LIMITATION OF LIABILITY. You assume the entire risk as to the quality and performance of the Software. FreeSeminar.com assumes no liability for the cost of any service or repair if the Software is defective

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL FreeSeminar.com OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL FreeSeminar.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF FreeSeminar.com' LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF FreeSeminar.com SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

3. COMMISSIONS, FEES AND CHARGES: You agree to be fully liable for any and all commissions, fees, interest charges and payments due to FreeSeminar.com and/or other parties in connection with transactions effected by you in your FreeSeminar.com account(s) through FreeSeminar.com’s Services.

4. PASSWORDS AND SECURITY: You acknowledge that you will be the only authorized user of FreeSeminar.com’s Services for your own User ID(s). You will be fully responsible for the confidentiality and use of your user name(s) and password(s) and you agree that you will be fully and solely responsible for all activities, including transactions, which arise from the use of your user name(s) or password(s) (except as provided for in paragraph 5 below).

5. NOTIFICATION OF UNAUTHORIZED USE: You agree that as a condition of being approved to use FreeSeminar.com’s Services you will immediately notify FreeSeminar.com if: a.) You have received confirmation of an order or orders placed using your FreeSeminar.com account which you did not place or any similar conflicting report; or
b.) You become aware of any unauthorized use of your user name(s), password(s) or any product or service related to your account(s).
If you fail to notify FreeSeminar.com immediately upon the occurrence of any of the above events, you agree that FreeSeminar.com will not have any responsibility or liability to you or any other person whose claim may arise through you for any claims with the handling, mishandling or loss of any order. Any liability of FreeSeminar.com arising out of any action or omission by FreeSeminar.com with respect to the handling, mishandling or loss of any order shall be limited to an amount equal to the loss incurred due to the action or omission during the five business days after the date on which you first became obligated to give FreeSeminar.com notice with respect to such transaction(s) pursuant to this Section.

You agree that FreeSeminar.com and/or any of its officers, directors, employees, agents or affiliates will not have any other liability to you or any other person whose claims may arise through you for any consequential, incidental, special or indirect damages, even if FreeSeminar.com has been advised of the possibility of such damages. FreeSeminar.com shall not be responsible for or deemed to be in default under this agreement due to any delay or failure in performance resulting directly or indirectly from any cause beyond FreeSeminar.com’s reasonable control.