THE SITE AND ALL INFORMATION AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CIOCCOLADA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ANY SERVICES, APPLICATIONS, FEATURES, INFORMATION OR ADVICE ON THE SITE OR THROUGH ANY LINKS TO THE SITE.
Neither Cioccolada nor its affiliates and service providers shall be liable for any direct, indirect, incidental, consequential, or punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Site, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services, applications or features, even if advised of the possibility of such damages or losses. Cioccolada's maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed the amount you paid to Cioccolada for any products which you purchased and paid for through this Site. By using the Site, you agree to release and hold harmless Cioccolada, its affiliates, officers, directors and employees from any and all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to use of the Site or any materials downloaded from this Site. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you. To the extent that any term of this agreement is held inapplicable by a court, the rest of the terms in this agreement shall nevertheless remain in force.
If there is any dispute between us, it is agreed that either of us may elect to have it resolved by binding arbitration administered by the American Arbitration Association under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties. The arbitrator shall not have authority to conduct any proceedings on a class, private attorney general, or other representative basis; nor to entertain any claim of, nor provide any relief to any person who is not a named party; nor to join or consolidate claims by or for individuals with different accounts. You acknowledge that this means that you may not have access to a court or jury.
Cioccolada reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms and Conditions including but not limited to terminating access to the Site. Any failure by Cioccolada to enforce any of its rights hereunder shall not be deemed a waiver of such rights or of any other rights.