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Terms of Use & User Agreement

Last Updated: 11/23/18

Section 4: Limitation of Liability

You agree to hold us and our affiliates harmless from all information provided in any and all programming, prerecorded or live, and in any and all Content and Materials we provide.
You agree that use of this site is at your sole risk. The information, products and services offered on or through the site, including, without limitation, our content, our materials, and any third-party sites linked to this site are provided as is,” “as available” and with “all faults” and without warranties of any kind either express or implied to the fullest extent permissible under applicable law. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and warranties of non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions and limitations may or may not apply to you. We do not warrant that the site or any of its functions, including, without limitation, our content, our materials, and all other services, will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, our content, materials, or our other content and any other services or the servers that make it available, are free of viruses, interference, hacking, other security intrusions, damage, or other harmful components. The information and services may contain bugs, errors, problems or other defects. We and our affiliates have no liability whatsoever for your use of or inability to use this site or any information or services. We do not warrant or make any representations regarding the use or the results of the use of the site or materials or services on this site, including our content, our materials, and any other services, or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. In addition, the maximum aggregate liability of food for theta and/or our affiliates arising in connection with these terms of use and your use of the site shall not exceed one hundred dollars ($100.00) Or the amount you have paid to us for a single product or service.
Under no circumstances, including, but not limited to, negligence, will we or our affiliates be liable for damages of any kind or nature whether direct, indirect, incidental, special or consequential or otherwise (including without limitation, damages for loss of business, loss of profits, litigation, or the like) whether based on breach of contract, breach of warranty, tort, product liability or other claim) that result from the use of, or the inability to use food for theta including its associated content, materials, products, or services, or third-party materials, products, or services made available through this site, even if we are advised beforehand of the possibility of such damages. The disclaimer and limitation of liability and damages set forth herein are fundamental to the basis of the arrangement between food for theta and you. This site, our content, and our materials would not be available to you without such disclaimers and limitation of liability and damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our affiliates, is limited to the fullest extent permitted by such state laws.) We are not responsible or liable for any damages caused by viruses contained within any materials on or related to our site. You specifically acknowledge and agree that we are not liable for offensive, harassing, infringing or illegal conduct of any user. If you are dissatisfied with the site, or any content, materials, products, or services on the site, or with any of the site’s terms and conditions, the sole and exclusive remedy available to you is to stop using the site.
In connection with the releases contained in our Terms of Use, you hereby waive California Civil Code Section 1542 (and any similar application provision under any other state law) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

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