7. Disclaimer; Limitations; Waivers on Liability; Indemnification.
7.1 Disclaimer of Warranties.
(a) APPLICATION AND SERVICES PROVIDED "AS IS". YOU EXPRESSLY AGREE THAT USE OF THE
APPLICATION AND SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE
LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY (30) CALENDAR DAYS
FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
(b) LIMITED WARRRANTIES FOR PRODUCTS. THE PRODUCTS MAY HAVE CERTAIN LIMITED
WARRANTIES. SEE SECTION 1.9 ABOVE FOR MORE INFORMATION.
(c) NO WARRANTY OF ERROR-FREE OPERATION AND ASSUMPTION OF RISK. WITHOUT LIMITING
THE FOREGOING, NEITHER SEEK THERMAL NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR
DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS,
LICENSEES OR LICENSORS (COLLECTIVELY, "SEEK THERMAL PARTIES") WARRANT THAT THE SEEK
PRODUCTS AND SERVICES WILL PERFORM IN AN UNINTERRUPTED OR ERROR-FREE MANNER. YOU
ASSUME ALL RISK FOR USE OF SEEK PRODUCTS AND SERVICES AND ARE COMPLETELY RESPONSIBLE
FOR TAKING ALL SAFETY AND SECURITY PRECAUTIONS NECESSARY FOR THE USE OF SEEK PRODUCTS
AND SERVICES.
(d) NO WARRANTY REGARDING ACCESS TO ACCOUNTS AND CONTENT. SEEK THERMAL DOES NOT
GUARANTEE THAT ANY INDIVIDUAL OR ANYONE WHO IS PART OF "ALL USERS" WILL ALWAYS BE
PREVENTED FROM VIEWING INFORMATION OR CONTENT THAT THE SERVICES INTENDED TO NOT BE
AVAILABLE TO SUCH INDIVIDUAL. SEEK THERMAL DOES NOT WARRANT THAT ALL CONTENT OR
INFORMATION POSTED BY ANY OF ALL USERS WILL REMAIN AVAILABLE AT ALL TIMES OR WILL NEVER BE
DELETED, CORRUPTED OR OTHERWISE UNAVAILABLE. SEEK THERMAL DOES NOT WARRANT THAT
USER INFORMATION OR ANY INFORMATION POSTED BY A USER WILL BE KEPT FROM ANY PARTICULAR
INDIVIDUAL WHO EITHER HACKS OR ENGAGES IN UNAUTHORIZED ACCESS TO SUCH CONTENT OR
INFORMATION OR IS MISTAKENLY GRANTED ACCESS BY SEEK THERMAL OR THROUGH THE SERVICES.
7.2 Limitations; Waivers of Liability.
(a) DISCLAIMER OF INDIRECT DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST
EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN
APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR
INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION,
INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR
TORT (INCLUDING NEGLIGENCE) AND THAT THE SEEK THERMAL PARTIES SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY
WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES.
(b) NOT RESPONSIBLE FOR THIRD PARTY CONDUCT. YOU FURTHER SPECIFICALLY
ACKNOWLEDGE THAT THE SEEK THERMAL PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO
HOLD THE SEEK THERMAL PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER
ACCOUNT HOLDERS OR USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT
THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
(c) DISCLAIMER MAY NOT BE APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF
DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
7.3 Indemnification. You agree to defend, indemnify, save, and hold the Seek Thermal Parties harmless from
any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the
Services, any violation by you of these Terms or any breach of the representations, warranties and covenants made
by you herein. Seek Thermal reserves the right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify Seek Thermal and you agree to cooperate with Seek Thermal's
defense of these claims. Seek Thermal will use reasonable efforts to notify you of any such claim, action or
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