Disclaimer and limitation of liability
IBISWorld Inc. and its Affiliates warrant that it will use reasonable efforts at all times to ensure that the data and information in IBISWorld is kept fully up to date. IBISWorld Inc. and its Affiliates do not warrant, guarantee or make any representations to you, regarding the use, or the results of the use of the software or any information in IBISWorld, including, but not limited to its correctness, accuracy, reliability, performance or otherwise.
Except as otherwise expressly required by law, IBISWorld Inc. and its Affiliates shall be under no liability whatsoever including consequential loss to you howsoever arising relating to the supply to or the use by you of IBISWorld and information and data contained therein or represented thereby.
Various Federal and State Legislation in the United States may confer rights and remedies on you in relation to the provision by IBISWorld Inc. and its Affiliates of goods or services on the IBISWorld which cannot excluded, restricted or modified ("Non-excludable Rights"). IBISWorld Inc. and its Affiliates do not exclude any Non-excludable Rights but do exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) IBISWorld Inc. and its Affiliates expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) IBISWorld Inc. and its Affiliates do not warrant that the functions contained in any Content or any Communications Facility or your access to IBISWorld will be uninterrupted or error-free, that any defects will be corrected or that IBISWorld or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) IBISWorld Inc. and its Affiliates do not warrant or make any representation regarding your access to, or the result of your access to, IBISWorld (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not IBISWorld Inc. or its Affiliates) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of IBISWorld Inc.Inc. or its Affiliates) will IBISWorld Inc. or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, IBISWorld or any Content. You expressly acknowledge and agree that IBISWorld Inc. or its Affiliates do not exert control over users of the IBISWorld
To the fullest extent permitted by law, IBISWorld Inc. and its Affiliates' liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of IBISWorld Inc. and its Affiliates to the following: a) in the cases of service supplied or offered by IBISWorld, (i) the supply of the services again, or (ii) the payment of the cost of having services supplied again: and, b) in case of goods supplied or offered by IBISWorld, (iii) the replacement of the goods or the supply of equivalent goods, (iv) the repair of such goods, (v) the payment of the cost of replacing the goods or acquiring equivalent goods, or (vi) the payment of the cost of having the goods repaired.
YOUR ACCESS TO AND USE OF OUR SERVICE ARE AT YOUR SOLE RISK. OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." OUR SERVICE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, WHETHER OR NOT THAT THIRD PARTY'S WEBSITE IS LINKED FROM OUR SERVICE.