Any buyer purchasing the OpenJam's products or services expressly acknowledges technical and market uncertainties which are inherent in any business development project as presented in this WhitePaper (see also risk factors) and that this project may therefore never come to fruition or may have to be abandoned, without the JAM being used. In such a case, the buyer expressly acknowledges and accepts that it won't be entitled to sue or bring any direct or indirect legal action before the courts, the arbitration bodies or any alternative dispute settlement body, either in Luxembourg or abroad, against the companies, its directors, shareholders, employees or subcontractors in the event of the non-performance, non-deployment or non-implementation of the project, even in cases where its JAM wallet have lost some or all of their value.
In addition, techmedev sàrl or its subsidiaries may not be held liable for any of the following:
use of services that are not compliant with the applicable terms
non-performance, failure, malfunction or unavailability of the services due to a third party, the user, a third-party product, or the user’s breach of its obligations
indirect damages such as business loss or disturbance, loss of orders, operating loss, infringement of the trade mark, loss of profits or clients
loss, disclosure or unlawful or fraudulent use of user signons by third parties
suspension of access or temporary or permanent suspension of services (in particular, arising from a request issued by an appropriate administrative or judicial authority, or notification received from a third party)
loss, alteration or destruction of all or part of the content (information, data, applications, files or other items) hosted on the infrastructure, from the moment they are due to the action or default of a third party
mismatch between the services and the user’s needs
security incidents relating to use of Internet, concerning in particular the loss, alteration,destruction, disclosure or unauthorized access to the user’s data or details on or via the Internet network
damages to systems, applications and other items installed by third party on the infrastructure
in general, any action, negligence of a third party who acts without permission of techmedev sàrl or one of its subsidiaries and which causes any damage to the service, infrastructure, its content, its functioning
fortuitous events and force majeure which are not related to companies action and/or choices
The rules applying to the JAM could be extended to the LION if it is later developed.