Limitation of Liability
IN NO EVENT SHALL FISHERSNET.COM OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE FISHERSNET.COM WEB SITE OR THE CONTENT OF THE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FISHERSNET.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FISHERSNET.COM SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
You agree to defend, indemnify and hold FISHERSNET.COM, its officers, directors, employees and agents, licensors and suppliers harmless From and against any claims, actions or demands, liabilities and settlement s, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the FISHERSNET.COM Web Site in a manner that violates or is alleged to violate these Terms and Conditions. FISHERSNET.COM shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
The FISHERSNET.COM Web Site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by FISHERSNET.COM of the sites, but is for your reference and convenience only. FISHERSNET.COM has not reviewed all of the sites linked to the Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to FISHERSNET.COM. Nor does FISHERSNET.COM recommend or endorse any specific tests, products or procedures that may be mentioned on or represented in advertisements on the Web Site. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.
The FISHERSNET.COM Web Site also contains advertisements by third parties. Unless otherwise specifically stated on the Web Site, FISHERSNET.COM does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Web Site.
Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the FISHERSNET.COM Web Site, provided that the hyperlink accurately describes the content as it appears on the Web Site. FISHERSNET.COM reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Web Site or any of its content or copy portions of the FISHERSNET.COM Web Site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within FISHERSNET.COM must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within FISHERSNET.COM.
FISHERSNET.COM retains full copyright ownership, rights and protection in all material contained on FISHERSNET.COM (including all software, HTML code, Java applets, Active X controls and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Web Site without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this Web Site.
You may, however make single copies of materials displayed on the FISHERSNET.COM Web Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission fromFISHERSNET.COM or the copyright owner of the copied material.
None of the material contained on the FISHERSNET.COM site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of FISHERSNET.COM.
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