The materials, including, without limitation, any Software, are provided "as is" without any express or implied warranty of any kind, including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall THE FOUNDATION , any of its affiliates or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the materials, even if THE FOUNDATION has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages the above limitation may not apply to you.
THE FOUNDATION further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. THE FOUNDATION may make changes to the Materials or to the products described therein, at any time without notice. THE FOUNDATION makes no commitment to update the Materials.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall THE FOUNDATION or any of its affiliates be liable for any special or consequential damages that result from the use of, or the inability to use, the Software and/or the Materials in this site, even if THE FOUNDATION or a THE FOUNDATION authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall THE FOUNDATION’s total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence, or otherwise) exceed the amount of access fees paid by you to THE FOUNDATION , if any, for accessing this site.
This Agreement shall be governed by and construed in accordance with the Laws of the State of Ohio, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.