Disclaimer

Gift Fruit DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN THE Gift Fruit RESULTS OR POSTED ON THE Gift Fruit WEBSITE BY THIRD PARTIES. ABILENE JOBS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. Gift Fruit DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE Gift Fruit SITE OR ON OTHER SITES ON THE INTERNET ACCESSED THROUGH Gift Fruit.

THE Gift Fruit SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE Gift Fruit SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. Gift Fruit AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Gift Fruit AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Gift Fruit SERVICES. Gift Fruit AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Gift Fruit SERVICES. Gift Fruit AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Gift Fruit SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY Gift Fruit, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE Gift Fruit SERVICES.

THE SERVICES AND ALL INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Gift Fruit, ITS AFFILIATES, AGENTS AND/OR SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.

Gift Fruit DISCLAIMS ALL RESPONSIBILITY FOR, BUT NOT LIMITED TO, ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO:

A. ANY ERRORS IN OR OMISSIONS FROM THE SERVICES AND THEIR INFORMATION AND CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS;

B. ANY THIRD PARTY WEB SITES OR THIRD PARTY APPLICATIONS SOFTWARE AND CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH HYPERTEXT LINKS IN THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM;

C. THE UNAVAILABILITY OF THE SERVICES, INFORMATION AND CONTENT, OR ANY PORTION THEREOF;

D. YOUR USE OF THE SERVICES;

E. PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR ANY COMBINATION THEREOF, INCLUDING WITHOUT LIMITATION ANY INJURY OR DAMAGE TO YOUR, OR ANY OTHER PERSON’S, COMPUTER AS A RESULT OF USING THE SERVICES, OR;

F. YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES.

ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS.

Gift Fruit DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, INFORMATION AND CONTENT, OR MATERIALS IN THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, TIMELY, CURRENT, ERROR-FREE, OR OTHERWISE RELIABLE, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, INFORMATION AND CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. AS A VISITOR TO THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY INFORMATION AND CONTENT SHALL BE ENTIRELY AT YOUR OWN RISK.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL Gift Fruit BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES.

Gift Fruit SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH:

A. THE USE OF OR INABILITY TO USE THE SERVICES, OR ANY INFORMATION AND CONTENT CONTAINED THEREIN;

B. YOUR PARTICIPATION OR RELIANCE ON INFORMATION AND CONTENT POSTED ON MESSAGE BOARDS OR E-MAIL FORUMS, OR;

C. ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY INFORMATION AND CONTENT, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.

TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, Gift Fruit’s SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $1.00.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Gift Fruit SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Gift Fruit OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER