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Disclaimer
of Warranties and Limitation of Warranties
Disclaimer of Warranties
Magnifi.ca disclaims any and all responsibility or liability for
the accuracy, content, completeness, legality, reliability, or
operability or availability of information or material in the
Products and Services. Magnifi.ca disclaims any responsibility
for the deletion, failure to store, misdelivery, or untimely delivery
of any information or material. Magnifi.ca disclaims any responsibility
for any harm resulting from downloading or accessing any information
or material through the Products and Services.
THE PRODUCTS AND SERVICES
ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, Magnifi.ca DISCLAIMS ANY WARRANTIES FOR THE
SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS
AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Magnifi.ca
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL
AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS
AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND
SERVICES. Magnifi.ca SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT
PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE
OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU UNDERSTAND AND AGREE
THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD
OF SUCH MATERIAL.
Some jurisdictions do
not allow the disclaimer of implied warranties. In such jurisdictions,
the foregoing disclaimers may not apply to you insofar as they
relate to implied warranties.
Limitation of Liability UNDER
NO CIRCUMSTANCES SHALL Magnifi.ca BE LIABLE TO ANY USER ON ACCOUNT
OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND
SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Magnifi.ca HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND
RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE
PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH
OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH
ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION
SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH
LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE
OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE
THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, Magnifi.ca.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted.
In such jurisdictions, the foregoing limitation may not apply
to you.
Under no circumstances shall Magnifi.ca be held liable
for any delay or failure in performance resulting directly
or indirectly from acts of nature, forces, or causes beyond
its reasonable control, including, without limitation,
Internet failures, computer equipment failures, telecommunication
equipment failures, other equipment failures, electrical
power failures, strikes, labour disputes, riots, insurrections,
civil disturbances, shortages of labour or materials, fires,
flood, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, or loss of or fluctuations
in heat, light, or air conditioning.
The Advertising Content displayed as search results or otherwise
linked from the Magnifi.ca web sites is provided by people over
whom Magnifi.ca exercises no control. Accordingly, Magnifi.ca
assumes no responsibility for the content of any site and/or Advertising
Content included in the Magnifi.ca Products and Services.
Disclaimer Regarding Pictures & Sounds
Magnifi.ca does not have the right to authorize you to publish
or republish any photographs, images, or audio or video files
(the "Images and Audio Content") accessed through the Products
and Services offered by Magnifi.ca. All of the Images and Audio
Content which users locate by searching on Magnifi.ca's Products
and Services have been provided by, and/or are owned by entities
other than Magnifi.ca. If you intend to make use of any Content
accessed through Magnifi.ca's site for commercial or noncommercial
purposes, you must obtain written permission from the provider
of the Content prior to using it.
If you have any questions Magnifi.ca this Privacy Policy or our
privacy practices, please visit us at: Contact
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