Limitation of Liability; Disclaimer
NAILACADEMY and its affiliates, subsidiaries, officers, directors, shareholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the "NAILACADEMY Parties") will use its best efforts to ensure that the availability of the Services is uninterrupted and transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed.
YOU EXPRESSLY AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR THE RISKS ASSOCIATED WITH THE USE OF THE SERVICES. ALL MATERIALS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE WARRANTY OF NON-INFRINGEMENT. YOU WARRANT THAT (A) OUR SERVICES WILL MEET YOUR NEEDS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS YOU MAY OBTAIN FROM THE USE OF OUR SERVICES WILL BE EFFECTIVE, (D) THE QUALITY OF ANY SERVICES OR INFORMATION YOU RECEIVE THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM INACCURACIES, ERRORS OR DEFECTS.
THE CONTENT OF OUR SPEAKERS' LECTURES IS NOT ALTERED OR EDITED FOR LEGAL OR OTHER MATTERS. NO EDITORIAL CONTROL IS EXERCISED OVER THE COURSES AVAILABLE ON OUR WEBSITE AND THEREFORE THE RELIABILITY, VALIDITY, ACCURACY OR AUTHENTICITY OF THE COURSES IS IN NO WAY GUARANTEED. SPEAKERS ARE NOT HIRED OR EMPLOYED BY NAILACADEMY AND NAILACADEMY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY INTERACTIONS BETWEEN SPEAKERS AND USERS WHO ATTEND THE COURSE. ARISING OUT OF OR RELATING TO THE CONDUCT OF THE SPEAKERS OR USERS
NAILACADEMY IS NOT RESPONSIBLE FOR ANY DISPUTES, CLAIMS, LOSSES OR DAMAGES OF ANY KIND.
BY USING THE SERVICES, YOU MAY BE EXPOSED TO CONTENT THAT YOU FIND OFFENSIVE, INDECENT, OR OBJECTIONABLE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE NAILACADEMY PARTIES HAVE NO RESPONSIBILITY TO WITHHOLD SUCH CONTENT FROM YOU AND HAVE NO LIABILITY FOR YOUR ACCESS TO OR ENROLLMENT IN ANY COURSE.
NAILACADEMY MAKES NO COMMITMENT TO UPDATE ITS SERVICES. NAILACADEMY HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO OPERATE OF ANY DATA OR OTHER CONTENT USED OR UPLOADED BY THE SERVICE.
NAILACADEMY RESERVES THE RIGHT TO TERMINATE USER ACCOUNTS THAT ARE INACTIVE FOR AN EXTENDED PERIOD OF TIME. NAILACADEMY RESERVES THE RIGHT TO MODIFY THE SERVICE (OR ANY PART THEREOF) TEMPORARILY OR PERMANENTLY, WITH OR WITHOUT NOTICE. YOU AGREE THAT NAILACADEMY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION DO NOT APPLY TO ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DEFECT DUE TO BREACH OF CONTRACT, TORT, NEGLIGENCE OR OTHER ACTION WITH RESPECT TO THE WEBSITE AND SERVICES, FOR ANY DAMAGE OR INJURY RESULTING FROM DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS, ALTERATION OR USE.
NAILACADEMY SHALL NOT BE LIABLE FOR ANY INDIRECT, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, EXEMPLARY, NON-INTENTIONAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF LOSS OF USE OR LOSS OF DATA (SUCH AS LOST REVENUE, IN NO EVENT WILL IT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (INCLUDING LOSS OF REPUTATION OR LOSS OF DATA) OR ANY OTHER DAMAGES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT WILL IT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LIABILITY BASED ON ANY THEORY OF LIABILITY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF NAILACADEMY PARTIES IN SUCH STATES OR JURISDICTIONS WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You fully accept the risks associated with your use of the Services. You acknowledge and agree that the exclusive remedy for any dispute with the NAILACADEMY Parties is to stop using the Services. You further agree that no liability, if any, of the NAILACADEMY Parties to you may exceed the amount you paid for the services giving rise to such liability.
You agree that any claim arising out of or relating to your relationship with NAILACADEMY must be made within one year after such claim arises or your claim will be permanently time-barred.