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Disclaimer of Warranties and Liabilities

ALL LICENSED INFORMATION AND OTHER MATERIAL ON THE DAILY JOURNAL WEB SITES (INCLUDING WITHOUT LIMITATION LEGISLATION AND CASE REPORTS) IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. DAILY JOURNAL, ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY LICENSED INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE OR THE SERVICE ITSELF.

DAILY JOURNAL, ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGE, OR DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY YOU IN RELIANCE ON SUCH CONTENT.

THE INFORMATION CONTAINED AT THE DAILY JOURNAL WEB SITES IS NOT INTENDED TO PROVIDE LEGAL ADVICE. YOUR ACCESS OF THE SERVICES, INCLUDING DOCUMENTS ORDERED FROM THE DAILY JOURNAL WEB SITES, DOES NOT CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP. THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE IS ASSUMED BY THE USER OF THE LICENSED INFORMATION. THE LICENSED INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE, AND DAILY JOURNAL UNDERTAKES NO DUTY OR RESPONSIBILITY TO UPDATE LICENSED INFORMATION OR TO NOTIFY USERS OF ANY CHANGES TO LICENSED INFORMATION.

DAILY JOURNAL WEB SITES INCLUDE FACTS, VIEWS, OPINIONS AND RECOMMENDATIONS OF INDIVIDUALS AND ORGANIZATIONS DEEMED OF INTEREST. DAILY JOURNAL AND ITS CONTENT LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF, OR OTHERWISE ENDORSE, THESE FACTS, VIEWS, OPINIONS OR RECOMMENDATIONS.

DAILY JOURNAL DOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SERVICE IS FREE OF ERRORS OR VIRUSES, WORMS OR “TROJAN HORSES” AND IS NOT LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. DUE TO THE INHERENT NATURE OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS AND OMISSIONS IN THE SERVICE.

YOU AGREE THAT THE AGGREGATE LIABILITY OF DAILY JOURNAL, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, FOR ANY AND ALL LOSSES, CLAIMS, DAMAGES, EXPENSES, FEES OR OTHER LIABILITIES (COLLECTIVELY, “CLAIMS”) ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICE OR THE LICENSED INFORMATION OR OTHER MATERIAL SHALL NOT EXCEED THE AMOUNT YOU PAID TO DAILY JOURNAL FOR THE USE OF THE SERVICE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM(S).

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all action contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, as if the Agreement was a contract wholly entered into and wholly performed within the State of California. [This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.]