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Book Disclaimer
1. Restricted Rights
(1) The Information is provided with RESTRICTED RIGHTS. The Provider’s logo and the Provider brand and product names referenced herein are either registered trademarks or trademarks of the Provider. All other brand and product names mentioned herein are trademarks of their respective owners.
(2) Unless expressly provided otherwise by the Provider, all comments, feedback, information or materials submitted to the Provider through or in association with the Provider’s Websites shall be considered non-confidential and the Provider’s property. By submitting such comments, feedback, information or materials to the Provider, you agree to a no-charge assignment to the Provider of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. The Provider shall be free to use, copy or distribute such comments, feedback, information or materials on an unrestricted basis without accounting to you.
2. No Warranties
ALL CONTENT, PRODUCTS, AND SERVICES ON THE PROVIDER’S BOOKS, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. LISTENING WITH HEART INC. DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE PROVIDER’S BOOKS OR A LINKED SITE BY ANY PARTY OTHER THAN LISTENING WITH HEART INC., OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL LISTENING WITH HEART INC. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE PROVIDER’S BOOKS OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE PROVIDER’S BOOKS, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
3. Limitation of Liability For Use of the Provider’s Books and Linked Sites
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE PROVIDER’S BOOKS OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND LISTENING WITH HEART INC. SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE PROVIDER’S BOOKS AND LINKED SITES. LISTENING WITH HEART INC. MAY MAKE IMPROVEMENTS OR CHANGES TO THE PROVIDER’S BOOKS AT ANY TIME. YOU AGREE THAT LISTENING WITH HEART INC., ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PROVIDER’S BOOKS OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE PROVIDER’S BOOKS OR A LINKED SITE, EVEN IF LISTENING WITH HEART INC. IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. LISTENING WITH HEART INC. CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE PROVIDER’S WEBSITES OR ANY LINKED WEBSITE.
4. Limitation of Liability for Services Arranged Through the Provider’s Books and Linked Sites
YOU AGREE THAT LISTENING WITH HEART INC. IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH THE PROVIDER’S WEBSITES, INCLUDING BUT NOT LIMITED TO FORUM SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE PROVIDER’S WEBSITES ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS. LISTENING WITH HEART INC. HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE PROVIDER’S WEBSITES, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE LISTENING WITH HEART INC. FROM ANY LIABILITY WITH RESPECT TO THE SAME.
Copyright © 2006 Listening with Heart Inc. All Rights Reserved. Listening with Heart Inc. products, services and benefits are offered in Canada by Listening with Heart Inc. Users of this Site agree to be bound by the terms of the Listening with Heart Inc. Conditions and Terms of Use Agreement.
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