You understand that Franciscan Alliance cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the websites for any reconstruction of any lost data. Franciscan Alliance does not assume any responsibility or risk for your use of the Internet.
YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FRANCISCAN ALLIANCE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FRANCISCAN ALLIANCE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FRANCISCAN ALLIANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND FRANCISCAN ALLIANCE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. FRANCISCAN ALLIANCE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
1. Limitation on Liability
FRANCISCAN ALLIANCE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF FRANCISCAN ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FRANCISCAN ALLIANCE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO FRANCISCAN ALLIANCE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
3. Trademark of Copyrights
Trademarks, service marks, logos and copyrighted works appearing in the websites are the property of Franciscan Alliance or the party that provided the trademarks, services marks, logos and copyrighted works to Franciscan Alliance. Franciscan Alliance and any party that provided trademarks, service marks, logos and copyrighted works to Franciscan Alliance retain all rights with respect to any of their respective trademarks, service marks, logos and copyrighted works appearing in the websites.
Any passwords used for the websites are for individual use only. You will be responsible for the security of your password (if any). Franciscan Alliance will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Franciscan Alliance considers insecure, Franciscan Alliance will be entitled to require the password to be changed and/or terminate your account.
5.3. You agree that no joint venture, partnership, employment or agency relationship exists between you and Franciscan Alliance as a result of this agreement or use of the Websites.
5.5. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.