Warranty Disclaimers and Limitation of Liability
Except as specifically set forth in this Agreement, HW CPAs makes no other representations or warranties, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose, with respect to the Portal. You agree that use of the Portal is at your sole risk. The Portal is provided on an “as is” and “as available” basis.
Neither HW CPAs nor its partners, agents, affiliates, or designees nor each of their respective officers, directors, employees, agents, contractors, subcontractors or the like (collectively, “Associates”) warrant that use of the Portal site will be uninterrupted or error-free.
Under no circumstances shall HW CPAs or it Associates be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages that result from, arise out of or otherwise relate to your use of or inability to use the HW CPAs Portal site, or any website linked to the HW CPAs Portal site, including but not limited to reliance by you on any information obtained from the HW CPAs Portal site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, or any loss of profit, loss of goodwill or data, or cost of procurement of substitute goods or services or other intangible loss suffered.
The HW CPAs Portal utilizes industry accepted security systems in an attempt to eliminate unauthorized access to private information. By using the HW CPAs Portal, you expressly agree to not hold HW CPAs or its Associates liable in the event of unauthorized access and subsequent use of your company and/or personal information. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of HW CPAs has been advised of or should have knowledge of the possibility of such damages.
You agree to defend, indemnify and hold harmless HW CPAs and any of its Associates, from and against any and all claims, damages, obligations, losses, liabilities, cost or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the HW CPAs Portal; (ii) your violation of any term of this Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and your use of the HW CPAs Portal.