EMPATH INTERACTIVE, INC.
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Your access is on your own initiative and at your own risk, and you are responsible for compliance with local laws,
if and to the extent such local laws are applicable.
We reserve the right to limit the availability of ELFKINS to any person, geographic area or jurisdiction, at any time
and in our sole discretion.
5. DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASE AND INDEMNITY
Other than is provided herein ELFKINS is provided on an “as is” and “as available” basis. To the fullest extent
possible, the Company expressly disclaims all warranties of any kind, whether express, implied or statutory,
including, but not limited to the implied warranties of merchantability, and fitness for a particular purpose.
The Company makes no warranty that (i) ELFKINS will meet your requirements, (ii) the service provided will be
uninterrupted, timely, secure or error-free, (iii) the quality of ELFKINS or service purchased or obtained will meet
your expectations.
To the maximum extent permitted by law, you expressly understand and agree that the Company will not be liable
for an indirect, incidental, special, consequential, or exemplary damages, or damages for other intangible losses
(even if the Company has been advised of the possibility of such damages), whether based on contract, tort,
negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use ELKFINS; (ii) unauthorized
access to or alteration of your transmissions or data; (iii) statements or conduct of any third party; or (iv) any other
matter relating to the use of ELFKINS.
In no event will the Company’s total liability to you for all damages, losses or causes of action exceed the amount
you have paid for ELFKINS, or, if greater, one hundred dollars ($100).
You hereby agree to release, hold harmless and indemnify and defend the Company and its officers, directors,
employees and agents from and against any and all liabilities, losses, damages, demands, claims, suits, actions,
judgments, cause of action, assessments, costs and expenses, including, without limitation, interests, penalties,
attorneys’ fees, any all expenses incurred in investigating, preparing and defending against any litigation,
commenced or threatened, or any claim whatsoever, and any and all amounts paid in settlement of any claim or
litigation, asserted against, imposed upon, or incurred or suffered by any of them, directly or indirectly, as a result
of or arising out of your use of ELFKINS, your connection with the ELFKINS app or service, your violation of these
terms of service or your violation of any rights or another.
If you are a California resident, you waive California Civil Code Section 154w, which says: “A general release does
not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident
of another jurisdiction, you waive any comparable or similar statute or doctrine.
Some jurisdictions have other legal requirements and, for example, do not allow the exclusion of certain warranties
or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above
limitations set forth above may not apply to you.
