Your use of the Website and the Service is at your sole
discretion and at your sole risk. You assume the risk of, and will be solely
responsible for, any loss or damage that may result from your use of the Website or
of the Service.
To the extent permitted under applicable law, in no event and
under no circumstances will the Company or its officers, employees, directors,
shareholders, parents, subsidiaries, affiliates, attorneys, Agents, licensors,
LICENSEES, SUPPLIERS OR REPRESENTATIVES be liable to you or to any third party under
any theory of liability (whether based on warranty, contract, tort (including
negligence and strict liability) or otherwise) for any direct, indirect, incidental,
special, consequential, or exemplary damages, including but not limited to, damages
for loss of revenues, profits, goodwill, use, data, or other intangible losses (even
if THE COMPANY OR such OTHER parties were advised of, knew of, or should have known
of the possibility of such damages), resulting from or relating out of your or any
third party’s use or misuse of the service or the Website. The parties intend that
this limitation should apply even if it causes any warranty or any remedy to fail of
its essential purpose.
The Company neither assumes, nor authorizes any other party
to assume on its behalf, any other liability in connection with the Website and the
Service other than as set forth herein.
Notwithstanding the foregoing, the total cumulative potential
liability of the Company to you for any cause and under any legal theory will be
limited to the amount paid by you, if any, to the Company for your use of the
Website or the Service.
This disclaimer is made, and liability is limited, to the
fullest extent permitted by law. Some jurisdictions may not allow the disclaimer of
certain warranties or the exclusion or limitation of liability for incidental or
consequential damages, in which case some of the limitations, exclusions and
disclaimers in these terms may not apply to you. To the extent that the Company may
not, as a matter of applicable law, disclaim any implied warranty or limit its
liabilities, the scope and duration of such warranty and the extent of Company’s
liability shall be the minimum permitted under such applicable law.