To the fullest extent permitted by applicable law, in no event will Company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the application or the content and services for:
- Personal injury, property damage, lost profits, loss of employment, cost of substitute goods or services, loss or corruption data, loss of goodwill, business interruption, computer failure or malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages;
- Direct damages in amounts that in the aggregate exceed the greater of (i) the amount actually paid by you for the application and (ii) one hundred dollars (USD). The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable or Company was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
Company does not guarantee the continuous, uninterrupted or secure access to the Company application, Company services, or any related services. The operation of the Company application may be interfered with by numerous factors outside the control of Company.
Under no circumstances shall Company be liable for any damages that result from the use of or inability to use the Company application, including but not limited to reliance by you on any information obtained from the Company application or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Company records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, data, and information submitted through the mobile device software and you to the Company services available through the mobile device software.