12.1            Disclaimer

(a)             The Services and Scitix Content are provided “as is”. Except to the extent prohibited by applicable Laws, or to the extent any statutory rights apply that cannot be excluded, limited or waived, Scitix and its affiliates and licensors:

(i)              make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Services or Scitix Content; and

(ii)             disclaim all warranties, including any implied or express warranties (A) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment; (B) arising out of any course of dealing or usage of trade; (C) that the Services or Scitix Content will be uninterrupted, error free or free of harmful components; and (D) that any content will be secure or not otherwise lost or altered.

12.2            Limitations of Liability

(a)             Except for payment obligations expressly stipulated in this Agreement, neither Scitix, nor any of its affiliates or licensors, will have liability to the Customer under any cause of action or theory of liability, even if Scitix has been advised of the possibility of such liability, for (i) indirect, incidental, special, consequential or exemplary damages; (ii) the value of any Customer Content; (iii) loss of profits, revenues, customers, opportunities, or goodwill; or (iv) unavailability of the Services or any Scitix Content.

(b)             Except for payment obligations expressly stipulated in this Agreement, the aggregate liability under this Agreement of Scitix, and any of their respective affiliates or licensors, will not exceed the amounts paid by the Customer to Scitix under this Agreement for the Services that gave rise to the liability during the 12 months before the liability arose.

12.3            The limitations set out in this clause 12 shall not apply to the extent prohibited by applicable Laws.