PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS HERAEUS’S LIABILITY TO YOU, EVEN IN THE EVENT THAT YOU INCUR DAMAGES ARISING FROM USING THIS SITE.
2.1. Warranty Disclaimer. We prepared the content and other information contained on this Site as a convenience. It is not intended to constitute advice or recommendations upon which you may rely.
ALL CONTENT ON THIS SITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS.
WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS SITE, THE WEBSHOP, THE ONLINE SERVICES, THE SOFTWARE, AND THE SITE’S CONTENTS (INCLUDING PRICE DATA AND TRANSACTION DATA), AND THE RESULTS OBTAINED FROM USING THE ONLINE SERVICES, WHETHER IMPLIED, EXPRESS, STATUTORY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE, TITLE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE MAKE NO WARRANTY THAT THIS SITE, THE WEBSHOP, THE SOFTWARE, THE ONLINE SERVICES, OR THEIR CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
2.2. Limitation of Liability. Your exclusive remedy for any dispute with us arising from this Site and the Online Services is for you to discontinue use of this Site. We will not be liable to you (or to any third party claiming under or through you) for any loss, injury, claim, or indirect, special, incidental, consequential, punitive, or exemplary damages (even if we knew or should have known of the possibility of such damages) arising from: your use of, or inability to use, this Site or the Online Services; or any actions or omissions of a third party acting through you or for your account, whether authorized by you or not. We will not be liable to you for any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, other commercial damages or losses, or on account of the negligence, nonfeasance, misfeasance, malfeasance, or breach of fiduciary duty of or by your advisers. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the lesser of: the minimum extent required by law; and $1,000. This limitation of liability shall exclude obligations that we expressly assume under the Sale Terms.
2.3. Links to Third Party Sites. This Site may contain links to websites owned and operated by parties other than us. We do not control such websites and are not responsible or liable for their content or accuracy. We do not endorse such websites, and we accept no liability for any information, products, advertisements, content, services or software accessible through these third-party websites, for business and privacy practices of such third parties, or for any action you may take as a result of linking to any such website.
2.4. Indemnification. You must defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorneys’ fees, made by any third party that arise from your use of this Site is: contrary to applicable law; in a manner not consistent with these Terms or any other agreement with Heraeus; or in violation of the rights of any third party. The foregoing indemnification obligation does not apply to liabilities, claims, demands and expenses arising from our own gross negligence or intentional misconduct.
2.5. Editorial Control. We may review and in some cases remove content provided by users or third party content providers on this Site. We do not undertake any obligation or liability with respect to any removed content. Any statements or other information made on this Site by users or third parties is not that of Heraeus.