The Site provides users with guides, resources, materials, and an opportunity to apply for certain services (the “Services”). To the extent that you request to receive our guides, resources, and materials, and/or subscribe to receive our email newsletter, we request the following information: your first name, last name, email address, and phone number. We use this information to send you requested information, and information that may be of interest to you, including by email, phone, and/or text, as noted below.
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THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THERE SHALL BE NO LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SITE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT.
You hereby indemnify, defend, and hold harmless the Site, their owner, affiliates, and all officers, directors, owners, and agents (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
In the event that we determine, in our sole discretion, that you have violated this Agreement, we shall have the right to immediately terminate your use of the Site, in addition to electing to pursue any other remedies available to it under applicable law.
The law of the State of California without reference to their rules regarding conflicts of law shall govern use of the Site, the validity and construction of this Agreement, and the interpretation of the rights and duties arising under such.
If for whatever reason, any term or condition in this Agreement is determined to be unenforceable, all other provisions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.