SWA Ecom shall use reasonable efforts consistent with prevailing industry standards to maintain the Site and Products in a manner which minimizes errors and interruptions. The Site may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by SWA Ecom or by third-party providers, or because of causes beyond SWA Ecom reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by email of any unscheduled service disruption. However, We do not warrant that the Site and Products will be uninterrupted or error free.
Neither SWA Ecom, its agents, attorneys, members, nor affiliates make any warranty or representation that the information is accurate and timely. You hereby understand and acknowledge that use of the Site and of the Products is undertaken at your own risk. Any information or data provided by SWA Ecom on the Site or in the Products is not exhaustive or complete. Neither SWA Ecom nor any content partner assumes any liability for your use or interpretation of any Product. The Site and the Products are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, implied warranties with respect to performance, merchantability, fitness for a particular purpose, noninfringement of third party rights, accuracy, omissions, completeness, currentness, or timeliness. You acknowledge that the presentation of the Site and Products entails the risk of some human and machine errors, delays, interruptions and losses, including the inadvertent loss of data and You agree to bear that risk.
In no event will SWA Ecom, its affiliates, partners, members, managers, directors, officers, employees, or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the Site, or any of the Products on, accessed through, or downloaded from the Site, even if SWA Ecom or its affiliates, partners, members, managers, directors, officers, employees, or agents are aware of or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the liability of SWA Ecom and its affiliates, partners, members, managers, directors, officers, employees, and agents to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to SWA Ecom in the immediately preceding twelve months, but in no case will such liability to you exceed $1000. You acknowledge that if no fees have been paid to SWA Ecom for the Site in the preceding 12 months, You shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind, regardless of the cause of action. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You may have additional rights.