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This agreement (the "Agreement") is entered into by and between you and KEVIN KESSLER regarding your use of BlizzForge. By using BlizzForge, you are entering into this Agreement with KEVIN KESSLER and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions, please do not use the Service. Contact us if you have any questions and/or comments.
1. Description of Service. BlizzForge (the "Service") is a free service from KEVIN KESSLER (the "Person") that offers articles about the Warcraft®, Hearthstone®, Diablo®, Heroes of the Storm®, Overwatch®, and StarCraft® video games. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. The Person disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. The Person also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
2. Proper Use. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (a) use the service to harass other users; (b) prevent others from using the Service; (c) use the Service for any fraudulent or inappropriate purpose. Any violation of the above may result in immediate termination of this Agreement, and may subject you to legal consequences. The Person reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
3. Children's Online Privacy. Due to the Children's Online Privacy Protection Act of 1998, you must be at least thirteen (13) years of age to use this Service.
4. Refusal of service; Termination; Suspension. The Person reserves the right in its sole discretion to refuse, suspend, or terminate the Service to anyone at any time without notice for any reason.
6. Warranty. The Person does not represent that the Service is reliable, accurate, complete, or otherwise valid. THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. KEVIN KESSLER EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
7. Damages. UNDER NO CIRCUMSTANCES WILL KEVIN KESSLER BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL KEVIN KESSLER BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THIS AGREEMENT.
8. Indemnification. You agree to hold harmless and indemnify the Person, and their employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
9. Liability. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against KEVIN KESSLER and their employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service.
10. Modifications to the Agreement. The Person shall have the right to modify the terms of this Agreement at any time. The new agreement shall be effective immediately.
11. Exercise. The failure of the Person to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
12. Choice of Law; Jurisdiction. This agreement, with the exception of the Children's Online Privacy section, shall be interpreted in accordance with the laws of the United States of America.
13. Entire Agreement. This Agreement constitutes the entire agreement between KEVIN KESSLER and you with respect to the subject matter hereof.