DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
You acknowledge and agree that, to the fullest extent provided by applicable law, CUREYA entities will not be liable to you or to any other person under any circumstances or under any legal or equitable theory, whether in tort, contract, strict liability, or otherwise, for any indirect, special, incidental, or consequential losses or damages of any nature even if an authorized representative of a CUREYA entity has been advised of or should have known of the possibility of such damages. To the fullest extent provided by applicable law, this disclaimer applies to, but is not limited to, any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer failure or malfunction, computer viruses, file corruption, communication failure, network or system outage, theft, destruction, unauthorized access to, alteration of, loss of use of any record or data, and any other tangible or intangible loss. Subject to the foregoing, to the fullest extent provided by applicable law, no CUREYA entity will be liable for any damages in excess of the fees paid by you in connection with your use of the CUREYA sites during the six (6) month period preceding the date on which the claim arose.
You specifically acknowledge and agree that, to the fullest extent provided by applicable law, no CUREYA entity will be liable for any defamatory, offensive, or illegal conduct of any seller (including any marketplace retailer), shopper, or other user of the CUREYA sites.
Under no circumstances shall CUREYA or its employees, directors, officers or agents be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use the site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract or tort, even if CUREYA has been advised of or should have known of the possibility of such damages. If you are dissatisfied with the site, any content on the site, or these terms & conditions, your sole and exclusive remedy is to discontinue using the site. You acknowledge, by your use of the site, that your use of the site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein Each provision of these terms & conditions that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the agreement between you and CUREYA. This allocation is an essential element of the basis of the bargain between you and CUREYA. The limitations in this section will apply even if any limited remedy fails of its essential purpose(s).