3. Mobile Charges. You are responsible for payment of any costs or expenses incurred as aresult of downloading and using any Mobile App, including any operator network and roamingcharges. Please check with your service provider for details.
Mobile Apps; (iii) create Internet “links” to the Web Site or “frame” or “mirror” the Mobile Appsor Services on any other server or wireless or Internet-based device; (iv) reverse engineer oraccess the Mobile Apps or Services in order to (a) design or build a competitive product orservice, (b) design or build a product using similar ideas, features, functions or graphics of theServices or Mobile App or Services, or (c) copy any ideas, features, functions or graphics of theWeb Site, Services, or Mobile App, or (v) launch an automated program or script, including, butnot limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses orworms, or any program which may make multiple server requests per second, or undulyburdens or hinders the operation and/or performance of the Web Site, Services, or Mobile App.
5. ID Number, Password and Security. You are responsible for maintaining the confidentiality ofany user ID and/or password provided to you by ETSINC for use in connection with the WebSite, the Services, or the Mobile App. You are solely responsible for all activities that occurunder your user ID and/or password, and you agree to notify ETSINC immediately of anyunauthorized use of your user ID and/or password or any other breach of security related to theWeb Site, the Services, or the Mobile App. ETSINC WILL NOT BE LIABLE FOR ANY LOSS ORDAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID AND/ORPASSWORD OR TO COMPLY WITH THIS SECTION.
8. Third Party Applications. The Web Site, the Services, and the Mobile App may enable you tolink or connect you to use functionalities of third party applications, services or sites that arenot owned or controlled by ETSINC (“Third Party Applications”). Any Third Party Applicationsare subject to the terms and conditions of the relevant third party provider. ETSINC has nocontrol over and is not responsible or liable for any matters relating to your dealings ortransactions with such third parties and over any third party content, syndicated content,applications, services, sites, advertisements, links, privacy policies and/or practices of anysuch third parties that may be accessible via the Web Site, the Services, or the Mobile App. Itis your responsibility to check the privacy policies and terms of service and usage of all thirdparty sites that you visit prior to downloading or using any such Third Party Applications.
9. Warranty Disclaimer. THE WEB SITE, THE SERVICES, THE MOBILE APP AND ANYINFORMATION PROVIDED THROUGH THE WEB SITE, THE SERVICES, OR MOBILE APP,INCLUDING ANY THIRD PARTY APPLICATIONS OR THIRD PARTY PROVIDED INFORMATION,ARE PROVIDED BY ETSINC ON AN "AS IS" BASIS, AND NEITHER ETSINC NOR ITSSUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANYREPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THEOPERATION OF THE WEB SITE, THE SERVICES, OR THE MOBILE APP OR THEINFORMATION MADE AVAILABLE BY OR THROUGH THE WEB SITE, THE SERVICES, ORTHE MOBILE APP. IN ADDITION, ETSINC DISCLAIMS ALL WARRANTIES, EXPRESS ORIMPLIED, STATUTORY AND NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THEIMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, TITLE,QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT,OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE.NEITHER ETSINC NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS ORSUBCONTRACTORS WARRANTS THAT USE OF THE WEB SITE, THE SERVICES, OR THEMOBILE APP WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANYPARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BECORRECTED, OR THAT THE WEB SITE, THE SERVICES, OR THE MOBILE APP ARE FREE OFVIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. Some jurisdictions may notallow the exclusion of certain warranties, so some of the above exclusions may not apply toyou.
10. Limitation of Liability. IN NO EVENT WILL ETSINC, ANY OF ITS SUBSIDIARIES,PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS, INCLUDING THEIRRESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR INDIRECT,INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUTLIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESSINTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THESERVICES, OR THE MOBILE APP, OR ANY WEBSITES OR THIRD PARTY APPLICATIONSLINKED TO THE WEB SITE, THE SERVICES, OR THE MOBILE APP, WHETHER BASED ONCONTRACT, TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER ETSINCKNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ETSINC'SAGGREGATE LIABLITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THE WEBSITE, THE SERVICES, OR THE MOBILE APP (REGARDLESS OF THE CAUSE OF ACTION,WHETHER UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY) IS LIMITED TO THEGREATER OF (i) THE AMOUNT PAID BY THE USER TO ETSINC FOR THE SPECIFIC SERVICETHAT IS THE SUBJECT OF THE DISPUTE OR (ii) $50. THE FOREGOING LIMITATIONS OFLIABILITY ARE INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OFESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY. You acknowledge thatETSINC has agreed to provide the Web Site, the Services, and the Mobile App in reliance onthe exclusions of liability and disclaimers of warranty set forth herein. Some jurisdictions do notallow the limitation of incidental or consequential damages, so the above limitation may notapply to you.
19. Force Majeure. ETSINC shall not be responsible for damages caused by delay or failure toperform, in full or in part, any of its obligations in connection with the Web Site, the Services, orthe Mobile App provided that there is due diligence in attempted performance under thecircumstances and that such delay or failure is due to fire, earthquake, unusually severeweather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism,act of any public authority or sovereign government, civil disorder, delay or destruction causedby public carrier, or any other circumstance substantially beyond the control of ETSINC.