Disclaimer
You understand that except for content, products or services expressly available at TheGuideLine neither TheGuideLine, GuideLine GP, its subsidiary companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any content, goods or services available through sites on the Internet linked to or from TheGuideLine. All such content, goods and services are made accessible on the Internet by independent third parties and are not part of TheGuideLine or controlled by GuideLine GP. TheGuideLine neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any content, goods or services available on any site linked to or from TheGuideLine, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither TheGuideLine, GuideLine GP, its subsidiary companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available on any site linked to or from TheGuideLine or your inability to access the Internet or any site linked to or from TheGuideLine. WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH TheGuideLine, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE TheGuideLine ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN RISK, AND ITS SUBSIDIARY COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL TheGuideLine, GuideLine GP, ITS SUBSIDIARY COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, TheGuideLine, OR ANY INTERNET SITE LINKED TO OR FROM TheGuideLine, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS. UNDER NO CIRCUMSTANCES SHALL TheGuideLine, GuideLine GP, ITS SUBSIDIARIES COMPANIES OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN TheGuideLine OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM TheGuideLine. THE CONTENT WITHIN TheGuideLine AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM TheGuideLine MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF TheGuideLine AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. TheGuideLine, GuideLine GP AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TheGuideLine AND GuideLine GP ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY TheGuideLine SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF TheGuideLine, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING TheGuideLine. You agree to indemnify, defend and hold TheGuideLine, GuideLine GP, and its subsidiary companies, or affiliates, or their respective directors, officers, employees, and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the service, your use of the service, your connection to the service, our violation of the Terms of Participation, or your violation of any rights of another. TheGuideLine and its content management and member software is provided on a subscription basis. Subscribing Organizations and its Members agree that should subscription charges not be paid in a timely manner, TheGuideLine may, in its sole discretion, discontinue service until such time as the payments are brought current. The Annual Subscription Fees are charged in accordance with TheGuideLine published prices at the time of initial subscription to the service. TheGuideLine reserves the right to increase the fees it charges for access by the Subscribing Organization and its Members to the content and member software, provided, however, that TheGuideLine will provide no less than sixty (60) days advance notice to existing Subscribers of its intention to do so. Fees for other services, including but not limited to extra disk storage are charged in accordance with the prices in effect at the time of purchase, or renewal. This Agreement comprises the entire agreement between TheGuideLine, GuideLine GP, and you, and supersedes any prior agreements with respect to the subject matter herein. TheGuideLine or GuideLine GP may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on TheGuideLine. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue TheGuideLine. Your continued accessing and use of TheGuideLine following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of TheGuideLine to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of TheGuideLine and GuideLine GP, excluding its conflict of laws rules, and you and TheGuideLine and GuideLine GP each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations there under to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from TheGuideLine have been done strictly for clarification and identification and does not constitute endorsement by TheGuideLine or GuideLine GP of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of TheGuideLine or GuideLine GP by such trademark, service mark or link.