Limitation of Liability and Disclaimer of Warranties

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to, and use of, the Services, Content and Member Content remains with you. Neither Be Sensitive Studio,  Art by James e. Woody nor any other party involved in creating, producing, or delivering the Services, Art Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms and Conditions or from the use of or inability to use the Services, Art Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Be Sensitive Studio,  Art by James e. Woody has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BECAUSE ALL DELIVERY TERMS ARE EXW, IN NO EVENT SHALL WE, OUR HEIRS, OUR ASSIGNS  OUR AFFILIATES, OR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER INFORMATION INTO THE SERVICES), OR THE PRODUCTS.

DISCLAIMER OF WARRANTIES: YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL INFORMATION, CONTENT, SERVICES, AND MATERIALS PROVIDED BY OR AVAILABLE THROUGH THE SERVICES (WHETHER PROVIDED BY US, YOU, OTHER USERS, OTHER AFFILIATES OR THIRD PARTIES), INCLUDING, WITHOUT LIMITATION, ALL MATERIAL, TEXT, PHOTOS, GRAPHICS, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SERVICES.

YOU UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SERVICES, OR LINKS TO ANY OTHER THIRD PARTY PROVIDERS,, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR USER-GENERATED MATERIAL;

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICES, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED;

WE MAKE NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SERVICES FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR IN ANY MANNER FROM THE SERVICES CREATES ANY WARRANTY, EXPRESS OR IMPLIED;

  1. Product colors, measurements, and weights are approximate only and may vary from the representation on the Services. These differences will not constitute a defect in or noncompliance of the Product. We reserve the right to modify Product offerings at any time, but we are not obligated to make any modifications to Products that have already been shipped;
  2. You agree that the Warranty Disclaimers and Limitations of Liability in these Terms and Conditions are fair and reasonable.
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