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DISCLAIMER OF WARRANTIES
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LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL MIDTOWNE ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF MIDTOWNE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL MIDTOWNE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES), OR EXPENSE ARISING IN ANY MANNER WHATSOEVER ARISING FROM THE CONTENT OF ANY THIRD-PARTY WEBSITE.
The website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Midtowne of the contents of such third-party websites. Midtowne is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website, or (ii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.
GOVERNING LAWS AND JURISDICTION
The website is controlled by Midtowne from its offices within the State of California. By accessing or using the website, you agree that all matters relating to your access to, or use of, the website and/or the Content shall be governed by the laws of the State of California and the laws of the U.S., without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction the courts of the State of California with respect to such matters.
Any consent by Midtowne, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. Except for any agreements with Midtowne that expressly reference this Agreement, this is the entire agreement between you and Midtowne relating to the matters contained herein.