Makitoo SAS rejects any form of guarantee for Makitoo Application Services and its contents. Makitoo SAS disclaims any liability with regard to the use of Makitoo Application Services and its contents. Makitoo SAS shall, in no event, be liable for any loss or damage due to a failure, mistake, interruption, computer virus, destruction, unauthorized access to Makitoo Application Services.
Use of the Application Services is at Makitoo User’s sole risk. The Application Services are provided on an “as is” and “as available” basis. Makitoo and its suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied indemnities and warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Makitoo does not guarantee the accuracy, completeness, or usefulness of the Application Services, and Makitoo User relies on the Application Services at its own risk. Any material that Makitoo User accesses or obtains through the Application Services, including Makitoo User content, is done at Makitoo User’s own discretion and risk and Makitoo User will be solely responsible for any damage to Makitoo User’s computer or loss of data that results from the download of any material through the Application Services. No advice or information, whether oral or written, obtained by Makitoo User from Makitoo SAS or through or from the Application Services will create any warranty not expressly stated in this agreement.
Makitoo SAS and its suppliers and licensors will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Makitoo SAS has been advised of the possibility of these damages), resulting from Makitoo User’s use of the Application Services. Under no circumstances will the total liability of Makitoo SAS and its suppliers and licensors of all kinds arising out of or related to Makitoo User’s use of the Application Services (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, negligence or otherwise, exceed the amounts, if any, that Makitoo User has paid to Makitoo SAS for Makitoo User’s use of the Application Services for the twelve (12) month period prior to the claim.
Makitoo User will defend, indemnify and hold harmless Makitoo SAS, its suppliers and licensors, and its respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns, from any costs, damages, expenses, and liability caused by Makitoo User’s use of the Application Services, Makitoo User’s violation of this Agreement, Makitoo User Content, or Makitoo User’s violation of any rights of a third party through use of the Application Services.