LIMITATION OF LIABILITY AND WARRANTY
User agrees that use of the service is entirely at User's own risk. The service is provided "as is," without warranty of any kind or responsibility either expressed or implied, including (without limitation) any warranty or responsibility as to, of, or for

	title, non-infringement, merchantability, or fitness for particular purpose, whether related to the covered products, or otherwise;
	information, informational content, or completeness or informational accuracy, whether relating to the covered products or otherwise;
	the quality, suitability, accuracy, functionality, or operation of the service; uninterrupted access;
	the covered products or any information relating thereto; or
	the ability for a member to provide or deliver a product or service or to pay a member for a product or service.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, in any way relating to or arising out of the service or the attempted use thereof or any transactions between members, whether for breach of contract, tortuous behavior, negligence or under any other cause of action.

Neither SMRT nor any of its agents, affiliates, or content providers shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of use of the service or actual transactions or intended transactions arising out of the use of the service or inability to gain access to or use the service or out of any breach of any obligation or responsibility that any of them may have. Without in any way limiting any other provision contained herein, User agrees that in no event shall SMRT or its officers, directors, owners, independent contractors, employees, agents, or affiliates be liable, by reason of, arising out of, or related to, the use of the web site or the service, by reason of any transaction conducted on this website. Notwithstanding the foregoing or any other limitations on liability set forth in this agreement, if a User becomes entitled to any recovery, each user agrees that its recovery shall be limited to the amount of any fees or payments paid to SMRT by reason of such user's use of the service.