Disclaimer of Warranty; Limitation of Liability
(A) USER EXPRESSLY AGREES THAT USE OF THE WEBSITE AND ANY ITEMS OR LINKS DOWNLOADED OR ACCESSED THROUGH IT IS AT USER'S SOLE RISK. NEITHER TMC DESIGN, ITS SUBSIDIARIES AND AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE AND ACCESS TO THE MATERIAL CONTAINED WITHIN IT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE. TMC DESIGN HAS NOT REVIEWED ALL OF THE SITES LINKED TO THE WEBSITE AND IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THE WEBSITE.
(B) TMC DESIGN'S WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. TMC DESIGN MAKES NO REPRESENTATION THAT MATERIALS IN THE WEBSITE ARE LEGALLY ACCESSIBLE FROM ANY PARTICULAR LOCATION AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED.
(C) UNDER NO CIRCUMSTANCES SHALL TMC DESIGN OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING TMC DESIGN’S WEBSITE CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE, EVEN IF TMC DESIGN OR A TMC DESIGN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TMC DESIGNN ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT TMC DESIGN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE.
User agrees to defend, indemnify and hold harmless TMC Design, its parent, subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the unauthorized use of TMC Design's website by or on behalf of User.
(A) The copyright in all material provided on the website is held by TMC Design, its subsidiaries and affiliates, or provided with permission from the copyright owner.
(B) The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of TMC Design and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. The names "TMC Design," "TMC Design Corporation", or "TMC" or the TMC Design logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from TMC Design. TMC Design prohibits use of the TMC Design logo as a "hot" link to any TMC Design site unless establishment of such a link is approved in advance by TMC Design in writing.