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Disclaimer:

The following are excerpts from the Terms of Use and Service Agreement for MyProductionGuide.com. These excerpts discuss our disclaimer, our liability, and liability issues relating to our Local Contact (the source providing information for the specific location being discussed). These excerpts are presented here for your convenience and review, and for our protection. These excerpts do not constitute the entire Terms of Service and Use Agreement. The full text of the Terms of Service and Use Agreement are required for you to read and agree to in order to be a Registered User of this website. To read the complete Terms of Use and Service Agreement click here.

Numbers below refer to the Clause from the Terms of Service and Use Agreement.

Clause 1. Acceptance of Agreement.

  B. This Site is strictly for use by professional commercial production managers, producers, bidders, bidding researchers, advertising agency producers and advertising agency cost estimators (collectively “Professional”) for purposes of assisting in the creation of a commercial production ballpark budget. By using this Site, you represent that you are a Professional and have the knowledge and experience to properly estimate the costs and logistics required to budget a commercial project. You furthermore represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
 
Clause 7. Reliance on Content.

Information contained on or made available through the Site is provided by production personnel (“Local Contact”) local to the respective location being presented on the Site. We have no reliable manner to verify the accuracy of information provided by Local Contact. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Furthermore we do not adopt, endorse or accept responsibility for the accuracy or reliability of the information provided by the Local Contact. Under no circumstances will we or our affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site. Your use of information on the Site or materials linked to the Site is entirely AT YOUR OWN RISK.

Clause 8. Reliance on Local Contact.

You understand that no one is recommending to you any Local Contact mentioned on the Site. You are solely responsible for any possible interaction and/or transaction, including but not limited to production discussion, budgeting information, hiring arrangements, producing arrangements, contractual agreements, etc… , with any Local Contact. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, including without limitation, inaccurate information, improperly used information, financial impact, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with Local Contacts you meet through this Site.

Clause 12. Errors, Corrections and Changes.

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Clause 17. Disclaimer.

WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, DELAY DUE TO SLOW SITE WEB PAGE LOADING, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF THE SITE. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SITE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE IT PROVIDES, ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, AND BETWEEN USERS AND LOCAL CONTACTS, WHETHER ONLINE OR OFFLINE.


THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, UNTIMELY INFORMATION, INCORRECT INFORMATION, INACCURATE INFORMATION OR OTHER LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFORMATION PROVIDED IN THE SITE. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 18(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), INFORMATION PROVIDED BY LOCAL CONTACT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY LOCAL CONTACT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM, DOCUMENT, OR OTHER TYPE OF ELECTRONIC FILE OF THIS SITE ARE DISCLAIMED.

Clause 18. Limitation of Liability

 

A. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, special or punitive damage of any kind, including also lost profits arising from your use of the Site, resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party, even if we have been advised of the possibility of such damages.

B. THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE PROVIDED BY THE SITE AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

Clause 21. Third-Party Services.

We may allow access to or advertise certain third-party products, producers, production and post production companies and/or service providers (collectively "Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of production, post production, order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING THIS SITE OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

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