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Warranty and Disclaimer
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Warranty and Disclaimer
College Rules Educational Services, LLC (CRES) warrants that consultation will be provided in a professional manner, and in conformity with generally prevailing industry standards. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE EFFECTIVE DATE OF CONSULTANT'S WORK.
Limitation of Remedies
Client's sole and exclusive remedy for any claim against CRES with respect to the quality of Consultant's Work shall be the correction by CRES of any material defects or deficiencies therein, of which CRES is notified in writing within ninety (90) days after the completion of that portion of Consultant's Work. In the absence of any such notice, Consultant's Work shall be deemed satisfactory to and accepted by Client.
Limitation of Liability
In no event shall CRES be liable for any loss of profit or revenue by Client, or for any other consequential, incidental, indirect or economic damages incurred or suffered by Client arising as a result of or related to Consultant's Work, whether in contract, tort, or otherwise, even if Client has advised of the possibility of such loss or damages. Client further agrees that the total liability of CRES for all claims of any kind arising as a result of or related to this Agreement, or to any act or omission of CRES, whether in contract, tort or otherwise, shall not exceed an amount equal to the amount actually paid by Client to CRES for Consultant's Work during the twelve (12) month period preceding the date the claim arises. Client shall indemnify and hold CRES harmless against any claims by third parties, including all costs, expenses and attorneys' fees incurred by CRES therein, arising out of or in conjunction with Client's performance.
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