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17. DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
BLUEHYPPO EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b. BLUEHYPPO MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM BLUEHYPPO
OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUEHYPPO
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF BLUEHYPPO
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
19. EXCLUSIONS
AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL
ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
If you intend to create or join any service,
receive or request any news, messages, alerts
or other information from the Service concerning
companies, stock quotes, investments or securities,
please read the above Sections 17 and 18 again.
They go doubly for you. In addition, for this
type of information particularly, the phrase
"Let the investor beware" is apt.
The Service is provided for informational
purposes only, and no Content included in
the Service is intended for trading or investing
purposes. BlueHyppo shall not be responsible
or liable for the accuracy, usefulness or
availability of any information transmitted
or made available via the Service, and shall
not be responsible or liable for any trading
or investment decisions made based on such
information.
21. NOTICE
Notices to you may be made via email. The
Service may also provide notices of changes
to the TOS or other matters by displaying
notices or links to notices to you generally
on the Service.
22. TRADEMARK
INFORMATION
BlueHyppo, the BlueHyppo logo, BlueHyppo in
any language or characters including English,
Permission Marketing, trademarks and service
marks, and other BlueHyppo logos and product
and service names are trademarks of BlueHyppo
(the "BlueHyppo Marks"). Without
BlueHyppo's prior permission, you agree not
to display or use in any manner, the BlueHyppo
Marks.
23. COPYRIGHTS
and COPYRIGHT AGENTS
BlueHyppo respects the intellectual property
of others, and we ask our users to do the
same. If you believe that your work has been
copied in a way that constitutes copyright
infringement, please provide to BlueHyppo
the following information:
1. an electronic or physical signature of
the person authorized to act on behalf of
the owner of the copyright interest;
2. a description of the copyrighted work
that you claim has been infringed;
3. a description of where the material that
you claim is infringing is located on the
site;
4. your address, telephone number, and email
address;
5. a statement by you that you have a good
faith belief that the disputed use is not
authorized by the copyright owner, its agent,
or the law;
6. a statement by you, made under penalty
of perjury, that the above information in
your Notice is accurate and that you are the
copyright owner or authorized to act on the
copyright owner's behalf.
BlueHyppo's representative for Notice of
claims of copyright infringement on its site
is webmaster who can be reached as follows:
Portal Business,
TM Net Sdn. Bhd. (Formerly known as Multimedia
Management Sdn. Bhd.)
3/F, TM IT Complex,
3300 Lingkaran Usahawan 1 Timur,
63000 Cyberjaya, Selangor Darul Ehsan, Malaysia.
Fax: +603-8318 8324
Email: webmaster@bluehyppo.com.my
24. GENERAL
INFORMATION
The TOS constitute the entire agreement between
you and BlueHyppo and govern your use of the
Service, superceding any prior agreements
between you and BlueHyppo. You also may be
subject to additional terms and conditions
that may apply when you use affiliate services,
third-party content or third-party software.
The TOS and the relationship between you and
BlueHyppo shall be governed by the laws of
Malaysia without regard to its conflict of
law provisions. You and BlueHyppo agree to
submit to the personal and exclusive jurisdiction
of the courts located within Malaysia. The
failure of BlueHyppo to exercise or enforce
any right or provision of the TOS shall not
constitute a waiver of such right or provision.
If any provision of the TOS is found by a
court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court
should endeavor to give effect to the parties'
intentions as reflected in the provision,
and the other provisions of the TOS remain
in full force and effect. You agree that regardless
of any statute or law to the contrary, any
claim or cause of action arising out of or
related to use of the Service or the TOS must
be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the TOS are for convenience
only and have no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to
our Customer Assistance Group.
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