Disclaimer and Limitation of Liability
OPPORTUNITY ENGINE’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, OPPORTUNITY ENGINE AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE THE SITE AND THE PROGRAM AT YOUR OWN RISK. OPPORTUNITY ENGINE DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. Opportunity Engine and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: costs per click, apply, or impression, (ii) click through rates, apply rates, or impression rates (including any estimate of rates provided in an insertion order), (iii) delivery of any impressions in any particular time, place, or manner, (iv) clicks, applies or impressions, (v) interest in your Job Ad, (vi) attendance at your Event(s), and (vii) the quality of candidates for your job opening(s). A CANDIDATE REFERRAL TO YOUR JOB(S) DOES NOT GUARANTEE EXCLUSIVE INTEREST IN YOUR JOB AD. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO OPPORTUNITY ENGINE.