(1) USER EXPRESSLY AGREES THAT USE OF THE JEFF-FOLIAGE WEB SITE IS AT USER’S SOLE RISK. THE JEFF-FOLIAGE DOES NOT WARRANT THAT THE JEFF-FOLIAGE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE JEFF-FOLIAGE WEB SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED BY THE JEFF-FOLIAGE WEB SITE.
(2) THIS DISCLAIMER OF LIABILITY APPLIES 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
(3) INFORMATION ON THE JEFF-FOLIAGE WEB SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
(4) IN NO EVENT WILL THE FOLIAGE NETWORK BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE JEFF-FOLIAGE WEB SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE JEFF-FOLIAGE WEB SITE.
(5) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE JEFF-FOLIAGE WEB SITE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICATED ACCURACY OF, THE INFORMATION CONTAINED WITHIN THE JEFF-FOLIAGE WEB SITE, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
(6) THE JEFF-FOLIAGE WEB SITE RESERVES THE RIGHT TO REFUSE ANY POTENTIAL ADVERTISERS FOR ANY REASON, AT ANY TIME.
(7) ALL MATERIAL AND INFORMATION PRESENTED ON THE JEFF-FOLIAGE WEB SITE IS THE PROPERTY OF THE JEFF-FOLIAGE WEB SITE (UNLESS STATED OTHERWISE WITH CREDIT AND PERMISSION) AND IS NOT TO BE USED IN ANY WAY, SHAPE, OR FORM BY ANY OTHER PARTY WITHOUT EXPRESS WRITTEN CONSENT FROM THE JEFF-FOLIAGE WEB SITE. ANY VIOLATIONS OF THIS CLAUSE SHALL CONSTITUTE COPYRIGHT INFRINGEMENT AND ALL APPLICABLE LEGAL ACTION SHALL BE PURSUED.
Jeff “Foliage” Folger
