We try to keep our Platform safe, secure and properly functioning, but we cannot guarantee the continuous operation of or access to our Platform. You agree that you are making use of our Platform at your own risk and that they are being provided to you on an “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, freedom from viruses.
To the extent permitted by applicable law, we (including OUR officers, directors, agents, AFFILIATES and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use of the Platform or any of its related services WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. WHERE ALLOWED OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED One-hundred dollars (USD) or the total amount you have paid to us within the past three months, whichever is greater. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:
(a) Death or personal injury caused by SendBuzz’s negligence or that of any of its officers, employees or agents;
(b) Fraudulent misrepresentation; or
(c) Any liability which it is not lawful to exclude either now or in the future.