Our services are provided as-is and as-available and you assume the entire risk as to your use of our services and the content available through our services. We make no specific promises about our services or content available through our services, including with regard to their availability, reliability, functionality, accuracy or truthfulness (whether provided by Kwenda or our users), or lack of viruses or errors. To the fullest extent permitted by applicable law, we disclaim all warranties, representations, terms or conditions, express or implied, whether by statute, common law or otherwise, regarding our services and the content available through our services, including but not limited implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, availability and lack of negligence.
Limitation of Damages
Regardless of the form or cause of action of the alleged basis of the claim, to the fullest extent permitted by law, Kwenda and community members who serve as reviewers, translators and forum moderators/administrators will not be liable for any direct, indirect, incidental, consequential, exemplary, punitive or special damages, lost profits, revenues or data arising from this Agreement or your use of our services even if they have been advised of the possibility of such damages and even if the remedies otherwise provided under this Agreement, at law, or in equity, fail of their essential purpose. Should a court of competent jurisdiction determine that the limitation above is not legally valid, to the extent permitted by law, the total liability of Kwenda and community members who serve as reviewers, translators and forum moderators/administrators to you for any claim under this Agreement or arising out of our services, including for implied warranties, is limited to the amount you paid us for our services or the amount of direct damages incurred by you in reliance on our services, whichever is less. You agree that this is your sole and exclusive remedy and you hereby release Kwenda and community members who serve as reviewers, translators and forum moderators/administrators from all obligations, liability, claims or demands in excess of the limitation.