5. NO WARRANTY; DISCLAIMERS; LIMITATION OF LIABILITY.
(a) THE INFORMATION PROVIDED THROUGH OR IN THE SERVICES AND PRODUCTS IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.
(b) WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS, OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SERVICES OR PRODUCTS OR ANY CONTENT OF THE SERVICES OR PRODUCTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING), STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, AND NON-INFRINGEMENT, WITH REGARD ANY PRODUCT OR SERVICE YOU ORDER OR PURCHASE FROM US. THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.
(c) FOR THE AVOIDANCE OF DOUBT, CRC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT OR OBTAIN ANY AUDIENCE, PUBLICITY, OR REVENUE AS A RESULT OF ORDERING OR PURCHASING ANY OF OUR SERVICES OR PRODUCTS OR AS A RESULT OF USING OR VIEWING ANY OF THE SERVICES, PRODUCTS, OR OTHER IDEAS, TOOLS, STRATEGIES, ADVICE, OR RECOMMENDATIONS PROVIDED IN CONNECTION WITH ANY SUCH SERVICES OR PRODUCTS. ALL STATEMENTS MADE BY US IN CONNECTION WITH THE SERVICES OR IN ANY PRODUCTS ARE SIMPLY OUR OPINION AND NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE. THE INFORMATION PROVIDED BY CRC (WHETHER IN CONNECTION WITH SERVICES OR A PRODUCT OR OTHERWISE) SHOULD NEVER BE CONSIDERED LEGAL, FINANCIAL, OR HEALTH ADVICE OR COUNSEL. YOU SHOULD CONSULT WITH A LICENSED ATTORNEY, FINANCIAL ADVISOR, ACCOUNTANT, OR HEALTHCARE PRACTITIONER, AS APPLICABLE, IN CONNECTION WITH ANY MATTER THAT MAY IMPACT YOUR LEGAL RIGHTS, FINANCIAL OR TAX POSITION OR LIABILITY, OR MENTAL OR PHYSICAL HEALTH. UNLESS EXPLICITLY STATED IN WRITING ACKNOWLEDGED BY US, NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES OR IN ANY PRODUCT IS PERSONALIZED TO YOUR PARTICULAR CIRCUMSTANCES.
(d) SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
(e) TESTIMONIALS, ENDORSEMENTS, AND COMMENTS BY OUR CUSTOMERS OR AUDIENCE REGARDING OUR SERVICES AND PRODUCTS, OR THE RESULTS OBTAINED BY ANY SUCH CUSTOMER OR AUDIENCE MEMBER, ARE MERELY THE OPINION OF THE INDIVIDUAL PROVIDING SUCH TESTIMONIAL, ENDORSEMENT, OR COMMENT. THE RESULTS EXPERIENCED BY INDIVIDUALS RECEIVING OR USING THE SERVICES OR PRODUCTS MAY VARY SIGNIFICANTLY.
(f) IF YOU DOWNLOAD ANY SOFTWARE PROGRAM, MATERIAL, OR CONTENT FROM THE INTERNET IN ORDER TO RECEIVE OR UTILIZE THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SOFTWARE PROGRAM, MATERIAL, OR CONTENT. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING THE TECHNOLOGY RESOUCES NECESSARY TO OBTAIN, VIEW, PLAY, OR OTHERWISE PARTICIPATE IN THE SERVICES. CRC SHALL NOT BE RESPONSIBLE FOR ANY INABILITY TO ACCESS THE SERVICES AS A RESULT OF YOUR USE OF SUCH IMPROPER OR INCOMPATIBLE TECHNOLOGY.
(g) YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL IN CONNECTION WITH THE DELIVERY OF THE SERVICES THROUGH THE SITE OR BY ANY OTHER MEANS.
(h) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DISCLAIMERS INCLUDED IN THESE TERMS OF SALE ALSO APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER CRC NOR ITS LICENSORS, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH CRC IS TO DISCONTINUE YOUR USE OF THE SITE, SERVICES, AND PRODUCTS.
(i) IF YOU HAVE A DISPUTE WITH US, YOU RELEASE US (AND OUR OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
(j) LIMITATION OF LIABILITY.
(i) IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF (I) YOUR CONDUCT OR THAT OF ANYONE ELSE IN CONNECTION WITH USE OF THE SERVICES OR PRODUCTS; (II) INABILITY TO ACCESS THE SERVICES, THE PRODUCTS OR ANY RELATED CONTENT THROUGH THE SITE; (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE; (V) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (VI) ANY TERMINATION OR CANCELLATION OF YOUR RIGHT TO ACCESS OR USE THE SITE OR THE SERVICES; (VII) ANY PRODUCTS OR SERVICES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; OR (VII) THE SITE OR ANY OTHER MATTER RELATING TO THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(ii) IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE ACCESSING THE SITE, CEASE USING THE SERVICES AND RELATED PRODUCTS, AND TO REQUEST A REFUND PURSUANT TO SECTION 4. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT SERVICE SO PRODUCTS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
6. Intellectual Property Use and Ownership.
(a) All uses on this Site of the terms "sell," "sale," "resell," "resale," "purchase," "price," and the like, when used in connection with Services, mean the purchase or sale of a limited license. Each Service marketed on the Site is made available solely for license, not sale, to you and other prospective customers.
(b) You will not cause, induce, or permit others' noncompliance with these Terms of Sale or this limited license.
(c) CRC and its licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to each Product and Service made available on this Site and any related specifications, instructions, documentation, or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights, subject only to the limited license granted hereunder. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Services made available through this Site, or of any intellectual property rights relating to those Services.
(e) Use Restrictions. You shall not, directly or indirectly:
(i) use (including make any copies of) the applicable Services or Products beyond the scope of the limited license granted under this Section 6;
(iii) provide any other individual or entity, including any subcontractor, independent contractor, affiliate, or service provider, with access to or use of the Services or Products, and, if you are provided with a user name, password, or other method of accessing the Services, you shall maintain the confidentiality of such method of accessing the Services and shall not share it with any other individual or entity;
(iv) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services, Products, or any part thereof;
(v) combine the Services or Products or any part thereof with, or incorporate the Services or Products or any part thereof in, any other programs, course, or other material;
(vi) copy the Services or Products, in whole or in part;
(vii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Products to any other individual or entity for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time sharing, service bureau, software as a service, cloud, or other technology or service;
(viii) take photographs or video recordings or make photocopies or other electronic reproductions of any aspect or element of the Services or Product (including, without limitation, any workbook or coursebook provided to you) or post any such photograph ,video, or other reproduction without our prior written consent;
(ix) keep or maintain access to any Services or Product after your limited license has expired (whether pursuant to the term stated in an order confirmation or invoice or due to our earlier termination of your limited license); or
(x) use the Services or Product in violation of any law, regulation, or rule.
(f) Term and Termination. The limited license granted hereunder shall remain in effect for the term set forth on the applicable order confirmation or invoice or until earlier terminated as set forth herein (the "Term").
(i) We may terminate your limited license, effective immediately upon notice to you, if you or any of your employees or agents, breach this Agreement.
(ii) At the conclusion of the Term, or if this limited license is sooner terminated, we may remotely terminate your ability to use and view the Services.
8. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale caused by or arising out of any event, act, occurrence, or circumstance beyond CRC’s reasonable control, including, without limitation, the laws, regulations, or orders of any governmental, regulatory, or judicial authority, war, civil commotion, destruction of facilities or materials, fire, flood, earthquake, storm (or other act of God), labor disturbances, riots, protests, heath epidemics and pandemics (whether or not declared by any governmental authority), shortage of material, or failure of public utilities or common carriers.
9. Governing Law and Jurisdiction. These Terms of Sale shall be governed by and construed in accordance with the laws of the State of South Carolina without regard to choice of law principles. You consent to the sole and exclusive venue and jurisdiction of the federal and state courts situated in or having jurisdiction over Charleston, South Carolina. Any case, controversy, action, or dispute relating in any way to these Terms of Sale or your use of the Products or Services shall be subject to the exclusive jurisdiction of the state or federal courts located in Charleston, South Carolina. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Sale.
10. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section 10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
11. No Waivers. The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of CRC.
12. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us at email@example.com.
14. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.