LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LAST CHANCE ESCAPE GAMES LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES PURCHASED OR USED BY YOU. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LAST CHANCE ESCAPE GAMES LLC EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LAST CHANCE ESCAPE GAMES LLC OR ANY EMPLOYEES THEREOF SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

FURTHER, WITHOUT LIMITING THE FOREGOING, WE SHALL UNDER NO CLAIM OR CIRCUMSTANCE BE LIABLE FOR (1) ANY DAMAGES IN EXCESS THE ADMISSION FEE YOU PAID TO US, IF ANY, OR $100, WHICHEVER AMOUNT IS GREATER, OR (2) ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, EXAMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES TO YOU OR ANY THIRD PERSON ARISING FROM YOUR USE OF THE GAME SITE OR ANY OF OUR SERVICES, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THE PRECEDING SENTENCE SHALL:

1. APPLY REGARDLESS OF WHETHER YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, AND

2. NOT APPLY TO ANY DAMAGE THAT WE CAUSE YOU INTENTIONALLY AND KNOWINGLY, OR THROUGH GROSS NEGLIGENCE, IN VIOLATION OF THIS AGREEMENT OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DEROGATED FROM IN THIS AGREEMENT.

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LAST CHANCE ESCAPE GAMES LLC AND YOU. THE PRODUCTS AND SERVICES OFFERED BY US WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.