3. INFORMATION ON THIS ARCHWAY SERVICES
The contents of the Archway Website are the sole and exclusive property of Archway, protected by law, including, but not limited to United States copyright law and international treaties. The material and functionality provided herein are used for information and convenience purposes only and do not constitute advice, recommendations, or counsel. The contents should not be relied upon in any way other than for informational purposes. The contents are subject to change without notice to You. ARCHWAY makes no representation that the materials on this Archway Website are accurate, appropriate, or available for use in all locations. You should seek advice from the appropriate professional prior to making any decisions based on the information contained herein.
4. USE RESTRICTIONS
The copyright in all material provided on this Archway Website is held by Archway or by the original creator of the material together with Archway. None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, or posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of Archway or the copyright owner. Any unauthorized use of any material contained on this Archway Website may violate laws of the United States and other territories, including without limitation copyright laws, trademark laws, the laws of privacy or publicity, and communications regulations and statutes.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Archway Website are the Trademarks of Archway and others. Nothing on this Archway Website should be construed as granting, by implications, estoppels, or otherwise, any license or right to use any Trademark displayed on the Archway Website, without the express written permission of the Trademark owner. The name of Archway or the Archway logo may not be used in any way without prior, written permission from Archway. Archway prohibits the use of the Archway logo as a “hot” link to the Archway Website unless the establishment of such a link is approved in advance by Archway in writing.
If this Archway Website includes hypertext links to World Wide Web sites controlled or hosted by third parties, Archway is not responsible for and does not endorse, the contents of such websites.
7. DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, ALL CONTENT, INFORMATION, SERVICES, AND TOOLS ON THE ARCHWAY WEBSITE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. USE OF THIS SERVICE IS SOLELY AT YOUR OWN RISK. Archway MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ARCHWAY HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Archway MAKES NO WARRANTY THAT THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.
8. LIMITATION OF LIABILITY
YOU UNDERSTAND AND HEREBY AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY STATED AND TO THE EXTENT APPLICABLE BY LAW, IN NO EVENT WILL ARCHWAY AND ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM, RESULTING FROM ANY USE OF THE SITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED PARTNER WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE OF PERFORMANCE, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR EQUIPMENT OR NETWORK FAILURE OR OTHERWISE, EVEN IF THERE IS NEGLIGENCE BY ARCHWAY OR AN AUTHORIZED ARCHWAY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR LIABILITY ARISING FROM EITHER PARTY’S, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNT COLLECTED UNDER THIS AGREEMENT.
9. CLASS ACTION WAIVER
Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You and we also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person's account, if we are a party to the proceeding. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations.