Disclaimer of Liability
New Birth Media ( NBM ) makes no representation or warranty as to the completeness or accuracy of the information provided on or in connection with this website (the “Website”) and disclaims all warranties, express and implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement. NBM makes no representation, guarantee or warranty, express or implied, regarding the outcomes achieved by applying the strategies, techniques, skills, information or advice (collectively, the “Strategic Content”) provided by any of its employees, representatives or affiliates in connection with the Website including without limitation any guarantee or warranty that the Content will enable any person to successfully complete or pass any specific examinations for any course, degree or occupational license. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. BGIM is not accredited or recognized by the Department of Education or any other governmental organization or agency and does not offer any diploma, degree, or certificate of completion in respect of its program offerings, learning seminars or instructive content. In no event will BGIM be liable for any special, indirect, incidental or consequential damages in respect of the use or misuse of the information provided in connection with the Website, including without limitation the Strategic Content, even if BGIM has been advised of the possibility of such damages. The foregoing does not affect any liability which cannot be excluded or limited under applicable law. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Except For Liability Arising From A Party’s Gross Negligence, Willful Misconduct, Indemnification Obligations Or A Breach Of Confidentiality Obligations: (A) In No Event Will Either Party Be Liable For Any Claim For Any Indirect, Willful, Punitive, Incidental, Exemplary, Special Or Consequential Damages, For Loss Of Business Profits, Or Damages For Loss Of Business Of Merchant Or Any Third Party Arising Out Of This Agreement, Or Loss Or Inaccuracy Of Data Of Any Kind, Whether Based On Contract, Tort Or Any Other Legal Theory, Even If Such Party Has Been Advised Of The Possibility Of Such Damages; And (B) Each Party’s Total Cumulative Liability Of Each And Every Kind Under This Agreement Will Not Exceed $10,000. The Foregoing Limitation Of Liability And Exclusion Of Certain Damages Will Apply Regardless Of The Success Or Effectiveness Of Other Remedies.
To The Full Extent Permissible By Law, New Birth Media Disclaims All Warranties, Express Or Implied, Including, But Not Limited To, Implied Warranties Of Merchantability And Fitness For A Particular Purpose. New Birth Media Does Not Warrant That The New Birth Media Services, Information, Content, Materials, Products, Or Other Services Included On Or Otherwise Made Available To You Are Free Of Viruses Or Other Harmful Components.
Third Party Referrals and New Birth Media LLC Partners Your participation, correspondence or business dealings with any third party which New Birth Media LLC (“NBM”) may introduce to you is solely between you and such third party. You agree that BGIM shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings. BGIM receives compensation from the introduction to you of a third-party company.