STENN TERMS OF USE
Welcome, and thank you for your interest in Stenn International Ltd (if you are not located or based in the United States) and Stenn Assets USA Inc (if you are located or based in the United States) (each, respectively, “Stenn,” “we,” “our” or “us”) and our website at www.stenn.com along with our related websites, web applications, and any content, tools, features and functionality offered on or through such websites or applications (collectively, the “Service”). For purposes of these Terms of Use, “you” and “your” means you as the user of the Service on behalf of a legal entity. “You” and “your” include you and the entity on whose behalf you use the Service. These Terms of Use are a legally binding contract between you and Stenn regarding your use of the Service.
Disclaimers; No warranties
The Service and all Materials and content available through the Service are provided “as is” and on an “as available” basis. Stenn disclaims all warranties of any kind, whether express or implied, relating to the Service and all Materials and content (including User Content) available through the Service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. Stenn does not warrant that the Service or any portion of the Service, or any Materials or content offered through the Service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Stenn does not warrant that any of those issues will be corrected.
No advice or information, whether oral or written, obtained by you from the Service or Stenn Entities or any Materials or content available through the Service will create any warranty regarding any of the Stenn Entities, or the Service that is not expressly stated in these Terms. We are not responsible for any damage that may result from the Service and your dealing with any other Service user. You understand and agree that you use any portion of the Service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the Service) or any loss of data, including User Content and Financial Data.
The limitations, exclusions, and disclaimers in this Section 14 apply to the fullest extent permitted by law. Stenn does not disclaim any warranty or other right that Stenn is prohibited from disclaiming under applicable law.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE STENN ENTITIES BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY STENN ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE STENN ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO STENN FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM OR (B) U.S. $100.
Nothing in these Terms will exclude, limit or restrict either party’s liability for (a) death or personal injury resulting from the negligence of that party or its officers, agents, employees or sub-contractors; (b) fraud or fraudulent misrepresentation, or (c) any other matter in respect of which liability cannot by applicable law be limited.
Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this Section 15 will apply even if any limited remedy fails its essential purpose.