Liability of Branch
THE SITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER BRANCH NOR ANY PERSON ASSOCIATED WITH BRANCH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER BRANCH NOR ANYONE ASSOCIATED WITH BRANCH WARRANTS OR REPRESENTS THAT THE SITE, THE SITE CONTENT, OR THE PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER OR SERVICE THAT MAKES THE SITE AVAILABLE WILL BE FREE OF VIREUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXEPECTATIONS.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BRANCH SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. ALL INFORMATION OR CONTENT ACCESSED THROUGH THE SITE IS ACCESSED AT THE USER’S OWN DISCRETION AND RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BRANCH BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS REPUTATION, OR INTERRUPTION OR LOSS OF BUSINESS), (II) INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, (III) RELIANCE BY YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, OR (IV) ANY DAMAGES, COSTS OR LOSSES ARISING FROM YOUR FAILURE TO KEEP YOUR LOGIN AND/OR PASSWORD SECURE.
To the maximum extent permitted by law, Branch’s entire liability to you under these Terms and Conditions shall be to refund to you fees paid by you to Branch hereunder for the access to and use of the Site in the twelve (12) month period prior to the date of the claim, and in no event will Branch’s liability for any reason exceed such fees.
Branch (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from your use of the Site or the Content, and you shall defend, indemnify and hold harmless Branch (and Branch’s officers, directors, employees and agents) from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other you arising from your use of the Site or the Content. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.