17 - Disclaimer of Warranties

The User expressly understands and agrees that :

The Service is provided "AS IS" without warranty of any kind. HomeComm hereby disclaims all warranties and conditions with regard to the Service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall HomeComm be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages whatsoever including, without limitation, damages for loss of use, data, profits, or other intangible losses, arising out of or in any way connected with :

the use, delay or inability to use, or performance of, the Service, with the delay or inability to use the Service;

the provision of or failure to provide Service;

any goods, data, information, software products and related graphics obtained through the Service, or otherwise arising out of the use of the Service, or

unauthorized access to or alteration of the User's transactions or data, whether based on contract, tort, negligence, strict liability or otherwise, even if HomeComm had been advised of the possibility of damages. If the User is dissatisfied with any portion of the Service, or with any of the TOS, the User's sole and exclusive remedy is to discontinue using the Service.

HomeComm makes no warranty that

the Service will meet the User's requirements;
the Service will be uninterrupted, timely, secure or error-free;
the results that may be obtained from the Service will be accurate or reliable;
the quality of any products, Service, information or other material purchased or obtained by the User through the Service will meet the User's expectations, and
any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the Service is done at the User's own discretion and risk and the User will be solely responsible for any damage to the User's computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by the User from the Service shall create any warranty not expressly stated in the TOS.