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Your use of any Software Application available on this portion of the Service (each, an “Imagine App”) shall be subject to the terms and conditions of the Imagine Trading System – Derivatives.com User Agreement between you and Imagine, including its limitations of liability and disclaimers, and each Imagine App shall be deemed a part of the Service, as defined therein.  Each Imagine App is provided “as is" without warranty of any kind, either expressed or implied, including, without limitation, any implied warranties of title, merchantability and fitness for a particular purpose. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT IMAGINE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LIABILITIES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST PROFITS, LOSS OF SECURITIES VALUE, LOSS OF USE, LOSS OF DATA, CLAIMS OF THIRD PARTIES OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM OR RELATING IN ANY WAY TO THE IMAGINE WEBSITE, THE INFORMATION AND DATA ON THE IMAGINE WEBSITE, THE USE OF OR INABILITY TO USE THE SERVICE, OR THE PROVISION OF OR FAILURE TO PROVIDE TRAINING OR SUPPORT SERVICES, EVEN IF IMAGINE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

By accessing and/or using any Imagine App, you are considered to have read this disclaimer and agreed to its terms.