Limitation of Liability
IN NO EVENT WILL THE Pediatrics Board Review ENTITIES OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE Pediatrics Board Review WEBSITE OR THESE TERMS OF USE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE Pediatrics Board Review WEBSITE, EVEN IF THE Pediatrics Board Review ENTITIES OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some states or other jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law.
No Warranties
NEITHER Pediatrics Board Review, NOR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, EMPLOYEE, LICENSOR, LICENSEE, DISTRIBUTOR, SUPPLIER, AGENT, OR RESELLER OF Pediatrics Board Review (COLLECTIVELY, THE “Pediatrics Board Review ENTITIES”) MAKE ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE Pediatrics Board Review SERVICES, WHICH ARE PROVIDED “AS IS”, OR WITH RESPECT TO THESE TERMS OF USE. THE Pediatrics Board Review ENTITIES EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE Pediatrics Board Review WEBSITE.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
In addition, please note that the Pediatrics Board Review Website may include technical inaccuracies or typographical errors. Pediatrics Board Review has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Pediatrics Board Review Website, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Pediatrics Board Review Services on any particular device or communications service. Pediatrics Board Review has no obligation to provide you with notice of any such changes, and Pediatrics Board Review is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Pediatrics Board Review Website, except as provided by your subscriber agreement with Pediatrics Board Review, if applicable.
Indemnification
You agree to defend, indemnify, and hold harmless the Pediatrics Board Review Entities from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use of the Pediatrics Board Review Website. Pediatrics Board Review reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Pediatrics Board Review in asserting any available defenses.
