Common use of Limited Liability Clause in Contracts

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE JETBRAINS PLUGIN MARKETPLACE SERVICE IS PROVIDED TO YOU FOR: DELAYS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLPERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ACTS IMPLIED WARRANTIES OF GOVERNMENTAL AUTHORITIESMERCHANTABILITY, NATIONAL EMERGENCIESFITNESS FOR A PARTICULAR PURPOSE, INSURRECTIONTITLE, WARAND NON-INFRINGEMENT, WITH REGARD TO THE JETBRAINS PLUGIN MARKETPLACE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS ACCURATE, RELIABLE, OR RIOTSCORRECT; THAT THE FAILURE OF MERCHANTS TO HONOR JETBRAINS PLUGIN MARKETPLACE SERVICE WILL MEET USER’S REQUIREMENTS; THAT THE CARDJETBRAINS PLUGIN MARKETPLACE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THE FAILURE OF MERCHANTS TO PERFORM THAT ANY DEFECTS OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURESERRORS WILL BE CORRECTED; OR FAILURES THAT THE JETBRAINS PLUGIN MARKETPLACE SERVICE IS FREE OF VIRUSES OR MALFUNCTIONS ATTRIBUTABLE OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JETBRAINS PLUGIN MARKETPLACE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, PROPERTY OR ANY PAYMENT SYSTEM. IN THE EVENT LOSS OF DATA THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF RESULTS FROM SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDDOWNLOAD.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT CARDPLATFORMS SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Limited Liability. UNLESS OTHERWISE REQUIRED TO THE EXTENT PERMITTED BY LAW LAW, IN NO EVENT SHALL SELLER OR THIS AGREEMENT, WE WILL NOT ITS SUPPLIERS BE LIABLE TO YOU FOR: DELAYS PURCHASER OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLTHIRD PARTY FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, INCLUDINGLOST PROFITS, DATA OR BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH, WITHOUT LIMITATION, ACTS THE SALE OF GOVERNMENTAL AUTHORITIESTHE COVERED HARDWARE OR SERVICE CONTRACT, NATIONAL EMERGENCIESTHE USE OF THE COVERED HARDWARE, INSURRECTIONTHE ITEMS AND SERVICES PROVIDED HEREUNDER, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, SELLER’S PERFORMANCE HEREUNDER OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOUOF THESE TERMS AND CONDITIONS, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER HOWEVER ARISING OR CAUSED AND ON ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES THEORY OF LIABILITY (WHETHER IN CONTRACT, TORTTORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STATUTORY OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY SELLER’S TOTAL AND CUMULATIVE LIABILITY TO PURCHASER OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE COVERED HARDWARE OR ITEMS PROVIDED HEREUNDER (INCLUDING USE THEREOF), THE SERVICE CONTRACT, THE SERVICES PROVIDED HEREUNDER, AND SELLER’S PERFORMANCE HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STATUTORY DUTY OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT PAID TO SELLER FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDSERVICE CONTRACT AND BILLABLE SERVICES.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT BOLDCO LLC SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Limited Liability. UNLESS OTHERWISE REQUIRED TO THE MAXIMUM EXTENT PERMITTED BY LAW OR THIS AGREEMENTLAW, WE THE OXFORD GROUP WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLCUSTOMER, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE), FOR ANY LOSS OF PROFIT OR SAVINGS OR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE AND HOWSOEVER ARISING (WHETHER IN TORT (INCLUDING FROM OXFORD’S NEGLIGENCE), IN CONTRACT, UNDER STATUTE OR OTHERWISE). SUBJECT TO SECTION 10.3, IN ALL EVENTS, THE MAXIMUM DAMAGES OF ANY TYPE FOR WHICH THE OXFORD GROUP SHALL BE LIABLE UNDER THIS PROVISION SHALL NOT BE EFFECTIVE AGREEMENT FOR CUSTOMER’S USE OF THE GOODS IS LIMITED TO THE EXTENT OTHERWISE REQUIRED AMOUNT OF FEES PAID BY CUSTOMER TO OXFORD UNDER THE APPLICABLE ORDER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. HOWEVER, THESE PROVISIONS DO NOT LIMIT OXFORD’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY XXXXXX’S GROSS NEGLIGENCE OR FRAUD, FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW. TO THE EXTENT PERMITTED BY LAWAny action for breach of Agreement or claim for indemnification must be commenced within one year of delivery of the Goods to the carrier, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDfollowing which Customer covenants not to bring or permit the making of any claim, action or proceeding in connection with this Agreement or its subject matter.

Limited Liability. UNLESS OTHERWISE REQUIRED TO THE MAXIMUM EXTENT PERMITTED BY LAW OR THIS AGREEMENTAPPLICABLE LAW, WE IN NO EVENT WILL NOT VIDEOJET BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLTHIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ACTS LOST PROFITS, LOST BUSINESS OR LOST DATA, RELATING TO THE SERVICES, THE PROVISION OF GOVERNMENTAL AUTHORITIESOR FAILURE TO PROVIDE THE SERVICE, NATIONAL EMERGENCIESSUPPORT OR OTHER SERVICES, INSURRECTIONINFORMATION, WARSOFTWARE, OR RIOTS; RELATED CONTENT THROUGH THE SERVICES OR OTHERWISE ARISING OUT OF THE USE OF OR FAILURE TO USE THE SERVICES WHETHER OR NOT DUE TO VIDEOJET’S BREACH OR NEGLIGENCE, AND VIDEOJET WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES, EXCEPT AS EXPRESSLY PROVIDED UNDER THE “END USER REMEDY” SECTION BELOW. VIDEOJET’S MAXIMUM LIABILITY TO YOU ARISING OUT OF MERCHANTS OR RELATED TO HONOR THIS AGREEMENT WILL BE EQUAL TO THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. FEES PAID BY YOU IN THE EVENT SIX MONTHS PRECEDING THE DATE ON WHICH THAT WE ARE HELD LIABLE LIABILITY FIRST AROSE UNDER THE ORDER FORM UNDER WHICH THAT LIABILITY AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Limited Liability. UNLESS WITHOUT LIMITATION OF THE FOREGOING GENERAL RELEASES, YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE REQUIRED BE LIMITED OR EXPANDED BY LAW APPLICABLE LAW, WHEELS AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (I) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT AND ANY RELEASE, (II) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, (III) YOUR BREACH OF THIS AGREEMENT AND ANY RELEASE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THE AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM YOUR VIOLATION OF ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WARLAW, OR RIOTS; OF GOOD SAFETY PRACTICES, (IV) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY WHEELS OR ANY RELEASED PERSON, (V) YOUR FAILURE TO WEAR A BICYCLE HELMET OR OTHER PROTECTIVE GEAR OR CLOTHING WHILE USING VEHICLE, OR THE FAILURE OF MERCHANTS SUCH HELMET OR PROTECTIVE GEAR OR CLOTHING TO HONOR PREVENT DEATH OR INJURY, OR (VI) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU RELEASE AND WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE CARD; THE FAILURE OF MERCHANTS TO PERFORM FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENTOTHER GROUNDS, ANY INTERNET SERVICEEVEN IF WHEELS, OR ANY PAYMENT SYSTEM. IN OF THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE OTHER RELEASED PERSONS HAS BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDCLAIMS.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT [INSERT SERVICER/PROGRAM MANGER] SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Limited Liability. UNLESS OTHERWISE REQUIRED TO THE EXTENT PERMITTED BY LAW LAW, IN NO EVENT SHALL SELLER OR THIS AGREEMENT, WE WILL NOT ITS SUPPLIERS BE LIABLE TO YOU FOR: DELAYS PURCHASER OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLTHIRD PARTY FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, INCLUDINGLOST PROFITS, DATA OR BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH, WITHOUT LIMITATION, ACTS THE SALE OF GOVERNMENTAL AUTHORITIESTHE COVERED HARDWARE OR SERVICE CONTRACT, NATIONAL EMERGENCIESTHE USE OF THE COVERED HARDWARE, INSURRECTIONTHE ITEMS AND SERVICES PROVIDED HEREUNDER, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, SELLER’S PERFORMANCE HEREUNDER OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOUOF THESE TERMS AND CONDITIONS, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER HOWEVER ARISING OR CAUSED AND ON ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES THEORY OF LIABILITY (WHETHER IN CONTRACT, TORTTORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR SELLER’S TOTAL AND CUMULATIVE LIABILITY TO PURCHASER OR ANY ALLEGED NEGLIGENCE THIRD PARTY ARISING OUT OF OR MISCONDUCT BY IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE BANK COVERED HARDWARE OR GREEN DOT ITEMS PROVIDED HEREUNDER (INCLUDING USE THEREOF), THE SERVICE CONTRACT, THE SERVICES PROVIDED HEREUNDER, AND SELLER’S PERFORMANCE HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDIN NO EVENT EXCEED […***…].

Limited Liability. UNLESS OTHERWISE REQUIRED TO THE MAXIMUM EXTENT PERMITTED BY LAW OR THIS AGREEMENTLAW, WE THE OXFORD GROUP WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLCUSTOMER, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE), FOR ANY LOSS OF PROFIT OR SAVINGS OR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE AND HOWSOEVER ARISING (WHETHER IN TORT (INCLUDING FROM OXFORD’S NEGLIGENCE), IN CONTRACT, UNDER STATUTE OR OTHERWISE). SUBJECT TO SECTION 10.3, IN ALL EVENTS, THE MAXIMUM DAMAGES OF ANY TYPE FOR WHICH THE OXFORD GROUP SHALL BE LIABLE UNDER THIS PROVISION SHALL NOT BE EFFECTIVE AGREEMENT FOR CUSTOMER’S USE OF THE GOODS IS LIMITED TO THE EXTENT OTHERWISE REQUIRED AMOUNT OF FEES PAID BY CUSTOMER TO OXFORD UNDER THE APPLICABLE ORDER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. HOWEVER, THESE PROVISIONS DO NOT LIMIT OXFORD’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OXFORD’S GROSS NEGLIGENCE OR FRAUD, FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW. TO THE EXTENT PERMITTED BY LAWAny action for breach of Agreement or claim for indemnification must be commenced within one year of delivery of the Goods to the carrier, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDfollowing which Customer covenants not to bring or permit the making of any claim, action or proceeding in connection with this Agreement or its subject matter.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT PAYFORWARD SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDCREDITED TO YOUR ACCOUNT. ARBITRATION NOTICE THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. Acknowledgment of Arbitration. Your Account is being made available and priced by the Bank on the basis of your acceptance of the following arbitration clause. By using your Card or Account, you acknowledge that you are giving up the right to litigate Claims (as defined below) if either party elects arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENTAGREEMENT OR UNDER ANY TORT, WE WILL NOT BE CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER LEGAL OR EQUITABLE THEORY, (A) NEITHER RIVERBED NOR ANY OF ITS AFFILIATES OR SUPPLIERS IS LIABLE TO YOU FOR: DELAYS FOR (I) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR MISTAKES CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, CONTRACTS, BUSINESS, REVENUES, GOODWILL OR REPUTATION, (II) COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, OR (III) LOSS OR CORRUPTION OF DATA, INTERRUPTION OF USE, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLEND USER’S USE OF ANY PRODUCT, INCLUDINGAND (B) THE AGGREGATE LIABILITY OF RIVERBED AND ITS AFFILIATES AND SUPPLIERS WILL NOT EXCEED THE AGGREGATE FEES RECEIVED BY RIVERBED ON BEHALF OF PARTNER UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. THE FOREGOING LIMITATION IS CUMULATIVE, WITHOUT LIMITATION, ACTS WITH ALL CLAIMS BEING AGGREGATED TO DETERMINE SATISFACTION OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, THE LIMIT. THE EXISTENCE OF ONE OR RIOTS; MORE CLAIMS WILL NOT ENLARGE THE FAILURE OF MERCHANTS TO HONOR LIMIT. THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU FOREGOING LIMITATIONS WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), APPLY EVEN IF YOU HAVE ADVISED US RIVERBED IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCTS ARE NOT DESIGNED FOR USE IN ANY DEVICE OR SYSTEM IN WHICH A MALFUNCTION OF THE PRODUCT WOULD RESULT IN FORESEEABLE RISK OF INJURY OR DEATH TO ANY PERSON. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAWINCLUDES OPERATION OF NUCLEAR FACILITIES, LIFE-SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS AND AIR TRAFFIC CONTROL. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY NEITHER RIVERBED NOR ANY OF ITS AFFILIATES IS LIABLE FOR ANY ALLEGED NEGLIGENCE FAILURE OR MISCONDUCT DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL OR FOR ANY ALLOCATION OF PRODUCTS BETWEEN ITS CUSTOMERS IN THE EVENT OF A SHORTAGE. THIS SECTION DOES NOT LIMIT LIABILITY FOR DEATH OR BODILY INJURY OF A PERSON, TORT OF DECEIT, FRAUD, OR BREACH OF THE OBLIGATIONS IMPLIED BY SECTION 12 OF THE BANK SALE OF GOODS XXX 0000 OR GREEN DOT SHALL BE LIMITED SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES XXX 0000. PARTNER WAIVES ANY RIGHT IT MAY HAVE TO THE TOTAL AMOUNT LOADED ON THE CARDRECEIVE ANY COMPENSATION OR REPARATIONS AS A RESULT OF TERMINATION OR EXPIRATION OF THIS AGREEMENT UNDER ANY APPLICABLE LAW.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT GLOBAL PAYCARD CORPORATION, dba XXXXXXXX PAYCARD SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, MERCHANT OR ATM EQUIMENT OR ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DIRECT DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARYPUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED PROHIBITED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR WILLFUL MISCONDUCT BY THE BANK OR GREEN DOT TRANSCARD SHALL BE LIMITED TO THE TOTAL AMOUNT TO BE LOADED ON THE CARDCARD (SUBJECT TO LOAD LIMITATIONS OF THIS AGREEMENT) IF THE NEGLIGENCE OR MISCONDUT RELATES TO LOADING VALUE, OR THE AMOUNT OF THE AUTHORIZED TRANSFER OF VALUE ATTEMPTED (SUBJECT TO TRANSFER AND PURCHASE LIMITATIONS OF THIS AGREEMENT) IF THE NEGLIGENCE OR MISCONDUCT RELATES TO VALUE TRANSFER TRANSACTONS, AND FOR ANY OTHER NEGLIGENCE OR MISCONDUCT THE MAXIMUM LIABILITY SHALL BE $9,999. Change in Terms. Subject to the limitations of applicable law, we may at any time add to, delete or change the terms of this Agreement by sending you a notice. We will give you notice at least 21 days before the effective date of any change if the change would result in: (i) increased fees you would be required to pay; (ii) increased liability for you; (iii) fewer types of available electronic fund transfers; or (iv) stricter limitations on the frequency or dollar amount of transfers. Advance notice may not be given, however, if we need to make the change immediately in order to maintain or restore the security of the Card or Card account or any related payment system. If any such change becomes permanent and disclosure to you of the change would not jeopardize the security of the Card or any related payment system, we will provide notice to you within 30 days from making the change.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST PROFITS, DATA OR BUSINESS, OR FOR ANY ALLEGED NEGLIGENCE SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR MISCONDUCT PUNITIVE DAMAGES INCURRED BY SUCH PARTY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (OR THE BANK TERMINATION HEREOF), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR GREEN DOT OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF PROSPECTIVE PROFITS OR ANTICIPATED SALES, OR ON ACCOUNT OF EXPENSES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH THE BUSINESS OR GOODWILL OR OTHERWISE. ILLUMINA’S TOTAL AND CUMULATIVE LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE IN NO EVENT EXCEED THE AMOUNT RECEIVED BY ILLUMINA FROM CUSTOMER UNDER THIS AGREEMENT. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDREMEDY.

Limited Liability. UNLESS OTHERWISE EXCEPT AS REQUIRED BY LAW OR THIS AGREEMENTLAW, WE IN NO EVENT WILL NOT EITHER PARTY BE LIABLE TO YOU FOR: DELAYS THE OTHER PARTY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE, EXEMPLARY, OR MISTAKES RESULTING FROM CONSEQUENTIAL DAMAGES OF ANY CIRCUMSTANCES BEYOND OUR CONTROLKIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE PRODUCTS AND/OR SERVICES, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR CONTENT, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, SUBSEQUENT OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON OF ANY KIND, WHETHER BASED ON CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, NEGLIGENCE OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISESTRICT LIABILITY), EVEN IF YOU HAVE SUCH PARTY HAS BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE EXCEPT AS REQUIRED BY LAW. , RN WILL NOT BE LIABLE TO CUSTOMER FOR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE EXTENT PERMITTED BY LAWPRODUCTS AND/OR SERVICES. IF, YOU AGREE THAT YOUR RECOVERY NOTWITHSTANDING THE FOREGOING, RN IS FOUND TO BE LIABLE TO CUSTOMER FOR ANY ALLEGED NEGLIGENCE DAMAGE OR MISCONDUCT LOSS WHICH ARISES UNDER OR IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES, RN’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY THE BANK CUSTOMER FOR THE RELEVANT PRODUCTS AND/OR GREEN DOT SHALL BE LIMITED SERVICES FOR THE SIX MONTHS PRIOR TO THE TOTAL AMOUNT LOADED ON OCCURRENCE OF THE CARDEVENT(S) GIVING RISE TO RN’S LIABILITY. THE PARTIES ACKNOWLEDGE THAT THE DISCLAIMER OF WARRANTIES, DISCLAIMER OF CONSEQUENTIAL DAMAGES AND LIMITATIONS OF LIABILITY HEREIN AND IN THE OTHER TERMS OF THIS AGREEMENT AND THE ALLOCATION OF RISK HEREIN ARE AN ESSENTIAL ELEMENT OF THE BARGAINED FOR CONSIDERATION BETWEEN THE PARTIES, WITHOUT WHICH RN WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. RN’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THESE LIMITATIONS.

Limited Liability. UNLESS OTHERWISE REQUIRED TO THE EXTENT PERMITTED BY LAW LAW, IN NO EVENT SHALL SELLER OR THIS AGREEMENT, WE WILL NOT ITS SUPPLIERS BE LIABLE TO YOU FOR: DELAYS PURCHASER OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLTHIRD PARTY FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, INCLUDINGLOST PROFITS, DATA OR BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH, WITHOUT LIMITATION, ACTS THE SALE OF GOVERNMENTAL AUTHORITIESTHE COVERED HARDWARE OR SERVICE CONTRACT, NATIONAL EMERGENCIESTHE USE OF THE COVERED HARDWARE, INSURRECTIONTHE ITEMS AND SERVICES PROVIDED HEREUNDER, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, SELLER’S PERFORMANCE HEREUNDER OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOUOF THESE TERMS AND CONDITIONS, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER HOWEVER ARISING OR CAUSED AND ON ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES THEORY OF LIABILITY (WHETHER IN CONTRACT, TORTTORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY SELLER’S TOTAL AND CUMULATIVE LIABILITY TO PURCHASER OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE COVERED HARDWARE OR ITEMS PROVIDED HEREUNDER (INCLUDING USE THEREOF), THE SERVICE CONTRACT, THE SERVICES PROVIDED HEREUNDER, AND SELLER’S PERFORMANCE HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT PAID TO SELLER FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDSERVICE CONTRACT AND BILLABLE SERVICES.

Limited Liability. UNLESS OTHERWISE REQUIRED TO THE MAXIMUM EXTENT PERMITTED BY LAW OR THIS AGREEMENTLAW, WE THE OXFORD GROUP WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLCUSTOMER, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE), FOR ANY LOSS OF PROFIT OR SAVINGS OR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE AND HOWSOEVER ARISING (WHETHER IN TORT (INCLUDING FROM OXFORD’S NEGLIGENCE), IN CONTRACT, UNDER STATUTE OR OTHERWISE). SUBJECT TO SECTION 10.2, 10.3, 10.4 AND 10.5, IN ALL EVENTS, THE MAXIMUM DAMAGES OF ANY TYPE FOR WHICH THE OXFORD GROUP SHALL BE LIABLE UNDER THIS PROVISION SHALL NOT BE EFFECTIVE AGREEMENT FOR CUSTOMER’S USE OF THE GOODS OR THE SOFTWARE IS LIMITED TO THE EXTENT OTHERWISE REQUIRED AMOUNT OF FEES PAID BY CUSTOMER TO OXFORD UNDER THE APPLICABLE ORDER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. HOWEVER, THESE PROVISIONS DO NOT LIMIT OXFORD’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY XXXXXX’S GROSS NEGLIGENCE, FRAUD, FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW. TO THE EXTENT PERMITTED BY LAWAny action for breach of this Agreement or claim for indemnification must be commenced within one year of delivery of the Goods or Software the carrier, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDfollowing which Customer covenants not to bring or permit the making of any claim, action or proceeding in connection with this Agreement or its subject matter.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL ALLO SHALL NOT BE LIABLE TO YOU FOR: DELAYS CLIENT OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLINDEMNITEE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ACTS ANY LOSS OF GOVERNMENTAL AUTHORITIESREVENUE, NATIONAL EMERGENCIESLOSS OF USE, INSURRECTION, WARLOSS OF BUSINESS, OR RIOTS; LOSS OF PROFIT, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT. NOTWITHSTANDING ANY PROVISION TO THE FAILURE CONTRARY IN ANY OF MERCHANTS THE MASTER AGREEMENT, THE AGGREGATE LIABILITY OF ALLO FOR ANY REASON AND ALL CAUSES OF ACTION, LOSSES, AND DAMAGES ARISING OUT OF OR RELATING TO HONOR THE CARD; MASTER AGREEMENT (INCLUDING, BUT NOT LIMITED TO, THE FAILURE PERFORMANCE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US ) SHALL NOT EXCEED DIRECT DAMAGES EQUAL TO THE SUM TOTAL OF PAYMENTS MADE BY CLIENT TO ALLO DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT FOR WHICH DAMAGES ARE CLAIMED. THIS LIMITATION SHALL NOT APPLY TO ALLO’S INDEMNIFICATION OBLIGATIONS AND CLAIMS FOR DAMAGE TO PROPERTY AND/OR PERSONAL INJURY ARISING OUT OF THE POSSIBILITY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH DAMAGESALLO WHILE ON THE CLIENT SERVICE LOCATION(S). THIS PROVISION IN NO EVENT SHALL ALLO’S AFFILIATES, THIRD PARTY SERVICE PROVIDERS, OR SUPPLIERS HAVE ANY LIABILITY TO CLIENT UNDER THE MASTER AGREEMENT. ALLO SHALL NOT BE EFFECTIVE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO THE EXTENT OTHERWISE REQUIRED BY LAW. UNAVAILABILITY OF THE SERVICES, INCLUDING THE INABILITY TO REACH 911 EMERGENCY SERVICES, THE EXTENT PERMITTED BY LAWINABILITY TO CONTACT A SECURITY SYSTEM, YOU AGREE THAT YOUR RECOVERY FOR REMOTE MEDICAL OR OTHER MONITORING SERVICE PROVIDER, OR ANY ALLEGED NEGLIGENCE FAILURE OR MISCONDUCT BY THE BANK FAULT RELATING TO CLIENT-SUPPLIED EQUIPMENT, FACILITIES, OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDSERVICES.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDCREDITED TO YOUR ACCOUNT. ARBITRATION NOTICE THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. Acknowledgment of Arbitration. Your Account is being made available and priced by the Bank on the basis of your acceptance of the following arbitration provision. By using your Card or Account, you acknowledge that you are giving up the right to litigate Claims (as defined below) if either party elects arbitration of the Claims pursuant to this provision, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement.

Limited Liability. UNLESS OTHERWISE REQUIRED TO THE MAXIMUM EXTENT PERMITTED BY LAW OR THIS AGREEMENTAPPLICABLE LAWS, WE YOU AGREE THAT KONNECTMD, ITS AFFILIATES, AGENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGES, EXPENSES OR COSTS WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO YOU FOR: DELAYS THIS AGREEMENT, YOUR USE OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLINABILITY TO USE THIS SERVICE, INCLUDINGYOUR PURCHASE OR USE OF KONNECTMD PRODUCTS, WITHOUT LIMITATIONSERVICES OR INFORMATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WARYOUR PARTICIPATION AS A KONNECTOR, OR RIOTS; FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. TO THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOUMAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER HEREBY WAIVE ANY INDIRECTCLAIMS WITH RESPECT THERETO, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACTBASED ON CONTRACTUAL, TORT, OR OTHERWISE)OTHER GROUNDS, EVEN IF YOU WE HAVE BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT YOUR RECOVERY WE HAVE SET OUR PRICES AND ENTERED INTO THIS AGREEMENT WITH YOU IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT, WHICH ALLOCATE RISK BETWEEN US AND FORM THE BASIS OF A BARGAIN BETWEEN US. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS MAY NOT ALLOW FOR ANY ALLEGED NEGLIGENCE LIMITED LIABILITY OR MISCONDUCT BY EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE BANK OR GREEN DOT SHALL BE LIMITED ABOVE LIMITATIONS MAY APPLY TO THE TOTAL AMOUNT LOADED ON THE CARDYOU.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW EXCEPT FOR ANY BREACHES OR VIOLATIONS OF THE LICENSE RIGHTS OR RESTRICTIONS IN THIS LICENSE AGREEMENT OR ANY FAILURE TO COMPLY WITH THE CONFIDENTIALITY PROVISIONS IN THIS LICENSE AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU EITHER PARTY BE ENTITLED TO RECOVER LIABLE FOR ANY INDIRECTSPECIAL, CONSEQUENTIAL, EXEMPLARYINDIRECT, EXEMPLARY OR SPECIAL INCIDENTAL DAMAGES (HOWEVER CAUSED, AND WHETHER IN FOR BREACH OF WARRANTY, BREACH OF CONTRACT, TORTREPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE OR OTHERWISE), EVEN IF YOU A PARTY SHALL HAVE BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU PARTIES ACKNOWLEDGE AND AGREE THAT YOUR RECOVERY THE AMOUNTS PAYABLE UNDER THIS LICENSE AGREEMENT HAVE BEEN ESTABLISHED BASED UPON THESE LIABILITY LIMITATIONS, AND AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NEITHER PARTY’S MAXIMUM LIABILITY UNDER THIS LICENSE AGREEMENT, HOWEVER ARISING, SHALL IN NO EVENT EXCEED (A) FOR DOT HILL, […***…] AND (B) FOR NETAPP, […***…]. IN NO EVENT SHALL THIS LICENSE AGREEMENT BE CONSTRUED SO AS TO REDUCE ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY OF THE BANK OR GREEN PROPRIETARY RIGHTS OF DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDHILL.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDCREDITED TO YOUR ACCOUNT. ARBITRATION NOTICE THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. Acknowledgment of Arbitration. Your Account is being made available and priced by the Bank on the basis of your acceptance of the following arbitration clause. By using your Card or registering your Account, you acknowledge that you are giving up the right to litigate Claims (as defined below) if either party elects arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement.

Limited Liability. UNLESS OTHERWISE REQUIRED TO THE MAXIMUM EXTENT PERMITTED BY LAW OR THIS AGREEMENTAPPLICABLE LAWS, WE YOU AGREE THAT COMPANY, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OR LOST PROFITS OR LOST ITEM OR DATA, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OF THE SITES, APPS, HARDWARE, OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE CUMULATIVE LIABILITY OF COMPANY, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR: DELAYS FOR ALL CLAIMS ARISING FROM OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLRELATING TO THIS AGREEMENT OR YOUR USE OF THE SITES, APPS, HARDWARE, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ACTS ANY CAUSE OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER ACTION SOUNDING IN CONTRACT, TORT, OR OTHERWISE)STRICT LIABILITY, EVEN IF YOU HAVE ADVISED US WILL NOT EXCEED THE GREATER OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO (A) THE TOTAL AMOUNT LOADED ON RECEIVED BY COMPANY FROM YOU DURING THE CARDSIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) $50. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION 14 SHALL NOT EXTEND TO CLAIMS FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE BY USERS WHO RESIDE IN THE STATE OF NEW JERSEY OR TO CLAIMS BY NEW JERSEY RESIDENTS FOR ANY DAMAGES CAUSED BY THE COMPANY’S FRAUD, DECEPTION, FALSE PROMISE, MISREPRESENTATION, OMISSION OF ANY MATERIAL FACT OR INTENTIONAL OR RECKLESS MISCONDUCT.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW IN NO EVENT WILL EITHER PARTY OR THIS AGREEMENTANY OF ITS AFFILIATES, WE WILL NOT SUBSIDIARIES, OR LICENSORS BE LIABLE TO YOU FOR: DELAYS FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, MULTIPLIED, ENHANCED, OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLPUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, ACTS LOSS OF GOVERNMENTAL AUTHORITIESREVENUE, NATIONAL EMERGENCIES, INSURRECTION, WARPROFITS, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENTGOODWILL, ANY INTERNET SERVICEBUSINESS INTERRUPTION, OR ANY PAYMENT SYSTEM. LOST IN CONNECTION WITH THIS AGREEMENT OR THE EVENT THAT WE ARE HELD LIABLE TO YOUPRODUCT, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECTREGARDLESS OF THE FORM OF ACTION, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORTTORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE), EVEN IF YOU SUCH PARTY, ITS AFFILIATES, ITS SUBSIDIARIES, OR ITS LICENSORS HAVE BEEN ADVISED US OF ******* - Material has been omitted and filed separately with the Commission. THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY IN THOSE JURISDICTIONS. THIS PROVISION SHALL NOT BE EFFECTIVE IF ANY CLAIM IS MADE AGAINST A PARTY, INCLUDING WITHOUT LIMITATION CLAIMS AS A RESULT OF THE SUBSTANTIAL NONCONFORMANCE OF THE SOFTWARE TO THE EXTENT OTHERWISE REQUIRED BY LAW. DOCUMENTATION OR OTHERWISE, THE PARTY’S TOTAL LIABILITY FOR DAMAGES WILL BE LIMITED, IN THE AGGREGATE, TO THE EXTENT PERMITTED BY LAWITS ACTUAL DIRECT DAMAGES, YOU AGREE THAT YOUR RECOVERY FOR AND IN ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO EVENT WILL NOT EXCEED THE TOTAL AMOUNT LOADED ON THE CARDOF ALL AMOUNTS MEDQUIST IS OBLIGATED TO PAY PSP UNDER THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGE OR CERTAIN CLAIMS, SO SUCH LIMITATION MAY NOT APPLY IN SUCH JURISDICTION.

Limited Liability. THE LICENSEE ARE RESPONSIBLE FOR THE SELECTION, USE OF AND RESULTS OBTAINED FROM THE SOFTWARE AND FOR ENSURING THAT ITS USE DOES NOT VIOLATE ANY LEGAL OBLIGATIONS (WHETHER IMPOSED BY STATUTE, CONTRACT OR OTHERWISE). UNLESS OTHERWISE REQUIRED BY LAW APPLICABLE LAW, NEITHER THE LICENSOR NOR OUR RELATED COMPANIES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES OR THIS AGREEMENT, WE WILL NOT AGENTS SHALL BE LIABLE TO YOU FOR: DELAYS FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR MISTAKES CONSEQUENTIAL DAMAGES OR ANY DAMAGES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, THE USE OF THE SOFTWARE HOWEVER CAUSED INCLUDING, WITHOUT LIMITATION, ACTS DAMAGES FOR PERSONAL LOSS OR DAMAGE, LOSS OF GOVERNMENTAL AUTHORITIESBUSINESS PROFITS, NATIONAL EMERGENCIESBUSINESS INTERRUPTION, INSURRECTIONLOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, WARLOST DATA, OR RIOTS; THE LOSS OF COMPUTER TIME, FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICEREALIZE EXPECTED SAVINGS, OR ANY PAYMENT SYSTEM. OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND AND ARISING IN CONSEQUENCE OF THE EVENT THAT WE ARE HELD LIABLE LICENSOR’S PERFORMANCE, FAILURE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARYPERFORM, OR SPECIAL DAMAGES (OTHER BREACH UNDER THIS AGREEMENT, IRRESPECTIVE OF WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US THE LICENSOR HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION THE LICENSOR TOTAL LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY POSSIBLE LIABILITY FOR INDEMNITY, DEFENCE AND HOLD HARMLESS OBLIGATIONS SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO EXCEED THE TOTAL AMOUNT LOADED ON PAID BY THE CARDLICENSEE FOR THE SOFTWARE.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT A. NEITHER SMART NOR CUSTOMER SHALL BE LIABLE WITH RESPECT TO YOU FOR: DELAYS ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLOTHER THEORY FOR (1) INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ACTS OF GOVERNMENTAL AUTHORITIESDAMAGES FOR HARM TO BUSINESS, NATIONAL EMERGENCIESLOST PROFITS, INSURRECTIONLOST SAVINGS OR LOST REVENUES, WAR, WHETHER OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM NOT SMART OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE CUSTOMER HAS BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES, (2) ANY DAMAGE THAT CUSTOMER OR ANY USER MAY SUFFER ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE BANDWIDTH UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL OR GROSSLY NEGLIGENT ACT OF SMART, (3) ANY LOSS OR INACCURACY OF DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (4) DAMAGES OR DELAYS DUE TO FIRE, WAR, EXPLOSION, LIGHTNING, POWER SURGES OR FAILURES, STRIKES OR LABOR DISPUTES, WATER, ACTS OF GOD, THE ELEMENTS, ACTS OR OMISSIONS OF COMMUNICATIONS CARRIERS OR SUPPLIERS, OR OTHER CAUSES BEYOND ITS REASONABLE CONTROL WHETHER OR NOT SIMILAR TO THE FOREGOING. THIS PROVISION THE FOREGOING LIMITATION SHALL NOT BE EFFECTIVE APPLY TO THE EXTENT OTHERWISE REQUIRED A BREACH BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDEITHER PARTY OF SECTION 8 OF THIS AGREEMENT.

Limited Liability. UNLESS YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE REQUIRED BE LIMITED BY LAW LAW, Veo AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED OR CONTEMPLATED IN THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR(B) YOUR USE OF, OR RIOTS; INABILITY TO USE, ANY OF THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM SERVICES, INCLUDING ANY VEHICLE OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR RELATED EQUIPMENT, (C) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY INTERNET SERVICEFEDERAL, STATE OR LOCAL LAW, ORDER, ORDINANCE, REGULATION OR OTHER RULE OR REQUIREMENT, (D) ANY NEGLIGENCE, MISCONDUCT, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO OTHER ACTION OR INACTION BY YOU, YOU WILL ONLY BE ENTITLED (E) YOUR FAILURE TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARYWEAR A HELMET WHILE USING A VEHICLE, OR SPECIAL DAMAGES (WHETHER IN CONTRACTF) ANY NEGLIGENCE, TORTMISCONDUCT, OR OTHERWISE), OTHER ACTION OR INACTION OF ANY THIRD PARTY. THESE LIMITATIONS ARE EFFECTIVE EVEN IF YOU HAVE Veo OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGESCLAIMS. THIS PROVISION SHALL NOT BE EFFECTIVE THE AGGREGATE LIABILITY OF Veo AND ALL OTHER RELEASED PERSONS TO YOU, FOR ALL CLAIMS IN THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAWAGGREGATE, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE OTHER GROUNDS, IS LIMITED TO THE TOTAL AMOUNT LOADED ON SUM OF $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE CARDABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THIS SECTION 5 MIGHT NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW IN NO EVENT SHALL THE INTENTIONALIST OR THIS AGREEMENTANY OF ITS EMPLOYEES, WE WILL NOT DIRECTORS, OFFICERS, AGENTS, SUPPLIERS OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLOTHER PERSON RELATED TO OR ARISING OUT OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIESFOR SPECIAL, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL CONSEQUENTIAL DAMAGES (WHETHER IN OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, PROFITS OR GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, TORTSTRICT LIABILITY, NEGLIGENCE, OR OTHERWISEOTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, COPYING, OR DISPLAY OF THE CONTENT OF THIS SITE. THIS LIMITATION APPLIES TO ALL CLAIMS, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, STRICT LIABILITY, MISREPRESENTATION, PRODUCTS LIABILITY, VIOLATIONS OF LAW (INCLUDING REGULATIONS), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGESNEGLIGENCE, AND OTHER TORTS, AS WELL AS THIRD- PARTY CLAIMS. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAWWithout limiting the foregoing provisions or the provisions of our Privacy Notice, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDthe limit on total cumulative liability owed by Intentionalist to you or any person for any claims arising form or relating to the service shall be limited to a maximum of the amount you have paid Intentionalist for our Site in the 12 months preceding the date of the claim giving rise to such liability.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW EXCEPT FOR ANY FAILURE TO COMPLY WITH THE LICENSE OR OWNERSHIP RIGHTS OR CONFIDENTIALITY PROVISIONS IN THIS LICENSE AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU EITHER PARTY BE ENTITLED TO RECOVER LIABLE FOR ANY INDIRECTSPECIAL, CONSEQUENTIAL, EXEMPLARYINDIRECT, EXEMPLARY OR SPECIAL INCIDENTAL DAMAGES (HOWEVER CAUSED, AND WHETHER IN FOR BREACH OF WARRANTY, BREACH OF CONTRACT, TORTREPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE OR OTHERWISE), EVEN IF YOU A PARTY SHALL HAVE BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL LIMITATION SHALL, HOWEVER, NOT BE EFFECTIVE APPLY TO ANY ROYALTIES THAT ARE OR BECOME DUE AND PAYABLE HEREUNDER. THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU PARTIES ACKNOWLEDGE AND AGREE THAT YOUR RECOVERY THE AMOUNTS PAYABLE UNDER THIS LICENSE AGREEMENT HAVE BEEN ESTABLISHED BASED UPON THESE LIABILITY LIMITATIONS, AND AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY FAILURE TO COMPLY WITH THE BANK OR GREEN CONFIDENTIALITY PROVISIONS IN THIS LICENSE AGREEMENT, DOT HILL’S MAXIMUM LIABILITY UNDER THIS LICENSE AGREEMENT, HOWEVER ARISING, SHALL IN NO EVENT EXCEED [...***...]. IN NO EVENT SHALL THIS LICENSE AGREEMENT BE LIMITED CONSTRUED SO AS TO REDUCE ANY OF THE TOTAL AMOUNT LOADED ON THE CARDPROPRIETARY RIGHTS OF DOT HILL.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIESGOVERNMENTALAUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE RIOTS;THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISEOROTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAWBYLAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR THIS AGREEMENTOTHERWISE, WE ASSIGNOR AND ASSIGNEE WILL NOT BE LIABLE WITH RESPECT TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLSUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, INCLUDINGNEGLIGENCE, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WARSTRICT LIABILITY, OR RIOTS; OTHER LEGAL OR EQUITABLE THEORY FOR (A) AMOUNTS THAT IN THE FAILURE AGGREGATE ARE IN EXCESS OF MERCHANTS THE AMOUNTS PAID TO HONOR ASSIGNOR AND ASSIGNEE, AS APPLICABLE, HEREUNDER DURING THE CARD; TWELVE (12)-MONTH PERIOD PRIOR TO THE FAILURE DATE THE CAUSE OF MERCHANTS TO PERFORM ACTION AROSE OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; (B) ANY INCIDENTAL OR FAILURES CONSEQUENTIAL DAMAGES, LOST PROFITS OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENTLOST DATA OR (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, ANY INTERNET SERVICETECHNOLOGY, OR SERVICES OR (D) FOR LOSS OR CORRUPTION OF DATA OR INTERRUPTION OF USE. ASSIGNOR AND ASSIGNEE SHALL HAVE NO LIABILITY FOR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE FAILURE OR DELAY DUE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGESMATTERS BEYOND ITS REASONABLE CONTROL. THIS PROVISION SECTION DOES *CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. NOT LIMIT LIABILITY FOR BODILY INJURY OF A PERSON, AND SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAWLIMIT LIABILITY FOR INDEMNIFICATION UNDER SECTION 10, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED BREACHES OF CONFIDENTIALITY OR A PARTY’S GROSS NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDWILLFUL MISCONDUCT.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, LIMITATION ACTS OF GOVERNMENTAL AUTHORITIESAUTHORI- TIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, WAR OR RIOTS; : THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; : COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE ATTRIBUT- ABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN XXXXXX.XX THE EVENT THAT WE ARE HELD LIABLE TO YOU, ,YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT CASHREPUBLIC SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD. Acknowledgment of Arbitration. Your Card is being made available and priced by the Bank on the basis of your acceptance of the following arbitration clause. By accepting your Card, you acknowledge that y ou are giving up the right to litigate Claims if either party elects arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement. ARBITRATION NOTICE THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE JETBRAINS MARKETPLACE IS PROVIDED TO YOU FOR: DELAYS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF JETBRAINS MARKETPLACE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WAR- RANTY AS TO ITS USE OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLPERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ACTS IMPLIED WARRANTIES OF GOVERNMENTAL AUTHORITIESMERCHANTABILITY, NATIONAL EMERGENCIESFITNESS FOR A PARTICULAR PURPOSE, INSURRECTIONTITLE, WARAND NON-INFRINGEMENT, WITH REGARD TO JETBRAINS MARKETPLACE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT JETBRAINS MARKETPLACE IS ACCURATE, RELIABLE, OR RIOTSCORRECT; THE FAILURE OF MERCHANTS TO HONOR THE CARDTHAT JETBRAINS MARKETPLACE WILL MEET USER’S REQUIREMENTS; THE FAILURE OF MERCHANTS TO PERFORM THAT JETBRAINS MAR- KETPLACE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PROVIDE SERVICESLOCATION, UNINTERRUPTED, OR SECURE; COMMUNICATION SYSTEM FAILURESTHAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR FAILURES THAT JETBRAINS MARKETPLACE IS FREE OF VIRUSES OR MALFUNCTIONS ATTRIBUTABLE OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF JETBRAINS MARKETPLACE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, PROPERTY OR ANY PAYMENT SYSTEM. IN THE EVENT LOSS OF DATA THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF RESULTS FROM SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDDOWNLOAD.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SERVICER SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Limited Liability. UNLESS OTHERWISE REQUIRED TO THE MAXIMUM EXTENT PERMITTED BY LAW OR THIS AGREEMENTLAW, WE THE OXFORD GROUP WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLCUSTOMER, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE), FOR ANY LOSS OF PROFIT OR SAVINGS OR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE AND HOWSOEVER ARISING (WHETHER IN TORT (INCLUDING FROM OXFORD’S NEGLIGENCE), IN CONTRACT, UNDER STATUTE OR OTHERWISE). SUBJECT TO SECTION 10.3, IN ALL EVENTS, THE MAXIMUM DAMAGES OF ANY TYPE FOR WHICH THE OXFORD GROUP SHALL BE LIABLE UNDER THIS PROVISION SHALL NOT BE EFFECTIVE AGREEMENT FOR CUSTOMER’S USE OF THE GOODS IS LIMITED TO THE EXTENT OTHERWISE REQUIRED AMOUNT OF FEES PAID BY CUSTOMER TO OXFORD UNDER THE APPLICABLE ORDER OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. HOWEVER, THESE PROVISIONS DO NOT LIMIT OXFORD’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY XXXXXX’S GROSS NEGLIGENCE OR FRAUD, FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW. TO THE EXTENT PERMITTED BY LAWAny action for breach of this Agreement or claim for indemnification must be commenced within one year of delivery of the Goods to the carrier, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDfollowing which Customer covenants not to bring or permit the making of any claim, action or proceeding in connection with this Agreement or its subject matter.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT PAYFARE SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR THIS AGREEMENTOTHERWISE, WE WILL NOT NEITHER PARTY SHALL BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM THE OTHER FOR ANY CIRCUMSTANCES BEYOND OUR CONTROLLOSS OF PROFITS, INCLUDINGLOSS OF BUSINESS, WITHOUT LIMITATIONLOSS OF USE, ACTS INTERRUPTION OF GOVERNMENTAL AUTHORITIESBUSINESS, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIALPUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR SPECIAL CONSEQUENTIAL DAMAGES (OF ANY KIND SUFFERED BY SUCH OTHER PARTY FOR BREACH HEREOF, WHETHER IN BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE)OTHER LEGAL OR EQUITABLE THEORY, EVEN IF YOU HAVE SUCH PARTY HAS BEEN ADVISED US OF THE POSSIBILITY OF SUCH LOSS REGARDLESS OF WHETHER OR NOT THE LOSSES WERE FORESEEABLE, AND REGARDLESS OF THE THEORY OR CAUSE OF ACTION UPON WHICH THE DAMAGES MIGHT BE BASED. FOR CLARITY, NOTHING IN THIS SECTION 4.03 SHALL LIMIT A PARTY’S RIGHT UNDER SECTIONS 4.04 AND 4.05 TO SEEK INDEMNIFICATION OF ACTUAL DAMAGES PAID TO A THIRD PARTY REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, INTERRUPTION OF BUSINESS, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (BUT EXCLUDING PUNITIVE DAMAGES). THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.CONFIDENTIAL - Do not share without permission EXECUTION COPY

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT GLOBAL PAYCARD CORPORATION, DBA XXXXXXXX PAYCARD SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDCREDITED TO YOUR ACCOUNT. ARBITRATION NOTICE THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. Acknowledgment of Arbitration. Your Account is being made available and priced by the Bank on the basis of your acceptance of this arbitration provision. By using your Card or registering your Account, you acknowledge that you are giving up the right to litigate Claims (as defined below) if either party elects arbitration of the Claims pursuant to this provision, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW 100AVA AND ALL AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU THEY HAVE BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGESLOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAWEXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON OF FEES OR PAYMENTS MADE TO 100AVA, IF ANY, FOR THE CARDSERVICE, SOFTWARE OR CONTENT AT ISSUE.

Limited Liability. UNLESS EXPRESSLY PROHIBITED OR OTHERWISE REQUIRED RESTRICTED BY LAW OR APPLICABLE LAW, THIS AGREEMENT, WE OR THE ELECTRONIC FUNDS TRANSFERS DISCLOSURE, THE BANK’S LIABILITY IS LIMITED AS FOLLOWS: THE BANK WILL NOT BE LIABLE TO YOU FOR: FOR PERFORMING OR FAILING TO PERFORM OUR SERVICES UNDER OR IN CONNECTION WITH THIS AGREEMENT UNLESS WE HAVE ACTED IN BAD FAITH. WITHOUT LIMITING THE ABOVE, THE BANK WILL NOT BE LIABLE FOR DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES WHICH HAPPEN BECAUSE OF REASONS BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ACTS OF GOVERNMENTAL BANKING AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTIONACTS OF GOD, WARFAILURE OF TRANSPORTATION, COMMUNICATION OR POWER SUPPLY, OR RIOTS; MALFUNCTION OF OR UNAVOIDABLE DIFFICULTIES WITH THE FAILURE OF MERCHANTS BANK’S EQUIPMENT. SHOULD A COURT ESTABLISH THE BANK’S LIABILITY TO HONOR THE CARD; THE FAILURE OF MERCHANTS YOU PURSUANT TO PERFORM WHAT WAS DONE OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOUNOT DONE UNDER THIS AGREEMENT, YOU WILL MAY RECOVER FROM THE BANK ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. , IN NO EVENT SHALL AN AMOUNT NOT TO EXCEED THE TOTAL FEES AND CHARGES PAID BY YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. BANK PURSUANT TO THIS AGREEMENT DURING THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.THREE

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENTAGREEMENT OR UNDER ANY TORT, WE WILL NOT BE CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER LEGAL OR EQUITABLE THEORY, (A) NEITHER RIVERBED NOR ANY OF ITS AFFILIATES OR SUPPLIERS IS LIABLE TO YOU FOR: DELAYS FOR (I) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR MISTAKES CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, CONTRACTS, BUSINESS, REVENUES, GOODWILL OR REPUTATION, (II) COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, OR (III) LOSS OR CORRUPTION OF DATA, INTERRUPTION OF USE, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLEND USER’S USE OF ANY PRODUCT, INCLUDINGAND (B) THE AGGREGATE LIABILITY OF RIVERBED AND ITS AFFILIATES AND SUPPLIERS WILL NOT EXCEED THE AGGREGATE FEES RECEIVED BY RIVERBED ON BEHALF OF PARTNER UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. THE FOREGOING LIMITATION IS CUMULATIVE, WITHOUT LIMITATION, ACTS WITH ALL CLAIMS BEING AGGREGATED TO DETERMINE SATISFACTION OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, THE LIMIT. THE EXISTENCE OF ONE OR RIOTS; MORE CLAIMS WILL NOT ENLARGE THE FAILURE OF MERCHANTS TO HONOR LIMIT. THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU FOREGOING LIMITATIONS WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), APPLY EVEN IF YOU HAVE ADVISED US RIVERBED IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCTS ARE NOT DESIGNED FOR USE IN ANY DEVICE OR SYSTEM IN WHICH A MALFUNCTION OF THE PRODUCT WOULD RESULT IN FORESEEABLE RISK OF INJURY OR DEATH TO ANY PERSON. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAWINCLUDES OPERATION OF NUCLEAR FACILITIES, LIFE-SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS AND AIR TRAFFIC CONTROL. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY NEITHER RIVERBED NOR ANY OF ITS AFFILIATES IS LIABLE FOR ANY ALLEGED NEGLIGENCE FAILURE OR MISCONDUCT DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL OR FOR ANY ALLOCATION OF PRODUCTS BETWEEN ITS CUSTOMERS IN THE EVENT OF A SHORTAGE. THIS SECTION DOES NOT LIMIT LIABILITY FOR DEATH OR BODILY INJURY OF A PERSON, TORT OF DECEIT, FRAUD, OR BREACH OF THE OBLIGATIONS IMPLIED BY SECTION 12 OF THE BANK SALE OF GOODS ACT 1979 OR GREEN DOT SHALL BE LIMITED SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982. PARTNER WAIVES ANY RIGHT IT MAY HAVE TO THE TOTAL AMOUNT LOADED ON THE CARDRECEIVE ANY COMPENSATION OR REPARATIONS AS A RESULT OF TERMINATION OR EXPIRATION OF THIS AGREEMENT UNDER ANY APPLICABLE LAW.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW IN NO EVENT SHALL THE INTENTIONALIST OR THIS AGREEMENTANY OF ITS EMPLOYEES, WE WILL NOT DIRECTORS, OFFICERS, AGENTS, SUPPLIERS OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLOTHER PERSON RELATED TO OR ARISING OUT OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIESFOR SPECIAL, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL CONSEQUENTIAL DAMAGES (WHETHER IN OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, PROFITS OR GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, TORTSTRICT LIABILITY, NEGLIGENCE, OR OTHERWISEOTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, COPYING, OR DISPLAY OF THE CONTENT OF THIS SITE. THIS LIMITATION APPLIES TO ALL CLAIMS, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, STRICT LIABILITY, MISREPRESENTATION, PRODUCTS LIABILITY, VIOLATIONS OF LAW (INCLUDING REGULATIONS), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGESNEGLIGENCE, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAWWithout limiting the foregoing provisions or the provisions of our Privacy Notice, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDthe limit on total cumulative liability owed by Intentionalist to you or any person for any claims arising form or relating to the service shall be limited to a maximum of the amount you have paid Intentionalist for our Site in the 12 months preceding the date of the claim giving rise to such liability.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR NOTWITHSTANDING ANYTHING CONTRARY IN THIS AGREEMENT, WE WILL NOT NEITHER PARTY SHALL BE LIABLE TO YOU FOR: DELAYS THE OTHER, BY REASON OF ANY REPRESENTATION OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLEXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, CONDITION OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OTHER TERM OR ANY PAYMENT SYSTEMDUTY AT COMMON OR CIVIL LAW, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, LOST PROFITS, CONSEQENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT. IN THE EVENT THAT WE ARE HELD LIABLE TO YOUOF ANY BREACH OF THIS AGREEMENT, YOU WILL ONLY BE HOWEVER, THE NON-BREACHING PARTY IS ENTITLED TO RECOVER YOUR ACTUAL DAMAGESEXPECTATION DAMAGES FROM THE BREACH PARTY, WHICH ARE DEFINED AS THE AMOUNTS THAT NON-BREACHING PARTY WOULD HAVE RECEIVED UNDER THE AGREEMENT HAD THE BREACHING PARTY FULLY PERFORMED PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IT IS FURTHER AGREED THAT IF A CLAIM OR LIABILITY SHOULD ARISE FROM THE JOINT OR CONCURRING NEGLIGENCE OF BOTH PARTIES HERETO, IT SHOULD BE BORNE BY THEM COMPARATIVELY IN NO EVENT ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NEITHER THIS SECTION NOR ANY OTHER PORTION OF THIS AGREEMENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARYCONSTRUED AS, OR SPECIAL DAMAGES (WHETHER IN CONTRACTSHALL CREATE ANY, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY RIGHTS FOR ANY ALLEGED NEGLIGENCE PERSONS OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED ENTITIES WHO ARE NOT A PARTY TO THE TOTAL AMOUNT LOADED ON THE CARDTHIS AGREEMENT. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict.

Limited Liability. UNLESS OTHERWISE REQUIRED TO THE EXTENT PERMITTED BY LAW LAW, IN NO EVENT SHALL SELLER OR THIS AGREEMENT, WE WILL NOT ITS SUPPLIERS BE LIABLE TO YOU FOR: DELAYS PURCHASER OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLTHIRD PARTY FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, INCLUDINGLOST PROFITS, DATA OR BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH, WITHOUT LIMITATION, ACTS THE SALE OF GOVERNMENTAL AUTHORITIESTHE COVERED HARDWARE OR SERVICE CONTRACT, NATIONAL EMERGENCIESTHE USE OF THE COVERED HARDWARE, INSURRECTIONTHE ITEMS AND SERVICES PROVIDED HEREUNDER, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, SELLER’S PERFORMANCE HEREUNDER OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOUOF THESE TERMS AND CONDITIONS, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER HOWEVER ARISING OR CAUSED AND ON ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES THEORY OF LIABILITY (WHETHER IN CONTRACT, TORTTORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY SELLER’S TOTAL AND CUMULATIVE LIABILITY TO PURCHASER OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE COVERED HARDWARE OR ITEMS PROVIDED HEREUNDER (INCLUDING USE THEREOF), THE SERVICE CONTRACT, THE SERVICES PROVIDED HEREUNDER, AND SELLER’S PERFORMANCE HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY DUTY OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT PAID TO SELLER FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDSERVICE CONTRACT AND BILLABLE SERVICES.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW YOU ACKNOWLEDGE AND AGREE THAT NONE OF PROVIDER AND ITS RELATED PARTIES AND/OR THE MUNICIPALITIES ARE RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR(B) YOUR USE OF, OR RIOTS; THE FAILURE OF MERCHANTS INABILITY TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENTUSE, ANY INTERNET ASPECT OF THE SERVICE, (C) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, YOU WILL ONLY BE ENTITLED (E) YOUR FAILURE TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARYWEAR A BICYCLE HELMET WHILE USING A PROVIDER BICYCLE, OR SPECIAL DAMAGES (WHETHER F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORTTORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHERWISE)OTHER GROUNDS, EVEN IF YOU ANY OF PROVIDER AND ITS RELATED PARTIES AND/OR THE MUNICIPALITIES HAVE BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGESCLAIMS. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAWOUR TOTAL LIABILITY FOR ALL CLAIMS, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE OTHER GROUNDS, IS LIMITED TO THE TOTAL AMOUNT LOADED ON GREATER OF THE CARDSUM OF $100 AND THE AMOUNTS PAID BY YOU TO PROVIDER WITH RESPECT TO THE USE OF THE SERVICE TO WHICH THE CLAIM RELATES. Some jurisdictions do not allow for limited liability or exclusion of implied warranties; and, if any of those laws apply to You, then some or all of the above disclaimers, exclusions, or limitations might not apply to You, and You might have additional rights.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT LASCO Financial Services SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW YOU ACKNOWLEDGE AND AGREE THAT NONE OF GARDEN COMMUNITIES AND ITS RELATED PARTIES, BIKELINK AND ITS RELATED PARTIES AND/OR THE MUNICIPALITIES ARE RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR(B) YOUR USE OF, OR RIOTS; THE FAILURE OF MERCHANTS INABILITY TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENTUSE, ANY INTERNET OF THE SERVICE, (C) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, YOU WILL ONLY BE ENTITLED (E) YOUR FAILURE TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARYWEAR A BICYCLE HELMET WHILE USING A GARDEN COMMUNITIES BIKE SHARE BICYCLE, OR SPECIAL DAMAGES (WHETHER F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORTTORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHERWISE)OTHER GROUNDS, EVEN IF YOU ANY OF GARDEN COMMUNITIES AND ITS RELATED PARTIES AND/OR THE MUNICIPALITIES HAVE BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGESCLAIMS. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAWOUR TOTAL LIABILITY FOR ALL CLAIMS, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE OTHER GROUNDS, IS LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDSUM OF $100. Some jurisdictions do not allow for limited liability or exclusion of implied warranties; and, if any of those laws apply to You, then some or all of the above disclaimers, exclusions, or limitations might not apply to You, and You might have additional rights.

Limited Liability. UNLESS OTHERWISE REQUIRED TO THE FULLEST EXTENT PERMITTED BY LAW OR THIS AGREEMENTAPPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU TRADEMORE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE “TRADEMORE PARTIES”) BE ENTITLED TO RECOVER LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARYOR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR SPECIAL DAMAGES (ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH TRADEMORE UNDER THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE), EVEN IF YOU WE HAVE BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF TRADEMORE AND THE TRADEMORE PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE TRADEMORE SERVICES AND TRADEMORE WEBSITE EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU AGREE THAT YOUR RECOVERY TO US OR (II) $500. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR ANY ALLEGED NEGLIGENCE TRADEMORE’S GROSS NEGLIGENCE, FRAUD OR MISCONDUCT INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY DEVICES YOU PURCHASE THROUGH THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDTRADEMORE SERVICES.

Limited Liability. UNLESS OTHERWISE REQUIRED TO THE EXTENT PERMITTED BY LAW OR THIS AGREEMENTAPPLICABLE LAW, WE PROVIDER AND ITS RELATED COMPANIES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER FOR ANY INDIRECT, CONSEQUENTIALSPECIAL, EXEMPLARY, INCIDENTAL OR SPECIAL CONSEQUENTIAL DAMAGES (OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, LOST DATA, LOSS OF COMPUTER TIME, FAILURE TO REALIZE EXPECTED SAVINGS, AND ANY OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, IRRESPECTIVE OF WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US PROVIDER HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE NEITHER PARTY’S TOTAL LIABILITY TO THE EXTENT OTHERWISE REQUIRED OTHER PARTY, INCLUDING ANY LIABILITY FOR INDEMNITY, DEFENSE AND HOLD HARMLESS OBLIGATIONS, WILL EXCEED THE SUM OF ALL FEES PAID BY LAWCLIENT FOR THE SERVICES IN THE IMMEDIATELY PRECEDING 12 MONTHS. THIS SECTION WILL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM, INCLUDING BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH), NEGLIGENCE, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY; PROVIDED, HOWEVER, THAT THIS SECTION WILL NOT APPLY TO CLIENT’S OBLIGATION TO PAY FEES OR TAXES UNDER THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDAPPLICABLE AGREEMENT(S).

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES MIS- TAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLCON- TROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIESAU- THORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEMSYS- TEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIALCONSEQUEN- TIAL, EXEMPLARY, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY POS- SIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE EFFEC- TIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SERVICER SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT ITS PAYROLL MASTERCARD PREPAID CARD SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Limited Liability. UNLESS THE RIDER DOES HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE REQUIRED BE LIMITED BY LAW LAW, YULU AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR(B) THE RIDER’S USE OF, OR RIOTS; THE FAILURE OF MERCHANTS INABILITY TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENTUSE, ANY INTERNET SERVICEOF THE YULU SERVICES, VEHICLES, OR RELATED INFORMATION, (C) THE RIDER’S BREACH OF THIS AGREEMENT OR THE RIDER’S VIOLATION OF ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOULAW, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER (D) ANY INDIRECTNEGLIGENCE, CONSEQUENTIAL, EXEMPLARYMISCONDUCT, OR SPECIAL DAMAGES OTHER ACTION OR INACTION BY THE RIDER,(E) THE RIDER’S FAILURE TO WEAR A HELMET WHILE USING A VEHICLE, OR (WHETHER F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. THE RIDER DOES HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORTTORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHERWISE)OTHER GROUNDS, EVEN IF YOU HAVE YULU OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGESCLAIMS. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAWTOTAL LIABILITY OF YULU AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE INCLUDING THOSE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE OTHER GROUNDS, IS LIMITED TO THE TOTAL AMOUNT LOADED ON SUM OF INR 10,000. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO THE CARDRIDER, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO THE RIDER, AND THE RIDER MIGHT HAVE ADDITIONAL RIGHTS. YULU CLEANS AND SANITIZES ITS VEHICLES AT A REGULAR FREQUENCY. SANITISATION IS DONE USING A WHO CERTIFIED SOLVENT. HOWEVER, IN THE UNFORTUNATE CIRCUMSTANCE IF A COMMUTER CONTRACTS AN ILLNESS, YULU CANNOT BE HELD LIABLE.

Limited Liability. UNLESS OTHERWISE EXCEPT AS REQUIRED BY LAW LAW, IN NO EVENT WILL COMPANY OR THIS AGREEMENT, WE WILL NOT ITS AFFILIATES BE LIABLE TO YOU FOR: DELAYS CUSTOMER OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLCUSTOMER END USER, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE HAPROXY EDGE CDN SERVICE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR CONTENT, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, SUBSEQUENT OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON OF ANY KIND, WHETHER BASED ON CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, NEGLIGENCE OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISESTRICT LIABILITY), EVEN IF YOU HAVE SUCH PARTY HAS BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE EXCEPT AS REQUIRED BY LAW. , COMPANY WILL NOT BE LIABLE TO CUSTOMER FOR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE EXTENT PERMITTED BY LAWHAPROXY EDGE CDN SERVICE. IF, YOU AGREE THAT YOUR RECOVERY NOTWITHSTANDING THE FOREGOING, COMPANY IS FOUND TO BE LIABLE TO CUSTOMER FOR ANY ALLEGED NEGLIGENCE DAMAGE OR MISCONDUCT LOSS WHICH ARISES UNDER OR IN CONNECTION WITH THE HAPROXY EDGE CDN SERVICE, COMPANY’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY THE BANK OR GREEN DOT SHALL BE LIMITED CUSTOMER FOR THE RELEVANT HAPROXY EDGE CDN SERVICE FOR THE SIX MONTHS PRIOR TO THE TOTAL AMOUNT LOADED ON OCCURRENCE OF THE CARDEVENT(S) GIVING RISE TO COMPANY’S LIABILITY. THE PARTIES ACKNOWLEDGE THAT THE DISCLAIMER OF WARRANTIES, DISCLAIMER OF CONSEQUENTIAL DAMAGES AND LIMITATIONS OF LIABILITY HEREIN AND IN THE OTHER TERMS OF THIS AGREEMENT AND THE ALLOCATION OF RISK HEREIN ARE AN ESSENTIAL ELEMENT OF THE BARGAINED FOR CONSIDERATION BETWEEN THE PARTIES, WITHOUT WHICH COMPANY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. COMPANY’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THESE LIMITATIONS.

Limited Liability. UNLESS RIDER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE REQUIRED BE LIMITED BY LAW LAW, BTS AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING ANY CLAIM ARISING OUT OF OR RELATING TO (i) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR(ii) RIDER'S USE OF, OR RIOTS; THE FAILURE OF MERCHANTS INABILITY TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENTUSE, ANY INTERNET SERVICEOF THE SERVICES, (iii) RIDER'S BREACH OF THIS AGREEMENT OR RIDER'S VIOLATION OF ANY LAW, (iv) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER,(v) RIDER'S FAILURE TO WEAR A BICYCLE HELMET WHILE USING A BIKE, (vi) ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOUINJURY, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARYDAMAGE, OR SPECIAL DAMAGES (WHETHER IN CONTRACTCOST CAUSED BY RIDER WITH RESPECT TO ANY PERSON OR PROPERTY, TORTINCLUDING THE BIKE ITSELF, OR OTHERWISE)(vii) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. RIDER WAIVES ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, UNDER ANY LEGAL THEORY, EVEN IF YOU HAVE BTS OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGESCLAIMS. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY TOTAL LIABILITY OF BTS AND ALL OTHER RELEASED PERSONS FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE ALL CLAIMS IS LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; IF ANY OF THOSE LAWS APPLY TO RIDER, SOME OR ALL OF THE TOTAL AMOUNT LOADED ON THE CARDABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO RIDER, AND RIDER MIGHT HAVE ADDITIONAL RIGHTS.

Limited Liability. UNLESS OTHERWISE EXCEPT AS REQUIRED BY LAW LAW, IN NO EVENT WILL COMPANY OR THIS AGREEMENT, WE WILL NOT ITS AFFILIATES BE LIABLE TO YOU FOR: DELAYS CUSTOMER OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROLCUSTOMER END USER, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE EDGE ADN SERVICE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR CONTENT, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, SUBSEQUENT OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON OF ANY KIND, WHETHER BASED ON CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, NEGLIGENCE OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISESTRICT LIABILITY), EVEN IF YOU HAVE IT HAS BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE EXCEPT AS REQUIRED BY LAW. , COMPANY WILL NOT BE LIABLE TO CUSTOMER FOR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE EXTENT PERMITTED BY LAWEDGE ADN SERVICE. IF, YOU AGREE THAT YOUR RECOVERY NOTWITHSTANDING THE FOREGOING, COMPANY IS FOUND TO BE LIABLE TO CUSTOMER FOR ANY ALLEGED NEGLIGENCE DAMAGE OR MISCONDUCT LOSS WHICH ARISES UNDER OR IN CONNECTION WITH THE EDGE ADN SERVICE, COMPANY’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY THE BANK OR GREEN DOT SHALL BE LIMITED CUSTOMER FOR THE RELEVANT EDGE ADN SERVICE FOR THE SIX MONTHS PRIOR TO THE TOTAL AMOUNT LOADED ON OCCURRENCE OF THE CARDEVENT(S) GIVING RISE TO COMPANY’S LIABILITY. THE PARTIES ACKNOWLEDGE THAT THE DISCLAIMER OF WARRANTIES, DISCLAIMER OF CONSEQUENTIAL DAMAGES AND LIMITATIONS OF LIABILITY HEREIN AND IN THE OTHER TERMS OF THIS AGREEMENT AND THE ALLOCATION OF RISK HEREIN ARE AN ESSENTIAL ELEMENT OF THE BARGAINED FOR CONSIDERATION BETWEEN THE PARTIES, WITHOUT WHICH COMPANY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. COMPANY’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THESE LIMITATIONS.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW IN NO EVENT WILL XXX XXXXXXX, ITS AFFILIATED ENTITIES OR THIS AGREEMENTANY OF THEIR RESPECTIVE OFFICERS, WE WILL NOT DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, OR AUTHORIZED AGENTS AND ALL OF THEIR RESPECTIVE SUCCESSORS, ASSIGNS, HEIRS, AND ESTATES, AND XXX XXXXXXX’X THIRD PARTY LICENSORS BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM FOR ANY CIRCUMSTANCES BEYOND OUR CONTROLSPECIAL, INCLUDINGINDIRECT, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECTINCIDENTAL, CONSEQUENTIAL, EXEMPLARYEXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE SOFTWARE OR ANY THIRD PARTY SOFTWARE UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT XXX XXXXXXX, ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, OR SPECIAL DAMAGES (WHETHER IN CONTRACTAUTHORIZED AGENTS AND ALL OF THEIR RESPECTIVE SUCCESSORS, TORTASSIGNS, HEIRS, AND ESTATES, OR OTHERWISE), EVEN IF YOU ITS THIRD PARTY LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED US OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU FURTHER AGREE THAT YOUR RECOVERY SOLE AND EXCLUSIVE REMEDY, AND XXX XXXXXXX’X SOLE AND EXCLUSIVE LIABILITY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT BREACH OF THIS AGREEMENT SHALL BE LIMITED TO THE REPAIR, REPLACEMENT, OR REFUND OF THE PRICE PAID FOR THE SOFTWARE AT XXX XXXXXXX’X SOLE AND ABSOLUTE DISCRETION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL XXX XXXXXXX’X TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT LOADED ON PAID, IF ANY, BY YOU FOR THE CARDSOFTWARE.

Limited Liability. UNLESS RIDER DOES HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE REQUIRED BE LIMITED BY LAW LAW, BTS AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR(B) RIDER’S USE OF, OR RIOTS; THE FAILURE OF MERCHANTS INABILITY TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENTUSE, ANY INTERNET SERVICEOF THE SERVICES, BIKES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, (C) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOULAW, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER (D) ANY INDIRECTNEGLIGENCE, CONSEQUENTIAL, EXEMPLARYMISCONDUCT, OR SPECIAL DAMAGES OTHER ACTION OR INACTION BY RIDER,(E) RIDER’S FAILURE TO WEAR A BICYCLE HELMET WHILE USING A BIKE, OR (WHETHER F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. RIDER DOES HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORTTORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHERWISE)OTHER GROUNDS, EVEN IF YOU HAVE BTS OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGESCLAIMS. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAWTOTAL LIABILITY OF BTS AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE OTHER GROUNDS, IS LIMITED TO THE TOTAL AMOUNT LOADED ON SUM OF $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO RIDER, THEN SOME OR ALL OF THE CARDABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO RIDER, AND RIDER MIGHT HAVE ADDITIONAL RIGHTS.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARDACCOUNT; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT [INSERT SERVICER/PROGRAM MANGER] SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDACCOUNT.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW NEITHER PARTY, ITS SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CAUSE OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), LIABILITY OR DAMAGE OF ANY KIND FOR ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WE WILL NOT WHETHER IN CONTRACT, NEGLIGENCE OR TORT, IN EXCESS OF THE TOTAL FEES AND CHARGES PAID BY THE LICENSEE FOR THE LICENSED PROGRAMS AND SERVICES. IN NO EVENT SHALL EITHER PARTY OR ITS SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR: DELAYS FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MISTAKES RESULTING FROM EXEMPLARY DAMAGES OF ANY CIRCUMSTANCES BEYOND OUR CONTROLKIND WHATSOEVER, WHETHER OR NOT FORESEEABLE (INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIESLEGAL FEES) IN ANY WAY DUE TO, NATIONAL EMERGENCIES, INSURRECTION, WARRESULTING FROM, OR RIOTS; ARISING IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF EITHER PARTY'S NEGLIGENCE OR FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOSS OF BUSINESS, LOST PROFITS OR REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, LOST DATA OR ANY FAILURE OF MERCHANTS TO HONOR SECURITY RESULTING IN ANY WAY FROM THE CARD; LICENSEE'S USE OF THE FAILURE OF MERCHANTS TO PERFORM LICENSED PROGRAMS OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICESERVICES ARISING OUT OF, OR ANY PAYMENT SYSTEM. IN RESULTING FROM, (I) THE EVENT THAT WE ARE HELD LIABLE USE OF OR INABILITY TO YOU, YOU WILL ONLY BE ENTITLED USE THE LICENSED PROGRAMS AND SERVICES OR (II) THE PROVISION OF OR FAILURE TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARYPROVIDE SUPPORT, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, III) TRANSACTIONS ENTERED INTO THROUGH OR OTHERWISE)BY REASON OF THE LICENSED PROGRAMS AND SERVICES, EVEN IF YOU HAVE LICENSOR HAS BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAWBecause some States and jurisdictions do not allow limitation of liability in certain instances, portions of the above limitation set forth in this Section 8 may not apply to Licensee. TO THE EXTENT PERMITTED BY LAWNo action against either party or any of its directors, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDofficers, employees or agents, regardless of form (including negligence), arising out of or in any way related to this Agreement may be brought by the other party more than one year after the cause of action has arisen. The essential purpose of this Section 8 is to limit the potential liability of the parties arising under this Agreement. The parties acknowledge that the limitations set forth in this Section 8 are commensurate with the amount of consideration levied in connection with the license of the Licensed Programs and Services and that, were Licensor to assume any further liability, such consideration would out of necessity, have been set much higher.

Limited Liability. UNLESS EXPRESSLY PROHIBITED OR OTHERWISE REQUIRED RESTRICTED BY LAW APPLICABLE LAW, THIS AGREEMENT OR THIS AGREEMENTTHE ELECTRONIC FUNDS TRANSFERS DISCLOSURE, WE THE BANK’S LIABILITY IS LIMITED AS FOLLOWS: THE BANK WILL NOT BE LIABLE TO YOU FOR: FOR PERFORMING OR FAILING TO PERFORM OUR SERVICES UNDER OR IN CONNECTION WITH THIS AGREEMENT UNLESS WE HAVE ACTED IN BAD FAITH. WITHOUT LIMITING THE ABOVE, THE BANK WILL NOT BE LIABLE FOR DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES WHICH HAPPEN BECAUSE OF REASONS BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, ACTS OF GOVERNMENTAL BANKING AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTIONACTS OF GOD, WARFAILURE OF TRANSPORTATION, COMMUNICATION OR POWER SUPPLY, OR RIOTS; MALFUNCTION OF OR UNAVOIDABLE DIFFICULTIES WITH THE FAILURE OF MERCHANTS BANK’S EQUIPMENT. SHOULD A COURT ESTABLISH THE BANK’S LIABILITY TO HONOR THE CARD; THE FAILURE OF MERCHANTS YOU PURSUANT TO PERFORM WHAT WAS DONE OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOUNOT DONE UNDER THIS AGREEMENT, YOU WILL MAY RECOVER FROM THE BANK ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES, IN AN AMOUNT NOT TO EXCEED THE TOTAL FEES AND CHARGES PAID BY YOU TO THE BANK PURSUANT TO THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IN NO EVENT SHALL WILL YOU BE ENTITLED ABLE TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY FROM THE BANK CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDLOST PROFITS. If you are a licensed attorney, or a law firm, you agree that we may report information about overdrafts and/or returned checks drawn on Accounts which you maintain as trustee for the benefit of another person or in any fiduciary capacity, to the extent and in the manner required by applicable laws, rules and regulations. For example, if you are an attorney licensed to practice in the Commonwealth of Massachusetts, we are required to provide such information to the Massachusetts Bar Board of Overseers regarding “trust accounts” as defined in S.J.C. Rule 3:07 and Disciplinary Rule 9-102(A). You agree that we have no liability to you for reporting any information to applicable authorities regarding any Account which we believe in good faith is subject to such laws, rules, or regulations.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW XXXXXXXX.XXX AND ALL It’s AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU THEY HAVE BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGESLOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAWEXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON OF FEES OR PAYMENTS MADE TO XXXXXXXX.XXX, IF ANY, FOR THE CARDSERVICE, SOFTWARE OR CONTENT AT ISSUE.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU THE COMPANY BE ENTITLED LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARYTHE USE OR INABILITY TO USE THE SERVICE, OR SPECIAL THE RESULTS OBTAINED FROM USING THE SERVICE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, DAMAGES (WHETHER IN CONTRACTFOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, TORT, OR OTHERWISE)SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF YOU HAVE THE COMPANY KNOWS OR HAS BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS PROVISION AGREEMENT, EXCEED THE LESSER OF THE FEES PAID BY THE USER FOR THE SERVICE OR $100 DOLLARS. IN NO EVENT SHALL NOT THE COMPANY BE EFFECTIVE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE EXTENT OTHERWISE REQUIRED BY LAW. CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY OR DAMAGE TO THE EXTENT PERMITTED BY LAWPROPERTY, YOU AGREE THAT YOUR RECOVERY FOR EMOTIONAL DISTRESS, AND/OR ANY ALLEGED NEGLIGENCE OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MISCONDUCT BY THE BANK OR GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDMEETINGS WITH OTHER USERS OF THIS SERVICE.

Limited Liability. UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL PROVIDER OR PROVIDER'S LICENSOR BE ----------------- LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU BE ENTITLED TO RECOVER ANY (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, CONSEQUENTIALSPECIAL, EXEMPLARYCONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR SPECIAL DAMAGES (WHETHER COMMITMENTS IN CONTRACTCONNECTION WITH ANY BUSINESS, TORTLOSS OF ANY GOODWILL, OR OTHERWISEDAMAGES RESULTING FROM LOST DATA OR INABILITY TO USE DATA), EVEN IF YOU IRRESPECTIVE OF WHETHER PROVIDER OR PROVIDER'S LICENSOR HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE ADVISED US KNOWN OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGES. THIS PROVISION LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IF PROVIDER'S LIMITED WARRANTY OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL NOT FOR ANY REASON WHATSOEVER BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAWHELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR GREEN DOT PROVIDER'S AND PROVIDER'S LICENSOR'S LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARDNOT EXCEED $100.00. Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty shall not be applicable to the extent that any provision of this warranty is prohibited by any federal, state or local law which cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.