Company
provides services which may require client to provide
company with client's password to access client's Web
sites and correspondingly, Company's to provide client
with password to access Company's Web site. In the event
clients or Company sends client's or Company's password by
e-mail both Company and client acknowledge and understand
that email is inherently not secure and may be
compromised.
Company cannot
guarantee client and does not guarantee client, that there
is not risk of compromise from third parties to a client's
information, including, but not limited to client's
passwords. Client understands and accepts that there is a
risk of compromise from third parties, unknown to the
Company, where said information or password is submitted
via areas of Company's website, designated as
"secure" or "secure form" or otherwise
designated. This includes, but is not limited to Company's
system or Company's designated service provider for
generating a password automatically for clients to Company
membership Web site and sending said information to client
via email.
Email connects
and passes through may routers and mail servers before
receipt by recipient and it is understood in the industry,
that during this process and after receipt, that email is
vulnerable to both physical and virtual
eavesdropping.
Client
understand that current industry standards do not place
emphasis on security as information is transferred in
plain text, and during this process mail servers regularly
conduct unprotected backups of the email that passes
through, leave a digital paper trail that can easily
inspected or compromised months or even years later.
Client
understand the risk that the possibility exists that email
can be read by any hacker or unauthorized person or
persons who gain access to any protected, secured or
unprotected router or storage system.
Client
acknowledges and agrees that Client will hole Company
harmless against any and all damages, in the event an
unauthorized person or persons gains access to Client's
Web site, regardless of mode of communication utilized or
point of compromise.
To further
minimize security risks, Client also agrees to change all
passwords immediately upon Company completing Company
services for Client.
Limitation
Of Liability
CLIENT AGREES
THAT COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTOR WILL NOT BE LIABLE IN
PROFESSIONALLY OR PERSONALLY FOR ANY INCIDENTAL, DIRECT,
INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR
INCOME , PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR
SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE
COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, OFFICERS, AND DIRECTORS, TO ANY
PARTY (REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN
CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF US $100
OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE
APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH THE
SUPPOSED LIABILITY AROSE.
CONTACT
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