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THE MATERIALS ON THIS WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND ARE SUBJECT TO CHANGE AT ANY TIME. THE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMPED SOFTWARE AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, AND CONDITIONS WITH RESPECT TO THE MATERIALS, THEIR QUALITY, PERFORMANCE, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
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IN NO EVENT WILL AMPED SRL AND ITS SUPPLIERS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT OR TORT, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS AVAILABLE ON THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, AMPED SRL SHALL HAVE NO LIABILITY FOR ANY LOSS OF USE, DATA, INCLUDING THE COSTS OF RECOVERING SUCH DATA, OR PROFITS. Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including the breach, termination or validity thereof, shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.