Disclaimer

1. General

(A) This Agreement, which incorporates by reference other provisions applicable to use of EspressoRay.com and Espresso Ray 3D (ER3D) software governing the use of certain specific material contained in EspressoRay.com, sets forth the terms and conditions that apply to use of EspressoRay.com and associated software. By using EspressoRay.com and ER3D Software (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof.
(B) ER3D Group shall have the right at any time to change or discontinue any aspect or feature of EspressoRay.com and associated ER3D software, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. Changed Terms.

ER3D Group shall have the right at any time to change or modify the terms and conditions applicable to use of EspressoRay.com and associated ER3D software, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means. Any use of EspressoRay.com and associated software after such notice shall be deemed to constitute acceptance by user of such changes, modifications or additions.

3. Disclaimer of Warranty; Limitation of Liability.

(A) User EXPRESSLY AGREES THAT USE OF ESPRESSORAY.COM AND ASSOCIATED ER3D SOFTWARE IS AT USERS'S SOLE RISK. NEITHER ER3D GROUP, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ESPRESSORAY.COM AND ASSOCIATED ER3D SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ESPRESSORAY.COM AND ASSOCIATED ER3D SOFTWARE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ESPRESSORAY.COM. (B) ESPRESSORAY.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. (C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT ER3D GROUP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. (D) IN NO EVENT WILL ER3D GROUP, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ESPRESSORAY.COM OR THE ER3D GROUP INTERACTIVE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ESPRESSORAY.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ESPRESSORAY.COM.

4. Indemnification.

User agrees to defend, indemnify and hold harmless ER3D Group, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of EspressoRay.com and associated ER3D software by User or User's Account.

5. Termination.

Either ER3D Group or User may terminate this Agreement at any time. Without limiting the foregoing, ER3D Group shall have the right to immediately terminate User's Account in the event of any conduct by User which ER3D Group, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 3, 4, and this Section 5 shall survive termination of this Agreement.

6. Miscellaneous.

This Agreement and any operating rules for EspressoRay.com and associated ER3D software established by ER3D Group constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Hawaii, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.