3. ID Number, Password and Security. You are responsible for maintaining the confidentiality of any user ID and/or password provided to you by VIATAS for use in connection with the Web Site or the Services. You are solely responsible for all activities that occur under your user ID and/or password, and you agree to notify VIATAS immediately of any unauthorized use of your user ID and/or password or any other breach of security related to the Web Site. VIATAS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID AND/OR PASSWORD OR TO COMPLY WITH THIS SECTION.
4. Services. VIATAS’s provision to you of the Services may be subject to other terms, conditions and restrictions set forth on the Web Site or otherwise communicated in writing to you by VIATAS, including via email. The Services are subject to availability and all price quotes are estimates. Please refer to the Frequently Asked Questions page for more information. 5. Proprietary Rights. The Web Site, certain content therein, the Services and any underlying software may be protected by copyright, trademark, patent, and/or other intellectual property and proprietary rights laws and are owned (along with all proprietary rights therein) by VIATAS and its licensors. You agree that you will not copy, distribute, republish, display, post, transmit, download, or modify any content you obtain from the Web Site without VIATAS’s prior permission; provided, however, that you may download or print a copy of information from the Web for your use in learning about, reserving, or using the services.
6. Warranty Disclaimer. THE WEB SITE, THE SERVICES, AND ANY INFORMATION PROVIDED THROUGH THE WEB SITE ARE PROVIDED BY VIATAS ON AN “AS IS” BASIS, AND NEITHER VIATAS NOR ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE OR SERVICES OR THE INFORMATION MADE AVAILABLE BY OR THROUGH THE WEB SITE OR THE SERVICES. IN ADDITION, VIATAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY AND NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER VIATAS NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS WARRANTS THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
7. Limitation of Liability. IN NO EVENT WILL VIATAS, ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICES, OR ANY WEBSITES LINKED TO THE WEB SITE, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER VIATAS KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VIATAS’S AGGREGATE LIABLITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THE WEB SITE OR THE SERVICES (REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY) IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID BY THE USER TO VIATAS FOR THE SPECIFIC SERVICE THAT IS THE SUBJECT OF THE DISPUTE OR (ii) $50. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY. You acknowledge that VIATAS has agreed to provide the Web Site and the Services in reliance on the exclusions of liability and disclaimers of warranty set forth herein. Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.
13. International Access. This Web Site and Service is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Web Site and Service. We make no representations regarding the legality of this Web Site and Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
16. Force Majeure. VIATAS shall not be responsible for damages caused by delay or failure to perform, in full or in part, any of its obligations in connection with the Web Site or Services, provided that there is due diligence in attempted performance under the circumstances and that such delay or failure is due to fire, earthquake, unusually severe weather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance substantially beyond the control of VIATAS.