Common use of DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY Clause in Contracts

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. You agree that your access to, use of, or participation in the Online Service(s) and related Content is on an "as-is," "as available" basis, and Body & Brain specifically disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose. You further agree that Body & Brain will not be liable (jointly or severally) to you or any other person as a result of your access to, use of, or participation in the Online Service(s) for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits and lost revenues (collectively, "Excluded Damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if Body & Brain has been advised of the possibility of or could have foreseen any of the Excluded Damages and irrespective of any failure of an essential purpose of a limited remedy.