3. Legal proceedings as a result of dispute. YOU ACKNOWLEDGE AND AGREE TO A COMPLETE WAIVER OF JURY TRIAL. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN NO EVENT SHALL SEATTLEORGANICRESTAURANTS.COM SITE, OR ITS OWNERS, OR ITS ORGANIZERS OR ANY ASSOCIATE BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE OR FROM ANY DAMAGES CAUSED BY THE INFORMATION PROVIDED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
4. No Endorsement of restaurants, coupons, promotions, nor content provided by restaurant owners or customers or visitors The content available through the Site may include materials that belong to third parties, including restaurant owners or their marketing and promotions agents. We also obtain business addresses, phone numbers and other contact information from published lists or the owners themselves and/or other service providers and advocacy groups who may obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Site. We do not screen or investigate third party material before or after including them on our Site. Although from time to time we review the site content, or may use our experts to visit the restaurants and obtain further information or review their facility and/or their amenities, we reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Properties. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Site, but shall not be liable for any delay or inaccuracies related to such updates. We shall not be held responsible or accountable in any way, shape, or form for the content or the quality of restaurant owners’ information or food quality or the conditions of their premises. Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders in any way, shape, or form. In addition, none of the content available through the Site are endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of the content on our Site or any third party content on reference sites or restaurant owner’s sites. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Site, any Third Party websites or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
7. Disclaimer of Warranties THE SITE AND ITS SOFTWARE AND SERVICES AND FEATURES ARE PROVIDED "AS IS," AND NEITHER THE SITE OWNERS NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS ("PROVIDERS") MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. THE SITE AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY OR COMPLETENESS. NEITHER THE COMPANY NOR ITS PROVIDERS WARRANT THAT ACCESS TO OR USE OF THE SITE FEATURES AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR ITS CONTENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF THE COMPANY, IN EVALUATING THE SERVICES OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
8. Limitation of Liability YOUR USE OF THE SITE AND ITS FEATURES AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE OBTAINED EITHER DIRECTLY OR INDIRECTLY. YOU AGREE THAT NEITHER THE SITE OWNERS NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE OR ITS SERVICES. NEITHER THE COMPANY NOR ANY OF ITS SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES WHETHER WITHIN OR OUTSIDE THE SITE'S OR ANY SUCH SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF SERVICES. YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO THE SITE, ITS CONTENT, FEATURES AND SERVICES AS SET FORTH HEREIN, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY OR ANY SUCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF THE SITE AND ITS PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SITE AND ITS CONTENT AND SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SITE, ITS CONTENT OR ITS SERVICES. YOU HEREBY RELEASE THE SITE AND ITS OWNERS AND EACH OF ITS SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.