18. Disclaimer of Liability
Canon does not have responsibility to control or supervise Members' actions in use of the Service. Nor does Canon have responsibility to monitor the Service. Canon is not responsible as an author, editor or publisher for any Content. Nor is Canon responsible for any offensive, inappropriate, obscene, defamatory or otherwise unlawful or objectionable content or information that may appear on the Service or for any conduct, whether online or offline, of any Member. Canon is not responsible for any acts of any third party.
Canon endeavours to provide uninterrupted and safe service, but no website for the Service can be guaranteed to be available all the time or without any errors. The Service may also have to be taken offline, or have certain functions disabled, to allow for repairs, maintenance, or introduction of new functions or services. Canon makes no commitment that the Service will be permanently available or available at any particular time, that Service has limitation on downtime, that Service will be safe, secure or error-free, that Service will always function without disruptions, delays or imperfections, or that Members’ Content will not be inadvertently removed, deleted, corrupted or lost. Canon has no obligation to maintain, support, upgrade or update the Service. Canon recommends that each Member makes a back-up copy of all of the Member’s Content. Canon is not responsible for any loss or damage of the Member’s Content or any other data that may result from Member’s use of the Service, or for any loss or damage the Member may suffer as a result of the termination of the Service or any failure of, error in or non-availability of the Service.
Canon is not responsible for (i) losses that were not caused by any breach of these Terms on Canon's part, (ii) any business losses (including loss of profit, revenue, contract, expectancy interest, data, goodwill or wasted expenditure), (iii) any losses that were not foreseeable to both the Member and Canon when the Member commenced using the Service, or (iv) any losses caused by Member’s breach of these Terms.
Regardless of any other provisions of these Terms, nothing in these Terms excludes or limits Canon's liability for fraud, fraudulent misrepresentation, or death or personal injury caused by Canon's negligence. Nor does it exclude or limit any other liability that cannot be excluded or limited under applicable law.
A MEMBER’S USE OF THE SERVICE IS SOLELY AT HIS OR HER OWN RISK. THE SERVICE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CANON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SERVICE, (2) THAT THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO MEMBER’S COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN MEMBER ACCESSES, BROWSES, DOWNLOADS FROM OR OTHERWISE USES THE SERVICE, (3) THAT CANON WILL CONTINUE TO PROVIDE THE SERVICE OR, IF IT DOES CONTINUE TO PROVIDE THE SERVICE, THAT THE SERVICE WILL CONTINUE TO PROVIDE THE SERVICE IT CURRENTLY PROVIDES OR THAT THE SERVICE WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF MEMBER’S CONTENT OR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SERVICE FOR ANY PARTICULAR AMOUNT OF TIME.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, CANON'S NEGLIGENCE OR GROSS NEGLIGENCE, WILL CANON, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SERVICE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF A MEMBER’S ACCESS TO, OR USE OF, THE SERVICE, EVEN IF CANON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EVERY MEMBER. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
CANON DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. CANON ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT A MEMBER’S COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF A MEMBER’S ACCESS TO, USE OF, OR BROWSING IN THE SERVICES, OR A MEMBER’S DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICE. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL CANON'S TOTAL LIABILITY TO A MEMBER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY THE MEMBER, IF ANY, FOR ACCESSING THE SERVICE.