DISCLAIMER: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, Folio AND ITS AFFILIATES, SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Folio OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE
NOTHING IN THESE TERMS LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY
ITS PROVEN NEGLIGENCE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Folio AND ITS
AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSS (WHETHER SUCH DAMAGE OR LOSSES WERE
FORSEEN, FORESEEABLE, KNOWN OR OTHERWISE)
You agree to defend, indemnify and hold Folio, its affiliates, subsidiaries, directors,
officers, employees, agents, partners and licensors harmless from any claim or demand,
including reasonable attorneys’ fees, made by a third party, relating to or arising
(a) the actions or omissions of other users of the Service;
(b) any indirect or consequential loss or damage, which means a loss suffered by you
is a side effect of the main loss or damage and where we could not have anticipated that
loss arising when you agreed to these terms; or
(c) any violation by you of these Terms.
(d) any harm, loss or damage suffered by you or anyone else if the Service is
suspended or otherwise not provided to you or if we do not comply with these terms
events beyond our control (for example, industrial disputes, technical difficulties,
or delays in communications networks, acts of terrorism or power failure).
You acknowledge that you are responsible for all use of the Service. You agree to comply
these Terms and to defend, indemnify and hold us harmless from and against any and all
and demands arising from usage of the Service, whether or not such usage is expressly
You acknowledge and accept that your access to the Service is dependent on connectivity
communications networks and facilities that are outside of our operation and/or control
your use of the Service may be subject to limitations, delays and other problems
inherent in the
use of such networks and facilities.
Taking this into account, we give no warranty that your use of the Service will be
or error free. You acknowledge and accept that we are not responsible for any loss or
any kind that you may suffer as a result of any interruption or delay to your access to
Service, or as a result of any failure or error in the transfer of data over those
facilities in connection with your use of the Service.
We warrant that we will we will provide the Service with reasonable care and skill.
Nothing in this clause 6 seeks to exclude any statutory rights that cannot be excluded