EXCEPT TO THE EXTENT THE FOLLOWING LIMITATIONS ARE NOT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, UNDER ANY LEGAL THEORY, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR OTHERWISE FOR ANY LOSS OR DAMAGES CAUSED BY USE OF, OR RELIANCE ON, OR INABILITY TO USE OR ACCESS, OR DELAYS IN, OR INACCURACIES OR ERRORS OR DEFECTS OR OMISSIONS IN THE WEBSITE OR CONTENT, INCLUDING, BUT NOT LIMITED, TO ANY LOST PROFITS, SAVINGS OR DATA, OR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, RESULTING FROM ANY CAUSE WHATSOEVER, BY YOU OR ANY OTHER THIRD PARTY, EVEN IF FORESEEABLE OR IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY DOWNTIME, LOSS OR DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, OR OTHER PROPERTY RESULTING IN ANY WAY FROM OR ASSOCIATED WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO USE OR ACCESS, THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS OF USE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.</p> <p>IN RESPECT OF ANY CONDITIONS, WARRANTEES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER STATUTE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY IS LIMITED (AT OUR OPTION) TO THE REPLACEMENT, REPAIR OR RESUPPLY OF THE RELEVANT GOODS OR THE RESUPPLY OR REFUND OF THE COST OF RELEVANT SERVICES.</p> <p> <strong>5. Intellectual Property</strong> </p> <p>The Website, including the design of the Website and Content, are the property of 2305 Plaza (TX) Owner LP , our affiliates, and/or to a service provider or other third parties and are protected by copyright and other domestic and international intellectual property laws.