Except as expressly provided otherwise in an agreement between you and CallMiner, Inc. and its affiliates and subsidiaries (CallMiner), neither CallMiner nor any third party has conferred upon you by implication, estoppel or otherwise, any license or right under any patent, trademark, or copyright. Except as expressly provided otherwise in an agreement between you and CallMiner, all information, the web site, and publications are provided “as is” without warranty of any kind and CallMiner hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose.
In addition, CallMiner disclaims any warranties of non-infringement, title, or quiet enjoyment, in no event will CallMiner be liable for any special, indirect, or consequential damages, or any damages whatsoever resulting from the loss of use, data or profits, whether in an action for breach of contract or warranty or tort (including negligence) arising out of or in connection with the information, the web site, or the publications.
You assume all risks concerning the suitability and accuracy of the information within the web site and publications. The web site and publications may contain technical inaccuracies or typographical errors. CallMiner assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the web site and publications and in any other referenced or linked documents.
You agree to submit any and all claims arising out of or related to your use of this website to mandatory binding arbitration in the state of Massachusetts or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. An award of arbitration may be confirmed in a court of competent jurisdiction. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO CLASS OR COLLECTIVE ACTIONS CAN BE ASSERTED IN ARBITRATION OR OTHERWISE. ALL CLAIMS, WHETHER IN ARBITRATION OR OTHERWISE, MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING.
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