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Limitations of Liability
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MMX AND OUR SERVICE PROVIDERS, INCLUDING ALL OFFICERS, MANAGERS, OWNERS, AGENTS, CONTENT PROVIDERS, AFFILIATES AND LICENSORS (COLLECTIVELY, THE "MMX PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) INCURRED BY YOU IN ANY MANNER FOR, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO, USE OF THIS WEB SITE OR ANY INFORMATION, ADVICE OR RECOMMENDATIONS PROVIDED IN CONNECTION HEREWITH, (II) ANY CLAIM ARISING OUT OF ANY USE OR ALLEGED USE OF YOUR ACCOUNT OR PASSWORD BY YOU OR ANY PERSON WHETHER OR NOT AUTHORIZED BY YOU, OR (III) ANY DECISIONS THAT YOU MAKE RELATIVE TO YOUR BUSINESS, WHETHER IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR OTHERWISE. THE MMX PARTIES RESERVE THE RIGHT, AT ITS (THEIR) OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH THE MMX PARTIES DEFENSE OF SUCH CLAIM.
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This Web Site may be unavailable from time to time for maintenance or other reasons. Under no circumstances shall MMX be held liable for any error, omission, interruption, deletion, loss, corruption, defect, delay, theft, destruction, unauthorized access to, or alteration of communications, or any other delay or failure in performance. Without limiting the foregoing, MMX shall not be held liable for any problem, technical malfunction, or failure of the Internet or any telecommunications equipment, network, or line, computer online system, server or provider, computer or other equipment, e-mail, media player, or other software or hardware - whether resulting from technical problems, traffic congestion on the Internet or at any web site or combination thereof, or any other reason. MMX shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond MMX's reasonable control, including without limitation other equipment failures, 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 heating, lighting, or air conditioning. MMX shall not be held liable for any loss, damage, injury, or death of any person, or any loss or damage to any computer or other equipment, resulting directly or indirectly from participation on the Web Site, from accessing or using Content or other materials in connection with the Web Site, and/or from any other reason set forth herein. Without prior notice, MMX may modify, suspend, or discontinue any part of the services provided by the Web Site or your use of them; and in the event MMX does so, it will not be liable to you or any third party.
This Web Site may present links to third-party web sites that are not owned or operated by MMX. MMX shall not be held liable for the availability of such third-party web sites or their contents. You agree that MMX shall not be held liable in any way for any loss, damage, or injury caused by or in connection with your use or reliance on contents, goods, or services available through any such third-party web site.
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