RESTRICTIONS ON USE OF MATERIALS
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THE MATERIALS AND PRODUCTS OFFERED ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS OFFERED ON THIS SITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ON THE INTERNET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AND PRODUCTS OFFERED ON THIS SITE IN TERMS OF THEIR FUNCTION, SAFETY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ANY DAMAGES RESULTING FROM THE USE OF MATERIALS OR PRODUCTS OFFERED ON THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOUR USE OF THE SITE OR THE MATERIALS AND PRODUCTS OFFERED.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ELECTRO LUMINESENCE INCORPORATED, IT OFFICERS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE ELECTRO LUMINESCENCE INCORPORATED WEB SITE OR THE MATERIALS AND PRODUCTS OFFERED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOUR USE OF THE SITE OR MATERIALS OR PRODUCTS OFFERED. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR FOR USE OF THE MATERIALS AND PRODUCTS OFFERED ON THE SITE.
By using this web site, you agree not to disrupt the functioning of the web site, solicit information about other users, or otherwise act in a way that interferes with other users' use of the website. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.
This Agreement constitutes the entire agreement between you and Electro Luminescence Incorporated for your use of the web site including the purchase of materials and products offered on the site, superseding any prior agreements. The laws of the State of California except for its conflict-of-law provisions govern this Agreement and our relationship. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in California for any claim or dispute with Electro Luminescence Incorporated or any of its subsidiaries, affiliates (including related web sites), officers, agents, or employees. Our failure to enforce any right under this Agreement will not waive that right. If any provision of this Agreement is invalid, the Agreement should be interpreted to affect the intent of the parties, and the remaining provisions will remain in effect. You must file any claim or suit related to the web site within one year after it arises. The section titles in this Agreement are for convenience only and have no substantive effect.
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