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metalmouth
06-14-2006, 11:08 AM
FISH SNIFFER DISCLAIMER

Dealings with organizations and individuals

Your interactions with organizations and/or individuals found on or through the Fish Sniffer, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that the Fish Sniffer shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the Fish Sniffer is under no obligation to become involved.

In the event that you have a dispute with one or more other users, you hereby release the Fish Sniffer and it's officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."


Limitations of Liability


UNDER NO CIRCUMSTANCES SHALL THE FISH SNIFFER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE FISH SNIFFER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE FISH SNIFFER SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FISH SNIFFER SITE OR THE SERVICE, FROM INABILITY TO USE THE FISH SNIFFER SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FISH SNIFFER SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FISH SNIFFER SITE OR THE SERVICE OR ANY LINKS ON THE FISH SNIFFER SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FISH SNIFFER SITE OR THE SERVICE OR ANY LINKS ON THE FISH SNIFFER SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold the Fish Sniffer, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Fish Snifferyour use of the Fish Sniffer, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.