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In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Madison Marquette be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained herein, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.
You agree to defend, indemnify and hold Madison Marquette harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from and related to your use of the Site. You agree to defend, indemnify, and hold harmless Imaginuity, its service providers and contractors, and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorney’s fees and court costs), arising out of or relating to Your breach of these Terms or Your access to or use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Site.
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This Site features logos, brand identities and other trademarks and service marks (collectively, the “Marks”) that are the property of, or are licensed to Madison Marquette and its subsidiaries. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without written permission of Madison Marquette or any such third party that may own a Mark displayed on the Site.
As a convenience to users, this Site may link to other sites owned and operated by third parties and not maintained by Madison Marquette. However, even if such third parties are affiliated with Madison Marquette, Madison Marquette has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Madison Marquette. Madison Marquette is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.
This Site may contain statements, estimates or projections that constitute “forward-looking statements” as defined under U.S. federal securities laws. Any such forward looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from Madison Marquette? historical experience and our present expectations or projections. Madison Marquette undertakes no obligation to publicly update or revise any forward-looking statements.
This Site is maintained and operated by Imaginuity Interactive, Inc. (“Imaginuity” or “We”), whose offices are in Dallas, Texas, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law provisions. Additionally, any claims brought against Imaginuity shall be governed by and construed in accordance with the laws of the State of Texas. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement or use of the Site shall be in the state and federal courts located in the Northern District of Texas and Dallas County.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof. No waiver by Imaginuity of any breach of default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Imaginuity shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, war, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or government agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
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