Updated August 4, 2014
Copyright and Trademark Notice
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ASSUMPTION OF RISK AND WAIVER OF LIABILITY.
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT IN ACCESSING AND USING THE SITE, INCLUDING LOSS, THEFT, BREACH, MISUSE, OR UNAUTHORIZED USE OF PERSONAL INFORMATION. YOU EXPRESSLY ASSUME THESE RISKS, AGREE TO ACCESS AND USE THE SITE AT YOUR OWN RISK, AND AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST VILLASPORT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (“VILLASPORT PARTIES”), RELATED TO SUCH ACCESS OR USE (INCLUDING CLAIMS ON BEHALF OF YOUR MINOR CHILDREN) FOR ANY DAMAGE, LOSS, OR INJURY OF ANY KIND SUSTAINED BY YOU OR ANY PERSON ON YOUR MEMBERSHIP OR IN YOUR HOUSEHOLD CAUSED AS A RESULT OF VILLASPORT'S NEGLIGENCE, BUT NOT THOSE RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR RECKLESS DISREGARD, UNLESS PROHIBITED BY APPLICABLE LAW.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ACCESSING THE SITE ON AN "AS IS, WHERE IS, AND AS AVAILABLE" BASIS. VILLASPORT IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN THE CONTENT OF, THE SITE OR ANY PARTICULAR FEATURES OR SERVICES OFFERED THEREIN. VILLASPORT DOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, AND SERVICES ON THE SITE OR THE ERROR-FREE USE OF THE SITE. VILLASPORT IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM ACCESS TO OR USE OF THE SITE. VILLASPORT IS PROVIDING THE SITE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (TO THE EXTENT PERMITTED BY APPLICABLE LAW), INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM A COMPUTER VIRUS.
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LIMITATION OF LIABILITY
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To the extent that any part of these terms are determined to be invalid or unenforceable by a court of competent jurisdiction, that part shall be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of these terms shall remain in full force and effect. You agree that VillaSport's failure to exercise or enforce a legal right, remedy or benefit which is contained in these terms or any applicable law does not constitute waiver of its right to do so later. Unless the context indicates otherwise, “including” shall mean without limitation.