Common use of No Warranties; Limitation of Liability Clause in Contracts

No Warranties; Limitation of Liability. THE WEBSITE AND THE CONTENT ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USE, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.

No Warranties; Limitation of Liability. THE WEBSITE AND THE CONTENT ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USETHIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.

No Warranties; Limitation of Liability. A. No Warranties WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY YOU OR ANY THIRD PARTY AND IN NO WAY WARRANT THE WEBSITE CAPABILITIES OF ANY SUCH EQUIPMENT OR SOFTWARE USED IN CONJUNCTION WITH THE SMS SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE SMS SERVICE AND ACCESS TO THE CONTENT SYSTEM ARE AT YOUR SOLE RISK. THE SMS SERVICE AND SYSTEM ARE PROVIDED ON AN "AS IS, " AND ALL WARRANTIES AN "AS AVAILABLE" BASIS. WE ARE NOT LIABLE FOR SMS SERVICE OR SYSTEM OUTAGES OF ANY KINDDURATION. WE MAKE NO EXPRESS WARRANTY REGARDING THE SMS SERVICE, PAST SYSTEM, OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADETHE EQUIPMENT AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION IMPLIED ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USE, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED PURPOSE OR NONINFRINGEMENT. WE DO NOT AUTHORIZE ANYONE TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, WARRANTIES ON OUR BEHALF AND SUBSCRIBER MAY YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE EQUIPMENT AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. WE MAKE NO WARRANTY THAT THE SMS SERVICE OR SYSTEM WILL MEET YOUR REQUIREMENTS, OR THAT THE SMS SERVICE OR SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR TECHNOLOGY PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SMS SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SMS SERVICE. WE OR ADVICEOUR TECHNOLOGY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SMS SERVICE OR SYSTEM AT ANY TIME. IN NO EVENT SHALL DISCOVERY EDUCATION YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SMS SERVICE AND SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE LIABLE SOLELY RESPONSIBLE FOR ANY LOST DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS SO SOME OF THEORY OF LIABILITYTHE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

No Warranties; Limitation of Liability. THE WEBSITE Licensor and its suppliers makes no warranties with respect to the Site Products, and User acknowledges the Site Products are provided on an "as is" and “as available” basis, without any warranties, representations or conditions, express or implied including warranties, representations or conditions of merchantable quality, fitness for a particular purpose or non-infringement of third party rights, or those arising by law or by usage of trade or course of dealing. The entire risk as to the results and performance of the Site Products is assumed by User. LICENSOR AND THE CONTENT ARE PROVIDED AS ISITS SUPPLIERS, AGENTS, EMPLOYEES, AND ALL WARRANTIES OF REPRESENTATIVES SHALL NOT HAVE ANY KIND, PAST LIABILITY TO USER OR PRESENT, WHETHER STATUTORY, COMMON-LAW ANY OTHER PERSON OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USE, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE ENTITY FOR ANY LOSS OF REVENUE OR PROFIT OR SAVINGS, LOST OR DAMAGED DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIALCOMMERCIAL OR ECONOMIC LOSS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIALPUNITIVE, PUNITIVE SPECIAL OR INDIRECT CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED OR FOR CLAIMS BY A THIRD PARTY AGAINST USER. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF LICENSOR AND REGARDLESS ITS SUPPLIERS TO THE USER OR ANY OTHER PARTY FOR ANY CAUSE WHATSOEVER RELATED TO THE SITE PRODUCTS SHALL NOT EXCEED THE AMOUNT OF THEORY THE FEES PAID BY USER, IF ANY, IN THE TWELVE MONTHS PRECEDING THE DATE OF LIABILITYANY CLAIM, AND IF NO LICENCE FEES HAVE BEEN PAID, $1. THIS SECTION SHALL APPLY WHETHER OR NOT THE LIABILITY RESULTS FROM A BREACH OF A TERM OR CONDITION, OR A FUNDAMENTAL BREACH OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

No Warranties; Limitation of Liability. THE WEBSITE EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 14, ACCESS TO HEALTHELINK SYSTEM, USE OF HEALTHELINK SERVICES AND THE CONTENT INFORMATION OBTAINED BY A DATA RECIPIENT PURSUANT TO THE USE OF THOSE SERVICES AND SOFTWARE ARE PROVIDED “AS IS, ” AND ALL WARRANTIES “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, PAST EXPRESSED OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADEIMPLIED, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USE, NON-INFRINGEMENT, ARE . IT IS EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. AGREED THAT IN NO EVENT SHALL DISCOVERY EDUCATION HEALTHELINK BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTALINDIRECT, CONSEQUENTIAL, PUNITIVE OR INDIRECT EXEMPLARY DAMAGES, HOWEVER CAUSED AND REGARDLESS INCLUDING BUT NOT LIMITED TO, LOSS OF THEORY PROFITS OR REVENUES, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORIES OF LIABILITY, EVEN IF HEALTHELINK HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. HEALTHELINK DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR OTHER THIRD PARTIES. THE FOREGOING SHALL NOT APPLY TO A BREACH OF SECTIONS 9 OR 13 OF THIS AGREEMENT.

No Warranties; Limitation of Liability. 9.1 NO WARRANTIES. MICROSOFT, AND ITS AFFILIATES, SUPPLIERS, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES, OR CONDITIONS WITH RESPECT TO CUSTOMER’S USE OF ANY TRIAL SERVICE. CUSTOMER UNDERSTANDS THAT USE OF THE WEBSITE TRIAL SERVICE IS AT CUSTOMER’S OWN RISK AND THE CONTENT ARE PROVIDED MICROSOFT PROVIDES EACH TRIAL SERVICE ON AN “AS IS” BASIS, “WITH ALL FAULTS” AND ALL WARRANTIES “AS AVAILABLE”. MICROSOFT DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE TRIAL SERVICE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, MICROSOFT EXCLUDES ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADEIMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY ANDWORKMANLIKE EFFORT, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USE, AND NON-INFRINGEMENT. CUSTOMER MAY HAVE CERTAIN RIGHTS UNDER APPLICABLE LAW THAT CANNOT BE VARIED BY THIS AGREEMENT. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT, ARE EXPRESSLY DISCLAIMED OR TRY TO AFFECT, THOSE RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAWAPPLICABLE LAW DOES NOT PERMIT. DISCOVERY EDUCATION CUSTOMER ACKNOWLEDGES THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. MICROSOFT DOES NOT GUARANTEE THE TRIAL SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE ERROR-FREE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY THAT CUSTOMER DATA LOSS WILL NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITYOCCUR.

No Warranties; Limitation of Liability. THE WEBSITE AND THE CONTENT ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USETHIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION BT DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION BT OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATIONBT'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION BT BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. I:\FILES\DOCS\VAIL01\810287\DOC\IR1102.DOC Exhibit B: Beyond Textbooks: Appropriate Use Policy CONTENT CRITERIA The resource or idea: • Must be congruent to the stated performance objective of the wiki page. • Must have been successfully used within the classroom by the teacher prior to populating the resource/idea on a wiki page. TECHNICAL CRITERIA The resource or idea: • Can be populated on a wiki page by any Vail or BT partner certified staff. • Has file attachments that are printed to PDF file (only used for AppleWorks documents) or archived to a ZIP file (used for all other documents) to ensure accessibility across District computer systems. • Can be made available through the Vail School District web filter. • Is properly formatted to match the existing wiki page formatting. • Has file attachments, hyperlinks, media attachments, and comments that are properly linked to ensure long-term accessibility. (Please be sure to type a brief description of the resource, and include your first and last name as well as your school's name.) • Is made up of, or links to, quality primary source materials. • Is free of excessive or inappropriate advertisement, unrequested pop-ups, and/or unrelated distracting content. COPYRIGHT/FAIR-USE CRITERIA • The resource being posted is being used and distributed within the rules of educational fair-use. • If the resource is copyrighted, it will only include a link to the material, not the actual downloaded materials. COMMENT POPULATION CRITERIA

No Warranties; Limitation of Liability. NEITHER DEALERTRACK NOR ANY THIRD PARTY PROVIDER OF ANY COMPONENTS OF, OR INTEGRATION FOR, THE WEBSITE SYSTEM IS RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED IN OR ACCESSED THROUGH, OR RESULTS OBTAINED FROM, THE SYSTEM. ALL SUCH INFORMATION AND THE CONTENT RESULTS ARE PROVIDED “AS IS, AND ALL ” TO DEALER WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND, PAST INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR PRESENTFITNESS FOR ANY PARTICULAR PURPOSE, WHETHER STATUTORY, COMMON-LAW OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE PERFORMANCE. ALL WARRANTIES AND CONDITIONS IMPLIED BY LEGISLATION ARE HEREBY DISCLAIMED BY DEALERTRACK, FOR ITSELF AND ON BEHALF OF TRADEEACH SUCH THIRD PARTY PROVIDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INCLUDING DEALERTRACK DISCLAIMS (FOR ITSELF AND ON BEHALF OF EACH SUCH THIRD PARTY PROVIDER) ANY REPRESENTATION OR WARRANTY THAT THE SYSTEM (I) WILL PERFORM WITHOUT LIMITATION INTERRUPTION OR BE ERROR-FREE OR (II) MEETS DEALER’S REQUIREMENTS. FURTHERMORE, NEITHER DEALERTRACK NOR ANY SUCH THIRD PARTY PROVIDER WILL BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE (INCLUDING, WITHOUT LIMITATION, DEALER’S ABILITY TO COMMUNICATE DATA TO FINANCIAL INSTITUTIONS AND OTHER FINANCING SOURCES), INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECTS IN THE SYSTEM, OR FOR THE INCOMPATIBILITY BETWEEN THE SYSTEM AND THE DEALER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. DEALERTRACK AND SUCH THIRD PARTY PROVIDERS WILL ALSO NOT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY DEALER. NO LICENSE TO DEALER IS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, IN THESE DISCLAIMERS. EXCEPT AS MAY BE OTHERWISE STATED EXPRESSLY PROVIDED BY WRITTEN AGREEMENT BETWEEN DEALERTRACK AND DEALER, NEITHER DEALERTRACK NOR ANY SUCH THIRD PARTY PROVIDER WILL HAVE ANY TORT, CONTRACT OR ANY OTHER LIABILITY TO DEALER AND/OR ANY THIRD PARTY ARISING IN THESE TERMS CONNECTION WITH ACCESS TO OR USE OF (OR INABILITY TO USE) THE SYSTEM, NON-INFRINGEMENTOR RELIANCE ON ANY INFORMATION, ARE EXPRESSLY DISCLAIMED RESULTS OR SERVICES PROVIDED BY THE SYSTEM. NEITHER DEALERTRACK NOR ANY SUCH THIRD PARTY PROVIDER WILL UNDER ANY CIRCUMSTANCES BE LIABLE TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION DOES NOT GUARANTEE DEALER AND/OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY THIRD PARTY, REGARDLESS OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE FORM OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDERACTION, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATAPROFITS OR LOST OPPORTUNITY, LOST PROFITSOR ANY INDIRECT, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE OR INDIRECT DAMAGES WHATSOEVER, EVEN IF DEALERTRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.

No Warranties; Limitation of Liability. THE WEBSITE AND THE CONTENT ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED PROVIDED ELSEWHERE IN THESE TERMS THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF USEBANK'S ONLINE BANKING SERVICES IS AT YOUR SOLE RISK AND THAT THE ONLINE BANKING SERVICE AND ALL INFORMATION, NONSOFTWARE, PRODUCTS AND CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM OUR ONLINE BANKING SITE(S) ARE PROVIDED ON AN "AS IS" "WHERE IS" AND "WHERE AVAILABLE BASIS" AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT NEITHER BANK NOR ANY OF ITS THIRD PARTY SERVICE PROVIDERS WARRANT THAT THE ONLINE BANKING SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED FREE OR THAT ALL ERRORS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY LAW, BANK AND ANY THIRD PARTY SERVICE PROVIDERS SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, BY FACT, BY STATUTE OR OTHERWISE, WHETHER ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE BANKING SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SITE(S). DISCOVERY EDUCATION DOES NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS. UNLESS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER BANK NOR ANY OF ITS THIRD PARTY SERVICE PROVIDERS SHALL BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT GUARANTEE LIMITED TO, ANY LOSS OF DATA, BUSINESS OR MAKE ANY REPRESENTATIONS REGARDING PROFITS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT BASED ON BREACH OF WARRANTY, CONTRACT OR NEGLIGENCE IN CONNECTION WITH THIS AGREEMENT OR THE USE ONLINE SERVICES OR ACCURACY PRODUCTS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE WEBSITE POSSIBILITY OF SUCH DAMAGES, OR THE CONTENTFOR CLAIMS AGAINST US OR ANY SERVICE PROVIDER BY A THIRD PARTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY WE WILL NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATADAMAGES, LOST PROFITSREGARDLESS OF THEIR NATURE, BUSINESS INTERRUPTIONFOR ANY DELAY OR FAILURE TO PERFORM OUR OBLIGATIONS UNDER THIS AGREEMENT ARISING FROM OR RELATED TO THE ONLINE BANKING SYSTEM, REPLACEMENT SERVICE EQUIPMENT, BROWSER AND/OR THEIR INSTALLATION OR MAINTENANCE, ACCESS TO OR USE OF THE ONLINE BANKING SERVICE, YOUR GRANTING TO US OR TO ANY THIRD PARTY SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR ACCOUNT OR TO YOUR COMPUTER SYSTEM(S) FOR TECHNOLOGY SUPPORT, FOR TRANSACTION ASSISTANCE, OR THIRD PARTY SERVICE, FOR EXAMPLE, ACCOUNT AGGREGA- TION, OR FOR FAILURE OF ELECTRIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE ONLINE BANKING SYSTEM, OR COMMUNICATIONS LINES, TELEPHONE OR OTHER SPECIALINTERCONNECT PROBLEMS, INCIDENTALBUGS, CONSEQUENTIALERRORS, PUNITIVE CONFIGU- RATION PROBLEMS OR INDIRECT DAMAGESINCOMPATIBILITY OF COMPUTER HARDWARE, HOWEVER CAUSED AND REGARDLESS SOFTWARE, THE INTERNET, OR THE ONLINE BANKING SYSTEM, FAILURE OR UNAVAILABILITY OF THEORY OF LIABILITYINTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU MAY EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL.

No Warranties; Limitation of Liability. CONSIGNMENT CHIC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING CONTENT, INCLUDING, WITHOUT LIMITATION, THE WEBSITE AND ACCURACY, QUALITY, RELIABILITY, OR COMPLETENESS OF THE CONTENT. CONSIGNMENT CHIC SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS IN THE SITE OR THE CONTENT. CONSIGNMENT CHIC MAKES NO WARRANTY THAT THE CONTENT ARE IS VIRUS OR ERROR FREE, OR THAT THE CONTENT DOES NOT VIOLATE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. THE CONTENT IS PROVIDED AS IS, AS AVAILABLE AND WITH ALL WARRANTIES FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. CONSIGNMENT CHIC DISCLAIMS ALL WARRANTIES, PAST EXPRESS OR PRESENTIMPLIED, WHETHER STATUTORY, COMMON-LAW OR FROM A ARISING BY COURSE OF DEALING PERFORMANCE OR USAGE OF TRADEUSAGE, INCLUDING WITHOUT LIMITATION IMPLIED LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF RELATED TO NON-INFRINGEMENT, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USE, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICENON- INTERFERENCE. IN NO EVENT SHALL DISCOVERY EDUCATION CONSIGNMENT CHIC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOST DATAPUNITIVE, LOST PROFITSEXEMPLARY, BUSINESS INTERRUPTIONDIRECT, REPLACEMENT SERVICE INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING IN CONNECTION WITH THIS AGREEMENT, THE TERMS OR THE CONTENT. THE FOREGOING LIMITATION SHALL APPLY EVEN IF CONSIGNMENT CHIC KNEW OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CONSIGNMENT CHIC IS TO CANCEL SELLER’S ACCOUNT AND LISTING AND CEASE USING THE SITE. IN NO EVENT SHALL CONSIGNMENT CHIC BE LIABLE FOR ANY DAMAGES OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AMOUNTS IN EXCESS OF THE FEES RECEIVED BY CONSIGNMENT CHIC FROM SELLER DURING THE YEAR IN WHICH THE EVENT GIVING RISE TO THE DAMAGES OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITYOTHER AMOUNTS OCCURRED.

No Warranties; Limitation of Liability. To the extent that the original manufacturer is not Service Provider or its affiliates and such manufacturer makes any warranties covering the Products, Service Provider assigns those warranties to you, subject to the conditions and limitations provided by the manufacturer. Service Provider will cooperate with you, at your cost, to process any warranty claim, but Service Provider assumes no other responsibility for such warranties. THE WEBSITE FOREGOING ASSIGNMENT OF WARRANTIES IS EXPRESSLY IN LIEU OF ANY AND ALL OTHER WARRANTIES PERTAINING TO THE CONTENT PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS WARRANTY ARISING FROM ANY DESCRIPTION OR SPECIFICATION PROVIDED FOR THE PRODUCTS, OR ANY SAMPLE OR MODEL PRESENTED TO YOU OR YOUR REPRESENTATIVES, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR TITLE. YOUR EXCLUSIVE REMEDY FOR ANY CLAIM BASED ON THE CONDITION, PERFORMANCE, DEFECT OR NON-CONFORMITY OF THE PRODUCTS SHALL BE TO MAKE A CLAIM TO THE ORIGINAL MANUFACTURER FOR THE WARRANTIES (IF ANY) PROVIDED BY THE ORIGINAL MANUFACTURER. THE SAAS SERVICES AND ANY TOOLS, APPLICATIONS, INFORMATION OR MATERIALS PROVIDED TO YOU IN CONNECTION WITH THE SAAS SERVICES ARE PROVIDED “AS IS, ,” AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RESULTS OR OUTPUT, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USETHIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION SAAS DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENTSAAS SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION SERVOCE PROVIDER OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATIONSAAS'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION SERVICE PROVIDER BE LIABLE FOR ANY LOST OR CORRUPTED DATA, DOWNTIME, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, INCLUDING NEGLIGENCE. Service Provider and its affiliates shall not be liable for loss, injury or damage of any kind to any person or entity resulting from any use, condition, performance, defect or failure in the Products or the SAAS Services. You and your Users release and waive all claims against Service Provider, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing (the “Service Provider Group”), from any and all claims, damages, liabilities, costs and expenses arising out of your and your Users' use of the Products and the SAAS Services. California residents waive any rights they may have under §1542 of the California Civil Code, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You and your Users agree to release unknown claims and waive all available rights under California Civil Code §1542 or under any other statute or common law principle of similar effect. To the extent permitted by applicable law, this release covers all such claims regardless of the negligence of the Service Provider Group.

No Warranties; Limitation of Liability. THE WEBSITE AND THE CONTENT ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED PROVIDED ELSEWHERE IN THESE TERMS THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF USEOUR ONLINE BANKING SERVICES IS AT YOUR SOLE RISK AND THAT THE ONLINE BANKING SERVICES AND ALL INFORMATION, NONSOFTWARE, PRODUCTS AND CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN, OR ACCESSIBLE FROM, ANY OF OUR ONLINE BANKING SITES ARE PROVIDED ON AN “AS IS” “WHERE IS” AND “WHERE AVAILABLE BASIS” AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT NEITHER UKFCU NOR ANY OF ITS THIRD PARTY SERVICE PROVIDERS WARRANT THAT THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED FREE OR THAT ALL ERRORS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY LAW, UKFCU AND ANY THIRD PARTY SERVICE PROVIDERS SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, BY FACT, BY STATUTE OR OTHERWISE, WHETHER ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SITE(S). DISCOVERY EDUCATION DOES NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS. UNLESS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER UKFCU NOR ANY OF ITS THIRD PARTY SERVICE PROVIDERS SHALL BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT GUARANTEE LIMITED TO, ANY LOSS OF DATA, BUSINESS OR MAKE ANY REPRESENTATIONS REGARDING PROFITS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT BASED ON BREACH OF WARRANTY, CONTRACT OR NEGLIGENCE IN CONNECTION WITH THIS AGREEMENT OR THE USE ONLINE SERVICES OR ACCURACY PRODUCTS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE WEBSITE POSSIBILITY OF SUCH DAMAGES, OR THE CONTENTFOR CLAIMS AGAINST US OR ANY SERVICE PROVIDER BY A THIRD PARTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY WE WILL NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATADAMAGES, LOST PROFITSREGARDLESS OF THEIR NATURE, BUSINESS INTERRUPTIONFOR ANY DELAY OR FAILURE TO PERFORM OUR OBLIGATIONS UNDER THIS AGREEMENT ARISING FROM OR RELATED TO THE ONLINE BANKING SYSTEM, REPLACEMENT SERVICE EQUIPMENT, BROWSER AND/OR THEIR INSTALLATION OR MAINTENANCE, ACCESS TO OR USE OF THE ONLINE BANKING SERVICES, YOUR GRANTING TO US OR TO ANY THIRD PARTY SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR ACCOUNT OR TO YOUR COMPUTER SYSTEM(S) FOR TECHNOLOGY SUPPORT, FOR TRANSACTION ASSISTANCE OR THIRD PARTY SERVICE, FOR EXAMPLE, ACCOUNT AGGREGATION, OR FOR FAILURE OF ELECTRIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE ONLINE BANKING SYSTEM OR COMMUNICATIONS LINES, TELEPHONE OR OTHER SPECIALINTERCONNECT PROBLEMS, INCIDENTALBUGS, CONSEQUENTIALERRORS, PUNITIVE CONFIGURATION PROBLEMS OR INDIRECT DAMAGESINCOMPATIBILITY OF COMPUTER HARDWARE, HOWEVER CAUSED AND REGARDLESS SOFTWARE, THE INTERNET OR THE ONLINE BANKING SYSTEM, FAILURE OR UNAVAILABILITY OF THEORY OF LIABILITYINTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU MAY EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL.

No Warranties; Limitation of Liability. THE WEBSITE AND THE CONTENT The Below Bored NFTS ARE PROVIDED AS SOLD TO PURCHASER AS-IS, WHERE-IS, AND ALL WARRANTIES WITHOUT WARRANTY OF ANY KIND, PAST specifically including warranties that the Below Bored NFT will meet the requirements, specifications, or needs requested, or demanded by Purchaser. BELOW BORED NFTS ARE NOT INVESTMENT PRODUCTS NOR DESIGNED FOR INVESTMENT PURPOSES AND SHOULD NOT BE CONSIDERED AS A TYPE OF INVESTMENT. XXXXX ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT BUYER SHOULD NOT EXPECT AND THERE IS NO GUARANTEE OR PRESENTREPRESENTATION OR WARRANTY BY THE COMPANY THAT: (A) ADDITIONAL BELOW BORED BENEFITS WILL EVER BE ADOPTED; (B) BELOW BORED NFTS WILL BE AVAILABLE IN EVERY COUNTRY, WHETHER STATUTORYAND (C) THE VALUE OF THE BELOW BORED NFT WILL INCREASE AT ANY DATE OR TIME IN THE FUTURE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, COMMONAND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADEPARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USE, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR ACCURACY OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS. NFTS EXIST ONLY BY VIRTUE OF THE WEBSITE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE CONTENTASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). BELOW BORED AND/OR ANY OTHER PARTY CANNOT AFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS. NO ORAL BELOW BORED PARTY IS RESPONSIBLE OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATASUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, LOST PROFITSABNORMAL BEHAVIOR OF SOFTWARE (E.G., BUSINESS INTERRUPTIONWALLET, REPLACEMENT SERVICE SMART CONTRACT), BLOCKCHAINS OR ANY OTHER SPECIALFEATURES OF THE NFTS. NO BELOW BORED PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCIDENTALINCLUDING FORKS, CONSEQUENTIAL, PUNITIVE TECHNICAL NODE ISSUES OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITYANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.

No Warranties; Limitation of Liability. To the extent that the original manufacturer is not Service Provider or its affiliates and such manufacturer makes any warranties covering the Products, Service Provider assigns those warranties to you, subject to the conditions and limitations provided by the manufacturer. Service Provider will cooperate with you, at your cost, to process any warranty claim, but Service Provider assumes no other responsibility for such warranties. THE WEBSITE FOREGOING ASSIGNMENT OF WARRANTIES IS EXPRESSLY IN LIEU OF ANY AND ALL OTHER WARRANTIES PERTAINING TO THE CONTENT PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS WARRANTY ARISING FROM ANY DESCRIPTION OR SPECIFICATION PROVIDED FOR THE PRODUCTS, OR ANY SAMPLE OR MODEL PRESENTED TO YOU OR YOUR REPRESENTATIVES, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR TITLE. YOUR EXCLUSIVE REMEDY FOR ANY CLAIM BASED ON THE CONDITION, PERFORMANCE, DEFECT OR NON-CONFORMITY OF THE PRODUCTS SHALL BE TO MAKE A CLAIM TO THE ORIGINAL MANUFACTURER FOR THE WARRANTIES (IF ANY) PROVIDED BY THE ORIGINAL MANUFACTURER. THE SAAS SERVICES AND ANY TOOLS, APPLICATIONS, INFORMATION OR MATERIALS PROVIDED TO YOU IN CONNECTION WITH THE SAAS SERVICES ARE PROVIDED “AS IS, ,” AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RESULTS OR OUTPUT, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USETHIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION SAAS DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENTSAAS SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION SERVICE PROVIDER OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATIONSAAS'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION SERVICE PROVIDER BE LIABLE FOR ANY LOST OR CORRUPTED DATA, DOWNTIME, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, INCLUDING NEGLIGENCE. Service Provider and its affiliates shall not be liable for loss, injury or damage of any kind to any person or entity resulting from any use, condition, performance, defect or failure in the Products or the SAAS Services. You and your Users release and waive all claims against Service Provider, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing (the “Service Provider Group”), from any and all claims, damages, liabilities, costs and expenses arising out of your and your Users' use of the Products and the SAAS Services. California residents waive any rights they may have under §1542 of the California Civil Code, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You and your Users agree to release unknown claims and waive all available rights under California Civil Code §1542 or under any other statute or common law principle of similar effect. To the extent permitted by applicable law, this release covers all such claims regardless of the negligence of the Service Provider Group.

No Warranties; Limitation of Liability. THE WEBSITE Inasmuch as this Agreement enables You to evaluate the Preview Offering without charge or obligation, PREVIEW OFFERINGS AND THE CONTENT ALL RELATED MATERIALS ARE PROVIDED TO YOU “AS IS, AND WITH ALL WARRANTIES FAULTS.” Sonatype does not make any representations or guarantees regarding Service Levels, uptime or availability of the Preview Offering. Any Company Data that You enter into the Preview Offering will be permanently lost unless You purchase a subscription to the same offering, and You are solely responsible for exporting Your Company Data before the end of the Evaluation Term or all Company Data will be permanently lost. WITHOUT LIMITING THE GENERALITY OF ANY KINDTHE FOREGOING, PAST OR PRESENTSONATYPE SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADEAND IMPLIED INCLUDING, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REFERENCES TO ANY CATEGORIZATION OF OPEN SOURCE SOFTWARE LICENSE AGREEMENTS (OR TERMS THEREOF) INCLUDED WITHIN THE PREVIEW OFFERING DO NOT CONSTITUTE LEGAL ADVICE OR GUIDANCE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USE, NON-INFRINGEMENT, AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS RESPONSIBLE FOR SEEKING APPROPRIATE LEGAL ADVICE REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR YOUR RIGHTS AND OBLIGATIONS SET FORTH IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICELICENSE AGREEMENT. IN NO EVENT SHALL DISCOVERY EDUCATION WILL SONATYPE BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY LOST DATADIRECT, LOST PROFITSINDIRECT, BUSINESS INTERRUPTIONSPECIAL, REPLACEMENT SERVICE OR OTHER SPECIALPUNITIVE, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS CONSEQUENTIAL DAMAGES WHICH MAY ARISE FROM USE OF THEORY OF LIABILITYTHE PREVIEW OFFERINGS.

No Warranties; Limitation of Liability. THE WEBSITE AND THE CONTENT ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USETHIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION ASSESSMENT DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION ASSESSMENT OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATIONEDUCATION ASSESSMENT'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER ASSESSMENT CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION ASSESSMENT BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.

No Warranties; Limitation of Liability. TO THE WEBSITE AND EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT THE CONTENT ARE SERVICE IS PROVIDED "AS IS, AND ALL " WITHOUT WARRANTIES OF ANY KIND, PAST EXPRESS OR PRESENTIMPLIED, WHETHER STATUTORYAND SERVICE PROVIDER HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, COMMON-LAW EXPRESS OR FROM A COURSE OF DEALING OR USAGE OF TRADEIMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USE, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED USE AND RESULTS OBTAINED FROM IT. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. DISCOVERY EDUCATION DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION WILL SERVICE PROVIDER OR ANY SUBSTITUTE OR SUBCONTRACTOR OF SERVICE PROVIDER BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATIOIN LOST PROFITS OR LOSS OF DATA, LOST PROFITSOR ANY OTHER INDIRECT, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE INCURRED IN RELATION TO THE SERVICE, THE USE OF THE SERVICE OR ANY ACTIONS OF THIRD PARTIES. Individual User and Customer shall be exclusively liable for ensuring that it and, in case of Customer, its End Users possess required and adequate knowledge to properly install and use the Service. Service Provider shall not be liable for damages caused by improper installing or use on the part of Customer or Users, or any other user of the Service. The Service Provider does not guarantee that the use of the Service will be uninterrupted, timely, secure or error-free. Availability of the Service will not be guaranteed by the Service Provider. Any technical support services shall be agreed on separately. The User shall be responsible for acquiring any appliances, data communication connections, and programs necessary for the use of the Service and the information security thereof. The Service Provider is not responsible for any content that is made available on the Service by the Individual User, Customer, its End-Users or third parties. The Service provider is not responsible if information on the Service is not accurate, complete or up to date. The Service is not meant to be used for long-term storage of any data. The Service provider is not liable for any harm or damage regarding loss of data. The User is responsible for backing up data.

No Warranties; Limitation of Liability. To the extent that the original manufacturer is not Ichthys Digital Initiatives LLC or its affiliates and such manufacturer makes any warranties covering the Products, Ichthys Digital Initiatives LLC assigns those war- ranties to you, subject to the conditions and limitations provided by the manufacturer. Ichthys Digital Initia- tives LLC will cooperate with you, at your cost, to process any warranty claim, but Ichthys Digital Initiatives LLC assumes no other responsibility for such warranties. THE WEBSITE FOREGOING ASSIGNMENT OF WARRANTIES IS EXPRESSLY IN LIEU OF ANY AND ALL OTHER WARRANTIES PERTAINING TO THE CONTENT PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS WARRANTY ARISING FROM ANY DESCRIPTION OR SPECIFICATION PROVIDED FOR THE PRODUCTS, OR ANY SAMPLE OR MODEL PRESENTED TO YOU OR YOUR REPRESENTATIVES, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR TITLE. YOUR EXCLUSIVE REMEDY FOR ANY CLAIM BASED ON THE CONDITION, PERFOR- XXXXX, DEFECT OR NON-CONFORMITY OF THE PRODUCTS SHALL BE TO MAKE A CLAIM TO THE ORIGINAL MANUFACTURER FOR THE WARRANTIES (IF ANY) PROVIDED BY THE ORIGINAL MANUFACTURER. THE GP SAAS SERVICES AND ANY TOOLS, APPLICATIONS, INFORMATION OR MATERIALS PROVIDED TO YOU IN CONNECTION WITH THE GP SAAS SERVICES ARE PROVIDED “AS IS, ,” AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RESULTS OR OUTPUT, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USETHIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION GP SAAS DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENTGP SAAS SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION ICHTHYS DIGITAL INITIATIVES LLC OR ITS EMPLOYEES EM- PLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S GP SAAS’S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION SERVICE PROVIDER BE LIABLE FOR ANY LOST OR CORRUPTED DATA, DOWNTIME, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTALINCIDEN- TAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, INCLUDING NEGLIGENCE. Ichthys Digital Initiatives LLC and its affiliates shall not be liable for loss, injury or damage of any kind to any person or entity resulting from any use, condition, performance, defect or failure in the Products or the GP SAAS Services. You and your Users release and waive all claims against Ichthys Digital Initiatives LLC, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, offi- cers, shareholders, employees, agents and representatives of each of the foregoing (the “Service Provider Group”), from any and all claims, damages, liabilities, costs and expenses arising out of your and your Users’ use of the Products and the GP SAAS Services. California residents waive any rights they may have under §1542 of the California Civil Code, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You and your Users agree to release unknown claims and waive all available rights under California Civil Code §1542 or under any other statute or common law principle of similar effect. To the extent permitted by applicable law, this release covers all such claims regardless of the negligence of the Service Provider Group.

No Warranties; Limitation of Liability. 9.1. NO WARRANTIES. MICROSOFT, AND ITS AFFILIATES, SUPPLIERS, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES, OR CONDITIONS WITH RESPECT TO CUSTOMER’S USE OF ANY TRIAL SERVICE. CUSTOMER UNDERSTANDS THAT USE OF THE WEBSITE TRIAL SERVICE IS AT CUSTOMER’S OWN RISK, AND THE CONTENT ARE PROVIDED MICROSOFT PROVIDES EACH TRIAL SERVICE ON AN “AS IS” BASIS, “WITH ALL FAULTS” AND ALL WARRANTIES “AS AVAILABLE”. MICROSOFT DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE TRIAL SERVICE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, MICROSOFT EXCLUDES ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADEIMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY ANDWORKMANLIKE EFFORT, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USE, AND NON-INFRINGEMENT. CUSTOMER MAY HAVE CERTAIN RIGHTS UNDER APPLICABLE LAW THAT CANNOT BE VARIED BY THIS AGREEMENT. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT, ARE EXPRESSLY DISCLAIMED OR TRY TO AFFECT, THOSE RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAWAPPLICABLE LAW DOES NOT PERMIT. DISCOVERY EDUCATION CUSTOMER ACKNOWLEDGES THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. MICROSOFT DOES NOT GUARANTEE THE TRIAL SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE ERROR-FREE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY THAT CUSTOMER DATA LOSS WILL NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITYOCCUR.

No Warranties; Limitation of Liability. THE WEBSITE AND THE CONTENT ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED PROVIDED ELSEWHERE IN THESE TERMS THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF USEOUR ONLINE BANKING SERVICES IS AT YOUR SOLE RISK AND THAT THE ONLINE BANKING SERVICES AND ALL INFORMATION, NONSOFTWARE, PRODUCTS, AND CONTENT (INCLUDING THIRD-INFRINGEMENTPARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN, OR ACCESSIBLE FROM, ANY OF OUR ONLINE BANKING SITES ARE EXPRESSLY DISCLAIMED PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE BASIS” AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT NEITHER UKFCU NOR ANY OF ITS THIRD-PARTY SERVICE PROVIDERS WARRANT THAT THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY LAW, UKFCU AND ANY THIRD-PARTY SERVICE PROVIDERS SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, BY FACT, BY STATUTE, OR OTHERWISE, WHETHER ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SITE(S). DISCOVERY EDUCATION DOES NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS. UNLESS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER UKFCU NOR ANY OF ITS THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT GUARANTEE LIMITED TO, ANY LOSS OF DATA, BUSINESS, OR MAKE ANY REPRESENTATIONS REGARDING PROFITS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT BASED ON BREACH OF WARRANTY, CONTRACT OR NEGLIGENCE IN CONNECTION WITH THIS AGREEMENT OR THE USE ONLINE SERVICES OR ACCURACY PRODUCTS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE WEBSITE POSSIBILITY OF SUCH DAMAGES, OR THE CONTENTFOR CLAIMS AGAINST US OR ANY SERVICE PROVIDER BY A THIRD PARTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY WE WILL NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATADAMAGES, LOST PROFITSREGARDLESS OF THEIR NATURE, BUSINESS INTERRUPTIONFOR ANY DELAY OR FAILURE TO PERFORM OUR OBLIGATIONS UNDER THIS AGREEMENT ARISING FROM OR RELATED TO THE ONLINE BANKING SYSTEM, REPLACEMENT SERVICE EQUIPMENT, BROWSER AND/OR THEIR INSTALLATION OR MAINTENANCE, ACCESS TO OR USE OF THE ONLINE BANKING SERVICES, YOUR GRANTING TO US OR TO ANY THIRD PARTY SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR ACCOUNT OR TO YOUR COMPUTER SYSTEM(S) FOR TECHNOLOGY SUPPORT, FOR TRANSACTION ASSISTANCE OR THIRD PARTY SERVICE, FOR EXAMPLE, ACCOUNT AGGREGATION, OR FOR FAILURE OF ELECTRIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE ONLINE BANKING SYSTEM OR COMMUNICATIONS LINES, TELEPHONE OR OTHER SPECIALINTERCONNECT PROBLEMS, INCIDENTALBUGS, CONSEQUENTIALERRORS, PUNITIVE CONFIGURATION PROBLEMS OR INDIRECT DAMAGESINCOMPATIBILITY OF COMPUTER HARDWARE, HOWEVER CAUSED AND REGARDLESS SOFTWARE, THE INTERNET OR THE ONLINE BANKING SYSTEM, FAILURE OR UNAVAILABILITY OF THEORY OF LIABILITYINTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU MAY EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL.

No Warranties; Limitation of Liability. THE WEBSITE a) VENDOR, ITS AFFILIATES AND THE CONTENT ARE PROVIDED AS IS, THEIR RESPECTIVE THIRD PARTY SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY EVERY KIND, PAST EXPRESS AND/OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADEIMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF PURPOSE OR USE, NON-INFRINGEMENTOR TITLE, ARE EXPRESSLY DISCLAIMED AS TO THE FULLEST EXTENT PERMITTED SERVICES, INCLUDING THE INFORMATION, DATA, SOFTWARE, APPLICATIONS OR PRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED BY LAWTHEIR USE, AND AS TO THE PERFORMANCE THEREOF. DISCOVERY EDUCATION DOES NOT NEITHER VENDOR, ITS AFFILIATES NOR THEIR RESPECTIVE THIRD PARTY SUPPLIERS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY COMPLETENESS OF THE WEBSITE SERVICES OR ANY COMPONENT THEREOF. b) VENDOR, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY SUPPLIERS SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS, MALFUNCTIONS OR DELAYS IN THE CONTENTSERVICES. NO ORAL THE SERVICES AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND LICENSEE’S USE OF, OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ANY DECISIONS MADE IN RELIANCE OF THE SERVICES IS AT LICENSEE’S OWN RISK. FURTHER, VENDOR, ITS EMPLOYEES AFFILIATES AND THEIR RESPECTIVE THIRD PARTY SUPPLIERS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATACLAIMS AGAINST LICENSEE BY THIRD PARTIES, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITYEXCEPT IN CONNECTION WITH VENDOR’S INDEMNIFICATION OBLIGATIONS HEREUNDER.

No Warranties; Limitation of Liability. THE WEBSITE SERVICES, CONTENT, AND THE CONTENT USER ANALYTICS ARE PROVIDED “AS IS, ” AND ALL “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, PAST INCLUDING THAT THE SERVICES, CONTENT, OR PRESENTUSER ANALYTICS WILL OPERATE ERROR-FREE OR THAT THE SERVICES, WHETHER STATUTORYITS SERVERS, COMMONOR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-LAW OR INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. Bigeye IS NOT LIABLE FOR ANY COSTS OR FEES ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITYINCLUDING, FITNESS BUT NOT LIMITED TO, COSTS INCURRED FROM AMAZON WEB SERVICES OR SIMILAR PROVIDERS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USE, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED INCREASED LOAD. Bigeye’S PRODUCTS ONLY QUERY DATA SETS YOU SUBMIT TO THE FULLEST EXTENT PERMITTED PRODUCTS AND IDENTIFY ISSUES WITHIN THE DATA SETS SPECIFIED BY LAWYOU. DISCOVERY EDUCATION Xxxxxx DOES NOT GUARANTEE FIX OR MAKE RESOLVE ANY REPRESENTATIONS REGARDING THE USE ISSUES IDENTIFIED. Bigeye SHALL NOT BE LIABLE FOR FAILURE TO REMEDIATE ANY IDENTIFIED OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICEUNIDENTIFIED ISSUES. IN NO EVENT CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL DISCOVERY EDUCATION NOT BE LIABLE FOR ANY LOST DATAINCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTIONINTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES, REPLACEMENT SERVICE THE CONTENT, OR OTHER SPECIALTHE USER ANALYTICS, INCIDENTALEVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES, CONSEQUENTIALTHE CONTENT, PUNITIVE OR INDIRECT DAMAGESTHE USER ANALYTICS SHALL BE LIMITED TO THE GREATER OF (I) MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, HOWEVER CAUSED AND REGARDLESS OR (II) ONE HUNDRED US DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THEORY CERTAIN WARRANTIES. THEREFORE, SOME OF LIABILITYTHE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

No Warranties; Limitation of Liability. THE WEBSITE ONLINE SERVICES AND ALL INFORMATION, SOFTWARE, AND OTHER MATERIALS PROVIDED THROUGH THE CONTENT ONLINE SERVICES ARE PROVIDED “AS IS, ” AND ALL WARRANTIES ON AN “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, PAST NONINFRINGEMENT OF INTELLECTUAL PROPERTY, QUALITY, OR PRESENTFITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT GUARANTEE THE SECURITY OF THE ONLINE SERVICES OR THE PREVENTION FROM LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR ACCOUNT INFORMATION OR DATA, OR THAT THE ONLINE SERVICES WILL BE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER RELATING TO OR RESULTING FROM THE USE OR INABILITY TO USE THE ONLINE SERVICES, MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, DELETION OF FILES, LOSS OR MODIFICATION OF CONTENT OR DATA, ERRORS, DEFECTS, MISDELIVERIES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ANY SERVER, RECORDS, PROGRAMS, OR SERVICES, WHETHER STATUTORYOR NOT LIMITED TO CIRCUMSTANCES BEYOND OUR CONTROL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMMON-LAW IN NO EVENT WILL WE, OUR AFFILIATES, OR FROM A COURSE OUR OR THEIR PARTNERS, PRINCIPALS, LICENSORS, SUPPLIERS, CONTRACTORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, AND/OR EMPLOYEES BE LIABLE FOR ANY DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING IN CONNECTION WITH THE ONLINE SERVICES, INCLUDING WITH RESPECT TO THE THIRD PARTY MATERIALS, OR IN CONNECTION WITH THE USE OF DEALING OR USAGE OF TRADEINABILITY TO USE THE ONLINE SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES DAMAGES FOR ANY FAILURE OF MERCHANTABILITYPERFORMANCE, FITNESS FOR A PARTICULAR PURPOSEERROR, SECURITY ANDOMISSION, EXCEPT AS MAY BE OTHERWISE STATED INTERRUPTION, DEFECT, DELAY IN THESE TERMS OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR LOSS OR MODIFICATION OF USECONTENT OR DATA, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY EVEN IF ADVISED OF THE WEBSITE OR THE CONTENTPOSSIBILITY OF SUCH DAMAGES. NO ORAL THIRD PARTY SHALL HAVE ANY RIGHT OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITYCLAIM UNDER THESE TERMS.

No Warranties; Limitation of Liability. THE WEBSITE MDSA SOFTWARE AND ANY TOOLS, APPLICATIONS, INFORMATION OR MATERIALS PROVIDED TO YOU IN CONNECTION WITH THE CONTENT MDSA SOFTWARE ARE PROVIDED “AS IS, ,” AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING INCLUDING, WITHOUT LIMITATION LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RESULTS OR OUTPUT, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USETHIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION MDSA DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENTMDSA SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION SERVICE PROVIDER OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATIONMDSA'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION SERVICE PROVIDER BE LIABLE FOR ANY LOST OR CORRUPTED DATA, DOWNTIME, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, INCLUDING NEGLIGENCE. Service Provider and its affiliates shall not be liable for loss, injury or damage of any kind to any person or entity resulting from any use, condition, performance, defect or failure in the Products or the MDSA software. You and your Users release and waive all claims against Service Provider, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing (the “Service Provider Group”), from any and all claims, damages, liabilities, costs and expenses arising out of your and your Users' use of the Products and the MDSA software. California residents waive any rights they may have under §1542 of the California Civil Code, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You and your Users agree to release unknown claims and waive all available rights under California Civil Code §1542 or under any other statute or common law principle of similar effect. To the extent permitted by applicable law, this release covers all such claims regardless of the negligence of the Service Provider Group.

No Warranties; Limitation of Liability. THE WEBSITE Licensor and its suppliers makes no warranties with respect to the Site Products, and User acknowledges the Site Products are provided on an "as is" and “as available” basis, without any warranties, representations or conditions, express or implied including warranties, representations or conditions of merchantable quality, fitness for a particular purpose or non-infringement of third party rights, or those arising by law or by usage of trade or course of dealing. The entire risk as to the Licensor, or the use of or access to the Site Products or part thereof by User. On termination of this Agreement, User shall cease using the licensed Site Products and, at the request of Licensor, shall destroy any copy of the Site Products in its possession and certify that the licensed Site Products have been purged from all of User’s computer systems, and all hardcopy materials produced from the licensed Site Products have been destroyed. results and performance of the Site Products is assumed by User. LICENSOR AND THE CONTENT ARE PROVIDED AS ISITS SUPPLIERS, AGENTS, EMPLOYEES, AND ALL WARRANTIES OF REPRESENTATIVES SHALL NOT HAVE ANY KIND, PAST LIABILITY TO USER OR PRESENT, WHETHER STATUTORY, COMMON-LAW ANY OTHER PERSON OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USE, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE ENTITY FOR ANY LOSS OF REVENUE OR PROFIT OR SAVINGS, LOST OR DAMAGED DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIALCOMMERCIAL OR ECONOMIC LOSS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIALPUNITIVE, PUNITIVE SPECIAL OR INDIRECT CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED OR FOR CLAIMS BY A THIRD PARTY AGAINST USER. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF LICENSOR AND REGARDLESS ITS SUPPLIERS TO THE USER OR ANY OTHER PARTY FOR ANY CAUSE WHATSOEVER RELATED TO THE SITE PRODUCTS SHALL NOT EXCEED THE AMOUNT OF THEORY THE FEES PAID BY USER, IF ANY, IN THE TWELVE MONTHS PRECEDING THE DATE OF LIABILITYANY CLAIM, AND IF NO LICENCE FEES HAVE BEEN PAID, $1. THIS SECTION SHALL APPLY WHETHER OR NOT THE LIABILITY RESULTS FROM A BREACH OF A TERM OR CONDITION, OR A FUNDAMENTAL BREACH OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.