Feedback
any suggestions, comments or other feedback you give us about the services (the feedback)
will constitute our confidential information. We are free to use, disclose, reproduce, license,
distribute and exploit this feedback as we see fit, without compensation to you or any obligation
or restriction because of any intellectual property rights or otherwise.
Disclaimers
except as required otherwise of tris by applicable law, the services
and any other service and content included on or otherwise made
available to you through the services (including the website and
any conversation or message) are provided to you on an as is, as
available basis without any representations or warranties of any
kind. To the fullest extent permitted by applicable law, we disclaim
and exclude any and all other warranties, conditions, and
representations (express or implied, oral or written), and all other
terms which may be implied into these terms by law, with respect to
the services and content included on or otherwise made available
to you through the services (including the website and any
conversation or message).
Limitation of liability
to the extent not prohibited by law, in no event will tris be liable
to you or any third party for any direct, incidental, special,
indirect, consequential, exemplary, or punitive damages
whatsoever including, but not limited to, damages for loss of
property, physical losses, death or any other damages or losses,
arising out of or related to these terms, the services (including the
website and any conversation or message), advice provided by
experts, and/or third-party services or materials, however caused,
regardless of the theory of liability (contract, warranty, tort
(including negligence, whether active, passive or imputed), product
liability, strict liability or other theory) and even if tris has been
advised of the possibility of such damages. Some states do not
allow the exclusion or limitation of incidental or consequential
damages, so this limitation may not apply to you.
For any loss or damage that is not excluded under these terms, the
total liability of tris and its directors, employees, agents,
affiliates and investors will not exceed the fee you actually paid
to tris (if any) to download the website as opposed to any other
fees/costs including, but not limited to, any fees associated with
your device.
Indemnification
you will defend us from and against any actual or threatened suits, actions, proceedings (at law
or in equity), and claims, and indemnify us for any and all damages, payments, deficiencies,
fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable
attorneys fees, costs, penalties, interest, and disbursements) arising from or related to any of
your conduct with respect to the services or your violation (or alleged violation) of these terms
or the rights of any third party by you or any person using our service.
General
failure to enforce any part of these
terms in some instances does not constitute a waiver of our right to enforce the same or other
part of these terms in other instances. If any provision of these terms is or becomes unlawful,
void or otherwise unenforceable (including the warranty disclaimers and liability limitations
above), then that provision will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision, and the remaining provisions of these
terms will continue in full force and effect. The section headings of these terms are for
reference purposes only and will not affect the meaning or interpretation of these terms.
These terms (and the other policies and terms referred to above) make up the entire agreement
between you and us regarding the services, and they supersede any prior agreements that may
have been made.
You may be subject to additional terms and conditions that apply when you use Company's services.
Escape Nine LLC
122 N WALNUT ST
MACUNIGE, PA 18062