Common use of LIMITATIONS; WAIVERS OF LIABILITY Clause in Contracts

LIMITATIONS; WAIVERS OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS (COLLECTIVELY, THE "COMPANY PARTIES") SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE ; (v) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (Viii) ANY OTHER MATTER RELATING TO THE SERVICE. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN THE CONNECTION WITH THESE TERMS AND ANY USE OF THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO CASE EXCEED THE GREATER OF (i) FEES PAID BY YOU FOR THE PREVIOUS 12 MONTHS, AND (ii) $100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATIONS; WAIVERS OF LIABILITY. YOU EXPRESSLY UNDERSTAND ACKNOWLEDGE AND AGREE THAT WETHAT, OUR SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS (COLLECTIVELYTO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE "COMPANY PARTIES"DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE GOLFSTATUS PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILLGOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) . PARTICIPATING IN ANY PHYSICAL ACTIVITY INVOLVES SOME RISK OF PHYSICAL INJURY OR DEATH. GOLFSTATUS PARTIES DO NOT ASSUME ANY RESPONSIBILITY FOR THE COST CONTENT OF PROCUREMENT GOLFSTATUS, FOR THE BEHAVIOR OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM USERS, OR FOR ANY GOODS, PRODUCTS, DATA, INFORMATION OTHER RISK OF BODILY INJURY OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED DEATH ARISING IN CONNECTION WITH USING GOLFSTATUS. GOLFSTATUS PARTIES ARE NOT RESPONSIBLE FOR ENSURING ACCESS TO OR THE LOSSLOCATIONS WHERE GOLFSTATUS IS USED. USERS PARTICIPATE IN GOLFSTATUS AT THEIR OWN RISK. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE GOLFSTATUS PARTIES ARE NOT LIABLE, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONSAND YOU AGREE NOT TO SEEK TO HOLD THE GOLFSTATUS PARTIES LIABLE, CONTENT OR DATA; (iv) STATEMENTS OR FOR THE CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICEPARTIES, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION INCLUDING OTHER USERS OF THE SERVICE ; (v) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL THE GOLFSTATUS PARTIES BE LIABLE TO PROTECT YOU FOR MORE THAN THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (Viii) ANY OTHER MATTER RELATING TO THE SERVICE. OUR MAXIMUM LIABILITY ARISING OUT OF OR AMOUNT YOU HAVE PAID GOLFSTATUS IN THE CONNECTION ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID GOLFSTATUS ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THESE TERMS GOLFSTATUS IS TO STOP USING THE SERVICE AND ANY USE OF THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO CASE EXCEED THE GREATER OF (i) FEES PAID BY YOU FOR THE PREVIOUS 12 MONTHS, AND (ii) $100.00TO CANCEL YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITYLIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLYTHEREFORE, ONLY SOME OF THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL THE SECTION MAY NOT APPLY TO YOU AND OUR YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAWFOR DEATH OR SPECIAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF GOLFSTATUS.

LIMITATIONS; WAIVERS OF LIABILITY. YOU EXPRESSLY UNDERSTAND ACKNOWLEDGE AND AGREE THAT WETHAT, OUR SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS (COLLECTIVELYTO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE "COMPANY PARTIES"DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE SCHOOL2LIFE PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILLGOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) . YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE COST OF PROCUREMENT OF SUBSTITUTE GOODS SCHOOL2LIFE PARTIES ARE NOT LIABLE, AND SERVICES RESULTING FROM ANY GOODSYOU AGREE NOT TO SEEK TO HOLD THE SCHOOL2LIFE PARTIES LIABLE, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM FOR THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICEPARTIES, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION INCLUDING OTHER USERS OF THE SERVICE ; (v) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT OPERATORS OF EXTERNAL SITES, AND THAT THE CONFIDENTIALITY RISK OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS SERVICE AND EXTERNAL SITES AND OF ANY THIRD PARTY USING OR INTEGRATING INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (Viii) ANY OTHER MATTER RELATING YOU. TO THE SERVICE. OUR MAXIMUM LIABILITY ARISING OUT OF OR EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE SCHOOL2LIFE PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID SCHOOL2LIFE IN THE CONNECTION ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID SCHOOL2LIFE ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THESE TERMS SCHOOL2LIFE IS TO STOP USING THE SERVICE AND ANY USE OF THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO CASE EXCEED THE GREATER OF (i) FEES PAID BY YOU FOR THE PREVIOUS 12 MONTHS, AND (ii) $100.00TO CANCEL YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITYLIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLYTHEREFORE, ONLY SOME OF THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL THE SECTION MAY NOT APPLY TO YOU AND OUR YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAWFOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF SCHOOL2LIFE.

LIMITATIONS; WAIVERS OF LIABILITY. YOU EXPRESSLY UNDERSTAND ACKNOWLEDGE AND AGREE THAT WETHAT, OUR SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS (COLLECTIVELYTO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE "COMPANY PARTIES"DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE FACEBOOK BY FONETWISH PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILLGOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) . YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE COST OF PROCUREMENT OF SUBSTITUTE GOODS FACEBOOK BY FONETWISH PARTIES ARE NOT LIABLE, AND SERVICES RESULTING FROM ANY GOODSYOU AGREE NOT TO SEEK TO HOLD THE FACEBOOK BY FONETWISH PARTIES LIABLE, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM FOR THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICEPARTIES, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION INCLUDING OTHER USERS OF THE SERVICE ; (v) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT OPERATORS OF EXTERNAL SITES, AND THAT THE CONFIDENTIALITY RISK OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS SERVICE AND EXTERNAL SITES AND OF ANY THIRD PARTY USING OR INTEGRATING INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (Viii) ANY OTHER MATTER RELATING YOU. TO THE SERVICE. OUR MAXIMUM LIABILITY ARISING OUT OF OR EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE FACEBOOK BY FONETWISH PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID FACEBOOK BY FONETWISH IN THE CONNECTION ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID FACEBOOK BY FONETWISH ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THESE TERMS FACEBOOK BY FONETWISH IS TO STOP USING THE SERVICE AND ANY USE OF THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO CASE EXCEED THE GREATER OF (i) FEES PAID BY YOU FOR THE PREVIOUS 12 MONTHS, AND (ii) $100.00TO CANCEL YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITYLIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLYTHEREFORE, ONLY SOME OF THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL THE SECTION MAY NOT APPLY TO YOU AND OUR YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF FACEBOOK BY LAWFONETWISH.

LIMITATIONS; WAIVERS OF LIABILITY. YOU EXPRESSLY UNDERSTAND ACKNOWLEDGE AND AGREE THAT WETHAT, OUR SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS (COLLECTIVELYTO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE "COMPANY PARTIES"DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY PRODUCTS OBTAINED IN CONNECTION THEREWITH, UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT ZELF SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILLGOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, DATATHE SERVICES OR ANY PRODUCTS THEREON. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT ZELF IS NOT LIABLE, COVER OR AND YOU AGREE NOT TO SEEK TO HOLD ZELF LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING BRANDS, INFLUENCERS, OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED USERS OF THE POSSIBILITY SERVICES, AND OPERATORS OF SUCH DAMAGES) RESULTING FROM: EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES, PRODUCTS, AND EXTERNAL SITES OR APPLICATIONS AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL ZELF BE LIABLE TO YOU FOR MORE THAN (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE ; (v) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (Viii) ANY OTHER MATTER RELATING TO THE SERVICE. OUR MAXIMUM LIABILITY ARISING OUT OF OR AMOUNT YOU HAVE PAID ZELF IN THE CONNECTION WITH THESE TERMS AND ONE HUNDRED EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY USE OF THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO CASE EXCEED THE GREATER OF (i) FEES PAID BY YOU FOR THE PREVIOUS 12 MONTHS, AND CLAIM; or (ii) $100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY100, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAWwhichever is greater.

LIMITATIONS; WAIVERS OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS (COLLECTIVELY, THE "COMPANY PARTIES") SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE ; (v) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vivii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (viiSERVICE;(viii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (Viii) ANY OTHER MATTER RELATING TO THE SERVICE. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN THE CONNECTION WITH THESE TERMS AND ANY USE OF THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO CASE EXCEED THE GREATER OF (i) FEES PAID BY YOU FOR THE PREVIOUS 12 MONTHS, AND (ii) $100.00. LAST UPDATED: JULY 9th, 2018 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATIONS; WAIVERS OF LIABILITY. YOU EXPRESSLY UNDERSTAND ACKNOWLEDGE AND AGREE THAT WETHAT, OUR SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS (COLLECTIVELYTO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE "COMPANY PARTIES"DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE KSB PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILLGOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) . YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE COST OF PROCUREMENT OF SUBSTITUTE GOODS KSB PARTIES ARE NOT LIABLE, AND SERVICES RESULTING FROM ANY GOODSYOU AGREE NOT TO SEEK TO HOLD THE KSB PARTIES LIABLE, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM FOR THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICEPARTIES, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION INCLUDING OTHER USERS OF THE SERVICE ; (v) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT OPERATORS OF EXTERNAL SITES, AND THAT THE CONFIDENTIALITY RISK OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS SERVICE AND EXTERNAL SITES AND OF ANY THIRD PARTY USING OR INTEGRATING INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (Viii) ANY OTHER MATTER RELATING YOU. TO THE SERVICE. OUR MAXIMUM LIABILITY ARISING OUT OF OR EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE KSB PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID KSB IN THE CONNECTION ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID KSB ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THESE TERMS KSB IS TO STOP USING THE SERVICE AND ANY USE OF THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO CASE EXCEED THE GREATER OF (i) FEES PAID BY YOU FOR THE PREVIOUS 12 MONTHS, AND (ii) $100.00TO CANCEL YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITYLIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLYTHEREFORE, ONLY SOME OF THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL THE SECTION MAY NOT APPLY TO YOU AND OUR YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAWFOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF KSB.

LIMITATIONS; WAIVERS OF LIABILITY. YOU EXPRESSLY UNDERSTAND ACKNOWLEDGE AND AGREE THAT WETHAT, OUR SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS (COLLECTIVELYTO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE "COMPANY PARTIES"DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE ARTEZ PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILLGOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) . YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE COST OF PROCUREMENT OF SUBSTITUTE GOODS ARTEZ PARTIES ARE NOT LIABLE, AND SERVICES RESULTING FROM ANY GOODSYOU AGREE NOT TO SEEK TO HOLD THE ARTEZ PARTIES LIABLE, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM FOR THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICEPARTIES, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION INCLUDING CHARITIES, OTHER USERS OF THE SERVICE ; (v) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT OTHER OPERATORS OF EXTERNAL SITES, AND THAT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (Viii) ANY OTHER MATTER RELATING TO THE SERVICE. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN THE CONNECTION WITH THESE TERMS AND ANY USE RISK OF THE SERVICE, WHETHER SUCH LIABILITY ARISES SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO CASE EXCEED DISPUTE WITH ARTEZ IS TO STOP USING THE GREATER OF (i) FEES PAID BY YOU FOR THE PREVIOUS 12 MONTHS, SERVICE AND (ii) $100.00TO CANCEL YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITYLIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLYTHEREFORE, ONLY SOME OF THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL THE SECTION MAY NOT APPLY TO YOU AND OUR YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAWFOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF ARTEZ.