11. Disclaimer And Non-Waiver of Rights
MOMFIT operated by Namasarte LLC makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any state in the United States. In such cases, the provincial law shall apply to the extent necessary.
MOMFIT operated by Namasarte LLC, its subsidiaries, affiliates, and its licensors do not warrant that:
a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and we choose not to immediately act, or choose not to act at all, MOMFIT operated by Namasarte LLC will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. MOMFIT operated by Namasarte LLC does not waive any of its rights. We shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.