The terms of the website have been revised. Please go through the same before using the website.
1. Agreement Conditions
QuickX reserves the right to modify or change the Terms at any time and at its sole discretion. QuickX will provide notice of these changes by updating the revised Terms on the webpage and changing the “[Last revised: ]” date on this page. Any and all modifications or changes to these Terms will be effective immediately upon being announced on the website or released to users. As such, your continued use of QuickX’s services acts as acceptance of the amended agreement and rules. If you do not agree to any modification to these Terms, you must stop using the Services. QuickX encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We do not guarantee that our site or any content on it, will always be available or be interrupted. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
By registering to use a QuickX Account, you represent and warrant that you (a) are at least 18 years old or of legal age to form a binding contract under applicable law, (b) are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms and further you are not prohibited from owning the QuickX Token and use of other services provided by the website not limited to QCXP Mining Watch and Hardware and Software Wallet, etc, as per your local laws. If you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you represent and warrant that you have all necessary rights and authority to bind such legal entity.
3. RISK DISCLOSURE:
BY PARTICIPATING IN THE PRODUCTS OFFERED BY QuickX AND BY PURCHASING OR HOLDING QuickX TOKENS AND USE OF OTHER SERVICES PROVIDED BY THE WEBSITE NOT LIMITED TO QCXP MINING WATCH AND HARDWARE AND SOFTWARE WALLET, ETC. YOU ARE VOLUNTARILY CHOOSING TO ENGAGE IN SOPHISTICATED AND RISKY FINANCIAL TRANSACTIONS. YOU ARE FURTHER ACKNOWLEDGING THAT YOU ARE AWARE OF THE MANY RISKS ASSOCIATED WITH THE USE OF THE SERVICES, PARTICIPATING IN THE PURCHASE OF CRYPTOCURRENCY, PURCHASING OR HOLDING TOKENS AND WITH ENGAGING IN TRANSACTIONS IN CRYPTOCURRENCIES, INCLUDING BUT NOT LIMITED TO, RISKS OF FINANCIAL LOSS, TECHNOLOGY GLITCHES (INCLUDING BUT NOT LIMITED TO PROBLEMS WITH BLOCKCHAIN TECHNOLOGY AND DISTRIBUTED LEDGER TECHNOLOGY), AND HACKING. FURTHER THE QCXP MINING WATCH COMES WITH THEIR OWN LIMITATIONS AND RISK FACTORS WHICH YOU ACKNOWLEDGE WHILE USING THE SAME. YOU THE USER FURTHER SUBSCRIBED TO THE WALLET OF QuickX EITHER HARDWARE OR SOFTWARE BY DULY ACKNOWLEDGING THE RISK INVOLVED WITH THE SAID USAGE.
BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT QuickX IS NOT RESPONSIBLE FOR THE AFOREMENTIONED RISKS, AND YOU VOLUNTARILY ASSUME AND ACCEPT SUCH RISKS IN DECIDING TO PARTICIPATE IN OR TO PURCHASE QuickX TOKENS AND USE OF OTHER SERVICES PROVIDED BY THE WEBSITE NOT LIMITED TO QCXP MINING WATCH AND HARDWARE AND SOFTWARE WALLET, ETC.
4. YOUR ACCOUNT / WALLET:
You may avail the services of Digital Wallets i.e. Software Wallet on your Device using the Provider’s software application, which will allow you to add your Card for use with the Provider’s Digital Wallet. Each Digital Wallet permits you to maintain a digital version of your Card on your Device, which may be used to authorize payment in stores accepting contactless payments and online or in apps offering the Digital Wallet as a payment method. Further you may opt for Physical Wallet to use the cryptocurrency physically.
By loading a Card into a Digital Wallet, you represent and warrant each time you do so that you are the cardholder. You further agree that we may require you to take additional steps to confirm your identity and that we may refuse to provide you with a virtual card number at our sole discretion.
Certain services provided through the Services may only be available to you upon registration for your account. By registering, you represent and warrant to QuickX that:
(a) you are at least 18 years of age or older and the age of majority for using the Services in the jurisdiction where you reside as of the time you register with us and the buying of token and dealing in cryptocurrency is legal as per your local law;
(b) all information provided by you to us during the registration process is truthful, accurate and complete;
(c) you have an understanding of cryptocurrencies and the technology that underlies them;
(d) you can afford to lose all amounts used to purchase cryptocurrencies through the Services; and
(e) you will comply with all terms and conditions of these Terms.
As a registered user, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete. The Representatives will rely on the information you provide. You will be responsible for any and all loss, damage, or additional costs that the Representatives or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you submit via the Services. You acknowledge that you are solely responsible for maintaining the confidentiality of your account credentials (including any user names, passwords or security tokens created or provided) and that you will be responsible for any loss resulting from any unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your account. Similarly, you are responsible for verifying and maintaining the protection, security, and distribution of your account information, including account numbers, user names, and passwords.
All liability relating to password management resides with you and under no circumstances, including negligence or misconduct, will we be liable for any damages that result from the use of your account. You can cancel your account at any time by doing so from your account settings page and requesting that your account be deleted.
You the Buyer hereunder confirms, represents and warrants that he/she will use only a wallet he/she have a private key in order to receive purchased QuickX Token and to spend from the said wallet either virtually or physically To utilize each Digital Wallet, you are required to utilize, download and/or install an application or other software from the Provider. The Provider may require that you install software updates from time to time.
The availability and functionality of each Digital Wallet, or any part thereof, depends on various factors and elements, including software, hardware and communication networks that are provided by third parties. These are not fault free, and QuickX does not warrant or guarantee that any Digital Wallet will operate without disruption, errors or interruptions, or that a Digital Wallet will be accessible or available at all times. While your account with the QuickX remains active, you may continue to use your currency in wallet in the traditional manner even if the Digital Wallet is not properly functioning.
4. TOKEN PURCHASES AND SALE
You / the Buyer expressly accepts all terms and conditions described herein and agrees to be bound thereby and comply therewith. The token price shall be as provided / mentioned at the website. The Seller is not liable for the inability of the Buyer to receive or use QuickX Token because of Buyer’s failure to follow any of the requirements and procedures of the Seller or due to any possible misrepresentations of the Buyer and shall not make any refunds of prior contributions. No refunds and/or cancellations are applicable to Pre-Sale and Public Sale, unless otherwise specified in this terms and clause. The funds used for the payment hereunder shall not directly or indirectly come from any illegal sources. The Buyer hereby expressly represents and warrants that he/she is not using any proceeds of criminal or illegal activity, including money laundering of any form. The Buyer agrees to hold the Seller harmless of any investigation or proceedings related to the source of Buyer’s funds transferred to the Seller in the course of QuickX Token Sale. The buyer also warrants to the Seller that no transaction involving QuickX Tokens (XDT) will be used to facilitate any criminal or illegal activity, including money laundering and terrorism financing.
Purchased QuickX Tokens may be sold and transferred by the Buyer at any time after Public Sale ends via cryptocurrency exchanges at his/her own risk and without any interference of the Seller, provided that QuickX Tokens are listed on any of the cryptocurrency exchanges. The Buyer acknowledges that the Seller cannot ensure and/or secure listing of the QuickX Tokens on such exchanges as it is the discretion of cryptocurrency exchanges whether to list QuickX Tokens.
5. WALLET ACCESS:
You acknowledge that you have full legal capacity and that your legal capacity has not been previously limited to an extent that could prevent you from accepting these Wallet Terms and Conditions, accessing and using Wallet services and managing your cryptocurrency coins.
If you access and use Wallet on behalf of a legal entity, you represent that it has been duly established and that is exists in accordance with the laws that govern its establishment and existence respectively, and you represent that you are authorized to act on behalf of the legal entity.
You may also access Wallet via your mobile phone web browser when your Device is connected to your mobile phone. This function may be limited to some Devices and it is also limited to the Chrome web browser. You may have to use third-party software to facilitate the connection between your Device and your mobile phone´s Chrome web browser (WebUSB API extension or similar). We shall assume no liability for damage incurred as consequence of using such third-party application.
You acknowledge, that we do not assume any liability for any damage caused by third-party developed software you use to facilitate the connection between your Device and your computer and mobile phone, or to access any data stored on your Device or to manage your wallet within your Device or for any other reason.
You create your cryptocurrency wallet to manage your cryptocurrency coins. The wallet can only be used to manage coins of supported cryptocurrencies.
It is in our sole discretion to decide whether the cryptocurrency will be supported. The current list of supported cryptocurrencies may be found on our Website. This list of supported cryptocurrencies may change from time to time; in such a case we shall always update the list accordingly in advance. Before we change the list of supported cryptocurrencies, any unlisted cryptocurrencies are considered as unsupported and you may not use your wallet to manage (send and/or receive) any funds in such cryptocurrencies.
You acknowledge, that if your cryptocurrency coins are stolen, there is no possible recovery. You are therefore solely responsible for keeping your wallet safe from any third parties.
Furthermore, you may at any time after your Device initialization set up a PIN to protect your Device. Please be aware that if anyone takes possession of your Device, they may freely dispose of any cryptocurrency coins associated with your wallet unless you set up a PIN. We therefore recommend that you set up a PIN.
The chosen PIN shall never be transmitted to your computer or mobile phone. You are therefore solely responsible for writing down the chosen PIN and for keeping it safe from third parties.
You may change some of the settings such as the PIN, Device name etc. within the Wallet service interface even after the initialization procedure.
If you forget your passphrase for any newly created wallet, that respective wallet may not be recovered, so keep the passphrase safe. You are solely responsible for keeping your passphrase safe from any third parties.
You acknowledge that any private keys associated with your wallet are generated locally on your Device and are never transmitted to Wallet service or anywhere else outside the Device.
Wallet serves mainly to access your cryptocurrency software and hardware wallet within your Device and to manage your cryptocurrency coins associated with your wallet.
6. WALLET AND QCXP MINING WATCH TRANSACTION::
Within the Wallet you are able to view the total of the (supported) cryptocurrency coins associated with your wallet and you are able to manage them.
Therefore, you may among other things submit transactions to send cryptocurrency coins to other users of the respective cryptocurrency network.
You shall not under any circumstances attempt to send or receive any other cryptocurrency coins that are not supported by Wallet.
You shall under no circumstances attempt to send your cryptocurrency coins to a receive address created within a different cryptocurrency network. If you attempt to do so, you may lose your cryptocurrency coins without any possibility of recovery.
The transactions shall be processed pursuant to the submitted instructions. You hereby acknowledge that we do not carry out the transactions ourselves; the transaction must be verified by the respective cryptocurrency network and the speed of the transaction depends solely on the processes within the respective cryptocurrency network as described below in these Wallet Terms and Conditions.
You are solely responsible for ensuring that all the submitted transaction information is correct. You shall always verify all the transaction information before you submit it.
We do not assume, under any circumstances, any liability for any obligations of the third party receiving the transaction. We are not in any way a part of such a legal relationship and any subsequent claims and disputes shall always be settled solely between you and the respective third party.
When submitting a transaction, Wallet shall calculate for your information an approximate amount of fiat currency equal to the amount of cryptocurrency you endeavor to send. This calculation is only for your information and it is based on the exchange rates provided by a third-party provider.
You shall under no circumstances attempt to receive cryptocurrency coins sent to your address created within a different cryptocurrency network. If you attempt to do so, you may lose your cryptocurrency coins without any possibility of recovery.
If you attempt to carry out a forbidden transaction, you hereby agree to waive any and all rights to the affected cryptocurrency coins and agree you shall have no access, entitlement or claim to such cryptocurrency coins.
If you have no reason to suspect or you know that you have received cryptocurrency coins from a third party to any of your addresses in error, you are obliged to notify our support center and you must handle such cryptocurrency coins only in accordance with our instructions. You are not entitled and you do not have any claim to such cryptocurrency coins
You acknowledge that submitted transactions must always be confirmed by the respective cryptocurrency network and recorded in its public transaction ledger. We are therefore not responsible for processing the transaction and cannot control it in any way. In particular, we cannot cancel, reverse, recover or otherwise control a transaction once it has been submitted to the network. We may only facilitate a submission of your transaction to the respective cryptocurrency network and check whether the transaction has been confirmed by the network.
Once submitted the transaction shall be listed as pending before it is sufficiently confirmed in the cryptocurrency network. Until it is confirmed, the transaction may or may not be completed; therefore the sent cryptocurrency coins shall not be available to the sender to use in other transactions unless the transaction is rejected by the network and it shall also not be available to the receiver unless the transaction is confirmed by the network.
You acknowledge that the cryptocurrency networks are decentralized and are operated by an undisclosed number of independent third parties always working on finding a consensus on the transaction confirmation or rejection.
7. CNexchange: Decentralized Exchange:
In the Wallet interface you may exchange your cryptocurrency coins for coins of another supported cryptocurrency.
The exchange is facilitated by a third-party service provider (CNexchange herein) and we assume no liability in the event that you do not receive the stipulated amount of cryptocurrency. We also do not guarantee the availability of all preselected third-party providers’ services at all times.
You acknowledge that we do not operate multilateral trading platform or exchange. We only facilitate a connection to the exchange services provider(s) eligible and authorized to process your cryptocurrency exchange.
We act as your agent when facilitating the exchange (and only then). As your agent we are only authorized to submit your quote and receive address information to the selected exchange services provider.
In the “Exchange” section of the Wallet interface we will provide you with the quoted exchange rate of any available third-party exchange services providers. You are free to choose any of them to facilitate the exchange. Be aware that the quoted exchange rates are set by the third-party providers and thus may differ from the exchange rate we use in other Wallet services.
Before submitting any exchange transaction, you must ensure that the amount of cryptocurrency to be purchased and sold (exchanged) is correct and that you agree to the quoted exchange rate. You are also solely responsible for providing the correct receive address as well as the correct amount of cryptocurrency coins you desire to exchange.
We shall submit the quote to the exchange services provider on your behalf immediately after you have submitted it to us. We cannot, and will not, reverse a submitted transaction. You acknowledge that you cannot therefore change the information once the quote has been submitted to us.
We reserve the right to delay or refuse any exchange for any reason or without any reason including but not limited to circumstances, when there is, in our opinion, a risk of fraud or illegal activity, or if we have reasonable grounds for suspecting that an error may have been made. We shall have no liability to you in connection with any delay or non-completion of an exchange transaction.
You acknowledge that it is not our obligation to. We do so voluntarily; therefore we shall also have no liability to you in the event that the transaction has not been delayed or cancelled even though an obvious error has been made.
We are not in any way part of the exchange process and we are also in no way associated with the third-party providers. You carry out any respective transactions on your own solely on the basis of a legal relationship with those third-party providers and you do so at your own risk. Any claims that might arise in connection with such a relationship must be settled between you and the respective third-party exchange services provider.
9. CONDITIONS AND RESTRICTIONS ON QuickX Token:
QuickX may, at any time and in its sole discretion, refuse any Purchase request and impose limits on the amounts of Purchases that can be completed, on a daily or other periodic basis or otherwise, or impose any other conditions or restrictions upon your participation in or your use of the Services, without prior notice.
9. REPRESENTATIONS AND WARRANTIES:
By using the website /and/or purchasing the QuickX Token or any services provided by QuickX hereunder, You / the Buyer represents and warrants that: (a) he/she is of an age of majority to enter into this Agreement, meets all other eligibility and residency requirements, and is fully able and legally competent to agree on the terms, conditions, obligations, affirmations, representations and warranties set forth herein; (b) he/she has an in-depth knowledge and deep understanding of the cryptoassets market, Blockchain-based systems and cryptocurrencies; (c) he/she is aware of and knows how to manage all the merits, risks and any restrictions associated with crypto market, Blockchain-based systems and cryptocurrencies; (d) he/she understands that crypto market is highly speculative and volatile in nature and that this Agreement is in no way an investment advice or an offer to invest; (e) he/she agrees and acknowledges that QuickX Tokens are not to be construed, interpreted, classified or treated as: any kind of currency other than cryptocurrency; debentures, stocks or shares issued by any person or entity; rights, options or derivatives in respect of such debentures, stocks or shares; rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss; units in a collective investment scheme; units in a business trust; derivatives of units in a business trust; or any other security or class of securities.
DISCLAIMER; RISK DISCLOSURES; ASSUMPTION OF RISKS:
To the fullest extent permitted by applicable Law and except as otherwise specified in writing by QuickX, Tokens are made available without any warranties or representations of any kind, and QuickX expressly disclaims all warranties and representations relating to the Token (whether express or implied), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Participating in purchasing Tokens and using any Services provided by QuickX involve significant risks and potential for financial losses, including without limitation the following:
You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against QuickX, its Affiliates and their respective shareholders, members, directors, officers, employees, agents, successors in title and/or assignees, and/or Representatives related to any of the risks set forth herein.
You represent and warrant that you have:
(a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of the Token if you decide to participate in the Cryptocurrency; and
(b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of the Token and the Cryptocurrency.
You accept the risk of purchasing Tokens by using the Services, and are responsible for conducting your own independent analysis of the risks specific to the Token and the Services. You should not acquire any Tokens unless you have sufficient financial resources and can afford to lose all value of the Tokens.
11. Additional Representations and Warranties:
In addition to above clauses and any other provision of these Terms, you hereby represent and warrant to QuickX that:
To the extent allowable pursuant to applicable law, the Buyer shall indemnify, defend, and hold the Seller and/or its subsidiaries, affiliates, directors, officers, employees, agents, successors, and permitted assignees harmless from and against all claims, damages, losses, suits, actions, demands, proceedings, expenses, and/or liabilities (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification) filed/incurred by any third party against the Buyer arising out of a breach of any warranty, representation, or obligation hereunder.
13. JURISDICTION AND DISPUTE RESOLUTION :
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed and enforced in accordance with the laws of the Malta. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall exclusively be settled by the Arbitration at Malta. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be at Malta . The language of the arbitration shall be English. The hearings will be held online in accordance with IACC Rules.
No provision of this Agreement shall be considered waived unless such waiver is in writing and signed by the party that benefits from the enforcement of such provision. No waiver of any provision in this Agreement, however, will be deemed a waiver of a subsequent breach of such provision or a waiver of a similar provision. In addition, a waiver of any breach or a failure to enforce any term or condition of this Agreement will not in any way affect, limit, or waive a party’s rights hereunder at any time to enforce strict compliance thereafter with every term and condition hereof. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated. The Seller may assign the Seller’s rights and obligations under this Agreement. Any notice or other communication given or made under this Agreement shall be and may be delivered in electronic form. The Seller shall in no way be liable for any delay or failure to perform any obligations under this Agreement as a result of a cause beyond the Seller’s reasonable control. This Agreement and purchasing shall in no way create any exclusive relationship between the Buyer and the Seller nor any partnership, joint venture, employment or agency.
15.1. Entire Agreementp
These Terms and the User Agreement contain the entire agreement between you and QuickX, and supersede all prior and contemporaneous understandings between the parties regarding the QuickX Token.
If any provision of these Terms is or becomes (whether or not pursuant to any judgment or otherwise) invalid, illegal or unenforceable in any respect under the Law of any jurisdiction: (i) the validity, legality and enforceability under the Law of that jurisdiction of any other provision; and (ii) the validity, legality and enforceability under the Law of any other jurisdiction of that or any other provision, shall not be affected or impaired in any way thereby. If any court or Governmental Authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Terms will not be affected.
15.3. Change of Control
In the event that QuickX is acquired by or merged with a third party entity, or QuickX’s assets and/or business (wholly or in part) are acquired by a third party, QuickX reserves the right, in any of these circumstances, to transfer or assign the information that QuickX has collected from you, including your Personal Data, User Account Data and other information as part of such merger, acquisition, sale, transfer, or any other change of Control.
You shall not assign this Terms in any manner without the prior written consent of QuickX, and any purported assignment in contravention of the terms shall be null and void.
QuickX may assign these Terms to another Person in connection with the transfer of all or part of the QuickX‘s assets or Business to an Affiliate of QuickX or to any third party. By accepting the present Agreement, you give your irrevocable consent for the above mentioned assignment and/or transfer, including for the transfer of your Personal Data, User Account Data and other information, as well as for the transfer of any Funds on your Account (-s) hold by QuickX in the course of the Business to such another Person for the purposes of such assignment.
15.5 Accessing the Websites and Account Security
You are responsible for:
You should use particular caution when inputting personal information on to the Websites on a public or shared computer so that others are not able to view or record your personal information.
16. Intellectual Property Rights
The Websites and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Foundation, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Unless otherwise marked: (a) all material, data, and information on the Websites, such as data files, text, music, audio files or other sounds, photographs, videos, or other images, but excluding any software or computer code (collectively, the “Non- Code Content”) is licensed.
The Foundation name, the terms QuickX and all related names, logos, product and service names, designs and slogans are trademarks of the Foundation or its affiliates or licensors. You must not use such marks without the prior written permission of the Foundation. All other names, logos, product and service names, designs and slogans on this Websites are the trademarks of their respective owners.
18. Prohibited Uses
19. Reliance on Information Posted
The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Websites includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Foundation, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Foundation. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
20. Changes to the Websites
We may update the content on this Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
21. Information About You and Your Visits to the Websites
22. Online Purchases and Other Terms and Conditions
23. Linking to the Websites and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
24. Links from the Websites
If the Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permission without notice.
25. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE FOUNDATION NOR ANY PERSON ASSOCIATED WITH THE FOUNDATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE FOUNDATION NOR ANYONE ASSOCIATED WITH THE FOUNDATION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRIANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
26. Limitation on Liability
IN NO EVENT WILL THE FOUNDATION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WHICH MAY INCLUDE FRAUD.
28. Waiver and Severability
29. Entire Agreement