SpeedNet Direct uses diligent efforts to maintain the SpeedNet Direct Service, but SpeedNet Direct is not responsible for any defects or failures associated with the SpeedNet Direct Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, SpeedNet Direct makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the SpeedNet Direct Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the SpeedNet Direct Service may locate unintended and objectionable content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE SPEEDNET DIRECT SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK SPEEDNET DIRECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, SPEEDNET DIRECT MAKES NO WARRANTY THAT THE SPEEDNET DIRECT SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SPEEDNET DIRECT SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SPEEDNET DIRECT SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SPEEDNET DIRECT SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM SPEEDNET DIRECT PERSONNEL OR THROUGH THE SPEEDNET DIRECT SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF SERVICE.
Disclaimer Regarding Shopping Retailers
The SpeedNet Direct Service provides shopping services to help you locate and potentially purchase products from online and offline retailers. SpeedNet Direct does not, however, control these independent retailers and SpeedNet Direct does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services.
When shopping by means of services provided by SpeedNet Direct you acknowledge and agree that:
SpeedNet Direct does not endorse any of the products or services ("Merchandise") linked to from or through the SpeedNet Direct Service, nor has SpeedNet Direct taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through SpeedNet Direct or their own web sites. SpeedNet Direct expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPEEDNET DIRECT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPEEDNET DIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SPEEDNET DIRECT SERVICE AND/OR PARTICIPATE IN THE SPEEDNET DIRECT RACING CLUB; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SPEEDNET DIRECT SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SPEEDNET DIRECT SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SPEEDNET DIRECT SERVICE OR OPERATION OF THE SPEEDNET DIRECT RACING CLUB. IN NO EVENT SHALL SPEEDNET DIRECTíS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SPEEDNET DIRECT INC., AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY SPEEDNET DIRECT OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and modification
You agree that SpeedNet Direct, in its sole discretion, may terminate your password, account (or any part thereof) or use of the SpeedNet Direct Service, and remove and discard any content within the SpeedNet Direct Service, for any reason, including, without limitation, for lack of use or if SpeedNet Direct believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. SpeedNet Direct may also in its sole discretion and at any time discontinue providing the SpeedNet Direct Service, or any part thereof, with or without notice. You agree that any termination of your access to the SpeedNet Direct Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that SpeedNet Direct may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the SpeedNet Direct Service. Further, you agree that SpeedNet Direct shall not be liable to you or any third-party for any termination of your access to the SpeedNet Direct Service.
Governing Law and Other Miscellaneous Terms
These terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Citrus County in the State of Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and SpeedNet Direct relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of SpeedNet Direct's successors, assigns and licensees.