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PNKBULLSHT

02/23/13 9:10 AM

#13988 RE: PNKBULLSHT #13987

Itokk

13. NO WARRANTY. YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. ITOKK INC. DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND ITOKK INC. , DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS WITH RESPECT TO THE SERVICE, INFORMATION OR PRODUCTS AND NON-INFRINGEMENT. ITOKK INC. HAS THE RIGHT TO TAKE SOME OR ALL OF THE SERVICES OFFLINE AS NEEDED TO INSURE THE PROPER FUNCTIONING OF THE SYSTEM.

14. NOTWITHSTANDING ANYTHING TO THE CONTRARY, ITOKK INC. , AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, AGREEMENTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN AGREEMENT, TORT, OR OTHERWISE, EVEN IF ITOKK INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. IN NO EVENT WILL ITOKK INC. BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS PROVIDED ON THE WEBSITE. IN PARTICULAR, ITOKK INC. WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES, ITS WEBSITE OR THE INFORMATION OR DATA CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN AGREEMENT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. ITOKK INC. ITS AFFILIATES ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE SERVICE, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN AGREEMENT OR TORT, WILL NOT EXCEED ANY AMOUNTS ACTUALLY REALIZED BY ITOKK INC. (LESS ANY PAYMENTS TO YOU) DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH LIABILITY.


Ringtokk

13. NO WARRANTY. YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. RingTokk INC. DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND RingTokk INC. , DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS WITH RESPECT TO THE SERVICE, INFORMATION OR PRODUCTS AND NON-INFRINGEMENT. RingTokk INC. HAS THE RIGHT TO TAKE SOME OR ALL OF THE SERVICES OFFLINE AS NEEDED TO INSURE THE PROPER FUNCTIONING OF THE SYSTEM.

14. NOTWITHSTANDING ANYTHING TO THE CONTRARY, RingTokk INC. , AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, AGREEMENTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN AGREEMENT, TORT, OR OTHERWISE, EVEN IF RingTokk INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. IN NO EVENT WILL RingTokk INC. BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS PROVIDED ON THE WEBSITE. IN PARTICULAR, RingTokk INC. WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES, ITS WEBSITE OR THE INFORMATION OR DATA CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN AGREEMENT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
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barbeszoo

02/23/13 9:11 AM

#13989 RE: PNKBULLSHT #13987

Do you suppose Penstock was laughing when he said the two companies were not connected???