The owner/operator ("NITEMOOD PRODUCTS") of this public Internet Web site ("NITEMOOD PRODUCTS") not liable for the failure of any single electronic commerce transaction or any series of electronic commerce transaction authorization failures experienced by one or more end-users accessing this WEB STORE over any public or private telecommunication system. Under no circumstances, including negligence, shall MERCHANT be liable for any incidental, special or consequential damages that result from the access or inability to access the WEB STORE. Similarly, MERCHANT shall not be liable for the failure of delivery of any product or service purchased by one or more end-users accessing this WEB STORE through any public or private telecommunication system due to errors, omissions, interruptions, delays in operation, system congestion, insufficient bandwidth or any other failure of performance whether or not caused by events beyond MERCHANT'S reasonable control. These include but are not limited to, acts of God, theft, destruction, or unauthorized use of the public Internet by any unknown third party directly or indirectly affecting the WEB STORE. In any case, the MERCHANT'S entire liability and CUSTOMER'S exclusive remedy will be defined by the terms of the Merchant Account Agreement under which payment was made for any product or service purchased at the WEB STORE.