Common use of Disclaimers and Limitations of Liability Clause in Contracts

Disclaimers and Limitations of Liability. EXCEPT AS EXPRESSLY STATED HEREIN, BEST BUY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO THE GIFT CARDS, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PURCHASER EXPRESSLY AGREES THAT USE OF THE GIFT CARDS IS AT PURCHASER’S SOLE RISK. THE GIFT CARDS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. PURCHASER AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST BUY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INVESTMENT OR OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S USE OF THE GIFT CARDS PURCHASED HEREUNDER, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUY, ITS AFFILIATES AND PARENT COMPANIES FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE RESULTING FROM ANY AND ALL CLAIMS RELATING TO THE GIFT CARDS. IF A COURT OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE FOR DAMAGES, SUCH DAMAGES SHALL BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER FOR THE GIFT CARDS. Best Buy will not be responsible for delays in delivery of Gift Cards due to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates only.

Disclaimers and Limitations of Liability. 10.1. THE SERVICE EXCHANGE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SLA CREDITS ARE YOUR SOLE MONETARY REMEDY AND OUR SOLE LIABILITY WITH RESPECT TO UNAVAILABILITY OR OTHER SLA PERFORMANCE ISSUES RELATING TO THE SERVICE EXCHANGE SERVICES. WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE EXCHANGE SERVICES, INCLUDING ANY WARRANTY THAT THE SERVICE EXCHANGE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR THAT ANY THIRD PARTY WILL CONTINUE TO SUPPORT CONNECTIVITY OR YOU. EXCEPT AS EXPRESSLY STATED HEREINTO THE EXTENT PROHIBITED BY LAW, BEST BUY EXPRESSLY DISCLAIMS ANY WE AND OUR AFFILIATES, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO THE GIFT CARDS, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-PURPOSE, NON- INFRINGEMENT. PURCHASER EXPRESSLY AGREES THAT USE OF THE GIFT CARDS IS AT PURCHASER’S SOLE RISK. THE GIFT CARDS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. PURCHASER AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST BUY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGESQUIET ENJOYMENT, INCLUDING BUT NOT LIMITED TO LOSS AND ANY WARRANTIES ARISING OUT OF PROFITS, REVENUE ANY COURSE OF DEALING OR GOODWILL, LOSS USAGE OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INVESTMENT OR OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S USE OF THE GIFT CARDS PURCHASED HEREUNDER, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUY, ITS AFFILIATES AND PARENT COMPANIES FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE RESULTING FROM ANY AND ALL CLAIMS RELATING TO THE GIFT CARDS. IF A COURT OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE FOR DAMAGES, SUCH DAMAGES SHALL BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER FOR THE GIFT CARDS. Best Buy will not be responsible for delays in delivery of Gift Cards due to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates onlyTRADE.

Disclaimers and Limitations of Liability. EXCEPT THE SERVICE AND THE CONTENT ARE PROVIDED TO YOU “AS EXPRESSLY STATED HEREIN, BEST BUY EXPRESSLY DISCLAIMS ANY IS,” “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO THE GIFT CARDSSTATUTORY OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, NON-INFRINGEMENT. PURCHASER EXPRESSLY AGREES , ANY WARRANTIES THAT USE MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE GIFT CARDS SERVICE IS AT PURCHASER’S SOLE RISK. THE GIFT CARDS CURRENT AND/OR UP-TO-DATE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. PURCHASER AGREES THAT HEREBY DISCLAIMED TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW BY THE COMPANY (INCLUDING ITS AFFILIATES, BEST BUY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS. THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICE, OR YOUR USE OF THE SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICE, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, AND YOUR RELIANCE THEREON. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE. NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER THE COMPANY NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGESOTHER INDIRECT DAMAGES (INCLUDING, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, ANY LOSS OF PROFITS, REVENUE LOST SAVINGS, OR GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INVESTMENT OR OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S USE OF THE GIFT CARDS PURCHASED HEREUNDER, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF DATA) UNDER ANY CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISEOTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICE, EVEN IF IT HAS AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR LIABILITIES. PURCHASER AFFIRMATIVELY RELEASES BEST BUYCOMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES AND PARENT COMPANIES FROM AND AGAINST ANY LOSSLICENSORS, LIABILITYSPONSORS, AGENTS, SUCCESSORS, OR DAMAGE RESULTING FROM ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY AND ALL CLAIMS RELATING LIABILITY TO THE GIFT CARDS. IF A COURT OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE YOU FOR ANY DAMAGES, SUCH DAMAGES SHALL BE LIMITED EXPENSES, OR OTHER LIABILITY INCURRED BY YOU (A) AS A RESULT OF ANY INACCURACY, INCOMPLETENESS, OR MISREPRESENTATION OF ANY INFORMATION, OFFER, CONTENT, OR SUBMISSIONS PROVIDED OR POSTED ON THE SERVICE BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION MEETING SPACE PROVIDERS, OR (B) ARISING FROM OR RELATED TO NO MORE THAN THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER FOR THE GIFT CARDS. Best Buy will not be responsible for delays in delivery of Gift Cards due to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates onlyANY THIRD PARTY CONTRACT.

Disclaimers and Limitations of Liability. EXCEPT THE APPLICATION IS PROVIDED “AS EXPRESSLY STATED HEREIN, BEST BUY EXPRESSLY DISCLAIMS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY AND ALL WARRANTIESKIND, EXPRESS OR IMPLIED, TO INCLUDING THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO THE GIFT CARDS, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, OR NON-INFRINGEMENT, WHICH WARRANTIES ARE HEREBY DISCLAIMED. PURCHASER EXPRESSLY AGREES YOU ACKNOWLEDGE THE APPLICATION MAY NOT MEET YOUR REQUIREMENTS, MAY NOT BE SECURE, THAT USE THE OPERATION OF THE GIFT CARDS APPLICATION MAY BE INTERRUPTED, THAT ERRORS MAY NOT BE CORRECTED, AND THAT THE APPLICATION MAY BE INCOMPATIBLE WITH CERTAIN INFORMATION SYSTEMS. COMPANY IS AT PURCHASER’S SOLE RISK. NOT RESPONSIBLE FOR ANY SOFTWARE INSTALLED OR USED BY YOU OR BY THIRD PARTY USERS OR FOR THE GIFT CARDS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO ADVICE OPERATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME PERFORMANCE OF THE ABOVE EXCLUSIONS MAY NOT APPLYINTERNET. PURCHASER AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST BUY WILL NOT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGESDAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE TRANSMISSION OF MALICIOUS PROGRAMS OR GOODWILLCODE, LOSS OF DATA, BUSINESS OPPORTUNITYINTERRUPTION, LOSS OF BUSINESS INVESTMENT OR ANY OTHER SUCH COMMERCIAL DAMAGES ATTRIBUTABLE OR LOSSES ARISING FROM OR RELATED TO PURCHASER’S YOUR USE OR INABILITY TO USE THE APPLICATION (INCLUDING ANY SUPPORT SERVICES), REGARDLESS OF THE GIFT CARDS PURCHASED HEREUNDER, HOWEVER CAUSED, WHETHER FOR BREACH THEORY OF WARRANTY, BREACH OF LIABILITY (CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCETORT, OR OTHERWISE, ) AND EVEN IF IT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUY, ITS AFFILIATES AND PARENT COMPANIES FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE RESULTING FROM IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES EXCEED THE LESSER OF (I) THE AMOUNT OF THE LICENSE FEES PAID FOR THE APPLICATION OR (II) $100.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. ANY AND ALL CAUSES OF ACTION OR CLAIMS YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO THE GIFT CARDS. IF A COURT APPLICATION MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE FOR DAMAGESACTION ACCRUES; OTHERWISE, SUCH DAMAGES SHALL BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER FOR THE GIFT CARDS. Best Buy will not be responsible for delays in delivery of Gift Cards due to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates onlyCAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Disclaimers and Limitations of Liability. EXCEPT AS EXPRESSLY STATED HEREINFOR A BREACH OF CONFIDENTIALITY OBLIGATIONS, BEST BUY EXPRESSLY DISCLAIMS IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR LOST PROFITS OR REVENUE, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, CONSEQUENTIAL, RELIANCE, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ALL WARRANTIESUNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, EXPRESS TORT (INCLUDING NEGLIGENCE), OR IMPLIED, OTHERWISE. EXCEPT FOR ANY UNAUTHORIZED USE OR EXPLOITATION BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY OR A FAILURE TO THE FULLEST EXTENT PERMITTED BY LAWCOMPLY WITH CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT, WITH RESPECT TO EACH RESELLER UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER OF NETSUITE’S, NETSUITE KK’S, OR THE GIFT CARDSRESELLER’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNTS PAID BY THE PARTICULAR RESELLER TO NETSUITE AND NETSUITE KK UNDER THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, INCLUDING (WITHOUT LIMITATION) NETSUITE AND NETSUITE KK SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY WARRANTY OF MERCHANTABILITYFAILURE TO COMPLETE DEVELOPMENT IF NETSUITE USED ITS COMMERCIALLY REASONABLE EFFORTS TO PERFORM THE DEVELOPMENT TO THE EXTENT REQUIRED IN THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FITNESS FOR NETSUITE AND NETSUITE KK SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO THE COMPANY DUE TO ANY DIFFERENCES BETWEEN THIS AGREEMENT AND THE DEVELOPMENT FUND AGREEMENT TO WHICH TRANSCOSMOS, INC. IS A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PURCHASER EXPRESSLY AGREES THAT USE OF THE GIFT CARDS IS AT PURCHASER’S SOLE RISKPARTY. THE GIFT CARDS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. PURCHASER AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST BUY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INVESTMENT OR OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S USE OF THE GIFT CARDS PURCHASED HEREUNDER, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE, OR OTHERWISE, EVEN IF IT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUY, ITS AFFILIATES DAMAGES AND PARENT COMPANIES FROM AND AGAINST NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LOSS, LIABILITY, OR DAMAGE RESULTING FROM ANY AND ALL CLAIMS RELATING TO THE GIFT CARDS. IF A COURT OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE FOR DAMAGES, SUCH DAMAGES SHALL BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER FOR THE GIFT CARDS. Best Buy will not be responsible for delays in delivery of Gift Cards due to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates onlyREMEDY STATED HEREIN.

Disclaimers and Limitations of Liability. EXCEPT YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE, THE CREDIT REPORTS, AND CONTENT IS AT YOUR SOLE RISK. ALL CREDIT REPORTS (AND THE INFORMATION CONTAINED THEREIN) ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. CREDCO, FAMS AND THEIR SUPPLIERS EXPRESSLY STATED HEREIN, BEST BUY EXPRESSLY DISCLAIMS ANY AND DISCLAIM ALL WARRANTIES, GUARANTEES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, TO INCLUDING BUT NOT LIMITED TO, THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO THE GIFT CARDS, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THIS WEB SITE, OR THE CREDIT REPORTS DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. CREDCO, FAMS AND NONTHEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION THAT (I) THE CREDIT REPORTS (AND THE INFORMATION CONTAINED THEREIN) ARE ACCURATE, COMPLETE OR VALID, (II) THE CREDIT REPORTS WILL BE DELIVERED IN A TIMELY FASHION, (III) THE CREDIT REPORTS WILL BE DELIVERED ON AN UNINTERRUPTED BASIS OR BE ERROR-INFRINGEMENT. PURCHASER EXPRESSLY AGREES FREE; AND (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GIFT CARDS IS AT PURCHASER’S SOLE RISKCREDIT REPORTS WILL BE RELIABLE. THE GIFT CARDS ARE PROVIDED ON AN "AS IS" YOU UNDERSTAND AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATIONAGREE THAT CREDCO, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. PURCHASER AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST BUY FAMS AND THEIR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGESEXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INVESTMENT OR OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S USE OF THE GIFT CARDS PURCHASED HEREUNDER, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCEUSE, OR OTHERWISEINABILITY TO USE THE WEBSITE, OR THE CREDIT REPORTS, EVEN IF IT HAS CREDCO, FAMS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH THOSE DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUYSOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, ITS AFFILIATES AND PARENT COMPANIES FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE RESULTING FROM ANY AND ALL CLAIMS RELATING THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE GIFT CARDSMAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF A COURT IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON CREDCO OR FAMS, THEN YOU AGREE THAT CREDCO’S AND FAMS’S TOTAL LIABILITY TO YOU FOR ANY OR ALL OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE FOR DAMAGESYOUR LOSSES OR INJURIES FROM FAMS’S OR CREDCO’S ACTS OR OMISSIONS, SUCH DAMAGES REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL BE LIMITED TO NO MORE THAN NOT EXCEED THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER PAID BY YOU FOR THE GIFT CARDSCREDIT REPORT TO WHICH YOUR CLAIM RELATES. Best Buy NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT FAMS/Credco offers access to your Credit Report and other credit information. Neither FAMS nor Credco are credit repair organizations, and are not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. You acknowledge and agree that you are not seeking to purchase, use or access any of the Credit Reports, the Website or content in order to do so. Accurate adverse information in your Credit Report cannot be changed. If you believe that your Credit Report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant Repository, and follow the appropriate procedures for notifying the Repository that you believe that your Credit Report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various Repositories related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free. These terms and conditions, the Privacy Policy, and other policies Credco/FAMS may post to this Website, constitute the entire agreement between Credco/FAMS and you in connection with your use of the Credit Reports, and supersede any prior versions of the terms and conditions, if applicable. Credco/FAMS may update these terms and conditions from time to time by posting revised terms and conditions on this Web Site, without notice to you, and your subsequent use of the Web Site is governed by those new terms and conditions. The terms and conditions are effective until terminated by Credco and/or FAMS. In the event of termination, the Disclaimers and Limitations of Liability provisions set forth in these Terms and Conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in this Website, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not be responsible affect the validity and enforceability of the remaining provisions. The section headings are for delays convenience only and do not have any force or effect. Privacy Policy Notice Credco’s/FAMS’s policy on how your personal information is used and disclosed is contained in delivery Credco’s/FAM’s Privacy Policy. The Credit Reports provided under these Terms and Conditions are web-based and you agree to accept this notification, revisions, and the provision of Gift Cards due to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agencyan annual notice electronically through this Website. Any shipping dates or completion dates provided by Best Buy are estimates only.LEGAL NOTICE

Disclaimers and Limitations of Liability. EXCEPT AS EXPRESSLY STATED HEREIN, BEST BUY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO THE GIFT CARDS, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PURCHASER EXPRESSLY USER AGREES THAT THE USE OF THE GIFT CARDS APP OR SITE, ANY DRAFTCATS WEB SITE, AND ANY SOFTWARE OBTAINED THROUGH OR IN CONNECTION WITH THE APP OR SITE SITE (“SOFTWARE”) IS AT PURCHASERTHE USER’S SOLE RISK. NEITHER DRAFTCATS, ITS CONTENT PROVIDERS NOR ANY OF THEIR RESPECTIVE MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE GIFT CARDS APP OR SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SOFTWARE WILL BE ERROR- FREE. NEITHER DRAFTCATS NOR ANY OF THE FOREGOING PERSONS MAKES ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE APP OR SITE. THE APP OR SITE AND USE OF ANY SOFTWARE ARE PROVIDED ON AN "“AS IS" AND "AS AVAILABLE" ” BASIS. NO ADVICE , WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. PURCHASER AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST BUY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGESIMPLIED, INCLUDING BUT NOT LIMITED TO LOSS IMPLIED WARRANTIES OF PROFITSMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DRAFTCATS HEREBY EXPRESSLY DISCLAIMS, REVENUE ON ITS OWN BEHALF AND ON BEHALF OF ITS CONTENT PROVIDERS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSIONS, RESTRICTION OR GOODWILLMODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE USER’S SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, LOSS OF BUSINESS OPPORTUNITYERROR, LOSS OF BUSINESS INVESTMENT OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER SUCH CAUSE, SHALL BE TO TERMINATE THE USER ACCOUNT. IN NO EVENT WILL COMPANY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE APP OR SITE OR ANY SOFTWARE OR CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO PURCHASER’S ARISING OUT OF THE USE OF OR INABILITY TO USE THE GIFT CARDS PURCHASED HEREUNDERAPP OR SITE, HOWEVER CAUSEDSOFTWARE, WHETHER FOR OR CONTENT OR OUT OF THE BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE, ANY WARRANTY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUY, ITS AFFILIATES AND PARENT COMPANIES FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE RESULTING FROM ANY AND ALL CLAIMS RELATING TO THE GIFT CARDS. IF A COURT OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE FOR DAMAGES, SUCH DAMAGES SHALL BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER FOR THE GIFT CARDS. Best Buy will not be responsible for delays in delivery of Gift Cards due to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates onlyOTHER CAUSE.

Disclaimers and Limitations of Liability. EXCEPT THIS PROGRAM AND ANY APPSTORE MATERIALS ARE PROVIDED “AS EXPRESSLY STATED HEREINIS.” WE WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA OR CONTENT, BEST BUY EXPRESSLY DISCLAIMS LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR LIABILITY HEREUNDER EXCEED THE AMOUNT OF FEES DUE AND PAYABLE TO DEVELOPER UNDER THIS AGREEMENT FOR THE FULLEST EXTENT PERMITTED BY LAWTWELVE-MONTH PERIOD PRECEDING SUCH CLAIM. WE SPECIFICALLY DISCLAIM, WITH RESPECT TO THE GIFT CARDSALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT OR THIS PROGRAM OR APPSTORE MATERIALS, ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. PURCHASER EXPRESSLY AGREES YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT ENSURE THAT CONTENT SUBMITTED BY OR ON BEHALF OF YOU WILL BE PROTECTED FROM THEFT OR MISUSE, AND WE WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY SECURITY TECHNOLOGY OR PROCEDURE OR OF ANY END USER TO COMPLY WITH ANY TERMS OF USE OF THE GIFT CARDS IS AT PURCHASER’S SOLE RISK. THE GIFT CARDS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. PURCHASER AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST BUY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INVESTMENT OR OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S USE OF THE GIFT CARDS PURCHASED HEREUNDER, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE, REGARDING THIS PROGRAM OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUY, ITS AFFILIATES AND PARENT COMPANIES FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE RESULTING FROM ANY AND ALL CLAIMS RELATING TO THE GIFT CARDS. IF A COURT OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE FOR DAMAGES, SUCH DAMAGES SHALL BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER FOR THE GIFT CARDS. Best Buy will not be responsible for delays in delivery of Gift Cards due to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates only.

Disclaimers and Limitations of Liability. EXCEPT AS EXPRESSLY STATED HEREIN, BEST BUY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, The limited remedies described herein are the sole and exclusive remedy and Seller’s sole responsibility under this Limited Warranty. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO THE GIFT CARDSAND EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, INCLUDING SELLER MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION) , ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE, OR NON-INFRINGEMENT. PURCHASER EXPRESSLY AGREES THAT USE OF THE GIFT CARDS IS AT PURCHASER’S SOLE RISK. THE GIFT CARDS ARE PROVIDED ON AN "AS IS" , AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREINARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS AND LIMITATIONS. IN SUCH AN EVENT, SUCH EXCLUSION AND LIMITATION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND THE DURATION OF CERTAIN WARRANTIES, SO SOME ANY IMPLIED WARRANTIES WILL BE LIMITED TO THE DURATION OF THE ABOVE EXCLUSIONS MAY NOT APPLYTHIS LIMITED WARRANTY. PURCHASER AGREES THAT TO THE FULLEST EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, BEST BUY IN NO EVENT WILL NOT SELLER, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS BE LIABLE FOR ANY INDIRECTSPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE OR GOODWILLINTERRUPTION, LOSS OF BUSINESS OPPORTUNITYDATA, LOSS OF BUSINESS INVESTMENT OR ANY OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S USE OF THE GIFT CARDS PURCHASED HEREUNDERPECUNIARY LOSS), HOWEVER CAUSEDARISING OUT OF, WHETHER FOR BREACH OF BASED ON, OR RESULTING FROM THIS LIMITED WARRANTY, BREACH OF CONTRACTOR THE USE OF, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCEMISUSE OF, OR OTHERWISEINABILITY TO USE THE GOODS, EVEN IF IT HAS SELLER (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUYDAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES), AND SELLER’S (AND ITS AFFILIATES AFFILIATES’ AND PARENT COMPANIES FROM ITS AND AGAINST ANY LOSSTHEIR OFFICERS’, LIABILITYDIRECTORS’, EMPLOYEES’, AGENTS’, CONTRACTORS’, SUPPLIERS’, AND LICENSORS’) TOTAL CUMULATIVE LIABILITY ARISING OUT OF, BASED ON, OR DAMAGE RESULTING FROM ANY AND ALL CLAIMS RELATING THIS LIMITED WARRANTY OR THE GOODS IS LIMITED TO THE GIFT CARDS. IF A COURT OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE FOR DAMAGES, SUCH DAMAGES SHALL BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER ACTUALLY PAID FOR THE GIFT CARDS. Best Buy will not be responsible for delays in delivery of Gift Cards due to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates onlyGOODS BY THE BUYER.

Disclaimers and Limitations of Liability. EXCEPT ACLEA accepts no responsibility for the opinions and information posted on the Listservs by others. YOU ACKNOWLEDGE THAT THE LISTSERVS ARE PROVIDED TO YOU ON AN "AS EXPRESSLY STATED HEREINIS, BEST BUY WITH ALL FAULTS" BASIS. ACLEA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR WHETHER EXPRESS, ORAL, IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO THE GIFT CARDSSTATUTORY OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IM- PLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND NON-INFRINGEMENT. PURCHASER EXPRESSLY AGREES THAT USE ANY IMPLIED WARRANTIES OF THE GIFT CARDS IS AT PURCHASER’S SOLE RISK. THE GIFT CARDS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO ADVICE TITLE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREINNONINFRINGEMENT. SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION EXCLUSIONS OF CERTAIN IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE EXCLUSIONS LIMITATIONS MAY NOT APPLYAPPLY TO YOU. PURCHASER AGREES ACLEA SHALL NOT BE LI- ABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF OR PARTICIPATION IN THE LISTSERVS OR ITS CONTENT. YOU ALSO AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST BUY WILL ACLEA SHALL NOT IN ANY EVENT BE LIABLE FOR ANY INDIRECTSPECIAL, INCIDENTAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS CON- SEQUENTIAL DAMAGES ARISING OUT OF PROFITS, REVENUE OR GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INVESTMENT OR OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S THE USE OF OR INABILITY TO USE THE GIFT CARDS PURCHASED HEREUNDER, HOWEVER CAUSED, WHETHER LISTSERVS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE, OR OTHERWISEANY PUR- POSE WHATSOEVER, EVEN IF IT ACLEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUYNOTWITH- STANDING THE ABOVE PROVISIONS, ITS AFFILIATES AND PARENT COMPANIES FROM AND AGAINST IF THERE SHALL AT ANY LOSSTIME BE OR ARISE ANY LIABILITY ON THE PART OF ACLEA BY VIRTUE OF THIS AGREEMENT OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, LIABILITY, OR DAMAGE RESULTING FROM ANY AND ALL CLAIMS RELATING WHETHER DUE TO THE GIFT CARDS. IF A COURT NEGLIGENCE OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE FOR DAMAGESACLEA OR OTHERWISE, SUCH DAMAGES LIABILITY IS AND SHALL BE LIMITED TO $100.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLU- SIVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT ACLEA WILL USE REASONABLE EFFORTS TO ASSURE THAT NO MORE THAN VI- RUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER LISTSERVS. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD ACLEA HARMLESS) FOR DETECT- ING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIP- MENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS. THE GIFT CARDS. Best Buy will not be responsible for delays in delivery of Gift Cards due to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates onlyPROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Disclaimers and Limitations of Liability. EXCEPT AS EXPRESSLY STATED HEREINFOR A BREACH OF CONFIDENTIALITY OBLIGATIONS, BEST BUY EXPRESSLY DISCLAIMS IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR LOST PROFITS OR REVENUE, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, CONSEQUENTIAL, RELIANCE, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ALL WARRANTIESUNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, EXPRESS TORT (INCLUDING NEGLIGENCE), OR IMPLIED, OTHERWISE. EXCEPT FOR ANY UNAUTHORIZED USE OR EXPLOITATION BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY OR A FAILURE TO THE FULLEST EXTENT PERMITTED BY LAWCOMPLY WITH CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT, WITH RESPECT TO EACH RESELLER UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER OF NETSUITE’S OR THE GIFT CARDS, INCLUDING (WITHOUT LIMITATION) RESELLER’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNTS PAID BY THE PARTICULAR RESELLER TO NETSUITE UNDER THIS AGREEMENT. NETSUITE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PURCHASER EXPRESSLY AGREES THAT USE OF FAILURE TO COMPLETE DEVELOPMENT IF NETSUITE USED ITS COMMERCIALLY REASONABLE EFFORTS TO PERFORM THE GIFT CARDS IS AT PURCHASER’S SOLE RISKDEVELOPMENT TO THE EXTENT REQUIRED IN THIS AGREEMENT. THE GIFT CARDS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. PURCHASER AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST BUY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INVESTMENT OR OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S USE OF THE GIFT CARDS PURCHASED HEREUNDER, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE, OR OTHERWISE, EVEN IF IT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUY, ITS AFFILIATES DAMAGES AND PARENT COMPANIES FROM AND AGAINST NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LOSS, LIABILITY, OR DAMAGE RESULTING FROM ANY AND ALL CLAIMS RELATING TO THE GIFT CARDS. IF A COURT OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE FOR DAMAGES, SUCH DAMAGES SHALL BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER FOR THE GIFT CARDS. Best Buy will not be responsible for delays in delivery of Gift Cards due to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates onlyREMEDY STATED HEREIN.

Disclaimers and Limitations of Liability. EXCEPT AS EXPRESSLY STATED HEREINCOUNTY, BEST BUY EXPRESSLY DISCLAIMS BY AND THROUGH PICTOMETRY AND/OR XXXXXXX, IS PROVIDING THE SYSTEM AND DELIVERED CONTENT 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 AND ALL WARRANTIESKIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE SYSTEM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS TO THE FULLEST EXTENT PERMITTED BY LAWSYSTEM, WITH RESPECT TO THAT THE GIFT CARDSSYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PURCHASER EXPRESSLY AGREES THAT USE OF THE GIFT CARDS IS AT PURCHASER’S SOLE RISK. THE GIFT CARDS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. PURCHASER AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST BUY DEFECTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTALCORRECTED, OR CONSEQUENTIAL DAMAGESTHAT THE SYSTEM IS FREE OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITSomissions, REVENUE OR GOODWILLdelays or interruptions; and (ii) COUNTY, LOSS OF BUSINESS OPPORTUNITYby and through Pictometry and/or Xxxxxxx, LOSS OF BUSINESS INVESTMENT OR OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S USE OF THE GIFT CARDS PURCHASED HEREUNDERmay modify or change the System in a manner that may impact or restrict USER’s access. In any such event, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUY, ITS AFFILIATES AND PARENT COMPANIES FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE RESULTING FROM ANY AND ALL CLAIMS RELATING TO THE GIFT CARDS. IF A COURT OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE FOR DAMAGES, SUCH DAMAGES SHALL BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER FOR THE GIFT CARDS. Best Buy the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for delays in delivery of Gift Cards due the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to circumstances beyond its reasonable control includingerrors, omissions, delay or interruptions, including but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates only.

Disclaimers and Limitations of Liability. EXCEPT CAA accepts no responsibility for the opinions and information posted on the Listservs by others. YOU ACKNOWLEDGE THAT THE LISTSERVS ARE PROVIDED TO YOU ON AN "AS EXPRESSLY STATED HEREINIS, BEST BUY WITH ALL FAULTS" BASIS. CAA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR WHETHER EXPRESS, ORAL, IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO THE GIFT CARDSSTATUTORY OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. PURCHASER EXPRESSLY AGREES THAT USE OF THE GIFT CARDS IS AT PURCHASER’S SOLE RISK. THE GIFT CARDS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION EXCLUSIONS OF CERTAIN IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE EXCLUSIONS LIMITATIONS MAY NOT APPLYAPPLY TO YOU. PURCHASER AGREES CAA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF OR PARTICIPATION IN THE LISTSERVS OR ITS CONTENT. YOU ALSO AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST BUY WILL CAA SHALL NOT IN ANY EVENT BE LIABLE FOR ANY INDIRECTSPECIAL, INCIDENTAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS DAMAGES ARISING OUT OF PROFITS, REVENUE OR GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INVESTMENT OR OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S THE USE OF OR INABILITY TO USE THE GIFT CARDS PURCHASED HEREUNDER, HOWEVER CAUSED, WHETHER LISTSERVS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE, OR OTHERWISEANY PURPOSE WHATSOEVER, EVEN IF IT CAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUYNOTWITHSTANDING THE ABOVE PROVISIONS, ITS AFFILIATES AND PARENT COMPANIES FROM AND AGAINST IF THERE SHALL AT ANY LOSSTIME BE OR ARISE ANY LIABILITY ON THE PART OF CAA BY VIRTUE OF THIS AGREEMENT OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, LIABILITY, OR DAMAGE RESULTING FROM ANY AND ALL CLAIMS RELATING WHETHER DUE TO THE GIFT CARDS. IF A COURT NEGLIGENCE OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE FOR DAMAGESCAA OR OTHERWISE, SUCH DAMAGES LIABILITY IS AND SHALL BE LIMITED TO $100.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT CAA WILL USE REASONABLE EFFORTS TO ASSURE THAT NO MORE THAN VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER LISTSERVS. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD CAA HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS. THE GIFT CARDS. Best Buy will not be responsible for delays in delivery of Gift Cards due to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates onlyPROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Disclaimers and Limitations of Liability. EXCEPT AS EXPRESSLY STATED HEREINThis Site may include technical inaccuracies or other errors, BEST BUY EXPRESSLY DISCLAIMS ANY and your use and browsing of this Site is at your risk. THIS SITE AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO THE GIFT CARDS, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PURCHASER EXPRESSLY AGREES THAT USE OF THE GIFT CARDS IS AT PURCHASER’S SOLE RISK. THE GIFT CARDS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PUL DOES NOT WARRANT THAT THIS SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE, CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, PUL DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AVAILABLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND PUL IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. YOUR USE OF THIS SITE AND THE CONTENT IS AT YOUR OWN RISK. IF YOUR USE OF THIS SITE OR THE CONTENT CONTAINED ON THIS SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, YOU ARE SOLELY RESPONSIBLE THEREFOR AND PUL WILL NOT BE LIABLE FOR THOSE COSTS. NO ADVICE ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER YOU FROM BEST BUY US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. WITHOUT LIMITING THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME GENERALITY OF THE ABOVE EXCLUSIONS MAY NOT APPLY. PURCHASER AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWFOREGOING, BEST BUY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGESUNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INVESTMENT OR OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S USE OF THE GIFT CARDS PURCHASED HEREUNDER, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, TORT OR NEGLIGENCE, WILL PUL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR OTHERWISECONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUYTHE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS SITE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ITS AFFILIATES AND PARENT COMPANIES FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE RESULTING FROM ANY AND ALL CLAIMS RELATING THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO THE GIFT CARDSYOU. IF A COURT OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS IN NO EVENT SHALL PUL BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL PUL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, SUCH DAMAGES SHALL BE LIMITED LOSSES AND CAUSES OF ACTION (IF ANY) EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO NO MORE THAN US FOR YOUR USE OF THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER SITE OR FOR ANY OF YOUR ACTIVITIES ON THE GIFT CARDSSITE. Best Buy will not be responsible for delays in delivery Residents of Gift Cards due California are entitled to circumstances beyond its reasonable control includingthe following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 000 X Xx., but not limited toXxxxx 0000, acts of GodXxxxxxxxxx, military operationXxxxxxxxxx, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions00000, or acts by telephone at 000.000.0000. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or laws suspect to exist in his favor at the time of any government or agency. Any shipping dates or completion dates provided executing the release, which if known by Best Buy are estimates onlyhim must have materially affected his settlement with the debtor."

Disclaimers and Limitations of Liability. EXCEPT AS EXPRESSLY STATED HEREINSPECIFIED IN THIS SECTION, BEST BUY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIEDIMPLIED CONDITIONS, TO THE FULLEST EXTENT PERMITTED BY LAWREPRESENTATIONS, WITH RESPECT TO THE GIFT CARDSAND WARRANTIES INCLUDING, INCLUDING (WITHOUT LIMITATION) , ANY WARRANTY IMPLIED WARRANTIES OR CONDTIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose. YOU MAY NOT BE ABLE TO USE LOCATION BASED EMERGENCY PRODUCTS, SUCH AS “911,” USING THE PRODUCTS. WE HAVE NO LIABILITY FOR DAMAGES OR INJURIES, OF ANY TYPE, THAT YOU, EMPLOYEES, AGENTS OR AFFILIATES SUSTAIN BASED ON THE FACT THAT LOCATION BASED PRODUCTS ARE UNAVAILBLE. YOU AGREE DO INDEMNIFY AND NONHOLD US HARMLESS BASED ON THIRD PARTY CLAIMS BASED IN WHOLE OR IN PART ON THEIR INABILITY TO USE A LOCATION BASED SERVICE. PRODUCTS AND SERVICES PURCHASED THROUGH US ARE SOLD AS-INFRINGEMENTIS. PURCHASER EXPRESSLY AGREES TO THE EXTENT THAT USE OF THE GIFT CARDS IS AT PURCHASER’S SOLE RISK. THE GIFT CARDS ARE PROVIDED ON AN "AS IS" THESE PRODUCTS AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN SERVICES HAVE WARRANTIES, SO SOME OF YOU AGREE TO LOOK TO THE ABOVE EXCLUSIONS MANUFACTURER OR SUPPLIER FOR ALL CLAIMS. WARRANTIES MADE BY THESE MANUFACTURERS AND SUPPLIERS MAY NOT APPLYBE PASSED THROUGH TO YOU, AND WE EXPRESSLY DISCLAIM ANY OBLIGATION TO AFFECT SUCH A PASS THROUGH SHOULD ONE BE POSSIBLE. PURCHASER AGREES THAT IN NO EVENT WILL SUPERB’S LIABILITY HEREUNDER EXCEED THE AGGREGAGE FEES ACTUALLY RECEIVED BY SUPERB FROM CUSTOMER FOR THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM SUPERB SHALL BE INTERPRETED TO INCLUDE SUPERB’S EMPLOYEE’S, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO CUSTOMER THROUGH SUPERB. YOU AGREE THAT, TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEST BUY YOU WILL NOT BE UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD SUPERB OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGESPUNITIVE DAMAGES WHATSOEVER INCLUDING, INCLUDING BUT NOT LIMITED TO TO, DAMAGES FOR LOSS OF PROFITS, REVENUE COST SAVINGS, REVENUE, BUSINESS, DATA OR GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INVESTMENT OR OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S USE OF THE GIFT CARDS PURCHASED HEREUNDER, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCEUSE, OR OTHERWISEANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF IT SUPERB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUY, ITS AFFILIATES AND PARENT COMPANIES FROM AND AGAINST ANY LOSS, LIABILITY, SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR DAMAGE RESULTING FROM ANY AND ALL CLAIMS RELATING TO THE GIFT CARDS. IF A COURT EXCLUSION OF COMPETENT JURISDICTION FINDS LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT BEST BUY IS LIABLE FOR DAMAGES, SUCH DAMAGES SHALL IN THOSE JURISDICTIONS SUPERB’S LIABILITY WILL BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER FOR THE GIFT CARDS. Best Buy will not be responsible for delays in delivery of Gift Cards due to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates onlyEXTENT PERMITTED BY LAW.

Disclaimers and Limitations of Liability. EXCEPT THE SOFTWARE AND ASSOCIATED SERVICES ARE PROVIDED “AS EXPRESSLY STATED HEREIN, BEST BUY EXPRESSLY IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. CHIROFUSION SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, WARRANTIES EXPRESS OR IMPLIEDIMPLIED INCLUDING, TO THE FULLEST EXTENT PERMITTED BY LAWBUT NOT LIMITED TO, WITH RESPECT TO THE GIFT CARDSIMPLIED WARRANTIES OF TITLE, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PURCHASER EXPRESSLY AGREES THAT WITH RESPECT TO THE SOFTWARE, OPERATION OF THE SOFTWARE, ANY PARTICULAR APPLICATION OR USE OF THE GIFT CARDS IS AT PURCHASER’S SOLE RISKSOFTWARE, AND THE SERVICES PROVIDED BY CHIROFUSION. CHIROFUSION MAKES NO WARRANTY (I) THAT THE GIFT CARDS ARE PROVIDED ON AN "AS IS" SOFTWARE AND "AS AVAILABLE" BASISASSOCIATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS FREE; OR (II) REGARDING ANY THIRD PARTY SOFTWARE, SERVICES, WEBSITES OR TOOLS INCORPORATED INTO THE SOFTWARE. IN NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY EVENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. PURCHASER AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST BUY WILL NOT CHIROFUSION BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED LOSSES, COSTS OR LIABILITIES ASSOCIATED WITH (I) CHIROFUSION’S INABILITY TO LOSS OF PROFITS, REVENUE PERFORM ANY OR GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INVESTMENT OR OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S USE ALL OF THE GIFT CARDS PURCHASED HEREUNDERSERVICES DUE TO IMPROPERLY FORMATTED OR CORRUPT FILES, HOWEVER CAUSEDVIRUSES OR INCOMPATIBILITY; (II) HUMAN OR MACHINE ERRORS, WHETHER FOR BREACH OMISSIONS, LOSSES OF WARRANTYSUBSCRIBER DATA, BREACH DELAYS IN TRANSMISSION OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUY, ITS AFFILIATES AND PARENT COMPANIES FROM AND AGAINST ANY LOSS, LIABILITYCLAIMS, OR DAMAGE RESULTING FROM TO SUBSCRIBER DATA OR MEDIA; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY AND ALL CLAIMS RELATING SUBSCRIBER DATA, ELECTRONIC TRANSMISSIONS OR TRANSACTIONS INITIATED, RECEIVED BY OR THROUGH THE SOFTWARE; (IV) ANY THIRD PARTY SOFTWARE, WHETHER OR NOT SUCH THIRD PARTY SOFTWARE IS INCORPORATED INTO THE SOFTWARE OR SOLD TO SUBSCRIBER BY CHIROFUSION; OR (V) ANY “HYPERLINKS” TO THIRD PARTY SITES THAT ARE PROVIDED WITHIN THE GIFT CARDSSOFTWARE. IF A COURT OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE FOR DAMAGESTo the extent not prohibited by applicable law, SUCH DAMAGES SHALL BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER FOR THE GIFT CARDS. Best Buy will not be responsible for delays in delivery of Gift Cards due to circumstances beyond its reasonable control includingunder no circumstances, including but not limited toto negligence, acts of Godshall we, military operationour subsidiaries, catastrophic events directly related affiliates or licensors, be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages that arise from the use, inability to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptionsuse, or acts the results of use of the Software, our services or laws any part of any government our site. In no event shall our total liability to you for all damages, losses, and causes of action, whether in contract, tort, or agency. Any shipping dates or completion dates provided by Best Buy are estimates onlyotherwise, including but not limited to negligence, exceed one hundred dollars ($100).

Disclaimers and Limitations of Liability. EXCEPT AS EXPRESSLY STATED HEREIN, BEST BUY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, The limited remedies described herein are the sole and exclusive remedy and Seller’s sole responsibility under this Limited Warranty. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO THE GIFT CARDSAND EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, INCLUDING SELLER MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION) , ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE, OR NON-INFRINGEMENT. PURCHASER EXPRESSLY AGREES THAT USE OF THE GIFT CARDS IS AT PURCHASER’S SOLE RISK. THE GIFT CARDS ARE PROVIDED ON AN "AS IS" , AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREINARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS AND LIMITATIONS. IN SUCH AN EVENT, SUCH EXCLUSION AND LIMITATION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND THE DURATION OF CERTAIN WARRANTIES, SO SOME ANY IMPLIED WARRANTIES WILL BE LIMITED TO THE DURATION OF THE ABOVE EXCLUSIONS MAY NOT APPLYTHIS LIMITED WARRANTY. PURCHASER AGREES THAT TO THE FULLEST EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, BEST BUY IN NO EVENT WILL NOT SELLER, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS BE LIABLE FOR ANY INDIRECTSPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES FOR LOSS OF PROFITS, REVENUE OR GOODWILLINTERRUPTION, LOSS OF BUSINESS OPPORTUNITYDATA, LOSS OF BUSINESS INVESTMENT OR ANY OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S USE OF THE GIFT CARDS PURCHASED HEREUNDERPECUNIARY LOSS), HOWEVER CAUSEDARISING OUT OF, WHETHER FOR BREACH OF BASED ON, OR RESULTING FROM THIS LIMITED WARRANTY, BREACH OF CONTRACTOR THE USE OF, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCEMISUSE OF, OR OTHERWISEINABILITY TO USE THE GOODS, EVEN IF IT HAS SELLER (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUYDAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES), AND SELLER’S (AND ITS AFFILIATES AFFILIATES’ AND PARENT COMPANIES FROM ITS AND AGAINST ANY LOSSTHEIR OFFICERS’, LIABILITYDIRECTORS’, EMPLOYEES’, AGENTS’, CONTRACTORS’, SUPPLIERS’, AND LICENSORS’) TOTAL CUMULATIVE LIABILITY ARISING OUT OF, BASED ON, OR DAMAGE RESULTING FROM ANY AND ALL CLAIMS RELATING THIS LIMITED WARRANTY OR THE GOODS IS LIMITED TO THE GIFT CARDS. IF A COURT OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE FOR DAMAGES, SUCH DAMAGES SHALL BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER ACTUALLY PAID FOR THE GIFT CARDSGOODS BY THE BUYER. Best Buy will not be responsible for delays in delivery of Gift Cards due How to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, Make a Warranty Claim: Buyer (or acts or laws a subsequent owner) must notify Seller of any government warranty claims and request a Return Material Authorization (“RMA”) by contacting (i) your place of purchase (e.g., Seller’s branch, retailer, distributor or agency. Any shipping dates or completion dates provided by Best Buy are estimates only.wholesaler) or

Disclaimers and Limitations of Liability. EXCEPT AS EXPRESSLY STATED HEREIN, BEST BUY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO THE GIFT CARDSALL INFORMATION, INCLUDING SERVICES, AND MATERIALS AVAILABLE THROUGH PATIENT DIRECT ARE FURNISHED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION) ANY WARRANTY , THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SUITABILITY, SECURITY, ACCURACY, AND NON-INFRINGEMENTNONINFRINGEMENT). PURCHASER EXPRESSLY AGREES THAT STANDARD PROCESS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “STANDARD PROCESS PARTIES”) MAKE NO REPRESENTATION OR WARRANTY REGARDING THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS, OR PERFORMANCE OF PATIENT DIRECT; THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE, OR OTHER DISABLING DEVICE FROM ANY SOURCE; THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN THE GIFT CARDS STANDARD PROCESS PARTIES; ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), OR LOSS OR USE OF DATA. USE OF PATIENT DIRECT IS AT PURCHASER’S SOLE YOUR OWN RISK. YOU AGREE THAT THE GIFT CARDS STANDARD PROCESS PARTIES ARE PROVIDED ON AN "AS IS" NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE STANDARD PROCESS PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATIONEXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER ORAL IN CONTRACT, TORT, OR WRITTEN, OBTAINED OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREINYOU TO YOUR HEALTH CARE PROFESSIONAL TO PURCHASE THE PARTICULAR PRODUCTS THAT FORM THE BASIS OF YOUR CLAIM OR $100. SOME JURISDICTIONS DO IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE EXCLUSION WAIVER OF CERTAIN WARRANTIESWARRANTIES OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SO SOME OF THE ABOVE EXCLUSIONS THESE PROVISIONS MAY NOT APPLYAPPLY TO YOU. PURCHASER AGREES YOU AGREE TO PROMPTLY NOTIFY STANDARD PROCESS IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE STANDARD PROCESS PARTIES, AND, IN ANY EVENT, YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST BUY WILL ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS WAIVED AND RELEASED. Indemnification IN CONSIDERATION OF PROFITS, REVENUE OR GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INVESTMENT OR OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S YOUR USE OF PATIENT DIRECT, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE GIFT CARDS PURCHASED HEREUNDER, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUY, ITS AFFILIATES AND PARENT COMPANIES STANDARD PROCESS PARTIES FROM AND AGAINST ANY LOSSAND ALL CLAIMS, LIABILITYLOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS, YOUR NEGLIGENT OR WILLFUL MISCONDUCT, YOUR MISUSE OF THE PRODUCTS, YOUR VIOLATION OF LAW, OR DAMAGE RESULTING FROM YOUR VIOLATION OR THREATENED VIOLATION OF ANY AND ALL CLAIMS RELATING PERSON’S OR ENTITY’S RIGHTS (INCLUDING, WITHOUT LIMITATION, COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK, OR OTHER PROPRIETARY RIGHTS OR PUBLICITY, CONTRACT, MORAL, CONFIDENTIALITY, OR PRIVACY RIGHTS RELATED TO THE GIFT CARDSPRACTITIONER CONTENT OR OTHERWISE). IF A COURT OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE FOR DAMAGES, SUCH DAMAGES SHALL BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT BEST BUY CHARGED PURCHASER FOR THE GIFT CARDS. Best Buy will not be responsible for delays in delivery of Gift Cards due to circumstances beyond its reasonable control including, but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates only.Confidential Information