12. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AEGIS DOES NOT GUARANTEE THAT THE INFORMATION AND SERVICES PROVIDED THROUGH THE SERVICE WILL BE ACCURATE OR TIMELY. AEGIS RESERVES THE RIGHT BUT IS NOT OBLIGATED TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE.
YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. AEGIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. AEGIS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN ORDER FOR THE SERVICE, INCLUDING FUTURE SERVICES AVAILABLE FROM AEGISlink.com, TO PERFORM TO YOUR SATISFACTION, OR AT ALL, YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATE HARDWARE, SOFTWARE OR OTHER TECHNOLOGY REQUIRED TO ACCESS THE SERVICE. AEGIS WILL NOT BE RESPONSIBLE FOR ANY SERVICE DIFFICULTIES RESULTING FROM YOUR FAILURE TO POSSESS TECHNOLOGY ADEQUATE TO USE THE SERVICE TO YOUR SATISFACTION.
d. AEGIS IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE MATERIAL CONTAINED ON THIS SITE. THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED “AS IS” WITHOUT WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. AEGIS IS NOT RESPONSIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY AEGIS OR ANYONE ELSE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL AEGIS’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, SPECIFICALLY FOR ACCESSING THIS SITE.
e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AEGISlink.com, ANY PROFESSIONAL SERVICES OR OTHER PROVIDER WHOSE NAME OR OTHER CONTACT INFORMATION IS PROVIDED THROUGH THE SERVICE, OR ANY OTHER INFORMATION OR MATERIAL PROVIDED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS CONTAINED IN THIS PARAGRAPH 13 SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW AND SHALL NOT APPLY TO LIMIT ANY DIRECT COMPENSATORY DAMAGES OR LOSSES DUE TO THE NEGLIGENCE OF AEGIS IN CONNECTION WITH PROVIDING THE SERVICE, INCLUDING PROCESSING APPLICATIONS AND RECEIVING CLAIMS NOTICES.