1. IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, SHALL EK RC FLYERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, ECONOMIC DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, INABILITY TO USE OR MISUSE OF EK RC FLYERS SERVICES, SOFTWARE OR SITE OR ANY CONTENT THEREON, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS OR GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE OR DATA CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY RECORD, THIRD-PARTY SUPPLIER OF PRODUCTS OR SERVICES, OR DAMAGES OR LOSSES CAUSED BY YOU (OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS). UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM CONDITIONS OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES OR OTHER UTILITY FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL OR MILITARY ACTIONS, GOVERNMENTAL CONTROLS OR REGULATION, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF ANY THIRD PARTIES.
3. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION [WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR GROSS NEGLIGENCE) OR OTHERWISE] EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY EK RC FLYERS SERVICES, SOFTWARE OR SITE.
4. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. FOR THE PURPOSES OF THE "LIMITATION OF LIABILITY" SECTION, REFERENCE TO "EK RC FLYERS", "WE" OR "US" SHALL INCLUDE THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND AFFILIATES.
6. THIS "LIMITATION OF LIABILITY" SECTION, THE TERMS OF SERVICE AND ANY CONTRACT ENTERED INTO BY YOU WITH US SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA AND THE FEDERAL LAWS OF CANADA AND SHALL IN ALL RESPECTS BE TREATED AS A BRITISH COLUMBIA CONTRACT, WITHOUT REFERENCE TO THE PRINCIPLES OF CONFLICTS OF LAW. IN THE EVENT OF A DISPUTE, YOU AGREE TO SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE BRITISH COLUMBIA COURTS.
7. THIS "LIMITATION OF LIABILITY" SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
USE OF THE SERVICES AND THIS SITE CONSTITUTES KNOWLEDGE AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.