No warranties on equipment, computer, and software
RizeCU, its directors, officers, employees, staff, representatives, assigns, related parties, affiliates, subsidiaries, divisions, advertising and promotion agencies for their service providers (collectively, Released Parties”) specifically disclaim any responsibility and all warranties of any kind, whether express or implied, as to the operation of the service or equipment. You agree your use of and access to the service and any equipment are at your sole risk. The service and any equipment used to make available such service is provided on an “as is” and an “as available” basis.
Limitation of Liability
In no event shall Released Parties be liable to you or any third party for any special, indirect, consequential or punitive loss or damage or any breach of this agreement, including but not limited to loss of profits, loss of business or goodwill, loss of use even if we have been advised of the possibility of such loss or damage or any claim by any third party. Released Parties shall not be liable if the service cannot be provided (or any part thereof) or for any failure to perform any obligations contained in this Agreement due to, direct or indirect, failure of any equipment or any industrial dispute, war, flood, explosion, act of God or any other event beyond our control.
In addition, notwithstanding anything contrary herein, although RizeCU will take commercially reasonable precautions to protect the service and avoid deletion, corruption, unauthorized modification or access of or to the service, and to provide the service error-free or uninterrupted, no representation or warranty of fitness or merchantability shall be construed under this agreement, and released parties specifically disclaim all liability whatsoever with respect to any failure to protect the service or provide the service error-free or uninterrupted.
Indemnity
You agree to indemnify and hold harmless the Released Parties from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein.
Exclusions & Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability or incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Dispute Resolution
Any claim shall be handled in accordance with the dispute resolution provisions described in the Membership Agreement & Disclosure.