3. Disclaimers and Limitation of Liability
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
We disclaim any and all loss or liability resulting from, but not limited to:
- loss or liability resulting from access delays or access interruptions;
- loss or liability resulting from data non-delivery or data mis-delivery;
- loss or liability resulting from acts of God;
- loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
- loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
- loss or liability resulting from the interruption of your Service.
You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
Warp Development's services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Warp Development expressly disclaims any representation or warranty that the Warp Development services will be error-free, secure or uninterrupted.
No oral advice or written information given by Warp Development, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
Warp Development will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
The terms of this Section will survive any termination of this Agreement.