No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy
of the Site, Nordana, makes no warranty, express or implied concerning
Nordana Content, the Site, software or products or services available
through the Site (the "Site Services"), which are provided
"as is". Nordana expressly disclaims all warranties,
including but not limited to warranties of fitness for a particular purpose
and warranties of merchantability. In no event will Nordana, its affiliates
or other suppliers be liable for direct, special, incidental, or
consequential damages (including, without limitation, damages for loss of
business profits, business interruption, loss of business information or
other pecuniary loss) arising directly or indirectly from the use of (or
failure to use) or reliance on the Site Services, even if Nordana has been
advised of the possibility that such damages may arise. Nordana does not
guarantee the accuracy, content, or timeliness of the Site Services or that
they or related systems are year 2000 compliant or free from viruses or
other contaminating or destructive properties.
In no event will any liability of Nordana, its affiliates, agents and
licensors to you (and/or any third party) arising out of any kind of legal
claim (whether in contract, tort, or otherwise) in any way connected with
the Site Services or breach of these Terms by Nordana exceed the amount, if
any, paid by you to Nordana in respect of the particular Site Service to
which the claim relates.
Upon Nordana's request, you agree to defend, indemnify and hold
harmless Nordana from any claims and expenses, including reasonable legal
fees, related to any breach of these Terms by you or your use of any Site
Services.
Force Majeure
Nordana, its affiliates and its information providers will not be liable or
deemed to be in default for any delay or failure in performance or
interruption of the delivery of Nordana Content resulting directly or
indirectly from any cause or circumstance beyond its or their reasonable
control, including but not limited to failure of electronic or mechanical
equipment or communication lines, telephone or other interconnect problems,
computer viruses, unauthorized access, theft, operator errors, severe
weather, earthquakes or natural disasters, strikes or other labor problems,
wars, or governmental restrictions.