Last Updated: January 5, 2016
3.Disclaimer. The Information provided on this Site is for informational purposes only, IT MAY NOT, FROM TIME TO TIME, BE CURRENT AND UP-TO-DATE, and is NOT meant to be a substitute for INFORMATION OR Advice provided by AN AUTHORIZED REPRESENTATIVE OF vdi, AN ENGINEER or other qualified PROFESSIONAL. YOU SHOULD NOT RELY UPON ANY STATEMENT OR INFORMATION ON THIS SITE WITHOUT FIRST DISCUSSING YOUR SITUATION WITH aN AUTHORIZED REPRESENTATIVE OF vdi. VDI EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL ACTS AND OMISSIONS TAKEN BY YOU IN RELIANCE UPON ANY INFORMATION OR MATERIALS PROVIDED ON THIS SITE.
YOUR Use of THIS SITE does not create a PROFESSIONAL relationship BETWEEN YOU AND ARRAY OR ANY REPRESENTATIVE EMPLOYED BY OR AFFILIATED WITH ARRAY. A CUSTOMER RELATIONSHIP WITH ARRAY WILL ONLY BE ESTABLISHED BY A WRITTEN AGREEMENT BETWEEN A YOU AND ARRAY. IF YOU SUBMIT INFORMATION TO US USING THE CONTACT INFORMATION PROVIDED ON THIS SITE, ARRAY IS UNDER NO OBLIGATION TO RESPOND TO YOUR INQUIRY OR TO PROVIDE YOU WITH ANY GOODS OR SERVICES RELATING TO SUCH INQUIRY AND YOUR SUBMISSION OF SUCH INQUIRY DOES NOT ESTABLISH A CUSTOMER RELATIONSHIP BETWEEN YOU AND ARRAY.
5. Ownership; Use of Site. This Site and all information and content contained on this Site are the sole and exclusive property of Array, or are utilized and provided by Array with the permission of the owner thereof. You may only use this Site only for your own personal, lawful, non-commercial purposes. You agree not to use this Site for any unlawful purposes or in connection with any illegal activity.
7. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS:
A. YOUR USE OF THIS SITE IS AT YOUR RISK. THIS SITE AND ALL CONTENT AND INFORMATION AVAILABLE ON THIS SITE ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
B. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE AND ALL CONTENT AND INFORMATION AVAILABLE ON THIS SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
C. WE DO NOT WARRANT OR GUARANTEE THAT: (I) ACCESS TO AND USE OF THIS SITE, (AND/OR ANY SOFTWARE, SERVER, COMPUTER, HARDWARE, OR NETWORK RELATING TO THE OPERATION, OR HOSTING OF THIS SITE) WILL BE UNINTERRUPTED, FREE OF VIRUSES, ERRORS, HARMFUL COMPONENTS, OR OTHERWISE RELIABLE; OR (II) ANY DEFECTS OR ERRORS WITH THE SITE OR ANY INFORMATION ON THIS SITE WILL BE CORRECTED PROMPTLY OR AT ALL. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE OPERABILITY, RELIABILITY, AND PERFORMANCE OF THIS SITE.
D. WHILE WE WILL MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION AND CONTENT ON THIS SITE, YOU SHOULD NOT ASSUME THAT ANY CONTENT OR INFORMATION PROVIDED IS ALWAYS UP-TO-DATE, ACCURATE OR COMPLETE, OR THAT THIS SITE CONTAINS ALL OF THE RELEVANT INFORMATION AVAILABLE. WE MAKE NO REPRESENTATIONS, WARRANTIES OR ASSURANCES AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF THIS SITE, OR OF ANY CONTENT OR INFORMATION ON THIS SITE, AND WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY RELATED THERETO. YOUR USE OF, AND RELIANCE UPON, ANY CONTENT AND INFORMATION ON THIS SITE IS AT YOUR SOLE RISK.
8. Limitation of Liability. IN NO EVENT SHALL ARRAY, OR ANY OF ITS ENGINEERS, SCIENTISTS, Officers, MANAGERS, employees, consultants, contractors, agents OR affiliates (COLLECTIVELY, “ARRAY PARTIES”) BE LIABLE TO YOU FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND WHATSOEVER ARISING OUT OF, OR RELATING TO, DIRECTLY OR INDIRECTLY YOUR ACCESS, OR USE OF THIS SITE OR ANY OF THE CONTENT OR INFORMATION ON THIS SITE. THE FOREGOING EXCLUSION APPLIES WITHOUT LIMITATION TO ALL LIABILITY FOR LOST PROFITS AND ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE AND EVEN IF VDI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. General Provisions.
c. No waiver by us, and no failure by us to exercise any of our rights or remedies here under, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy here under, unless such waiver is set forth in a written instrument signed by an authorized officer of Array.