Limitation of Liability
YOU ASSUME THE ENTIRE RISK AS TO THE USE, RESULTS, AND PERFORMANCE OF THE INFORMATION AND SERVICES ON THE WEBSITE, THE APP, OR THE SMART CONTRACTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, CANYONT WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR:
- DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH USE OF THE WEBSITE, THE APP, OR THE SMART CONTRACTS, WHETHER OR NOT CANYONT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
- ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE AVAILABILITY OF OR CONTENT MADE AVAILABLE THROUGH THE WEBSITE, THE APP, OR THE SMART CONTRACTS; OR
- ANY OTHER CAUSE WHATSOEVER, EVEN IF CANYONT WAS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN CASE OF ANY LIABILITY OF CANYONT IN ACCORDANCE WITH THESE TERMS, YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE WEBSITE, THE APP, AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED (100) US DOLLAR, UNLESS EXPLICITLY OR LEGALLY STATED OTHERWISE.
YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE WEBSITE, THE APP, AND THE SMART CONTRACTS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE WEBSITE, THE APP, AND THE SMART CONTRACTS TO YOU WITHOUT THESE LIMITATIONS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PERSONAL INJURY IN CONTRACTS WITH CONSUMERS. THUS, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IF YOU OBJECT TO THESE TERMS, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE WEBSITE, THE APP, AND THE SMART CONTRACTS.