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This Agreement contains the complete Terms and Conditions that apply to any school, school-related organization, or other entity's participation in the Furtal Media LLC's Furtal Program. 1. Definitions As used in this Agreement, the following terms shall have the following meanings: (1) "we", "us" and "our" means Furtal Media LLC. (2) "you" and "your" means the participating school , school-related organization or other entity. (3) "Website" means a World Wide Website. (4) "Furtal Website" means the World Wide Website that we create for you as part of the Furtal Program. (5) "Retailer" and "Retailers" means online retailer merchants, businesses or other entities that provide products or services through participation in the Furtal Program. (6) "Cash Back" means the advertising fees paid by Retailers to Furtal Media LLC for participation in the Retailers' affiliate programs. (7) "Offer" means the combination of "Cash Back" and any related conditions and requirements offered by Retailers for their individual affiliate programs. (8) "Adopt" or "Adopted" refers to the business relationship between a business and one or more schools, school-related-organizations or other participating entities, whereby the business pays the selected (adopted) entity or entities, a monthly fee for use of the entity's Furtal Website as an advertising platform. 2. Acceptance of Terms and Conditions The Furtal Program Agreement is an agreement between Furtal Media LLC and the participating school, school-related organization or other entity. Furtal Media LLC will create a Furtal Website for you that provides the opportunity for you to share revenue earned: - from Cash Back paid to Furtal Media LLC for qualifying purchases made through Retailers on your Furtal Website - from monthly advertising fees paid by businesses that have "Adopted" your Furtal Website The set of activities noted in the preceding paragraph and any related activities are called "The Furtal Service" BY USING THE FURTAL SERVICE, YOU AGREE YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THIS WEBSITE. THESE TERMS AND CONDITIONS MAY BE MODIFIED, CHANGED OR ALTERED BY US AT ANY TIME WITHOUT PRIOR NOTICE. IN AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE RESPONSIBLE FOR PERIODICALLY CHECKING FOR CHANGES AND/OR UPDATES TO THESE TERMS OF USE. DESPITE THE PRECEDING SENTENCE, WE WILL MAKE AN EFFORT TO NOTIFY YOU OF ANY CHANGES BY POSTING NOTICE OF SUCH CHANGES ON THE WEBSITE. YOUR CONTINUED ACCESS OF THE WEBSITE, AFTER SUCH CHANGES ARE MADE, CONCLUSIVELY DEMONSTRATES YOUR ACCEPTANCE OF SUCH CHANGES. This Agreement in no way represents a legal partnership or any other relationship that provides either party the right to represent the other party in any way. 3. Obligations of Furtal Media LLC 3.1 We will create, maintain and host your Furtal Website on servers and at a location of our sole discretion. This Website will have a URL that includes the name or other identifying characteristics of the participating school, school related organization, or other entity. This Website will be known as your Furtal Website. Example: http://www.furtal.com/entity/yourentityname 3.2 Your Furtal Website is the sole property and responsibility of Furtal Media LLC. You shall not have any ownership in your Furtal Website. 3.3 The Furtal Program offers online shoppers the opportunity to access your designated Furtal Website via the Internet and participate in the Furtal Program. The Furtal Program offers a portal to Retailer's Websites, along with a variety of promotions from Retailers, where you may earn a portion of the Cash Back provided by Retailers. When online shoppers start their online shopping session at your Furtal Website and link to our Retailers to make purchases, you will receive a percentage of the purchase price of the products and/or services, and other promotional incentives, subject to the individual Retailer's Offer. Online Offers are applied to the purchase price only. Tax and shipping costs are not eligible for awards. Retailers and the Offers they make on your Furtal Website are outside Furtal Media LLC's control and are therefore subject to change without prior notice even to Furtal media LLC. 3.4 We make no warranties and we expressly disclaim any responsibility for any and all transactions between the online shoppers and the Retailers accessed through your Furtal Website. The fulfillment of any orders or transactions between these online shoppers and the Retailers is strictly between the Retailer and the shopper; exactly as it is if a Furtal Website was not involved in the transaction. Each shopper is responsible for examining each Retailer's Website for any terms and conditions related to their purchase. This includes any payment terms, shipping, delivery, taxes, warranties, return policies, etc. 3.5 We will provide you, as the participating school, school-related organization, or other entity, with the compensation detailed in this section, for your participation in the Furtal Program. Any compensation paid to you will be a direct result of the Cash Back earned through purchases from Furtal's Retailers and the promotional Offers they make. These Retailers offer many different compensation programs. We are not responsible for the specific terms and conditions, or requirements, of these Offers. The Retailers may change or discontinue their Offers at any time, and we will only be responsible for paying you when your Furtal Website has earned the minimum Cash Back and we have been paid for this earned Cash Back by the Retailers. Any compensation due to you from activities on your Furtal Website will be distributed to you in the manner described in the paragraphs below. As we are solely responsible for establishing the program relationships with the Retailers on your Furtal Website, we will be the sole recipient of 100% of any and all Cash Back, referral fees or other compensation derived from the Retailers on your Furtal Website. As with the Cash Back received by Furtal Media LLC from Retailers, the actual Cash Back percentages paid to individual schools, school-related organizations, and other entities vary based on a number of factors, some of which are outside Furtal Media LLC's control. The most significant variant is related to the fact many Retailers determine their revenue sharing percentages based on both 1) the type of item or service purchased, and 2) the level of business conducted through any participating Website, i.e., the more business Furtal Media Websites do with individual Retailers, the greater the percentage* of the purchase price that is provided as Cash Back; benefiting both you and us. Therefore, the more your supporters participate, the greater the probability you will receive larger Cash Back percentages for each purchase made. *These business volume benefits are not linear, have caps, and vary from Retailer to Retailer Due to this complex nature of revenue sharing provided to any individual school, school-related organization or other entity, as noted above, Furtal Media has elected to avoid listing a necessarily dynamic, complex matrix of revenue sharing percentages in these Terms and Conditions. It would be a matrix few participants would know where to find or care to take the time to read. Instead, Furtal Media has elected to display this valuable information as a range of Cash Back percentages** listed in each online Retailer's logo box on the Shop Online page. In addition to making this information as transparent and easy to find as possible for schools, school-related organizations and other entities, this method assists Furtal supporters who might make Retailer selections based on Cash Back benefits for their favorite school, school-related organization or other entity. **These Cash Back percentages represent the typical amounts each school, school-related organization and other organizations will receive for each purchase made by a supporter or other Furtal Website users. Exact amounts cannot be assured for every Retailer. The Shop Local benefits are less dynamic and have less variation than the Shop Online benefits. Therefore, we can commit to a general Cash Back percentage statement, which is: The majority of individual furtals receive between 40%-50% of Adopt-a-Furtal monthly fees. Monthly fees themselves may vary based on both furtal types and geographic location. Specifics on any individual Furtal Website, at any point in time, can be obtained by contacting Furtal Media' Support Team at info@furtalmedia.com. Note: If a representative of your school, school-related organization, or other entity has entered into an agreement with Furtal Media LLC, the terms of that agreement will supersede any conflicting compensation or reporting terms stated in these Terms and Conditions. 3.6 Only qualifying purchases on your Furtal Website, consistent with the Retailers' Offer, will generate Cash Back. An online shopper using your Furtal Website must follow certain guidelines to generate Cash Back from their online purchases. The online shopper must: a) Open your Furtal Website on a browser. b) Enter a Retailer's Website only through the Retailer links provided on your Furtal Website *** c) Complete their transaction(s) within any active session generated by step "b" above d) Purchase items NOT specifically excluded by the Participating Retailer for Cash Back benefits, as identified in the Retailer exclusions on their Website. *** If shoppers make online purchases at Retailers by going directly to the Retailer's Website rather than going through a Furtal Website, no Cash Back will be generated, and neither we nor you will benefit financially. Cash Back benefits generally apply ONLY to the purchase price, and do NOT include taxes, shipping or other fees. 3.7 Earned Cash Back will be distributed directly to you on a monthly basis and will be mailed or transferred to you no later than the 15th day of the month following the month Furtal Media LLC receives payment for earned Cash Back. Retailers typically take from 30 to 90 days after the transaction date to process your Cash Back, and only then will your Furtal Website have "earned" the Cash Back. Payments to you will include only the Cash Back compensation that has been earned through your Furtal Website, and has been received by us from the Retailers. We will provide you with an online earnings statement detailing daily site activity and revenue generated from each participating Retailer. If a Retailer goes bankrupt, or for any other reason defaults on payment of award from online shoppers' use of your Furtal, and Furtal Media LLC has not been forwarded pending "earned" Cash Back, you will not receive your portion of Cash Back for those transactions. You must earn a minimum of $25.00 Cash Back from the use of your Furtal Website to receive a payment. Earnings under $25.00 will be carried over until the $25.00 minimum is reached. Once the minimum has been reached, a check for the full Cash Back amount earned will be sent to you at the next monthly disbursement period. 3.8 All returns of products and services must be made through the Retailer. Furtal Media LLC is not responsible for any complaints or returns, and all questions about purchases or returns should be directed to the Retailer in exactly the same manner as would be done had anyone accessed the Retailer directly, without going through your Furtal. All returns will be the purchase price less the cash received on the purchase from your Furtal. Any monies previously earned on returned merchandise will be debited from your Furtal Website account and will be reflected in the next month's Furtal Website cash payment. You will receive no further Furtal cash payments until your Furtal Website account has a positive balance that meets the $25 payout minimum. 3.9 We will NOT operate a Furtal Website that does any of the following: - Promotes sexually explicit material - Promotes violence or hate toward any persons or groups - Promotes illegal activities - Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age is in any other way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable - Promotes or participates in Spam email campaigns This list is not comprehensive and we reserve the right, in our sole discretion, to 1) reject, refuse to post, or remove any content posted by you, or to 2) restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to remove your profile and/or restrict, suspend, or terminate your access to the Website if we determine, in our sole discretion, that you pose a data processing, internet virus or cyber threat to the Website and/or its users. If you are 17 years old or younger, you are not authorized to register or submit any content or information to this Website without the explicit consent of your parent or legal guardian. If you live in a state where consent of a parent or guardian is required if you are under the age of 21, you may be required by us to secure such consent prior to your registration with the Website. 4. Obligation of the participating school, school-related organization, or other entity 4.1 You agree to allow us to create your Furtal Website as described herein. 4.2 You agree, in your sole discretion, to participate in promotional activities for your Furtal Website. 4.3 You agree to allow us to use your school, school-related organization, or other entity's name and related logos, etc., on your Furtal Website, where permitted. The determination of related logos, etc., is at your sole discretion and you may change the specific content being used at any time. 4.4 You agree to adhere to any laws, restrictions, regulations or other guidelines that may apply to your specific school, school-related organization, or other entity, and if such prohibit you from participating in the Furtal Program you will notify us immediately and this agreement will become null and void. 4.5 You agree you will be responsible for all content (text and images) you add to your Furtal Website through your assigned Admin Panel , or any content management system provided for your use by Furtal Media LLC. 5. Term 5.1 These Terms and Conditions shall remain in full force and effect while you use the Website and/or maintain an account with us. You may terminate your membership at any time, for any reason. We may terminate your membership at any time, without warning. In the event your membership is terminated, you continue to remain bound by these Terms and Conditions to the extent you continue to access the Website in any capacity. 5.2 Upon termination for any reason, we will only be responsible for the obligations contained herein through the period of time the agreement was in effect. 6. Disclaimers We are not liable for any issues, including consumer and/or legal issues, associated with the merchandise purchased through the Furtal Program. To the fullest extent permitted by law, neither we nor any of our affiliates makes any express or implied warranties or representations with respect to the Furtal Program or any products sold through the Furtal Program (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing, or trade usage), and the same are hereby excluded. In addition, neither we, nor any of our affiliates, make any representation that the operation of our Website will be uninterrupted or error-free and none of us will be liable for the consequences of any interruptions or errors. WE DO NOT GUARANTEE THAT ANY CONTENT, SERVICE OR FEATURE OF THE FURTAL PROGRAM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR YOUR PARTICIPATION WILL PROVIDE SPECIFIC RESULTS. THE FURTAL PROGRAM IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON FURTAL IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA DOWNLOADED FROM FURTAL WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR SOLE REMEDY AGAINST US FOR UNREDRESSED DISSATISFACTION WITH FURTAL IS TO STOP USING FURTAL. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE FURTAL PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. This Agreement contains the complete terms and conditions that apply to any school’s or entity's participation in the 4Suns LLC dba Furtal “Furtal Program”. 1. Definitions As used in this Agreement, the following terms shall have the following meanings: * (1) "we", "us", and "our" means 4Suns LLC dba Furtal * (2) "you" and "your" means the participating school or entity. * (3) “Web site” means a World Wide Web site. * (4) “Furtal Site” means the World Wide Web site that we create for you as part of the Furtal Program. * (5) “Retailers” or “Participating Retailers” means companies or organizations that are participating in the Furtal Program. * (6) “Offer” means the cash back percentage and all related conditions and requirements offered by online merchants for their individual affiliate program. 2. Acceptance of Terms and Conditions The Furtal Program Agreement is an agreement between 4Suns LLC dba Furtal, with its principal place of business located at 38045 Witcher Gateway Extension, Cottage Grove, OR, and the participating school or entity (you). 4Suns LLC dba Furtal will create a Web site for you that provides the opportunity for you to earn cash back on qualifying purchases made through Participating Retailers on your Furtal Site (the “Service”). The Service is provided to you pursuant to the Terms and Conditions of the Furtal Program Agreement, and any operating rules or policies that may be published and/or amended from time to time by 4Suns LLC dba Furtal. BY USING THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. This Agreement in no way represents a legal partnership or any other relationship that provides either party the right to represent the other party in any way. 3. Obligations of 4Suns LLC dba Furtal 3.a We will create, maintain and host your Furtal Site on servers and at a location of our sole discretion. This Web site will have a URL that includes the name or other identifying characteristics of the participating school or entity. This Web site will be known as your “Furtal Site”. Example: http://www.furtal.com/school/yourschoolname 3.b Your “Furtal Site” is the sole property and responsibility of 4Suns, LLC dba Furtal. You shall not have any ownership in your Furtal Site. 3.c The Furtal Program offers the opportunity for online shoppers to access your Furtal Site via the Internet at the Web site designated as your Furtal Site, and participate in the Furtal Program. The Furtal Program offers a portal to Participating Retailers Web sites along with a variety of promotions from Participating Retailers to earn cash back for you. When online shoppers at your Furtal Site make purchases, you will receive a percentage of the purchase price of the products and/or services, and other promotional cash back rewards, subject to the individual Participating Retailer Offer. Online Offers are applied to the purchase price only. Tax and shipping costs are not eligible for awards. Details of Participating Retailers can be found under their Affiliate program sections. Participating Retailers and the offers they make on your Furtal Site are outside 4Suns LLC dba Furtal’s control and are therefore subject to change without prior notice. 3.d We make no warranties and we expressly disclaim any responsibility for any and all transactions between the online shoppers at your Furtal Site and the Participating Retailers. The fulfillment of any orders or transactions between these online shoppers and the Participating Retailers is strictly between the Retailer and the shopper. Each shopper is responsible for examining each Retailer’s Web site for any terms and conditions related to their purchase. This includes any payment terms, shipping, delivery, taxes, warranties, return policies, etc. 3.e We will provide the participating school or entity (you) with the following compensation for your participation in the Furtal Program: Any compensation paid to you will be a direct result of the cash back earned through purchases from your Furtal’s Participating Retailers and the promotional offers they make. These Participating Retailers offer many different commission and referral fee plans. We are not responsible for the specific terms and conditions or requirements of the offers and the specific cash back they earn. The Participating Retailers may change or discontinue these offers at any time and we will only be responsible for paying you when your Furtal Site has earned cash back and we have been paid by the Participating Retailers. Any compensation due to you from activities on your Furtal site will be distributed to you in the following manner: We will be solely responsible for establishing the promotional programs with the Participating Retailers on your Furtal site and we will be the sole recipient of 100% of any commissions, referral fees or other compensation derived from the cash back programs from Participating Retailers on your Furtal site. We will compensate you by taking 100% of the cash back program compensation received from Participating Retailers on your Furtal Site and distributing it to you in the following manner. *As a NON-PTA organization in NC, you will ONLY receive 35% of the compensation received from the cash back programs from Retailers on your Furtal site. 3.f Only qualifying purchases on your Furtal site consistent with the Participating Retailers’ Offer will generate cash back income. An online shopper using your Furtal Site must follow certain guidelines to earn you cash back from their online purchases. The online shopper must: 1. Open your Furtal Site on any browser; 2. * Enter a Participating Retailer's Web site only through Retailer links on your Furtal Site; 3. Complete their transaction(s) within any session generated by clicking a valid Retailer link on your Furtal Site; and 4. Purchase items NOT specifically excluded by the Participating Retailer, as identified in the Retailer exclusions on their Web site. * If shoppers make online purchases at Participating Retailers by going directly to the Retailer's Web site rather than going through your Furtal Site, you will not earn any cash back from your Furtal site. Cash back Offers generally apply ONLY to the purchase price, and do NOT include taxes, shipping or other fees. 3.g Earned cash back payments will be distributed to you on a monthly basis and will be mailed or transferred to you no later than the 15th of the following month for which you are participating in the Furtal Program. Participating Retailers typically take from 30 to 90 days after the transaction date to recognize your cash back, and only then will your Furtal Site have earned the cash back. Payments to you will include only compensation that has been earned through your Furtal site and has been received by us from the Participating Retailers. We will provide you with a report detailing your earned cash back and payments from each participating Retailer. If a Participating Retailer goes bankrupt or for any other reason defaults on payment of cash back from online shoppers’ use of your Furtal, you will not receive any cash for those transactions. You must earn a minimum of $25.00 from the use of your Furtal Site to receive a payment. Earnings under $25.00 will be carried over until the $25.00 minimum is reached, after which time the payment will be sent to you. 3.h All returns of products and services must be made through the Participating Retailer. 4Suns LLC dba Furtal is not responsible for any complaints or returns, and all questions about purchases or returns should be directed to the Retailer. All returns will be the purchase price less the cash received on the purchase from your Furtal. Any cash earned on returned merchandise will be debited from your Furtal Site account and will be reflected in the next month's Furtal Site cash payment. You will receive no further Furtal cash payments until your Furtal account has a positive balance and meets the $25 payout threshold. 3.i We will not operate a Furtal Site that includes any of the following: * Promotes sexually explicit material; * Promotes violence or hate toward any persons or groups; * Promotes illegal activities; * Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; * Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable * Promotes or participates in “Spam” email campaigns. 3.j We will include the following disclaimer on your Furtal site. “This web site is not owned or operated by the participating Schools. Neither the participating Schools, nor the participating School District necessarily endorses any of the statements, messages, products or services mentioned in or linked to this web site”. 4. Obligation of the participating School or Entity 4.a You agree to allow us to create your Furtal Site as described herein. 4.b You agree, at your sole discretion, to participate in promotional activities for your Furtal Site. 4.c You agree to allow us to use your School or organization’s name and related logos, etc., on your Furtal Site. The determination of related logos, etc., is at your sole discretion and you may change the specific content being used at any time. 4.d You agree to adhere to any laws, restrictions, regulations or other guidelines that may apply to your specific school or organization, and if such prohibit you from participating in the Furtal Program you will notify us immediately and this agreement will become null and void. 5. Term and Termination 5.a The term of this agreement shall be for a period of three years from the date this agreement is executed. 5.b After a period of three years, this agreement will continue in subsequent one year terms unless either party terminates the agreement. 5.c Either party may terminate this agreement without penalty at any time if either party is in violation of any part of this agreement. 5.d Either party may terminate this agreement for any reason, without cause and without penalty, by giving the other party a 30 day notice in writing of their intent to terminate. 5.e To ensure each school or entity continues to receive the greatest benefits available, if you consider termination of this agreement based on any competitive service offer, we will be allowed 30 days to respond with revised compensation terms. 5.f Upon termination for any reason, we will only be responsible for the obligations contained herein through the period of time the agreement was in effect. Once terminated, neither party will have any obligation to the other party, except as contained herein. 6. Exclusivity You agree that we will be the exclusive provider of the services and programs described herein and that you will nether independently provide, nor contract with another party to provide services, products or programs of the nature described and defined herein, for the term of this agreement. 7. Indemnification 4Suns LLC dba Furtal shall defend, indemnify and hold you and your directors, officers, employees and agents harmless from and against any and all third party claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) to the extent arising out of or related to any actual or alleged breach of this Agreement and against any claims of customers or other third parties against you and your officers, directors, employees and agents arising from or connected with any of the content or activities of our Web site or related business, including without limitation any infringement of any copyright, trademark or other intellectual property right of any third party. 8. Disclaimers We are not liable for issues associated with the merchandise purchased through the Furtal Program. To the fullest extent permitted by law, neither we nor any of our affiliates makes any express or implied warranties or representations with respect to the Furtal Program or any products sold through the Furtal Program (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing, or trade usage), and the same are hereby excluded. In addition, neither we, nor any of our affiliates, make any representation that the operation of our Web site will be uninterrupted or error-free and none of us will be liable for the consequences of any interruptions or errors. WE DO NOT GUARANTEE THAT ANY CONTENT, SERVICE OR FEATURE OF THE FURTAL PROGRAM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR YOUR PARTICIPATION WILL PROVIDE SPECIFIC RESULTS. THE FURTAL PROGRAM IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON FURTAL IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA DOWNLOADED FROM FURTAL WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR SOLE REMEDY AGAINST US FOR UNREDRESSED DISSATISFACTION WITH FURTAL IS TO STOP USING FURTAL. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE FURTAL PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.