EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SANDMAN, MMILV, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
SANDMAN AND MMILV ARE NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM PARTICIPATION IN THE CONTEST. SANDMAN AND MMILV MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO, AND SPECIFICALLY DISCLAIM LIABILITY FOR, THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT RELATED TO THE CONTEST.
SANDMAN AND MMILV MAKE NO WARRANTY OR REPRESENTATION THAT: (a) ACCESS TO THE CONTEST WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; or (b) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OR PRODUCTS RELATED TO THE CONTEST WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT.
YOU ARE RESPONSIBLE FOR IMPLEMENTING REASONABLE MEASURES TO PROTECT YOUR DEVICE, SYSTEMS AND DATA WHEN ACCESSING OR USING THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SANDMAN WILL NOT BE LIABLE FOR DAMAGE TO A USER'S DEVICE OR SYSTEM, OR FOR LOSS OR CORRUPTION OF DATA, CAUSED BY MALWARE, VIRUSES, HARMFUL CODE, THIRD-PARTY CONTENT OR LINKS, OR OTHER TECHNOLOGICAL RISKS OUTSIDE SANDMAN'S REASONABLE CONTROL. THIS PROVISION DOES NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, AND AS APPLICABLE, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND/OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CIRCUMSTANCES, OUR WARRANTIES AND LIABILITY THEREFROM WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT AS SET FORTH BELOW, IN NO EVENT WILL SANDMAN, MMILV, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM PARTICIPATION IN THE CONTEST, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF SANDMAN OR MMILV HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE CONTEST; (b) MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO RELATED TO THE CONTEST; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ABOUT THE CONTEST, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUT; OR (d) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED RELATED TO THE CONTEST.
IN NO EVENT WILL SANDMAN'S OR MMILV'S LIABILITY OR THE LIABILITY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS IN CONNECTION WITH YOUR PARTICIPATION IN THE CONTEST, UNDER ANY THEORY OF RECOVERY, EXCEED $300.00.
FORCE MAJEURE: SANDMAN AND MMILV SHALL NOT BE LIABLE FOR ANY ACTIONS OR FAILURE TO ACT DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, ACTS OF USER, ACTS OF CIVIL OR MILITARY AUTHORITY, CYBERATTACKS, FIRES, STRIKES, FLOODS, EPIDEMICS, QUARANTINE RESTRICTIONS, WAR, RIOTS, DELAYS IN TRANSPORTATION, AND LABOR SHORTAGES.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.