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You are granted a non-exclusive, non-assignable, and non-transferable license to use the Website only under this Agreement. This license is not a sale of any of MODELXTRACKER.COM's rights. The Website may be used only by you, and you may not rent, lease, lend or sub-license its use or any data on the Website or any of your rights under this Agreement. You agree to use this Website only for personal, non-commercial, lawful purposes, unless expressly authorized to do so by MODELXTRACKER.COM. No part of the Website may be copied, modified, distributed, transmitted, displayed, performed, reproduced, used, published, licensed, derived from, transferred or sold without the express written consent of MODELXTRACKER.COM. Access to this Website with the intent to download information for other than personal use will be considered an infringement of copyright and prosecuted accordingly. Any other reproduction is strictly prohibited. If you obtain permission by written consent from MODELXTRACKER.COM to download material, you must retain all copyright and other proprietary notices displayed on the materials. Accordingly, as one of the terms of this Agreement, you represent, warrant and agree that you will not use the Website for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Website complies with this Agreement and to seek prior written permission for any uses not permitted or not expressly specified herein.
WEBSITE SECURITY RULES
You agree not to violate or attempt to violate, the security of this Website, including: (i) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding," "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any e-mail. Any of the above described violations are strictly prohibited. MODELXTRACKER.COM will investigate occurrences that involve such violations and may involve law enforcement authorities in prosecuting such violations. Violations, and attempted violations, of network security may result in civil and/or criminal liability and will be prosecuted to the fullest extent of the law.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IN NO EVENT SHALL MODELXTRACKER.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE (OR ANY LINKED, HOSTED OR CO-LOCATED WEBSITES) OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MODELXTRACKER.COM'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. MODELXTRACKER.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE. THE CONTENT PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS OR OUT-OF-DATE INFORMATION. NEITHER MODELXTRACKER.COM, ITS LICENSORS OR AFFILIATES, OR THIRD PARTY PROVIDERS GUARANTEE THE ACCURACY, QUALITY, TIMELINESS, COMPLETENESS OR CORRECT SEQUENCING OF THE INFORMATION OR WARRANT ANY RESULTS FROM USE OF THE INFORMATION. YOU ACKNOWLEDGE THAT NEITHER MODELXTRACKER.COM, ITS LICENSORS AND/OR AFFILIATES, NOR THIRD PARTY PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY ACTION OR INACTION WITH RESPECT TO INFORMATION, CONTENT, OR CHANGES IN THE WEBSITE.
LIMITATIONS OF LIABILITY AND DAMAGES
MODELXTRACKER.COM, ITS LICENSORS AND/OR AFFILIATES, THIRD PARTY PROVIDERS, AND ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION THROUGH THE WEBSITE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES EVEN IF YOU ADVISE THEM OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS FOR LOSS OF PROFITS AND DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE INFORMATION OR FOR OMISSIONS OR INACCURACIES IN THE CONTENT OR INFORMATION. AS A CONDITION TO ACCESSING AND USING THIS WEBSITE AND/OR SERVICES, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST MODELXTRACKER.COM, ITS LICENSORS AND/OR AFFILIATES, ANY THIRD PARTY PROVIDERS OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION OR PROVIDING ANY SERVICES ON THE WEBSITE OR THROUGH MODELXTRACKER.COM. BY ACCESSING OR RECEIVING INFORMATION AND/OR CONTENT, YOU AGREE THAT THE LIABILITY OF MODELXTRACKER.COM, ITS LICENSORS AND/OR AFFILIATES, ANY THIRD PARTY PROVIDERS, AND ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION THROUGH THE WEBSITE, ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE WEBSITE OR SERVICES WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE WEBSITE OR SERVICES RELATED TO YOUR CLAIM. MODELXTRACKER.COM, ITS LICENSORS AND/ OR AFFILIATES, ANY THIRD PARTY PROVIDERS, AND ANY OTHER PERSON INVOLVED IN TRANSMITTING INFORMATION THROUGH THE WEBSITE WILL NOT BE LIABLE FOR ANY LOSS THAT RESULTS FROM A CAUSE OVER WHICH THAT ENTITY DOES NOT HAVE DIRECT CONTROL, INCLUDING THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES; TELEPHONE OR OTHER INTERCONNECT PROBLEMS; BUGS, ERRORS, CONFIGURATION PROBLEMS OR THE INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE; THE FAILURE OR UNAVAILABILITY OF INTERNET ACCESS; PROBLEMS WITH INTERNET SERVICE PROVIDERS OR OTHER EQUIPMENT OR SERVICES RELATING TO YOUR COMPUTER OR NETWORK; PROBLEMS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES; PROBLEMS WITH DATA TRANSMISSION FACILITIES OR YOUR TELEPHONE, CABLE OR WIRELESS SERVICE; OR UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OTHER NATURAL DISASTERS OR LABOR DISPUTES. IN ADDITION, MODELXTRACKER.COM IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE, WIRELESS DEVICE OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THE WEBSITE OR OUR SERVICES.
You agree to defend, indemnify and hold harmless MODELXTRACKER.COM, its licensors and/or affiliates, Third Party Providers, and each of their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney fees that arise from your use of the Website or Services. MODELXTRACKER.COM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. In such event, you shall have no further obligation to provide indemnification for such matter. You agree that no joint venture, partnership, employment or agency relationship exists between you and MODELXTRACKER.COM as a result of this Agreement or your use of the Website or the Services.
MODELXTRACKER.COM may provide links to other websites as part of our Services. MODELXTRACKER.COM does not control these other websites, is not responsible for them, and makes no representations as to their availability, accuracy, content, quality, nature and copyright compliance or any viruses accessed through them. The fact that MODELXTRACKER.COM provides any such links is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and MODELXTRACKER.COM cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU HOLD MODELXTRACKER.COM LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OTHER WEBSITES. In addition, you may not link this Website or any of its web pages, Services, information, content, Third Party Information, or web pages of any Third Party Provider, or licensors or affiliates of MODELXTRACKER.COM, to your website or any website of any other party.