Thursday, July 22, 2010

Warranty Disclaimers. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION

Indemnification. You hereby agree to defend, indemnify and hold harmless Shopzilla and its affiliates, licensees, vendors, contractors, agents, and employees (collectively, "Agents"), from any and all liabilities, costs and expenses, including, without limitation, reasonable attorney's fees and costs, that may arise from your participation in the Merchant Program or any other Shopzilla services, your breach of the terms of this Agreement, or any consumer's use of your Website(s) or purchase or attempted purchase of any products or services from you as a result of a Listing or otherwise.

Warranty Disclaimers. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE MERCHANT PROGRAM IS AT YOUR OWN RISK. THE SERVICES OFFERED IN THE MERCHANT PROGRAM ARE AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER SHOPZILLA NOR ANY OF ITS AGENTS MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE MERCHANT PROGRAM, ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH OR IN CONNECTION WITH THE MERCHANT PROGRAM OR ANY OTHER SHOPZILLA PRODUCT OR SERVICE, OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. SHOPZILLA HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ITS AGENTS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE MERCHANT PROGRAM, OR ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH OR IN CONNECTION WITH THE MERCHANT PROGRAM OR ANY OTHER SHOPZILLA SERVICE, OR AS TO THE CUSTOMERS, CLICKS, TRAFFIC OR OTHER BENEFITS TO BE GENERATED BY THE MERCHANT PROGRAM, OR THAT THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

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