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THE SITE AND THE SERVICES
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ELIGIBILITY TO USE OUR SERVICES
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COMPLIANCE WITH LAWS
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LINKS TO OTHER WEBSITES
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LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES OR ANY MATERIALS THEREON, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES. WITHOUT DEROGATING FROM ANY OF THE FOREGOING, OUR TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT, IF ANY, IN CONNECTION WITH THE SITE, THE SERVICES OR THE AGREEMENT WILL NOT EXCEED USD $100. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND YOU.
GOVERNING LAW; DISPUTE RESOLUTION
The laws of New York will govern this Agreement, without regard to its conflict of law principles. Any and all legal claims, suits or actions that arise in connection with this Agreement and/or the Site or Services, claimed against us shall be brought exclusively in the courts located in New York, New York. You agree that this Site shall be deemed a passive website that does not give rise to personal jurisdiction over Checkmarx, either specific or general, in jurisdictions other than New York.
LIMITATION OF CLAIMS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
WAIVER AND SEVERABILITY
The failure of Checkmarx to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any of the provisions of this Agreement are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
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