|
f ,rnqail DFS Extranet Terms of Use
<br />FUELING SOLUTIONS
<br />create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge,
<br />transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later
<br />developed), without credit or compensation to you.
<br />12.LINKS AND EXTERNAL MATERIALS
<br />The Site or users of the Site may provide links or other connections to other websites or resources.
<br />You acknowledge and agree that DFS does not endorse and is not responsible for any content, advertising,
<br />products, services or other materials on or available through such sites or resources ("External Materials").
<br />External Materials are subject to different terms of use and privacy policies. You are responsible for reviewing
<br />and complying with such terms of use and privacy policies. You further acknowledge and agree that DFS shall
<br />not be liable for any damage or loss resulting from or arising out of use of or reliance on any External Materials.
<br />13.MODIFICATIONS TO THE SITE
<br />DFS reserves the right to modify, suspend or discontinue the Site or any product or service to which
<br />it connects, with or without notice, and DFS shall not be liable to you or to any third party for any such
<br />modification, suspension or disc ontinuance. DFS may at its sole discretion from time to time develop patches,
<br />bug fixes, updates, upgrades and other modifications to improve the performance of the Site or related services
<br />("Updates").
<br />14.INDEMNIFICATION
<br />You shall indemnify, defend and hold DFS harmless from and against all claims, demands, losses, damages,
<br />costs, liabilities and expenses, including reasonable attorneys' fees, resulting from or arising out of: (i) Your
<br />Content; (ii) your violation of this TOU, any law or regulation, or any rights (including intellectual property rights)
<br />of another party; or (iii) your access to or use of the Site.
<br />15.DISCLAIMER OF WARRANTIES
<br />(a)YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS"
<br />AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
<br />LAW, DFS EXPRESSLY DIS CLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED
<br />OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING
<br />THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
<br />AND NON-INFRINGEMENT.
<br />(b)DFS MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE SITE WILL MEET YOUR
<br />REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE
<br />OR ERROR-FREE; OR (iii) THE INFORMATION, CALCULATIONS AND ANY RESULTS THAT MAY BE
<br />OBTAINED FROM ACCESS TO OR USE OF THE SITE WILL BE ACCURATE, RELIABLE, CURRENT OR
<br />COMPLETE. ALL CONTENT MADE AVAILABLE THROUGH THE SITE IS MADE AVAILABLE FOR
<br />INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY
<br />RESPONSIBLE FOR VERIFYING THE ACCURACY AND COMPLETENESS OF ALL CONTENT OBTAINED
<br />FROM THE SITE BEFORE TAKING ANY ACTION BASED UPON SUCH CONTENT.
<br />(c)THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND
<br />YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY
<br />SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS
<br />AG REEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
<br />16.LIMITATION OF LIABILITY
<br />(a)DFS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR COST OF COVER, OR INDIRECT,
<br />INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES
<br />ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF DFS
<br />HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND
<br />REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL DFS' TOTAL
<br />LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS TOU OR YOUR
<br />ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE EXCEED THE GREATER OF FIFTY
<br />Page I 5
|