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Disclaimer 

 DISCLAIMER OF LATIN MARKETING & COMMUNICATION CORP. TOLL FREE NUMBER NETWORK & WEBSITE  HOSTING  D/b/a 1-800-FIND WORK tm “LMCC”)

1.     CUSTOMER IS AWARE THAT THE SERVICE BEING PROVIDED IS SUBJECT TO THE PROPER OPERATION OF COMPUTER BASED TECHNICAL ROUTING PROGRAMS.  ALTHOUGH REASONABLY ACCURATE AND RELIABLE, NO COMPUTER BASED PROGRAM IS 100% RELIABLE AND LMCC MAKES NO SUCH REPRESENTATION AS TO RELIABILITY.  ADDITIONALLY, THE FUNCTIONALITY OF THE PROGRAM ALSO RELIES UPON THE FUNCTIONALITY OF EQUIPMENT SUCH AS CENTRAL OFFICE SWITCHING FACILITIES MAINTAINED BY THE LOCAL TELEPHONE COMPANY OVER WHICH LMCC HAS NO CONTROL.  THE CUSTOMER ACKNOWLEDGES THAT LMCC MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE AVAILABILITY, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OF ANY CALLING OR ROUTING SERVICE.  FURTHERMORE LMCC MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPRETENESS, OR FITNESS FOR ANY PURPOSE OF THE SERVICE OR AS TO ANY OTHER MATTER ALL OF WHICH WARRANTIES BY LMCC ARE HEREBY EXCLUDED AND DISCLAIMED

2.     IN NO EVENT WILL LMCC BE LIABLE TO THE CUSTOMER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF CUSTOMER OR CLIENTS, LOSS OF GOODWILL, OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER.

3.     IN THE EVENT THAT ANY SERVICE AS PROVIDED BY LMCC, DOES NOT PERFORM IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS SPECIFIED IN THIS AGREEMENT AND CONTRACT, THEN THE CUSTOMER WILL NOT BE RESPONSIBLE FOR PAYMENT OF SUCH SERVICE BUREAU FEES FOR THAT PARTICULAR SERVICE, FOR THE TIME IN WHICH SUCH SERVICE WAS NOT AVAILABLE.

4.     CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS LMCC FROM AND AGAINST ANY AND ALL LOSS, COST CLAIM OR DAMAGE FROM THIRD PARTIES, HOWEVER ARISING AND TO DEFEND ALL ACTIONS, PAY ALL LEGAL FEES AND PAY ALL JUDGMENTS ARISING THEREFROM OR RELATED THERETO.

5.     Notwithstanding anything in the above to the contrary, the Customer shall have ten (10) days from the date of invoice, to dispute a charge by sending written notice to LMCC at 1(800) 827-3676 and any charge proven to be incorrect shall be credited to the Customer’s account.

6.     LMCC and the Customer acknowledge and agree that this Agreement and Contract contains the entire agreement between the parties with respect to the subject matter hereof and may be modified or amended only in writing signed by LMCC and the Customer.

7.     In the event LMCC and the Customer have a disagreement with the other relating to the interpretation of this Agreement or relating to any other conflict between LMCC and the Customer they both agree to submit the dispute to arbitration in accordance with the least expensive procedure of the American Arbitration Association of New York.  This Agreement is governed by and interpreted in accordance with the law of the State of New York.  Neither party shall be entitled to punitive or exemplary damages.

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