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Our Site and Services are provided on an “as is” and “as available” basis. Notwithstanding the foregoing, you agree that in no event will we be liable to you or any other person for any indirect, incidental, punitive, special, or consequential damages (including, without limitation, lost profits and damages related to corruption or deletion of our Site or Services) arising out of or in relation to these terms or your use or inability to use the Services (including, but not limited to, inoperability of our servers), regardless of the form of action, whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. This includes, but is not limited to, any loss that may occur due to any loss of the Services, the use of the Services, access delays or access interruptions to the Site or Services, force majeure events, the non-recognition of our hosting service’s servers, the protection or privacy of electronic mail or other information transferred through the internet or any other network provider or service its customers may utilize, or the application of any policy set forth herein.
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You hereby release SSVMS, and each of its owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, affinity partners, Third Party Contractors, and licensors from all liability arising out of your User Content or the conduct of other users or third parties, including disputes between you and one or more other users or third parties.
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You acknowledge and agree that your sole and exclusive remedy for any dispute with us, our owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, affinity partners, Third Party Contractors, and licensors arising out of or relating to the Services, or any User Content is to stop using the Services, and to cancel your account. You acknowledge and agree that we, our owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, affinity partners, Third Party Contractors, and licensors are not liable for any act or failure to act by them or any other person regarding conduct, communication, or content on the Site or the Services. In no case shall our liability or that of our owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, affinity partners, Third Party Contractors and licensors to you exceed the greater of: (a) the amount actually paid by you for the Services; or (b) one hundred dollars (U.S.). The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or any other theory or cause of action and regardless of whether such damages were foreseeable, or we were advised of the possibility of such damages.
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Exclusion of damages; exclusive remedy. Unless caused by its gross negligence or intentional misconduct, SSVMS and each of its owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, affinity partners, Third Party Contractors, and licensors will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Services or the SSVMS Content. This exclusion applies regardless of the theory of liability and even if you told us about the possibility of those damages or we or Third-Party Contractors knew or should have known about the possibility of those damages. SSVMS, and each of its owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, affinity partners, Third Party Contractors, and licensors will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the service or the SSVMS Content.
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Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential, indirect, exemplary, special, punitive, or incidental damages, in such states or jurisdictions, our liability, and that of our subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, affinity partners, and licensors shall be limited to the full extent permitted by law.
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If you are a California resident, you waive California Civil Code §1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party. You waive all rights under section 1542 and any other federal or state statutes or laws of similar effect.