Common use of Limitation of Liability and Damages Clause in Contracts

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM.

Limitation of Liability and Damages. UNDER 9.1 THE CUSTOMER ACKNOWLEDGES AND AGREES THAT IN NO CIRCUMSTANCESEVENT SHALL SOFTSENSE, ANY AFFILIATE OR ANY OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR REPRESENTATIVES OF SOFTSENSE BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR LOSS OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCEDAMAGES RESULTING FROM DELAY, SHALL COMPANY LOSS OF PROFITS, INJURY TO PERSON (EXCLUDING BODILY INJURY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTSDEATH), OR THIRD PARTY PARTNERS LOSS OF GOODWILL WHICH MAY ARISE IN CONNECTION WITH THE SOFTWARE, ANY REVISIONS OR SUPPLIERSADDITIONS THERETO, BE LIABLE ANY COPIES THEREOF, THE EQUIPMENT, SOFTWARE SUPPORT SERVICES, EQUIPMENT WARRANTY PLAN OR OTHERWISE PERTAINING TO YOU FOR ANY THIS AGREEMENT, EVEN IF SOFTSENSE HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING, BUT EXCLUDING SPECIFICALLY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGESDAMAGES OR LOSSES ARISING FROM OR RELATED TO SOFTSENSE'S BREACH, SO IF ANY, OF ITS OBLIGATIONS UNDER SECTION 8 OF THIS AGREEMENT. THE ABOVE PARTIES AGREE THAT ANY LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. OF LIABILITY SET FORTH IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PARAGRAPH 9.1 SHALL SURVIVE IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, FULL FORCE AND CAUSES EFFECT DESPITE ANY FAILURE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMAN EXCLUSIVE REMEDY.

Limitation of Liability and Damages. UNDER IN NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EVENT WILL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR EXEMPLARY PUNITIVE DAMAGES THAT RESULT FROM YOUR USE (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA, REVENUE, PROFITS, OR THE INABILITY GOODWILL, LOSS OF OR DAMAGE TO USE THE COMPANY MATERIALS ON THE SITEBUSINESS, ANY USER SUBMISSIONS BUSINESS VALUE, OR OTHER CONTENT ON THE SITEBUSINESS RELATIONS, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR FACILITIES, ECONOMIC LOSSES OR PROPERTY DAMAGE, CLAIMS OF AGREEING PARTIES OR VENDORS, OR ATTORNEYS’ FEES AND DISBURSEMENTS) ARISING FROM, CONNECTED WITH, OR RELATED TO THIS AGREEMENT, THE SITE ITSELFSERVICES, OR ANY OTHER INTERACTIONS PRODUCTS OR SERVICES PROVIDED BY COMPANY PURSUANT TO OR IN CONNECTION WITH COMPANYTHIS AGREEMENT IN ANY MANNER WHATSOEVER (INCLUDING, EVEN IF WITHOUT LIMITATION, THE USE OF THE SERVICES AND SUCH OTHER PRODUCTS OR SERVICES BY THE CUSTOMER OR ANY OTHER PERSON OR ENTITY), WHETHER ARISING UNDER CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, ENTERPRISE LIABILITY, PRODUCT LIABILITY, ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, AND WHETHER OR NOT COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR SUCH DAMAGES ARE OTHERWISE FORESEEABLE. APPLICABLE LAW MAY NOT ALLOW NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR OTHERWISE TO THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASESCONTRARY, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGESTHE CUSTOMER, LOSSESIF ANY, AND CAUSES OF ACTION ARISING OUT OF FROM, CONNECTED WITH, OR RELATING RELATED TO THESE TERMS THIS AGREEMENT, THE SERVICES, OR YOUR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY COMPANY PURSUANT TO OR IN CONNECTION WITH THIS AGREEMENT IN ANY MANNER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, SERVICES AND SUCH OTHER PRODUCTS OR OTHERWISESERVICES BY THE CUSTOMER OR ANY OTHER PERSON OR ENTITY) WILL NOT EXCEED THE GREATER TOTAL AMOUNT OF ONE HUNDRED DOLLARS MONTHLY SERVICES CHARGES PAID BY THE CUSTOMER TO (AND ACTUALLY RECEIVED BY) COMPANY PURSUANT TO THIS AGREEMENT IN THE FEES YOU HAVE PAID 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CUSTOMER’S CLAIM OF LIABILITY; PROVIDED, HOWEVER, THAT COMPANY HEREUNDER DURING WILL HAVE NO LIABILITY TO THE SIX (6) MONTHS PRECEDING THE DATE CUSTOMER WHATSOEVER UNDER THIS AGREEMENT OR OTHERWISE FOR ANY LOSS OR CORRUPTION OF THE CLAIMCUSTOMER’S DATA OR THE INABILITY TO RESTORE THE CUSTOMER’S DATA DUE TO THE LOSS OF THE CUSTOMER’S ENCRYPTION KEYS. THIS SECTION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDINGBaroda M CLIP wallet, BUT NOT LIMITED TOITS ISSUERS, NEGLIGENCEITS PROCESSORS, SHALL COMPANY OR ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF Baroda M CLIP wallet; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Baroda M CLIP wallet; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH Baroda M CLIP wallet BY ANY THIRD PARTY PARTNERS PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH Baroda M CLIP wallet; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Baroda M CLIP wallet, ITS ISSUERS, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY SPECIALCLAIMS, INDIRECTPROCEEDINGS, INCIDENTALLIABILITIES, CONSEQUENTIALOBLIGATIONS, DAMAGES, LOSSES OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR COSTS IN AN AMOUNT EXCEEDING INR 500. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE INABILITY TO USE THE COMPANY MATERIALS ALLEGED LIABILITY IS BASED ON THE SITECONTRACT, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITETORT, THE SITE ITSELFNEGLIGENCE, STRICT LIABILITY, OR ANY OTHER INTERACTIONS WITH COMPANYBASIS, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE Baroda M CLIP wallet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. APPLICABLE LAW MAY NOT ALLOW THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT SHALL APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAWLAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATESBaroda M CLIP wallet is controlled and operated from facilities in India. Baroda M CLIP wallet makes no representations that Baroda M CLIP wallet is appropriate or available for use in other locations. Those who access or use Baroda M CLIP wallet from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws of the Republic of India and local laws and regulations, CONTRACTORSincluding but not limited to export and import regulations. You may not use Baroda M CLIP wallet if you are a resident of a country embargoed by India, EMPLOYEESor are a foreign person or entity blocked or denied by the government of India. Unless otherwise explicitly stated, AGENTSall materials found on Baroda M CLIP wallet are solely directed to individuals, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGEScompanies, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMor other entities located in India.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS PARTNERS, LICENSORS OR SUPPLIERSSERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM ARISE OUT OF OR RELATE TO THIS AGREEMENT OR THE SOFTWARE, INCLUDING YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELFTHEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. APPLY, IN SUCH CASES, WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S THE TOTAL LIABILITY OF COMPANY OR ITS AFFILIATES, OR ITS AND THEIR CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS THIS AGREEMENT OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) SOFTWARE EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMFIFTY U.S. DOLLARS.

Limitation of Liability and Damages. A. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY WILL WE OR ITS OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD THIRD-PARTY PARTNERS PARTNERS, LICENSORS, OR SUPPLIERSSUPPLIERS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, BE LIABLE TO YOU FOR OR ANY CONTENT OR SERVICES AVAILABLE THROUGH THE APPLICATION, FOR: • PERSONAL INJURY OR PROPERTY DAMAGE; • ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM YOUR USE ANY UNSUCCESSFUL COURT ACTION OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITELEGAL DISPUTE, ANY USER SUBMISSIONS LOST BUSINESS, LOST REVENUES, OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, LOSS OF ANTICIPATED PROFITS OR ANY OTHER INTERACTIONS WITH COMPANYPECUNIARY OR NON- PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER); or • DIRECT DAMAGES IN AMOUNTS THAT EXCEED £50. THE ABOVE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, EVEN TORT OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORSEEABLE OR IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDINGTHE ENTIRE LIABILITY OF CPTS, BUT ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES PROVIDED HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, CPTS, ITS AFFILIATES AND SUPPLIERS ARE NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIALPUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR EXEMPLARY DAMAGES USE OF SOFTWARE OR HARDWARE THAT RESULT FROM YOUR USE OR DOES NOT MEET CPTS SYSTEMS REQUIREMENTS. THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANY, ABOVE LIMITATIONS APPLY EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS CPTS AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THIS AGREEMENT SETS FORTH THE LIMITATION OR EXCLUSION ENTIRE LIABILITY OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGESCPTS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR SERVICES AND ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMUSE.

Limitation of Liability and Damages. a. THE AFFILIATED GROUP SHALL NOT, UNDER NO ANY CIRCUMSTANCES, BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHER LEGAL THEORY, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCETHOSE ARISING FROM (i) ANY PRODUCT OR RESOURCE MATERIALS AVAILABLE ON OR THROUGH THE RESOURCES, SHALL COMPANY (ii) ANY DECISION MADE OR ITS AFFILIATESACTION TAKEN BY YOU IN RELIANCE UPON THE RESOURCES OR THE RESOURCE MATERIALS, CONTRACTORS(iii) LOSS OF USE, EMPLOYEES, AGENTSDATA, OR THIRD PARTY PARTNERS OR SUPPLIERSPROFITS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIALWHETHER RESULTING FROM THE USE OF, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE INABILITY TO USE, THE RESOURCES OR ANY RESOURCE MATERIALS, (iv) THE USE, THE RESULTS OF USE, OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, RESOURCES OR ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELFRESOURCE MATERIALS, OR (v) ANY OTHER INTERACTIONS WITH COMPANYSUBMISSION (INCLUDING, BUT NOT LIMITED TO, WRITINGS PREPARED BY STUDENTS) EVEN IF THEY WERE CAUSED BY THE NEGLIGENCE OF THE AFFILIATED GROUP OR BY THE NEGLIGENCE OF THE AFFILIATED GROUP’S RESPECTIVE LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS, EVEN IF COMPANY THE CUSTOMER OR A COMPANY AUTHORIZED REPRESENTATIVE HAS OTHERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION DAMAGES OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSESCLAIM OCCURRING, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO EVEN IF THE REMEDIES PROVIDED IN THESE TERMS OR YOUR USE FAIL OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMTHEIR ESSENTIAL PURPOSE.

Limitation of Liability and Damages. UNDER IN NO CIRCUMSTANCESEVENT SHALL A DISCLAIMING ENTITY (AS DEFINED ABOVE) BE LIABLE FOR ANY LOST PROFITS, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTSLOSS OF DATA, OR THIRD PARTY PARTNERS OR SUPPLIERSANY INDIRECT, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECTPUNITIVE, INCIDENTAL, CONSEQUENTIALSPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES (AS DEFINED ABOVE) BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR SERVICES ACCOUNT OR THE INFORMATION CONTAINED THEREIN.THE DISCLAIMING ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH OUR SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (III) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (IV) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; OR (V) USER CONTENT OR THE INABILITY TO USE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.WITHOUT LIMITING THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITEFOREGOING PROVISIONS OF THIS ARTICLE SECTION, THE SITE ITSELFDISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO V2S DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY ARTICLE SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER INTERACTIONS WITH COMPANY, BASIS. THE LIMITATIONS APPLY EVEN IF COMPANY V2S OR A COMPANY AUTHORIZED REPRESENTATIVE HAS XXXXX FARGO N.A. HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION PROVISIONS OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT THIS SECTION SHALL APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. LAW IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMAPPLICABLE JURISDICTION.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANY, COMP ANY ,EVEN IF COMPANY COMP ANY OR A COMPANY COMP ANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL INCIDENT AL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED FIVE U.S. DOLLARS. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE GREATER OF ONE HUNDRED DOLLARS AND SITE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMSITE.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY WILL SOC OR ITS AFFILIATES, CONTRACTORSCONT- RACTORS, EMPLOYEES, AGENTS, OR THIRD THIRD-PARTY PARTNERS PARTNERS, LICENSEES, LICENSORS, OR SUPPLIERS, SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLU- DING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR THE YOUR INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, SERVICE OR ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELFTHIRD PARTY SITES, OR ANY OTHER INTERACTIONS INTER- ACTIONS WITH COMPANYSOC, EVEN IF COMPANY SOC, ITS THIRD-PARTY PARTNERS, LICENSEES, LICENSORS, OR A COMPANY AUTHORIZED SUPPLIERS OR AN SOC AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANYSOC’S LIABILITY, AND THE LIABILITY OF ITS THIRD-PARTY PARTNERS, LICENSEES, LICENSORS OR SUPPLIERS, IF ANY, WILL BE LIMITED TO THE FULLEST EX- TENT PERMITTED BY APPLICABLE LAW. SOC WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE DEFAULT OF ANY PRIVILEGE PARTNER OR LICENSOR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SOC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL COMPANY’S SOME COUNTRIES OR ITS AFFILIATESOTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU FOR ALL DAMAGES, LOSSES, MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND CAUSES OF ACTION ARISING OUT OF OR RELATING JURISDICTION TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMJURISDICTION.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESNEITHER PARTY (AND, INCLUDINGIN THE CASE OF CCH SFS, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORSCONSULTANTS, EMPLOYEESDISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS) WILL HAVE ANY LIABILITY TO THE OTHER OR ANY THIRD PARTY PARTNERS (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR SUPPLIERS, BE LIABLE TO YOU CLIENT OF CUSTOMER) FOR ANY SPECIALLOSS OF PROFITS, INDIRECTSALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY DAMAGES THAT RESULT AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ARISING OUT OF THIS AGREEMENT (OR ITS SUBJECT MATTER UNDER ANY USER SUBMISSIONS LEGAL OR OTHER CONTENT ON THE SITEEQUITABLE THEORY), THE SITE ITSELFPRODUCT(S), SUPPORT, ELECTRONIC FILING AND/OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF SERVICES PROVIDED HEREUNDER. THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY SHALL NOT APPLY WITH RESPECT TO YOUANY VIOLATION OF EITHER PARTY’S INTELLECTUAL PROPERTY RIGHTS AS SET FORTH HEREIN. IN SUCH CASES, COMPANY’S THE TOTAL LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR OF CCH SFS AND ITS AFFILIATES, CONTRACTORSCONSULTANTS, EMPLOYEESDISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY PARTNERS RESULTING FROM OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF THIS AGREEMENT (OR RELATING TO THESE TERMS ITS SUBJECT MATTER UNDER ANY LEGAL OR YOUR USE EQUITABLE THEORY), THE PRODUCT(S), SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICES PROVIDED HEREUNDER, FOR ANY AND ALL CLAIMS OR TYPES OF THE SITE (WHETHER IN CONTRACTDAMAGES, TORT, WARRANTY, OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND TOTAL FEES PAID HEREUNDER BY CUSTOMER FOR THE FEES YOU HAVE PAID PRODUCT(S) OR SERVICES GIVING RISE TO SUCH CLAIM IN THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. CCH SFS is not an insurer with regard to performance of the Product(s) or otherwise. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CCH SFS herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this subsection 8.4 represent the agreed, bargained- for understanding of the parties and CCH SFS’ compensation hereunder reflects such allocations. THE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE CLAIMFORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, WHETHER IN TORT, CONTRACT OR OTHERWISE, AND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDINGFederal Wibmo wallet, BUT NOT LIMITED TOITS ISSUERS, NEGLIGENCEITS PROCESSORS, SHALL COMPANY OR ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF Federal Wibmo wallet; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Federal Wibmo wallet; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH Federal Wibmo wallet BY ANY THIRD PARTY PARTNERS PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH Federal Wibmo wallet; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Federal Wibmo wallet, ITS ISSUERS, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY SPECIALCLAIMS, INDIRECTPROCEEDINGS, INCIDENTALLIABILITIES, CONSEQUENTIALOBLIGATIONS, DAMAGES, LOSSES OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR COSTS IN AN AMOUNT EXCEEDING INR 500. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE INABILITY TO USE THE COMPANY MATERIALS ALLEGED LIABILITY IS BASED ON THE SITECONTRACT, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITETORT, THE SITE ITSELFNEGLIGENCE, STRICT LIABILITY, OR ANY OTHER INTERACTIONS WITH COMPANYBASIS, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE Federal Wibmo wallet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. APPLICABLE LAW MAY NOT ALLOW THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT SHALL APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAWLAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATESFederal Wibmo wallet is controlled and operated from facilities in India. Federal Wibmo wallet makes no representations that Federal Wibmo wallet is appropriate or available for use in other locations. Those who access or use Federal Wibmo wallet from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws of the Republic of India and local laws and regulations, CONTRACTORSincluding but not limited to export and import regulations. You may not use Federal Wibmo wallet if you are a resident of a country embargoed by India, EMPLOYEESor are a foreign person or entity blocked or denied by the government of India. Unless otherwise explicitly stated, AGENTSall materials found on Federal Wibmo wallet are solely directed to individuals, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGEScompanies, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMor other entities located in India.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED FIVE U.S. DOLLARS. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE GREATER OF ONE HUNDRED DOLLARS AND SITE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMSITE.

Limitation of Liability and Damages. IN NO EVENT WILL EITHER NATA OR END-USER BE LIABLE FOR, AND THE PARTIES HEREBY WAIVE AS TO ONE ANOTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AND/OR PUNITIVE DAMAGES INCURRED BY THE OTHER PARTY, ARISING FROM OR RELATED TO THIS AGREEMENT, THE PROGRAM OR EITHER PARTY’S PERFORMANCE OR NONPERFORMANCE UNDER NO CIRCUMSTANCES, INCLUDINGTHIS AGREEMENT. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF DATA, LOSS OF USE OF MONEY OR PRODUCTS, LOSSES DUE TO ANY INABILITY OF END-USER TO ACCESS THE PROGRAM, LOSS OF GOOD WILL AND/OR BUSINESS REPUTATION, LOST PROFITS OR REVENUE, ADDITIONAL LABOR COSTS, AND LOST TIME OR OTHER ECONOMIC LOSS. THE ABOVE LIMITATIONS APPLY WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTSSTRICT LIABILITY, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANYOTHERWISE, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE THE NON-DAMAGED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT LIMITATIONS SHALL APPLY TO YOUNOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN SUCH CASES, COMPANY’S UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE CUMULATIVE LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR OF NATA AND ANY OF ITS AFFILIATES, CONTRACTORSARISING UNDER OR RELATED TO THIS AGREEMENT, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTYTORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) , EXCEED THE GREATER TOTAL AMOUNT OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE ACTUALLY PAID BY END-USER TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMNATA UNDER THIS AGREEMENT.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESTHE ENTIRE LIABILITY OF INTUIT AND ITS SUPPLIERS FOR ANY REASON SHALL BE LIMITED TO THE RETAIL VALUE OF THE INTUIT SOFT- WARE UNLESS OTHERWISE SEPARATELY AGREED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AGENTS OR EMPLOYEES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, NEGLIGENCE, SHALL COMPANY LOSS OF PROFITS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTSINVESTMENT, OR THIRD PARTY PARTNERS OR SUPPLIERSTHE LIKE), BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR OF THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS SOFTWARE WITH HARDWARE OR OTHER CONTENT ON THE SITESOFTWARE THAT DOES NOT MEET INTUIT’S SYSTEMS REQUIREMENTS WHETHER BASED IN CONTRACT, THE SITE ITSELFTORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER INTERACTIONS WITH COMPANYOTHERWISE, EVEN IF COMPANY INTUIT, ITS AGENTS OR A COMPANY AUTHORIZED REPRESENTATIVE HAS EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES LIMITATIONS OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE BASIS OF THE CLAIMBARGAIN BETWEEN INTUIT AND YOU. INTUIT WOULD NOT BE ABLE TO HAVE PROVIDED THIS INTUIT SOFTWARE WITHOUT SUCH LIMITATIONS.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESEXCEPT AS SET FORTH HEREIN, INCLUDINGPRO-ED AND ITS SUBSIDIARIES, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORSOFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AGENTSAS WELL AS THEIR SUCCESSORS AND ASSIGN, SHALL NOT BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY ARISING FROM NEGLIGENT ACTIONS OR INACTIONS ARISING FROM OR RELATED TO ANY LOSS DUE TO PERSONAL INJURY, PROPERTY DAMAGE, ANY LOSS OF PROFITS, SAVINGS, OR THIRD PARTY PARTNERS GOODWILL, LOSS OR SUPPLIERSINACCURACY OF DATA, BE LIABLE TO YOU FOR OR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES PUNITIVE DAMAGES, LOSS, COST, EXPENSE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) THAT RESULT FROM YOUR USE OR OF THE SITE, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO USE THE COMPANY MATERIALS ON SITE FOR ANY REASON (E.G., UNAUTHORIZED USE OR ACCESS OF YOUR ACCOUNT, ANY INTERRUPTION OF SERVICE, COMPUTER VIRUS) FOR USE OF THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY PRO-ED OR A COMPANY AN AUTHORIZED REPRESENTATIVE OF PRO-ED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR FOR ANY CLAIM BY ANY THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMPARTY.

Limitation of Liability and Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZIFT, ITS PROCESSORS, SUPPLIERS, LICENSORS, NETWORKS, OR THE BANK (OR THEIR RESPECTIVE AFFILIATES) AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCESCIRCUMSTANCES WILL ZIFT BE RESPONSIBLE FOR ANY DAMAGE, INCLUDINGLOSS OR INJURY RESULTING FROM HACKING, BUT NOT LIMITED TOTAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. IN NO EVENT WILL ZIFT BE LIABLE FOR ANY INCIDENTAL, NEGLIGENCECONSEQUENTIAL, SHALL COMPANY OR COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIRD PARTY PRODUCTS OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT GIVES RISE TO ANY CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZIFT, ITS PROCESSORS, THE NETWORKS, AND THE BANK (AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, OR ANY DELAY IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS OF WHETHER THE FAILURE OR DELAY IS CAUSED BY AN EVENT OR CONDITION BEYOND OUR CONTROL; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY PARTNERS PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ZIFT, ITS PROCESSORS, AGENTS, SUPPLIERS, LICENSORS, NETWORKS, OR THE BANK (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY SPECIALCLAIMS, INDIRECTPROCEEDINGS, INCIDENTALLIABILITIES, CONSEQUENTIALOBLIGATIONS, DAMAGES, LOSSES OR EXEMPLARY DAMAGES THAT RESULT FROM COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OR OF THE INABILITY SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO USE THE COMPANY MATERIALS CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON THE SITECONTRACT, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITETORT, THE SITE ITSELFNEGLIGENCE, STRICT LIABILITY, OR ANY OTHER INTERACTIONS WITH COMPANYBASIS, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE ZIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. APPLICABLE LAW MAY NOT ALLOW THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT SHALL APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAWLAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATESThe Service is controlled and operated from facilities in the United States. Zift makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, CONTRACTORSincluding but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, EMPLOYEESor are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, AGENTSall materials found on the Service are solely directed to individuals, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGEScompanies, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMor other entities located in the United States.

Limitation of Liability and Damages. IN NO EVENT SHALL IC CHECK OR ANY AFFILIATE BE LIABLE FOR LOSS OF DATA OR RECORDS OF CUSTOMER OR END-USERS, IT BEING UNDERSTOOD THAT CUSTOMER SHALL BE RESPONSIBLE FOR ASSURING PROPER AND ADEQUATE BACK-UP AND STORAGE PROCEDURES. EXCEPT FOR ANY BREACH OR VIOLATION BY CUSTOMER OF SECTION 5 AND CUSTOMER’S INDEMNIFICATION OBLIGATIONS WITH RESPECT TO CLAIMS MADE UNDER SECTION 7(e), IN NO CIRCUMSTANCESEVENT WILL EITHER PARTY BE LIABLE FOR, INCLUDINGAND THE PARTIES HEREBY WAIVE AS TO ONE ANOTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AND/OR PUNITIVE DAMAGES INCURRED BY THE OTHER PARTY, ARISING FROM OR RELATED TO THIS AGREEMENT, THE PROGRAM, THE SERVICES, OR EITHER PARTY’S PERFORMANCE OR NONPERFORMANCE UNDER THIS AGREEMENT. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF DATA, LOSS OF USE OF MONEY OR PRODUCTS, LOSSES DUE TO ANY INABILITY OF ANY END-USER TO ACCESS THE PROGRAM OR SERVICES, LOSS OF GOOD WILL AND/OR BUSINESS REPUTATION, LOST PROFITS OR REVENUE, ADDITIONAL LABOR COSTS, AND LOST TIME OR OTHER ECONOMIC LOSS. THE ABOVE LIMITATIONS APPLY WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTSSTRICT LIABILITY, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANYOTHERWISE, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE THE NON- DAMAGED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT LIMITATIONS SHALL APPLY TO YOUNOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN SUCH CASES, COMPANY’S UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE CUMULATIVE LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR OF IC CHECK AND ANY OF ITS AFFILIATES, CONTRACTORSARISING UNDER OR RELATED TO THIS AGREEMENT, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTYTORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) , EXCEED THE GREATER TOTAL AMOUNT OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE ACTUALLY PAID BY CUSTOMER TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMIC CHECK UNDER THIS AGREEMENT.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESNEITHER PARTY (AND, INCLUDINGIN THE CASE OF CCH, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORSCONSULTANTS, EMPLOYEESDISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS) WILL HAVE ANY LIABILITY TO THE OTHER OR THIRD ANY THIRD-PARTY PARTNERS (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR SUPPLIERS, BE LIABLE TO YOU CLIENT OF CUSTOMER) FOR ANY SPECIALLOSS OF PROFITS, INDIRECTSALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY DAMAGES THAT RESULT AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITEARISING OUT OF THIS AGREEMENT, THE SITE ITSELFAPPLICATION, SUPPORT AND/OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SERVICES. THE TOTAL LIABILITY OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR CCH AND ITS AFFILIATES, CONTRACTORSCONSULTANTS, EMPLOYEESDISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR THIRD ANY THIRD-PARTY PARTNERS RESULTING FROM OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF THIS AGREEMENT, THE APPLICATION, SUPPORT AND/OR RELATING TO THESE TERMS SERVICES FOR ANY AND ALL CLAIMS OR YOUR USE TYPES OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) DAMAGES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND TOTAL FEES IN THE FEES YOU HAVE PAID ORDER FORM GIVING RISE TO THE COMPANY CLAIM FOR THE APPLICATION OR SERVICES PAID HEREUNDER DURING BY CUSTOMER IN THE SIX (6) MONTHS TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF THE CLAIM.ACTION FIRST AROSE. CCH is not an insurer with regard to performance of the Application. Customer agrees to assume the risk for:

Limitation of Liability and Damages. UNDER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO CIRCUMSTANCESEVENT SHALL COMPANY OR THE COMPANY BE LIABLE FOR ANY DIRECT, INCLUDINGSPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TOTO LOSS OF USE, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTSLOST PROFITS, OR THIRD PARTY PARTNERS LOST DATA , WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR SUPPLIERSOTHERWISE, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, ARISING OUT OF OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITESERVICE, THE SITE ITSELFCONTENT OR MATERIALS, INCLUDING AT THE INCLUDING ANY DAMAGES CAUSED BY OR ARISING OUT OF THE USE OF THE USER OF ANY INFORMATION OBTAINED FROM OR ARISING OUT OF ERRORS, ACTS OF OMISSIONS, DELAYS, DELETING FILES, OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OF OR TRANSFER ANY OTHER INTERACTIONS WITH COMPANYDERATING, EVEN IF COMPANY WHETHER THEY ARE CAUSED BY NATURAL DISASTERS, SYSTEM FAILURES COMMUNICATION, THEFT OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED DESTRUCTION OR UNAUTHORIZED ACCESS TO DOCUMENTS, PROGRAMS OR SERVICES OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ; AND (B) IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL THE AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, TORT (INCLUDING NEGLIGENCE, EXPRESSING AN ACTION OR OTHERWISE) OMISSION, OR CONSTRUCTIVE NEGLIGENCE), UNDER THE PRODUCT LIABILITY CERTAINLY LIABILITY OR OTHER THEORY OF LIABILITY, WHICH RESULT FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, DOES NOT EXCEED THE GREATER AMOUNT PAID BY YOU, IF, FOR ACCESS TO THE SERVICE DURING TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE MAKING A CLAIM, OR THE AMOUNT OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMUS DOLLARS, WHICHEVER, WHICH AMOUNT IS GREATER.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESNEITHER PARTY (AND, INCLUDINGIN THE CASE OF CPTS, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORSCONSULTANTS, EMPLOYEESDISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS) WILL HAVE ANY LIABILITY TO THE OTHER OR ANY THIRD PARTY PARTNERS (INCLUDING ANY CONTRACTOR, AGENT, AFFILIATE OR SUPPLIERS, BE LIABLE TO YOU CLIENT OF CUSTOMER) FOR ANY SPECIALLOSS OF PROFITS, INDIRECTSALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY DAMAGES THAT RESULT AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ARISING OUT OF THIS AGREEMENT (OR ITS SUBJECT MATTER UNDER ANY USER SUBMISSIONS LEGAL OR OTHER CONTENT ON THE SITEEQUITABLE THEORY), THE SITE ITSELFSERVICES, SUPPORT, ELECTRONIC FILING AND/OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY SERVICE OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF PRODUCT PROVIDED HEREUNDER. THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY SHALL NOT APPLY WITH RESPECT TO YOUANY VIOLATION OF EITHER PARTY’S INTELLECTUAL PROPERTY RIGHTS AS SET FORTH HEREIN. IN SUCH CASES, COMPANY’S THE TOTAL LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR OF CPTS AND ITS AFFILIATES, CONTRACTORSCONSULTANTS, EMPLOYEESDISTRIBUTORS, AGENTS, SUBCONTRACTORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY PARTNERS RESULTING FROM OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF THIS AGREEMENT (OR RELATING TO THESE TERMS ITS SUBJECT MATTER UNDER ANY LEGAL OR YOUR USE EQUITABLE THEORY), THE SERVICES, SUPPORT, ELECTRONIC FILING AND/OR ANY SERVICE OR PRODUCT PROVIDED HEREUNDER, FOR ANY AND ALL CLAIMS OR TYPES OF THE SITE (WHETHER IN CONTRACTDAMAGES, TORT, WARRANTY, OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND TOTAL FEES PAID HEREUNDER BY CUSTOMER FOR THE FEES YOU HAVE PAID SERVICES OR ANY SERVICE OR PRODUCT GIVING RISE TO SUCH CLAIM IN THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS TWELVE-MONTH PERIOD PRECEDING THE DATE SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE. CPTS is not an insurer with regard to performance of the Services or otherwise. Customer agrees to assume the risk for: (a) all liabilities disclaimed by CPTS herein, and (b) all alleged damages in excess of the amount of the limited remedy provided hereunder. The allocations of liability in this subsection 13.4 represent the agreed, bargained-for understanding of the parties and CPTS’ compensation hereunder reflects such allocations. THE LIMITATION OF LIABILITY AND TYPES OF DAMAGES STATED IN THIS AGREEMENT ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE CLAIMFORM OF LAWSUIT OR CLAIM A PARTY MAY BRING, WHETHER IN TORT, CONTRACT OR OTHERWISE, AND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS TERMS OF SERVICE FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. UNDER IN NO CIRCUMSTANCESEVENT SHALL WE BE LIABLE FOR ANY LOST PROFITS, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTSLOSS OF DATA, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE NIHAOPAY PAYMENT PROCESSING SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR NIHAOPAY ACCOUNT OR THE INFORMATION CONTAINED THEREIN, OR YOUR FAILURE TO USE OR IMPLEMENT SECURITY CONTROLS THAT RESULT ARE APPROPRIATE FOR YOUR BUSINESS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE NIHAOPAY PAYMENT PROCESSING SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE NIHAOPAY PAYMENT PROCESSING SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NIHAOPAY PAYMENT PROCESSING SERVICES; (D) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE NIHAOPAY PAYMENT PROCESSING SERVICES; (E) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE NIHAOPAY PAYMENT PROCESSING SERVICES; AND/OR (F) USER CONTENT OR THE INABILITY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. WITHOUT LIMITING ANYTHING TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITECONTRARY, THE SITE ITSELFDISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO NIHAOPAY PAYMENT PROCESSING SERVICES DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER INTERACTIONS WITH COMPANY, BASIS. THE LIMITATIONS APPLY EVEN IF COMPANY NIHAOPAY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS NIHAOPAY PARTNERED BANK HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT FOREGOING WILL APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. LAW IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMAPPLICABLE JURISDICTION.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, INCLUDING NEGLIGENCE, SHALL COMPANY WILL EITHER PARTY OR ITS AFFILIATESAFFILIATES BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, CONTRACTORSLOST PROFITS, EMPLOYEES, AGENTSDATA OR BUSINESS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANYTHIS AGREEMENT, EVEN IF COMPANY SUCH PARTY OR A COMPANY SUCH PARTY’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW EXCEPT IN THE LIMITATION OR EXCLUSION CASE OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGESBREACHES OF CONFIDENTIALITY PURSUANT TO SECTION 13, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASESAND EXCEPT FOR AMOUNTS EXPRESSLY DUE AND OWING HEREUNDER, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANYWILL ZUCKS’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU CLIENT OR ANY OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE THIS AGREEMENT (WHETHER IN CONTRACTCONTRACT OR TORT, TORTINCLUDING NEGLIGENCE, WARRANTY, INDEMNIFICATION OR OTHERWISE) EXCEED THE GREATER LESSER OF THE AMOUNT RECEIVED BY ZUCKS FROM CLIENT FOR THE ORDER TO WHICH THE CLAIM RELATES OR FIVE THOUSAND US DOLLARS (USD 5,000.00). CLIENT SHALL NOT COMMENCE ANY ACTION, SUIT OR PROCEEDING AGAINST ZUCKS MORE THAN ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (61) MONTHS PRECEDING YEAR AFTER THE DATE OF UPON WHICH THE CLAIMCLAIM AROSE.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDINGSAFEPAY, BUT NOT LIMITED TOITS ISSUERS, NEGLIGENCEITS PROCESSORS, SHALL COMPANY OR ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF SAFEPAY; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SAFEPAY; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH SAFEPAY BY ANY THIRD PARTY PARTNERS PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH SAFEPAY; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SAFEPAY, ITS ISSUERS, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY SPECIALCLAIMS, INDIRECTPROCEEDINGS, INCIDENTALLIABILITIES, CONSEQUENTIALOBLIGATIONS, DAMAGES, LOSSES OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR COSTS IN AN AMOUNT EXCEEDING INR 500. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE INABILITY TO USE THE COMPANY MATERIALS ALLEGED LIABILITY IS BASED ON THE SITECONTRACT, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITETORT, THE SITE ITSELFNEGLIGENCE, STRICT LIABILITY, OR ANY OTHER INTERACTIONS WITH COMPANYBASIS, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE SAFEPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. APPLICABLE LAW MAY NOT ALLOW THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT SHALL APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAWLAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATESSafePay is controlled and operated from facilities in India. SafePay makes no representations that SafePay is appropriate or available for use in other locations. Those who access or use SafePay from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws of the Republic of India and local laws and regulations, CONTRACTORSincluding but not limited to export and import regulations. You may not use SafePay if you are a resident of a country embargoed by India, EMPLOYEESor are a foreign person or entity blocked or denied by the government of India. Unless otherwise explicitly stated, AGENTSall materials found on SafePay are solely directed to individuals, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGEScompanies, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMor other entities located in India.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, INCLUDING NEGLIGENCE, SHALL COMPANY WILL DEVOKR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, ANY OF THE AFFILIATED ENTITIES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES DAMAGES, OR ANY LOSS OF PROFIT OR REVENUE (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA OR CONTENT SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, THAT RESULT RESULTS FROM YOUR THIS AGREEMENT, CUSTOMER CONTENT, OR THE PROVISION OR USE OR THE INABILITY TO PROVIDE OR USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANYSERVICES, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE DEVOKR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR WILL DEVOKR AND ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERSAFFILIATES AND SUBSIDIARIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE THIS AGREEMENT (WHETHER IN CONTRACT, CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, INDEMNIFICATION, OR OTHERWISE) EXCEED THE GREATER AMOUNT RECEIVED BY DEVOKR FROM YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. YOU WILL NOT COMMENCE ANY ACTION, SUIT, OR PROCEEDING AGAINST DEVOKR MORE THAN ONE YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE. ALL LIMITATIONS OF ONE HUNDRED DOLLARS LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH DEVOKR AND THE FEES AFFILIATED ENTITIES, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ONLY THE LIMITATIONS WHICH ARE LAWFUL WILL APPLY TO YOU HAVE PAID AND DEVOKR’S LIABILITY WILL BE LIMITED TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMMAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES8.1. EACH PARTY’S TOTAL AGGREGATE LIABILITY REGARDLESS OF THE FORM OF ACTION, INCLUDINGWHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TOTO NEGLIGENCE), NEGLIGENCEBREACH OF STATUTORY DUTY, STRICT LIABILITY OR OTHER THEORY, WITH RESPECT TO ALL SUBJECT MATTER RELATING TO THE AGREEMENT SHALL COMPANY NOT EXCEED THE TOTAL OF THE AMOUNTS PAID AND PAYABLE TO ONETRUST (WHETHER OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD NOT INVOICED) UNDER THE AGREEMENT IN THE YEAR PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. 8.2. NEITHER PARTY PARTNERS OR SUPPLIERS, WILL BE LIABLE TO YOU FOR ANY ANY: (A) SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES; (B) LOSS OF REVENUES; (C) LOSS OF PROFITS; (D) LOSS OR INACCURACY OF DATA; OR (E) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SO SERVICES OR TECHNOLOGY, ARISING IN CONNECTION WITH THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AGREEMENT, IN SUCH CASESEACH CASE, COMPANY’S LIABILITY WILL BE LIMITED TO REGARDLESS OF THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES FORM OF ACTION ARISING OUT OF (AND WHETHER (B) THROUGH (E) ARE DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (CONSEQUENTIAL), WHETHER IN CONTRACT, TORTTORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), WARRANTYBREACH OF STATUTORY DUTY, STRICT LIABILITY OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMOTHER THEORY.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESTHE ENTIRE CUMULATIVE LIABILITY OF DEVELOPER, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, AND SERVICES PROVIDERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE, UNLESS OTHERWISE SEPARATELY AGREED BY DEVELOPER IN WRITING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER, ITS SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIALEXEMPLARY, OR EXEMPLARY CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT RESULT FROM YOUR USE DOES NOT MEET DEVELOPER’S SYSTEMS REQUIREMENTS OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITELIKE, ANY USER SUBMISSIONS WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANYOTHERWISE, EVEN IF COMPANY DEVELOPER, ITS SUPPLIERS, SERVICE PROVIDERS, OR A COMPANY AUTHORIZED REPRESENTATIVE HAS ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMITS ESSENTIAL PURPOSE.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESNEITHER PARTY NOR ANY OF ITS AFFILIATES (AND IN THE CASE OF CCH, ITS SUPPLIERS, LICENSORS OR CONSULTANTS) WILL HAVE ANY LIABILITY TO THE OTHER OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, NEGLIGENCEANY CONTRACTOR, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTSAGENT, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU AFFILIATE OF CUSTOMER) FOR ANY SPECIALLOSS OF PROFITS, INDIRECTSALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL AND PUNITIVE DAMAGES, SO THE ABOVE LIMITATION OF ANY KIND OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S NATURE RESULTING FROM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF THIS AGREEMENT, THE APPLICATION, SUPPORT AND/OR RELATING SERVICES; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY FOR ANY BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS UNDER SECTION 10.1 OR A BREACH OF A PARTY’S (OR IN THE CASE OF CCH, ITS SUPPLIERS, LICENSORS OR CONSULTANTS, AS APPLICABLE) OWNERSHIP RIGHTS BY THE OTHER PARTY AS SET FORTH HEREIN. THE TOTAL LIABILITY OF CCH AND ITS SUPPLIERS, LICENSORS AND CONSULTANTS TO THESE TERMS CUSTOMER OR YOUR USE ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE SITE (WHETHER IN CONTRACTAPPLICATION, TORT, WARRANTY, SUPPORT AND/OR OTHERWISE) SERVICES FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND TOTAL FEES PAID OR PAYABLE BY CUSTOMER FOR THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER APPLICABLE APPLICATION DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM.TWELVE

Limitation of Liability and Damages. UNDER IN NO CIRCUMSTANCESEVENT SHALL A DISCLAIMING ENTITY (AS DEFINED IN XXXXXXX 0 XXXXX) XX LIABLE FOR ANY LOST PROFITS, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTSLOSS OF DATA, OR THIRD PARTY PARTNERS OR SUPPLIERSANY INDIRECT, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECTPUNITIVE, INCIDENTAL, CONSEQUENTIALSPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES (AS DEFINED IN XXXXXXX 0 XXXXX) XX RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR SERVICE ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE DISCLAIMING ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (D) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; (E) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (F) USER CONTENT OR THE INABILITY TO USE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. WITHOUT LIMITING THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITEFOREGOING PROVISIONS OF THIS SECTION 9, THE SITE ITSELFDISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO SHOPIFY DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER INTERACTIONS WITH COMPANY, BASIS. THE LIMITATIONS APPLY EVEN IF COMPANY SHOPIFY, STRIPE OR A COMPANY AUTHORIZED REPRESENTATIVE HAS XXXXX FARGO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION PROVISIONS OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT THIS SECTION 9 SHALL APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAWLAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATESThe Service is controlled and operated from its facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States, CONTRACTORSforeign and local laws and regulations, EMPLOYEESincluding but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, AGENTSor are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGESall materials found on the Service are solely directed to individuals, LOSSEScompanies, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMor other entities located in the United States.

Limitation of Liability and Damages. UNDER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CIRCUMSTANCESEVENT SHALL PRIVACY FACTORY, INCLUDINGITS PROCESSORS, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY SUPPLIERS OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL PRIVACY FACTORY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIVACY FACTORY AND ITS PROCESSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY PARTNERS PARTY; (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT SHARING THROUGH THE SERVICES; AND/OR (g) USER CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PRIVACY FACTORY, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY SPECIALCLAIMS, INDIRECTPROCEEDINGS, INCIDENTALLIABILITIES, CONSEQUENTIALOBLIGATIONS, DAMAGES, LOSSES OR EXEMPLARY DAMAGES THAT RESULT FROM COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY PRIVACY FACTORY IN CONNECTION WITH YOUR USE OR OF THE INABILITY SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO USE THE COMPANY MATERIALS CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON THE SITECONTRACT, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITETORT, THE SITE ITSELFNEGLIGENCE, STRICT LIABILITY, OR ANY OTHER INTERACTIONS WITH COMPANYBASIS, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE PRIVACY FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. APPLICABLE LAW MAY NOT ALLOW THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT SHALL APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM.

Limitation of Liability and Damages. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY) OR OTHERWISE, EXCEPT FOR: (i) CLAIMS FOR WHICH A PARTY HAS AN OBLIGATION OF INDEMNITY UNDER NO CIRCUMSTANCES, INCLUDINGTHIS AGREEMENT; OR (ii) ANY BREACH OF SECTION 4 (SETTLEMENT AND PAYMENT) OR SECTION 7 (CONFIDENTIAL INFORMATION) CONSEQUENTIAL DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, NEGLIGENCELOST PROFITS, SHALL COMPANY OR ITS AFFILIATESLOST REVENUES, CONTRACTORSLOST BUSINESS OPPORTUNITIES, EMPLOYEES, AGENTSBUSINESS INTERRUPTIONS, OR THIRD PARTY PARTNERS LOSS OF BUSINESS INFORMATION ARISING OUT OF THE PERFORMANCE OR SUPPLIERS, NON-PERFORMANCE HEREUNDER OR ANY USE OF OR FAILURE TO BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY ABLE TO USE THE COMPANY MATERIALS ON THE SITESERVICES, ANY USER SUBMISSIONS WHETHER OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, NOT A PARTY WAS OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS SHOULD HAVE BEEN ADVISED AWARE OF THE POSSIBILITY OF SUCH THESE DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM11.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT 13.1 Limitation of Liability OUR ROCK SHALL NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT RESULTING FROM YOUR ACCESS TO OR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITEOF ANY OUR ROCK PLATFORM, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITESERVICES, THE SITE ITSELFCONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, YOUR DISPLAYING, COPYING, DOWNLOADING, OR USING, ANY CONTENT, INCLUDING FROM OR THROUGH ANY OUR ROCK PLATFORM. OUR ROCK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY OUR ROCK PLATFORM, CONTENT, OR SERVICE TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY OUR ROCK PLATFORM, SERVICE, OR CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, OR FOR ANY LACK OF ACCESS TO ANY OUR ROCK PLATFORM, CONTENT, OR SERVICE, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS. OUR ROCK MAY INTERRUPT ANY OUR ROCK PLATFORM OR SERVICE AT ANY TIME TO PERFORM MAINTENANCE, TO ADDRESS SECURITY BREACHES, OR FOR ANY OTHER INTERACTIONS REASON, OR NO REASON AT ALL, WITH COMPANY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF NO LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAWYOU WHATSOEVER. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY OUR ROCK BE LIABLE TO YOU FOR ALL DAMAGESANY INDIRECT, LOSSESEXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF OUR ROCK KNOWS OR HAS BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN OUR ROCK AND CAUSES OF ACTION ARISING OUT OF RECEIVED THROUGH OR RELATING TO ADVERTISED ON ANY OUR ROCK PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES. THESE TERMS DO NOT GRANT YOU OR YOUR USE OF THE SITE (WHETHER ANY THIRD PARTY NOT IN CONTRACTPRIVITY TO THIS AGREEMENT ANY GREATER OR ADDITIONAL RIGHTS OR REMEDIES AGAINST YOU OR OUR ROCK THAN SUCH THIRD PARTY MIGHT OTHERWISE HAVE ABSENT THESE TERMS. THESE TERMS DO NOT GRANT ANY THIRD PARTY BENEFICIARY RIGHTS, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMSUCH RIGHTS ARE EXPRESSLY DISCLAIMED.

Limitation of Liability and Damages. UNDER IN NO CIRCUMSTANCESEVENT SHALL XXXX, INCLUDINGITS AFFILIATES OR ANY OFFICERS, BUT NOT LIMITED TODIRECTORS, NEGLIGENCEEMPLOYEES, SHALL COMPANY SHAREHOLDERS, OR REPRESENTATIVES OF XXXX OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU LICENSEE OR ANY END USERS FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIALEXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGE OR LOSS OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM DELAY, LOSS OF PROFITS, INJURY TO PERSON, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR LOSS OF GOODWILL WHICH MAY ARISE IN CONNECTION WITH THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELFXXXX SYSTEM, OR ANY OTHER INTERACTIONS WITH COMPANYOTHERWISE PERTAINING TO THIS AGREEMENT (INCLUDING THE HOSTING SERVICES), EVEN IF COMPANY LICENSEE OR A COMPANY AUTHORIZED REPRESENTATIVE HAS ITS END USERS HAVE BEEN ADVISED NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGESDAMAGES OCCURRING. APPLICABLE LAW MAY NOT ALLOW THE PARTIES AGREE THAT THIS LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOUSHALL SURVIVE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF AN EXCLUSIVE REMEDY. IN SUCH CASESADDITION, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S ADAM'S CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES TO LICENSEE OR ITS AFFILIATESANY END USERS EXCEED AN AMOUNT EQUAL TO THE AMOUNT OF FEES PAID BY LICENSEE HEREUNDER, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE REGARDLESS OF THE SITE (FORM OF ACTION, WHETHER IN BASED ON CONTRACT, TORT, WARRANTYNEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE) EXCEED . XXXX SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR EXTERNAL ENVIRONMENTAL CONDITIONS THAT MAY AFFECT THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE PERFORMANCE OF THE CLAIMXXXX SYSTEM OR HOSTING SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OR INTERRUPTION OF POWER.

Limitation of Liability and Damages. UNDER IN NO CIRCUMSTANCESEVENT SHALL A DISCLAIMING ENTITY (AS DEFINED ABOVE) BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THIS AGREEMENT OR THE NORAMP SERVICES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, NEGLIGENCETHE USE OF, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTSINABILITY TO USE, OR UNAVAILABILITY OF THE NORAMP SERVICES. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE NORAMP SERVICES OR YOUR NORAMP SERVICES ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. THE DISCLAIMING ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE NORAMP SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE NORAMP SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NORAMP SERVICES; (IV) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE NORAMP SERVICES; (V) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE NORAMP SERVICES; AND/OR (VI) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY PARTNERS OR SUPPLIERSPARTY. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, BE LIABLE THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES, AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO NORAMP DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR ANY SPECIALLIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INDIRECTINCLUDING, INCIDENTALWITHOUT LIMITATION, CONSEQUENTIALCONTRACT, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITETORT (INCLUDING NEGLIGENCE), ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELFSTRICT LIABILITY, OR ANY OTHER INTERACTIONS WITH COMPANY, BASIS. THE LIMITATIONS APPLY EVEN IF COMPANY NORAMP OR A COMPANY AUTHORIZED REPRESENTATIVE HAS THE PROCESSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION PROVISIONS OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT THIS SECTION SHALL APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAWLAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATESThe NoRamp Services are controlled and operated from facilities in the United States. We make no representations that the NoRamp Services are appropriate or available for use in other locations. Those who access or use the NoRamp Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and foreign and local laws and regulations, CONTRACTORSincluding, EMPLOYEESbut not limited to, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMexport and import regulations. You may not use the NoRamp Services if you are a resident of a sanctioned country embargoed by the United States.

Limitation of Liability and Damages. UNDER IN NO CIRCUMSTANCESEVENT SHALL OPIE BE LIABLE OR OBLIGATED TO YOU OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCLUDINGINCIDENTAL, BUT NOT LIMITED TOEXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. OPIE CHOICE’S SOLE AND COMPLETE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ERRORS, OMISSIONS OR MISPLACEMENTS OF SERVICES SHALL COMPANY BE LIMITED TO THE AMOUNT OF MEMBERSHIP FEES PAID HEREUNDER. IN NO EVENT WILL OPIE CHOICE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD THIRD-PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR SUPPLIERS HAVE ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, ANY USER SUBMISSIONS OR OTHER CONTENT ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS THIS AGREEMENT OR YOUR USE OF THE SITE WEBSITE (WHETHER IN CONTRACT, TORTTORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM).

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESCIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDINGWHETHER IN TORT, BUT NOT LIMITED TOCONTRACT, NEGLIGENCEOR OTHERWISE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, LICENSOR BE LIABLE TO YOU LICENSEE OR TO ANYOTHER PERSON FOR LOSS OF PROFITS, DAMAGES, ANY SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY PUNITIVE DAMAGES, OR FOR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), COSTS AND EXPENSES RELATED TO CLAIMS THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS COMPOSITIONS INFRINGE ON THE SITE, ANY USER SUBMISSIONS INTELLECTUAL PROPERTY OR OTHER CONTENT ON THE SITERIGHTS OF ANY PERSON, THE SITE ITSELFWITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, BUSINESS INTERRUPTION, INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER INTERACTIONS DAMAGE OR LOSS. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES WITH COMPANYRESPECT TO ANY PRODUCT IN EXCESS OF THE PRICE PAID FOR SUCH PRODUCT, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW AND NOTWITHSTANDING THE LIMITATION FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTIONE SHALL SURVIVE TERMINATION OR EXCLUSION EXPIRATION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMTHIS AGREEMENT.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCESCIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDINGWHETHER IN TORT, BUT NOT LIMITED TOCONTRACT, NEGLIGENCEOR OTHERWISE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, LICENSOR BE LIABLE TO YOU LICENSEE OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, DAMAGES, ANY SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY PUNITIVE DAMAGES, OR FOR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), COSTS AND EXPENSES RELATED TO CLAIMS THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS COMPOSITIONS INFRINGE ON THE SITE, ANY USER SUBMISSIONS INTELLECTUAL PROPERTY OR OTHER CONTENT ON THE SITERIGHTS OF ANY PERSON, THE SITE ITSELFWITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, BUSINESS INTERRUPTION, INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER INTERACTIONS DAMAGE OR LOSS. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES WITH COMPANYRESPECT TO ANY PRODUCT IN EXCESS OF THE PRICE PAID FOR SUCH PRODUCT, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW AND NOTWITHSTANDING THE LIMITATION FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION E SHALL SURVIVE TERMINATION OR EXCLUSION EXPIRATION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOUTHIS AGREEMENT. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAWOther Provisions Successors/Assigns. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES YOU HAVE PAID TO THE COMPANY HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIMLicensee is prohibited from assigning this Agreement. Any attempt by Licensee to assign this Agreement will be void and the rights granted herein shall cease immediately.