The Utiliz website (the “Site”) is the intellectual property of Utiliz, LLC and Utiliz Services, LLC. You may use the Site only in connection with enrolling and managing your account with Utiliz, LLC or Utiliz Services, LLC. Any other use of the Site, and any reproduction, redistribution, or reverse engineering of the Site, as well as any use of the Site to gain unauthorized access to any accounts, computer systems, sites, or networks, or to obtain or attempt to obtain any information other than such information as the Site is intended to provide to you, is unauthorized and expressly prohibited. By using the Site you agree to all of the terms set forth herein.
The site is provided to you on an “as is” and “as available” basis, without representation or warranty of any kind, whether express, implied, statutory or otherwise. Neither Utiliz nor its third-party providers make any warranty that the site is error-free, current, complete, will meet your requirements, will be available continuously or at any particular time, or is compatible with any particular device, site, or platform. Your use of the site and any material obtained through the use of the site is at your own discretion and risk and you are solely responsible for any damage to any computer system, site or device or any loss of data that results from such use. To the maximum extent permitted by law, Utiliz and its third-party providers expressly disclaim all warranties and conditions of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No information (oral or written) obtained by you from Utiliz or through the site shall create any warranty not expressly stated in these terms.
To the fullest extent permitted by law: (a) Utiliz and its third-party providers, and their respective officers, directors, agents, representatives, shareholders, members, employees, partners, successors and assigns, shall not be liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages arising under these terms or associated with your use of the site, including but not limited to damages for loss of profits, goodwill, use of data, lack or loss of data, or other intangible losses, whether the claim for such damages is based on warranty, contract, tort (including negligence or strict liability) or otherwise (even if Utiliz or its applicable third-party provider has been advised of or should have been aware of the possibility of such damages), and (b) Utiliz and its applicable third-party provider’s maximum aggregate liability of any kind arising under or relating to these terms and the site shall be one hundred united states dollars ($100.00). The foregoing limitations shall apply to all causes of action, whether arising from breach of contract, breach of warranty, negligence or other tort, or any other legal theory; moreover, these limitations will apply notwithstanding a failure of essential purpose of any limited remedy.
Nothing in these terms is intended to exclude or limit any condition, warranty, right, or liability in a manner that is not permissible under applicable law. Some jurisdictions do not permit the exclusion of certain warranties or conditions, or of incidental or consequential damages, or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract, or breach of implied terms. Accordingly, only the above limitations which are lawful in your jurisdiction will apply to you, and Utiliz and its third-party providers’ liability will be limited to the maximum extent permitted by law.