Free Trial

if you register for a free trial of any of the services, we will provide such services to you on a trial basis, free of charge, until the end of the applicable free trial period for the service(s) you registered for; or until the start date of any subscription for the said service purchased by you; or until the termination of the trial by us, at our sole discretion the terms and conditions of the trial can be found on the trial registration page any additional terms and conditions will be incorporated into this agreement by reference and will have legal effect we recommend that you review the applicable documentation during the trial period to familiarize yourself with the features and functionalities of the services, according to the applicable service plans, before making your purchase any service data you enter into a service and any settings or customizations made in a service by you or for you during the free trial will be permanently lost unless you purchase a subscription for the same service as the trial, purchase the applicable service, or export such service data before the end of the trial period 1 limitation of liability if you register for a free trial of any of the services, we will provide such services to you on a trial basis, free of charge, until the end of the applicable free trial period, the start of any subscription for such service purchased by you, or the termination of the trial at our sole discretion the terms and conditions of the trial can be found on the trial registration page any additional terms and conditions are incorporated into this agreement by reference and have legal effect we recommend that you review the applicable documentation during the trial period to familiarize yourself with the features and functionalities of the services in the corresponding service plans before making your purchase any service data you enter into a service and any settings or customizations made in a service by you or for you during the free trial will be permanently lost unless you purchase a subscription for the same service as the trial, purchase the applicable service, or export such service data before the end of the trial period 2 representations, warranties, and disclaimers 2 1 warranties each party represents and warrants to the other that (a) this agreement has been duly signed and delivered and constitutes a valid and binding agreement enforceable against the respective party according to its terms; (b) no authorization or approval from any third party is required concerning the execution, delivery, or performance of this agreement by the respective party; and (c) the execution, delivery, and performance of this agreement do not and will not violate the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound 2 2 run2biz warranties run2biz warrants that, during an applicable subscription period, (a) this agreement and the documentation will accurately describe the administrative, physical, and technical protections applicable to the security, confidentiality, and integrity of the service data; and (b) the services will materially operate in accordance with the applicable documentation for any breach of a warranty in this section, the subscriber's exclusive remedies are those described in section 3 3 of this agreement the warranties contained herein do not apply to any misuse or unauthorized modification of the services by the subscriber, its agents, or its end users 2 3 disclaimers except as expressly provided in section 2 2, the websites and services, including any server and network component, are provided "as is" and "as available," without warranty of any kind, to the maximum extent permitted by law run2biz expressly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, title, fitness for a particular purpose, and non infringement you acknowledge that run2biz does not warrant that the services will be uninterrupted, timely, secure, error free, or free from viruses or other malicious software, and no information or guidance obtained by you from run2biz or through the services will create any warranty not expressly stated in this agreement 3 limitation of liability 3 1 exclusion of damages under no circumstances and under no legal theory (whether in contract, tort, negligence, or otherwise) shall the parties to this agreement, or their respective affiliates, officers, directors, employees, representatives, service providers, suppliers, or licensors, be liable to other parties or their affiliates for lost profits, sales, or business; loss of data (whether during transmission through their systems or via the internet, without fault of run2biz); lost revenues; reputational damages; costs of cover or replacement; or any other indirect, incidental, special, exemplary, consequential, or punitive damages or losses incurred by the other party or any affiliate associated with the execution of this agreement, the services, or professional services, regardless of whether the parties have been advised of the possibility or foreseeability of such damages 3 2 limitation of liability notwithstanding any contrary provision in this agreement, the aggregate liability of the my desk group to the subscriber, its affiliates, or any third party arising from this agreement, the services, or professional services shall in no event exceed the subscription charges and/or professional service fees paid by you during the twelve (12) months preceding the first event or occurrence giving rise to such liability the subscriber acknowledges and agrees that the essential purpose of this section 3 2 is to allocate risks under this agreement between the parties and limit potential liability, considering the subscription charges and professional service fees, which would have been substantially higher if run2biz assumed any liability other than that established herein run2biz has relied on these limitations to determine whether to provide the subscriber with access and use rights to the services and/or professional services as outlined in this agreement 3 3 total liability limitation the liability limitation set forth herein applies fully to any and all claims by the subscriber and its affiliates and shall not be cumulative 4 assignment, entire agreement, and modification 4 1 assignment except as permitted in this agreement, neither party may, directly or indirectly, by law or otherwise, assign all or any part of this agreement or the rights set forth herein, or delegate the performance of its obligations under this agreement, without the prior written consent of the other party, which consent shall not be unreasonably withheld subject to the above restrictions, this agreement shall be fully binding upon, benefit, and be enforceable by the parties and their respective successors and assigns 4 2 entire agreement this agreement constitutes the entire agreement and supersedes all prior agreements between the subscriber and run2biz concerning the subject matter of this agreement 4 3 modification run2biz may modify this agreement from time to time, in which case the new agreement will replace previous versions run2biz will notify the subscriber at least thirty (30) days before the effective date of any modification, and continued use of the services after the effective date of the modification may be deemed as the subscriber's consent to the modification