DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
By using the Site or other Offerings, you expressly agree that:
The Site and other Offerings are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, except as expressly noted in the section of this Agreement entitled New Horizon Customer Guarantee.
- We do not make any warranty that (i) the Site or Offerings will meet your requirements; (ii) the Site or other Offerings will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Site or other Offerings will be accurate or reliable; or (iv) any errors in the Site or other Offerings will be corrected.
- Your use of the Site or other Offerings is at your sole risk. Advice, statements or opinions should not be relied upon when making important personal, medical, legal or financial decisions.
- You should consult a professional to obtain specific advice appropriate to your circumstances. You are solely responsible for any damage to you or to any third party caused, directly or indirectly, by any material that you download or obtain through the Site or other Offerings. We may not be held liable for any damages or harm attributable to viruses or other destructive materials.
- We make no representations or warranties regarding independent distributor web sites, including warranties of merchantability or fitness of purpose. You should not rely on any representations or warranties contained on any independent distributor web sites.
- The Company must approve any additional warranties in writing.
You agree not to hold us, our officers, directors, employees, agents, designees, representatives, independent distributors, or our suppliers liable for any direct, indirect, incidental, special, consequential or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if we have been advised that such losses may occur, which result from:
- your inability to access your registration data at any time;
- your participation as an New Horizon Independent Distributor;
- your use or inability to use the Site or your purchase or use of other Offerings;
- unauthorized access to or alteration of your transmissions or data; or
- the acts of any third party related to the Site or other Offerings.
You hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if we have been advised of the possibility of such damages. Depending on the applicable jurisdiction, some of the limitations contained in this Section may not apply to you.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, designees, independent Distributors and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or in any way related to:
- your acts or omissions in connection with the Site or other Offerings;
- the acts or omissions of any person in connection with the Site or other Offerings using your account;
- your purchase or use of the Site or other Offerings and the purchase or use of the Site or other Offerings by any person using your account;
- breach of any provision of this Agreement;
- any allegation that any materials submitted to us, transmitted to us or through the Site or other Offerings infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
- violation of the rights of any party, including without limitation any claims of libel, defamation, violation of rights of publicity, trespass, and infringement of intellectual property or other proprietary rights.
If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle any claim or action.