User manual
62
TERMS OF SERVICE CONTINUED
DISCLAIMERS. Neither MakerBot nor any of our aliates warrant the accuracy or
completeness of the information, products or services provided by or through this Manual,
which are provided “as is” and without any express or implied warranties of any kind,
including warranties of merchantability, fitness for a particular purpose, or non-infringement
of intellectual property. To the fullest extent permissible by the applicable law, we hereby
disclaim all liability for product defect or failure, claims that are due to normal wear, product
misuse, abuse, product modification, improper product selection, non-compliance with
any codes, or misappropriation. To the fullest extent permissible by the applicable law, we
hereby disclaim any and all responsibility, risk, liability and damages arising out of death or
personal injury resulting from assembly or operation of our products. MakerBot assumes
no responsibility, nor will be liable, for any damages to, or any viruses or malware that may
infect your computer, telecommunication equipment, or other property caused by or arising
from your downloading of any information or materials related to MakerBot products. The
foregoing exclusions do not apply to the extent prohibited by law; please refer to your local
laws for any such prohibitions. We make no warranties to those defined as “consumers” in
the Magnuson-Moss Warranty-Federal Trade Commission Improvements Act.
LIMITATIONS OF LIABILITY. In no event will MakerBot or any of our respective ocers,
directors, employees, shareholders, aliates, agents, successors or assigns, nor any party
involved in the creation or production of our products be liable to you or anyone else for
any indirect, special, punitive, incidental or consequential damages (including, without
limitation, those resulting from lost profits, lost data or business interruption) arising out
of the use, inability to use, or the results of use of this Manual, whether based on warranty,
contract, tort or any other legal theory and whether or not advised of the possibility of such
damages. The foregoing limitations of liability do not apply to the extent prohibited by law;
please refer to your local laws for any such prohibitions.
CHOICE OF LAW; JURISDICTION. These Terms will be governed by and construed in
accordance with the laws of the State of New York, without giving eect to any principles
of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to
these Terms or the Manual will be brought only in the courts of the State of New York or
the United States District Court for the District of New York.