Eligibility. In order to participate in the 2019 Elephant Bar Bracket, you must be a Registered Member of the Elephant Bar Rewards Program (the Program), who is eighteen (18) years of age or older at the time of registration.
Disclaimer of Warranties.
THE ELEPHANT BAR BRACKET, INCLUDING WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SERVICE, ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW. BA BAR, LLC AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE BRACKET; (B) THE CONTENT MADE AVAILABLE TO YOU THROUGH THE BRACKET; (C) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE BRACKET; (D) THE ABILITY OF THE BRACKET TO WORK WITH ANY PARTICULAR CLIENT APPLICATION; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE BRACKET. BA BAR, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BRACKET OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE BRACKET OR THE SERVERS THAT MAKE THE BRACKET AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BA BAR, LLC DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE BRACKET IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE BRACKET, INCLUDING WITHOUT LIMITATION, ALL CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE BRACKET, INCLUDING, WITHOUT LIMITATION, ALL CONTENT. FURTHERMORE, BA BAR, LLC AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BA BAR, LLC AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE BRACKET INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL BA BAR, LLC AND ITS SUBSIDIARIES AND AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE BRACKET, EVEN IF FORESEEABLE, OR IF BA BAR, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BA BAR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10.00.
Indemnity.
You agree to defend, indemnify and hold harmless BA BAR, LLC and its subsidiaries and affiliates with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this, including without limitation, your use of the Bracket, and all content. Notwithstanding the foregoing, BA BAR, LLC retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against BA BAR, LLC herein under the terms and provisions of this agreement, and in no event shall you settle any such claim without BA BAR's prior written approval.