Disclaimer of Warranties; Limitation of Liability
Wetry to keep our Services safe, secure, and functioning properly, but we cannotguarantee the continuous operation of or access to our Services. Bid update andother notification functionality in Martsbay's applications may not occur inreal time. Such functionality is subject to delays beyond Martsbay's control.
Youagree that you are making use of our Services at your own risk, and that theyare being provided to you on an "AS IS" and "AS AVAILABLE"basis. Accordingly, to the extent permitted by applicable law, we exclude allexpress or implied warranties, terms and conditions including, but not limitedto, implied warranties of merchantability, fitness for a particular purpose,and non-infringement.
Inaddition, to the extent permitted by applicable law, we (including our parent,subsidiaries, and affiliates, and our and their officers, directors, agents andemployees) are not liable, and you agree not to hold us responsible, for anydamages or losses (including, but not limited to, loss of money, goodwill or reputation,profits, other intangible losses, or any special, indirect, or consequentialdamages) resulting directly or indirectly from:
Somejurisdictions do not allow the disclaimer of warranties or exclusion ofdamages, so such disclaimers and exclusions may not apply to you.
Regardlessof the previous paragraphs, if we are found to be liable, our liability to youor to any third party is limited to the greater of (a) any amounts due underthe Martsbay Money Back Guarantee up to the price the item sold for on Martsbay(including any applicable sales tax) and its original shipping costs, (b) theamount of fees in dispute not to exceed the total fees, which you paid to us inthe 12 months prior to the action giving rise to the liability, or (c) $100.
Ifyou have a dispute with one or more users, you release us (and our affiliatesand subsidiaries, and our and their respective officers, directors, employeesand agents) from claims, demands and damages (actual and consequential) ofevery kind and nature, known and unknown, arising out of or in any way connectedwith such disputes. In entering into this release you expressly waive anyprotections (whether statutory or otherwise) that would otherwise limit thecoverage of this release to include only those claims which you may know orsuspect to exist in your favor at the time of agreeing to this release.
Youwill indemnify and hold us (including our affiliates and subsidiaries, as wellas our and their respective officers, directors, employees, agents) harmlessfrom any claim or demand, including reasonable legal fees, made by any thirdparty due to or arising out of your breach of this User Agreement, yourimproper use of Martsbay's Services or your breach of any law or the rights ofa third party.