Provision 12: Restriction of Liability; Indemnification and Guarantees
TradingCult makes no assurances, representations, or guarantees regarding the error-free, timely, secure, or uninterrupted nature of the Clients’ use of the service. Neither does the Company guarantee that the results derived from using the service will be accurate or dependable. The Client acknowledges that the Company reserves the right to suspend the service for an indefinite period or terminate it at any time, with or without prior notice to the Client. The Client expressly acknowledges that their use of, or inability to use, the service is solely at their own risk.
The service, along with all products and services provided to the Client through the Company’s service, are offered on an “as is” and “as available” basis for Client use, without any representation, warranties, or conditions of any kind, whether express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall the Company and its directors, officers, employees, affiliates, partners, agents, contractors, subcontractors, interns, suppliers, service providers, licensors, or any other related person be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any nature, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. This applies whether based in contract, tort (including negligence), strict liability, or otherwise, arising from the Client’s breach of these Terms and Conditions, use of the service or any products acquired through the service, or for any other claim related to the Client’s use of the service or any product or the Client’s violation of any law or the rights of a third-party.
This includes, but is not limited to, any errors or omissions in any content, or any loss or damage incurred as a result of using the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the Company’s liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.