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Disclaimer
1. No warranty
a. Your use of this site is at your sole risk.
b. All materials, information, software, products and services included in or available through this site (“Materials”) are provided “as is” and “as available” for your use. The materials are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Action Gaming, VideoPoker.com, its subsidiaries, and its licensors do not warrant that the materials are accurate, reliable or correct; that the site will meet your requirements; that the site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the materials are free of viruses or other harmful components. Any materials downloaded or otherwise obtained through the use of the site are downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
c. No advice or information, whether oral or written, obtained by you from Action Gaming or VideoPoker.com or through or from the site shall create any warranty not expressly stated in the terms.
d. Action Gaming or VideoPoker.com does not warrant any client software you may download from the site or from related sites. All materials, information, client software, products and services included in or available through this site (“Client Materials”) are provided “as is” and “as available” for your use. The client materials are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Action Gaming or VideoPoker.com, its subsidiaries, and its licensors do not warrant that the client materials are accurate, reliable or correct; that the site will meet your requirements; that the client materials or site will be available at any particular time or location, uninterrupted or secure; that any defects or errors in the client materials will be corrected; or that the client materials are free of viruses or other harmful components. Any client materials downloaded or otherwise obtained through the use of the site are downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
2. Limitation of Liability
a. In no event shall Action Gaming or VideoPoker.com, its subsidiaries, or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this site, including unauthorized access to or alterations to your transmissions of data. Under no circumstances will Action Gaming or VideoPoker.com be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the site or your account or the information contained therein. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Action Gaming or VideoPoker.com has been advised of the possibility of such damage.
3. Sole Remedy
In any event, your sole and exclusive remedy for any liability relating to or arising out of the service or this agreement, regardless of the form in which any legal or equitable action may be brought, shall be for you to discontinue your use of the service and terminate this agreement.
4. Indemnity
You agree to defend, indemnify and hold harmless Action Gaming and VideoPoker.com and its parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from all liabilities, actions, claims and expenses, including legal fees, asserted by any third party, governmental body or governmental agency, arising out of or relating to: (a) this agreement; (b) your use of the web site, including any data or work transmitted or received by you or any service provider; (c) your connection to any VideoPoker.com site; (d) your violation of this agreement; (e) your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider.