Disclaimer

DISCLAIMER & LIMITATIONS ON LIABILITY

GENERAL DISCLAIMER. The “JetPack” System, Software, Services, Site, and any instruction or materials provided by or through us or any of our third party licensors or suppliers under or in connection with our [User] [Subscription] Agreement or our Terms of Use (“TOU”) or which at any time or times comprise any part of the JetPack System (collectively the “Offerings”) are provided “AS IS” and “AS AVAILABLE”. NEITHER WE NOR ANY OF OUR THIRD PARTY LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO ANY OF THE OFFERINGS.  TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, AND OUR THIRD PARTY LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.  NEITHER WE NOR ANY OF OUR THIRD PARTY LICENSORS OR SUPPLIERS WARRANT THAT ANY OF THE OFFERINGS WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT, FILES, DATA OR OTHER MATERIALS (INCLUDING BUT NOT LIMITED TO ANY CUSTOMER CONTENT) UPLOADED TO, DOWNLOADED FROM, OR STORED BY OR WITHIN ANY OF THE OFFERINGS WILL BE TIMELY, CURRENT OR SECURE, OR WILL NOT BE LOST, CORRUPTED OR OTHERWISE DAMAGED OR IMPAIRED, OR THAT WE OR THEY WILL BE ABLE TO PREVENT DISRUPTION OF OR TO ANY OF THE OFFERINGS OR THAT WE OR THEY WILL CORRECT ANY DEFECTS. 

You are responsible to check with your state,  provincial, OR LOCAL governing board OR REGULATORY AUTHORITY to ensure that the practice building tools used in this online program are compliant with applicable laws, rules, regulations, AND standards of practice.

INTERRUPTION OF SERVICE. Neither we nor any of our third party licensors or suppliers shall have any liability whatsoever to Customer, any designated user or claimants for or with respect to any delay, outage or interruption of any Service or the unavailability in whole or in part of the System in any respect.  As between the Company and Customer, the foregoing disclaimers and limitation of liability for and with respect to any such delay, outage or interruption set forth in the immediately preceding sentence may be modified if (but then only to the extent) otherwise expressly set forth in a separate Addendum (if any) executed by and between the Company and Customer which, by its express terms amends this paragraph.

NO LIABILITY FOR THIRD PARTY WEBSITES OR SOFTWARE OR CONENT. The Site and/or the Services may contain links to websites that are not under our control. We provide such links as a convenience and the inclusion of any such link does not constitute or imply our endorsement or validation of any third party site.  We are not responsible for or with respect to any third party software, including customer installed programs, or for the contents or functionality of any third party site or any website that can be accessed via links on any third party site. We are not responsible for or with respect to any information regarding claimants whether provided by or through us or otherwise.

LIMITATIONS OF LIABILITY.

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM TOTAL LIABILITY OF OUR COMPANY (AND ANY OF OUR AFFILATES, ASSIGNEES, OWNERS, MEMBERS, OFFICERS, DIRECTORS, AND EMPLOYEES) TO CUSTOMER AND ANY OF ITS DESIGNATED USERS WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS TOU, THE AGREEMENT AND THE SERVICES PROVIDED BY OUR COMPANY SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 6 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL OUR AGGREGATE LIABILITY (AND ANY OF OUR AFFILATES, ASSIGNEES, OWNERS, MEMBERS, OFFICERS, DIRECTORS, AND EMPLOYEES) ARISING OUT OF OR RELATED TO THIS TOU, THE AGREEMENT AND THE SERVICES PROVIDED BY OUR COMPANY EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.
  2. CONSEQUENTIAL AND RELATED DAMAGES. IN NO EVENT WILL WE (AND ANY OF OUR AFFILATES, ASSIGNEES, OWNERS, MEMBERS, OFFICERS, DIRECTORS, AND EMPLOYEES) HAVE ANY LIABILITY TO CUSTOMER AND ANY OF ITS DESIGNATED USERS FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF WE(AND ANY OF OUR AFFILATES, ASSIGNEES, OWNERS, MEMBERS, OFFICERS, DIRECTORS, AND EMPLOYEES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
  • Customer and each Designated User hereby expressly waives any claim that the foregoing exclusions deprive them of an adequate remedy.