You agree to use our services at your own risk. Except as stated in this Services Agreement or our Proposal, we do not guarantee the accuracy or completeness of the materials or the reliability of any content on our website or other publications. Any reliance on such content is at your own risk, and we disclaim liability for any errors or omissions.

When you submit a content removal application to a web host, the host may reference the application on their website. You acknowledge that such publications are outside the scope of our Work and are not covered by our content removal applications.

Each of the parties represents and warrants that it has all necessary power to enter into and perform its obligations and this Agreement. You further represent and warrant that (a) all information provided to us is accurate and truthful, (b) you have the right to grant us the licenses specified in the Section title “Content Publishing”, if applicable, (c) the execution and performance of this Agreement does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, and (d) the Client Materials do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.

Warranties: We do not guarantee or warrant that we will find or communicate to you every example or all examples of internet content about you or the Named Party. We do not guarantee or warrant that we will be successful in effecting removal, suppression or alteration, if such service is to be performed, of any Internet Content about you or the Named Party designated as private and/or unwelcome content.

Upon successful removal or de-indexing of a URL from Google, Google Inc. may publish a notice referring to the Lumen Database, stating, “In response to a legal request submitted to Google, we have removed x result(s) from this page. If you wish, you may read more about the request at LumenDatabase.org.” You acknowledge that such publications are outside the scope of our Work and are not covered by our content removal applications.

To the maximum extent permitted by law, we disclaim liability for any loss you might suffer in connection with the use of our services, except where we have acted negligently in providing our services or in breach of this Services Agreement or our Proposal.

Nothing in this Services Agreement excludes or limits our liability for death or personal injury arising from our negligence, fraud, fraudulent misrepresentations, or any other liability that cannot be excluded by Australian law.

Except as stated in this Services Agreement or our Proposal, to the maximum extent permitted by law, we exclude all conditions, warranties, representations, or other terms that may apply to our services, website, or other publications, whether express or implied.

We, including our agents, officers, and directors, will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• the use of our services;
• the use of or reliance on any content displayed on our website or other publications, including:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill, or reputation; and
  • any indirect or consequential loss or damage.

Each provision of this clause excluding or limiting liability shall be construed separately, applying and surviving even if one or more provisions are held inapplicable or unenforceable in any circumstances. These provisions shall remain in force notwithstanding the expiration or termination of this Services Agreement.