The data and information contained in this web site is believed to be accurate, but may contain inaccuracies and typographical errors. New Eagle sites are provided “as is” without any representations or warranties of any kind or condition, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, and non-infringement. New Eagle does not warrant that the functions contained in this site will be uninterrupted or error-free, that defects will be corrected or that this site, or the server that makes it available, are free of viruses or other harmful components. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action. You specifically acknowledge that New Eagle is not liable for the defamatory, offensive or illegal conduct of other subscribers or third parties and that the risk of injury from the foregoing rests entirely with you. Except as otherwise limited by applicable law, in no event will New Eagle, or any person or entity involved in creating, producing or distributing New Eagle software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the New Eagle software or site. You hereby acknowledge that the provisions of this section shall apply to all content on the site.
LIMITATION OF DAMAGES
In no event shall New Eagle be liable for any damages of any kind whatsoever, including any special, indirect or consequential damages, relating to the use of this site except as otherwise limited by applicable law. New Eagle recommends only those applications for its products that are specified on its website or in other company literature, and hereby disclaims any liability for uses other than those specified. The products are warranted, if at all, only according to their terms and conditions of sale. You specifically acknowledge and agree that New Eagle is not liable for any defamatory, anticompetitive, offensive or illegal conduct of any user. If you are dissatisfied with any New Eagle material, or with any of New Eagle’s terms and conditions, your sole and exclusive remedy is to discontinue using the site.
You agree to defend, indemnify, save and hold harmless New Eagle, its licensees and New Eagle’s respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees, arising out of your use of the site, or your violation or alleged violation of the terms of this agreement.
CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan without giving effect to any principles or conflicts of law. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This Agreement is effective until terminated by New Eagle at any time for any reason without notice. In the event of termination, you are no longer authorized to access this site, and the restrictions imposed on you with respect to material downloaded from this site, the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination.