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DISCLAIMER AND
LIMITATION OF LIABILITY |
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The
information ("Information") accessible
by you ("VISITOR") using Acorn has many
sources that are not controlled by Acorn
and/or its licensors (collectively
"Acorn"). |
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Visitor’s
Duty: |
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VISITOR shall 1)
Determine whether the Information
complies with Visitor’s needs; 2)
Determine whether VISITOR has adequate
legal rights to store, reproduce or
otherwise make use of Information in the
manner contemplated by VISITOR; 3)
Comply with any legal obligations,
including but not limited to,
obligations imposed by copyright,
secrecy, defamation, decency, and export
laws; and 4) Isolate Information,
execute anti-contamination software and
otherwise take steps to ensure that
Information, if contaminated or
infected, will not damage Visitor’s
information or system.
INFORMATION Not
Warranted Or Guaranteed In Any Way
ACORN IS PROVIDED ON AN "AS IS, AS
AVAILABLE" BASIS. ACORN MAKES NO
WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO
ACORN OR ANY 'INFORMATION'.
Acorn does not
warrant or guarantee 1) the accuracy,
adequacy, quality, correctness,
validity, completeness, or suitability
of any Information for any purpose; 2)
that any Information will be free of
infection by viruses, worms, Trojan
horses or anything else manifesting
contaminating or destructive properties;
3) that the Information will not contain
adult-oriented material, or material
which some individuals may deem
objectionable; or 4) that the functions
or services performed by Acorn will be
uninterrupted or error-free or that
defects in Acorn will be corrected. |
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No Acorn
Liability |
In no event shall
Acorn be liable to anyone for any
delays, inaccuracies, errors or
omissions with respect to the
Information or the transmission or
delivery of all or any part thereof, for
any damage arising there from or
occasioned thereby, or for the results
obtained from the use of the
Information.. Acorn will not be
responsible if any Information infects
or contaminates a Visitor’s system or
information. The entire risk as to the
quality and performance of Acorn and the
accuracy, adequacy, completeness,
current ness, validity and quality of
any Information is with the VISITOR.
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IN NO EVENT WILL
ACORN BE LIABLE TO ANY PARTY (I) FOR ANY
DIRECT, INDIRECT, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE), OR ANY OTHER DAMAGES ARISING IN
ANY WAY OUT OF THE AVAILABILITY, USE,
RELIANCE ON, OR INABILITY TO USE ACORN
OR ANY 'INFORMATION', EVEN IF ACORN
SHALL HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND
REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, OR OTHERWISE;
OR (II) FOR ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN, OR DESTRUCTIVE PROPERTIES OF ANY
'INFORMATION' |
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