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ACCESS TO THIS SITE AND ERRORS
There may be delays, omissions or inaccuracies in information obtained by you through your use of this Site. AVANCE may alter, suspend or discontinue this Site or your access to use this Site at any time for any reason without notice or liability. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your computer system, software, data or operations. You shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your computer system, software or data.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS”” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AVANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, AVANCE DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE SHALL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS SHALL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL AVANCE OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ATTORNEYS AND THE RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS OF ALL THE FOREGOING BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ALLEGEDLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THIS SITE, EVEN IF AVANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVANCE’S AND ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ATTORNEYS TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED ONE SWISS FRANC (CHF 1.00). SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
You hereby indemnify, defend, and hold harmless AVANCE and its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys (collectively, the “Indemnified Parties”) from and against any and all liability, damages and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as required in the defense of any such claim. AVANCE reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
This Agreement is governed and interpreted pursuant to the laws of the Canton of Basel-Stadt, Switzerland , notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the Canton of Basel-Stadt. You further agree and expressly consent to the exercise of personal jurisdiction in the Canton of Basel-Stadt in connection with any dispute or claim involving AVANCE. If any part of these terms is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.