Disclaimer of Warranties

 

The Content on the Site contains content that we create as well as content provided by third parties, including, among other things, product reviews, white papers, multimedia files, and information about products and services offered by parties other than E Solutions LLC., such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee, make any representation to you regarding, and in no way responsible for, the accuracy, integrity, quality, source, or nature of the Content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our Site. You understand that you may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content.

We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our Site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE Sites AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Sites IS AT YOUR SOLE RISK, AND THE Sites AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Sites ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY THE RELEASED PARTIES OR OTHER PERSONS ON OR THROUGH THE Sites, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE Sites OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Sites WILL MEET YOUR REQUIREMENTS, (ii) THE Sites WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Sites WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE ON THE Sites WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE Sites WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Sites IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

 

Third-Party Sites, Products, and Services

Our Site contains links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

Limitation of Liability

We are not liable for anything that happens to you involving the Sites.  If you use the Sites in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.

To the maximum extent permitted by applicable law, you hereby release, and waive all claims against E Solutions LLC, its principals, owners, parents, subsidiaries, officers, directors, shareholders, employees, representatives, agents, co-branders, partners, contractors, consultants, suppliers, licensors, customers, and other affiliates (collectively, the “E Solutions LLC Parties”), from claims, demands and damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind or nature, known or unknown, arising out of or in any way connected with use of the Service. If you are a California resident, you knowingly and voluntarily waive the provisions of California Civil Code Section 1542 , which provides as follows: “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.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE E SOLUTIONS LLC PARTIES BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHERWISE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING TO USE OF OR ACCESS TO THE SERVICES AND ANY PROPOSED TRANSACTION IN CONNECTION THEREWITH (INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH THIRD PARTIES FOUND ON OR THROUGH THE SITE), EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE FOREGOING, IF E SOLUTIONS LLC IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO ONE HUNDRED DOLLARS (U.S. $100).