BY ACCESSING, USING OR ATTEMPTING TO USE THE SERVICES IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
1. Agreement Conditions
QuickX reserves the right to modify or change the Terms at any time and at its sole discretion. QuickX will provide notice of these changes by updating the revised Terms on the webpage and changing the “[Last revised: ]” date on this page. Any and all modifications or changes to these Terms will be effective immediately upon being announced on the website or released to users. As such, your continued use of QuickX’s services acts as acceptance of the amended agreement and rules. If you do not agree to any modification to these Terms, you must stop using the Services. QuickX encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We do not guarantee that our site or any content on it, will always be available or be interrupted. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
By registering to use a QuickX Account, you represent and warrant that you (a) are at least 18 years old or of legal age to form a binding contract under applicable law, (b) are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms and further you are not prohibited from owning the QuickX Token as per your local laws and QuickX . If you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you represent and warrant that you have all necessary rights and authority to bind such legal entity.
3. RISK DISCLOSURE:
BY PARTICIPATING IN THE QuickX AND BY PURCHASING OR HOLDING QuickX TOKENS YOU ARE VOLUNTARILY CHOOSING TO ENGAGE IN SOPHISTICATED AND RISKY FINANCIAL TRANSACTIONS. YOU ARE FURTHER ACKNOWLEDGING THAT YOU ARE AWARE OF THE MANY RISKS ASSOCIATED WITH THE USE OF THE SERVICES, PARTICIPATING IN THE PURCHASE OF CRYPTOCURRENCY, PURCHASING OR HOLDING TOKENS AND WITH ENGAGING IN TRANSACTIONS IN CRYPTOCURRENCIES, INCLUDING BUT NOT LIMITED TO, RISKS OF FINANCIAL LOSS, TECHNOLOGY GLITCHES (INCLUDING BUT NOT LIMITED TO PROBLEMS WITH BLOCKCHAIN TECHNOLOGY AND DISTRIBUTED LEDGER TECHNOLOGY), AND HACKING.
BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT QuickX IS NOT RESPONSIBLE FOR THE AFOREMENTIONED RISKS, AND YOU VOLUNTARILY ASSUME AND ACCEPT SUCH RISKS IN DECIDING TO PARTICIPATE IN OR TO PURCHASE QuickX TOKENS.
4. YOUR ACCOUNT / WALLET:
Certain services provided through the Services may only be available to you upon registration for your account. By registering, you represent and warrant to QuickX that:
(a) you are at least 18 years of age or older and the age of majority for using the Services in the jurisdiction where you reside as of the time you register with us and the buying of token and dealing in cryptocurrency is legal as per your local law;
(b) all information provided by you to us during the registration process is truthful, accurate and complete;
(c) you have an understanding of cryptocurrencies and the technology that underlies them;
(d) you can afford to lose all amounts used to purchase cryptocurrencies through the Services; and
(e) you will comply with all terms and conditions of these Terms.
As a registered user, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.
The Representatives will rely on the information you provide. You will be responsible for any and all loss, damage, or additional costs that the Representatives or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you submit via the Services. You acknowledge that you are solely responsible for maintaining the confidentiality of your account credentials (including any user names, passwords or security tokens created or provided) and that you will be responsible for any loss resulting from any unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your account. Similarly, you are responsible for verifying and maintaining the protection, security, and distribution of your account information, including account numbers, user names, and passwords.
All liability relating to password management resides with you and under no circumstances, including negligence or misconduct, will we be liable for any damages that result from the use of your account. You can cancel your account at any time by doing so from your account settings page and requesting that your account be deleted.
You the Buyer hereunder confirms, represents and warrants that he/she will use only a wallet he/she have a private key in order to receive purchased QuickX Token.
4. TOKEN PURCHASES AND SALE
You / the Buyer expressly accepts all terms and conditions described herein and agrees to be bound thereby and comply therewith. The token price shall be as provided / mentioned at the website. The Buyer cannot purchase QuickX Tokens without successful completing KYC Policy. Only if KYC procedure would be successful, the Buyer would be a lawful holder of QuickX Tokens. The Seller is not liable for the inability of the Buyer to receive or use QuickX Token because of Buyer’s failure to follow any of the requirements and procedures of the Seller or due to any possible misrepresentations of the Buyer and shall not make any refunds of prior contributions.
The QuickX Tokens sold there will be locked up for the first __________ months following the end of the Public Sale and will then be gradually released thereafter. No refunds and/or cancellations are applicable to Pre-Sale and Public Sale, unless otherwise specified in this terms and clause.
The funds used for the payment hereunder shall not directly or indirectly come from any illegal sources. The Buyer hereby expressly represents and warrants that he/she is not using any proceeds of criminal or illegal activity, including money laundering of any form. The Buyer agrees to hold the Seller harmless of any investigation or proceedings related to the source of Buyer’s funds transferred to the Seller in the course of QuickX Token Sale. The buyer also warrants to the Seller that no transaction involving QuickX Tokens (XDT) will be used to facilitate any criminal or illegal activity, including money laundering and terrorism financing.
Purchased QuickX Tokens may be sold and transferred by the Buyer at any time after Public Sale ends via cryptocurrency exchanges at his/her own risk and without any interference of the Seller, provided that QuickX Tokens are listed on any of the cryptocurrency exchanges. The Buyer acknowledges that the Seller cannot ensure and/or secure listing of the QuickX Tokens on such exchanges as it is the discretion of cryptocurrency exchanges whether to list QuickX Tokens.
5. CONDITIONS AND RESTRICTIONS
QuickX may, at any time and in its sole discretion, refuse any Purchase request and impose limits on the amounts of Purchases that can be completed, on a daily or other periodic basis or otherwise, or impose any other conditions or restrictions upon your participation in or your use of the Services, without prior notice.
6. REPRESENTATIONS AND WARRANTIES:
By using the website /and/or purchasing the QuickX Token hereunder, You / the Buyer represents and warrants that: (a) he/she is of an age of majority to enter into this Agreement, meets all other eligibility and residency requirements, and is fully able and legally competent to agree on the terms, conditions, obligations, affirmations, representations and warranties set forth herein; (b) he/she has an in-depth knowledge and deep understanding of the cryptoassets market, Blockchain-based systems and cryptocurrencies; (c) he/she is aware of and knows how to manage all the merits, risks and any restrictions associated with crypto market, Blockchain-based systems and cryptocurrencies; (d) he/she understands that crypto market is highly speculative and volatile in nature and that this Agreement is in no way an investment advice or an offer to invest; (e) he/she agrees and acknowledges that QuickX Tokens are not to be construed, interpreted, classified or treated as: any kind of currency other than cryptocurrency; debentures, stocks or shares issued by any person or entity; rights, options or derivatives in respect of such debentures, stocks or shares; rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss; units in a collective investment scheme; units in a business trust; derivatives of units in a business trust; or any other security or class of securities.
7. DISCLAIMER; RISK DISCLOSURES; ASSUMPTION OF RISKS:
To the fullest extent permitted by applicable Law and except as otherwise specified in writing by QuickX, Tokens are made available without any warranties or representations of any kind, and QuickX expressly disclaims all warranties and representations relating to the Token (whether express or implied), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Participating in purchasing Tokens and using any Services provided by QuickX involve significant risks and potential for financial losses, including without limitation the following:
- The features, functions, characteristics, operation, use and other properties of the Token (“Token Properties”) and the software, networks, protocols, systems, and other technology (including, if applicable, any blockchain) (“Underlying Technology”) used to administer, create, issue, transfer, cancel, use or transact in the Token, may be complex, technical or difficult to understand or evaluate.
- The Token and its Underlying Technology may be vulnerable to attacks on the security, integrity or operation of the Token or its Underlying Technology (“Attacks”), including Attacks using computing power sufficient to overwhelm the normal operation of a blockchain or other Underlying Technology.
- The Token, Token Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an Attack. These changes may include, without limitation, a “rollback” of a Token or blockchain.
- The Token may be cancelled, lost or double spent, or otherwise lose all or most of its value, due to forks, rollbacks, Attacks, changes to Token Properties or failure of the Token to operate as intended.
- QuickX may not support, or may suspend or cease to support, Deposits, Withdrawals, Orders or Transaction as regards the Token at any time at the QuickX’s discretion. Other exchanges and service providers may not support the Token or may suspend or cease to support the Token.
- The Token may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to Token Properties or perceived value of Token Properties, Attacks, suspension of the Token or other exchanges or service providers, and other factors.
- The Token may decrease in value or lose all of its value due to legislative or regulatory activity, or other government action. Government regulation of Tokens is mainly unsettled and rapidly evolving.
- Unauthorized third parties may access or use your Account with us and effect Orders and/or Transactions without your knowledge or authorization, whether by obtaining the password to your Account with us, obtaining control over another device or account used by you in connection with any enhanced security measures enabled for your account, or by other methods.
You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against QuickX, its Affiliates and their respective shareholders, members, directors, officers, employees, agents, successors in title and/or assignees, and/or Representatives related to any of the risks set forth herein.
You represent and warrant that you have:
(a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of the Token if you decide to participate in the Cryptocurrency; and
(b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of the Token and the Cryptocurrency.
You accept the risk of purchasing Tokens by using the Services, and are responsible for conducting your own independent analysis of the risks specific to the Token and the Services. You should not acquire any Tokens unless you have sufficient financial resources and can afford to lose all value of the Tokens.
8. Additional Representations and Warranties
In addition to above clauses and any other provision of these Terms, you hereby represent and warrant to QuickX that:
- you have read and understood these Terms and the User Agreement;
- you are 18 years or older, have the necessary authority, capacity and consent to accept these Terms and the User Agreement and to enter into a binding agreement with QuickX;
- the acceptance of these Terms and the User Agreement shall not result in any breach of, be in conflict with, or constitute a material default under: (i) any provision of your constitutional or organizational documents (in the case of a legal entity including, without limitation, any company or partnership); (ii) any provision of any judgment, decree or order imposed on you by any court or governmental or regulatory authority; and/or (iii) any material agreement, obligation, duty or commitment to which you are a party or by which you are bound;
- you have sufficient understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, token storage facilities (including digital token wallets), blockchain technology and blockchain-based software systems;
- you have obtained sufficient information about the potential future use and functionality of the Token to make an informed decision to participate in pursuant to these Terms;
- you understand that the Tokens do not confer any rights of any kind with respect to QuickX and/or the Issuer, including, but not limited to, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property rights), or other financial or legal rights;
- you are eligible to participate as set forth in these Terms and the User Agreement;
- you are not participating in purchasing Token or using the website for any investment, speculative or other financial purposes;
- any amount in any form of cryptocurrency transferred by you for the purchase of Tokens is not derived from or related to any unlawful activities, including but not limited to, money laundering or terrorist financing activities, and further undertake to provide any and all necessary documentation to support the source thereof, if and when required by QuickX;
- you shall not use any Tokens to finance, engage in, or otherwise support any unlawful activities;
- placing an Order, Purchasing Tokens and receiving Tokens pursuant to these Terms and the User Agreement is not unlawful or prohibited under the Laws of your jurisdiction or under the Laws of any other jurisdiction to which you may be subject and any such Order or Purchase shall be made in full compliance with applicable Laws (including, but not limited to, in compliance with any tax obligations to which you may be subject in any relevant jurisdiction);
- you will comply with any applicable tax obligations in your jurisdiction arising from your acquisition, storage, sale or transfer of any Tokens;
- you understand that Tokens are solely rights to access and use services and products to be provided as described at white paper, and do not have any attribute that provides the holder with equity, creditor or similar rights. Tokens should not be considered investments of any type, including but not limited to, any form of currency or security, and you should not expect profits of any type from acquiring Tokens, nor acquire Tokens for any type of investment purposes; and
- all of the above representations and warranties are true, complete, accurate and non-misleading from the time of your acceptance of these Terms and your participation, including at the time of any of your Token Order or Transaction on the Platform.
- You / the Buyer assumes all responsibility and risks with respect to the purchase of any amount of the QuickX Tokens and their use. The Buyer hereunder expressly agrees that, to the extent allowable by applicable law, the Seller shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any change of the value of the QuickX Tokens. The Buyer understands and expressly agrees that the Seller shall not guarantee in any way that the QuickX Tokens will be ready for sale or transfer to third parties during or after the Pre-Sale and/or Public Sale periods. The Buyer understands and agrees that it is his/her obligation to ensure compliance with any legislation relevant to his/her country of domicile concerning purchasing of the QuickX Tokens, and that the Seller should not accept any liability for any illegal or unauthorized purchase of the QuickX Tokens. The Buyer agrees to be solely responsible for any applicable direct or indirect taxes, duties, levies imposed on the acquisition, ownership and subsequent transfer of QuickX Tokens purchased hereunder.
- By purchasing QuickX Tokens, the Buyer expressly acknowledges and assumes such risks, including, but not limited to, risk of losing access to tokens due to loss of password(s), risk of cyber-attacks, risk of hacking and security weaknesses, risks associated with markets for tokens, etc.
- that the QuickX concept is still in a development stage and is yet to be proven. Thus, there is no warranty that the process of issuing QuickX Tokens will be uninterrupted or error-free and there is an inherent risk that the QuickX website might contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of funds and/or QuickX Tokens.
- that the Blockchain technology allows new forms of interaction and that it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing Blockchain technology-based applications, which may be contrary to the current setup of the QuickX and which may, inter alia, result in substantial modifications of the QuickX and/or the QuickX Token protocol, including its termination and the loss of QuickX Tokens for the Buyer.
- there is always a possibility of change of token sale regulations across the world, including, but not limited to, possibility of token sales’ ban in particular jurisdictions, and thus the Seller cannot be responsible for these regulatory changes, as well as cannot guarantee any refunds and cancellations in such event.
To the extent allowable pursuant to applicable law, the Buyer shall indemnify, defend, and hold the Seller and/or its subsidiaries, affiliates, directors, officers, employees, agents, successors, and permitted assignees harmless from and against all claims, damages, losses, suits, actions, demands, proceedings, expenses, and/or liabilities (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification) filed/incurred by any third party against the Buyer arising out of a breach of any warranty, representation, or obligation hereunder.
10. JURISDICTION AND DISPUTE RESOLUTION
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed and enforced in accordance with the laws of the _____________. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall exclusively be settled by the International Arbitration and Cryptography Centre Limited (hereinafter – “IACC”). The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be ____________. The language of the arbitration shall be English. The hearings will be held online in accordance with IACC Rules.
No provision of this Agreement shall be considered waived unless such waiver is in writing and signed by the party that benefits from the enforcement of such provision. No waiver of any provision in this Agreement, however, will be deemed a waiver of a subsequent breach of such provision or a waiver of a similar provision. In addition, a waiver of any breach or a failure to enforce any term or condition of this Agreement will not in any way affect, limit, or waive a party’s rights hereunder at any time to enforce strict compliance thereafter with every term and condition hereof. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated. The Seller may assign the Seller’s rights and obligations under this Agreement. Any notice or other communication given or made under this Agreement shall be and may be delivered in electronic form. The Seller shall in no way be liable for any delay or failure to perform any obligations under this Agreement as a result of a cause beyond the Seller’s reasonable control. This Agreement and purchasing shall in no way create any exclusive relationship between the Buyer and the Seller nor any partnership, joint venture, employment or agency.
11.1. Entire Agreement
These Terms and the User Agreement contain the entire agreement between you and QuickX, and supersede all prior and contemporaneous understandings between the parties regarding the QuickX Token.
If any provision of these Terms is or becomes (whether or not pursuant to any judgment or otherwise) invalid, illegal or unenforceable in any respect under the Law of any jurisdiction: (i) the validity, legality and enforceability under the Law of that jurisdiction of any other provision; and (ii) the validity, legality and enforceability under the Law of any other jurisdiction of that or any other provision, shall not be affected or impaired in any way thereby. If any court or Governmental Authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Terms will not be affected.
11.3. Change of Control
In the event that QuickX is acquired by or merged with a third party entity, or QuickX’s assets and/or business (wholly or in part) are acquired by a third party, QuickX reserves the right, in any of these circumstances, to transfer or assign the information that QuickX has collected from you, including your Personal Data, User Account Data and other information as part of such merger, acquisition, sale, transfer, or any other change of Control.
You shall not assign this Terms in any manner without the prior written consent of QuickX, and any purported assignment in contravention of the terms shall be null and void.
QuickX may assign these Terms to another Person in connection with the transfer of all or part of the QuickX‘s assets or Business to an Affiliate of QuickX or to any third party. By accepting the present Agreement, you give your irrevocable consent for the above mentioned assignment and/or transfer, including for the transfer of your Personal Data, User Account Data and other information, as well as for the transfer of any Funds on your Account (-s) hold by QuickX in the course of the Business to such another Person for the purposes of such assignment.
11.5 Accessing the Websites and Account Security
You are responsible for:
- Making all arrangements necessary for you to have access to the Websites.
You should use particular caution when inputting personal information on to the Websites on a public or shared computer so that others are not able to view or record your personal information.
12. Intellectual Property Rights
The Websites and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Foundation, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Unless otherwise marked: (a) all material, data, and information on the Websites, such as data files, text, music, audio files or other sounds, photographs, videos, or other images, but excluding any software or computer code (collectively, the “Non- Code Content”) is licensed.
The Foundation name, the terms QuickX and all related names, logos, product and service names, designs and slogans are trademarks of the Foundation or its affiliates or licensors. You must not use such marks without the prior written permission of the Foundation. All other names, logos, product and service names, designs and slogans on this Websites are the trademarks of their respective owners.
14. Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the UK or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Foundation, a Foundation employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Foundation or users of the Websites or expose them to liability.
Additionally, you agree not to:
- Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Websites.
- Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
- Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Websites.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Websites is stored, or any server, computer or database connected to the Websites.
- Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Websites.
15. Reliance on Information Posted
The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Websites includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Foundation, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Foundation. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
16. Changes to the Websites
We may update the content on this Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
17. Information About You and Your Visits to the Websites
18. Online Purchases and Other Terms and Conditions
19. Linking to the Websites and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
20. Links from the Websites
If the Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permission without notice.
21. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE FOUNDATION NOR ANY PERSON ASSOCIATED WITH THE FOUNDATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE FOUNDATION NOR ANYONE ASSOCIATED WITH THE FOUNDATION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRIANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
22. Limitation on Liability
IN NO EVENT WILL THE FOUNDATION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WHICH MAY INCLUDE FRAUD.
24. Waiver and Severability
25. Entire Agreement