Webforum's Limited Liability, etc Sample Clauses

Webforum's Limited Liability, etc. Subject to the limitations set forth in this Agreement, WFE shall be liable for losses resulting from WFE’s gross negligence. Such liability is limited to an amount equivalent to the amount paid by the Operator for the operation of the platform for the three month period prior to the loss. In the event of defects or deficiencies attributable to the Platform, WFE will act to rectify such defect without unreasonable delay. In the absence of intent or gross negligence by WFE, WFE assumes no responsibility for defects or deficiencies in tools and services included therein. The Operator shall not be entitled to a reduction in Platform fee, or to damages or other compensation in the event of operational disruption or errors that impede traffic that are not due to negligence by WFE. Where operational disruptions or traffic errors occur to such an extent that the Administrator or a User does not have access to Platform tools and services during a period in excess of one (1) month, the Operator shall be entitled to terminate this Agreement in writing in the manner set forth below, and such termination shall constitute the Operator's sole remedy. A written error notification must be given by the Operator within a reasonable time of the discovery of the defect and not later than 30 days after the Operator knew of, or should have been aware of, the grounds for the claim. Under no circumstances shall WFE be liable for indirect losses, loss of profits or anticipated savings, loss of revenue, loss of data