DISCLAIMER AND LIMITATION OF LIABILITY
Please Read our Disclaimer and Limitation of Liability.
Disclaimer and Limitation of Liability YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF OUR SITE AND ANY ASSOCIATED DOMAINS (THE “SITE”) IS AT YOUR OWN RISK. ROBERTS-GORDON LLC, ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES THEREOF (COLLECTIVELY, THE “COMPANY”), CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE SITE. NEITHER THE COMPANY NOR ANY OF ITS CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY PRODUCTS OR SERVICES, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ANY PRODUCT OR SERVICE FEATURED ON THE SITE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT.
THE COMPANY, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF OPPORTUNITY, WITH OR WITHOUT NOTICE, RESULTING FROM OR CAUSED BY THE SITE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SITE, ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT, OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSIONS OR COMPUTER VIRUSES OR SIMILAR MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE UPON ANY CONTENT SHALL BE AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION IN ANY PORTION OF THE SITE OR THE CONTENT. YOU AGREE TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE COMPANY FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM INCORRECT OR INCOMPLETE INFORMATION ON THE SITE.
The simulations on our site do not replace a detailed system design. The simulation is based on the system and parameters supplied to us at the time of the inquiry. Actual parameters and the system design may vary from the assumed parameters and the Company has not validated the system or compared the parameters utilized in the simulation to the system design or expected system values. Prior to implementation of the designated system, it is recommended that all of the parameters that have been included in the simulation be compared in detail to the implemented system. The planer, the installer or the building owner is responsible for this comparison, including all measurements, analysis of any variants or unique building or system attributes and any necessary adjustments.
Verification and validation of the system and parameters used as a basis for this simulation are solely incumbent on the planer, the installer and the building owner.
Governing Law and Exclusive Venue The terms of this Disclosure and Limitation of Liability Policy and the Privacy Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the site must be filed in the federal or state courts located in Erie County, New York, within one year after the cause of action arises or the cause is barred.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES THE COMPANY MAKES IN THESE TERMS, PLEASE EXIT AND CEASE ALL USE OF THE SITE IMMEDIATELY.
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