THE SERVICE PROVIDED IS OFFERED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICE PROVIDER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL THE SERVICE PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE USER EXPRESSLY AGREES THAT THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, ACCURACY, AND RELIABILITY OF THE SERVICE RESTS SOLELY WITH THE USER. SHOULD THE SERVICE PROVE DEFECTIVE OR INADEQUATE, THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
FURTHER, THE SERVICE PROVIDER MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE USER'S REQUIREMENTS OR EXPECTATIONS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
THIS LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THIS AGREEMENT, AND THE SERVICE WOULD NOT BE OFFERED OR PROVIDED WITHOUT THESE LIMITATIONS. USER AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH HEREIN WILL SURVIVE AND APPLY EVEN IF ANY REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.