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Limitation of Warranty and Disclaimers
In no event shall Biofade.com be liable for any damages whatsoever, and in particular Biofade.com shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any Biofade.com Web Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. You also understand that Biofade.com cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Web Site and the Internet. Biofade.com does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Web Site, any merchandise, information or service provided through the Web Site or on the Internet generally, and Biofade.com shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advise, services, merchandise and other information provided through the Web Site or on the Internet generally. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Content and Liability Disclaimer
Biofade.com shall not be responsible for any errors or omissions contained at this Web Site, and does not warrant that defects in the Web Site will be corrected. Biofade.com reserves the right to make changes without notice and disclaims any responsibility for providing notice of such changes. In addition, Biofade.com has no liability to make changes to existing product(s) and /or content. Biofade.com does not warrant that the Web Site will be uninterrupted. Accordingly, all Biofade.com and third party information is provided on an "AS IS, AS AVAILABLE" basis without warranties OF ANY KIND. In no event will Biofade.com be liable for (1) any incidental, consequential, or indirect damages arising out of the use or of inability to use the Web Site, or any information, or transactions provided on the Web Site or downloaded from the Web Site, even if Biofade.com or its authorized representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the Web Site. Because some states or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states or countries, Biofade.com liability is limited to the greatest extent permitted by law.
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This Agreement shall all be governed and construed in accordance with the laws of the State of California, United States of America. You agree that any legal action or proceeding between Biofade.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Biofade.com failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Biofade.com may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision or portion of this Conditions of Use shall be invalid or unenforceable for any reason, it is understood and agreed that such invalidity or unenforceability of any provision or portion of the Conditions of Use shall not affect the validity or enforceability of the other provisions or portions of this Conditions of Use. Biofade.com reserves the right to make changes to the information, materials, authors, speakers, illustrations, products, services, seminars, specifications, availability, plans, and terms and conditions associated with the Web Site at any time, without notice, and without incurring obligations or liability of any kind.