No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy
of the Site, Federal Logistic Services, named FLS hereafter, makes no
warranty, express or implied concerning FLS Content, the Site,
software or products or services available through the Site (the "Site
Services"), which are provided "as is". FLS expressly
disclaims all warranties, including but not limited to warranties of
fitness for a particular purpose and warranties of merchantability. In no
event will FLS, its affiliates or other suppliers be liable for direct,
special, incidental, or consequential damages (including, without
limitation, damages for loss of business profits, business interruption,
loss of business information or other pecuniary loss) arising directly or
indirectly from the use of (or failure to use) or reliance on the Site
Services, even if FLS has been advised of the possibility that such
damages may arise. FLS does not guarantee the accuracy, content, or
timeliness of the Site Services or that they or related systems are year
2000 compliant or free from viruses or other contaminating or destructive
properties.
In no event will any liability of FLS, its branch offices, affiliates,
agents and licensors to you (and/or any third party) arising out of any
kind of legal claim (whether in contract, tort, or otherwise) in any way
connected with the Site Services or breach of these Terms by FLS
exceed the amount, if any, paid by you to FLS in respect of the
particular Site Service to which the claim relates.
Upon FLS' request, you agree to defend, indemnify and hold
harmless FLS from any claims and expenses, including reasonable
legal fees, related to any breach of these Terms by you or your use of any
Site Services.
Force Majeure
FLS, its affiliates and its information providers will not be liable or
deemed to be in default for any delay or failure in performance or
interruption of the delivery of FLS Content resulting directly or
indirectly from any cause or circumstance beyond its or their reasonable
control, including but not limited to failure of electronic or mechanical
equipment or communication lines, telephone or other interconnect problems,
computer viruses, unauthorized access, theft, operator errors, severe
weather, earthquakes or natural disasters, strikes or other labor problems,
wars, or governmental restrictions.