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"Indemnity and Liability

You agree to indemnify, defend and hold us, subsidiaries and affiliates, and our sponsors harmless from and against any and all claims, demands, actions, losses, damages, fines, penalties, costs (including legal costs) and other liabilities of any kind whatsoever, incurred by us directly or indirectly as a result of or in connection with your use of ToVino Organics and/or your access or use of the ToVino Organics Web Site in any manner that is not fully compliant with the letter and spirit of this Agreement. You acknowledge and agree that we provide ToVino Organics and the ToVino Organics Web site on an "as is" and an "as available" basis, that your participation in ToVino Organics and your use of the ToVino Organics Web site is at your own risk, and that we make no representations, warranties or covenants whatsoever with respect to any of them. For greater certainty, we do not guarantee that ToVino Organics or the ToVino Organics Web site will be available, run deficiency-free or uninterrupted, that we will correct all errors or deficiencies related thereto or that we will accept all eligible usages. We specifically disclaim all representations, warranties and covenants, express or implied, statutory or otherwise, with respect to ToVino Organics and the ToVino Organics Web site, including representations, warranties and covenants with respect to merchantability, satisfactory quality, scalability or fitness for a particular purpose. We will have no liability, and our subsidiaries affiliates and sponsors, and our directors, officers, employees, contractors, advisors and other representatives will have no liability, to any person or entity for any direct, indirect, special, consequential, punitive and other damages arising out of or related to claims in connection with ToVino Organics or the ToVino Organics Web site. The foregoing limits and exclusions of liability will operate notwithstanding anything to the contrary contained in this agreement or in any statute, regulation, guideline, policy, rule of law or other legal instrument and will apply regardless of the basis on which any person is entitled to claim, including but not limited to breach of contract (including without limitation fundamental breach) or tort (including without limitation negligence, gross negligence, negligent misrepresentation or other fault of ours, our affiliates, our sponsors or our affiliates or sponsors respective representatives), and apply even if we or our affiliates or sponsors or any of our respective representatives have been advised of the possibility of such damages.


Assignment

You cannot assign all or part of this Agreement without first getting our written approval. We can assign all or part of this Agreement without your consent by telling you about the assignment in writing, including, if we choose, by posting notice of the assignment on the ToVino Organics Web Site. This Agreement will bind you, your successors and your permitted assigns and us, our successors and our permitted assigns."
Last Updated: 22 Feb 2008 18:06:12 PST home  |  about  |  terms  |  contact
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