Terms of Use
Reading and understanding these Terms of Use are the sole responsibility of You.
Disclaimer of Warranties
The website www.hollyfortenberry.com is provided "as is" without warranty of any kind, either expressed or implied, fitness for a particular purpose, or non-infringement. Descriptions of, or references to, products, publications or websites do not imply endorsement of those products, publications or websites unless expressly stated in writing.
Neither www.hollyfortenberry.com or its sponsors, stewards, affiliates, or staff, shall be liable to you or any other party for any special, incidental, indirect or consequential damages of any kind arising out of or in connection with inaccuracies, errors, or omissions in the webpages published on www.hollyfortenberry.com or websites linked from www.hollyfortenberry.com, whether or not advised of the possibility of damage, and on any theory of liability.
The website www.hollyfortenberry.com is always under development and changes may be made to its webpages or links at any time. While www.hollyfortenberry.com strives to ensure that the contents of its pages are accurate, there is no guarantee that the information contained therein is totally free of error or omission of vital information.
Any advertisement that appears outside the control of www.hollyfortenberry.com or any other webpages linked with or affiliated with www.hollyfortenberry.com is the sole responsibility of the advertiser, and www.hollyfortenberry.com does not endorse or warrant any product advertised or any statements made in any advertisements.
Indemnification
You will indemnify, defend, and hold www.hollyfortenberry.com harmless from any third party lawsuit or proceeding brought against www.hollyfortenberry.com based upon a claim that would constitute a breach of any warranty, representation or covenant made by You under the Terms of Use, including but not limited to any third party lawsuit or proceeding brought against www.hollyfortenberry.com based upon a claim that the Content, Site, or Brand Features infringe any copyright, trade secret or trademark of the thrd party. Your indemnification will include (1) all attorneys' fees and costs associated with the defense of such a claim, (2) all damages and costs finally awarded, and (3) the full cost of any settlement entered into by You. The site www.hollyfortenberry.com shall (1) notify You of any such claim, (2) provide You with reasonable information, assistance and cooperation in defending the lawsuit or proceeding (to the extent requested by You), and (3) give You full control and sole authority over the defense and settlement of such claim. You will not enter into any settlement or compromise of any such claim without prior consent of www.hollyfortenberry.com, which shall not be unreasonably withheld.
Limitation of Liability
The site www.hollyfortenberry.com shall not be liable with respect to any subject matter of the terms of use or terms and conditions related thereto under any theory of liability including but not limited to contract, tort (including negligence) or otherwise for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages arising out of this agreement or the use of or inability to use www.hollyfortenberry.com, including, but not limited to, loss of revenues, loss of profits, loss or inaccuracy or cost of procurement of substitute goods, service or technology. This limitation shall apply even if www.hollyfortenberry.com was or should have been aware or advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy stated herein. The parties agree that the foregoing limitations represent a reasonable allocation of risk under the terms of use. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
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