1. Disclaimer of Warranties

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE BETA SERVICE IS AT YOUR SOLE RISK. THE BETA SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. RIPCORD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RIPCORD MAKES NO WARRANTY THAT THE BETA SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR THAT ANY ERRORS IN THE SOFTWARE OR BETA SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE BETA SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE BETA SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM RIPCORD, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

 

2. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RIPCORD BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF THE BETA SERVICE, THE USE OF OR INABILITY TO USE THE BETA SERVICE, EVEN IF RIPCORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RIPCORD RELATED TO THE BETA SERVICE SHALL BE CANCELLATION OF THE BETA SERVICE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.