PLEASE READ THIS SECTION CAREFULLY, AS THIS SECTION LIMITS KVM TOOLS LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE KVM TOOLS AND OR KVMTOOLS.COM PROPERTY, OR ANY OTHER KVM TOOLS PROPERTY FEATURE OR FUNCTION. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE KVM TOOLS PROPERTY. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
KVM TOOLS MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OR FUNCTIONS OF THE KVM TOOLS PROPERTY, THE KVMTOOLS.COM CONTENT, USER CONTENT PROVIDED BY YOU OR ANY OTHER USER, OR ANY OTHER KVM TOOLS PROPERTY FEATURE OR FUNCTION, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIAL OR SYSTEMS WILL BE AT YOUR OWN RISK. KVM TOOLS MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR USER CONTENT WILL BE PRESERVED. KVM TOOLS DOES NOT ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY INFORMATION PROVIDED BY USERS AND NOTHING SHALL BE CONSIDERED AS AN ENDORSEMENT, VERIFICATION OR GUARANTEE OF ANY USER CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY USE OR RELIANCE ON ANY USER CONTENT WILL BE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH USE OR RELIANCE. YOU SHALL NOT CREATE OR DISTRIBUTE INFORMATION, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS, PRESS RELEASES OR OTHER MARKETING MATERIALS, OR INCLUDE LINKS TO ANY SITES WHICH CONTAIN OR SUGGEST AN ENDORSEMENT BY KVM TOOLS WITHOUT THE PRIOR REVIEW AND WRITTEN APPROVAL OF KVM TOOLS LEGAL TEAM. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL PRODUCTS YOU FIND THROUGH THE VISUAL SEARCH FUNCTIONALITY MEET YOUR REQUIREMENTS, AND WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSSES YOU OR SOMEONE ELSE WHO MIGHT SUFFER AS A RESULT OF YOUR USE OF THE VISUAL SEARCH FUNCTIONALITY, INCLUDING IF YOU BUY ANY PRODUCTS FOUND THROUGH THE VISUAL SEARCH FUNCTIONALITY THAT ARE MISMATCHED, MISDESCRIBED OR UNSUITABLE FOR YOUR NEEDS.
THE KVM TOOLS PROPERTY IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE KVM TOOLS PROPERTY OR ANY INFORMATION OR TECHNOLOGY THEREIN. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KVM TOOLS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PERSONAL INJURY or WRONGFUL DEATH, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE KVM TOOLS PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER KVM TOOLS OR ITS LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL KVM TOOLS OR ITS LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND KVM TOOLS OR ITS LICENSORS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE KVM TOOLS PROPERTY'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL KVM TOOLS, ITS AFFILIATES, AGENTS, DIRECTORS, OFFICERS OR LICENSORS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND OTHER RIGHTS MAY BE AVAILABLE. WITHOUT LIMITING THE ABOVE, IF KVM TOOLS IS FOUND TO BE LIABLE FOR ANY DAMAGES OF ANY KIND, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO FIFTY DOLLARS ($50).