4. Limitation of Liability (III)
4.6 Bud-Get.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
a. the use or the inability to use the Site; b. any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site; c. violation of Third Party Rights or claims or demands that Users' manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; d. unauthorized access by third parties to data or private information of any User; e. statements or conduct of any User of the Site; or f. any matters relating to Premium Services however arising, including negligence.
4.7 Notwithstanding any of the foregoing provisions, the aggregate liability of Bud-Get.com, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Use for all claims arising from the use of the Site or the Bud-Get.com service shall be limited to the greater of (a) the amount of fees the User pays to Bud-Get.com or its affiliates in the 12 months period prior to the action giving rise to liability and (b) 20€. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or the Bud-Get.com service must be filed within one (1) year from the date the cause of action arose.
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