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Software Disclaimer: To the maximum extent permitted under applicable law, the EPESolutions™ software is provided on an "as is" and "as available" basis without warranties of any kind whatsoever. EPES Logistics Services, Inc. ("EPES") makes no warranty of any kind, express or implied, by statute or other wise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or satisfactory quality. EPES does not warrant that the EPESolutions™ software will function uninterrupted, error-free, or that errors will be corrected.

Accordingly, the user bears the sole risk of use of the EPESolutions™ software, and EPES will not be liable for any damages arising therefrom, including, but not limited to, direct, indirect, incidental, special, punitive, or consequential damages ,costs or expresses, whether such damages, costs or expenses were known or foreseeable