1.1 The Website, all information on or available through the Website and the Facilities provided by MarkOn are made available to the Users "as is" and without any representation or warranty of any kind, either express or implied, including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, fitness for any particular purpose, completeness, title, compatibility, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, each to the extent permissible by applicable law.
1.2 Although MarkOn adopts security measures that it considers appropriate for the Website, it does not represent or warrant that the Website is immune from hacking, denial of service attacks, unauthorized access or other illegal subversion of these security measures that might impair the working of the Website, the availability of the Facilities or the integrity and confidentiality of User's personal and login information or accounts and MarkOn disclaims liability arising from any such acts or occurrences. Furthermore, while MarkOn takes reasonable precautions to avoid such eventualities, the User understands that communications through Internet are not always secure and agrees that MarkOn shall not be responsible for any unauthorized or illegal interception of e-mail or other communication to or from MarkOn.
1.3 Information and Facilities on the Website may be displayed and offered at the discretion of MarkOn. MarkOn shall have the right to, from time to time and in its discretion, introduce new information and Facilities and add to, modify, suspend or withdraw any information or Facility or the terms thereof in whole or in part without any prior notice. While MarkOn makes every endeavor to ensure that the Facilities are offered to a User without interruption or delay, continued provision of the Facilities may be impractical or impossible due to the failure of operational systems for reasons including but not limited to virus attacks, natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or network failure, system maintenance, software or hardware error, labor problems, strikes or any other reason beyond the control of MarkOn, and MarkOn provides no guarantee that any instructions or transactions will definitely be communicated, processed or performed (whether or not before a particular time) using the Website or the Facilities.
1.4 MarkOn has not verified and shall not be liable or responsible for any content or other information on the Website or on web-sites linked to or with the Website.
1.5 MarkOn operates and offers the Website and the Facilities strictly on a no-liability and no-obligation basis as regards MarkOn, and MarkOn shall not be liable to the User or any other third party for any claim for direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including, without limitation, loss of profits, loss or corruption of data, loss of profit or goodwill, work stoppage, computer failure or malfunction, or interruption of business) whether arising under contract, tort or any other theory arising out of or in connection with the Website, the inability to access the Website or any Facilities, products or services mentioned or advertised on or accessed or availed on or through the Website.
1.6 To the extent any of the disclaimers or limitations of liability in the Terms and Conditions are held to be unenforceable, the maximum liability of MarkOn to the User shall not exceed the amount of fees paid/payable by the User to MarkOn for the Facilities availed by the User through the Website.