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EVERYTHING IN SPOKE SITES, INCLUDING ALL INFORMATION, APPLICATIONS AND PROGRAMS (COLLECTIVELY, "MATERIALS"), IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MATERIALS ON SPOKE SITES MAY CONTAIN UNINTENDED TECHNICAL, FACTUAL OR TYPOGRAPHICAL ERRORS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPOKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPOKE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SPOKE SITES OR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPOKE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN SPOKE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SPOKE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NONE OF THE MATERIALS ON SPOKE SITES IS INVESTMENT ADVICE. ACTIONS TAKEN OR NOT TAKEN ARE THE SOLE RESPONSIBILITY OF THE USER. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN ANY EVENT, THIS DISCLAIMER SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Spoke be liable for any direct, indirect, special or consequential damages that result from the use of, or the inability to use, the Materials in Spoke Sites or hyperlinked sites, including, without limitation, lost data, lost profits and business interruption even if Spoke or a Spoke authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Spoke’s total liability to you for all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence] or otherwise) exceed the amount paid by you, if any, for accessing any Spoke Site.
Restrictions on Use
Materials in Spoke Sites, including but not limited to text and graphics, are the property of Spoke. Users may read Materials in Spoke Sites; however, users may not otherwise use Materials (including but not limited to Spoke's names, logos, and trademarks) in any other way without the prior written consent of Spoke. Receipt, directly from Spoke, of a currently valid user id and password to use certain materials constitutes consent to use the materials for which you are specifically authorized. Unless specifically authorized, such consent does not include the right to use Spoke’s names, logos, trademarks or other intellectual property.
Unless otherwise specified, Materials in Spoke Sites are presented solely for the purpose of promoting programs, products and services of Spoke available in the United States and such other countries where permitted by U.S. and local law. Spoke Sites are controlled and operated by Spoke from its offices in the State of Washington, United States of America. Spoke makes no representation that Materials in Spoke Sites are appropriate or available for use in other locations. Those who choose to access Spoke Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Links to other Sites and References to Services Organizations
References on Spoke Sites to any products, services, processes, hypertext links, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply Spoke’s endorsement, sponsorship or recommendation. Such references are for informational purposes only. Spoke is not responsible for the availability, content or any use of such referenced sites and/or organizations.
These TOUs shall be governed by and construed in accordance with the laws of the State of Washington, USA, without giving effect to any principles of conflicts of law. All disputes arising out of these TOUs that cannot be resolved by discussions, shall be submitted to a court of appropriate jurisdiction sitting in King County, Washington, unless otherwise agreed by the parties. If any provision of these TOUs shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOUs and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.
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