YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE(S) IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FANTASY FOOTBALL BROTHERS L.L.C. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FANTASY FOOTBALL BROTHERS L.L.C, IT’S OWNERS AND EMPLOYEES, IT’S CONTENT PROVIDERS, PARTNERS, AND VENDORS AND ANY OF THEIR EMPLOYEES SHALL NOT BE HELD RESPONSIBLE FOR ERRORS OR OMISSIONS PERTAINING TO THE ACCURACY AND RELIABILITY OF ANY OF THE INFORMATION RELATED TO THE SERVICE. FANTASY FOOTBALL BROTHERS L.L.C. RESERVES THE RIGHT TO TAKE DOWN THE SITE FOR PERIODIC MAINTENANCE AND UPGRADES, AND DEPENDING ON CIRCUMSTANCES MAY NOT INFORM CUSTOMERS IN ADVANCE OF ANY SUCH DOWNTIME. FANTASY FOOTBALL BROTHERS L.L.C. ALSO RESERVES THE RIGHT TO REMOVE ANY HISTORICAL INFORMATION INCLUDING, BUT NOT LIMITED TO, POLLS, ARTICLES, AND MESSAGE BOARD POSTS AT IT’S SOLE DISCRETION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANTASY FOOTBALL BROTHERS L.L.C. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T.O.S. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FANTASY FOOTBALL BROTHERS L.L.C. SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FANTASY FOOTBALL BROTHERS L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FANTASY FOOTBALL BROTHERS L.L.C. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE PURCHASE PRICE OF THE PRODUCT.
