THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXCLUDING THOSE EXPLICITLY SET FORTH HERE OR ELSEWHERE ON THE SITE, AND INCLUDING BUT NOT LIMITED TO THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
(I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE SITE AT YOUR OWN RISK;
(II) WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
(III) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND,
(IV) OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH THE APPLICABLE ORDER OR MATTER GIVING RISE TO THE CLAIM.
IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
The Company, including its members, officers, directors, employees and affiliates shall not be responsible for, and hereby disclaims any and all liability for death or personal injury unless caused by the Company’s or such person’s gross negligence or willful misconduct. Whether or not the Company has been advised of the possibility of such damages, the Company will not have any liability to you for any claim to the extent that such claim arises out of, is in connection with the Company services, or can be characterized as a claim for: loss of revenue or profits, loss of business opportunity or loss of contracts, loss of goodwill or injury to reputation, indirect, incidental, consequential, exemplary or special loss or damage; or anticipated savings.
The Company shall not be liable to you and will not be deemed to be in breach of these Terms & Conditions for any delay in performing, or failure to perform services where such delay or failure is due to causes or events beyond the Company’s reasonable control.
Applicable law may not allow the limitation of liability as set forth in this Section of these Terms & Conditions so limitation of liability may not apply to you. IF ANY PART OF THIS LIMITATION OF LIABILITY IN THIS SECTION IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON THEN THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200.00) OR THE AGGREGRATE PAID BY YOU TO THE COMPANY WITH RESPECT TO THE TRANSACTION FOR WHICH SUCH LIABILITY IS CLAIMED, and under all circumstances, you are solely responsible for making your own arrangements for the payment or insurance of any excess loss.