Disclaimer

Disclaimer

LIMITATION OF WARRANTIES AND LIABILITY:

THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THIS LIMITATION APPLIES TO THE DATA AS WELL AS TO ANY SOFTWARE APPLICATION USED TO MANIPULATE THE DATA THAT IS MADE AVAILABLE BY US. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. WE SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. IT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF ANY APPLICABLE JURISDICTION. THIS LIMITATION MAY NOT BE CHANGED EXCEPT BY A WRITING SIGNED BY US.

WE BELIEVE OUR SECURITY STEPS ARE AT LEAST AS STRINGENT AS YOURS WOULD BE. AS A MATTER OF PRACTICAL BUSINESS NECESSITY, WE CANNOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY ANY PROBLEMS THAT MAY ARISE AS A RESULT OF YOUR OR ANYONE'S USE OF OUR SITE OR THE SERVICES WE PROVIDE WHETHER OR NOT WE ARE AT FAULT UNLESS SUCH PROBLEM IS CAUSED BY OUR INTENTIONAL MISCONDUCT AS OUTLINED BY THIS DISCLAIMER WHICH IS WRITTEN BY OUR LAWYERS. IF YOU ARE NOT SURE WHAT IT MEANS TO YOU, WE STRONGLY SUGGEST THAT YOU CHECK WITH YOUR LAWYERS. ACCORDINGLY, WE URGE YOU TO BACK UP YOUR DATA TO ONE OR MORE SAFE PLACES TO MINIMIZE THE SCOPE OF ANY DAMAGE THAT COULD OCCUR IN THE UNLIKELY EVENT A PROBLEM OCCURS WITH OUR SITE OR SERVICE DESPITE THE EXTENSIVE EFFORTS OUTLINED ABOVE.

LIMITATION OF REMEDY: IN NO EVENT SHALL ANY DAMAGES AGAINST 1010data BE RECOVERABLE IN EXCESS OF THE PRO RATA MONTHLY CHARGES FOR THE PERIOD DURING WHICH SERVICE IS NOT PROVIDED AND THE AGGREGATE DAMAGES SHALL NOT EXCEED THE MONTHLY CHARGES PAID DURING THE THREE MONTHS PRECEEDING THE FILING OF ANY ACTION OR TERMINATION OF SERVICE, WHICHEVER IS EARLIER. NO PUNITIVE DAMAGES MAY BE RECOVERED AND 1010DATA SHALL NOT BE LIABLE FOR THE COST OF PROCURING SUBSTITUTE SERVICES OR PRODUCTS. ANY ACTION BY CLIENT ALLEGING BREACH OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE YEAR FROM THE ALLEGED BREACH.