DISCLAIMER OF WARRANTIES. ROGUE SUPPORT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE ROGUE PLATFORM OR ITS SERVER WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY INTRUSION OR DENIAL OF SERVICE ATTACKS), OR OTHERWISE MEET YOUR REQUIREMENTS. THE ROGUE PLATFORM AND ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ROGUE PLATFORM ARE PROVIDED BY ROGUE SUPPORT ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ROGUE SUPPORT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ROGUE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENT OR OTHER INFORMATION CONTAINED ON THE ROGUE PLATFORM, OR THAT EMAILS SENT FROM ROGUE SUPPORT ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ROGUE PLATFORM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ROGUE SUPPORT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE ROGUE PLATFORM AND THE ROGUE PLATFORM CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
LIMITED LIABILITY. IN NO EVENT SHALL ROGUE SUPPORT, OR ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, OR OTHER AGENTS BE LIABLE FOR: ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR GOODWILL OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES BY YOU) ARISING FROM THE USE OF THE ROGUE PLATFORM, THE CONTENT, OR ANY PRODUCT PURCHASED USING THE ROGUE PLATFORM (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); ANY FAILURE OF OR DELAY RELATING TO THE ROGUE PLATFORM THAT IS DUE TO THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, INTERNET SERVICE PROVIDERS, DATA CENTERS, SERVER HOSTING COMPANIES AND TELECOMMUNICATIONS COMPANIES; OR CREDIT CARD FRAUD COMMITTED AGAINST YOU BY ANY THIRD PARTY PROVIDER OF CREDIT CARD SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND ROGUE SUPPORT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ROGUE SUPPORT.
INDEMNIFICATION. AS AN EXPRESS CONDITION TO THE USE OF THE ROGUE PLATFORM, UNLESS PROHIBITED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ROGUE SUPPORT AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL THIRD PARTY ACTIONS THAT: (I) ARISE FROM YOUR USE OF THE ROGUE PLATFORM OR USE OF PRODUCTS PURCHASED FROM THE ROGUE PLATFORM; (II) ASSERT A VIOLATION BY YOU OF ANY TERM OF THIS AGREEMENT OR ANY STATE, LOCAL, FEDERAL OR INTERNATIONAL LAW OR REGULATION; OR (III) ASSERT THAT ANY INFORMATION OR CONTENT THAT YOU UPLOAD, TRANSFER, OR STORE USING THE ROGUE PLATFORM VIOLATES ANY LAW OR INFRINGES UPON ANY THIRD PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT. ROGUE SUPPORT RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION, IN WHICH EVENT YOU WILL COOPERATE IN ASSERTING ANY AVAILABLE DEFENSES.