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Your use of this site is at your own risk. this site (including all content and functions made available or accessed through this site) is provided “as is.” to the fullest extent permitted by law, Amelia Surf Co. makes no representations or warranties of any kind whatsoever about the (1) accuracy, merchantability, fitness for a particular purpose or non-infringement of any content published on or made available through this site, or (2) that the server that makes this site available is free of viruses or other components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use this site.
Under no circumstances, including but not limited to Amelia Surf Co.’s negligence, shall Amelia Surf Co. be liable for any consequential, incidental, indirect, punitive or special damages related to (a) the use of the site, (b) the inability to use the site, or (c) errors or omissions in the content and functions of the site, even if Amelia Surf Co. or any authorized representative thereof has been advised of the possibility of such damages. you (and not Amelia Surf Co.) shall assume the entire cost of necessary servicing, repair or correction. applicable law may not allow the exclusion of implied warranties, so the above limitation or exclusion may not apply to you. in no event shall Amelia Surf Co.’s total liability to you for damages, losses or causes of action (whether in contract, warranty, or tort, including but not limited to, negligence or otherwise), exceed $100.00.
You agree to indemnify, defend and hold harmless Amelia Surf Co. and all of its agents, directors, employees, information providers, licensors and licensees, officers and affiliated organizations (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms or your foregoing representations, warranties or covenants. You agree to cooperate as fully as reasonably required in Amelia Surf Co.’s defense of any claim. Amelia Surf Co. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Amelia Surf Co..
These terms and conditions and any additional terms posted on the Site constitute the entire agreement between Amelia Surf Co. and you with respect to your use of this Site. If, for any reason, a court of competent jurisdiction finds any provision of these terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these terms shall continue in full force and effect.