Site Warranties


1.   Introduction

This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, exemplary, punitive and consequential damages, loss of use, programs or data, income or profit, loss or damage to property, personal injury, death, and claims of third parties, whether or not foreseeable or whether or not Graphene has been advised of the possibility of such damages.

You agree that your exclusive and sole remedy is to stop using the website, the services, the materials and the software.  You expressly agree and understand that, to the maximum extent permitted by applicable law, the use of the website, the Services, Materials or Technologies is at your sole risk.   

2.   "As is, Where is, as Available" Basis

2.1   The website, services, materials and software are provided on an "as is, where is, as available" basis. Graphene makes no representations or warranties of any kind, express, implied, statutory or otherwise, with respect to the website, its contents, the services, the software, or the materials. 

2.2   Graphene® disclaims all warranties, express, implied, statutory or otherwise, including, but not limited to, merchantability and fitness for a particular purpose.  

You expressly acknowledge and agree that: 

  • there are no warranties or representations made regarding the website, its contents, the services or materials, including without limitation how current it is, its accuracy, its completeness, its availability, its security, that defects will be corrected or that the website, any hyperlinked website, or the servers upon which they reside is free of viruses or other harmful components; 
  • the website, services, materials or software will meet your requirements or will be uninterrupted, timely, secure or error-free; 
  • the results that may be obtained from the use of the website, services, materials or software will be effective, accurate or reliable; 
  • the quality of the website, services, materials or software will meet your expectations; 
  • any errors or defects in the website, services, materials or software will be corrected; 
  • as a service to users of the website Graphene includes links to other websites that Graphene has no control over, and makes no endorsements or representations of any kind regarding the products, services, business practices, content or appropriateness of content on such websites, and you hereby irrevocably waive any claim against Graphene with respect to such websites. no advice or information, whether oral or written, obtained by you from Graphene or through or from use of the website, services, materials or software shall create any warranty not expressly stated in these terms of use. 
  • The website, services, materials and software could include technical inaccuracies or typographical errors. changes are periodically added to the information herein;
  • Graphene may make improvements and/or changes in the website, services, materials or software at any time.

3.   Disclaimer


  • disclaims any liability with regard to any actions resulting from your use of or participation in any services, and your use of materials. any material downloaded or otherwise obtained through use of the services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 
  • assumes no liability for any computer virus or similar code that is downloaded to your computer from any of the services.  Graphene does not control, endorse or accept responsibility for any materials or services offered by third parties accessible through the services or through linked sites. 
  • makes no representations or warranties whatsoever about, and shall not be liable for, any such third parties, their materials or services. any dealings that you may have with such third parties are at your own risk. managers, hosts, participants, moderators and other third parties are not authorized Graphene spokespersons, and their views do not necessarily reflect those of Graphene.   
  • disclaims all liability related to submitted information: its misuse, loss, modification or unavailability of any submitted information, liability arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. 
  • shall not be liable for any loss that you may incur as a result of someone else using your password or account or account information in connection with the website, services, materials or software, either with or without your knowledge.
  • or any of its directors, employees, agents, affiliates, suppliers or other representatives will be liable to you or any third party for damages, claims, expenses or other costs (including without limitation legal fees) arising out of or in connection with the use of, or inability to use, the website or any information contained on it, any hyperlinked website, the services, the materials or the software.   
  • will not be held responsible for updating statements issued in the future tense.  Some webpages contain statements in the future tense based on the beliefs of the Graphene management.  With the use of such words as "expect", "estimate", "count on", "intend to" and "plan" on these pages, are intended to identify statements based on future events. These statements show Graphene perspective with regard to future events and are liable to errors and risks. Many influences can result in the actual results differing greatly from the previously issued statements. Included in these influences are changes in the general economic and business conditions, changes in the exchange and interest rates, the introduction of competitors products, insufficient acceptance of new products and services and changes in the corporate strategy.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, warranty, tort, negligence or any other cause of action or theory of liability.

4.   Jurisdictions

4.1   Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, or the exclusion or limitation of liability for incidental, consequential or punitive damages, so the above limitations may not apply to you.   

4.2   To the greatest extent permitted by law, Graphene's aggregate liability and that of its directors, employees, agents, affiliates or other representatives under or in connection with the website, services, materials, software and these terms of use shall be limited to one hundred euro (100 €) or the aggregate amount paid by you for access to the service, whichever is larger.  This limitation will apply even if Graphene has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

5.   Time limit

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Graphene's Services, Materials or Technologies or the Terms of Use of the Services, must be filed within 3 (three) months, after such claim or cause of action arose or be forever barred.

Last updated Jan. 5, 2019

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