Modified 8th May 2020
Warranties and Limitations of Liability
FS AND OUR PARTNERS, AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. FS DOES NOT WARRANT THAT SITE OR SERVICES WILL BE ACCURATE, ERROR-FREE, VIRUS-FREE, OR UNINTERRUPTED OR THAT IT WILL MEET ANY SPECIFIC REQUIREMENTS OF A USER OR SUBSCRIBER, AND MAKES NO GUARANTEES AS TO THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS. NETWORKS ARE MADE UP OF COMPLICATED SERVERS AND SWITCHES THAT HAVE THOUSANDS OF MECHANICAL DEVICES THAT CAN FAIL.
Limitation of Liability
You agree that FS cannot provide the Service at a fair price without limiting its liability as set forth herein. As an express condition of use of the Platform or Service, you agree to limit FS potential liability to you as described in this clause. This limitation of liability is a fundamental element of the basis of the agreement between FS and you as a User.
FS does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Platform or Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Platform. Under no circumstances will FS or its Partners be responsible for any loss or damage resulting from your reliance on information or other content posted on the Platform or transmitted to or by any Users.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA OR OTHER INFORMATION, USE, GOODWILL) ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR SERVICE. WITHOUT LIMITING THE ABOVE, FS SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM (A) CHANGE IN SEARCH ENGINE RANKINGS; (B) UNAUTHORISED ACCESS TO OR USE OF YOUR ACCOUNTS; (C) ANY ALTERATION, CORRUPTION, DELETION, DAMAGE OR LOSS OF ANYTHING USED IN CONNECTION WITH THE PLATFORM OR SERVICE; (D) FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION WITH RESPECT TO THE PLATFORM OR SERVICE; (E) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ONLINE ACCESS TO OR USE OF THE PLATFORM OR THE SERVICE; (F) INCOMPATIBILITIES BETWEEN THE PLATFORM OR THE SERVICE AND OTHER SERVICES, SOFTWARE OR HARDWARE; (G) ANY THIRD-PARTY CONDUCT OR TRANSMISSIONS OR DATA. THESE LIMITATIONS ON LIABILITY APPLY EVEN TO LOSSES OF WHICH FS KNEW, OR SHOULD HAVE KNOWN, OR HAS BEEN ADVISED OF THE POSSIBILITY. SUCH LOSSES WILL NOT CONSTITUTE A FAILURE OF THIS AGREEMENT’S ESSENTIAL PURPOSE.
THE LIABILITY OF FS AND ITS PARTNERS AND SUPPLIERS FOR DAMAGES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATIONS OF LIABILITY SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS.
If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from FS or any, Partners direct damages up to an amount equal to your Services fee for the month during which the breach occurred. You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or Reservation of rights.
User Indemnification for Certain Actions
Users agree to indemnify and hold FS and its officers, agents, subsidiaries, partners and employees harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of (i) User Generated Content you submit, post, transmit, or make available through the Service, (ii) your unauthorised use of the Site or Service, (iii) your connection to or use of the Service, or (iv) your violation of the Terms and or other policies, or (v) your violation of any rights of another including but not limited to another's copyright or other intellectual property right.
If any provision of the Platforms Terms and Policies is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party’s failure to act with respect to a breach of this Agreement does not constitute a waiver or affect that party’s rights to act subsequently. Users may not assign rights or delegate any duties under this Agreement.
Certain areas of the Platform (and your access to or use of certain services or Platform content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Platform, Services or Platform Content, the latter terms and conditions will take precedence with respect to your use of, or access to that area of the Platform Services or Platform Content. FS reserves the right to modify, change or delete any terms and/or policies for any reason without notice. By entering our Platform, you are agreeing to the above.