Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADVENTNET BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVENTNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ADVENTNET RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE. The exclusion or limitation of liability for consequential or incidental damages may not apply to you if your state does not permit such exclusion or limitation of liability.

Indemnification

You agree to indemnify and hold harmless AdventNet, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of these Terms of Service, or any other claim related to your use of the Services.

Arbitration

Any controversy or claim arising out of or relating to these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, AdventNet may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Termination

You agree that AdventNet may terminate your Member Account and access to the Services for reasons including, but not be limited to, breaches or violations of these Terms of Service or the Zoho Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your AdventNet Account includes elimination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Member Account as permitted or required by law.

END OF TERMS OF SERVICE

If you have any questions or concerns regarding this agreement, please contact us at legal@adventnet.com