1. THE FEATURES AND SERVICES ON THE MUFTS SITE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS, AND MUFTS HEREBY
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE,
ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS
ARE HEREBY EXCLUDED.
2. MUFTS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT
THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY,
COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH
THE SITE.
3. Any material downloaded or otherwise obtained through
the Site is done at each Member's sole discretion and risk and each Member
is solely responsible for any damage to its computer system or loss of
data that may result from the download of any such material. No advice
or information, whether oral or written, obtained by any Member from MUFTS
or through or from the Site shall create any warranty not expressly stated
herein.
4. Under no circumstances shall MUFTS be held liable
for an delay or failure or disruption of the content or services delivered
through the Site resulting directly or indirectly from acts of nature,
forces or causes beyond its reasonable control, including without limitation,
Internet failures, computer, telecommunications or any other equipment
failures, electrical power failures, strikes, labor disputes, riots, insurrections,
civil disturbances, shortages of labor or materials, fires, flood, storms,
explosions, Acts of God, war, governmental actions, orders of domestic
or foreign courts or tribunals or non-performance of third parties.
5. Each Member hereby agrees to indemnify and save MUFTS,
its affiliates, directors, officers and employees harmless, from any and
all losses, claims, liabilities (including legal costs on a full indemnity
basis) which may arise from such Member's use of the Site (including but
not limited to the display of such Member's information on the Site) or
from its breach of any of the terms and conditions of this Agreement.
Each Member further agrees that MUFTS is not responsible and shall have
no liability to it, for any material posted by others, including defamatory,
offensive or illicit material and that the risk of damages from such material
rests entirely with each Member. MUFTS reserves the right; at it own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you shall cooperate
with MUFTS in asserting any available defenses.
6. MUFTS shall not be liable for any special, direct,
indirect, punitive, incidental or consequential damages or any damages whatsoever
(including but not limited to damages for loss of profits or savings, business
interruption, loss of information), whether in contract, negligence, tort,
strict liability or otherwise or any other damages resulting from any of
the following:
| a) |
the use or the inability to use the Site; |
| b) |
any defect in goods, samples, data, information or services purchased
or obtained from a Member or a third-party service provider through
the Site; |
| c) |
unauthorized access by third parties to data or private information
of any Member; |
| d) |
statements or conduct of any Member of the Site; or |
| e) |
any matters relating to Paid Services however arising, including
negligence. |