1. ACCEPTANCE OF AGREEMENT Netchaski welcomes you to our website. Our services provided to you, via our website are subject to the following Terms of Use (“TOU”), which may be updated from time to time by us without notice to you. By using our website, you are agreeing to comply with and be bound by the following TOU. Please review the following TOU prior to using our website. Most current version of our TOU can be found at any time at http://www.netchaski.com/Netchaski/tou.html . The term “Netchaski” or “us” or “we” or “our” refers to Netchaski, the owner of the website. The term “you” refers to the user or viewer of our website. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS WEBSITE.
2. LINKS TO OTHER WEBSITES Netchaski provides links to non–Netchaski websites. Because Netchaski has no control over the content on such non-Netchaski websites, you acknowledge and agree that Netchaski is not responsible or liable, and makes no representation or warranties, either expresses or implied, for the content, information, products, accuracy, reliability or services offered on such non-Netchaski websites. You also acknowledge and agree that Netchaski is not responsible or liable, express or implied, for any damage or loss caused by any content, products or services offered on such non-Netchaski websites.
3. NETCHASKI PRIVACY POLICY Information collected about you is subject to our privacy policy. For more information, see our full privacy policy.
4. NO THIRD PARTY BENEFICIARIES This agreement is exclusively for you and our benefit. There will be no third party beneficiaries to this agreement, except as otherwise stated in this TOU.
5. DISCLAIMER OF WARRANTIES BY ACCESSING WWW.NETCHASKI.COM WEBSITE (THE “WEBSITE”), YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE (INCLUDING ALL MATERIALS AND INFORMATION CONTAINED ON THE WEBSITE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, AND YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. NETCHASKI DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.NETCHASKI MAKES NO WARRANTY THAT OUR WEBSITE WILL: MEET YOUR EXPECTATIONS; THE SERVICES, PRODUCTS OR INFORMATION PROVIDED THROUGH OUR WEBSITE WILL BE RELIABLE, ACCURATE OR TIMELY. FURTHER, BY USING OUR WEBSITE, NO INFORMATION OBTAINED BY YOU, EITHER FROM OR THROUGH OUR WEBSITE, WILL MAKE ANY WARRANTY NOT STATED HEREIN.
6. LIMITATION OF LIABILITY BY ACCESSING WWW.NETCHASKI.COM WEBSITE (THE “WEBSITE”), YOU EXPRESSLY UNDERSTAND AND AGREE THAT NETCHASKI WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE OUR WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER NETCHASKI HAS BEEN ADVISED OF THE CHANCES OF SUCH DAMAGES. FURTHER, NETCHASKI WILL NOT BE LIABLE FOR ANY DIFFICULTY IN USE, DAMAGE TO YOUR COMPUTER OR LOSS OF DATA, OR ANY CONTENT OBTAINED THROUGH THE USE OF OUR WEBSITE. OUR WEBSITE IS ACCESSED AT YOUR OWN RISK AND DISCRETION.
7. LIMITATIONS AND EXCLUSIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY OR CERTAIN WARRANTIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS, MAY NOT APPLY TO YOU.