3. Third-Party References / Hyperlinks. The Website may link you to other websites or web pages on the Internet that are not operated by the Company (“Third-Party Sites”). We do not warrant, guarantee or represent the accuracy of these Third-Party Sites, nor do we endorse the accuracy or integrity of any Third-Party Site. By clicking a link on our Website, you access the Third-Party Sites at your own risk. We assume no responsibility or liability for the result or consequence of you accessing or using the Third-Party Sites.
4. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS OF — USE, WE PROVIDE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. ALL CONTENT, MATERIALS, COMMUNICATIONS, SERVICE, ENGAGEMENTS, AND — USE OF THE WEBSITE, IS AT YOUR OWN RISK,
PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THE INFORMATION WE PROVIDED IN OUR WEBSITE OR IN OUR COMMUNICATION IS ACCURATE, RELIABLE OR CORRECT.
5. Waiver to Act and Produce Certain Results. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO RESPONSIBILITY AND NO OBLIGATION TO ACT ON YOUR BEHALF. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO RESPONSIBILITY AND NO OBLIGATION TO ACT AS A RESULT OF YOU PROVIDING YOUR INFORMATION TO US WHETHER IT BE THROUGH THIS WEBSITE, BY EMAIL, BY PHONE, OR ANY OTHER FORM OF COMMUNICATION. BY ACCESSING THE WEBSITE, AND BY COMMUNICATING WITH US, YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT PROMISE, REPRESENT, GUARANTEE OR WARRANT ANY OUTCOME, INCLUDING AND NOT LIMITED TO, SECURING A LOAN OR A CERTAIN INTEREST RATE.
6. LIMITATION OF LIABILITY. YOU HEREBY ACKNOWLDGE AND AGREE THAT WE, INCLUDING OUR EMPLOYEES, INDEPENDENT CONTRACTORS, MANAGERS, DIRECTORS, OFFICERS, AGENTS, STAFF, OFFICERS, AND ATTORNEYS, TO THE MAXIMUM EXTENT ALLOWED BY LAW, SHALL HAVE NO LIABILITY TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT MAY OR DOES ARISE OUT OF YOUR — USE OF THE WEBSITE, THE TERMS OF — USE OR YOUR ENGAGEMENT OR COMMUNICATION WITH US. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER YOUR CLAIMS OR DAMAGES ARE IN EQUITY, AT LAW OR BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. YOU FURTHER AGREE THAT IF THIS PROVISION OF LIMIATION OF LIABILITY IS FOUND IN ANY WAY TO BE INEFFECTIVE, THEN THE MAXIMUM AGGREGATE
LIABILITY OF THE COMPANY SHALL BE LIMITED TO THE AMOUNT YOU PAID TO THE COMPANY FOR SERVICES.
7. Indemnification. Upon a request by the Company, you agree to defend, indemnify, and hold harmless the Company and our respective service providers, consultants, employees, contractors, managers, attorneys, officers, and directors, from all costs, damages, liabilities, claims, and expenses, including, without limitation, reasonable legal fees, made by a third
place exclusively in Boston, Massachusetts. The results of arbitration shall become binding on you and us. Judgment may be entered on the arbitrator’s award in any court having jurisdiction;
the expense of the arbitration panel shall be shared equally by you and us.
BY AGREEING TO THESE TERMS YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL.
The arbitrator shall render an award in accordance with the substantive laws of the Commonwealth of Massachusetts without giving effect to choice of laws principles thereunder.
11. Nature of Content. You understand and agree that the information presented on the Website and in our communications with you shall not constitute tax, financial, or legal advice. You are advised to seek independent advisors concerning tax, financials and legal matters.
12. Attorneys’ Fees. Each party shall be responsible for its own attorney fees and costs, except a) where attorney fees required to be paid under the Indemnification provision 7, and b) where one party brings a claim against the other in court, and the other party successful compels arbitration, the party who unsuccessfully brought the claim in court shall pay the compelling party’s reasonable attorney fees and costs.
13. CLASS ACTION WAIVER. EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT. EACH PARTY WAIVES THE RIGHT TO ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.
14. Non-disparagement. Neither the Company nor you shall make any oral or written statement about the other party which is intended or reasonably likely to disparage the other party, or otherwise degrade the other party’s reputation.