L i m i t a t i o n  o f  L i a b i l i t y

The Brief Version
  • "Fixstars Solutions of Colorado, Inc." will be referred to in this document as "FSS"
  • FSS is not liable for errors on our website.
  • FSS is not liable for the content of websites to which we have linked.
  • FSS is not liable if our website causes your web browser or computer difficulties.
  • If you download FSS software from our website, the software is "as-is".
  • If you download FSS software from a site other than ours, the software is "as-is".
  • This document is upheld by the State of Colorado and U.S. Federal Courts.



The Long Version

The Website ("Terms")
The websites created, owned, and hosted by FSS may contain legal inaccuracies or typographical errors. Changes are periodically made to the Website. These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional communications. FSS can revise these Terms at any time without notice other than the updating of this posting.

Links to 3rd Part Sites
This Website may be linked to other websites which are not under the control nor maintained by FSS. FSS is not responsible for the content of those sites. FSS provides these links only as a convenience, and the inclusion of any link to such sites does not imply endorsement by FSS.

Software Use
Any software that is made available via download from the Website ("Software") is the copyrighted work of FSS and/or third parties. Your use of the Software is governed by the terms of the end user license agreement which accompanies the Software ("License Agreement"), either in printed or electronic format. You must first read and agree to the License Agreement prior to installing any FSS products.

Our software is warranted only in accordance with the terms of the license agreement included with the your purchased software.

Disclaimer of Warranty
UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. FSS MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS.

Limitation of Liability
FSS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS ON THIS WEBSITE. IN NO EVENT SHALL FSS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF FSS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE or CD AND WILL NOT MAKE A CLAIM AGAINST FSS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD FSS HARMLESS FROM, AND YOU COVENANT NOT TO SUE FSS FOR, ANY CLAIMS BASED ON USING THE WEBSITE or CD.

My court or yours?
Any action related to this Website will be governed by the laws of the State of Colorado and where applicable, U.S. federal law. No choice of law rules of any jurisdiction will apply.




 
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