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SupportYou understand that we have no obligation to provide technical or other support for the USAT APIs We do however reserve wthe right at all times in our sole discretion to offer support for the USAT APIs If we elect to provide you with support for the USAT APIs we may in our sole discretion change suspend discontinue or terminate such support and/or any aspect of such support at any time without notice or liability to youFeesUSAT reserves the right to and may in its sole discretion decide to charge fees for use of or access to the USAT APIs or any portion thereof If USAT decides to charge a fee for use of or access to the USAT APIs such fees will be disclosed to you prior to USAT charging such fees to youModifications to or Discontinuation of the USAT APIsWe reserve the right at any time and from time to time to modify or discontinue (temporarily or permanently) the USAT APIs any individual USAT API or any portion thereof without notice or liability to you We also may impose limits on certain features and services or restrict your access to parts or all of the USAT APIs without notice or liability to youSuspension and Termination of AccessYou agree that in our sole discretion we may suspend or terminate your API key(s) your account (or any part thereof) and/or your use of any USAT APIs or any portion thereof at any time for any reason without notice to you You agree that we will not be liable to you or any third-party for any suspension or termination of your API key(s) account (or any part thereof) or use of any USAT APIs or any portion thereof In the event that we suspend or terminate your access to and/or use of any API key(s) account or any USAT APIs you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or terminationDisclaimersTHE USAT APIs AND ALL INFORMATION MATERIALS CONTENT DATA AND OUTPUT OFFERED THROUGH OR DISPLAYED BY THE USAT APIs AND ANY SUPPORT SERVICES THAT WE MAY OFFER ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WE DO NOT WARRANT THAT THE USAT APIs OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE THAT DEFECTS WILL BE CORRECTED OR THAT ANY PART OF THE USAT APIs THE API KEYS THE INFORMATION MATERIALS CONTENT DATA AND OUTPUT OFFERED THROUGH OR DISPLAYED BY THE USAT APIs OR THE SERVERS THAT MAKE THE USAT APIs AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSWE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE USAT APIs OR INFORMATION MATERIALS CONTENT DATA AND OUTPUT OFFERED THROUGH OR DISPLAYED BY THE USAT APIs OR ANY SUPPORT SERVICES THAT MAY BE PROVIDED IN TERMS OF THEIR CORRECTNESS ACCURACY TIMELINESS RELIABILITY OR OTHERWISEYou must provide and are solely 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SUPPORT SERVICES WE MAY PROVIDE EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES PARENT COMPANIES AND AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW) IF YOU ARE DISSATISFIED WITH THE USAT APIs OR ANY INFORMATION MATERIALS CONTENT DATA OR OUTPUT OF THE USAT APIs OR WITH ANY OF THE USAT APIs TERMS AND CONDITIONS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE USAT APIsIndemnificationYou agree to indemnify and hold harmless us our affiliates and each of our and their respective directors officers managers employees shareholders agents representatives and licensors from and against any and all losses expenses damages and costs including reasonable attorneys' fees that arise out of your use of the USAT APIs violation of these Terms of Use by you or any other person using your account or your API key(s) or your violation of any rights of another We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section In such event you agree to provide us with such cooperation as is reasonably requested by usOtherThis agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements proposals and communications written and/or oral This agreement will be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law The section headings and subheadings contained in this agreement are included for convenience only and shall not limit or otherwise affect the terms of the Terms of Use Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafterThis agreement is personal to you and you may not assign it to anyone If any provision of this agreement is found to be unlawful void or for any reason unenforceable then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions These Terms Use are not intended to benefit any third party and do not create any third party beneficiaries Accordingly these Terms of Use may only be invoked or enforced by you or us You agree that regardless of any statute or law to the contrary any claim or cause of action that you may have arising out of or related to use of the USAT APIs or these Terms of Use must be filed by you within one year after such claim or cause of action arose or be forever barredSupplemental Commercial Use Terms for Certain APIsYour use of the USAT Census API the USAT Books/Music/Movie Reviews API and the USAT Articles API is not limited to your personal noncommercial use and you may use those specific USAT APIs for commercial purposes Your use of all other USAT APIs other than the USAT Census API the USAT Books/Music/Movie Reviews API and the USAT Articles API is subject to the commercial use prohibitions set forth above in the Terms of Use Notwithstanding the limited permission for commercial uses your use of the USAT Census API the USAT Books/Music/Movie Review API and the USAT Articles API remains subject to the Terms of Use including the Attribution Requirements and Registration Process set forth therein and all other terms and conditions set forth in the Terms of Use remain in full force and effect any person or entity (including USAT) or has not been authorized by us. 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