER LAWI, LAWI’S THIRD PARTY PROVIDERS, THE LAWI PROJECT FAMILY, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE PROJECTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LAWI PARTIES”), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE PROJECTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PROJECTS OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE PROJECTS, INCLUDING, WITHOUT LIMITATION, ALL LAWI COMMUNICATION FEATURES.

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE LAWI TERMS OF SERVICE, THE PROJECTS AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THEREON ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SOE PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE PROJECTS, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE PROJECTS, IS AT YOUR SOLE RISK.

B. LIMITATION OF LIABILITY

SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE STATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

IN NO EVENT WILL ANY OF THE SOE PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE PROJECTS, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE STATION OR ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE STATION; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE STATION, EVEN IF SOE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY SOE PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING THE PROJECTS, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THE PROJECTS.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH STATES OR JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION VIII MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE SOE PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH SOE PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THIS AGREEMENT.

NEITHER THE SOE PARTIES NOR THE SONY FAMILY ENDORSES OR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE STATION, INCLUDING, WITHOUT LIMITATION, ALL SOE COMMUNICATION FEATURES OF THE STATION, BY ANYONE OTHER THAN AUTHORIZED SOE EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL SOE, ANY SOE THIRD PARTY PROVIDER, THE SONY FAMILY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE STATION, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE STATION, INCLUDING, WITHOUT LIMITATION, ALL SOE COMMUNICATION FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE PROJECTS, INCLUDING, WITHOUT LIMITATION, ALL LAWI COMMUNICATION FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

NEITHER THE LAWI PARTIES NOR THE LAWI FAMILY ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE PROJECTS AND NONE OF THE LAWI PARTIES OR THE LAWI FAMILY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE USE OR PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


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