You acknowledge that, in the event of any third party claim that the Services or your use of the Services infringes a third party's intellectual property rights (an "Infringement Claim"), you will promptly advise TopSavings. In the event of any Infringement Claim, you agree to provide, at TopSavings' cost, all reasonable assistance requested by TopSavings in TopSavings' defense or settlement efforts and TopSavings shall, in its sole discretion, have the sole authority to defend or settle such claim. In connection with any Infringement Claim, TopSavings may, at its expense and sole option, obtain for you the right to continue using the Services or replace or modify the Services so that it becomes non-infringing.
8. Customer Service. You will direct to TopSavings, as set out below, any question, complaint or claim you may have (or any claims of any third party) relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Box 52072 - RPO Rideau East.
Ottawa, ON, K1N 1B4, Canada
9. Collection of Information Through Automatic Means. TopSavings uses Crashlytics and Answers, analytics services provided by Google, Inc. ("Google"), to better understand how individuals use the Services, and to improve the Services to better meet your needs. Crashlytics and Answers may use mechanisms such as application data caches to collect standard user behaviour information in an anonymous form. The anonymous information generated by Crashlytics or Answers about your use of the Services is transmitted to and stored by Google on its servers in the United States and processed to compile aggregated statistical reports that are used by TopSavings to improve the Services. By using the Services, you consent to the collection and use of such user behaviour information.
10. Disclaimer of Warranties. ANY AND ALL INFORMATION OBTAINED FROM OR PROVIDED THROUGH THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY, IS NOT INTENDED TO PROVIDE A SPECIFIC RECOMMENDATION AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD. YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL TOPSAVINGS HAVE ANY LIABILITY FOR DECISIONS MADE OR ACTIONS TAKEN BY YOU AS A RESULT OF USING THE SERVICES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TOPSAVINGS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF QUIET ENJOYMENT, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND OF AUTHENTICITY ACCURACY, RELIABILITY COMPLETENESS OR TIMELINESS OF THE MATERIALS, SOFTWARE, SOUND, TEXT, GRAPHICS, LINKS OR INFORMATION IN THE SERVICES. TOPSAVINGS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN, PERFORMED OR PROVIDED BY, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TOPSAVINGS SHALL CREATE A WARRANTY.
11. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TOPSAVINGS, ANY OF ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND SUBCONTRACTORS (COLLECTIVELY, "TOPSAVINGS' PROVIDERS") BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TOPSAVINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TOPSAVINGS' (OR THAT OF TOPSAVINGS' PROVIDERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
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