|
Page 2 of 4
Disclaimer
This site is provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Snow Trails disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. In no way does Snow Trails warrant the site or its operation will be error-free or uninterrupted. In no way does Snow Trails warrant that defects will be corrected, or that the site is free from viruses and the like. In no way does Snow Trails warrant use of the site in terms of accuracy, reliability, or otherwise. You assume the entire cost of all necessary repairs. Furthermore, www.snowtrails.com expressly disclaims any responsibility for the accuracy or reliability of sites that link to or from www.snowtrails.com that are not produced by Snow Trails. In no way does www.snowtrails.com warrant the security of transmission of information you may be requested to provide such sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Limitation of Liability
Under no circumstances shall Snow Trails be liable for any special or consequential damages that may occur during the use of, or the inability to use, this site, even if Snow Trails or an agent of Snow Trails has been advised of the possibility of such damages. Local jurisdictions may prohibit the limitation of certain types of liability, therefore this section may not apply to you. In any event, Snow Trails total tort or contract liability to you for all damages, losses, and causes of action will not exceed the amount paid by you for accessing this site if there is a charge.
Miscellaneous
Severability. If any clause or provision of this agreement shall be held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall nevertheless be and remain in full force and effect. Amendment. No amendment, alteration, modification of or addition to this agreement shall be valid or binding unless expressed in writing and signed by the parties to be bound thereby.
Captions. The captions of each section are added as a matter of convenience only and shall be considered of no effect in the construction of any provision of this agreement. Attorneys' fees. If any party hereto shall bring any suit or action against another for relief, declaratory or otherwise, arising out of this agreement, the prevailing party shall have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees.
Survival. Any and all warranties, provisions, rights and obligations of the parties herein described and agreed to be performed subsequent to the termination of this agreement shall survive the termination of this agreement. Waiver. Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver of such terms, covenants and conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by an authorized officer of Snow Trails.
|
