Common use of Disclaimer; Limitation of Liability Clause in Contracts

Disclaimer; Limitation of Liability. 5.1 YOU USE THE WACOM SERVICES AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WACOM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF THE WACOM SERVICES, ANY MATERIALS OR CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE THROUGH THE WACOM SERVICES, AS WELL AS WARRANTIES IMPLIED FROM ANY ALLEGED COURSE OF DEALING OR COURSE OF PERFORMANCE. WACOM DOES NOT WARRANT THAT THE WACOM SERVICES WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WACOM ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE WACOM SERVICES. WACOM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WACOM SERVICES.

Disclaimer; Limitation of Liability. 5.1 3RPrep WILL NOT BE LIABLE TO YOU USE OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR 3RPrep PROGRAM, EVEN IF 3RPrep HAS BEEN ADVISED OF THE WACOM SERVICES AT YOUR OWN SOLE RISKPOSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, WACOM 3RPrep DISCLAIMS ALL REPRESENTATIONS WARRANTIES AND WARRANTIES OF ANY KINDCONDITIONS, WHETHER EXPRESS, IMPLIED IMPLIED, STATUTORY OR STATUTORYOTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT . 3RPrep’s TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO OR ARISING OUT YOUR 3RPrep PROGRAM WILL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR PACKAGE. IN PARTICULAR, BUT WITHOUT LIMITING THE GENERALITY OF THE WACOM SERVICESFOREGOING, ANY MATERIALS 3RPrep MAKES NO REPRESENTATIONS OR CONTENTWARRANTIES WITH RESPECT TO (A) THE LIKELIHOOD OF SUCCESS IN OBTAINING ADMISSION TO A PROGRAM, (B) WHETHER THE SERVICES WILL ENHANCE OR DETRACT FROM THE STRENGTH OF YOUR SCORES, OR (C) ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE THROUGH THE WACOM SERVICES, AS WELL AS WARRANTIES IMPLIED FROM ANY ALLEGED COURSE OF DEALING OR COURSE OF PERFORMANCE. WACOM DOES NOT WARRANT THAT THE WACOM SERVICES WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WACOM ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES GUARANTEE THAT YOU OR WILL OBTAIN HIGHER SCORES. 3RPrep SHALL NOT IN ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE WACOM SERVICESWAY BE LIABLE FOR YOUR FAILURE TO ACHIEVE HIGHER SCORES. WACOM ASSUMES NO RESPONSIBILITYBETTER SCORES TAKE HARD WORK, AND SHALL NOT BE LIABLE FORWE WILL ASSIST YOU IN LEARNING MORE EFFECTIVELY. Governing Law: These Student Enrollment Agreement Terms and Conditions and any claim or dispute arising out of, ANY DAMAGES TOrelating to or in connection with these Student Enrollment Agreement Terms and Conditions or the transactions contemplated hereby, OR VIRUSES THAT MAY AFFECTwhether in contract, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WACOM SERVICEStort or otherwise, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to its conflicts of law principles. The exclusive means of resolving any such claim or dispute shall be in a court of competent jurisdiction in Beaver County, Pennsylvania. Please note that 3RPrep utilizes video surveillance in its offices. This is meant to protect the students and tutors. No sound is ever recorded. We do not permit our tutors to meet with students outside of this setting for everyone’s protection. We always permit parents and/or guardians to sit in on tutoring sessions if requested. In special circumstances we will help families with in home or hospital tutoring sessions, but only at our discretion; but in such a setting, an adult, preferably the parent and/or guardian, other than the tutor must also be present at all times during these tutoring sessions. Tutor Satisfaction: If you are not happy with the tutor we have assigned to you, please contact 3RPrep before your second tutorial session. We will assign a new tutor and we will not charge you for the first hour of your first session with your original tutor.

Disclaimer; Limitation of Liability. 5.1 YOU USE THE WACOM SERVICES AT YOUR OWN SOLE RISK. EXCEPT AS EXPRESSLY STATED TO THE FULLEST EXTENT PERMITTED CONTRARY HEREIN, THE AIRCRAFT IS BEING LEASED BY LAWTHE OWNER TO THE OPERATOR HEREUNDER ON A COMPLETELY “AS IS”, WACOM “WHERE IS”, BASIS. THE WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF, AND OWNER DISCLAIMS AND OPERATOR WAIVES, ALL OTHER REPRESENTATIONS AND OR WARRANTIES OF ANY KINDEVERY KIND WHATSOEVER, WHETHER EXPRESS, EXPRESS OR IMPLIED OR STATUTORYARISING FROM A COURSE OF PERFORMANCE OR DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, REPRESENTATIONS OF AND WARRANTIES, WITH RESPECT TO THE IMPLIED WARRANTIES AIRCRAFT, OF TITLEAIRWORTHINESS, QUALITYVALUE, PERFORMANCECONDITION, DESIGN, MERCHANTABILITY, SUITABILITYCOMPLIANCE WITH SPECIFICATIONS, CONSTRUCTION AND CONDITION, OPERATION, FITNESS FOR A PARTICULAR PURPOSEUSE, ACCURACY ABSENCE OF LATENT AND NON-OTHER DEFECTS WHETHER OR NOT DISCOVERABLE, ABSENCE OF ANY INFRINGEMENT RELATED OF ANY PATENT, TRADEMARK OR COPYRIGHT, AND QUALITY OF MATERIALS OR WORKMANSHIP. IN NO EVENT SHALL EITHER PARTY TO THIS GREEMENT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT FROM LOSS OF USE, LOSS OF REVENUE OR PROFIT, OR DIMINUTION IN VALUE OF THE WACOM SERVICES, ANY MATERIALS OR CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE THROUGH THE WACOM SERVICES, AS WELL AS WARRANTIES IMPLIED FROM ANY ALLEGED COURSE OF DEALING OR COURSE OF PERFORMANCE. WACOM DOES NOT WARRANT THAT THE WACOM SERVICES WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WACOM ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE WACOM SERVICES. WACOM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WACOM SERVICESAIRCRAFT.

Disclaimer; Limitation of Liability. 5.1 YOU USE CUSTOMER HEREBY AGREES THAT CUSTOMER’S REMEDIES, AND XXXXXX’X OBLIGATIONS, FOR ANY BREACH OF WARRANTY CLAIMS ARISING FROM THIS AGREEMENT ARE SOLELY AND EXCLUSIVELY AS STATED IN THIS SECTION 2 AND IN THE WACOM SERVICES AT YOUR OWN SOLE RISK. SERVICE ADDENDUM APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAWSERVICES GIVING RISE TO SUCH BREACH OF WARRANTY. WITHOUT LIMITING THE FOREGOING, WACOM AND EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT AND THE APPLICABLE SERVICE ADDENDUM, XXXXXX MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE SERVICES AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND OR NON-INFRINGEMENT RELATED INFRINGEMENT, AND THE SERVICES ARE OTHERWISE PROVIDED “AS IS.” NOTWITHSTANDING ANY PROVISIONS OF THIS AGREEMENT TO OR ARISING OUT OF THE WACOM SERVICESCONTRARY, ANY MATERIALS OR CONTENTIN NO EVENT SHALL THE XXXXXX INDEMNIFIED PARTIES’ (DEFINED BELOW) AGGREGATE LIABILITY TO CUSTOMER EXCEED THE FEES ACTUALLY PAID TO XXXXXX FOR THE SERVICES GIVING RISE TO A CLAIM (DEFINED BELOW) HEREUNDER, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE THROUGH AND CUSTOMER RELEASES THE WACOM SERVICES, AS WELL AS WARRANTIES IMPLIED XXXXXX INDEMNIFIED PARTIES FROM ANY ALLEGED COURSE CLAIMS OR LIABILITIES IN EXCESS OF DEALING OR COURSE OF PERFORMANCE. WACOM DOES NOT WARRANT THAT THE WACOM SERVICES WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WACOM ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE WACOM SERVICES. WACOM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WACOM SERVICESSUCH AMOUNT.

Disclaimer; Limitation of Liability. 5.1 YOU USE THE WACOM SERVICES AT YOUR OWN SOLE RISK. EXCEPT FOR ANY EXPRESS WARRANTIES SPECIFICALLY SET FORTH HEREIN, 71lbs DOES NOT MAKE ANY GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAWPRODUCTS, WACOM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDSERVICES, WHETHER EXPRESSSUPPORT, IMPLIED OR STATUTORYANYTHING ELSE, INCLUDING, INCLUDING BUT NOT LIMITED TOTO THE WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTIES WARRANTY OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-ANY WARRANTY OF NON- INFRINGEMENT RELATED OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 71lbs HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY OTHER THAN AS PROVIDED HEREIN. 71lbs’S LIABILITY FOR LOSS UNDER THIS AGREEMENT IS LIMITED TO THE TOTAL AMOUNT PAID TO 71lbs BY CUSTOMER DURING THE PREVIOUS CALENDAR YEAR. NEITHER PARTY WILL HAVE ANY OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE WACOM SERVICES, ANY MATERIALS OR CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE THROUGH THE WACOM SERVICESFURNISHED BY 71lbs UNDER THIS AGREEMENT, AS WELL AS WARRANTIES IMPLIED FROM ANY ALLEGED COURSE OF DEALING OR COURSE OF PERFORMANCE. WACOM DOES NOT WARRANT THAT THE WACOM SERVICES WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WACOM ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT EVEN IF ADVISED OF THE UNAVAILABILITY POSSIBILITY OF THE WACOM SERVICES. WACOM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WACOM SERVICESSUCH DAMAGES.

Disclaimer; Limitation of Liability. 5.1 YOU USE THE WACOM SERVICES AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WACOM CONTENT IS PROVIDED “AS IS” AND LICENSOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON- INFRINGEMENT, TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF THE WACOM SERVICES, ANY MATERIALS OR CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE THROUGH THE WACOM SERVICES, AS WELL AS WARRANTIES IMPLIED FROM ANY ALLEGED COURSE OF DEALING OR COURSE OF PERFORMANCE. WACOM LICENSOR DOES NOT WARRANT THAT THE WACOM SERVICES WILL PROVIDE CONTINUOUS, PROMPT, SECURE, ACCURACY OR ERROR-FREE SERVICE. WACOM ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT RELIABILITY OF THE UNAVAILABILITY OF THE WACOM SERVICESCONTENT. WACOM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WACOM SERVICESCONTENT IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL LICENSOR OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, DAMAGES RESULTING FROM DELAY OR INTERRUPTION OF SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY LICENSOR OR ITS LICENSORS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LICENSOR AND ITS LICENSORS TO YOU UNDER ANY CAUSE OF ACTION (WHETHER IN CONTRNACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE FEES PAID BY YOU TO LICENSOR FOR THE APPLICABLE CONTENT DURING THE THEN CURRENT TERM.

Disclaimer; Limitation of Liability. 5.1 YOU YOUR USE OF THE WACOM SERVICES SOFTWARE IS AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WACOM DISCLAIMS ALL REPRESENTATIONS SOFTWARE IS PROVIDED "AS IS" AND WARRANTIES WITHOUT WARRANTY OF ANY KINDKIND AND BAFFLE AND XXXXXX'S LICENSOR(S) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, WHETHER EXPRESS, IMPLIED EXPRESS OR STATUTORYIMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT RELATED NOR DOES THE BAFFLE PROVIDE ANY WARRANTY OR INDEMNIFICATION WITH RESPECT TO OR ARISING OUT VIOLATION OF THE WACOM SERVICESRIGHTS OF THIRD PARTIES. IN ADDITION, ANY MATERIALS OR CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE THROUGH THE WACOM SERVICES, AS WELL AS WARRANTIES IMPLIED FROM ANY ALLEGED COURSE OF DEALING OR COURSE OF PERFORMANCE. WACOM XXXXXX DOES NOT WARRANT THAT THE WACOM SERVICES OPERATION OF THE SOFTWARE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, BE UNINTERRUPTED OR ERROR-FREE SERVICEFREE. WACOM ASSUMES UNDER NO LIABILITY CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BAFFLE BE LIABLE FOR ANY ERRORS DIRECT, INCIDENTAL, SPECIAL, INDIRECT, INCIDENTAL OR OMISSIONSCONSEQUENTIAL DAMAGES (INCLUDING, INCLUDING THE INACCURACY WITHOUT LIMITATION, DAMAGES FOR LOSS OF CONTENTBUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), OR FOR ANY DAMAGES THE COST OF PROCURING OTHER SOFTWARE PRODUCTS OR LOSSES THAT YOU SERVICES, ARISING OUT OF OR ANY THIRD PARTY MAY INCUR AS A RESULT RELATING TO THIS XXXX, EVEN IF BAFFLE HAS BEEN ADVISED OF THE UNAVAILABILITY POSSIBILITY OF THE WACOM SERVICES. WACOM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WACOM SERVICESSUCH DAMAGES.

Disclaimer; Limitation of Liability. 5.1 YOU USE THE WACOM SERVICES AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WACOM CONTENT IS PROVIDED “AS IS” AND LICENSOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF THE WACOM SERVICES, ANY MATERIALS OR CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE THROUGH THE WACOM SERVICES, AS WELL AS WARRANTIES IMPLIED FROM ANY ALLEGED COURSE OF DEALING OR COURSE OF PERFORMANCE. WACOM LICENSOR DOES NOT WARRANT THAT THE WACOM SERVICES WILL PROVIDE CONTINUOUS, PROMPT, SECURE, ACCURACY OR ERROR-FREE SERVICE. WACOM ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT RELIABILITY OF THE UNAVAILABILITY OF THE WACOM SERVICESCONTENT. WACOM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WACOM SERVICESCONTENT IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL LICENSOR OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, DAMAGES RESULTING FROM DELAY OR INTERRUPTION OF SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY LICENSOR OR ITS LICENSORS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LICENSOR AND ITS LICENSORS TO YOU UNDER ANY CAUSE OF ACTION (WHETHER IN CONTRNACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE FEES PAID BY YOU TO LICENSOR FOR THE APPLICABLE CONTENT DURING THE THEN CURRENT TERM.

Disclaimer; Limitation of Liability. 5.1 YOU USE THE WACOM SERVICES AT YOUR OWN SOLE RISK. EXCEPT FOR ANY EXPRESS WARRANTIES SPECIFICALLY SET FORTH HEREIN, 71lbs DOES NOT MAKE ANY GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAWPRODUCTS, WACOM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDSERVICES, WHETHER EXPRESSSUPPORT, IMPLIED OR STATUTORYANYTHING ELSE, INCLUDING, INCLUDING BUT NOT LIMITED TOTO THE WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTIES WARRANTY OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND ANY WARRANTY OF NON-INFRINGEMENT RELATED OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 71lbs HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY OTHER THAN AS PROVIDED HEREIN. 71lbs’S LIABILITY FOR LOSS UNDER THIS AGREEMENT IS LIMITED TO THE TOTAL AMOUNT PAID TO 71lbs BY CUSTOMER DURING THE PREVIOUS CALENDAR YEAR. NEITHER PARTY WILL HAVE ANY OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE WACOM SERVICES, ANY MATERIALS OR CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE THROUGH THE WACOM SERVICESFURNISHED BY 71lbs UNDER THIS AGREEMENT, AS WELL AS WARRANTIES IMPLIED FROM ANY ALLEGED COURSE OF DEALING OR COURSE OF PERFORMANCE. WACOM DOES NOT WARRANT THAT THE WACOM SERVICES WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WACOM ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT EVEN IF ADVISED OF THE UNAVAILABILITY POSSIBILITY OF THE WACOM SERVICES. WACOM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WACOM SERVICESSUCH DAMAGES.

Disclaimer; Limitation of Liability. 5.1 YOU USE THE WACOM SERVICES AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WACOM DELUXE HEREBY DISCLAIMS ALL REPRESENTATIONS WARRANTIES AND WARRANTIES LIABILITIES OF ANY KIND, WHETHER EXPRESSEXPRESS OR IMPLIED, IMPLIED ORAL OR STATUTORYIN WRITING, INCLUDING, BUT NOT LIMITED TO, THE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY EXCEPT FOR THE LIMITED WARRANTIES PROVIDED IN SECTION 14.2 HEREOF. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL DELUXE OR ANY OF ITS AFFILIATES BE LIABLE TO VBI OR ANY OTHER PERSON FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, INCURRED BY VBI OR ANY OTHER PERSON AND NON-INFRINGEMENT RELATED TO RESULTING FROM ANY ACTS, OMISSIONS, NEGLIGENCE OR ARISING OUT BREACH OF DUTY (CONTRACTUAL OR OTHERWISE) OF THE WACOM SERVICESEMPLOYEES, ANY MATERIALS AGENTS OR CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE THROUGH THE WACOM SERVICES, AS WELL AS WARRANTIES IMPLIED FROM ANY ALLEGED COURSE SUBCONTRACTORS OF DEALING OR COURSE OF PERFORMANCEDELUXE. WACOM DOES NOT WARRANT THAT THE WACOM SERVICES WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WACOM ASSUMES DELUXE SHALL HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE WACOM SERVICES. WACOM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES UNAUTHORIZED ACCESS TO, OR VIRUSES THAT MAY AFFECTALTERATION, YOUR COMPUTER EQUIPMENT THEFT OR OTHER PROPERTY DESTRUCTION OF, THE WEB SITE, THE SYSTEM OR VBIAES MATERIALS, DATA FILES, PROGRAMS OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. THE AGGREGATE LIABILITY OF DELUXE TO VBI FOR ANY REASON AND UPON ANY AND ALL CAUSES OF ACTION ARISING FROM YOUR USE OF OR RELATED TO THE WACOM SERVICESWEB SITE OR THE SYSTEM SHALL NOT EXCEED THE TOTAL FEES PAID BY VBI TO DELUXE FOR THE SERVICES TO BE PROVIDED BY DELUXE TO VBI PURSUANT TO THIS AGREEMENT.

Disclaimer; Limitation of Liability. 5.1 YOU USE THE WACOM SERVICES AT YOUR OWN SOLE RISK. EXCEPT FOR ANY EXPRESS WARRANTIES SPECIFICALLY SET FORTH HEREIN, 00XXX.XXX DOES NOT MAKE ANY GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAWPRODUCTS, WACOM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KINDSERVICES, WHETHER EXPRESSSUPPORT, IMPLIED OR STATUTORYANYTHING ELSE, INCLUDING, INCLUDING BUT NOT LIMITED TOTO THE WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTIES WARRANTY OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND ANY WARRANTY OF NON-INFRINGEMENT RELATED OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 00XXX.XXX HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY OTHER THAN AS PROVIDED HEREIN. 00XXX.XXX’S LIABILITY FOR LOSS UNDER THIS AGREEMENT IS LIMITED TO THE TOTAL AMOUNT PAID TO 00XXX.XXX BY CUSTOMER DURING THE PREVIOUS CALENDAR YEAR. NEITHER PARTY WILL HAVE ANY OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE WACOM SERVICES, ANY MATERIALS OR CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE THROUGH THE WACOM SERVICESFURNISHED BY 00XXX.XXX UNDER THIS AGREEMENT, AS WELL AS WARRANTIES IMPLIED FROM ANY ALLEGED COURSE OF DEALING OR COURSE OF PERFORMANCE. WACOM DOES NOT WARRANT THAT THE WACOM SERVICES WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WACOM ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT EVEN IF ADVISED OF THE UNAVAILABILITY POSSIBILITY OF THE WACOM SERVICES. WACOM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WACOM SERVICESSUCH DAMAGES.

Disclaimer; Limitation of Liability. 5.1 YOU USE THE WACOM THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, RELATING TO PRODUCTS OR SERVICES AT YOUR OWN SOLE RISKFURNISHED TO CUSTOMER HEREUNDER. TO THE FULLEST EXTENT PERMITTED BY LAWLEXIA SPECIFICALLY DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES, WACOM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES INCLUDING WITHOUT LIMITATION THOSE OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND MERCHANTABILITY OR NON-INFRINGEMENT RELATED INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, WHETHER MADE BY LEXIA EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT WILL BE DEEMED TO BE A WARRANTY BY LEXIA FOR ANY PURPOSE OR ARISING OUT GIVE RISE TO ANY LIABILITY OF LEXIA WHATSOEVER. IN NO EVENT (i) SHALL LEXIA'S MAXIMUM LIABILITY FOR ALL DAMAGES EXCEED ACTUAL DIRECT DAMAGES CAUSED BY THE SPECIFIC PRODUCT OR SERVICE COMPLAINED OF, (ii) SHALL LEXIA'S MAXIMUM LIABILITY FOR ALL DAMAGES EXCEED THE TOTAL AMOUNT OF FEES PAID HEREUNDER, OR (iii) SHALL LEXIA BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST BUSINESS PROFITS AND THE LOSS, DAMAGE OR DESTRUCTION OF DATA) EVEN IF LEXIA HAS BEEN ADVISED OF THE WACOM SERVICES, ANY MATERIALS OR CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE THROUGH THE WACOM SERVICES, AS WELL AS WARRANTIES IMPLIED FROM ANY ALLEGED COURSE OF DEALING OR COURSE OF PERFORMANCE. WACOM DOES NOT WARRANT THAT THE WACOM SERVICES WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WACOM ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT POSSIBILITY OF THE UNAVAILABILITY OF THE WACOM SERVICESSAME. WACOM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WACOM SERVICESNo limitation as to damages for personal injury is hereby intended. Some states do not allow the exclusion or limitation of incidental or consequential damages under certain circumstances and the above exclusion or limitation may not apply.