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Coastal Sparks

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© 2024 by Coastal Sparks. All Rights Reserved

Disclaimer and Indemnification Agreement

1. Acknowledgement of Variation Risk: The party engaged with our services or products (hereinafter referred to as "Recipient") acknowledges that variations from the expected outcome may occur. Such variations may be due to but not limited to, changes in market conditions, product batch differences, service modifications, or unforeseen circumstances.

2. Disclaimer of Warranties: The services and products provided are on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The company expressly disclaims any warranty that the services or products will meet the Recipient’s requirements or that the delivery of such will be uninterrupted or error-free.

3. Limitations of Liability: The company shall not be liable for any direct, 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 the company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the services or products; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the services or products; or (iv) any other matter relating to the services or products.

4. Indemnification: The Recipient agrees to indemnify, defend and hold harmless the company, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement (including negligent or wrongful conduct) by the Recipient or any other person accessing the service.

5. Variation Acceptance: The use of the company’s services or products by the Recipient constitutes an understanding and acceptance of the potential variations and an agreement to the terms outlined within this Disclaimer and Indemnification Agreement.

6. Severability: If any provision of this Disclaimer and Indemnification Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

By engaging with the company's services or products, the Recipient acknowledges that they have read, understood, and agree to the terms of this Disclaimer and Indemnification Agreement. This agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the company operates.

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