12. The Use of the Site Is At Your Risk
(1) You use the Site at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. All information provided on or via the Site is for information purposes only. You should seek your own independent advice with respect to any Content.
(2) We endeavor to provide a convenient and functional Site, but we do not guarantee that the Content will be error free or that the Site or the server that operates it is free of viruses or other harmful components.
(3) Although we will use reasonable endeavors to maintain the Content, we do not undertake to provide support or maintenance services for the Content.
(4) If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
(5) Without limiting the above provisions, everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
(6) If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph (e) but allows limitations of a certain maximum extent then we limit our warranties to that extent.
13. Limitation of Liability
(1)We will accept no liability whatsoever for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss resulting from your access to, reliance on, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
(2) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (1) but allows a limitation of a certain maximum extent then our liability is limited to that extent.
14. Dispute Resolution PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
(1) Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and Press Mark Media ltd. arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Covered Sites.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND PRESS MARK MEDIA LTD. ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND PRESS MARK MEDIA LTD. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.