DISCLAIMER OF WARRANTIES. YOUR USE OF THE WEBSITE, AND ANY PRODUCTS YOU PURCHASE FROM US ARE IS “AS IS”, “AS AVAILABLE”, AND AT YOUR SOLE RISK. NONE OF THE MY LITTLE SWEET FACTORY PARTIES HAS OR SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE OR OTHERWISE RELATED TO YOUR PURCHASE OR USE OF ANY OF OUR PRODUCTS. MY LITTLE SWEET FACTORY FURTHER DOES NOT MAKE ANY GUARRANTY OF THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF, AND IS NOT LIABLE FOR LOSSES OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM OR RELATED TO, ANY USE OF THE WEBSITE OR YOUR USE OF ANY OF OUR PRODUCTS. SPECIFICALLY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MY LITTLE SWEET FACTORY DISCLAIMS (A) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE AND ANY OF OUR PRODUCTS, AND (B) ALL WARRANTIES NOT EXPRESSLY MADE IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH YOUR PURCHASE OF ANY OF OUR PRODUCTS OR OTHERWISE YOUR USE OF THE WEBSITE. MY LITTLE SWEET FACTORY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, UNDER NO CIRCUMSTANCES SHALL MY LITTLE SWEET FACTORY BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE ALLEGED TO ARISE OR ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY OF OUR PRODUCTS, OR YOUR INTERACTION WITH ANY THIRD PARTY LINKED TO FROM THE WEBSITE OR OTHERWISE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY OF THE MY LITTLE SWEET FACTORY PARTIES BE LIABLE FOR LOST PROFITS OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY YOUR USE OF (A) THE WEBSITE (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT APPEARING THEREON OR YOUR LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE), OR (B) ANY PRODUCT AND/OR SERVICE PURCHASED FROM US OR OTHERWISE AVAILABLE THROUGH THE WEBSITE, WHETHER OR NOT ANY OF THE MY LITTLE SWEET FACTORY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE MY LITTLE SWEET FACTORY PARTIES COLLECTIVELY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE COST OF ALL PRODUCTS PURCHASED BY YOU FROM THE WEBSITE IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE ARISING OF SUCH LIABILITY, OR (B) FIVE HUNDRED RAND (R500). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 8 OR 9 HEREOF MAY NOT APPLY TO YOU BUT IN SUCH A CASE SUCH LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. You shall indemnify, defend and hold harmless My Little Sweet Factory and each of the other My Little Sweet Factory Parties from all claims, demands, actions, causes of action and/or lawsuits (each, a “Claim” and collectively, “Claims”) and all resulting costs, liabilities, losses, expenses, and damages, actual and consequential, direct and indirect, of every kind and nature, including without limitation reasonable attorneys’ fees and disbursements (collectively, “Losses”), made by any third party arising out of or related to (a) the breach by you of any of your representations, warranties, covenants under this Agreement or your failure to fulfill any of your obligations under this Agreement, (b) your negligence or misconduct, or (c) your violation of any law or regulation. You shall provide all applicable My Little Sweet Factory Parties with prompt written notice of any Claim or potential Claim of which you become aware. Upon the assertion or commencement of any Claim against one or more of the My Little Sweet Factory Parties by any third party that may give rise to liability of any such My Little Sweet Factory Party hereunder, you shall assume the control of the defense of such Claim at your sole expense with counsel reasonably acceptable to each such applicable My Little Sweet Factory Party; provided, however, that each such My Little Sweet Factory Party may take part in and/or fully assume such defense, in its sole discretion and at its own expense, after you assume the control thereof. You shall not enter into any settlement of any Claim which any of the My Little Sweet Factory Parties believes is adverse to its interests, without receiving the prior written consent of each of the My Little Sweet Factory Parties affected by such Claim. In no event shall any of the My Little Sweet Factory Parties be obligated to participate in any settlement which any such party reasonably believes would have an adverse effect on such party’s business interests.