THERE MIGHT BE GENERAL RISK FACTORS IN USING THE INTERNET SUCH AS COMPUTER VIRUSES OR SYSTEM FAILURES BUT KBS AMERICA IS NOT RESPONSIBLE FOR ANY OF THEM. USERS ARE RESPONSIBLE FOR PROVIDING ALL THE SYSTEMS NECESSARY TO USE THE SERVICE, INCLUDING THE INTERNET CONNECTION.
KBS AMERICA AND ITS REPRESENTATIVES DO NOT MAKE ANY WARRANTIES OF PROVIDING UNINTERRUPTED AND FLAWLESS SERVICE. KBS AMERICA’S SERVICES, INCLUDING KBSWORLDI WEBSITE, OTHER WEBSITES MANAGED BY KBS AMERICA, CONTENT, PRODUCT OR ANY OTHER SERVICES PROVIDED ON OR THROUGH THE SITES, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. USERS AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW AND UNDERSTAND THAT THE QUALITY AND THE PERFORMANCE CAN VARY DEPENDING ON THE INTERNET USAGE ENVIRONMENT.
IN NO EVENT SHALL KBS AMERICA, ITS AFFILIATES OR CONTENT PROVIDERS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE KBS AMERICA SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY AND INDEMNITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY AND INDEMNITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAWS, KBS AMERICA’S AND ITS RELATED COMPANIES’ AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS KBS AMERICA AND ITS RELATED COMPANIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS) AND OTHER LOSSES WHEN USERS ARE ENGAGED IN COURT DISPUTES DUE TO BREACH OF CONTRACT WITH THIRD PARTIES. USERS SHALL FULLY COOPERATE WITH KBS AMERICA IN SUCH EVENTS. KBS AMERICA SHALL HAVE THE RIGHT, IN ITS SOLE DISCRETION, TO SELECT ITS OWN LEGAL COUNSEL TO DEFEND THE KBS AMERICA INDEMNITEES FROM ANY CLAIMS. YOU SHALL NOT, HOWEVER, WITHOUT THE PRIOR EXPRESS WRITTEN APPROVAL OF KBS AMERICA, SETTLE, DISPOSE OR ENTER INTO ANY PROPOSED SETTLEMENT OR RESOLUTION OF ANY CLAIM BROUHGT AGAINST YOU.