(B) HIGHERGROUND Online is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms.

(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that HIGHERGROUND is not liable for the defamatory, offensive or illegal conduct of other users or visitors of HIGHERGROUND Online or third parties and that the risk of injury from the foregoing rests entirely with you.

(D) In no event will HIGHERGROUND Online, or any person or entity involved in creating, producing or distributing HIGHERGROUND Online, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use HIGHERGROUND Online. You hereby acknowledge that the provisions of this Section 5 shall apply to all content on HIGHERGROUND Online.

(E) In addition to the terms set forth above, neither HIGHERGROUND Online, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within HIGHERGROUND Online, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature including, but not limited to, lost profits, punitive or consequential damages. Neither HIGHERGROUND Online, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

(F) HIGHERGROUND makes reasonable efforts to protect personally identifiable information about YOU, as explained in its Online Privacy Policy below, but HIGHERGROUND disclaims any and all liability of any kind for any unauthorized access to or use of YOUR personally identifiable information. By accessing HIGHERGROUND Online, YOU acknowledge and agree to HIGHERGROUND's disclaimer of any such liability. If you do not agree, YOU should not access or use HIGHERGROUND Online.