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?t <br />,ter, <br />1 <br />% <br />know and whom are bound by agreement or law to keep such information <br />confidential; (iii) as authorized by the other party in writing or (iv) to the <br />extent required by applicable law, court, or government agency, provided <br />that the receiving party promptly notifies the disclosing party thereof and <br />cooperates with any efforts by the disclosing party, at the disclosing <br />party's expense, to limit such disclosure by means of seeking a protective <br />order or requesting confidential treatment. <br />9. LINKS TO THIRD PARTY SITES. You may link to third party sites through the <br />use of the Product. The third party sites are not under the control of DMF <br />Holdings, and DMF Holdings is not responsible for the contents of any third party <br />sites, any links contained in third party sites, or any changes or updates to third <br />party sites. DMF Holdings is not responsible for webcasting, XML feeds, or any <br />other form of transmission received from any third party sites. DMF Holdings is <br />providing these links to third party sites to you only as a convenience, and the <br />inclusion of any link does not imply an endorsement by DMF Holdings of the third <br />party site. <br />10. LIMITED WARRANTY AND DISCLAIMER. <br />a. DMF Holdings warrants that, the BikeConnect system is in good functional <br />and operating condition and that hosting is provided within a Tier One data <br />center controlled by GoDaddy. Hosting has been consistent with <br />operations at 100% uptime since inception of the Product. Any hosting <br />interruption or server maintenance may occur from time to time. Back up <br />provisions for collocating has been created and should the primary URL <br />be made inaccessible due to equipment or communications failure, the <br />collocating site will be activated. This excludes any conditions caused by <br />ACTS of God or War. <br />b. DMF HOLDINGS AND ITS SUPPLIERS DISCLAIM ALL OTHER <br />WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, <br />IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF <br />MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. <br />DMF HOLDINGS DOES NOT WARRANT THAT THE PRODUCT IS <br />ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. <br />c. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT <br />TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN <br />DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. <br />d. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DMF <br />HOLDINGS, ITS DEALERS, DISTRIBUTORS, AGENTS OR <br />EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY <br />INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. <br />11. LIMITATION OF LIABILITY. <br />a. Except with regard to: (i) breach of confidentiality obligations; and (ii) any <br />costs associated with the defense, chosen by DMF Holdings, and <br />settlement, to the infringed upon party, of an intellectual property right <br />claim. <br />6C <br />4 <br />25H-55