Warranty Disclaimer & Limitations

  • Warranty Disclaimer.You, the subscriber, acknowledge that the services and the software are provided “as is, as available” without any warranty of any kind. Gesatech hereby disclaims any warranty or condition with respect to the quality, performance or functionality of the services and software, or with respect to the quality or accuracy of any information obtained from or available through use of the services and software, or that the services and software will be uninterrupted, error-free or free of viruses or other harmful components. The services and software may contain errors. No advice or information given by gesatech or gesatech’s representatives including, without limitation, subscriber support representatives, shall create a warranty. Gesatech disclaims all warranties or conditions, express, implied or statutory including, without limitation, warranties or conditions of quiet enjoyment and non-infringement and any implied warranties or conditions of merchantability, title, fitness for a particular purpose, merchantability of computer programmes and content. Gesatech does not guarantee that users will be able to use the services at times or locations of their choosing. Gesatech does not warrant that the services are compatible with any third party service or software, even if such third party claims, represents or warrants that such service or software is compatible with any service or gesatech in particular.
  • Limitations on gesatech’s liability. Gesatech shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control. In no event shall gesatech be liable under contract, negligence, tort, conversion, copyright infringement, trademark infringement, strict liability or any other legal or equitable theory for any direct, indirect, incidental, exemplary or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind or loss of business goodwill or opportunity) whether or not gesatech has been advised of the possibility of such loss or damages. Gesatech shall not be liable for the cost of procurement of substitute goods, services or technology. Gesatech’s entire liability and subscriber’s exclusive remedy with respect to any use of the services is the cancellation of subscriber’s account as set forth herein. In no event shall gesatech’s liability to you, the subscriber, exceed any amounts actually paid in cash by you, the subscriber, to gesatech for the prior one month period. No action, regardless of form, arising out of these terms or out of the services may be brought by you, the subscriber, more than one year after the event which gave rise to the cause of action . Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions, gesatech’s liability shall be limited to the greatest extent permitted by law.
  • Indemnification of Gesatech. You, the Subscriber, agree to defend, indemnify and hold Gesatech, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Gesatech’s own gross negligence or willful misconduct. Gesatech reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.