Warranty Disclaimer; Limitations; Indemnification EXCEPT AS EXPRESSLY INDICATED OTHERWISE, Host Diamond, LLC HEREBY DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL Host Diamond, LLC BE LIABLE OR OBLIGATED UNDER THIS AGREEMENT WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR (I) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, OR (II) ANY AMOUNT IN EXCESS OF THE AMOUNT PAYABLE BY Host Diamond, LLC TO A REFERRING MEMBER HEREUNDER. Referring Member shall defend, indemnify and hold Host Diamond, LLC and its successors and assigns harmless from and against all claims, suits and proceedings and any and all damages, liabilities costs and expenses (including reasonable attorneys' fees and court costs) incurred by Host Diamond, LLC as a result of any and all such claims, suits and proceedings against Host Diamond, LLC arising from Referring Member's actions. Your use of this website and referral program shows agreement to these terms. Effective July 4, 2008. |