22.1 Products “As Is” and “As Available”. EXCEPT AS OTHERWISE PROVIDED IN SECTION 22 HEREOF, ALL CONTENT AND/OR PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” 508 SOFTWARE HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE WEBSITE, PRODUCTS OR THE CONTENT. 508 SOFTWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE WEBSITE, THE PRODUCTS, OR THE CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. 508 SOFTWARE DOES NOT WARRANT THAT THE WEBSITE, PRODUCTS, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY 508 SOFTWARE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by 508 Software in writing, contractors, agents, dealers or distributors of 508 Software or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
22.2 Use at Your Own Risk. THE USE OF THE 508 SOFTWARE WEBSITE, PRODUCTS, OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. 508 SOFTWARE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY PRODUCTS OR THIRD-PARTY MATERIAL(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 508 SOFTWARE OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
The Website and Products may contain references to specific 508 Software Products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such Products shall be available at any time in any particular country.
You understand and AGREE that by Using the Website and Products, You may be exposed to Content that You may find offensive, indecent or objectionable and that, in this respect, You Use the Website and Products at Your own risk.
22.3 Lack of Liability. IN NO EVENT SHALL 508 SOFTWARE OR ANY OF ITS PARTNERS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION). THIS REFUSAL OF LIABILITY SHALL EXIST UNDER ANY THEORY OF LIABILITY RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE OR PRODUCTS, OR THE CONTENT, PRODUCTS, STATEMENTS, OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE AND PRODUCTS, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, OR ANY PRODUCTS AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF 508 SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST 508 SOFTWARE PERTAINING TO OR IN CONNECTION WITH THE WEBSITE AND PRODUCTS MUST BE COMMENCED AND NOTIFIED TO 508 SOFTWARE IN WRITING WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
22.4 Limitation of Liability. IN NO EVENT SHALL 508 SOFTWARE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE COST OF THE PRODUCT(S) PURCHASED OR LICENSE PURCHASED. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
22.5 Third-party Affiliate Links disclaimer. In compliance with the FTC guidelines, please assume that the Website may contain Affiliate Links, that are references to third-party/external resources and websites. When You click on them and make purchases, 508 Software may receive compensation for it. This means that a special tracking code is used after an Affiliate Link is clicked or tapped, and that 508 Software may earn a commission on the sale of an item if you purchase through one of the Affiliate Links. The price of the item stays the same for you whether it is an Affiliate Link or not. In some cases, 508 Software may also use an Affiliate Link along with a discount code. In these cases, the end-user price may be LESS for You when such links are clicked or tapped.
22.6 Amazon Affiliate Links disclaimer. 508 Software is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn commissions by linking to Amazon.com or Amazon’s affiliated websites. Pages on this Website may include Affiliate Links to Amazon and its affiliate sites on which 508 Software may earn a referral commission.