Disclaimer and Limit of Liability
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services
TO THE EXTENT ALLOWED UNDER LAW, MoveMyCheese.com AND ITS AFFILIATES (AND THOSE THAT MoveMyCheese.com WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
Limits of Legal Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS MoveMyCheese.com HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), MoveMyCheese.com AND ITS AFFILIATES (AND THOSE THAT MoveMyCheese.com WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES.
IN NO EVENT SHALL THE LIABILITY OF MoveMyCheese.com AND ITS AFFILIATES (AND THOSE THAT MoveMyCheese.com WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT FEE THAT YOU PAID FOR A SERVICE, IF ANY.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MoveMyCheese.com AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF MoveMyCheese.com OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Governing Law and Dispute Resolution
All disputes and differences arising out of, under or in connection with these terms and conditions or anything done hereunder shall be within the exclusive jurisdiction only to the courts of Bangalore, India. These terms and conditions are subject to and shall be construed in accordance with the laws prevalent in India.
In the event that any provision of these terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable provision. Other agreements may apply to specific products and services offered through the Site. The terms of the Client Agreement and any other agreements applicable to a specific product or service supersede these terms. We may change these terms at any time without notice, and any such change will be effective immediately. Section headings are for convenience only.
For Corporate sponsored Users of Services , the Terms signed with your employer will be applicable, in addition.
If we don't act to enforce a breach of this Contract, that does not mean that MoveMyCheese.com has waived its right to enforce this Contract.
You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that MoveMyCheese.com may assign this Contract to its aﬀiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10