All services provided by the Kiltie Boosters are provided "as is". The Kiltie Boosters does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties or merchantability or fitness for a particular purpose) with regard to the service, any transaction performed through the service or on the internet generally, and the Kiltie Boosters shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. The Kiltie Boosters does not warrant that its web site, including files or other services, will be uninterrupted or error-free, or that any defects in the site, files or service will be corrected.

In no event will the Kiltie Boosters be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site, files or service, or any transactions provided on the service or downloaded or hyper linked from the site, even if the Kiltie Boosters or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through, or hyper linked from, the site.

Third Party Products/Services

While the Kiltie Boosters does not customarily offer you products and services provided by third parties, it may elect to do so. If so, third party products and services are provided to you only as a matter of convenience, and are not under the control of the Kiltie Boosters. In addition, the Kiltie Boosters is not responsible or liable for the contents, quality, performance or terms of use of any such third party products or services.

No Other Warranties

You assume all responsibilities for selection and download of any files available from the Kiltie Boosters web site to achieve your intended results, and for the installation of, use of, and results obtained from said files. To the maximum extent permitted by applicable law, the Kiltie Boosters disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the files and any accompanying written materials. Some states do not allow limitations on implied warranties, so the above limitation may not apply to you.

No Liability For Consequential Damages

You assume the entire cost of any damage resulting from the use of information contained within the Kiltie Boosters web site. To the maximum extent permitted by applicable law, in no event will the Kiltie Boosters or its suppliers or licensors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the Kiltie Boosters web site or any information contained therein, even if such party has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Export Restrictions

You may not download, export, or re-export any of the files contained within the Kiltie Boosters web site (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of specially designated nationals or the U.S. Commerce Department's table of deny orders. By downloading or using any said files, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Indemnification

You agree to indemnify and hold harmless the Kiltie Boosters, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party providers, from and against any and all damages, losses, costs including attorney's fees and expenses resulting from any violation of this agreement.

Termination

The Kiltie Boosters reserves the right to terminate the services provided by the Kiltie Boosters web site and your use of its files if you violate any of the terms contained in this agreement. You may terminate this agreement at any time simply by ceasing to access the site. However, the provisions contained herein shall survive such termination.

General

This agreement is governed by the laws of the United States and the State of Florida, without reference to conflict of laws principles. Any dispute between you and Kiltie Boosters regarding this agreement will be subject to the exclusive venue of the State and Federal Courts in the State of Florida. You agree to submit to exclusive jurisdiction in Sarasota County, Florida, and you expressly waive all defenses to jurisdiction. This agreement is the entire agreement between you and the Kiltie Boosters, and supersedes any other communications or advertising with respect to the Kiltie Boosters web site.

If any provision of this agreement is held invalid, the remainder of this agreement will continue in full force and effect. Any failure on the part of the Kiltie Boosters to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties not trade practice shall act to modify any provision of this agreement. The Kiltie Boosters may assign its rights and duties under this agreement to any party at any time without notice to you.

Should you have any questions concerning this agreement, or if you desire to contact the Kiltie Boosters for any reason, please send e-mail to: webmaster@rhskiltieband.com..¯