EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY ARISING FROM THE WEBSITE OPERATOR'S OWN NEGLIGENCE OR FOR THE WEBSITE OPERATOR'S FRAUD, IN NO EVENT WILL THE WEBSITE OPERATOR, ITS AFFILIATES AND ITS AND THEIR DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR ANY DEFECTS, ERRORS, IMPERFECTIONS, FAULTS, MISTAKES OR INACCURACIES WITH THE SERVICES OR THE CONTENT, OR DUE TO ANY UNAVAILABILITY OF PART OR ALL OF THE SERVICES OR ANY CONTENT.