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3. NO WARRANTY. THE MATERIALS AND THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. SeaBridge and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. SeaBridge may make changes to the Materials and the Site at any time without notice. SeaBridge makes no commitment to update the Materials or the Site. Neither SeaBridge nor its third-party suppliers or service providers warrant that the Site or associated server computers are free of viruses or other harmful components. You solely (and not SeaBridge) assume the entire cost of all necessary servicing, repair, or correction to your equipment, computers, software, or data resulting in any way from viewing or downloading the Materials or otherwise using the Site.

4. DISCLAIMER. IN NO EVENT SHALL SEABRIDGE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF SEABRIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5. USER SUBMISSIONS.

a. Except as otherwise expressly specified in our Privacy Statement, on our web site pages or in these Terms, any information, communications or materials that you post or transmit to the Site ("Communications") are, and will be treated as, non-confidential and non-proprietary, and shall forever be the exclusive property of SeaBridge. By transmitting or posting any Communications on the Site, you grant to SeaBridge or its designees a perpetual, royalty-free, fully paid-up world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the Communications and any and all information contained therein. SeaBridge and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

b. You may not post or transmit any unlawful, threatening, libelous defamatory, obscene, pornographic, indecent or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law or regulation.

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