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TIMELINESS; BEST EFFORT.
Form Runner, Inc. makes its best effort to deliver its services in as timely a manner as possible. However, there are risks associated with utilizing Internet-based communications services, including, but not limited to, hardware malfunction, software failure, Internet connection problems. Because Form Runner, Inc. does not control signal power, reception or routing via the Internet, the configuration of your equipment or the reliability of its connection, Form Runner, Inc. cannot be responsible for communication failures, distortions or delays you may experience while utilizing its services via the Internet.
SITE AND SERVICES.
Form Runner, Inc. does not guarantee that access to or use of this web site or any associated services will be uninterrupted or error free, and Form Runner, Inc. shall not be liable for any feature not being accessible or for any unavailability of its web site and services. The web site and its features may be expanded, limited or modified at any time by Form Runner, Inc.. without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the web site, without notice.
USAGE BY CUSTOMER.
You understand and agree that the service provided to each individual account is designed for use by a single customer, and that if you are working in an organization where more than one customer would like to make use of the Form Runner, Inc., services, each person so desiring to use the Form Runner, Inc., services will need to establish their own account. Attempts to utilize an account by more than one person may be grounds for suspension of that account.
Form Runner® is a registered servicemark of Form Runner, Inc., and OnsiteForms℠ and Fill In My PDF℠ are servicemarks of Form Runner, Inc.. Other product and company names mentioned herein may be the trademarks or servicemarks of their respective owners.
You agree to indemnify and hold Form Runner, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of you or your company's use of the Service, the violation of this Agreement, or infringement by you or your company, or other user of the Service using your computer or a computer of your company, of any intellectual property or any other right of any person or entity.
LIMITATION OF LIABILITY.
Under no circumstances shall Form Runner, Inc., its officers, directors, shareholders agents or its third-party providers be liable for any direct, indirect, incidental, punitive, special or consequential damages (including without limitation, attorneys' fees), whether in an action of contract, negligence or other torturous action, that result from the use of, or the inability to use, any materials available on this website, even if Form Runner, Inc. has been advised of such damages. If you are dissatisfied with any Form Runner, Inc. information or other materials, or any of its alerts and services, or with any of the terms and conditions contained in this website, your sole and exclusive remedy is to discontinue using the Form Runner, Inc. and alerting services. If Form Runner, Inc., Inc. or any of its third-party providers are found liable in connection with a claim arising out of or related to the services or the Information, their aggregate liability in such an event shall not exceed the amount of the fees paid by you for use of the service during the month in which the event giving rise to the liability occurred. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from Form Runner, Inc., Inc. or its third-party providers. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
DISCLAIMER OF WARRANTIES.
CONNECTED TRADING LLC DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS WEB SITE AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT OR ITS ALERTS AND SERVICES, IN ANY WAY AND FOR ANY PURPOSE.
EXCLUSION OF CONSEQUENTIAL DAMAGES.
IN NO EVENT WILL CONNECTED TRADING LLC BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR ANY OF ITS CONTENT OR ALERTS OR SERVICES, OR LOSS OF DATA, EVEN IF CONNECTED TRADING LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.
EXCLUSION OF LIMITATIONS AND DISCLAIMERS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS CONNECTED TRADING LLC'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
MODIFICATION OF THESE TERMS AND CONDITIONS.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.