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DISCLAIMERS AND LIMITATION OF LIABILITY
The Site include links and pointers to Internet Site, content and services provided by third parties. BALMSHOT’s linking to any third party Site does not imply an endorsement or sponsorship of such Site or the information, products or services offered on or through the Site. In addition, BALMSHOT does not operate or control in any respect any information, products or services that third parties may provide on or through the Site or on web Site linked to by BALMSHOT.
USE OF THE SITE IS AT YOUR OWN RISK. THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BALMSHOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BALMSHOT DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE SERVICES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. BALMSHOT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THE SITE OR ON THIRD-PARTY SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. BALMSHOT ASSUMES NO LIABILITY FOR THE CONTENT OF THE SITE, DOES NOT REPRESENT OR WARRANT THAT USE OF THE CONTENT WILL NOT INFRINGE RIGHTS OF THIRD PARTIES AND BALMSHOT HAS NO RESPONSIBILITY OR LIABILITY OF ACTIONS OF THIRD PARTIES OR FOR CONTENT PROVIDED BY OTHERS. IN NO EVENT SHALL BALMSHOT, ITS AFFILIATES EMPLOYEES, AGENTS OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY AMOUNT OF DIRECT DAMAGES IN EXCESS OF $100. (Since some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability of BALMSHOT is limited to the fullest extent permitted by such state law.)
The Site may contain facts, views, opinions, statements and recommendations of third party individuals and organizations. BALMSHOT does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information on the Site and use of or reliance on such advice, opinion, statement or other information is at your own risk.
BALMSHOT may allow you to purchase many different types of products and services online that are provided by third parties. BALMSHOT is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or Site linked to by BALMSHOT, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. BALMSHOT has no responsibility or liability for these independent practices. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant's home page and click on its information links or contact the merchant directly. You release BALMSHOT and its partners, affiliates, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and content providers from any damages that you incur, and agree not to assert any claims against them arising from or relating to your purchase or use of any products or services made available by third parties through BALMSHOT.
When you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to BALMSHOT or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
The Site may include a variety of features, such as bulletin boards, chat rooms, and email services, that allow feedback to BALMSHOT and real-time interaction between users and other features, such as personalized homes pages and e-mail services, that allow users to communicate with others. You are responsible for material that you post on bulletin boards, chat rooms and other public posting areas on the Site. BALMSHOT does not control or routinely review the messages, information or files that others may provide through the Site. It is a condition of your use of the Site that you do not:
Restrict or inhibit any other user from using and enjoying the Site.
Post or transmit any unlawful, threatening, abusive, libelous, fraudulent, false, defamatory, discriminatory, obscene, vulgar, hateful, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
Post or transmit any information, software or other material that contains a virus or other harmful component.
Post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of BALMSHOT.
Gather for the purpose of spamming, phishing or password harvesting email addresses that have been posted by other users of the Site.
Use or attempt to use another person’s account, password or services.
Disrupt, interfere with or otherwise violate the security of the Site or any services, accounts, passwords, servers or networks related to the Site.
Send repeated messages to another user or repeat postings of the same message under the same or multiple subjects.
A VIOLATION OF THE FOREGOING MAY BE REFERRED TO LAW ENFORCEMENT
BALMSHOT may terminate or restrict your use of the Site or any part of the Site at any time for any reason without notice. In the event of termination, you are no longer authorized to access the part of the Site affected by such termination or restriction.