9.1. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
9.2. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
9.3. You agree that from time to time we may remove any of the Services for indefinite periods of time or cancel any of the Services at any time, without notice to you.
9.4. You expressly agree that your use of, or inability to use, the Services is at your sole risk. The service and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
9.5. To the maximum extent permitted by law, you also undertake that you will not claim any possible compensation from us, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, in any form, including but not limited to:
(i) losses and damages not caused by our breach;
(ii) indirect losses and damages;
(iii) losses or damages arising out or resulting from the use of the Website, the Services, the Content, any Linked Site or the inability to use the same, or in connection with any failure of performance, delay in operation and transmission, interruption, error, omission, virus or Website failure;
(iv) losses or damages which you may incur, including without limitation as a result of:
o your failure to safeguard your Account Details,
o any reliance placed by you on the accuracy and completeness of the Website, the Content or the Submission, or
o any changes we may make to the Website, the Services and the Content, or
o any temporary interruption or permanent cessation in the provision of the Services and Content;
(v) failure to meet any of our obligations under these ToU where such failure is due to a Force Majeure Event.
For the purpose of this clause Force Majeure Event shall mean an event or change of circumstance beyond the control of and not caused by the Maurice Lacroix, whether foreseeable or unforeseeable, including, but not limited to, State or governmental action, riots, disturbance, war, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, epidemics, pandemics (including the Covid-19 pandemic), fire, flood, hurricane, typhoon, earthquake, lightning and explosion or other similar event or condition.
9.6. To the maximum extent permitted by law, in no case shall Maurice Lacroix, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website and/or any of the service or any products procured using the Services, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the service or any Content (or product) posted, transmitted, or otherwise made available via the Services or the Website, even if advised of their possibility.
9.7. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
9.8. Nothing in these ToU limits or excludes our liability for (i) death and personal injury caused by our negligence; (ii) for fraud, fraudulent misrepresentation and gross negligence or (iii) for any other liability which cannot be limited or excluded by applicable law.