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Monday, May 31, 2010

Blog Disclaimer

No warranties

This blog is provided “as is” without any representations or warranties, express or implied. Marine Outfitters, Inc. makes no representations or warranties in relation to this blog or the information and materials provided on this blog.

Without prejudice to the generality of the foregoing paragraph, Marine Outfitters, Inc. does not warrant that:

- this blog will be constantly available, or available at all; or
- the information on this blog is complete, true, accurate or non-misleading.

Nothing on this blog constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

Marine Outfitters, Inc. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this blog:

- [to the extent that the blog is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Marine Outfitters, Inc. has been expressly advised of the potential loss.

Exceptions

Nothing in this blog disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this blog disclaimer will exclude or limit [John Toth and Maria Toth] liability in respect of any:

- fraud or fraudulent misrepresentation on the part of Marine Outfitters, Inc.; or
- matter which it would be illegal or unlawful for Marine Outfitters, Inc. to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this blog, you agree that the exclusions and limitations of liability set out in this blog disclaimer are reasonable.

If you do not think they are reasonable, you must not use this blog.

Other parties

[You accept that, as a limited liability entity, Marine Outfitters, Inc. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against [John Toth and Maria Toth] officers or employees in respect of any losses you suffer in connection with the blog.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this blog disclaimer will protect [John Toth and Maria Toth] officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Marine Outfitters, Inc..

Unenforceable provisions

If any provision of this blog disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this blog disclaimer.

This blog disclaimer
This blog disclaimer is based on a precedent created by template-contracts.co.uk and published by freenetlaw.com