IN NO EVENT WILL Learnetic SA BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Learnetic SA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, Learnetic SA LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Learnetic SA makes no representations whatsoever about any other web site which you may access through this one or which may link to the Site. When you access a NON-https://www.learnetic.com web site, please understand that it is independent from Learnetic SA, and that Learnetic SA has no control over the content on that web site. In addition, a link to the https://www.learnetic.com web site does not mean that Learnetic SA endorses or accepts any responsibility for the content or the use of such web site.
You agree to indemnify, defend and hold harmless Learnetic SA, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Learnetic SA and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement shall be governed and construed in accordance with the laws of Poland applicable to agreements made and to be performed in Poland. You agree that any legal action or proceeding between Learnetic SA and you for any purpose concerning this agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Poland.
Any legal action or claim you may pursue with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Learnetic’s SA failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
Any rights not expressly granted herein are reserved.