The Service and Website are provided to you ‘as is’, ‘as available’, without representation, warranty or condition of any kind, whether express, implied or statutory (including any implied warranty or condition of merchantability or satisfactory quality, fitness for a particular purpose, non-infringement, compliance with any description or any implied warranty arising from course of performance, course of dealing, usage of trade or otherwise), all of which are expressly disclaimed to the maximum extent permitted under applicable laws. Without limiting the foregoing, we make no representation or warranty:
(a) that the Service will be uninterrupted, error-free or virus-free, or that bugs and defects therein will be corrected;
(b) that the use of the Service will not affect the functionality or performance of the device on which it is downloaded;
(c) that the transmission of your information through the Service will be entirely secure;
(d) as to the correctness, accuracy, completeness, reliability, safety, timeliness, quality, suitability or availability of any of our services, products, software, tools or information (including FIGS Content, FIGS Investment Tools and Scores); and/or
(e) relating to any third party or any other product or service provided or advertised by a third party on or through the Service and/or Website.
You acknowledge and agree that the entire risk arising out of your use of the Service and/or Website remains solely with you, to the maximum extent permitted by law. You agree at all times while using the Service and/or Website to employ good judgement and exercise caution.
By using the Service, you acknowledge and agree that internet transmissions are never completely private or secure, and that it is possible that the data on the Service can be mistakenly released, lost, hacked or accessed by unauthorised users. You further acknowledge that operation of and access to the Service or Website may be interrupted or interfered with as a result of technical errors or issues or other factors outside of our control.
We shall not be liable for:
(a) consequential, indirect, incidental, punitive, exemplary or special losses, whether foreseeable or not, and even if we are aware of or advised of the possibility of the same;
(b) any of the following (whether direct or indirect, or foreseeable or not, and even if we are aware of or advised of the possibility of the same): loss of profit, loss of data, loss of use, loss of production, loss of contract, loss of opportunity, loss of savings, discount or rebate (whether actual or anticipated) and harm to reputation or loss of goodwill;
(c) any loss or damage (whether direct or indirect, or foreseeable or not, and even if we are aware of or advised of the possibility of the same) resulting from:
(i) any use of or reliance by you or a third party on FIGS Content, FIGS Investment Tools and/or Scores;
(ii) any suspension or other action taken by us pursuant to these Terms;
(iii) any error, omission, defect, deficiency, malfunction, unreliability, nonconformity, delay or disruption in or of the Service or your inability to use the same (including glitches, bugs, errors, or inaccuracies of any kind);
(iv) goods and services provided to you by a third party;
(v) unauthorised access to, disclosure of or alteration of your information as a result of the unauthorised acts of third parties;
(vi) the error, act or omission, negligence, wilful default, misconduct, fraud or breach of a third party (including another user); and/or
(vii) changes we make to these Terms.
In the event that we are liable for damages despite the provisions in these Terms, you agree that our total liability (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall not exceed:
(a) an amount equal to the Fees paid by you to us in the twelve (12) month period immediately preceding the first incident giving rise to the loss; or
(b) for incidents occurring in the first twelve (12) months of your agreement to these Terms, an amount equal to the Fees paid by you for that period.
Notwithstanding the above, no provision herein shall limit or exclude our liability for any liability that cannot be excluded or limited by applicable laws.
You agree that the exclusions and limitations of liability under these Terms are fair and reasonable and that the Fees will be substantially higher in the absence of such exclusions and limitations.