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In no event will the owner, or any person or entity involved in creating, producing or distributing the site, 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 the site. 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 the site, under any legal theory or cause of action. You agree to indemnify, defend and hold harmless the site owners, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the site, your violation of this user agreement, or your infringement of any intellectual property or other right of any person or entity. The terms of service will inure to the benefit of the site's successors, assigns and licensees. Any waiver of any provision of these terms of service will be effective only if in writing and signed by an authorized employee duly acting in his or her official capacity. If for any reason a court of competent jurisdiction finds any provision or portion of these terms of service to be unenforceable, the remainder of these terms of service will continue in full force and effect.