1.1 Disclaimer of Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE TERMS, Mondo Visione Ltd. (MVL) WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CLIENT OR USERS FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTION CONTEMPLATED UNDER THE TERMS, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF MVL IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
1.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL MVL’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THE TERMS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO MVL UNDER THE TERMS DURING THE 12 MONTHS PRECEDING THE DATE OF THE ACTION OR CLAIM.
1.3 Independent Allocations of Risk. EACH PROVISION OF THE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY MVL TO CLIENT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE TERMS, AND EACH OF THESE PROVISIONS WILL APPLY EVEN IF THE WARRANTIES IN THE TERMS HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
1.4 Whilst every attempt has been made to ensure that the information in the service is as accurate and up to date as possible, MVL cannot be held responsible for any losses or damage incurred as a result of using the Information supplied. Client is responsible for the consequence of any use of the Information and no decision should be based solely on the Information.
1.5 The Site or the Information may contain third party information or links to third party websites. MVL makes no representation, and excludes all liability as to the accuracy or completeness of information contained therein and therefore makes no representations that the Information does not infringe third parties’ intellectual property rights.
1.6 MVL does not warrant that functions available on its web sites will be uninterrupted or error free, that defects will be corrected, or that MVL or the servers that makes it available are free of viruses or bugs. The user acknowledges that it is its responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy its particular requirements for the accuracy of data input and output.