- Limitation of Liability
IN NO EVENT WILL THE CONTENT OWNERS OR THE MARK OWNERS, WHICH INCLUDES BLOOMINGTON BRANDS, OR ANY LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR OTHER AFFILIATES OF THE CONTENT OWNERS OR MARK OWNERS BE LIABLE FOR DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE, ANY OF THE THIRD PARTY SITES, ANY OF THE CONTENT, OR ANY INFORMATION, MEDIA, MATERIAL, SOFTWARE, PRODUCT, OR SERVICE OBTAINED ON, AT, IN, THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE OR THE THIRD PARTY SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORIES OF LIABILITY, EVEN IF FORESEEABLE (collectively, the “Excluded Damages”).
In certain jurisdictions, some liabilities cannot be excluded or limited under the applicable laws. In such jurisdictions, the foregoing limitation of liability may not apply to You. If Bloomington Brands cannot lawfully disclaim liability to You by operation of the limitation of liability clause contained in this Section, Bloomington Brands will be liable to You, in the aggregate for all claims arising hereunder, for liquidated damages of $10.00. In such event, You acknowledge and agree that the Excluded Damages for all claims arising hereunder cannot be calculated with reasonable certainty. You further agree that $10.00 represents (i) a reasonable approximation of the Excluded Damages that You will suffer for all claims arising hereunder and that such liquidated damages do not constitute a penalty, and (ii) the exclusive remedy to You for Excluded Damages in connection with all claims arising hereunder. The limitations in this paragraph will apply even if any other remedy available to You fails of its essential purpose.
- Disclaimer of Warranty
The Site and the Content, and all services and features associated with or related to the Site and the Content, are provided to You “AS IS” and “AS AVAILABLE.” BLOOMINGTON BRANDS MAKES NO REPRESENTATIONS, COVENANTS, OR WARRANTIES AND OFFERS NO CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, BUT NOT LIMITED TO, (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, OR RESULTS TO BE DERIVED FROM THE USE OF THE SITE, OR ANY DATA, CONTENT, SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, OR OTHER MATERIALS RELATED TO THE SITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (II) WHETHER THE CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING, OR TIMELY; OR (III) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN OR ON THE SITE OR THE CONTENT, OR ANY SERVICE OR FEATURE ASSOCIATED WITH OR RELATED TO THE SITE OR THE CONTENT. FURTHER, BLOOMINGTON BRANDS DOES NOT REPRESENT, COVENANT, OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to You. YOU HEREBY AGREE THAT USE OF THE SITE, THE CONTENT, AND RELATED SERVICES IS AT YOUR OWN RISK.
You agree to indemnify and hold harmless Bloomington Brands, its affiliates, licensors, and service providers, including, but not limited to, any other Content Owner or Mark Owner and its respective officers, directors, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to: (i) any use of the Content other than as expressly authorized in these Terms or your use of any information obtained from the Site; and (ii) all claims arising out of or related to your fraud, intentional misconduct, criminal acts, or gross negligence. If You cause a technical disruption of the Site or the systems transmitting the Site to You or others, You agree to be responsible for any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties, or fees (including reasonable attorneys’ fees), arising out of or relating to that disruption.
- Geographic Restrictions
Bloomington Brands operates the Site from its offices within the State of Indiana and makes no representations as to the use of the Site outside the United States or compliance of the Site, the Content, or the Terms with any applicable law. Bloomington Brands makes no claims that the Site or the Content is legal for use outside the United States. If the Site is accessed outside the United States, You hereby acknowledge doing so on your own initiative and are responsible for compliance with local laws.