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Disclaimer

SafetyNet Online and SafetyNet Inc. related Services ARE PROVIDED ON AN AS IS BASIS, WITHOUT ANY WARRANTY WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SafetyNet Inc. HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SITE MAY BE INCORRECT, OUT OF DATE, INAPPROPRIATE FOR ANY PARTICULAR TRANSACTION, AND MAY CONTAIN “BUGS”, ERRORS, DEFECTS, AND MAY NOT OPERATE ERROR-FREE OR PRODUCE RESULTS AS EXPECTED. YOU understand and agree that your access to or use of Merchant Services is a matter entirely between you and the third parties, and SafetyNet Inc shall have no liability whatsoever for any such access or use.

Legal

This Policy constitutes the entire and only agreement between SafetyNet Inc and you regarding the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the information provided by or through the Site, and the subject matter of this Policy. Any action related to this Policy shall be governed by the substantive laws of the State of California, without regard to conflicts of law principles. The State and Federal courts located in Riverside, Ca, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts and to extra-territorial service of process. The United National Convention on Contracts for the International Sale of Goods shall not apply to this Policy. Any waiver of any rights of either party must be in writing, signed by the waiving party, and any such waiver shall not operate as a waiver of any future breach of this Policy. In the event any portion of this Policy is found to be illegal or unenforceable, such portion shall be severed, and the remaining terms shall be separately enforced. This Policy may be modified or amended by you only in written document signed by both parties. Any purported modification or amendment inconsistent with the foregoing shall be void.

Damages

IN NO EVENT SHALL SafetyNet Inc., subsidiaries, affiliated companies, agents, shareholders, employees OR officers HAVE ANY LIABILITY HEREUNDER TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SafetyNet Inc. ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES AND OFFICERS EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THE FOREGOING LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SafetyNet Inc. AND YOU. THIS SITE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

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