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Use of the Action Potential service is at the user's sole risk. Neither Action Potential nor its affiliates claim or warrant that the Action Potential service will be uninterrupted or error free; nor do they make any warranty as to the accuracy, completeness or reliability of any information, advertisements, services or merchandise provided through the Action Potential service, or as to the results that may be obtained from use of the Action Potential service. Action Potential makes no representations concerning any effort to review the content provided on the Action Potential service and so is not responsible for the accuracy or reliability of the information provided. THE ACTION POTENTIAL SERVICE IS PROVIDED ON AN "AS IS" BASIS. ACTION POTENTIAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

IN NO EVENT WILL ACTION POTENTIAL, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE ACTION POTENTIAL SERVICE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE ACTION POTENTIAL SERVICE.

The provisions of this section shall apply to all use of and content on the Action Potential service. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Action Potential service, whether for breach of contract, tortuous behavior (including strict liability), negligence, or under any other cause of action.

Certain of the names, pictures, downloadable files, and other materials displayed in the Action Potential service constitute trademarks or intellectual property of Action Potential or other entities. You are not authorized to use any such marks. Ownership of such trademarks and other intellectual property remains with Action Potential or those other entities.


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