Common use of Disclaimers and Limitation of Liability Clause in Contracts

Disclaimers and Limitation of Liability. COUNTY IS PROVIDING THE APPLICATION AND INFORMATION ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON-INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE APPLICATION, THE CODE, COMPUTERS OR COMPUTER SYSTEMS RELATED TO THE APPLICATION, THE COMMUNICATION OR CONNECTION TO THE APPLICATION, THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION IS FREE OF HARMFUL CODE. SUBSCRIBER fully understands and agrees that (i) the Application is subject to errors, omissions, delays or interruptions; and (ii) COUNTY may modify or change the Application or Information in a manner that may impact or restrict SUBSCRIBER’s access. In any such event, the COUNTY will not be liable for the cost of such changes or damages which may be sustained by SUBSCRIBER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS OR THE CORRECT SEQUENCING OF THE INFORMATION OR THAT DEFECTS WILL BE CORRECTED. SUBSCRIBER fully understands and agrees that, except for COUNTY’s proprietary documents (i) the Information is provided by third-parties; (ii) COUNTY merely records and stores the Information; and (iii) COUNTY is not responsible for the content of the Information. SUBSCRIBER fully understands and agrees that the Information is subject to errors, omissions, delay or interruptions, including but not limited to (i) delays, errors or omissions in the receipt of the Information, (ii) changes, adjustments, corrections or modifications of the Information and (iii) that COUNTY may make modifications, changes and/or adjustments to the Information at any time and without notice to SUBSCRIBER. IN NO EVENT SHALL COUNTY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGES EVEN IF THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. COUNTY’S SOLE LIABILITY AND SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES RELATED TO THIS AGREEMENT OR FOR ANY BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LIABILITY FOR APPLICATION OR INFORMATION NONPERFORMANCE, ERRORS OR OMISSIONS, SHALL BE LIMITED TO RESTORING OR CORRECTING THE APPLICATION OR INFORMATION AS IS REASONABLY POSSIBLE UNDER THE PERTINENT CIRCUMSTANCES. SUBSCRIBER agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of SUBSCRIBER, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of SUBSCRIBER to perform any obligation under this Agreement.

Disclaimers and Limitation of Liability. COUNTY IS PROVIDING THE APPLICATION AND INFORMATION ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVERTesting and quality assurance of the Software may not be completed. THERE IS NO As the Software is subject to change, SOTI reserves the right to alter the Software at any time, and any reliance on the Software is at the Licensee’s own risk. Provision of any Software under this Agreement is experimental and shall not create any obligation for SOTI to continue to develop, produce, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party. The Software provided by SOTI is provided “AS IS” and “AS AVAILABLE”, WITHOUT WARRANTY OF MERCHANTABILITYANY KIND TO USER OR ANY THIRD PARTY, NO WARRANTY INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OF THE SOFTWARE; FITNESS FOR PARTICULAR USE, NO WARRANTY LICENSEE’S PURPOSE OR SYSTEM INTEGRATION; ACCURACY OF INFORMATIONAL CONTENT; NON-INFRINGEMENT; QUIET ENJOYMENT; AND TITLE. LICENSEE AGREES THAT ANY EFFORTS BY SOTI TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, NO WARRANTY REGARDING THE USE AND THAT ANY SOTI WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THE INFORMATION THEIR ESSENTIAL PURPOSE. LICENSEE FURTHER AGREES THAT SOTI SHALL NOT BE LIABLE TO LICENSEE OR THE RESULTS THEREOF AND NO OTHER WARRANTY ANY THIRD PARTY FOR ANY LOSS OF ANY KINDPROFITS, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOINGLOSS OF USE, COUNTY DOES NOT WARRANT THE PERFORMANCE INTERRUPTION OF THE APPLICATION, THE CODE, COMPUTERS OR COMPUTER SYSTEMS RELATED TO THE APPLICATION, THE COMMUNICATION OR CONNECTION TO THE APPLICATION, THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTEDBUSINESS, OR THAT THE APPLICATION IS FREE OF HARMFUL CODE. SUBSCRIBER fully understands and agrees that (i) the Application is subject to errors, omissions, delays or interruptions; and (ii) COUNTY may modify or change the Application or Information in a manner that may impact or restrict SUBSCRIBER’s access. In any such event, the COUNTY will not be liable for the cost of such changes or damages which may be sustained by SUBSCRIBER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS OR THE CORRECT SEQUENCING OF THE INFORMATION OR THAT DEFECTS WILL BE CORRECTED. SUBSCRIBER fully understands and agrees that, except for COUNTY’s proprietary documents (i) the Information is provided by third-parties; (ii) COUNTY merely records and stores the Information; and (iii) COUNTY is not responsible for the content of the Information. SUBSCRIBER fully understands and agrees that the Information is subject to errors, omissions, delay or interruptions, including but not limited to (i) delays, errors or omissions in the receipt of the Information, (ii) changes, adjustments, corrections or modifications of the Information and (iii) that COUNTY may make modifications, changes and/or adjustments to the Information at any time and without notice to SUBSCRIBER. IN NO EVENT SHALL COUNTY BE LIABLE FOR ACTUAL, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR LOSS OF PROFITOTHERWISE, LOSS OF BUSINESS OR ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGES EVEN IF THE COUNTY HAS BEEN LICENSEE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES OR WAS GROSSLY NEGLIGENT. COUNTYIN ANY CASE SOTI’S SOLE TOTAL LIABILITY AND SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES RELATED TO THIS AGREEMENT OR FOR ANY BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LIABILITY FOR APPLICATION OR INFORMATION NONPERFORMANCE, ERRORS OR OMISSIONS, SHALL BE LIMITED TO RESTORING OR CORRECTING THE APPLICATION OR INFORMATION AS IS REASONABLY POSSIBLE UNDER THE PERTINENT CIRCUMSTANCESAMOUNT OF FIFTY UNITED STATES DOLLARS ($50.00 USD). SUBSCRIBER agrees to defend, indemnify, and hold harmless Some jurisdictions do not permit the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes exclusion or limitation of action, judgments, liability for consequential or incidental damages, lossesand, costsas such, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of SUBSCRIBER, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance some portion of the services required above limitation may not apply to Licensee. In such jurisdictions, Licensee’s liability is limited to the greatest extent permitted by this Agreement, and against all loss by reason of the failure of SUBSCRIBER to perform any obligation under this Agreementlaw.

Disclaimers and Limitation of Liability. COUNTY IS PROVIDING THIS SECTION DOES NOT AFFECT THE APPLICATION LEGAL WARRANTY PROVIDED FOR UNDER QUÉBEC LAW. THIS WEBSITE AND INFORMATION THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN AS-IS “AS IS” BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON-INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING UNI-SELECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ON-INFRINGEMENT WITH RESPECT TO THE FOREGOINGSITE AND MATERIALS, COUNTY CONTENT, SERVICES AND PRODUCT ON THIS SITE. UNI-SELECT DOES NOT REPRESENT OR WARRANT THE PERFORMANCE OF THE APPLICATIONTHAT MATERIALS IN THIS SITE ARE ACCURATE, THE CODECOMPLETE, COMPUTERS OR COMPUTER SYSTEMS RELATED TO THE APPLICATIONRELIABLE, THE COMMUNICATION OR CONNECTION TO THE APPLICATION, THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTEDCURRENT, OR ERROR-FREE. UNI-SELECT DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION THIS SITE IS FREE OF HARMFUL CODEFROM TYPOGRAPHICAL ERRORS OR OMISIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. SUBSCRIBER fully understands and agrees that (i) the Application is subject to errors, omissions, delays or interruptions; and (ii) COUNTY may modify or change the Application or Information in a manner that may impact or restrict SUBSCRIBER’s access. In any such event, the COUNTY will not be liable for the cost of such changes or damages which may be sustained by SUBSCRIBER. WITHOUT LIMITING THE FOREGOING, COUNTY UNI-SELECT DOES NOT REPRESENT OR WARRANT THE ACCURACYTHAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, COMPLETENESS, TIMELINESS OR THE CORRECT SEQUENCING OF THE INFORMATION OR THAT DEFECTS WILL BE CORRECTED. SUBSCRIBER fully understands and agrees that, except for COUNTY’s proprietary documents (i) the Information is provided by third-parties; (ii) COUNTY merely records and stores the Information; and (iii) COUNTY is not responsible for the content of the Information. SUBSCRIBER fully understands and agrees that the Information is subject to errors, omissions, delay or interruptions, including but not limited to (i) delays, errors or omissions in the receipt of the Information, (ii) changes, adjustments, corrections or modifications of the Information and (iii) that COUNTY may make modifications, changes and/or adjustments to the Information at any time and without notice to SUBSCRIBER. IN NO EVENT SHALL COUNTY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGES EVEN IF THE COUNTY HAS UNI-SELECT OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. COUNTY’S YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSES FROM OR THROUGH THIS SITE IS AT YOUR SOLE LIABILITY RISK. Uni-Select uses reasonable commercial efforts to ensure that the information contained on this website is accurate but does not in any way guarantee the currency, accuracy, completeness, non-infringement or authenticity of such information. All information contained on this website, including all stock price information, is provided for informational purposes only, and is not intended for trading or other purposes. Uni-Select assumes no responsibility with respect to the accuracy or completeness of any such information and is not liable or responsible in any way for any delays, inaccuracies or errors in any such information or in the transmission of any such information. Uni-Select, its subsidiaries, affiliates, contractors, agents and/or employees make no guarantees or warranties (whether express or implied) about this website or its contents including, without limitation, that the use of this website will be uninterrupted, error-free, stable or suitable for all users. Without limiting the generality of the foregoing, this includes implied warranties of merchantability, fitness for a particular purpose, expectation of privacy, or non-infringement. IN NO EVENT WILL UNI-SELECT, ITS SUBSIDIARIES, AFFILIATES AND SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DAMAGES RELATED TO THIS AGREEMENT WHATSOEVER, INCLUDING DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR FOR ANY BREACH SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS AGREEMENTWEBSITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS WEBSITE, INCLUDING BUT OR ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE WHETHER OR NOT LIMITED TO LIABILITY FOR APPLICATION OR INFORMATION NONPERFORMANCE, ERRORS OR OMISSIONS, SHALL BE LIMITED TO RESTORING OR CORRECTING CAUSED BY UNI-SELECT’S NEGLIGENCE AND EVEN IF UNISELECT HAS BEEN APPRISED OF THE APPLICATION OR INFORMATION AS IS REASONABLY POSSIBLE UNDER THE PERTINENT CIRCUMSTANCESLIKELIHOOD OF SUCH DAMAGES OCCURRING. SUBSCRIBER agrees The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of SUBSCRIBER, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of SUBSCRIBER to perform any obligation under this Agreementyou.

Disclaimers and Limitation of Liability. COUNTY IS PROVIDING THE APPLICATION AND INFORMATION ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON-INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE APPLICATION, THE CODE, COMPUTERS OR COMPUTER SYSTEMS RELATED TO THE APPLICATION, THE COMMUNICATION OR CONNECTION TO THE APPLICATION, THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION IS FREE OF HARMFUL CODE. SUBSCRIBER fully understands and agrees that (i) the Application is subject to errors, omissions, delays or interruptions; and (ii) COUNTY may modify or change the Application or Information in a manner that may impact or restrict SUBSCRIBERSUBSCRIBER ’s access. In any such event, the COUNTY will not be liable for the cost of such changes or damages which may be sustained by SUBSCRIBER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS OR THE CORRECT SEQUENCING OF THE INFORMATION OR THAT DEFECTS WILL BE CORRECTED. SUBSCRIBER fully understands and agrees that, except for COUNTY’s proprietary documents (i) the Information is provided by third-parties; (ii) COUNTY merely records and stores the Information; and (iii) COUNTY is not responsible for the content of the Information. SUBSCRIBER fully understands and agrees that the Information is subject to errors, omissions, delay or interruptions, including but not limited to (i) delays, errors or omissions in the receipt of the Information, (ii) changes, adjustments, corrections or modifications of the Information and (iii) that COUNTY may make modifications, changes and/or and/ or adjustments to the Information at any time and without notice to SUBSCRIBER. IN NO EVENT SHALL COUNTY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGES EVEN IF THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. COUNTY’S SOLE LIABILITY AND SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES RELATED TO THIS AGREEMENT OR FOR ANY BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LIABILITY FOR APPLICATION OR INFORMATION NONPERFORMANCE, ERRORS OR OMISSIONS, SHALL BE LIMITED TO RESTORING OR CORRECTING THE APPLICATION OR INFORMATION AS IS REASONABLY POSSIBLE UNDER THE PERTINENT CIRCUMSTANCES. SUBSCRIBER agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorneyattorney ’s fees, resulting directly or indirectly from any act or omission of SUBSCRIBER, a subcontractor, anyone directly or indirectly employed by them, and/or and/ or anyone for whose acts and/or and/ or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of SUBSCRIBER to perform any obligation under this Agreement.

Disclaimers and Limitation of Liability. COUNTY Use of the App is entirely at your own risk and you assume full responsibility and risk of loss resulting in whole or in part from the use of, viewing, access to, interpreting of, relying on or downloading of the App and/or any Beats Medical Content. We shall not be liable to you or to anyone else for any loss or damage caused in whole or in part by relying upon, using, or interpreting the content or other information obtained through the use of this App. We cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You are solely responsible for any damages to your Device or loss of data that results from the download or use of the App or the Subscription Services. BEATS MEDICAL IS PROVIDING NOT ENGAGED IN THE APPLICATION PRACTICE OF MEDICINE, DOES NOT PROVIDE MEDICAL OR HEALTHCARE SERVICES, AND INFORMATION ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVERNOT A HEALTHCARE PROVIDER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON-INFRINGEMENT, NO WARRANTY REGARDING NOTHING CONTAINED IN THE SUBSCRIPTION SERVICES OR RELATING TO THE USE OF THE INFORMATION APP IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS SEEK THE RESULTS THEREOF ADVICE OF YOUR QUALIFIED HEALTHCARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS THAT YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND NO ANY MEDICAL CONDITIONS. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDIAL ADVICE FROM YOUR DOCTOR OR OTHER WARRANTY QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ OR ACCESSED THROUGH OUR APP OR WEBSITE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CONTACT A DOCTOR IMMEDIATELY. OUR APP AND THE SUBSCRIPTION SERVICES PROVIDED THEREIN ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, BEATS MEDICAL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE APPLICATION, THE CODE, COMPUTERS OR COMPUTER SYSTEMS RELATED TO THE APPLICATION, THE COMMUNICATION OR CONNECTION TO THE APPLICATION, INCLUDING ANY WARRANTIES THAT THE APPLICATION WILL BE APP IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE FROM DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTEDBASIS, OR THAT THE APPLICATION IS FREE USE OF HARMFUL CODE. SUBSCRIBER fully understands and agrees that (i) the Application is subject to errors, omissions, delays or interruptions; and (ii) COUNTY may modify or change the Application or Information in a manner that may impact or restrict SUBSCRIBER’s access. In any such event, the COUNTY will not be liable for the cost of such changes or damages which may be sustained by SUBSCRIBER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS APP AND/OR THE CORRECT SEQUENCING SUBSCRIPTION SERVICES IS SECURE OR IN COMPLIANCE WITH LAWS OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APP WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED. BEATS MEDICAL NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE APP, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED BEATS MEDICAL EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITY (INCLUDING USER CONSENT POSTED BY OTHER USERS OF THE INFORMATION OR THAT DEFECTS WILL BE CORRECTEDAPP). SUBSCRIBER fully understands and agrees thatTO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, except for COUNTY’s proprietary documents (i) the Information is provided by third-parties; (ii) COUNTY merely records and stores the Information; and (iii) COUNTY is not responsible for the content of the Information. SUBSCRIBER fully understands and agrees that the Information is subject to errors, omissions, delay or interruptions, including but not limited to (i) delays, errors or omissions in the receipt of the Information, (ii) changes, adjustments, corrections or modifications of the Information and (iii) that COUNTY may make modifications, changes and/or adjustments to the Information at any time and without notice to SUBSCRIBER. IN NO EVENT SHALL COUNTY BEATS MEDICAL OR ITS AFFILIATES OR AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APP OR THE SUBSCRIPTION SERVICES AND/OR RELATED CONTENT (A) BE LIABLE TO YOU WITH RESPECT TO THE USE OF THE APP; AND/OR (B) BE LIABLE TO YOU FOR ACTUAL, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES OR FOR LOSS OF PROFITGOODWILL, LOSS LOST PROFITS, LOSS, THEFT OR CORRUPTION OF BUSINESS USER INFORMATION, THE INABILITY TO USE THE APP, OR DEVICE FAILURE OR MALFUNCTION. YOUR SOLE REMEDY IS TO CEASE USE OF THE APP AND SUBSCRIPTION SERVICES. BEATS MEDICAL, ITS AFFILIATES AND AGENTS, AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APP OR THE SUBSCRIPTION SERVICES SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGES EVEN IF THE COUNTY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. COUNTY’S SOLE LIABILITY AND SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES RELATED TO THIS AGREEMENT OR FOR ANY BREACH OF THIS AGREEMENTDAMAGES, INCLUDING BUT WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORK, TROJAN HORSE OR OTHER HARM. SOME JURISDICTIONS DO NOT LIMITED ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY PROVIDED ABOVE, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO LIABILITY FOR APPLICATION OR INFORMATION NONPERFORMANCECERTAIN USERS. In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, ERRORS OR OMISSIONSconsequential or other damages, SHALL BE LIMITED TO RESTORING OR CORRECTING THE APPLICATION OR INFORMATION AS IS REASONABLY POSSIBLE UNDER THE PERTINENT CIRCUMSTANCES. SUBSCRIBER agrees our TOTAL AGGREGATE liability to defend, indemnify, you for any cause whatsoever and hold harmless regardless of the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes form of the action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of SUBSCRIBER, a subcontractor, anyone directly or indirectly employed will at all times be limited to the Subscription Fees paid by them, and/or anyone for whose acts and/or omissions they may be liable you to us in the performance of the services required by this Agreement, and against all loss by reason of the failure of SUBSCRIBER to perform any obligation under this Agreement12 (twelve) months preceding your claim or claims.