Common use of Warranties Disclaimers and Limitation of Liability Clause in Contracts

Warranties Disclaimers and Limitation of Liability. FOR THE AVOIDANCE OF DOUBT, REFERENCES HEREIN TO "US" "WE" AND "OUR" SHALL ALSO REFER TO OUR AFFILIATES. THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED BY US OR OUR SUPPLIERS OR PUBLISHED BY US MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO SUCH INFORMATION THAT APPEARS ON ANY OF OUR PUBLICATIONS. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. ANY RATINGS FOR SUPPLIERS ARE INTENDED ONLY AS GENERAL GUIDELINES, AND WE DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. WE MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE US. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO US IN CONNECTION FOR OUR TRAVEL SERVICES, OR (B) ONE-HUNDRED DOLLARS (US$100.00) OR THE EQUIVALENT IN LOCAL CURRENCY.

Warranties Disclaimers and Limitation of Liability. FOR THE AVOIDANCE OF DOUBT, REFERENCES HEREIN TO "US" "WE" AND "OUR" SHALL ALSO REFER TO OUR AFFILIATES. THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED BY US OR OUR SUPPLIERS OR PUBLISHED BY US ON OUR WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO SUCH INFORMATION THAT APPEARS ON ANY OF OR THAT CAN BE DOWNLOADED FROM OUR PUBLICATIONSWEBSITE. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON ANY DOCUMENTS AND/OR ON PENDING RESERVATIONS PURCHASES MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION PURCHASE AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION PURCHASE WITHOUT PENALTY. ANY RATINGS FOR SUPPLIERS ARE INTENDED ONLY AS GENERAL GUIDELINES, AND WE DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. WE MAKE NO GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS CUBAN AVIATION ARRANGEMENTS AND SERVICESINFORMATION PROVIDED, AND MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED BY US OR CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. WE ARE ACTING AS AN INDEPENDENT CONTRACTOR AND NO JOINT VENTURE, PARTNERSHIP OR EMPLOYMENT RELATIONSHIP EXISTS BETWEEN YOU AND US OR OUR SUPPLIERS AS A RESULT OF THIS AGREEMENT OR YOUR USE OF OUR WEBSITE. THE CARRIERS, HOTELS CUBAN AVIATION AUTHORITIES AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE US. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES BREACHES, OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR CONTROL, ; AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE ORGANIZERS SHALL IN NO WAY BE HELD RESPONSIBLE FOR ANY INJURY OR FOR ANY LOSS OR DAMAGE CAUSED BY ACCIDENTS OR EVENTS BEYOND THE ORGANIZERS’ CONTROL, OR BY ANY ACTION OR NEGLIGENCE OF ATTENDANTS OR THIRD PARTIES WHO ARE NOT IN THEIR EMPLOY AND/OR NOT ON THEIR PAYROLL. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Release YOU, GROUP ORGANIZERS, GROUP AND INDIVIDUAL SERVICE PURCHASERS, PASSENGERS AND PARTICIPANTS, INDIVIDUALLY AND JOINTLY, RELEASE THE ORGANIZERS FROM ANY AND ALL LIABILITY AND RESPONSIBILITY, KNOWN OR UNKNOWN, PRESENT OR FUTURE, FOR ANY AND ALL LOSS, INJURY TO PERSON, EXPENSES, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGE TO OR LOSS OF PROPERTY, OR ACCIDENT, OR WHICH ARISES OUT MAY BE THE RESULT OF ANY DELAY OR CHANGE IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO US IN CONNECTION FOR OUR TRAVEL YOUR SERVICES, OR (B) ONE-HUNDRED DOLLARS (US$100.00) IRREGULARITY CONNECTED WITH THE SERVICES PURCHASED, INCLUDING BUT NOT LIMITED TO, ACTS OF GOD, CHANGES IN AIR, SEA OR OTHER SERVICES, TRANSPORTATION PROBLEMS, FIRE, MACHINERY OR EQUIPMENT MALFUNCTION OR FAILURE, GOVERNMENT ACTIONS, WARS, CIVIL DISTURBANCES, LABOR DISPUTES, STRIKES, RIOTS, THEFTS, SICKNESS, QUARANTINE, NEGLIGENCE BY ANY SUPPLIERS IN THE EQUIVALENT IN LOCAL CURRENCYTRIP PACKAGE, OR WEATHER. THIS RELEASE IS BINDING UPON YOU, GROUP ORGANIZERS, PURCHASERS, PASSENGERS/PARTICIPANTS, TRAVELERS, THEIR REPRESENTATIVES, HEIRS AND ASSIGNS. THE ORGANIZERS ARE NOT RESPONSIBLE TO ANY PASSENGER AND/OR HEIRS, ASSIGNS, FAMILY MEMBERS, FOR ANY INJURIES, LOSSES, AND/OR DEATH SUSTAINED BY ANY PASSENGER.

Warranties Disclaimers and Limitation of Liability. FOR ‌ The services are not a substitute for accounting, business, tax, or other professional advice or services. No attorney-client relationship is created between Customer and Company.‌ DISCLAIMER. ALL DESIGNATED SERVICES, AND SERVICES RENDERED IN CONNECTION WITH THIS AGREEMENT, ARE RENDERED AND SUPPLIED "AS IS" AND “AS AVAILABLE” UNLESS SPECIFICALLY NOTED TO THE AVOIDANCE CONTRARY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF DOUBT, REFERENCES HEREIN TO THE SITE ARE PROVIDED ON AN "US" "WEAS IS" AND "OURAS AVAILABLE" SHALL ALSO REFER BASIS. TO OUR AFFILIATESTHE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE INFORMATIONCOMPANY MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY MATERIALS OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, AND SERVICES PROVIDED BY US OR OUR SUPPLIERS OR PUBLISHED BY US MAY INCLUDE INACCURACIES OR ERRORSSERVICES, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF AND DISCLAIM ALL LIABILITY FOR ANY ERRORS INFORMATION OR OTHER INACCURACIES RELATING TO SUCH INFORMATION THAT APPEARS MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. OBTAINING ANY OF OUR PUBLICATIONS. WE EXPRESSLY RESERVE MATERIALS THROUGH THE RIGHT TO CORRECT ANY PRICING ERRORS AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. ANY RATINGS FOR SUPPLIERS ARE INTENDED ONLY AS GENERAL GUIDELINES, AND WE DO NOT GUARANTEE THE ACCURACY USE OF THE RATINGS. WE MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS SITE IS DONE AT YOUR OWN DISCRETION AND SERVICESAT YOUR OWN RISK. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE US. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR CONTROL, AND WE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING DAMAGE TO YOUR COMPUTER SYSTEM OR ACTS LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY GOVERNMENT CONTENT, MATERIALS, INFORMATION, OR AUTHORITYSOFTWARE. IFTHE COMPANY AND ITS AFFILIATES MAKE NO WARRANTY OF ANY KIND, DESPITE WHETHER EXPRESS OR IMPLIED, REGARDING THE DESIGNATED SERVICES, AND SERVICES RENDERED IN CONNECTION WITH THIS AGREEMENT AND SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD- PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW.‌ NO LIABILITY FOR INACCURATE CUSTOMER DATA. COMPANY DOES NOT VALIDATE THE RELIABILITY OR THE ACCURACY OF THE CUSTOMER DATA PROVIDED. CUSTOMERWILLBE SOLELY RESPONSIBLE FOR THE NATURE, QUALITY AND ACCURACY OF THE CUSTOMER DATA AND THE RESULTANT ADVICE OR WORK PRODUCT BASED UPON THAT CUSTOMER DATA. LIMITATION ABOVEOF LIABILITY. IN NO EVENT WILL THE COMPANY’S LIABILITY OR THE LIABILITY OF ITS AFFILIATES, WE ARE FOUND ARISING OUT OF OR RELATING TO THIS AGREEMENT FOR ANY DAMAGES OR LIABILITY FROM ANY CAUSE WHATSOEVER, REGARDLESS OF FORM OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY CUSTOMER TO THE COMPANY HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO ANY CLAIM. EXCEPT WITH RESPECT TO EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, IN NO EVENT WILL EITHER PARTY, OR ITS SUPPLIERS, BE LIABLE TO THE OTHER PARTY, OR TO ANY THIRD PARTY, FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF THE PARTY OTHERWISE LIABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY WILL BE LIABLE FOR ANY LOSS ACTUAL OR DAMAGE WHICH ARISES OUT ALLEGED INFRINGEMENT BY ANY THIRD-PARTY MATERIALS ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE DESIGNATED SERVICES OR THE COMPANY OR CUSTOMER TECHNOLOGY. THIS LIMITATION OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF DOES NOT APPLY TO: (A) THE SERVICE FEES YOU PAID TO US IN CONNECTION FOR OUR TRAVEL SERVICES, OR COMPANY’S INDEMNIFICATION OBLIGATION; (B) ONE-HUNDRED DOLLARS BREACHES OF SECTION 5, CONFIDENTIALITY; (US$100.00C) COMPANY’S INTENTIONAL WRONGDOING; AND (D) COMPANY’S GROSS NEGLIGENCE. IN THE CASE WHERE NO AMOUNT WAS PAID FOR THE SERVICES GIVING RISE TO THE CLAIM, COMPANY’S ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED USD$100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EQUIVALENT PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. FAILURE OF ESSENTIAL PURPOSE. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS SECTION 7 IS A FUNDAMENTAL BASIS OF THE BARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY TO ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY RELATED SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY LIMITED REMEDY IN LOCAL CURRENCYTHIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Warranties Disclaimers and Limitation of Liability. FOR THE AVOIDANCE OF DOUBTThe services are not a substitute for accounting, REFERENCES HEREIN TO "US" "WE" AND "OUR" SHALL ALSO REFER TO OUR AFFILIATESbusiness, tax, or other professional advice or services. THE INFORMATION, PRODUCTSNo attorney-client relationship is created between Customer and Company. DISCLAIMER. ALL DESIGNATED SERVICES, AND SERVICES PROVIDED RENDERED IN CONNECTION WITH THIS AGREEMENT, ARE RENDERED AND SUPPLIED "AS IS," UNLESS SPECIFICALLY NOTED TO THE CONTRARY. THE COMPANY AND ITS AFFILIATES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE DESIGNATED SERVICES, AND SERVICES RENDERED IN CONNECTION WITH THIS AGREEMENT AND SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY US OR OUR SUPPLIERS OR PUBLISHED BY US MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORSLAW. WE DO NOT GUARANTEE THE ACCURACY OF AND DISCLAIM ALL NO LIABILITY FOR ANY ERRORS INACCURATE CUSTOMER DATA. COMPANY DOES NOT VALIDATE THE RELIABILITY OR OTHER INACCURACIES RELATING TO SUCH INFORMATION THAT APPEARS ON ANY OF OUR PUBLICATIONS. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. ANY RATINGS FOR SUPPLIERS ARE INTENDED ONLY AS GENERAL GUIDELINES, AND WE DO NOT GUARANTEE THE ACCURACY OF THE RATINGSCUSTOMER DATA PROVIDED. WE MAKE YOU WILL: (A) BE SOLELY RESPONSIBLE FOR THE NATURE, QUALITY AND ACCURACY OF THE CUSTOMER DATA AND THE RESULTANT ADVICE OR WORK PRODUCT BASED UPON THAT CUSTOMER DATA. LIMITATION OF LIABILITY. IN NO GUARANTEES ABOUT EVENT WILL THE AVAILABILITY COMPANY’S LIABILITY, NOR THE LIABILITY OF SPECIFIC PRODUCTS AND SERVICESITS AFFILIATES,ARISING OUT OF OR RELATING TO THIS AGREEMENT FOR ANY DAMAGES OR LIABILITY FROM ANY CAUSE WHATSOEVER, REGARDLESS OF FORM OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY CUSTOMER TO THE COMPANY HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO ANY CLAIM. EXCEPT WITH RESPECT TO EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, IN NO EVENT WILL EITHER PARTY, OR ITS SUPPLIERS, BE LIABLE TO THE INCLUSION OTHER PARTY, OR OFFERING TO ANY THIRD PARTY, FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF THE PARTY OTHERWISE LIABLE HAS BEEN ADVISED OF ANY PRODUCTS OR SERVICES BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION THE POSSIBILITY OF SUCH PRODUCT OR SERVICEDAMAGES. THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE US. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND NEITHER PARTY WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND BE LIABLE FOR ANY LOSS ACTUAL OR DAMAGE WHICH ARISES OUT ALLEGED INFRINGEMENT BY ANY THIRD-PARTY MATERIALS ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE DESIGNATED SERVICES OR THE COMPANY OR CUSTOMER TECHNOLOGY. THIS LIMITATION OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF DOES NOT APPLY TO: (A) THE SERVICE FEES YOU PAID TO US IN CONNECTION FOR OUR TRAVEL SERVICES, OR COMPANY’S INDEMNIFICATION OBLIGATION; (B) ONE-HUNDRED DOLLARS BREACHES OF SECTION 5, CONFIDENTIALITY; (US$100.00C) COMPANY’S INTENTIONAL WRONGDOING; AND (D) COMPANY’S GROSS NEGLIGENCE. IN THE CASE WHERE NO AMOUNT WAS PAID FOR THE SERVICES GIVING RISE TO THE CLAIM, COMPANY’S ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED USD$100. FAILURE OF ESSENTIAL PURPOSE. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS SECTION 7 IS A FUNDAMENTAL BASIS OF THE BARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY TO ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY RELATED SERVICES, REGARDLESS OF THE EQUIVALENT THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY LIMITED REMEDY IN LOCAL CURRENCYTHIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.