DISCLAIMER AND WAIVER OF LIABILITY
TERMS OF USE:
BY USING CONNEX, YOU AGREE AS FOLLOWS:
YOU EXPRESSLY ASSUME ALL RISK ASSOCIATED WITH THE USE OF THIS SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ANY INFORMATION OR CONTENT YOU TRANSMIT THROUGH THE UNITED CLOUD COMPUTING SOLUTIONS, INC. ("UCCS") CONNEX SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL INFORMATION YOU SUBMIT USING THIS SERVICE. YOU ARE RESPONSIBLE FOR SAFEGUARDING YOUR USER IDENTIFICATION, PASSWORD, AND PIN TO PREVENT UNAUTHORIZED ACCESS TO YOUR INFORMATION.
UCCS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THAT THE SERVICE IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. THE UCCS CONNEX SERVICE IS PROVIDED AS-IS, WITH ALL FAULTS. NO WARRANTY OR GUARANTY IS MADE THAT SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED FOR ANY REASON, INCLUDING LOSS OF POWER. THE SERVICE IS NOT MONITORED. UCCS MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE UCCS SITE IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERROR OR OTHER PROGRAM LIMITATIONS, INCLUDING BUT NOT LIMITED TO, ACCURATE OR UPDATED THIRD PARTY CONTENT. UCCS MAKES NO REPRESENTATION OR GUARANTY THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF OR IMPROPER ACCESS TO YOUR DATA. UCCS IS NOT RESPONSIBLE FOR ANY TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR OTHER PROVIDERS' FACILITIES. UNDER NO CIRCUMSTANCES WILL UCCS BE RESPONSIBLE FOR THE INFORMATION AND DATA CONTENT THAT YOU OR OTHERS TRANSMIT THROUGH THIS SERVICE.
IN NO EVENT ARE UCCS OR ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES OR AGENTS LIABLE TO YOU OR ANY THIRD PARTY USING YOUR ACCOUNT FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SERVICE, OR OUT OF ANY BREACH OF A REPRESENTATION OR WARRANTY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF UCCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOU AGREE TO HOLD UCCS, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES OF AGENTS HARMLESS FOR ANY LOSS OR CLAIM (INCLUDING ATTORNEYS' FEES AND COSTS) INCURRED OR SUFFERED BY UCCS RELATED TO YOUR USE OF THE UCCS CONNEX SERVICE.
THE TERMS OF THIS AGREEMENT ARE GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA. ANY PROCEEDING TO ENFORCE OR CONSTRUE THE TERMS OF THIS AGREEMENT SHALL BE BROUGHT IN MINNESOTA DISTRICT COURT AND SHALL BE VENUED IN THE COUNTY OF MORRISON.
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