Common use of LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES Clause in Contracts

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. You understand and agree that we have no control over, and no duty to take any action regarding: ● which members subscribe to our Services; ● what content you access via our Services; ● what effect the content may have on you; ● how you may interpret or use the content; or ● what actions you may take as a result of your exposure to the content. You release us from all liability related to you acquiring or not acquiring content through our Services. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any such content contained in or accessed through our Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through our Services. Your interactions with organizations and/or individuals found on or through the Site, including membership payment or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. Warranty & Limitation of Liability (or The Things You Can’t Sue Us For) Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE "COMPANY PARTIES") BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED) OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT, MATERIALS, TEMPLATES, AGREEMENTS AND FORMS PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS, TEMPLATES, AGREEMENTS, AND FORMS; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF: (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) €100.00. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Warranty Disclaimer OUR SERVICES AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT, MATERIALS AND FORMS ACCESSIBLE VIA THE SITE ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. OBTAINING ANY FORMS OR MATERIALS THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Indemnification (or What Happens If You Get Us Sued) To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) any User Content you post, program, upload, use, distribute, store, or otherwise transmit through the Site; (iii) your violation of any term of this Agreement; or, (iv) your violation of any law, rule, or regulation, or the rights of any third party.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. You understand and agree that we have no control over, and no duty Any liability arising out of the Services for which Green Pier is determined to take any action regarding: ● which members subscribe be responsible shall be limited to our Services; ● what content you access via our Services; ● what effect the content may have on you; ● how you may interpret or use the content; or ● what actions you may take as a result of your exposure an amount equal to the contentbenefit which would have resulted from the transaction during the time periods in which you should have acted, as specified in Section 5 of this Agreement. You release us from all liability related to Additionally, you acquiring or not acquiring content through our Services. The Site may contain, or direct you to websites containing, information understand that some people may find offensive or inappropriate. We make no representations concerning any such content contained in or accessed through our Site, and we Green Pier will not be responsible or liable for the accuracy, copyright compliancecompleteness, legalitytimeliness or use of any information received by it or received by me through [the Green Pier website or app] and the Services and that Green Pier does not make any warranty concerning such information. You understand that all orders placed through [the Green Pier website or app] and the Services are at your sole risk and responsibility. You agree that neither Green Pier nor any third party working with Green Pier to provide the Services shall be responsible for any damages caused by communications line failure, or decency unauthorized access, theft, systems failure, and other occurrences beyond its reasonable control. You agree to provide all equipment to access [the Green Pier website] and the Services and you will be solely responsible for paying all charges related thereto. You expressly acknowledge and agree that the use and storage of material contained in or accessed through our Services. Your interactions with organizations and/or individuals found on or through the Siteany information, including membership payment or serviceswithout limitation, transaction activity, account balances, and any other termsinformation or orders available through use of [the Green Pier website] and the Services is at your sole risk and responsibility. NEITHER GREEN PIER NOR ANY THIRD PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF [THE GREEN PIER WEBSITE, conditionsAPP] OR THE SERVICES OR ANY INFORMATION PROGRAMS OR PRODUCTS OBTAINED FROM, warrantiesTHROUGH, or representations associated with such dealingsOR IN CONNECTION WITH [THE GREEN PIER WEBSITE, are solely between you and such organizations and/or individualsAPP] AND THE SERVICES. Warranty & Limitation of Liability (or The Things You Can’t Sue Us For) Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE XXXX XXXXX PIER OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE "COMPANY PARTIES") THIRD-PARTY BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED) OF RESULTING FROM ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT, MATERIALS, TEMPLATES, AGREEMENTS AND FORMS PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS DEFECT IN ANY CONTENT, MATERIALS, TEMPLATES, AGREEMENTS, AND FORMS; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF [THE SITE OR OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGSGREEN PIER WEBSITE, VIRUSES, TROJAN HORSES, APP] OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF: (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) €100.00. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Warranty Disclaimer OUR SERVICES AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT, MATERIALS AND FORMS ACCESSIBLE VIA THE SITE ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. OBTAINING ANY FORMS OR MATERIALS THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Indemnification (or What Happens If You Get Us Sued) To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) any User Content you post, program, upload, use, distribute, store, or otherwise transmit through the Site; (iii) your violation of any term of this Agreement; or, (iv) your violation of any law, rule, or regulation, or the rights of any third partySERVICES.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. You understand and agree that we have no control over, and no duty to take any action regarding: ● which members subscribe to our Services; ● what content you access via our Services; ● what effect the content may have on you; ● how you may interpret or use the content; or ● what actions you may take as a result of your exposure to the content. You release us from all liability related to you acquiring or not acquiring content through our Services. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any such content contained in or accessed through our Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through our Services. Your interactions with organizations and/or individuals found on or through the Site, including membership payment or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. Warranty & Limitation of Liability (or The Things You Can’t Sue Us For) Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE "COMPANY PARTIES") Montgomery AFCEA SHALL NOT BE LIABLE TO YOU UNDER CONTRACTFOR ANY DIRECT, TORTINDIRECT, STRICT LIABILITYINCIDENTAL, NEGLIGENCESPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: RESULTING FROM (A) ANY LOST PROFITS, DATA LOSS, THE USE OR THE INABILITY TO USE Montgomery AFCEA OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR SERVICES, (C) RESULTING FROM ANY GOODS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, SERVICES PURCHASED OR CONSEQUENTIAL DAMAGES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH Montgomery AFCEA OR (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTEDD) OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT, MATERIALS, TEMPLATES, AGREEMENTS AND FORMS PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS, TEMPLATES, AGREEMENTS, AND FORMS; (II) ANY FROM UNAUTHORIZED ACCESS TO OR USE ALTERATION OF THE SITE YOUR TRANSMISSIONS OR OUR SECURE SERVERS AND/DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGSOTHER INTANGIBLE, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF: (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) €100.00. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE EVEN IF Montgomery AFCEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Warranty Disclaimer OUR SERVICES AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES ARE Montgomery AFCEA IS AT YOUR SOLE RISK. Montgomery AFCEA IS PROVIDED ON AN "AS-AS IS" AND "AS-AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KINDBASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM Montgomery AFCEA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PURPOSE OR NON-INFRINGEMENT. Montgomery AFCEA makes no warranty that the Montgomery AFCEA website' services will be uninterrupted, FREEDOM FROM COMPUTER VIRUSsecure or error free. Montgomery AFCEA does not guarantee the accuracy or completeness of any information in, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALINGor provided in connection with, COURSE OF PERFORMANCEthe Montgomery AFCEA website. Montgomery AFCEA is not responsible for any errors or omissions, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT, MATERIALS AND FORMS ACCESSIBLE VIA THE SITE ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. OBTAINING ANY FORMS OR MATERIALS THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Indemnification (or What Happens If You Get Us Sued) To for the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless results obtained from the Company Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of such information. You understand and access to the Site; (ii) agree that any User Content you post, program, upload, use, distribute, store, material and/or data downloaded or otherwise transmit obtained through the Site; (iii) use of the Montgomery AFCEA site is at your violation own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of any term data that results from the download of this Agreement; or, (iv) your violation of any law, rule, or regulation, or the rights of any third partysuch material and/or data.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. You understand and agree that we have no control over, and no duty Any liability arising out of the Services for which Fidelity is determined to take any action regarding: ● which members subscribe be responsible shall be limited to our Services; ● what content you access via our Services; ● what effect the content may have on you; ● how you may interpret or use the content; or ● what actions you may take as a result of your exposure an amount equal to the contentbenefit that would have resulted from the transac- tion during the time periods in which I should have acted, as specified in Section 4 of this agreement. You release us from all liability related to you acquiring or not acquiring content through our Services. The Site may containAdditionally, or direct you to websites containing, information I understand that some people may find offensive or inappropriate. We make no representations concerning any such content contained in or accessed through our Site, and we Fidelity will not be responsible or liable respon- sible for the accuracy, copyright compliancecompleteness, legalitytimeliness, or decency use of material contained in any information received by it or accessed through our Services. Your interactions with organizations and/or individuals found on or received by me through the SiteServices and that Fidelity does not make any war- ranty concerning such information. I understand that all orders placed through the Services are at my sole risk and responsibility. I agree that neither Fidelity nor any third party working with Fidelity to provide services hereunder shall be responsible for any damages caused by commu- nications line failure, unauthorized access, theft, systems failure, and other occurrences beyond its reasonable con- trol. I agree to provide all telephone and other equipment to access the Services and I will be solely responsible for paying all charges related thereto. I expressly acknowledge and agree that the use and storage of any information, including membership payment or serviceswithout limitation transaction activity, account balances, and any other termsinfor- mation or orders available through use of the Services is at my sole risk and responsibility. NEITHER FIDELITY NOR ANY THIRD PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, conditionsEXPRESSED OR IMPLIED, warrantiesINCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE SERVICES OR ANY INFORMATION PROGRAMS OR PRODUCTS OBTAINED FROM, or representations associated with such dealingsTHROUGH, are solely between you and such organizations and/or individualsOR IN CONNECTION WITH THE SERVICES. Warranty & Limitation of Liability (or The Things You Can’t Sue Us For) Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE FIDELITY OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE "COMPANY PARTIES") THIRD PARTY BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED) OF RESULTING FROM ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT, MATERIALS, TEMPLATES, AGREEMENTS AND FORMS PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS DEFECT IN ANY CONTENT, MATERIALS, TEMPLATES, AGREEMENTS, AND FORMS; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGSSERVICES. Fidelity reserves the right to limit the number of free real- time quotes, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF: (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) €100.00. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Warranty Disclaimer OUR SERVICES AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT, MATERIALS AND FORMS ACCESSIBLE VIA THE SITE ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. OBTAINING ANY FORMS OR MATERIALS THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Indemnification (or What Happens If You Get Us Sued) To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) any User Content you post, program, upload, use, distribute, store, or otherwise transmit those provided through the Site; (iii) your violation of any term of this Agreement; or, (iv) your violation of any law, rule, or regulation, or the rights of any third partyServices.