Except
as may be otherwise expressly provided by Xtenza, all content
and services acquired from or through the site are provided
"as-is" and "as available," and all
warranties, express or implied, are disclaimed (including
but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
Any content or service provided from or through the site,
including the operation of the site itself, may contain
bugs, errors, problems or other limitations. Xtenza does
not guarantee the accuracy, reliability or completeness
of any such content or service, including but not limited
to any material safety data sheets supplied by applicable
manufacturers, given in connection with providing any
service. Xtenza and its affiliated parties have no liability
whatsoever for a user's use of any content or service.
In particular, but not as a limitation thereof, Xtenza
and the affiliated parties are not liable for any indirect,
special, incidental or consequential damages (including
damages for loss of business, loss of profits, litigation,
or the like), whether based on breach of contract, breach
of warranty, tort (including negligence), product liability
or otherwise, even if advised of the possibility of such
damages; or that result from mistakes, omissions, interruptions,
viruses, deletion of files, errors, defects, delays in
operation or transmission, or any failure of performance,
whether resulting from acts of god, communications failure,
theft, destruction or unauthorized access to Xtenza's
records, forms, agreements, documents or services.
The negation of damages set forth above are fundamental
elements of the basis of the bargain between Xtenza and
user. This site, including without limitation the content
and services, provided through the use of this site would
not be provided without such limitations.
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The
Content within the Site or available through the
Site may not be appropriate under the circumstances
for any particular transaction. The specifics of
a given situation may require provisions not contemplated
in the Content. Requirements for the validity of
an agreement or form may also vary greatly from
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differently in various jurisdictions. No representations,
warranties or guarantees whatsoever are made as
to the accuracy, currentness, completeness, adequacy,
reliability, suitability or applicability of any
Content to a particular situation.
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The
Content should be treated as a guide or starting
point and should not be considered a substitute
for professional or legal analysis. The Site is
provided and the Content is licensed with the understanding
and agreement that Xtenza and its Affiliated Parties
are not hereby engaged in rendering legal, accounting,
financial or other professional services. If legal
or other professional assistance is required, the
services of a competent professional should be sought
by the user. User assumes all responsibilities and
obligations with respect to any decisions or advice
made or given as a result of the use of any Content
and for the selection of Content necessary to achieve
User's intended results.
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All responsibility
or liability for any damages caused by viruses contained
within the electronic file containing the applicable
Content is hereby disclaimed by Xtenza.
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User acknowledges
that all Content posted by Users on the Site, whether
publicly posted or privately transmitted, is the
sole responsibility of the person from which such
Content originated. This means that the User, and
not Xtenza, is fully responsible for all Content
that you upload, post, email or otherwise transmit
via the Site. Xtenza cannot and does not review
every posting made on the public posting areas of
the Site and does not control the Content posted
via the Site and, as such, does not guarantee the
accuracy, integrity or quality of such Content.
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You understand that by using the Site, you may be exposed
to Content that is offensive, indecent or objectionable.
Under no circumstances will Xtenza be liable in any way
for such Content, posted, emailed or otherwise transmitted
via the Site. Xtenza reserves the right (without assuming
any obligation), in its sole discretion, to edit or delete
Content that it deems inappropriate for any reason.