THESE TERMS AND CONDITIONS ("AGREEMENT") APPLY TO ANY HARDWARE, SOFTWARE, OR THIRD PARTY SERVICES (COLLECTIVELY, "PRODUCT") LISTED ON THIS WEBSITE. You accept the terms and conditions of this Agreement. ConnectWise may, from time to time and at its sole option, revise this Agreement without notice by posting the revised agreement on its web site.
- Third Party Services. Certain services may be provided by third parties ("Third Party Services"). In the case of Third Party Services, the third party shall be considered the contracting party, not ConnectWise, and the third party shall be the party responsible for providing the services to you. You will look solely to the third party for any loss, claims or damages arising from, or related to, the provision of such Third Party Services. You specifically release ConnectWise from any and all claims arising from or relating to the purchase or provision of any such Third Parties Services.
- Limited Warranty. PRODUCTS AND/OR THIRD PARTY SERVICES MANUFACTURED, PUBLISHED OR PROVIDED BY THIRD PARTIES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY BY CONNECTWISE OF ANY KIND, EITHER EXPRESS OR IMPLIED. Although you may purchase or obtain Third Party Services from ConnectWise such services through ConnectWise, ConnectWise is not obligated to provide the services disclaims any warranty relating to Third Party Services. ConnectWise accepts no liability for any claims arising out of any act or omission, including negligence, by your third-party service provider.
- Disclaimer of Warranty. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND YOUR SOLE AND EXCLUSIVE REMEDIES. CONNECTWISE DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. No agent or employee of ConnectWise or any other party is authorized to make any warranty in addition to those made here.
- Third Party Services available from ConnectWise may be discontinued, terminated or suspended at any time by ConnectWise or the third party providing the Third Party Services without notice to you.
- Limitations on Use. If Product purchased under this Agreement is intended for export, it may be subject to export regulations. You accept full responsibility for and agree to comply fully with all export regulations, including obtaining export licenses. The export of Products may also alter or void the manufacturer's or publisher's warranty. PRODUCTS OFFERED BY CONNECTWISE ARE NOT DESIGNED FOR USE IN LIFE SUPPORT, LIFE SUSTAINING, NUCLEAR SYSTEMS OR OTHER APPLICATIONS IN WHICH FAILURE OF SUCH PRODUCTS COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, LOSS OF LIFE OR CATASTROPHIC PROPERTY DAMAGE. USE IN ANY SUCH APPLICATIONS IS AT YOUR SOLE RISK.
- Limitation of Liability. CONNECTWISE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF INCOME, PROFITS, DATA, OPERATIONAL EFFICIENCY, USE OR INFORMATION, ARISING UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION OR THEORY OF RELIEF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any liability for direct damages arising under this Agreement, regardless of the form of action or theory of relief, is limited to the purchase price of the Product. No action arising out of the transactions under this Agreement may be brought by you more than one (1) year after the damage, loss or expense occurred. ConnectWise is not liable for any claim made by a third party or made by you for a third party.
- Governing Law and Venue. This Agreement will be governed by the substantive laws of the state of Florida without giving effect to any choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. You are responsible for compliance with local laws, if and to the extent local laws are applicable. Both parties to this Agreement specifically agree to submit to the exclusive jurisdiction of, and venue in, the courts in Hillsborough County, Florida in any dispute arising out of or relating to this Agreement.