7. Prohibited Uses:
a) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
b) Attempting to interfere with the proper functioning of the Web Site or Active Interest Media including, without limitation, via means of submitting a virus to the Web Site or Active Interest Media, overloading, "flooding", "mailbombing" or "crashing";
c) Forging any TCP/IP packet header or any part of the header information in any e-mail.
8. Disclaimer of Warranties and Limitations of Liability. Your agreement to the following disclaimers and limitations is a material inducement to Active Interest Media to permit you to access the Web Site. Your use of the Web Site, and the obligations and liabilities of Active Interest Media in respect of your use of the Web Site, is expressly limited as follows:
a) Third Party Information. The Web Site may from time to time display the content, services, map services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Web Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by Active Interest Media on behalf of or any third party. In addition, Active Interest Media does not endorse, warrant or otherwise guarantee the substance of any information or services provided by third parties. Active Interest Media shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party Web Sites accessed from the Web Site or Web Sites that have links to the Web Site. Access to third party Web Sites from the Web Site is done at your own risk.
Although Active Interest Media has attempted to provide accurate information on this Site, Active Interest Media assumes no responsibility for the accuracy of the information or Services; nor does Active Interest Media warrant that the information or Services are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Your use of this Site is at your sole risk. Mention of non-Active Interest Media products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
b) DISCLAIMER OF WARRANTIES. THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. ACTIVE INTEREST MEDIA DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
c) LIMITATION OF LIABILITY. ACTIVE INTEREST MEDIA FURNISHES AND YOU ACCEPT THE SERVICES AND THIS SITE ON AN "AS-IS, AS AVAILABLE" BASIS WITH NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EXPLICITLY DISCLAIMING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SECURITY, AND INFRINGEMENT, REGARDING THE SERVICE TO YOU, OR ANY THIRD PARTY. TO THE EXTENT ACTIVE INTEREST MEDIA PROVIDES ACCESS TO INFORMATION AND MATERIALS PROVIDED BY OTHER SOURCES, ACTIVE INTEREST MEDIA ACCEPTS NO LIABILITY FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT THEREOF.
IN NO EVENT SHALL ACTIVE INTEREST MEDIA OR ANY THIRD PARTY CONTRIBUTING, INCLUDING MAP DATA AND READER-SUBMITTED PROVIDERS TO THE SERVICES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, OR ANY OTHER PECUNIARY LOSS), EVEN IF TRIMBLE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ALL RISK OF USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE RISK OF ACCIDENTS BY USING THE SERVICES WHILE OPERATING A MOVING VEHICLE.
THE SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS OR INTERCEPTORS. YOU AGREE THAT ACTIVE INTEREST MEDIA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LACK OF PRIVACY OR SECURITY.
d) Indemnification. You agree to indemnify and hold harmless Active Interest Media from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of these Terms and Conditions.
e) Network Coverage, GPS Satellites, Interruption of Service. You acknowledge that the Services and network access are subject to transmission limitations caused by a variety of factors such as atmospheric conditions, topographical obstructions, limitations or lack of coverage of the underlying carrier service and other natural or manmade conditions. Additionally, motor and ignition noise, metal shielding, interference by users of the same or adjacent radio channels may limit or interfere with coverage. You further acknowledge that Active Interest Media is not responsible for the operation or failure of operation of GPS satellites or the availability of GPS satellite signals.
