No Warranty: The defencebyte Sites and the information provided therein are for the convenience of users of the defencebyte Sites and for customers and potential customers of defencebyte, its products, or its services. The information provided on the defencebyte Sites and the products and services described on the defencebyte Sites are subject to change without notice. defencebyte does not represent or warrant the accuracy, content, completeness, legality, reliability, operability, or availability of any information or material displayed or downloaded from the defencebyte sites. except as provided by the terms of an applicable end-user license agreement or other written agreement signed by defencebyte, the defencebyte sites, services, and software are provided as is, with no warranty, implied or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. defencebyte disclaims any implied, express, or statutory warranties regarding the security, reliability, timeliness, and performance of the defencebyte sites and software downloaded therefrom, including information or advice obtained through the defencebyte sites, services, or software. defencebyte does not warrant that the defencebyte sites, software, or services will operate error-free or that the defencebyte sites are free of computer viruses or other harmful mechanisms. You understand and agree that you download or otherwise obtain material or data through the use of the website, services, or software at your own discretion and risk, and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. If you are use of the website or the material results in the need for servicing or replacement of equipment or data, defencebyte, its affiliates, and subsidiaries are not responsible for those costs.
Additionally, defencebyte makes no claim that any of the content or software available from the defencebyte Sites can be lawfully viewed or downloaded outside of the Australia. Access to portions of the defencebyte Sites may not be legal by certain persons or in certain countries. If you access the Website from outside of the Australia, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
Limitation of Liability: Except as provided by an applicable End-User License Agreement or other written agreement signed by defencebyte, under no circumstances is defencebyte, its affiliates, subsidiaries, or licensors liable to you for any damages whatsoever (including, without limitation, incidental, reliance, or consequential, or special damages whether or not forseen, lost profits, or damages resulting from lost data or business interruption) on account of your use, misuse, or reliance on the information services or software available on the defencebyte sites. this limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from any claim relating to this agreement or the subject matter hereof, whether such claim is based on warranty, contract, tort (including negligence), or otherwise any other legal theory even if defencebyte has been advised of the possibility of such damages).
The above limitation applies to your use, misuse, or reliance upon the defencebyte Sites, including, without limitation, damages you may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to the defencebyte Sites.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
General Provisions
Governing Law: These TOS and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Australia, without giving effect to its conflict of law's provisions or Your actual state or country of residence, and shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods, the Brussels or Lugano Conventions, or the Rome or Rome 1 Conventions. If for any reason, a court of competent jurisdiction finds any provision or portion of these TOS to be unenforceable, the remainder of the TOS will continue in full force and effect.
Force Majeure: Under no circumstances shall defencebyte, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.
Entire Agreement: Except as provided by an End-User License Agreement or other written agreement signed by defencebyte, these TOS constitute the entire agreement between You and defencebyte with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
