Effective May 6, 2017
Copyright and Trademark Notice
The content and information displayed on this site is the property of Tomatina. The reproduction, downloading, or retransmission of this information, other than for non-commercial individual use, is strictly prohibited. The site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, processes, products, or other proprietary rights of other parties. Tomatina ® is a registered trademark of Tomatina and/or its affiliates. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, processes, products, and other proprietary rights of Tomatina, its affiliates, and/or other parties are granted to or conferred upon you.
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ASSUMPTION OF RISK AND WAIVER OF LIABILITY.
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT IN ACCESSING AND USING THE SITE, INCLUDING LOSS, THEFT, BREACH, MISUSE, OR UNAUTHORIZED USE OF PERSONAL INFORMATION. YOU EXPRESSLY ASSUME THESE RISKS, AGREE TO ACCESS AND USE THE SITE AT YOUR OWN RISK, AND AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST TOMATINA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (“TOMATINA PARTIES”), RELATED TO SUCH ACCESS OR USE (INCLUDING CLAIMS ON BEHALF OF YOUR MINOR CHILDREN) FOR ANY DAMAGE, LOSS, OR INJURY OF ANY KIND SUSTAINED BY YOU OR ANY PERSON ON YOUR MEMBERSHIP OR IN YOUR HOUSEHOLD CAUSED AS A RESULT OF TOMATINA'S NEGLIGENCE, BUT NOT THOSE RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR RECKLESS DISREGARD, UNLESS PROHIBITED BY APPLICABLE LAW.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ACCESSING THE SITE ON AN "AS IS, WHERE IS, AND AS AVAILABLE" BASIS. TOMATINA IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN THE CONTENT OF, THE SITE OR ANY PARTICULAR FEATURES OR SERVICES OFFERED THEREIN. TOMATINA DOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, AND SERVICES ON THE SITE OR THE ERROR-FREE USE OF THE SITE. TOMATINA IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM ACCESS TO OR USE OF THE SITE. TOMATINA IS PROVIDING THE SITE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (TO THE EXTENT PERMITTED BY APPLICABLE LAW), INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM A COMPUTER VIRUS.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE TOMATINA PARTIES FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE TOMATINA PARTIES FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SITE IN BREACH OF THESE TERMS OR THE CONTENT YOU MAKE AVAILABLE VIA THE SITE BY ANY MEANS, INCLUDING THROUGH A POSTING, A LINK, REFERENCE TO CONTENT, OR OTHERWISE, UNLESS PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE TOMATINA PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, YOUR INABILITY TO USE OR MALFUNCTIONS OF THE SITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE SITE.
To the extent that any part of these terms are determined to be invalid or unenforceable by a court of competent jurisdiction, that part shall be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of these terms shall remain in full force and effect. You agree that Tomatina's failure to exercise or enforce a legal right, remedy or benefit which is contained in these terms or any applicable law does not constitute waiver of its right to do so later. Unless the context indicates otherwise, “including” shall mean without limitation.