Disclaimer of Warranties and Damages; Limitation of Liability
a.) While MINT PROS and its Affiliates use reasonable efforts to include accurate and up-to-date information in the Website, your use of the Website is at your risk. MINT PROSand its Affiliates make no warranties or representations as to its accuracy and specifically disclaim any liability or responsibility for any errors or omissions in the content on the Website. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Service. MINT PROS is not responsible for the availability or content of other services that may be linked to the Service. The information contained in or made available through the Website (including, but not limited to information contained within Interactive Features or text files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY AWS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY AWS WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESONSIBLE FOR THE TIMELINESS, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY OF SERVICE ON ANY AWS WEBSITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY AWS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AWS OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT RESULT FROM THE ACCESS AND USE OF, OR THE INABILITY TO USE OR ACCESS, ANY AWS WEBSITE OR MATERIALS OR FUNCTIONS ON ANY SUCH WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, CORRECTION, OR SUBSEQUENT LOSS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY MINT WEBSITE.
Indemnification
a.) You agree to indemnify, defend and hold MINT PROS and its Affiliates harmless from and against any and all liabilities, losses, damages and expenses (including but not limited to) attorneys' fees and court costs), incurred by MINT PROS and its Affiliates in connection with any claim relating to: (i) your use of the Website, including, but not limited to use of any Interactive Feature or Store; and (ii) any breach or alleged breach of these Terms of Use. You will cooperate as fully as reasonably required in MINT PROS defense or any claim. MINT PROS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event, settle any matter without the written consent of MINT PROS.
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