you understand and agree that the zoneinradio service is provided on an "as is" and "as available" basis. zoneinradio makes no warranty that the zoneinradio service will meet your requirements, allow you to access any particular content, or that your use of the zoneinradio service will be uninterrupted, timely, secure, virus-free or error-free; nor does zoneinradio make any warranty as to the accuracy or reliability of any information obtained through the zoneinradio service (including your content and third party content), that any defects in the zoneinradio service will be corrected or that the software or zoneinradio service will be compatible with any other hardware or service. zoneinradio shall not be liable for any damages to, or viruses that may infect the zoneinradio service, the software, any devices you use to access the zoneinradio service, or other hardware. zoneinradio and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the zoneinradio service or the software, including any implied warranty of title, merchantability, fitness for a particular purpose, or non- infringement of third party rights.
you further understand that when using the zoneinradio service, you may be exposed to messages, user content, merchandise, third party advertising, and other content from a variety of sources, and that zoneinradio is not responsible for the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating thereto. you further understand and acknowledge that you may be exposed to messages, user content, merchandise, third party advertising, and other content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against zoneinradio with respect thereto. under no circumstances will zoneinradio be liable in any way for or in connection with any messages, user content, merchandise, third party advertising, and other content, including, but not limited to, for any inaccuracies, errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any of the foregoing accessible on or through the zoneinradio service.
you acknowledge that no officer, employee, representative, or agent of zoneinradio or any of its subsidiaries has any authority, express or implied, to make any representations, warranties or agreements not specifically set forth in these terms and subject to the limited remedies herein provided. you specifically disclaim that you are relying upon or have relied upon any such other representations, advice, or warranties, whether oral or written, that may have been made by an officer, employee, representative or agent of zoneinradio, through the zoneinradio service or by any person, and acknowledge and agree that zoneinradio has specifically disclaimed and does hereby specifically disclaim any such other representation, advice or warranty made by an officer, employee, representative or agent of zoneinradio, through the zoneinradio service or any person not expressly stated herein.
some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the limitations in this agreement may not apply to you. in such cases, you agree that because such warranty disclaimers and limitations of liability reflect a reasonable and fair allocation of risk between you and zoneinradio, and are fundamental elements of the basis of the bargain between you and zoneinradio in light of zoneinradio’s offering many of the functionalities of the zoneinradio service for free, zoneinradio’s liability will be limited to the maximum extent permitted by law. you understand and agree that zoneinradio would not be able to offer the zoneinradio service to you on an economically feasible basis without these limitations.