3. The content‚ products‚ and services provided from and through this Web site‚ including memberships thereto‚ are provided “as is” and/or “as available” and all warranties‚ express or implied‚ are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information provided by the site May contain errors‚ problems‚ inaccuracies‚ or other limitations. Mistress Cyan assumes no liability or responsibility for any errors or omissions in the content contained on this site. Mistress Cyan is also not responsible or liable in any way for any damage caused by electronic viruses or similar programs contained within any of Mistress Cyan’s sites or in any electronic file thereon.
4. I hereby agree to indemnify‚ defend‚ and hold Mistress Cyan‚ as well as any persons affiliated with Mistress Cyan’s Web site‚ including‚ but not limited to‚ other Domains mentioned‚ featured‚ or advertised on Her site‚ contributing photographers or story writers‚ Mistress Cyan’s web site designer‚online service provider‚ and Mistress Cyan’s hosting company‚ harmless from any liability‚ loss‚ claim‚ or expense‚ including attorney’s fees and court costs and expenses‚ related to any violation I commit of this Terms of Use Agreement.
5. I hereby understand and agree that Mistress Cyan‚ as well as any persons affiliated with Mistress Cyan’s web site‚ including‚ but not limited to‚ other Domains mentioned‚ featured‚ or advertised on Her site‚ contributing photographers or story writers‚ Mistress Cyan’s Web site designer‚ online service provider‚ and Mistress Cyan’s hosting company‚ is not liable for any indirect‚ special‚ incidental‚ or consequential damages‚ whether based on breach of contract‚ tort (including negligence)‚ product liability‚ or otherwise‚ even if advised of the possibility of such damages. The limitations of such damages are fundamental elements of the basis of any commercial transaction between myself and Mistress Cyan and affiliates. I understand that the information‚ goods‚ or services provided from this site would not be provided without such limitations. I understand that some state statutes May apply regarding limitations of liability.
6. I understand and agree that the sole liability of Mistress Cyan and affiliates‚ and my sole remedy for any information‚ product‚ or service purchased by me through this site shall be limited to the amount I paid for the information‚ product‚ or service purchased.
7. This agreement shall be treated as though it were executed and performed in California‚ and shall be governed and construe in accordance with the laws of the United States of America and the state of California (without regard to conflicts of law principles). The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Terms of Use Agreement shall be brought solely in Los Angeles county‚ California and purchasers of any information‚ product‚ or service from this Web site hereby expressly agree to submit to the jurisdiction of said courts and consent to extra-territorial service of process. 8. Should any part of this agreement be found to be illegal‚ unconscionable‚ or otherwise unenforceable in any court of law‚ the remaining portions of the agreement shall be held to be binding and effective as between the parties‚ to the fullest extent possible under the law.