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The materials on the Website are provided on an 'as is' basis, and use of the Website is at your own risk. Implicit Blue makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Implicit Blue does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to this site.
Implicit Blue does not guarantee that content on the Website is not free from viruses, Trojan horses, bugs, or the like which may be transmitted to or through the Website by any third party.
In no event shall Implicit Blue or its suppliers or affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if Implicit Blue or an Implicit Blue authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on the Website could include technical, typographical, or photographic errors. Implicit Blue does not warrant that any of the materials on the Website are accurate, complete or current. Implicit Blue may make changes to the materials contained on the Website at any time without notice. However Implicit Blue does not make any commitment to update the materials.
Implicit Blue has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Implicit Blue of the site. Use of any such linked website is at the user's own risk.
Implicit Blue may revise these Terms at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms.
These terms shall be governed by the internal laws of the State of New York, without regard to its conflicts of laws principles. You agree that any dispute concerning or arising out of the Site or the content existing thereon shall be resolved exclusively by binding arbitration before one arbitrator from the American Arbitration Association in Kings County, New York. Each party shall bear his or her own legal fees and costs.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Implicit Blue, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; or (ii) your violation of any term of these Terms. This defense and indemnification obligation will survive these Terms and your use of the Website.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to support requests, or (v) protect the rights, property or safety of us, our users and the public.