4. Disclaimer and Limit of Liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
L10 and its affiliates makes no representation or warranty about the services, including any representation that the services will be uninterrupted or error-free, and provide the services (including content and information) on an "as is" and "as available" basis. To the fullest extent permitted under applicable law, L10 and its affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
To the fullest extent permitted by law (and unless L10 has entered into a separate written agreement that overrides this contract), L10, including its affiliates, will not be liable in connection with this contract for lost profits or lost business opportunities, reputation (e.g., offensive or defamatory statements), loss of data (e.g., down time or loss, use of, or changes to, your information or content) or any indirect, incidental, consequential, special or punitive damages.
L10 and its affiliates will not be liable to you in connection with this contract for any amount that exceeds (a) the total fees paid or payable by you to L10 for the services during the term of this contract, if any, or (b) (USD) $1.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and L10 and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if L10 or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.