Nem5 Web Maggic Awards Program Disclaimer User expressly agrees that use of Nem5 is at User's sole risk. Neither Nem5, their affiliates nor any of their respective employees, agents, third-party content providers or licensors warrant that Nem5 will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Nem5, or as to the accuracy or reliability of any information, service or merchandise provided through Nem5. Nem5 is provided on an "as is" basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable law. Additionally, there are no warranties as to the results obtained from the use of Nem5. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of Nem5 and Nem5 Merchandise, whether for breach of contract, tortious behavior (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that Nem5, their affiliates, any of their respective employees, agents, third-party content providers or licensors are not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. In no event will Nem5 or any person or entity involved in creating, producing or distributing Nem5, the content included therein or Nem5 Merchandise be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use Nem5 or Nem5 Merchandise. You hereby acknowledge that the provisions of this section shall apply to all use of and content on Nem5. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Nem5 total liability to you for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing Nem5 or purchasing Nem5 Merchandise. This policy has been in effect since March 1, 2005. Top of page.