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Client understands and agrees that (i) certain Services offered by SpotOn and its affiliates, partners, and vendors are delivered by third Third parties (“Third Party Providers”) or through the technology of third Third parties (“Third Party Technology”), (ii) SpotOn offers Services through the internet and through Third Party Providers and other third Third parties, including internet service providers, gateways, domain name registrars, Program Sites, and other social networking or third party Third Party sites or services (collectively, “Third Party Services”), and (iii) the Hardware provided hereunder that was sold, rented, or loaned to Client by SpotOn that is manufactured by a third party Third Party (“Third Party Devices”). Upon suspension of Client’s right to use some or all of the Services and/or the Third Party Services or expiration or termination of this Agreement, all amounts payable to any Third Party Providers shall become due and payable immediately. Client agrees that SpotOn is not responsible for the performance of the internet, any Third Party Providers, Third Party Technology, Third Party Services or Third Party Devices, or for the reliability, security, availability, compliance with law, or any other aspect of the internet, or any Third Party Providers, Third Party Technology, Third Party Services or Third Party Devices. CLIENT HEREBY RELEASES SPOTON FROM ANY DAMAGES CLIENT OR USERS MAY INCUR AS A RESULT OF USE OF (A) THE INTERNET; (B) ANY SPOTON TECHNOLOGY, (C) ANY SERVICES PROVIDED BY SPOTON; OR (D) ANY THIRD PARTY PROVIDERS, THIRD PARTY TECHNOLOGY, THIRD PARTY SERVICES, OR THIRD PARTY DEVICES. CLIENT AGREES NOT TO ASSERT ANY CLAIMS AGAINST SPOTON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (COLLECTIVELY, “ASSOCIATED PERSONS”) ARISING IN ANY WAY FROM USE OF THE INTERNET, ANY TECHNOLOGY, OR ANY THIRD PARTY PROVIDERS, THIRD PARTY TECHNOLOGY, THIRD PARTY SERVICES, OR THIRD PARTY DEVICESClient hereby releases SpotOn from any damages client or users may incur as a result of use of (a) the internet; (b) any SpotOn technology; (c) any services provided by SpotOn; or (d) any Third Party providers, Third Party technology, Third Party services, or Party devices. Client agrees not to assert any claims against SpotOn, its Officers, Directors, Employees, Agents, or Representatives (collectively, “associated persons”) arising in any way from the use of the internet, any technology, or any Third Party providers, Third Party technology, Third Party services, or Third Party devices. In connection with the foregoing release, Client hereby waives California Civil Code Section 1542, and any similar provision in any other jurisdiction. California Civil Code Section 1542 provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
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