Disclaimer of warranties and limitation of liability
BJCTA/MAX TRANSIT does not warrant that the Site will be available at any given time, secure, accurate, free of error, or free of viruses or other contamination. You use the Site at your own risk, and you assume the risk that the Site may provide incorrect information to you or your workers, as well as the risk that any material downloaded by you from the Site may cause loss of data or damage to your computer system. BJCTA/MAX TRANSIT is not responsible or liable for any viruses or other contamination of your system or for any delays, inaccuracies, errors or omissions arising out of your use of the site or with respect to the material contained on the site.
YOU AGREE THAT THE SERVICE IS PROVIDED TO YOU AS IS AND AS AVAILABLE WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL BJCTA/MAX TRANSIT OR ANY ADMINISTRATOR BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF BJCTA/MAX TRANSIT IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE. NOR SHALL BJCTA/MAX TRANSIT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM INACCURACIES, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, OMISSIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND BJCTA/MAX TRANSIT’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES.