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SOUNDNINE INC. SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL SOUNDNINE INC. BE LIABLE FOR DAMAGES, INCLUDING SPECIAL, INCIDENTIAL, INDIRECT OR CONSEQUENTIAL, LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH USE OR PERFORMANCE OF THESE WEBSITE MATERIALS.