THE LIMITATION OF LIABILITY PROVISIONS SET OUT IN THE P2P.ORG TERMS OF USE SHALL APPLY IN FULL TO THE USE OF THE SERVICE.
WITHOUT LIMITING THE FOREGOING, AND FOR THE AVOIDANCE OF DOUBT, THE FOLLOWING PROVISIONS SHALL ADDITIONALLY APPLY:
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL P2P, ANY P2P PARTIES, OR ANY OF THEIR AFFILIATED PARTIES BE LIABLE FOR ANY LOSS OF PROFITS OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR OTHER LOSS OF ANY KIND - INCLUDING, BUT NOT LIMITED TO, ANY LOSS RELATED TO REVENUE, INCOME OR PROFIT; LOSS OF USE OR LOSS OF DATA; LOSS OF PRODUCTION; LOSS OF CONTRACT; LOSS OF COMMERCIAL OPPORTUNITY; LOSS OF SAVINGS, DISCOUNTS, OR REBATES (WHETHER ACTUAL OR ANTICIPATED); HARM TO REPUTATION OR LOSS OF GOODWILL; LOSS OF BUSINESS; OR LOSS DUE TO BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICE OR THESE SYNCRO TERMS, REGARDLESS OF THE FORM OR CAUSE OF ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF P2P OR ANY OF ITS AFFILIATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF SUCH LOSS WAS FORESEEABLE).
WITHOUT LIMITING THE FOREGOING, THE USER OF THIS SERVICE ACKNOWLEDGES AND AGREES THAT IT USES THE SERVICE AT ITS OWN RISK.
P2P SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCES ARISING OUT OF OR IN CONNECTION WITH THE SIGNING, SUBMISSION, DELIVERY, VALIDATION, OR EXECUTION OF ANY TRANSACTION SUBMITTED THROUGH THE SERVICE, INCLUDING ANY LOSS RESULTING FROM ANY FAILURE OF TRANSACTION INCLUSION, NETWORK CONGESTION, LATENCY, ROUTING FAILURE, OR ANY MALFUNCTION, COMPROMISE, ERROR, OR UNAUTHORIZED INTERFERENCE WITH P2P'S INFRASTRUCTURE, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF P2P AND ANY P2P PARTIES (COLLECTIVELY) FOR ANY LOSS ARISING OUT OF OR RELATING TO THESE SYNCRO TERMS OR THE USE OF THE SERVICE EXCEED THE LESSER OF: (I) THE TOTAL AMOUNT OF FEES RECEIVED BY P2P FROM THE USER FOR THE SERVICE DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) USD 100, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.