1. The User of www.locatory.com (hereinafter – “Website”) should understand and agree that www.locatory.com services shall be provided to the User on “as is and as available” basis. With respect to documents available through this Website, neither Locatory.com (hereinafter – “Company”) nor any of its subsidiaries, affiliates, officers, employees, agents, partners and licensors make any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, goods, services or process disclosed on the Website, or represents that its use would not infringe privately owned rights.
2. Under no circumstances, including negligence, shall the Company be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the Website. The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
3. Locatory.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Locatory.com has been advised of the possibility of such damages), resulting from:
a) the use or the inability to use of Locatory.com services;
b) any errors, mistakes, or inaccuracies of content;
c) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
d) bugs, viruses, Trojan horses, risks and other online threats, or the like, which may be transmitted to or through our site by any third party;
e) unauthorized access to or alteration of your transmissions or data;
f) the cost of procurement of substitute goods and services;
g) statements or conduct of any third party on the Locatory.com services;
h) personal injury, other health issues or property damage, of any nature whatsoever, resulting from your access to and use of our site;
i) technological issues, including technical maintenance and/or connection problems;
j) errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Locatory.com website, whether based on warranty, contract, tort, or any other legal theory;
k) direct damages; whether or not Locatory.com is advised of the possibility of such damages;
l) any other matter relating to the Locatory.com services.
The Company shall not be liable for damages or refunds should the Website become unavailable or access to the Website become slow or incomplete due to system backup procedures, internet volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Website inaccessible for the subscribers.
4. You also agree to defend, indemnify and hold harmless Locatory.com, its officers, directors, employees, agents, affiliates, parents and subsidiaries from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
1) your use of and access to the Locatory.com website;
2) your violation of any General terms and conditions of using Locatory.com (link to the General terms and conditions of using Locatory.com);
3) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
4) any claim that your Subscriber’s Account caused damage to a third party.
You specifically acknowledge that Locatory.com shall not be liable for user submissions of the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
5. The Company shall not be liable for the quality of the parts produced by other users. The quality of the parts produced by the users is solely their business matter. The Company reserves the right to remove those advertisements that violate the law, public order or conflicts with the purpose of the Website.
6. Any links to external websites and/or non-Locatory.com provided on the website pages or returned from Locatory.com search engines are provided as courtesy. They should not be construed as an endorsement by the Locatory.com of the content or views of the linked materials. The web site administrator has not evaluated the suitability of the information provided via these linked-to sites, and inclusion of these links does not constitute the endorsement of any organization. The links provided are maintained by their respective organizations and they are solely responsible for their content.
7. Any disputes and claim related directly or indirectly to this statement shall be governed and construed under the laws of the Republic of Lithuania. The court of the Republic of Lithuania at the registration place of the Locatory.com shall have exclusive jurisdiction to settle any unsolved disputes.