Disclaimer For NewEra Protect

You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet or the Official Website USA will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. To the greatest extent provided by law, the Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website, its content, and any services or items obtained through the Website (including all Third-Party Materials) is at your own risk. The Website, its content, and any services or items obtained through the Website are provided “as is” and “as available,” without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company is making any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Neither the Company nor anyone associated with the Company represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

To the greatest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, noninfringement, and fitness for particular purpose, with respect to the Website, its content, all Third-Party Materials, and any items or services available through the Website.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability
To the greatest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with these Terms of Use, your use, or inability to use, the Website, any websites linked to it, any content on the Website or those other websites, any Third-Party Materials, or any services or items obtained through the Website or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable and notwithstanding the failure of any other remedy of its essential purpose. In addition, the Company is not liable for any spam emails that come from a third party claiming to be the Company or its owner. Nor will the Company be liable for any spam emails from third parties promoting our products. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, COMPANY IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF USE, IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR U.S. $100.00, WHICHEVER IS LESS.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification
You will defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these Terms of Use or applicable law;; or (ii) your use of the Website, including your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in this agreement or your use of any information obtained from the Website.

Governing Law and Jurisdiction
British Columbian law governs all matters relating to the Website, these Terms of Use, and any dispute or claim arising from or related to it (in each case, including non-contractual disputes or claims) without giving effect to any choice or conflict of law provision or rule (whether of British Columbia or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, this agreement or the Website not subject to arbitration will be instituted exclusively in the federal courts of Canada located in the province of British Columbia or the provincial courts of the province of British Columbia, although the Company may bring any suit, action, or proceeding against you for breach of this agreement in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.

Arbitration
At the Company’s sole discretion, it may require you to submit any disputes arising from this agreement or the use of the Website, including disputes arising from or concerning the interpretation, violation, invalidity, nonperformance, or termination of this agreement, to final and binding arbitration under the Canadian Arbitration Act, applying BC law.

Class Action Waiver
All claims arising out of or relating to this agreement or the Website must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator must not consolidate more than one person’s claims.

Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to this agreement or the Website must be commenced within one year after the cause of action accrues, otherwise, that cause of action or claim is permanently barred.

Waiver and Severability
No waiver by the Company of any term stated in this agreement will be deemed a further or continuing waiver of that term or a waiver of any other term, and any failure of the Company to assert a right or provision under this agreement will not constitute a waiver of that right or provision.

If any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of this agreement will continue in full effect.

Feedback
The Company encourages you to give feedback about the Company or the Website. But the Company will not treat as confidential any suggestion or idea you give, and nothing in this agreement will restrict the Company’s right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment or other consideration owed to you.