Common use of Indemnity; Limitation of Liability Clause in Contracts

Indemnity; Limitation of Liability. 11.1 You agree to indemnify, and hold Simple Energy, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the Sites or Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right; or (d) any claim that your use of the Sites or Services caused damage to a third party. 11.2 YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITES OR SERVICES AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES OR SERVICES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SIMPLE ENERGY OR YOUR ESP, IF APPLICABLE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF SIMPLE ENERGY OR YOUR ESP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITES OR THE SERVICES, FROM ANY CHANGES TO THE SITES OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE ▇▇▇▇▇. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITES AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. 11.3 IF YOU ARE DISSATISFIED WITH THE SITES OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL SIMPLE ENERGY HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND THE SERVICES. THE TOTAL LIABILITY OF SIMPLE ENERGY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITES OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES. IT IS THE INTENTION OF YOU AND SIMPLE ENERGY THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. 11.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity; Limitation of Liability. 11.1 You agree to indemnifyYOU, and hold Simple EnergyYOUR SUCCESSORS AND PERMITTED ASSIGNEES AND AFFILIATES, its officersAGREE TO FOREVER PROTECT, directorsINDEMNIFY AND “HOLD HARMLESS” US, employees and agentsPROCESSOR, harmless from and against any claimsOTHER PROCESSOR(S), liabilitiesAND THEIR AND OUR RESPECTIVE SUCCESSORS, damagesASSIGNS, lossesOFFICERS, and expensesDIRECTORS, including without limitation reasonable attorney's fees and costsEMPLOYEES, arising out of or in any way connected with (a) your access to or use of the Sites or Services; (b) your violation of these Terms; (c) your violation of any third party rightMANAGERS, including without limitation any intellectual property right or any publicityMEMBERS, confidentialityAGENTS AND AFFILIATES, property or privacy right; or (d) any claim that your use of the Sites or Services caused damage to a third party. 11.2 YOU ACKNOWLEDGE THAT YOUR ACCESS AGAINST ALL DAMAGES, EXPENSES, CLAIMS, SUITS, DEMANDS, COSTS, ATTORNEYS’ FEES OR LOSSES ARISING OUT OF OR ALLEGED TO AND USE HAVE ARISEN OUT OF THE SITES OR SERVICES AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE CONDUCT OF YOUR BUSINESS, YOUR PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT, THE SITES DELIVERING OF ANY PAYMENTS TO US AS DESCRIBED IN THIS AGREEMENT, AND THE EXERCISE OF ANY OF OUR RIGHTS AS DESCRIBED IN THIS AGREEMENT. IN NO EVENT WILL WE, OUR AFFILIATES, PROCESSOR OR SERVICES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SIMPLE ENERGY OR YOUR ESP, IF APPLICABLE, OTHER PROCESSOR(S) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECTLOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL PUNITIVE DAMAGES, INCLUDINGWHETHER ARISING OUT OF BREACH OF CONTRACT, BUT TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF SIMPLE ENERGY OR YOUR ESP SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITES OR THE SERVICES, FROM ANY CHANGES TO THE SITES OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE ▇▇▇▇▇. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITES AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENTBorrower agrees that any amounts due to Processor or Other Processor under Your agreement with Processor or Other Processor takes priority over amounts to be delivered to Us under this Agreement. 11.3 IF YOU ARE DISSATISFIED WITH THE SITES OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL SIMPLE ENERGY HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND THE SERVICES. THE TOTAL LIABILITY OF SIMPLE ENERGY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITES OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES. IT IS THE INTENTION OF YOU AND SIMPLE ENERGY THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. 11.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity; Limitation of Liability. 11.1 You agree to indemnify, and hold Simple EnergyRER, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the Sites Platform or Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right; (d) your Content; or (de) any claim that your use of the Sites Platform or Services caused damage to a third party. 11.2 . • YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITES PLATFORM OR SERVICES AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND VEHICLES YOU USE IN CONNECTION WITH YOUR USE OF THE SITES PLATFORM OR SERVICES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SIMPLE ENERGY RER OR YOUR ESP, IF APPLICABLE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF SIMPLE ENERGY RER OR YOUR ESP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITES PLATFORM OR THE SERVICES, FROM ANY CHANGES TO THE SITES PLATFORM OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE ▇▇▇▇▇. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITES PLATFORM AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. 11.3 . • IF YOU ARE DISSATISFIED WITH THE SITES PLATFORM OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL SIMPLE ENERGY RER HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES PLATFORM AND THE SERVICES. THE TOTAL LIABILITY OF SIMPLE ENERGY RER TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITES PLATFORM OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES$100. IT IS THE INTENTION OF YOU AND SIMPLE ENERGY THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. 11.4 RER • SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity; Limitation of Liability. 11.1 You agree to indemnifyYOU, and hold Simple EnergyYOUR SUCCESSORS AND PERMITTED ASSIGNEES AND AFFILIATES, its officersAGREE TO FOREVER PROTECT, directorsINDEMNIFY, employees and agentsAND “HOLD HARMLESS” US, harmless from and against any claimsPROCESSOR, liabilitiesOTHER PROCESSOR(S), damagesAND THEIR AND OUR RESPECTIVE SUCCESSORS, lossesASSIGNS, and expensesOFFICERS, including without limitation reasonable attorney's fees and costsDIRECTORS, arising out of or in any way connected with (a) your access to or use of the Sites or Services; (b) your violation of these Terms; (c) your violation of any third party rightEMPLOYEES, including without limitation any intellectual property right or any publicityMANAGERS, confidentialityMEMBERS, property or privacy right; or (d) any claim that your use of the Sites or Services caused damage to a third party. 11.2 YOU ACKNOWLEDGE THAT YOUR ACCESS AGENTS, AND AFFILIATES, AGAINST ALL DAMAGES, EXPENSES, CLAIMS, SUITS, DEMANDS, COSTS, ATTORNEYS’ FEES OR LOSSES, ARISING OUT OF OR ALLEGED TO AND USE HAVE ARISEN OUT OF THE SITES OR SERVICES AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE CONDUCT OF YOUR BUSINESS, YOUR PERFORMANCE, OR NON-PERFORMANCE UNDER THIS AGREEMENT, THE SITES DELIVERING OF ANY PAYMENTS TO US AS DESCRIBED IN THIS AGREEMENT AND THE EXERCISE OF ANY OF OUR RIGHTS AS DESCRIBED IN THIS AGREEMENT. IN NO EVENT WILL WE, OUR AFFILIATES, PROCESSOR, OR SERVICES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SIMPLE ENERGY OR YOUR ESP, IF APPLICABLE, OTHER PROCESSOR(S) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECTLOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL INDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES, INCLUDINGWHETHER ARISING OUT OF BREACH OF CONTRACT, BUT TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF SIMPLE ENERGY OR YOUR ESP SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITES OR THE SERVICES, FROM ANY CHANGES TO THE SITES OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE ▇▇▇▇▇. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITES AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. 11.3 IF YOU ARE DISSATISFIED WITH THE SITES OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL SIMPLE ENERGY HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND THE SERVICES. THE TOTAL LIABILITY OF SIMPLE ENERGY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITES OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES. IT IS THE INTENTION OF YOU AND SIMPLE ENERGY THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. 11.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity; Limitation of Liability. 11.1 7.1 You agree to indemnify, will indemnify and hold Simple Energy, harmless Immagonna and its officersAffiliates (and their respective employees, directors, employees agents and agents, harmless representatives) from and against any and all claims, liabilitiescosts, losses, damages, lossesjudgments, penalties, interest and expenses, expenses (including without limitation reasonable attorney's fees and costs, attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity (“Claim”) that arises out of or relates to: (1) any actual or alleged breach of your representations, warranties, or obligations set forth in any way connected with this Agreement; (a2) your access Services and any Materials, including any actual or alleged infringement of any intellectual property or proprietary rights by any of your Services or Materials, as well as with regard to any claims of defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity with respect to any content on the Site; (3) your failure to comply with any applicable laws and regulations in connection with your use of the Site; (4) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights; and/or (5) claims or actions by third parties relating to or arising out of your request for or providing or use of the Sites or Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right; or (d) any claim that your use of the Sites or Services caused damage to a third party. 11.2 YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITES 7.2 IN NO EVENT WILL IMMAGONNA, ITS AFFILIATES OR SERVICES AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISKTHEIR LICENSORS, THAT YOU ASSUME FULL RESPONSIBILITY SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS DAMAGES OF ANY EQUIPMENT YOU USE KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF USE, OR INABILITY TO USE, THE SITES WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SERVICES. YOU AGREE THATSUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWINCLUDING ANY DIRECT, UNDER NO CIRCUMSTANCES SHALL SIMPLE ENERGY OR YOUR ESPINDIRECT, IF APPLICABLE, BE LIABLE FOR ANY INDIRECTSPECIAL, INCIDENTAL, SPECIAL CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, DAMAGE ARISING FROM USE OF UGC, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 7.3 EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL CONTENT, SERVICES AND SOFTWARE (INCLUDING THIRD PARTY SOFTWARE) ARE PROVIDED BY IMMAGONNA ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, DAMAGES WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR LOSS A PARTICULAR PURPOSE OR WARRANTIES OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF SIMPLE ENERGY OR YOUR ESP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY NON-INFRINGEMENT. IMMAGONNA GRANTS NO RIGHTS AND MAKES NO WARRANTIES WITH REGARD TO USE THE SITES OR THE SERVICES, FROM ANY CHANGES TO THE SITES OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTSNAMES, ICONS, LOGOS, FONTS, TRADEMARKS, REGISTERED TRADEMARKS, UNREGISTERED TRADEMARKS, OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY CONTENT, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR CUSTOMER MUST SATISFY ITSELF THAT ALL THE NECESSARY RIGHTS OR CONSENTS REGARDING ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE ▇▇▇▇▇. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU THE ABOVE, AS MAY BE DISCLOSING SENSITIVEREQUIRED FOR REPRODUCTION, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITES AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENTHAVE BEEN OBTAINED. 11.3 IF YOU ARE DISSATISFIED WITH THE SITES OR THE SERVICES OR WITH ANY OF THESE TERMS7.4 The Site is arranged, OR FEEL SIMPLE ENERGY HAS BREACHED THESE TERMSsponsored, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND THE SERVICESand managed by Immagonna in the state of Arizona, USA. THE TOTAL LIABILITY OF SIMPLE ENERGY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITES OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICESThe laws of the state of Arizona govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. IT IS THE INTENTION OF YOU AND SIMPLE ENERGY THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAWYou agree that any action at law or in equity arising out of or relating to these terms and conditions shall be submitted to confidential arbitration in Phoenix, Arizona, except that, to the extent you have in any manner violated or threatened to violate Immagonna's intellectual property rights, Immagonna may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 11.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity; Limitation of Liability. 11.1 You agree to indemnifya) The Company does not warrant or guarantee that by attending and/or completing the Course, and hold Simple Energy, its officers, directors, employees and agents, harmless from and against the Client will experience success in any claims, liabilities, damages, losses, and expensesbusiness or activity that the Client may carry on following our Course. b) The Company is not responsible for indirect losses which happen as a side effect of the main loss or damage, including without limitation reasonable attorney's fees and costsbut not limited to loss of income or revenue, arising out loss of business, loss of profits, contracts or in any way connected with (a) your access to potential contracts or use loss of the Sites or Services; (b) your violation of these Terms; (anticipated savings. c) your violation of any third party rightThe Company is not liable for additional costs due to changes in courses, including without limitation any intellectual property right content, venues or any publicity, confidentiality, property or privacy right; or (Coaches. Every effort will be made to provide reasonable notice where possible. d) any claim that your use of the Sites or Services caused damage to a third party. 11.2 YOU ACKNOWLEDGE THAT YOUR ACCESS IN NO EVENT SHALL THE COMPANY BE LIABLE TO AND USE CLIENT FOR COSTS OF THE SITES PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS TRAINING; LOST PROFITS; LOST SALES; BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES GOODWILL; OR SERVICES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SIMPLE ENERGY OR YOUR ESP, IF APPLICABLE, BE LIABLE FOR ANY INDIRECT, INCIDENTALSPECIAL, SPECIAL EXEMPLARY, CONSEQUENTIAL, OR CONSEQUENTIAL DAMAGESINCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS HOWEVER CAUSED OR UNDER ANY THEORY OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLESLIABILITY, EVEN IF SIMPLE ENERGY OR YOUR ESP THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM . THE USE OR THE INABILITY TO USE THE SITES OR THE SERVICESCOMPANY'S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ANY CHANGES TO THE SITES OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION ALL CAUSES OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES ACTION OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE ▇▇▇▇▇. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVEKIND, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF SHALL IN YOUR USE OF THE SITES AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. 11.3 IF YOU ARE DISSATISFIED WITH THE SITES OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL SIMPLE ENERGY HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND THE SERVICES. THE TOTAL LIABILITY OF SIMPLE ENERGY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITES OR THE SERVICES SHALL NOT NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU CLIENT FOR THE SERVICES. IT IS THE INTENTION OF YOU AND SIMPLE ENERGY THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. 11.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME PORTION OF THE ABOVE COACHING UNDER THIS AGREEMENT. THESE LIMITATIONS MAY NOT SHALL APPLY TO YOUNOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnity; Limitation of Liability. 11.1 You agree to indemnify, defend and hold Simple Energy, ZenPayroll and its officers, directors, employees and agents, contractors, services providers and affiliates (each, an "Indemnified Party"), harmless from and against any all liabilities, claims, liabilitiesdemands, damages, losses, fines, judgments, disputes, costs, charges and expensesexpenses (including, including without limitation limitation, reasonable attorney's attorneys' fees and costsincurred in connection with such claims) made by you or others resulting from, arising out of or in related to (i) any way connected with acts or omissions by you, your Payroll Administrator and/or any other authorized users, or (aii) your access to or use of the Sites or Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right ZenPayroll's or any publicityother Indemnified Party's reliance on information and data furnished by you or resulting from activities that ZenPayroll or any other Indemnified Party undertakes at your request, confidentialityor at the request of anyone ZenPayroll or any other Indemnified Party believes in good faith to be your authorized agent, property in providing the Service. In no event will ZenPayroll's or privacy right; any other Indemnified Party's liability for any act or omission relating to the Service exceed the total charge for services provided for the six (d6) any claim that your use of month period immediately preceding such act or omission by the Sites or Services caused damage to a third party. 11.2 YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE ZenPayroll. IN NO EVENT WILL ZENPAYROLL OR ANY OTHER INDEMNIFIED PARTY HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGES REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION OR WHETHER ZENPAYROLL OR ANY OTHER INDEMNIFIED PARTY KNEW OR SHOULD HAVE KNOWN OF THE SITES OR SERVICES AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES OR SERVICES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SIMPLE ENERGY OR YOUR ESP, IF APPLICABLE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF SIMPLE ENERGY OR YOUR ESP HAS BEEN ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITES OR THE SERVICES, FROM DAMAGES IN ANY CHANGES TO THE SITES OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE ▇▇▇▇▇. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITES AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENTCIRCUMSTANCES. 11.3 IF YOU ARE DISSATISFIED WITH THE SITES OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL SIMPLE ENERGY HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND THE SERVICES. THE TOTAL LIABILITY OF SIMPLE ENERGY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITES OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES. IT IS THE INTENTION OF YOU AND SIMPLE ENERGY THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. 11.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity; Limitation of Liability. 11.1 You agree to indemnifyYOU, and hold Simple EnergyYOUR SUCCESSORS AND PERMITTED ASSIGNEES AND AFFILIATES, its officersAGREE TO FOREVER PROTECT, directorsINDEMNIFY, employees and agentsAND “HOLD HARMLESS” US, harmless from and against any claimsPROCESSOR, liabilitiesOTHER PROCESSOR(S), damagesAND THEIR AND OUR RESPECTIVE SUCCESSORS, lossesASSIGNS, and expensesOFFICERS, including without limitation reasonable attorney's fees and costsDIRECTORS, arising out of or in any way connected with (a) your access to or use of the Sites or Services; (b) your violation of these Terms; (c) your violation of any third party rightEMPLOYEES, including without limitation any intellectual property right or any publicityMANAGERS, confidentialityMEMBERS, property or privacy right; or (d) any claim that your use of the Sites or Services caused damage to a third party. 11.2 YOU ACKNOWLEDGE THAT YOUR ACCESS AGENTS, AND AFFILIATES, AGAINST ALL DAMAGES, EXPENSES, CLAIMS, SUITS, DEMANDS, COSTS, ATTORNEYS’ FEES OR LOSSES, ARISING OUT OF OR ALLEGED TO AND USE HAVE ARISEN OUT OF THE SITES OR SERVICES AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE CONDUCT OF YOUR BUSINESS, YOUR PERFORMANCE, OR NON- PERFORMANCE UNDER THIS AGREEMENT, THE SITES DELIVERING OF ANY PAYMENTS TO US AS DESCRIBED IN THIS AGREEMENT AND THE EXERCISE OF ANY OF OUR RIGHTS AS DESCRIBED IN THIS AGREEMENT. IN NO EVENT WILL WE, OUR AFFILIATES, PROCESSOR, OR SERVICES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SIMPLE ENERGY OR YOUR ESP, IF APPLICABLE, OTHER PROCESSOR(S) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECTLOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL INDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES, INCLUDINGWHETHER ARISING OUT OF BREACH OF CONTRACT, BUT TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF SIMPLE ENERGY OR YOUR ESP SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITES OR THE SERVICES, FROM ANY CHANGES TO THE SITES OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE ▇▇▇▇▇. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITES AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. 11.3 IF YOU ARE DISSATISFIED WITH THE SITES OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL SIMPLE ENERGY HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND THE SERVICES. THE TOTAL LIABILITY OF SIMPLE ENERGY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITES OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES. IT IS THE INTENTION OF YOU AND SIMPLE ENERGY THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. 11.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity; Limitation of Liability. 11.1 10.1 You agree to indemnify, and hold Simple EnergyCompany, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the Sites or Services; Services; (b) your violation of these Terms; Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right; right; or (d) any claim that your use of the Sites or Services caused damage to a third party. 11.2 10.2 YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITES OR SERVICES AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES OR SERVICES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SIMPLE ENERGY OR YOUR ESP, IF APPLICABLE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF SIMPLE ENERGY OR YOUR ESP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITES OR THE SERVICES, FROM ANY CHANGES TO THE SITES OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE ▇▇▇▇▇. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITES AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.THE 11.3 10.3 IF YOU ARE DISSATISFIED WITH THE SITES OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL SIMPLE ENERGY COMPANY HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND THE SERVICES. THE TOTAL LIABILITY OF SIMPLE ENERGY COMPANY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITES OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES, IF ANY. IT IS THE INTENTION OF YOU AND SIMPLE ENERGY COMPANY THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. 11.4 10.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity; Limitation of Liability. 11.1 You agree to indemnifyYOU, and hold Simple EnergyYOUR SUCCESSORS AND PERMITTED ASSIGNEES AND AFFILIATES, its officersAGREE TO FOREVER PROTECT, directorsINDEMNIFY, employees and agentsAND “HOLD HARMLESS” US, harmless from and against any claimsPROCESSOR, liabilitiesOTHER PROCESSOR(S), damagesAND THEIR AND OUR RESPECTIVE SUCCESSORS, lossesASSIGNS, and expensesOFFICERS, including without limitation reasonable attorney's fees and costsDIRECTORS, arising out of or in any way connected with (a) your access to or use of the Sites or Services; (b) your violation of these Terms; (c) your violation of any third party rightEMPLOYEES, including without limitation any intellectual property right or any publicityMANAGERS, confidentialityMEMBERS, property or privacy right; or (d) any claim that your use of the Sites or Services caused damage to a third party. 11.2 YOU ACKNOWLEDGE THAT YOUR ACCESS AGENTS, AND AFFILIATES, AGAINST ALL DAMAGES, EXPENSES, CLAIMS, SUITS, DEMANDS, COSTS, ATTORNEYS' FEES OR LOSSES, ARISING OUT OF OR ALLEGED TO AND USE HAVE ARISEN OUT OF THE SITES OR SERVICES AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE CONDUCT OF YOUR BUSINESS, YOUR PERFORMANCE, OR NON-PERFORMANCE UNDER THIS AGREEMENT, THE SITES DELIVERING OF ANY PAYMENTS TO US AS DESCRIBED IN THIS AGREEMENT AND THE EXERCISE OF ANY OF OUR RIGHTS AS DESCRIBED IN THIS AGREEMENT. IN NO EVENT WILL WE, OUR AFFILIATES, PROCESSOR, OR SERVICES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SIMPLE ENERGY OR YOUR ESP, IF APPLICABLE, OTHER PROCESSOR(S) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECTLOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL INDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES, INCLUDINGWHETHER ARISING OUT OF BREACH OF CONTRACT, BUT TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF SIMPLE ENERGY OR YOUR ESP SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITES OR THE SERVICES, FROM ANY CHANGES TO THE SITES OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE ▇▇▇▇▇. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITES AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. 11.3 IF YOU ARE DISSATISFIED WITH THE SITES OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL SIMPLE ENERGY HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND THE SERVICES. THE TOTAL LIABILITY OF SIMPLE ENERGY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITES OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES. IT IS THE INTENTION OF YOU AND SIMPLE ENERGY THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. 11.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.