Effective Date: November 3, 2023
The content on the Site, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (collectively, "42 Content"), and the 42-word marks and design marks, as well as certain other of the names, logos and materials displayed on the Site that constitute trademarks (collectively, "Marks"), are owned by or licensed to 42 and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws.
The Site may contain links to third-party websites or internet resources not owned or controlled by 42. 42's provision of a link to any other website or internet resource is for your convenience only and does not signify 42's endorsement of such other website or resource or its contents. 42 shall not be responsible for the availability of any third-party websites or resources, and 42 does not warrant, endorse, guarantee, or assume responsibility for any content, information, software, materials, or practices of any such third-party websites or resources, including, without limitation, any products or services advertised or offered by a third party through the services or any linked websites or featured in any advertising.
You expressly agree that the site use is at your sole risk. the Site is provided on an "as is" and "as available" basis. to the fullest extent permitted under applicable law, 42 expressly disclaims all warranties of any kind, whether express or implied (including, without limitation, implied warranties of merchantability, fitness for a particular use or purpose, accuracy and non-infringement), with respect to the site. without limiting the preceding and to the maximum extent permitted by law, 42 assumes no liability or responsibility for any:
In no event will 42 be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if it was advised of, knew of, or should have known of the possibility of such damages).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent 42 may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of 42's liability shall be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances will 42 be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You may not act as a class representative or private attorney general nor participate as a member of a class of claimants for any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or 42's Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in aaa rules, and the right to certain remedies and forms of relief. other rights you or 42 would have in court also may not be available in arbitration.