HotFlashDiva.COM, including, without limitation, all services, content, functions and materials provided through the Hot Flash Diva.com are provided “as is”,”as available”, without warranty of any kind, either expressed or implied, including, without limitation, any warranty for information, data, data processing services, up time or uninterrupted access, any warranties concerning the availability, playability, displayability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information, and, any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. We do not warrant that HotFlashDiva.com or the services, content, functions or materials provided through HotFlashDiva.com will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that HotFlashDiva.com or the provided services will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through HotFlashDiva.com shall create any warranty not expressly made herein. Jan Fox and company also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of your access to use of, or browsing in HotFlashDiva.com or your downloading of any materials, data, text, images, video content or audio content from HotFlashDiva.com. If you are dissatisfied with HotFlashDiva.com, your sole remedy is to discontinue using HotFlashDiva.com
LIMITATION OF LIABILITY.
In no event , including but not limited to negligence, shall Jan Fox and Company, or any of it’s directors, officers, employees, agents or content or services providers (collectively, the “projected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, HotFlashDiva.com or the content, materials and functions related thereto, your provision of information via HotFlashDiva.com, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitation may not apply to certain users. In not event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through HotFlashDiva.com. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes for action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of HotFlashDiva.com exceed, in the aggregate, the amout, if any, paid by you to Jan Fox and Company for your use of HotFlashDiva.com or purchase of products via HotFlashDiva.com
We control and operate HotFlashDiva.com from our offices in the United States of America. We do not represent that materials on HotFlashDiva.com are appropriate or available for use in other locations. Persons who choose to access HotFlashDiva.com from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
Jan Fox and Company may terminate, change, suspend or discontinue any aspect of HotFlashDiva.com or HotFlashDiva.com’s services at any time. Jan Fox and Company may restrict, suspend or terminate your access to HotFlashDiva.com and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. Jan Fox and Company maintains a policy that provides for the termination in appropriate circumstances of HotFlashDiva.com use privileges of users who are repeat infringers of intellectual property rights.