15. DISCLAIMERS

15.1. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY EVEN, THE SITE, EVEN CONTENT, AND RELEASES LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. EVEN (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL: (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

15.2. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SITE. EVEN DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

15.3. WHILE EVEN ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND EVEN CONTENT SAFE, EVEN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, EVEN CONTENT, ANY RELEASE LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

15.4. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF RELEASES, INCLUDING ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (1) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) CORRUPTED WALLET FILES; (4) UNAUTHORIZED ACCESS TO APPLICATIONS; (5) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR RELEASES; OR (6) ANY INFRINGING LICENSOR CONTENT INCLUDED IN RELEASES.


15.5. RELEASES ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE POLYGON NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE POLYGON PLATFORM. WE DO NOT GUARANTEE THAT EVEN OR ANY AFFILIATED PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY RELEASES.


15.6. EVEN is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, Smart Contract), blockchains, or any other features of Releases. EVEN is not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting Releases including forks, technical node issues or any other issues having fund losses as a result.


15.7. Nothing in these Terms of Use shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded under applicable law.

15.8. TO THE FULLEST EXTENT PROVIDED BY LAW, EVEN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN.

15.9. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.