The limitation of liability set forth below is in addition to, and not in lieu of, any other limitation of liability set forth elsewhere in this document or in the Terms and Conditions, Privacy Policy, and Risk Statement.
Even if advised of the possibility of such damages, the liability of SDBS, its affiliates, agents, licensors and vendors, if any, arising out of any kind of legal claim, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by SDBS from the subscriber. SDBS will not be liable for consequential, incidental, punitive, special, exemplary or indirect damages resulting directly or indirectly from the use of or reliance upon any material, content, or information provided by SDBS.
Without limitation, SDBS shall not be responsible or liable for any loss or damages related to, either directly or indirectly: (1) any decline in market value or loss of any investment; (2) a subscriber's inability to use or any delay in accessing SDBS web site or any other source of material provided by SDBS; (3) any absence or deficiency of material on the SDBS web site; (4) SDBS's failure to deliver or delay in delivering any material; (5) any kind of error in transmission of material; or (6) any trades made by any broker, including any autotrading service, on any subscriber's or non-subscriber's behalf, whether based on SDBS's detections, recommendations or otherwise, and whether or not caused in whole or in part by the negligence of SDBS, such autotrading service or otherwise. SDBS and the subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable result of any breach of any agreement between SDBS and the subscriber.
SDBS shall have no liability for any claims relating to any aspect of SDBS, including any software, technology, equipment, information or materials or that the web site or SDBS itself meets any specific requirements or will be uninterrupted, timely, secure, complete, accurate or free from errors or defects. SDBS will not be held liable for intermittent failures to deliver web site content or related materials caused by the nature of the Internet. SDBS shall not be responsible for any subscriber's logon failure caused by spelling mistakes, Internet connection problems, software and web browser incompatibility, or any other error or malfunction. SDBS is not liable for its subscribers' denial of access to web site content due to Internet speed, routine hardware/software maintenance, network failures, or power outages.