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Effective February 11, 2016
5. Third Party Content. Third party content may appear on the Web Site or may be accessible via links from the Web Site. Gann shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Gann.
6. Interactive E-Book License. This Paragraph 6 applies only if you have purchased a Gann treatise in the form of an interactive electronic book ("Interactive E-Book").
B. Restrictions. This License permits you to install only one copy of the Interactive E-Book on an Apple iPad, iPhone, or iPod touch device, or Android tablet or phone, for your personal use only and for the limited duration set forth in Subparagraph A of this License. You shall not: (1) download the Interactive E-Book to your personal computer or any device other than an Apple iPad, iPhone, or iPod touch device, or Android tablet or phone; (2) sell, rent, lease, sublicense, assign, timeshare, distribute, or otherwise transfer in any way all or part of the Interactive E-Book or any rights granted hereunder to any other person or entity; (3) copy, reproduce, republish, or duplicate the Interactive E-Book; (4) create derivative works from the Interactive E-Book; or (5) remove any proprietary notices, labels, or marks from the Interactive E-Book.
7. Not Legal Advice. The Content and/or any Interactive E-Book are not intended to and do not constitute legal advice, and no attorney-client relationship is formed between you and Gann. Nothing submitted to the Web Site is treated as confidential. The accuracy, completeness, adequacy or currency of the Content and/or any Interactive E-Book is not warranted or guaranteed. Your use of the Website, any Content, any materials linked from the Web Site, and any Interactive E-Book is at your own risk.
8. Errors and Corrections. Gann does not represent or warrant that the Web Site, the Content, or any Interactive E-Book, or access to any of them, will be uninterrupted, error-free, free of viruses or other harmful components, or that defects will be corrected or that they will always be accessible. Gann does not warrant or represent that the Content available on or through the Web Site, or the information in any Interactive E-book, will be correct, accurate, timely, or otherwise reliable. Gann may make improvements and/or changes to the Web Site, any Interactive E-Book, and their features, functionality or Content at any time.
9. DISCLAIMER. THE WEB SITE, ALL CONTENT, AND ANY INTERACTIVE E-BOOK ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. GANN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GANN DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEB SITE, THE CONTENT, OR ANY INTERACTIVE E-BOOK, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF ALL OR ANY PORTION OF THE WEB SITE, THE CONTENT, OR ANY INTERACTIVE E-BOOK, (E) YOUR USE OF THE WEB SITE, THE CONTENT, OR ANY INTERACTIVE E-BOOK, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE, THE CONTENT, OR ANY INTERACTIVE E-BOOK.
10. LIMITATION OF LIABILITY. GANN SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM (A) YOUR USE OF THE WEB SITE, ANY CONTENT, OR ANY INTERACTIVE E-BOOK, OR (B) ANY THIRD PARTY COMMUNICATIONS. GANN SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEB SITE, THE CONTENT, OR ANY INTERACTIVE E-BOOK, OR (B) ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT EITHER OF THE FOREGOING LIMITATIONS OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, GANN'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00, OR THE PURCHASE PRICE OF THE INTERACTIVE E-BOOK IN QUESTION, WHICHEVER IS LOWER.
12. Third Party Rights. The provisions of paragraphs 9 (Disclaimer), 10(Limitation of Liability), and 11 (Indemnification) are for the benefit of Gann and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. Access Conditioned on Payment. Access to Subscriber Content will be granted upon entering into a subscription agreement with Gann, whether paid by credit card or invoiced to an established Gann account. However, invoices for online access must be paid within 10 business days. Otherwise, continued access to Subscriber Content may be denied. Purchasing online access to a Gann treatise allows you online access to Subscriber Content for a limited time only. When purchased in association with a print edition of a particular treatise, online access to Subscriber Content will expire when Gann publishes the next print edition of that treatise, no matter when such publication occurs. When purchased separately, online access to Subscriber Content will expire one year from the date of purchase.