Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TROJANVILLAS, ITS PARENT OR SUBSIDIARIES, ANY OF THE COMPANIES IT IS AFFILIATED WITH, OR ANY OF ITS CONTENT PROVIDERS BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, ANY TROJANVILLAS SITE, THE SERVICES , USER'S USE OF THE INFORMATION, SERVICES AND/OR PRODUCTS PROVIDED , ANY COMPUTER-RELATED DAMAGES DUE TO DOWNLOADING MATERIALS, INCLUDING POINT-EARNING OPPORTUNITIES; TYPOGRAPHICAL ERRORS AND/OR OMISSIONS; DAMAGES OF ANY KIND RELATED TO PARTICIPATION OR INABILITY TO PARTICIPATE , AND ANY ACTION, INACTION OR TRANSACTION ARISING FROM OR RELATED TO POINTS INCLUDING WITHOUT LIMITATION ANY ISSUANCE, TERMINATION, CANCELLATION, REDEMPTION, PURCHASE, CREDIT OR REFUND MADE OR DUE TO THE USER, BY OR FROM ANY OTHER PARTY, INCLUDING WITHOUT LIMITATION, ADVERTISERS, ASSOCIATED AND AFFILIATED COMPANIES OR SUPPLIERS EVEN IF TROJANVILLAS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OF CONTRACT OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF AN EXCLUSIVE REMEDY.