1.

THE USER'S ACCESS TO AND USE OF THIS WEBSITE IS AT THE SOLE RISK OF THE USER.  THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ITS CONTENTS, FUNCTIONALITY, PERFORMANCE AND FEATURES) IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, FOR THE USER'S PERSONAL USE ONLY AND KENFAIR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY OR COMMITMENT THAT ACCESS OR USE WILL BE UNINTERRUPTED OR ERROR FREE) ARE EXPRESSLY EXCLUDED.  

 
2.

ACCORDINGLY, SUBJECT ONLY TO CLAUSE 10.4, KENFAIR SHALL NOT BE LIABLE FOR ANY LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF ITS USE OF OR INABILITY TO ACCESS THE WEBSITE.  IT SHALL BE THE USER'S RESPONSIBILITY TO MAKE ALL NECESSARY COPIES AND BACKUPS OF ANY INFORMATION OBTAINED OR AVAILABLE FROM THE WEBSITE. ACCORDINGLY, SUBJECT TO CLAUSE 10.4, THE USER AGREES NOT TO BRING A CLAIM OF ANY NATURE AGAINST KENFAIR IN RELATION TO THE USER'S USE OF OR ACCESS TO THE WEBSITE EXCEPT WHERE SUCH A CLAIM CANNOT BE EXCLUDED BY LAW. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, KENFAIR'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE USER ACKNOWLEDGES AND AGREES THAT KENFAIR WILL HAVE THE RIGHT (SUBJECT TO THE DISCRETION OF THE COURT) TO A STAY OF PROCEEDINGS IF THE USER BRINGS ANY CLAIM AGAINST KENFAIR IN BREACH OF THE FOREGOING.

 
3.

KENFAIR DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE OR THE WEBSITE. KENFAIR IS NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN THE USER AND ANY THIRD PARTY.

 
4.

Kenfair accepts liability without limit for death or personal injury caused by its negligence, any fraudulent pre-contractual misrepresentations made by it on which the User can be shown to have relied, and for any other form of liability which cannot legally be limited or excluded.

 
5. Neither Kenfair nor any of its affiliates shall guarantee, represent or warrant or assume any responsibility that:
 
5.1  the information on the Website is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
5.2 the information on the Website is free of defect, error, omission, virus or anything which may change, erase, add to or damage the User's software, data or equipment;
5.3

messages sent through the internet will be free from interception, corruption or loss;

5.4

access to the Website will be available or be uninterrupted; or

5.5

defects in the Website will be corrected.

6. In no event will Kenfair or its affiliates be liable to the User or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, any information on the Website, even if Kenfair or its affiliates have been advised of the possibility of such damages.
7. The User will exercise and rely solely on its own skill and judgment in its use and interpretation of any information on the Website. The User is responsible to ensure that its use of the information complies with all applicable legal requirements.