DISCLAIMER OF WARRANTIES AND LIMITS ON LIABILITY
THE SITE IS PROVIDED “AS IS” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, EXPEDIA MAKES NO REPRESENTATION OF ANY KIND THAT THE SITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SITE, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, THAT THE INFORMATION THEREIN WILL BE SUITABLE FOR YOUR NEEDS, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXPEDIA MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. THE INCLUSION OF ANY PARTICULAR PRODUCT OR SERVICE ON THE SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICE BY EXPEDIA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL EXPEDIA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, OR USE OF THE SITE OR WITH ANY DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SITE, INCLUDING OUR INVESTIGATION OF YOUR USE OF THE SITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF EXPEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, Expedia is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described above, then the liability of Expedia will in no event exceed, in the aggregate, the greater of (a) the fees (if any) you paid to Expedia for access to the Site, or (b) One-Hundred Dollars (US$100.00).
The limitation of liability reflects the allocation of risk between the parties, and Expedia would be unwilling to make the Site available to you without such limitations. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose. The limitations of liability provided in these terms inure to the benefit of Expedia.