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Legal Notice, Disclaimer, and Terms of Use VII. Limitations of liability 2. There are certain links on this Website which will lead the User to other sites on the World Wide Web. These links are provided for convenience only, and a link to any other Website should not be taken to imply any endorsement of any other Website by Timminco, its subsidiaries, affiliates, contractors, agents and/or employees. 3. Timminco, its subsidiaries, affiliates, contractors, agents and/or employees are in no way responsible or liable for any damages whether they be direct, indirect, consequential, incidental, special, punitive, exemplary or general damages, contribution or indemnity, of any kind whatsoever, howsoever caused, (including, but not limited to, breach of contract, loss of profit, business interruption, loss of business data or information, negligence or other tortious behaviour, deletion, error, defect, omission, or destruction of the Content of the Website, unauthorized access to, or alteration of, the Content of this Website by third parties, or employees, or agents of Timminco, transmission of material, or any other cause of action, regardless of whether it arises at law or in equity) arising out of the use or non-availability of this Website, or reliance on the Content contained herein, resulting from any decision taken on the basis of information provided through the Website, resulting from the Content of other websites to which any User links through this Website, or resulting from any such change, restriction, or termination of this Website or resulting from the incompatibility of any software downloaded, copied, or otherwise originating from this Website. 4. This limitation of liability shall apply even if Timminco, its subsidiaries, affiliates, contractors, agents and/or employees have been advised of the possibility of the damages referred in this notice. 5. This Website is provided "as is". Timminco, its subsidiaries, affiliates, contractors, agents and/or employees do not warrant that the use of this Website will be uninterrupted, error-free, stable or suitable for all Users. Timminco, its subsidiaries, affiliates, contractors, agents and/or employees make no warranties, either express or implied, about the Website, its availability, or its operation Without limiting the generality of the foregoing, this includes implied warranties of merchantability, fitness for a particular purpose, expectation of privacy, or non-infringement. Any User who accesses this Website does so solely at his or her own risk. The User agrees to indemnify, contribute to and hold harmless Timminco, its subsidiaries, affiliates, contractors, agents, and/or employees, against any liability, be it civil, criminal or quasi-criminal, resulting from any violation of any law by the User in their use of this Website. The User shall be responsible to the full extent of any liability, payment or other agreement made by Timminco, its subsidiaries, affiliates, contractors, agents and/or employees, in settlement and/or satisfaction of any claim or potential claim, whether such payment or agreement is made or concluded prior to or following the institution of formal proceedings against Timminco, its subsidiaries, affiliates, contractors, agents and/or employees. |
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