8.1 to the maximum extent permitted by law, the services provided by materialbidders.com on or through the Site are provided "as is", "as available" and “with all faults”, and materialbidders.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.
8.2 to the maximum extent permitted by law, materialbidders.com makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the Site; materialbidders.com does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site does not violate any third party rights; and materialbidders.com makes no representations or warranties of any kind concerning any product or service offered or displayed on the Site.
8.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to materialbidders.com’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from materialbidders.com or through or from the Site shall create any warranty not expressly stated herein.
8.4 The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall materialbidders.com and its affiliates be held liable for any such services or products.
8.5 Each User hereby agrees to indemnify and save materialbidders.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities which may arise from such User's use of the Site or Services (including but not limited to the display of such User's information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save materialbidders.com, its affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to materialbidders.com.
8.6 Each User hereby further agrees to indemnify and save materialbidders.com, its affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that materialbidders.com is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Materialbidders.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with materialbidders.com in asserting any available defenses.
8.7 Materialbidders.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
a) theTheuse or the inability to use the Site or Services;
b) anyAny defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
c) violation of Third Party Rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d) unauthorizedUnauthorized access by third parties to data or private information of any User;
e) statementsStatements or conduct of any User of the Site; or;
f) anyAny matters relating to Services however arising, including negligence.
g) The Member’s use of any data and/or information provided by materialbidders.com which shall be povided for guiding purposes only.
8.8 Notwithstanding any of the foregoing provisions, in any case other than listed in 8.7 above, the aggregate liability of materialbidders.com, its employees, agents, affiliates, representatives or anyone acting on its our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater lesser of (a) the amount of fees the User has paid to materialbidders.com or its affiliates during the calendar year and (b) the maximum amount permitted by the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use. (liability in which case? Liability in any case other than listed in 8.7 above. Also the point b mentioning that the maximum amount permitted in the applicable law might be high for the company….what can we do? I changed the wording to be the lesser of…)
8.9 The limitations and exclusions of liability of materialbidders.com to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not materialbidders.com has been advised of or should have been aware of the possibility of any such losses arising.(same as above. See added words)