You hereby acknowledge and agree that IMC limited partnership (“IMC”) and its affiliates (together with IMC, the “Company”) provides the web site, content available on the web site and services available on the web site on an “as is” and “as available” basis and without any representation, endorsement, warranty or condition of any kind whatsoever, either express or implied, including, without limitation, any warranties of title, accuracy or availability and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law.
You acknowledge and agree that the Company cannot and does not guarantee or warrant that the files available for downloading from the internet or the web site will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the web site for the reconstruction of lost data. You acknowledge and agree that your use of the web site, content available on the web site and services available on the web site is at your sole risk.
The content available on the web site is not necessarily complete and you (whether you are an investor, borrower and other user) should use the content in the same manner as any other educational medium and should not rely on the content available on the web site to the exclusion of your own professional judgment and other resources and market information. Any information obtained by using the web site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to you in any particular transaction.
Further, the company has no obligation to monitor the content available on the web site or the links to other web sites and expressly disclaims any responsibility of the company to filter any such content and links to other web sites. In no event will the company be liable for any content, services, products or actions taken by third parties linked from the web site. Without limiting the foregoing, the company expressly disclaims all warranties of any kind, including, without limitation, the quality, identity or reliability of any third party with whom you may elect to conduct business after an introduction to such third party by the company on the web site, and whether you should conduct business with such third party.
You agree that neither the Company, its licensors, service providers, content providers, contractors nor any officer, director, partner, equity holder, agent or employee of the company will be liable to you or any third party for any damages, including, without limitation, direct, indirect, incidental, special, punitive, or consequential damages, lost profits, pain or suffering, emotional distress or any other similar damages, whether under a contract, tort or any other theory of liability, arising in connection with anyone’s the use of the web site or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to the web site or any other web site operated by any third party or any contents available on the web site or any other web site operated by any third party, even if the Company is aware of the possibility of such damages.