The Asquith Group Asia, Tokyo Japan Term and Conditions | Page 2

manner that will either hurt our reputation or our business reputation . This non-disparagement clause becomes effective immediately after you agree to our Terms of Service . The word “ disparage ” shall mean making comments to a person not a party to this agreement which would be actionable under legal principles of defamation or which materially cause damage to the reputation of a party to this agreement . In the event of any violation of this provision of the Agreement , you agree that a breach will cause irreparable damage to The Asquith Group . Therefore , if you breach this provisions we will be entitled to injunctive relief , without being required to post any bond , thus restraining you from violating or continuing to violate this Agreement .
Limitations on Liability
IN NO EVENT SHALL THE ASQUITH GROUP , ITS OFFICERS , DIRECTORS , EMPLOYEES , OR AGENTS , BE LIABLE TO YOU FOR ANY DIRECT , INDIRECT , INCIDENTAL , SPECIAL , PUNITIVE , OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ( I ) ERRORS , MISTAKES , OR INACCURACIES OF OUR SITE OR SERVICE , ( II ) PERSONAL INJURY , LOSSES OR PROPERTY DAMAGE , OF ANY NATURE WHATSOEVER , RESULTING FROM YOUR ACCESS TO AND USE OF OUR FINANCIAL SERVICES AND PRODUCTS , ( III ) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND / OR ANY AND ALL PERSONAL INFORMATION AND / OR FINANCIAL INFORMATION STORED THEREIN , ( IV ) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES , ( IV ) ANY BUGS , VIRUSES , TROJAN HORSES , OR THE LIKE , WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY , AND / OR ( V ) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR PRODUCTS MADE AVAILABLE VIA THE SERVICES , WHETHER BASED ON WARRANTY , CONTRACT , TORT , OR ANY OTHER LEGAL THEORY , AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION . IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR SERVICE , YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE . IN THE EVENT OF ANY PROBLEMS WITH OUR SERVICE , YOU AGREE OUR LIABILITY IS LIMITED TO THE LOWEST LEGALLY ALLOWED AMOUNT IF ANY . THE ASQUITH GROUP IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE , HARM , INJURY OR CLAIM THAT ARISES FROM YOUR USE OF ANY PRODUCTS PURCHASED FROM OUR SITE .
Representations and Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE . WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES . WE OFFER FINANCIAL SERVICES HOWEVER WE DO NOT AND WILL NOT GUARANTEE THE PROFITABILITY OF YOUR INVESTMENTS . YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES , FOR REASONS INCLUDING , BUT NOT LIMITED TO , FAILURE OF OUR SERVICE , NEGLIGENCE , OR ANY OTHER TORT . TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY , YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO , IF SUCH A MINIMUM EXISTS .
WE ARE NOT LIABLE FOR ANY FAILURE OF THE SERVICES OF OUR COMPANY OR A THIRD PARTY , INCLUDING ANY FAILURES OR DISRUPTIONS , UNTIMELY DELIVERY , SCHEDULED OR UNSCHEDULED , INTENTIONAL OR UNINTENTIONAL , ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY .
For Jurisdictions that do not allow us to limit our liability : Notwithstanding any provision of these Terms , if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law . Specifically , in those jurisdictions not allowed , we do not disclaim liability for : ( a ) death or personal injury caused by its negligence or that of any of its officers , employees or agents ; or ( b ) fraudulent misrepresentation ; or ( c ) any liability which it is not lawful to exclude either now or in the future .