Disclaimers of Warranty / Limitations of Liability
Without limiting the foregoing iimt studies ltd does not warrant that :
- (a) the programs or services will meet your requirements or expectations or achieve the intended purposes.
- (b) the programs or services will not experience outages or otherwise will be uninterrupted, timely, secure or error-free.
- (c) the programs, services or information obtained through or from the programs or services will be accurate, complete, current, error-free, secure or reliable.
- (d) any defects in or on the programs or services will be corrected. Iimt studies ltd makes no representation regarding your ability to transmit and receive information from or through the services, and you agree and acknowledge that your ability to access the programs and services may be impaired. Except insofar as the following limitation may be prohibited by applicable law, iimt studies ltd shall not be liable to you or to any third party for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable (including, but not limited to, loss of profits or earning power, loss of data, losses due to errors or interruption in availability of any services, unavailability of any program, server or communications facility, or damages due to acts or omissions of others using any service or participating in a program), arising out of or relating to the agreements, the services or the programs, including without limitation your and others’ use of or inability to use any service, or your participation in any program, or your submission or use of user content, or others’ use of your user content, or your interaction with other program participants (whether online or in person), or your reliance upon information obtained from or through any program or service, whether based in contract, tort, statutory or other law. Iimt studies ltd’s total cumulative liability to you arising out of or related to the agreements, the services or the programs (including, without limitation, in the ways described in the preceding sentence), whether based in contract, tort, statutory or other law, will not exceed the greater of (1) the total amount of fees received by iimt studies ltd from you or on your behalf for or in connection with the services and any programs in any twelve month period or (2) u.S.$100. The disclaimers and limitations set forth in this section shall apply, to the maximum extent permitted by applicable law, whether or not iimt studies ltd has been negligent or otherwise at fault.
For purposes of the foregoing disclaimers and limitations, as well as the indemnity in section 14 below, “iimt studies ltd” includes the corporate body president and fellows of iimt studies, also known as iimt, and its various schools (including but not limited to burly institute), the members of its governing boards, and its officers, faculty members, employees, agents, contractors, and representatives.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If the laws or regulations of these jurisdictions apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.