Terms Of Use

Disclaimers, Limitation of Liabilities and Other Legal Issues

DISCLAIMER

Except where expressly provided otherwise, the Site, and all content, information, materials, products, services and software provided on the Site, are provided on an "As Is" and "As Available" basis. Objectivity expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Objectivity makes no warranty that:
a) The Site will be available on an error-free, secure or timely basis;
b) The results that may be obtained from the use of the Site or any services offered through the Site will at all times be accurate or reliable; or
c) The quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations.

Any content, information, materials or software that you download or otherwise obtain through the use of the Site is obtained at your own discretion and risk.

Objectivity will have no responsibility for any damage to your computer system or loss of data that results from the download of any content, information, materials or software.

In addition to the terms set forth above Objectivity will not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or any lack of timeliness or authenticity of, the information contained within the Site, or for any delay or interruption in the transmission thereof, or for any claims or losses arising therefrom or occasioned thereby.

LIMITATIONS

Limitation of Liability

In no event will Objectivity be liable for any consequential, direct, indirect, incidental, punitive or special damages, or damages for loss of data, profits, revenue or use incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Site.

Note: Some of the above disclaimers and limitations may not apply in jurisdictions that do not allow the exclusion or limitation of liability.

Indemnity

You agree to defend, indemnify and hold harmless Objectivity, its agents, directors, employees and officers from and against any and all claims, damages, expenses, liabilities or losses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access or use of the Site.

Applicable Laws

All matters relating to your access or use of the Site will be governed by U.S. federal law and the laws of the State of California. Any legal action or proceeding relating to your access or use of the Site will be instituted in a state or federal court in San Jose or Santa Clara County, California. You and Objectivity agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.