Content, Message Boards, and Ownership
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You agree to use commercially reasonable care (but in no case less care than it uses to protect its own Confidential Information) to prevent the disclosure of the Confidential Information to any third party. You may disclose Confidential Information to the extent that such disclosure is required by law or valid order of a court or other governmental authority; provided, however, that you first have given sufficient and prompt written notice to Omniture of the receipt of any subpoena or other request for such disclosure; and shall have made a reasonable effort to obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued.
Limitations on Liability
OMNITURE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SUBSCRIPTION SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT OMNITURE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Disclaimer of Warranties
Your access to and use of the Subscription Services is at your own risk. Omniture will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Subscription Services. Omniture does not guarantee the accuracy or validity of any Content. Omniture is not responsible for any Content disseminated through the message boards. THE SUBSCRIPTION SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OMNITURE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
OMNITURE MAKES NO WARRANTY THAT THE SITE, APPLICATIONS, CONTENT OR ANY PAY-PER-CLICK WEBSITE OR INTERFACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OMNITURE MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY DATA OR INFORMATION OBTAINED THROUGH THE SUBSCRIPTION SERVICES.
YOU UNDERSTAND AND AGREE THAT OMNITURE IS NOT RESPONSIBLE FOR THE FUNCTIONALITY OF SEARCH ENGINE PAY-PER-CLICK WEB SITES OR INTERFACES AND THAT, WHILE OMNITURE SEARCH ENGINE MANAGEMENT SERVICES WILL SUBMIT CHANGES TO CERTAIN SEARCH ENGINES ON YOUR BEHALF, OMNITURE CANNOT GUARANTEE THAT A SEARCH ENGINE WILL MAKE THOSE SUBMITTED CHANGES IN A TIMELY MANNER, OR AT ALL.
Controlling Law and Jurisdiction