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USER
AGREES THAT USE OF THE SERVICE IS ENTIRELY AT USER'S OWN RISK.
THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF
ANY KIND OR RESPONSIBILITY EITHER EXPRESS OR IMPLIED, INCLUDING
(WITHOUT LIMITATION) ANY WARRANTY OR RESPONSIBILITY.
THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, IN ANY
WAY RELATING TO OR ARISING OUT OF THE SERVICE OR THE ATTEMPTED
USE THEREOF OR ANY TRANSACTIONS BETWEEN USERS, WHETHER FOR
BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE (WHETHER OF
PLASTICSAHEAD.COM OR
OTHERWISE), OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER
PLASTICSAHEAD.COM NOR ANY OF ITS PARTNERS, AFFILIATES, OR
CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE
OF THE SERVICE OR ACTUAL TRANSACTIONS OR INTENDED TRANSACTIONS
ARISING OUT OF THE USE OF THE SERVICE OR INABILITY TO GAIN
ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY
OBLIGATION OR RESPONSIBILITY THAT ANY OF THEM MAY HAVE.
WITHOUT
IN ANY WAY LIMITING ANY OTHER PROVISION CONTAINED HEREIN, MEMBER
AGREES THAT IN NO EVENT SHALL INDIAPLATIC.COM OR ITS OFFICERS,
DIRECTORS, OWNERS, ADMINISTRATOR, INDEPENDENT CONTRACTORS,
EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE, AND EACH MEMBER
EXCULPATES AND RELEASES SUCH PERSONS FROM ANY LIABILITY,
DIRECTLY OR INDIRECTLY TO MEMBER FOR ANY LOSS, DAMAGE,
LIABILITY, OR EXPENSE THAT MEMBER MAY SUFFER (OR ANY OTHER
PERSON CLAIMING BY OR THROUGH MEMBER) BY REASON OF, ARISING OUT
OF, OR RELATED TO THE USE OF THE WEB SITE OR THE SERVICE, BY
REASON OF ANY TRANSACTION WITH MEMBERS (INCLUDING WITHOUT
LIMITATION ANY MEMBER BUY AND/OR SELL ARRANGEMENTS), THE COVERED
PRODUCTS, AND ANY INFORMATION APPEARING ON OR THROUGH THE
PLASTICSAHEAD.COM , REGARDLESS OF WHETHER SUCH LOSS, DAMAGE,
LIABILITY, OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM
PLASTICSAHEAD.COM.COM'S NEGLIGENCE.
NOTWITHSTANDING THE FOREGOING OR ANY OTHER LIMITATIONS ON
LIABILITY SET FORTH IN THIS AGREEMENT, IF A USER OR MEMBER
BECOMES ENTITLED TO ANY RECOVERY, EACH USER AND MEMBER AGREES
THAT ITS RECOVERY SHALL BE LIMITED TO THE AMOUNT OF ANY AMOUNT
PAID TO PLASTICSAHEAD.COM.COM BY REASON OF SUCH USER'S OR
MEMBER'S USE OF THE SERVICE.
USER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT ON THE SERVICE.
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In
addition, each Member indemnifies plasticsahead.com.com and its
officers, directors, owners, administrator, independent
contractors, employees, agents, and affiliates for and from any
Loss by reason of, in any way relating to, or arising out of:
·
Member's use
of the Web site or the Service, any violation of any law, rule,
or
regulation arising by reason of such use;
·
Any claim or
dispute which may arise from a breach of terms of the Agreement
or
from any dispute which may arise between Members;
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