10. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY.<\/strong><\/h3>\n\n\n\nYOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OUR PRODUCTS IS AT YOUR SOLE RISK, AND OUR PRODUCTS ARE PROVIDED \u201cAS IS\u201d AND \u201cAS AVAILABLE\u201d AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SECURITY, QUALITY, PRODUCTIVENESS OR CAPACITY, OR THAT THE OPERATION OF THE SOFTWARE INCLUDED WITHIN THE PRODUCTS WILL BE ERROR FREE. ALL OTHER WARRANTIES RELATING TO THE PRODUCTS OR THIS AGREEMENT ARE HEREBY EXPRESSLY DISCLAIMED BY HATS & LADDERS. HATS & LADDERS MAKES NO WARRANTY OR REPRESENTATION THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR (C) ANY ERRORS IN THE PRODUCTS WILL BE CORRECTED.<\/p>\n\n\n\n
In connection with using our Products, we may provide links to third party websites and apps as a convenience to you, including the websites of third party providers that offer activities in connection with our Products or that create Content that may be accessed through our Products (\u201cProviders\u201d). You may purchase other products and\/or services from and\/or participate in promotions of Providers or other third parties. WE ARE NOT AFFILIATED WITH ANY PROVIDERS AND WE ARE NOT ACTING AS THEIR AGENT OR REPRESENTATIVE. WE MAKE NO REPRESENTATIONS AS TO ANY THIRD PARTIES, THEIR WEBSITES, THEIR APPS, PRODUCTS, SERVICES, AND\/OR PROMOTIONS, AND IN NO EVENT WILL HATS & LADDERS HAVE ANY LIABILITY WHATSOEVER IN CONNECTION THEREWITH.<\/p>\n\n\n\n
If you chose to register for and\/or participate in an activity that you accessed through Hats & Ladders, you are dealing directly with the Provider responsible for the activity, not with Hats & Ladders. Everything related to the Provider and the activity is solely between you and that Provider. Hats & Ladders is not a party to such interactions, even if Hats & Ladders has received compensation related to such interactions.<\/p>\n\n\n\n
IN ADDITION, WE DISCLAIM ALL RESPONSIBILITY FOR ANY INFORMATION OR OTHER CONTENT CREATED OR PROVIDED BY ANY THIRD PARTY, INCLUDING ACTIVITY PROVIDERS AND OTHER HATS & LADDERS USERS. WE DO NOT GUARANTEE THAT SUCH CONTENT IS AVAILABLE, ACCURATE, OR SAFE. WE DO NOT VERIFY SUCH CONTENT AND IT MAY CONTAIN INACCURACIES OR FALSE INFORMATION. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH CONTENT, INCLUDING ANY FEEDBACK, COMMENTARY, RATINGS, PHOTOGRAPHS, OR ANY OTHER INFORMATION OF ANY KIND CREATED OR TRANSMITTED BY ANY THIRD PARTY. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM YOU MIGHT HAVE (ON YOUR BEHALF OR ON BEHALF OF ANY OTHER PERSON) AGAINST HATS & LADDERS WITH RESPECT TO ALL THIRD PARTIES, THEIR CONTENT, ACTIVITIES, WEBSITES, AND APPS.<\/p>\n\n\n\n
If you have concerns or questions about content that you accessed through Hats & Ladders, please email us at info@hatsandladders.com.<\/p>\n\n\n\n
IN NO EVENT WILL HATS & LADDERS, ITS DEVELOPERS, OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF ANTICIPATED BENEFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF OR DAMAGE TO DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR AS A RESULT OF THIS AGREEMENT, THE USE OF OR INABILITY TO USE THE PRODUCTS OR THE PROVISION OF SERVICES, EVEN IF HATS & LADDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HATS & LADDERS\u2019, ITS DEVELOPERS\u2019 OR SUPPLIERS\u2019 ENTIRE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THIS AGREEMENT EXCEED THE GREATER OF TWENTY FIVE DOLLARS ($25) OR THE AMOUNT YOU ACTUALLY PAID HATS & LADDERS IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY. THE FOREGOING LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.<\/p>\n\n\n\n
11. MISCELLANEOUS.<\/strong><\/h3>\n\n\n\nForce Majeure<\/strong>. Hats & Ladders shall not be liable for any delay or failure to perform any obligation hereunder due to causes beyond its control, including without limitation, war, riot, insurrection, civil commotion, terrorist activity, fire, industrial disputes of whatever nature, acts of nature, computer crimes, epidemics, acts or omissions of third party vendors or suppliers, equipment failures, public enemies of government, failure of telecommunications, system malfunctions, fire, or other casualty.<\/p>\n\n\n\nWaiver and Severability<\/strong>. Waiver by Hats & Ladders of any default or breach by you of any provision contained in this Agreement does not constitute a waiver of any subsequent default or breach of the same or any other provision of this Agreement. If any part of this Agreement shall be held invalid, illegal, in conflict with any law, or otherwise unenforceable by a court of competent jurisdiction, the remainder of this Agreement will nevertheless remain in full force and effect.<\/p>\n\n\n\nNo Third Party Beneficiaries<\/strong>. Neither you nor Hats & Ladders intends to confer any right or remedy on any third party.<\/p>\n\n\n\nEntire Agreement<\/strong>. Except where you or your institution have entered into a specific agreement with Hats & Ladders and\/or for particular Products, this Agreement and our Privacy Policy contains the entire understanding are the entire and exclusive agreement between Hats & Ladders and you regarding the subject matter of this Agreement and this Agreement supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between Hats & Ladders and you with respect to the subject matter of this Agreement.<\/p>\n\n\n\nAssignment<\/strong>. You may not assign this Agreement to any third party without the prior written consent of the Hats & Ladders. Any such purported assignment shall be null and void. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, and permitted assigns, if any. Hats & Ladders may assign its rights and obligations under this Agreement to a third party without your consent.<\/p>\n\n\n\nControlling Law and Venue<\/strong>. This Agreement shall be construed and controlled by the laws of the State of New York, U.S.A., without giving effect to principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed and shall not apply to this Agreement. Courts located in New York, New York shall be the exclusive forum for any litigation arising out of this Agreement. You waive any objections to venue, personal jurisdiction, or forum non conveniens.<\/p>\n","protected":false},"excerpt":{"rendered":"Hats & Ladders Terms of Use (November 19, 2021) These Terms of Use went into effect on the above date. PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use (\u201cAgreement\u201d) govern your use of our Hats & Ladders website, software, products, and\/or services (collectively, \u201cProducts\u201d) and any information or content appearing on or […]<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-65","page","type-page","status-publish","hentry"],"yoast_head":"\n
Terms of Use - Hats & Ladders<\/title>\n \n \n \n \n \n \n \n \n \n \n \n \n \n\t \n