We are not liable to you or any third party for any damages (including, without limitation, direct, indirect, incidental, special, consequential, exemplary, incidental, special, or punitive damages, personal injury/wrongful death, lost profits, good will, use data or other intangible losses (whether or not we have been advised of the possibility of such damages)) or damages arising from or relating to these Terms of Use or use or inability to use the Website (including damages resulting from lost data or business interruption), even if we have been advised of the possibility of such damages, whether resulting from: (i) the use of or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory, (ii) any delay, failure, interruption or corruption of our web site or any data or information transmitted in connection with the use of this Website, (iii) personal injury or death caused by your use or misuse of the Website, (iv) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our Website, (v) unauthorized access to or alteration of your transmissions or data, (vi) statements or conduct of any third party on our web site, (vii) any lost profits of Customers for spending any time on the Website or any articles or comments posted on the Website or, (viii) any other matter relating to the Website. You acknowledge that this paragraph shall apply to all content, merchandise and services (if applicable) available through the Website. Your access to, and use of, the Website is at your own risk and you are solely responsible for any damage to your computer, device, system, or data. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law. Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product or service purchased by you from us through the Website or through any other website or source; provided, that any claims arising out of or in connection with your use of the Website must be brought within one (1) year since the event giving rise to such action occurred. You understand and agree that your use of the 6Website is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the Website.
You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable to us or you), relating to your access to and activities with respect to the Website and Website Content, or relating to any activity, information, or service, provided by us or any of our agents or employees or agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Website or Website Content or use therein. By viewing the Website you agree to fully release, indemnify, and hold harmless, including costs and attorneys’ fees, Company from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to: (a) your use of or reliance on the information presented on the Website; (b) your violation of these Terms of Use or of applicable laws or regulations; or (c) any content you uploaded to the Website. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Company's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, program, other owned or controlled by Company, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Company website, property, product, program, other content or any and all activities or actions related thereto. By accessing this Website, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. In accordance with such waiver, if you are a California resident, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”