You are granted a non-exclusive, personal, revocable, non- transferable license to use the Skill on the device for which it is provided and that you own or control, subject to any terms of service, usage rules, or other terms and conditions provided by Amazon and/or any other the Third Party (as defined below), as applicable. You agree to use the Skill, and all related software provided to you by Paesaggio, solely to access and use the services of Paesaggio and agree not to modify, decompile, reverse engineer, or create derivative works of the Skill. You hereby represent and warrant (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Using the Skill to Interact with Paesaggio. Paesaggio treats all communications coming from Alexa through the Skill as originating from you or an authorized representative of you regardless of who actually initiates the interaction or vocal command. You should be aware of your surroundings as vocal commands can be overheard by those nearby. You are responsible for vocal commands and other data transmitted, and products or services obtained, through the use of the Skill, including in the case of any unauthorized access by a third party. You understand that Amazon anonymizes your user ID and information communicated through Alexa, and that this means that if you contact Paesaggio for support, Paesaggio will not know the interactions you have had with the Skill in advance of your request for support.
Pilot Program. Paesaggio is making the Skill available as an early-release pilot program to test the operation and effectiveness of the Skill. You acknowledge that the Skill is experimental and has not been fully tested and that your use of the Skill may be interrupted and/or result in errors, such as failures in voice recognition and misunderstandings of vocal commands. You agree that Paesaggio and Amazon are not responsible for any inaccuracies that result from use of the Skill. If you are unsure about the accuracy of any information delivered by this Skill or interaction through using it, please contact Paesaggio to confirm via the Paesaggio website. You understand that Paesaggio welcomes and may seek your feedback on the Skill. All feedback provided by you shall be considered Paesaggio intellectual property and owned by Paesaggio.
Third Parties and Third Party Components. Amazon, your internet service provider, wireless carrier, and any other third parties who provide content or services that are part of, available through, or required to be used in order to use, the Skill or future enhancements are referred to in these Terms as “Third Parties.” Content and services contained in the Skill and any future enhancements provided by Third Parties are referred to as “Third Party Components.” The Third Parties are not parties to these Terms and they do not own and are not responsible for the Skill. The Third Parties are not providing any warranty for the Skill. They are not responsible for maintenance or other support services for it and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Skill for purposes of your Paesaggio contract(s), if you have one. You acknowledge and agree that the Third Parties and their subsidiaries, are third party beneficiaries of these Terms and that, upon your acceptance of these Terms , they will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. Third Party Components are provided to you under terms and conditions which are different from these Terms or which require Paesaggio to provide you with certain notices and/or information. Your use of each Third Party Component will be subject to those other terms and conditions. PAESAGGIO MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH REGARD TO ANY THIRD-PARTY COMPONENTS. ALL THIRD-PARTY COMPONENTS ARE PROVIDED "AS-IS," WITHOUT WARRANTIES OF ANY KIND. IN NO EVENT WILL PAESAGGIO BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE THIRD PARTY COMPONENTS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Information Provided Through the Skill. Information provided through the Skill (“Information”) includes information that has been independently obtained by Third Parties, such as various securities markets, stock exchanges and their affiliates, and other outside sources. The accuracy, completeness, timeliness or correct sequencing of all Information is not guaranteed by Paesaggio, the Third Parties or any parties transmitting or providing the Information. There may be delays, omissions or inaccuracies in the Information. The Information is provided solely as a resource to you and is not intended, and should not to be construed as an endorsement, recommendation, investment advice or an offer or solicitation to any person or entity to buy or sell securities of any kind. You agree that any and all purchases and sales of securities must be made through Paesaggio by means other than the Skill, and are subject to the terms and conditions of Paesaggio’s agreement(s) or contract(s) with you separate from these Terms.
DISCLAIMER OF WARRANTIES. THE SKILL IS PROVIDED ON AN "AS-AVAILABLE," "AS-IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAESAGGIO AND ITS AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SKILL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. PAESAGGIO DOES NOT WARRANT THE SKILL WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SKILL WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SKILL CAN OR WILL BE CORRECTED.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PAESAGGIO AND ITS AFFILIATES, AGENTS, AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR DIRECT DAMAGES, OR ANY OTHER DAMAGES, WHICH SHALL INCLUDE, WITHOUT LIMITATION, LOST DATA, AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE SKILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE). IN ANY CASE, THE ENTIRE LIABILITY OF PAESAGGIO AND ITS AFFILIATES, AGENTS, AND LICENSORS UNDER THIS AGREEMENT FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE LIMITED TO FIVE DOLLARS ($5.00).
YOU AGREE (1) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SKILL AND PAESAGGIO'S SERVICES IN CONNECTION WITH THE SKILL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (2) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS, THE SKILL, OR PAESAGGIO'S SERVICES IN CONNECTION WITH THE SKILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (3) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL NOT EXCEED FIVE DOLLARS ($5.00); AND (4) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE SKILL, PAESAGGIO'S SERVICES IN CONNECTION WITH THE SKILL, YOUR USE OF THE SKILL, AND THESE TERMS.
Copyrights, Trademarks, Etc. All content, trademarks (including but not limited to sound trademarks), services marks, trade names, logos, and icons are proprietary to Paesaggio, its affiliates, agents or licensors. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Skill.
General These Terms are governed by and construed in accordance with the laws of the State of Delaware, as applied to agreements entered into and wholly performed within the State of Delaware between Delaware residents. Any action or proceeding brought by either party hereto shall be brought only in a state or federal court of competent jurisdiction located in Dover, Delaware and the parties submit to personal jurisdiction of those courts for purposes of any action or proceeding. These Terms, including your Paesaggio contract or service agreement, if applicable as provided above, constitute the entire understanding and agreement between you and Paesaggio with respect to the Skill and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of these Terms, all of which are merged in these Terms. These Terms may be modified, altered or amended only as provided above. In the event any provision of these Terms is found invalid or unenforceable pursuant to judicial decree, the remainder of these Terms will remain valid and enforceable according its provisions. Any failure by Paesaggio to strictly enforce any provision of these Terms will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of these Terms. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.
Risk Disclosure. Transactions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet.