3. Liabilities and Injuries
a. You shall not post or transmit through Echelle–Bénin Materials any information or documents that violates these Terms. You shall defend, indemnify and hold harmless Echelle–Bénin, Echelle–Bénin International, their directors, officers, employees, and agents, and their third party content providers (“Echelle–Bénin Entities”) from any claims, losses or expenses arising from or in connection with any Submissions, any Third Party applications, Software or Content you post or share on or through the Materials (including through the Sites or Share Service), your use of the Materials, your conduct in connection with the Materials or with other Users of the Materials, or any violation of this Agreement or of any law or the rights of any third party.
b. THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. ANY AND ALL PRODUCTS OBTAINED THROUGH ANY Echelle–Bénin SITE ARE SIMILARLY PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Echelle–Bénin DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Echelle–Bénin DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS INCLUDING, WITHOUT LIMITATION, THEIR COMPLETENESS, ACCURACY, RELIABILITY, INTERRUPTION, DEFECT, WHETHER THE MATERIALS OR THE SERVER ARE FREE OF VIRUSES, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR OTHER HARMFUL COMPONENTS. INFORMATION IN THE MATERIALS, OR THE SITES OF ANY Echelle–Bénin ENTITIES, IS PROVIDED WITH THE UNDERSTANDING THAT Echelle–Bénin ENTITIES ARE NOT RENDERING PROFESSIONAL ADVICE OR RECOMMENDATIONS. DO NOT RELY ON ANY INFORMATION ON THESE PAGES TO REPLACE CONSOLTATIONS WITH QUALIFIED PROFESSIONALS TO MEET YOUR INDIVIDUAL NEEDS. YOU USE THE MATERIALS AT YOUR OWN RISK.
c. Echelle–Bénin is a distributor (and not a publisher) of content supplied by third parties and Users. Echelle–Bénin has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any User of the Materials, are those of the respective author(s) or distributor(s) and not of or endorsed by Echelle–Bénin. Echelle–Bénin DOES NOT PRE-SCREEN, APPROVE OR ENDORSE ANY SUBMISSIONS, AND CANNOT GUARANTEE THAT A SUBMISSION WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A SUBMISSION. NOR IS Echelle–Bénin RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSION, OR ACTIONS TAKEN ON OR IN CONNECTION WITH ANY SUBMISSION, INCLUDING HOW THE OWNER OF THE SUBMISSION COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS. YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A SUBMISSION.
d. IN NO EVENT WILL Echelle–Bénin OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE MATERIALS, ANY PLATFORM APPLICATIONS, ANY PRODUCT OR SERVICE, OR ANY OF THE MATERIALS OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITES, EVEN IF Echelle–Bénin IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Echelle–Bénin LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Echelle–Bénin FOR THE PRODUCT OR SERVICE. YOU ACKNOWLEDGE THAT IF NO PURCHASE OF A PRODUCT IS INVOLVED AND/OR NO FEES ARE PAID TO Echelle–Bénin FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM Echelle–Bénin, REGARDLESS OF THE CAUSE OF ACTION.
e. Echelle–Bénin is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, the Materials or at any Sites or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Materials. Under no circumstances will Echelle–Bénin be responsible for any loss or damage, including any loss or damage to any Submissions or personal injury or death, resulting from anyone’s use of the Materials, any Submissions or Third Party Applications, Software or Content posted on or through the Materials or transmitted to Users, or any interactions between Users of the Materials, whether online or offline.
f. The Materials or Sites may be linked to other sites not maintained by Echelle–Bénin. Echelle–Bénin is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Echelle–Bénin of the sites. Echelle–Bénin makes no representations whatsoever about any other sites which you may access through Echelle–Bénin.
g. These limitations apply even if there is negligence on the part of Echelle–Bénin Entities or an authorized Echelle–Bénin representative has been advised of the possibility of such damages, or both.