To the fullest extent permissible under applicable law, the site is provided by Meraki Data Solutions Corp. on an “as is” and “as available” basis. To the fullest extent permissible under applicable law, Meraki Data Solutions Corp. makes no representations or warranties of any kind, express or implied, as to the operation of the site, or the information, content, materials or products included on the site. To the fullest extent permissible by applicable law, Meraki Data Solutions Corp. disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non- infringement. You acknowledge, by your use of the site, that your use of the site is at your sole risk. This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.
To the fullest extent permissible under applicable law, Meraki Data Solutions Corp. will not be liable for any damages of any kind arising from the use of the site, including but not limited to direct, indirect, incidental punitive and consequential damages.
To the fullest extent permissible under applicable law, Meraki Data Solutions Corp., its affiliates, and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the content, information or other materials located on the site.
To the fullest extent permissible under applicable law, you understand and agree that Meraki Data Solutions Corp. is not responsible or liable for any transaction between you and third-party providers of third party applications or products or services advertised on or through the site. As with any purchase of a product or service through any medium or in any environment, you should use your judgement and exercise caution where appropriate. To the fullest extent permissible under applicable law, no advice or information whether oral or in writing obtained by you from Meraki Data Solutions Corp. shall create any warranty on behalf of Meraki Data Solutions Corp. in this regard. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
To the extent applicable, nothing set forth in this section affects your statutory rights as a consumer.
Limitation of Liability
To the fullest extent permissible under applicable law, under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Meraki Data Solutions Corp. or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Meraki Data Solutions Corp. has been advised of or should have known of the possibility of such damages. Subject to the foregoing, in no event will Meraki Data Solutions Corp. be liable for any damages in excess of any fees paid by you in connection with your use of the site during the six-month period preceding the date on which the claim arose.
Nothing in the Agreement removes or limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by its gross negligence, and, if required by applicable law, negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
Severability
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
Applicable Law
This Agreement is governed by and shall be construed in accordance with the laws of the State of Mississippi the principal place of business of Meraki Data Solutions Corp., without giving effect to any principles of conflicts of law. You agree to bring any claims against Meraki Data Solutions Corp. exclusively in the courts of Madison County in the State of Mississippi.
Class Action Waiver
Where permitted under the applicable law, you and Meraki Data Solutions Corp. agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Meraki Data Solutions Corp. agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
