Common use of Limited Liability; Interruption of Online Service Clause in Contracts

Limited Liability; Interruption of Online Service. We provide our Mobile Service “As Is” and “As Available” and without warranty or guarantee. You acknowledge and agree that from time to time, the Mobile Service may be delayed, interrupted or disrupted periodically for an indeterminate amount of time due to circumstances beyond our control including, but not limited to, any inaccuracy, interruption or delay in transmission by the telecommunications carrier used in conjunction with the Eligible Mobile Device you use to access the Mobile Service, or any interruption, disruption or failure in the provision of the Mobile Service, whether caused by strikes, power failures, equipment malfunctions or other reasons. We or a third-party licensor shall not be liable for any claim arising from or related to the Mobile Service caused by or arising out of any such delay, interruption, disruption or similar failure. In no event will we or any third-party online service providers or third-party licensor be liable for indirect, consequential or special damages, including lost profits, arising from your use of the Mobile Service, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory.