Disclaimer of Warranty
FairGaze expressly disclaims warranties of any kind for any use of or any access to www.FairGaze.com and/or for any material, information, links, or content presented on this Website, to any external Website linked thereto, and to any external material, information, links, or content linked thereto.
Neither FairGaze or its affiliates, nor any third-party content providers or licensors gives any warranty whatsoever, including without limitation, that the operation of the website will be uninterrupted or error-free; including the server that makes it available, is free from viruses or other harmful components; as to the results that may be obtained from the use of the content or other materials on the website; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any content, product or service provided on or accessible from the Website.
This Website and all content, products and services included in or accessible from this Website (including but not limited to any third-party information) are provided "as is" basis and without warranties or representations of any kind (express, implied and statutory, including but not limited to the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose), all of which FairGaze disclaims to the fullest extent permitted by law. The use of the Website is at the User’s own risk. FairGaze gives no warranty regarding the quality of any Products or Services.
Limitation of Liability
For breach or default by FairGaze of any of the provisions of these terms and conditions or the resultant agreement, FairGaze’s entire liability, regardless of the form of action, whether based on contract or tort or otherwise (including negligence), will in no event exceed the Subscription charges / Fee paid to FairGaze by the User, under this agreement (if any).
To the fullest extent permitted by law, in no event and under no circumstances and under no legal theory, tort, contract, or otherwise shall FairGaze be liable, for special, incidental, indirect, or consequential losses or damages of any kind (including but not limited to, loss of business, loss of revenue, loss of profits, loss of data, failure to realize expected profits or savings or other commercial or economic loss of any kind) arising out of any access to or any use of or any inability to access or use of this Website (including any material, information, links, and content accessed through this Website or through any linked external Website or its services).
FairGaze has created, acquired or otherwise has rights in, and may, in connection with the performance of services hereunder, employ, provide, modify, create, acquire or otherwise obtain rights in, various concepts, ideas, methods, methodologies, procedures, processes, know-how, and techniques; models (including, without limitation, function, process, system and data models); templates; the generalized features of the structure sequence and organization of software, user interfaces and screen designs; and consulting and software tools, utilities and routines (collectively, the “FairGaze Intellectual Property”).
Except for the Content submitted by the Users, (including Registered members), FairGaze retains all right, title and interest to FairGaze Intellectual Property, documentation, software, Platform and Website developed by it. FairGaze shall continue to own all right, title and interest in all patents, trademarks, copyrights, confidential information, trade secrets, and other intellectual property rights as it owned on the effective date of this agreement. No license under any patents, trademarks, copyrights, confidential information, trade secrets, or other intellectual property rights is granted or implied by either party. The User shall acquire no right or interest in such intellectual property. Nothing in this agreement shall be construed as precluding or limiting in any way the right of FairGaze to sale or supply or provide services of any kind or nature whatsoever to any person or entity. In addition, and notwithstanding anything herein to the contrary, the User acknowledge and agree that (a) FairGaze will own all right, title, and interest, including, without limitation, all rights under all patents ,trademarks, copyright, and other intellectual property laws, in and to the FairGaze Intellectual Property, and (b) FairGaze may employ, modify, disclose, and otherwise exploit the FairGaze Intellectual Property (including, without limitation, providing Services or creating programming or Systems for other customers / clients/users) as it may deem fit from time to time.