3.1 LOSCH's Power to Enter Agreement. LOSCH has the right to enter into this Agreement and to grant the rights granted in it.

3.2 LOSCH's Good Faith Performance. LOSCH shall, in good faith, comply with the terms of this Agreement.

4.1 Liability Limitations. The goods and services provided by LOSCH are provided AS IS, WITHOUT WARRANTY OF ANY KIND TO CLIENT OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE, 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6)NON-INFRINGEMENT; 7) QUIET ENJOYMENT; AND 8) TITLE. CLIENT AGREES THAT ANY EFFORTS BY LOSCH TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY LOSCH WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CLIENT FURTHER AGREES THAT LOSCH SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE , EVEN IF LOSCH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. MODIFICATIONS MADE TO CLIENT'S WEB SITE BY CLIENT OR ANY THIRD PARTY VOIDS ANY REMAINING EXPRESS OR IMPLIED WARRANTIES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, LOSCH's liability is limited to the greatest extent permitted by law.

4.2. LOSCH Not Liable for Delays or Defaults. LOSCH shall not be liable for delays or defaults in furnishing goods or services hereunder, if such delays or defaults on the part of LOSCH are due to:

4.2.1. Acts of God or of a public enemy:

4.2.2. Acts of the United States or any state or political subdivision thereof,

4.2.3. Fires, severe weather, floods, earthquakes, natural disasters, explosions or other catastrophes;

4.2.4. Embargoes, epidemics or quarantine restrictions;

4.2.6. Delays of supplier or delay of transportation for any reason;

4.2.7. Causes beyond the control of LOSCH in furnishing items or services including, but not limited to , breakdown or failure of machinery or equipment, or delay in Client reporting problems or furnishing information or materials.

Acceptance of delivery of goods or services shall constitute a waiver and release of LOSCH by Client for any claim for damages, setoff, discount or other liability on account of delay.

4.3. Third Party Transactions at Client's Peril. The parties expressly recognize that LOSCH does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with LOSCH. LOSCH does not make any express or implied warranties, representations or endorsements TO CLIENT OR ANY THIRD PARTY whatsoever with regard to any information, products or services provided through LOSCH AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOYMENT; AND 8) TITLE. LOSCH SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties' information, products or services. Some jurisdictions do not permit the portion of the above limitation may not apply to Client. In such jurisdictions, LOSCH's liability is limited to the greatest extent permitted by law.

4.4. Downloading of Data or Files at Client's Peril. The parties expressly recognize that LOSCH cannot and does not guarantee or warrant that files available for downloading through LOSCH will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client's particular requirements for reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client's sole risk.