These disclaimers will apply to the fullest extent permitted by law.
14.1 We do not guarantee, represent or warrant that your use of the Sites or Services will be uninterrupted, timely, secure or error-free.
14.2 We do not warrant that the results that may be obtained from the use of the Sites or Services will be accurate or reliable.
14.3 You expressly agree that your use of, or inability to use, the Sites or Services is at your sole risk. The Services and all products and services delivered to you through the Sites are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement of proprietary rights.
14.4 In no case shall Upstock, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Sites, even if advised of their possibility.
14.5 We provide data duplication, data integration, data import, data migration, data conversion, data matching, and other services that involve extensive changes to large amounts of your data, and you understand that some risk of significant data corruption does exist during these types of processes. To mitigate this risk, you agree to have made “Backups” (extra, easily accessible and restorable copies) of all data prior to the utilization of our Services and that in the event of a data problem, your restoral of those backups, at your expense, is your sole recourse for such an event, and is the planned approach of data recovery.
14.6 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our total liability to you for any loss, cost, claim or damages of any kind arising out of or related to this Terms shall be limited to the amount of the fees paid by you to us.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.