The materials on this Web Site, operated by tdreed.com. (referred to in this document as “COMPANY”), are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible and pursuant to applicable law, COMPANY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose (except where such limitations or exclusions are not available under law). COMPANY does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Web Site or the server that makes it available are free of viruses or other harmful components. COMPANY does not warrant or make any representations regarding the use or the results of the use of the materials in these sites in terms of their correctness, accuracy, reliability or otherwise. You, and not COMPANY, assume the entire cost of all necessary servicing, repair or correction of any and all damages or defects caused by your use of COMPANY’s Web Site.
THIRD PARTIES AND LINKS
Furthermore, COMPANY explicitly disclaims any responsibility for the accuracy, content or availability of information found on sites that link to or from COMPANY from third parties not associated with COMPANY. COMPANY encourages discretion when browsing the Internet using our own or anyone else’s service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, COMPANY cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. The links are for your convenience only, and you access them at your own risk. COMPANY does not in any way endorse the linked web sites except where expressly stated. COMPANY cannot ensure that you will be satisfied with any products or services that you purchase from linked web sites, since they are owned and operated by independent retailers. COMPANY does not endorse any of the merchandise, nor has COMPANY taken any steps to confirm the accuracy or reliability of, any of the information contained in such linked web sites. COMPANY does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against COMPANY with respect to such sites. COMPANY strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
LIMITATION OF LIABILITY
You expressly acknowledge and agree that, under no circumstances, including, but not limited to, negligence, shall COMPANY, its affiliated or related entities, any of their respective employees or agents, or any person or entity involved in the creation, production or distribution of COMPANY’s Web Site be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to computer systems or networks, or the reliance upon or use of data, information, opinions or other materials appearing on this Web Site that result from the use of, or the inability to use, the materials in this Web Site, even if COMPANY or an COMPANY authorized representative has been advised of the possibility of such damages. You further expressly acknowledge and agree that COMPANY is not liable or responsible for any defamatory, offensive or illegal conduct of other guests or third parties. Applicable law may prohibit the limitation or the exclusion of liability or incidental or consequential damage limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall COMPANY’s total liability to you for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing these sites.
INDEMNIfY AND HOLD HARMLESS
You agree to defend, indemnify and hold harmless COMPANY and its affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Web Site; your failure to use this Web Site; your breach or alleged breach of your agreement with all terms of this disclaimer or your breach or alleged breach of the copyright, trademark, proprietary or other rights of COMPANY or third parties.