4. Disclaimer and Limited Liability
The materials on the Site are provided “as is” with all faults. You use the Site at your sole and exclusive risk. Company and Practice makes no warranties, expressed or implied, orally or in writing, or representations and hereby disclaims and negates all other warranties and representations, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Company and Practice do not warrant or make any warranties or representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this Site. Company, Practice and any of their affiliates and its third-party providers do not represent or warrant that access to the site and its services will be uninterrupted or that there will be no failures, errors or omissions, or losses or security breach of transmitted information or that no viruses will be transmitted through access and use of the Site.
Company, Practice and their affiliates and third-party providers shall not be liable to you or any other third party for any direct, indirect, special, consequential or punitive damages arises out of this Agreement, the provision of services herein and hereunder the sale or purchase of Services ordered or scheduled through the Site, your access to or inability to access the Site, Site Information, including for viruses alleged to have been obtained from the Site, Site Information, your use or reliance on the Site, Site Information or materials available through third-party sites linked on the Site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Company recognizes and acknowledges that some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. Company and Practice also recognizes and acknowledges that you may also have other rights that vary from state to state.
In no event shall Company, Practice or their affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use Site, Site Information on Company’s Site, even if Company’s authorized representative has been notified orally, electronically or in writing of the possibility of such damage.
You hereby release Company, Practice, and other affiliates and third-party providers, and each of the respective directors, officers, employees, assigns, and agents from any and all claims, demands and damages, whether actual or consequential, of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed (“Claims”) arising out of or in any way connected with your use of the Site, Site Information or Services. If you are a resident of California, you expressly waive your right to California Civil Code Section 1542.