DISCLAIMER & RELEASE OF LIABILITY
myposthelp.com provides an online marketplace service (the “Marketplace”) for the purchase and sale of watches/jewelry in which myposthelp.com helps you find jewelers to provide certain escrow services to the users of the Marketplace on [myposthelp.com]. The watches/jewelry sold and/or purchased on the Marketplace is not warranted by myposthelp.com in any way whatsoever. Users are solely responsible for using the Marketplace in accordance with all applicable federal, state and/or local laws. By using the Marketplace provided by myposthelp.com, you agree to accept all parts of this Disclaimer and Release, and you agree that you have read, understand and fully consent to the terms and conditions contained herein. Your use of the Marketplace legally binds you and your heirs, assigns, transferees and personal representatives as follows:
1. LIMITATION OF LIABILITY. myposthelp.com shall not be liable for any incidental, special or consequential losses, costs or damages incurred by you or others, directly or indirectly, arising from any purchases and/or sales or your use of the Marketplace or from any other cause with respect to the Marketplace whether such claim is based upon breach of contract, breach of warranty, strict liability in tort, negligence or any other legal theory (including, without limitation, lost profits, revenues, anticipated sales, business opportunities, goodwill or interruption of business or other injury or damage). myposthelp.com shall have no liability under any circumstances in connection with your use of the Marketplace.
2. RELEASE OF myposthelp.com. You release and forever discharge myposthelp.com and its affiliates, successors and assigns, officers, employees, representatives, partners, agents and/or anyone claiming through them (collectively, the “Released Parties”), in their individual and/or corporate capacities, from any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature and kind or any other applicable statutes and/or regulations (the “Claims”).
3. INDEMNIFICATION OF myposthelp.com. You shall indemnify and hold harmless myposthelp.com, its affiliates, and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, your acceptance of the Marketplace services of myposthelp.com.
4. ASSUMPTION OF RISK. When you use the Marketplace, you agree to assume all risks related to and/or arising from your use of the Marketplace and agree to indemnify and hold myposthelp.com harmless from any and all claims brought by any person or entity against myposthelp.com related to and/or arising from your use of the Marketplace.
5. DISCLAIMER OF WARRANTIES. myposthelp.com expressly disclaims all representations and warranties, express or implied, in connection with any watches/jewelry purchased and/or sold on the Marketplace, including, but not limited to, the implied warranties of merchantability, authenticity, value and/or fitness for a particular purpose. You alone assume the responsibility of evaluating the merits and/or risks associated with the use of any information provided to you via the Marketplace before making any decisions based on such information.
6. FREELY, KNOWINGLY AND VOLUNTARILY USING THE MARKETPLACE SERVICES. You represent that you are freely, knowingly and voluntarily entering into this Disclaimer and Release, and that your use of the Marketplace indicates that you agree to all terms contained in this Disclaimer and Release.