2. Insightful Corporation makes no representation or promise that the software used to generate the index will be made commercially available in its current form, if at all, or that the results of such software if and when released will be similar to the results displayed on this website.

3. All content posted to this website is subject to and may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User is responsible for complying with all such laws. Except as specifically authorized in writing by Insightful, any use, modification, copying, reproduction, or retransmission of the index entries or structure is strictly prohibited.

4. User agrees to indemnify, defend, and hold harmless Insightful; its parent, affiliates, and subsidiaries; and their respective officers, directors, employees, consultants, and agents from any and all third-party claims, liability, damages, and costs (including, without limitation, reasonable attorneys' fees and expenses) arising from User's use of this site or its content, User's violation of these Terms of Use, or User's infringement or from infringement by any other user of User's account, of any intellectual property, or of any other rights of any person or entity.

5. No Warranty USER UNDERSTANDS AND AGREES THAT THE WEB SITE AND ANY CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." INSIGHTFUL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. INSIGHTFUL MAKES NO WARRANTY OR REPRESENTATION REGARDING INSIGHTFUL'S PRODUCTS OR THE INDEX ENTRIES; ANY INFORMATION, MATERIALS, GOODS, OR SERVICES OBTAINED THROUGH THIS WEB SITE; OR WHETHER INDEX OR ANY INSIGHTFUL'S PRODUCTS OR SERVICES WILL MEET ANY USER REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF THIS WEBSITE IS AT USER'S SOLE RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER RESULTING FROM THE USE OF SUCH SITE OR CONTENT. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to User. In that event, such warranties are limited to the minimum warranties/warranty period allowed by the applicable law.

6. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INSIGHTFUL OR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE OR THE INDEX, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL THEORY, EVEN IF INSIGHTFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, INSIGHTFUL'S MAXIMUM CUMULATIVE LIABILITY AND USER'S EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF USE WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY USER TO USE THE WEBSITE. Because some states and jurisdictions do not allow limitation of liability in certain instances, portions of the above limitation may not apply to User.

7. The waiver of any one breach, default, or right granted under these Terms of Use will not constitute the waiver of any subsequent breach, default, or right granted. Any provision of these Terms of Use held to be illegal or unenforceable will be deemed amended to conform to applicable laws or regulations, or if it cannot be so amended without materially altering the intention of the parties, it will be stricken and the remainder of these Terms of Use will continue in full force and effect.

8. These Terms of Use shall be governed by and construed under the laws of the State of Washington, exclusive of its choice of law principles. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving King County, Washington.