Among other things, this section limits our liability in the event something goes wrong with the Service. Any representations or warranties provided by a Merchant in connection with any Product are being provided by that Merchant – and not by us. We know it’s a bit long (or, A BIT LONG), but there’s some important stuff here. Please bear with us:
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE, THE APPLICATIONS, THE PRODUCTS, THE WEBSITE OR THE CONTENT. WE DO NOT PROMISE OR WARRANT THAT THE APPLICATIONS, THE WEBSITE OR THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE APPLICATIONS, THE WEBSITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
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. SOME STATES DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES, SO THE LIMITATIONS ON WARRANTIES MAY NOT APPLY TO YOU.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT (NEGLIGENCE) CLAIMS: (I) IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICE, THE APPLICATIONS, THE PRODUCTS, THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICE, THE APPLICATIONS, THE PRODUCTS, THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
THE SERVICE, THE WEBSITE OR THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS IN THE SERVICE. THE SERVICE OR THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. THE SERVICE’S REFERENCE TO A PRODUCT OR SERVICE DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICE OR THE WEBSITE AT ANY TIME WITHOUT NOTICE.
For avoidance of doubt, and notwithstanding anything to the contrary herein, nothing in this Agreement shall be construed in any way to limit any Merchant’s liability to any User in connection with any Product sold to such User.