YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Your use of the service is at your sole risk. The service is provided on an "as
is" and "as available" basis. Beatroot and/or its respective suppliers expressly disclaim
all warranties of any kind whether express or implied including without limitation,
any representation or warranty for accuracy, continuity, uninterrupted access, timeliness,
sequence, quality, performance, merchantability, and fitness for any particular
purpose, non-infringement or completeness. Specifically, Beatroot disclaims any and
all warranties including, but not limited to any warranties concerning the availability,
accuracy, usefulness, correctness or completeness of information, and any warranties
of title, warranty of non-infringement, freedom from computer virus, warranties
of merchantability or fitness for a particular purpose, other than those warranties
which are incapable of exclusion, restriction or modification under the laws applicable
to the TOS.
Beatroot does not warrant or makes any representations regarding the use or the results
of the Service in terms of its compatibility, correctness, accuracy, reliability
or otherwise. You assume total responsibility and risk for your access and use of
Any material downloaded or otherwise obtained through the use of the service is
done at your own discretion and risk and that you will be solely responsible for
any damage to your computer system or loss of data that results from the download
of any such material.
No advice or information, whether oral or written, obtained by you from Beatroot or
through or from the service shall create any warranty not expressly stated in the
Although Beatroot adopts security measures it considers appropriate for the offer
of this Service, it does not assure or guarantee that no person will overcome or
subvert the security measures and gain unauthorized access to the Service or any
Member Accounts. Beatroot shall not be responsible or liable if any unauthorized person
hacks into or gains access to the Service or to your accounts; and you shall be
liable and responsible for the same.
This disclaimer of liability applies also to any injury or damage caused by any
failure of performance, delay in processing or transmission, error, omission, interruption,
deletion, defect, computer virus, communication line failure, unauthorized access
to, alteration of, or use of record, whether for breach of contract, negligence,
or under any other cause of action.
Beatroot shall not be responsible for unauthorized access to or alteration of your
transmissions or data, any material or data sent or received, or not sent or not
received, or any transactions entered into through the service. You specifically
agree that Beatroot is not responsible for any content, data, and information sent
using or included in the Service by any third party.
LIMITATION OF LIABILITY:
You expressly understand and agree that Beatroot shall not be liable for any direct,
indirect, punitive, incidental, special, consequential damages or any damages whatsoever,
including but not limited to, damages for loss of profits, goodwill, use, data or
other intangible losses resulting from: (i) the use or performance of the service
or the inability to use or non performance of the service; (ii) the provision of
or failure to provide services (iii) the cost of procurement of substitute goods
and services resulting from any goods, data, information or services purchased or
obtained or messages received or transactions entered into through or from the service;
(iv) unauthorized access or alteration of your transmissions of data; (v) statements
or conduct of any third party of the service; or (vi) any other matter relating
to the service; whether based on contract, tort, negligence, strict liability or
otherwise, even if Beatroot has been advised of the possibility of damages.
To the extent possible, the disclaimers, limitations on liability and indemnities
available to Beatroot under the TOS shall extend, mutatis mutandis, to the affiliates
and partners of Beatroot and their respective directors, officers, employees, agents,
successors, assigns, involved in providing, delivering or managing the Service (or
any part thereof). However this clause shall not protect the aforesaid affiliates/partners
or extend to their obligations and liability to Beatroot or Beatroot' claims against
If you are dissatisfied with any portion of the service, or with any of these terms
of use, your sole and exclusive remedy is to discontinue using the service and its
related web sites.
You agree to indemnify and hold Beatroot, its parents, subsidiaries, affiliates, officers,
agents, co branders or other partners and employees, harmless from any claim, demand,
or damage, including reasonable attorneys' fees, asserted by any third party due
to or arising out of your use of or conduct on the Service.