I. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE/APP AND/OR PRODUCTS/SERVICES ARE AT YOUR SOLE RISK. THE WEBSITE/APP AND PRODUCTS/SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. [WER4U TECHNO PVT.LTD.] EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS/SERVICES" INCLUDE TRIAL PRODUCTS/TRIAL SERVICES.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, [WER4U TECHNO PVT.LTD.] MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE/APP IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE/APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS/SERVICES OR THAT DEFECTS IN PRODUCTS/SERVICES WILL BE CORRECTED.
REGARDING ANY PRODUCTS/SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE/APP.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
II. LIMITATION OF LIABILITY
[WER4U TECHNO PVT.LTD.] ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE/APP CONTENT AND PRODUCTS/SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS/SERVICES PURCHASED OR OBTAINED VIA THE WEBSITE/APP.
[WER4U TECHNO PVT.LTD.] WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS/SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE/APP CONTENT OR PRODUCTS/SERVICES; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS/SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE/APP; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
III. INDEMNIFICATION
You will release, indemnify, defend and hold harmless [WER4U TECHNO PVT.LTD.], and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website/App content or your use of the Website/App content; (3) the Products/Services or your use of the Products/services (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to [WER4U TECHNO PVT.LTD.]. When [WER4U TECHNO PVT.LTD.] is threatened with suit or sued by a third party, [WER4U TECHNO PVT.LTD.] may seek written assurances from you concerning your promise to indemnify [WER4U TECHNO PVT.LTD.]; your failure to provide such assurances may be considered by [WER4U TECHNO PVT.LTD.] to be a material breach of this Agreement. [WER4U TECHNO PVT.LTD.] will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website/App content or Products/Services, with counsel of [WER4U TECHNO PVT.LTD.] choice at its expense. [WER4U TECHNO PVT.LTD.] will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend [WER4U TECHNO PVT.LTD.] against any claim, but you must receive [WER4U TECHNO PVT.LTD.] prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.