Professional Disclaimer
The information provided on this site is based on the authors own personal experience and is not to be construed as professional advice. The contents of this site and the resources provided are for informational and entertainment purposes only and do not constitute advice of any kind. The author is not liable for any losses or damages related to actions or failure to act related to the content on this website.
Disclaimer
The materials on A Beautiful Aching’s website are provided ‘as is’. A Beautiful Aching 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, A Beautiful Aching does not warrant or make any representations concerning the accuracy, reliability, or likely results of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall A Beautiful Aching or its suppliers 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 A Beautiful Aching’s site, even if A Beautiful Aching or an A Beautiful Aching authorised 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 the User.
Links
abeautifulaching.com has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by A Beautiful Aching of the site. Use of any such linked website is at the User’s own risk.
Limitation of Liability
THE USER AGREES THAT UNDER NO CIRCUMSTANCES SHALL A BEAUTIFUL ACHING BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF THE USE OF THE SITE OR SERVICE. ADDITIONALLY, ABEAUTIFULACHING.COM IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH:
(I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE;
(II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND
(III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THE USERS INFORMATION OR PROPERTY, REGARDLESS OF A BEAUTIFUL ACHING’S NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.
THE FOREGOING APPLIES EVEN IF ABEAUTIFULACHING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, A BEAUTIFUL ACHING’S LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL A BEAUTIFUL ACHING CUMULATIVE LIABILITY TO THE USER EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE OR PRODUCT THE USER HAS PURCHASED FROM ABEAUTIFULACHING.COM, AND IF NO PURCHASE HAS BEEN MADE BY THE USER ABEAUTIFULACHING.COM CUMULATIVE LIABILITY TO THE USER SHALL NOT EXCEED $100.
Indemnification
The User shall indemnify and hold abeautifulaching.com harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by the User of any of these Terms and Conditions, or any use by the User of this site, product, or service. The User shall provide abeautifulaching.com with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing this site with such information, documents, records, and reasonable access to the User, as is deem necessary. The User shall not settle any third-party claim or waive any defence without A Beautiful Aching’s prior written consent.
