Disclaimer
The Web Site and Content are provided “AS IS.” We, to the fullest extent permitted by law, disclaim all warranties of any kind (express, implied or otherwise) regarding the Web Site and the Content, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, ownership, and non-infringement. We do not make any warranty about the accuracy, reliability, completeness, timeliness, or quality of the Web Site or the Content. We do not warrant that the Web Site will operate without error or interruption. Inflexxion shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of Content.
Limitation of Liability
(a) Your use of the Web Site and the Content is at your own sole risk. If you are dissatisfied with the Web Site or the Content, your exclusive remedy is to stop using the Web Site and the Content.
(b) In no event will we be liable to you for any direct, indirect, special, incidental, consequential, exemplary or other damages of any kind (including, without limitation, damages or costs resulting from loss of profits or business, or resulting from any error in the Content, or resulting from any decision made or action taken by you in reliance on the Content, or resulting from any unavailability of the Web Site, or resulting from harm to or loss of equipment, software or data, or resulting from any claim against you by a third party), whether in an action in contract or tort, arising out of or in connection with the Web Site or the Content, even if we are negligent or otherwise at fault, and regardless of whether we are advised of the possibility of such damages.
(c) The foregoing exclusions and limitations of liability and remedies will apply, to the fullest extent permitted by law, in all actions of any kind, whether based on contract, tort, or any other legal or equitable theory. Each of these exclusions and limitations is intended to be separately enforceable, without regard to the other exclusions and limitations, and without regard to whether any other remedy under these Terms of Use fails of its essential purpose.
(d) If, notwithstanding the foregoing, Inflexxion, Inc. were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of Inflexxion, Inc. and the parties described in the next sentence (hereinafter referred to as the "Related Parties") exceed, either jointly or severally, the amount of one (1) U.S. dollar. All of the provisions of this Section are also for the benefit of Inflexxion's directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors and the like, and anyone else involved in creating, producing or distributing the Website, and each shall have the right to assert and enforce the provisions directly on their own behalf.