Disclaimer and Limitation of Liability
Although ACS has attempted to provide accurate information in the Modules, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions in that information. ACS SHALL HAVE NO LIABAILITY FOR ANY TREATMENT OR FAILURE TO PROVIDE TREATMENT OR FOR ANY OTHER MEDICAL DECISIONS MADE BY USERS BASED UPON THE PROGRAM OR CONTENT OR INFORMATION FROM THE PROGRAM. THE PROGRAM IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ACS NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE MODULES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User understands and agrees that he or she is personally responsible for his or her use of the Modules. User agrees to indemnify, defend, and hold harmless ACS, its directors, officers, employees, agents, and assigns from and against all losses, expenses, damages, costs (including, but not limited to, direct, incidental, consequential, exemplary, punitive, and direct damages), reasonable attorneys’ fees, resulting from or arising out of the User’s use, misuse, or inability to use the Modules or any violation by the User of this Agreement.