The opinions and views expressed in any content appearing on this website do not necessarily reflect the opinions and views of Large Print or its parent company, Digital Lagoon by using the website and the services of Large Print, the user hereby agrees to these conditions and the additional Terms and Conditions found here.
You agree to release, indemnify, defend and hold harmless Digital Lagoon & Large Print and its owners, parents, subsidiaries, members, affiliates, officers, employees and assigns (“Company”), its parent company, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, employees, licensors and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with (a) your use of the Large Print service and website (collectively, “Service”) and (b) the breach by you of your representations and warranties set forth herein.
any intellectual property or other proprietary right of any person or entity,
your violation of any of the provisions of this or any other Agreement, or
any information or data you supplied to Company
When Company is threatened with suit or sued by a third party, Company may seek written assurances from you concerning your promise to indemnify Company; your failure to provide those assurances may be considered by Company to be a material breach of this Agreement. Company will have the right to participate in any defense by you of a third-party claim related to your use of any of the website, with counsel of Company’s choice at its expense. Company will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Company against any claim, but you must receive Company’s prior written consent regarding any related settlement. The terms of this Article will survive any termination or cancellation of this Agreement.
COMPANY’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID DURING THE TERM.
COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM
THE USE OR THE INABILITY TO USE THE SERVICE OR CONTENT;
THE COST OF PROCURING SUBSTITUTE CONTENT AND SERVICE;
ANY CONTENT OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. (d) COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR DEVICE OR PERSONAL COMPUTER CAUSED BY THE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You consent to the exclusive jurisdiction and venue of courts of Johnson County, Kansas and the U.S. District Court, District of Kansas at Kansas City, in the United States of America, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.