IN NO EVENT SHALL SUNBIRD’S OR ANY OF ITS AFFILIATES’, SUBSIDIARIES’ OR AUTHORIZED RESELLERS’, DISTRIBUTORS’ OR AGENTS’ TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED $100 REGARDLESS OF THE REASON FOR SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE APP, ANY CHANGES TO OR INACCESSIBILITY OF THE APP, ANY INACCURACY OR INCOMPLETENESS OF THE CONTENT OR INFORMATION CONTAINED IN THE APP, ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE APP OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE APP, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, NEGLIGENCE OR OTHERWISE.</p> <p>SOME STATES AND COUNTRIES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE APP, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE APP.</p> <p>THE DISCLAIMER OF WARRANTIES AND THE LIMITATION OF LIABILITY AND REMEDY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER FOR USER TO OBTAIN THE RIGHTS TO USE THE APP AT THE SPECIFIED PRICE, IF ANY.