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LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD PROVIDER AND ITS PARENT,
AFFILIATES, AGENTS, EMPLOYEES, AND LICENSORS (INCLUDING THE THIRD PARTY SERVICE
PROVIDERS) HARMLESS FROM ANY CLAIM, DEMAND, LOSS, COSTS OR EXPENSE, INCLUDING
ATTORNEY FEES, MADE BY ANY PERSON ARISING OUT OF YOUR VIOLATION OF THIS
AGREEMENT, STATE OR FEDERAL SECURITIES LAWS OR REGULATIONS, OR ANY OTHER PERSONS
RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION
OF ANY PROPRIETARY OR PRIVACY RIGHT. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT
LIMITED TO A NEGLIGENT ACT, WILL PROVIDER OR ITS PARENT, AFFILIATES, AGENTS,
EMPLOYEES, OR LICENSORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) BE LIABLE FOR
ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
ANY PROVIDER SERVICE, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL PROVIDER OR ITS THIRD PARTY
SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR
ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF A PROVIDER SERVICE, OR
RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY PROVIDER. PROVIDER,ITS
PARENT, AND ITS THIRD PARTY SERVICE PROVIDERS WILL UNDER NO CIRCUMSTANCES BE
LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER,
EVEN IF PROVIDER, ITS PARENT, OR ITS THIRD PARTY SERVICE PROVIDERS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (I) THE USE OR THE
INABILITY TO USE THE PROVIDER SERVICES; (II) THE TIMELINESS, DELETION,
MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR
PERSONALIZATION SETTINGS; (III) THE COST OF GETTING SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE
PROVIDER SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE PROVIDER
SERVICES; (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-
PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED
PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER
RELATING TO THE PROVIDER SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD
PROVIDER RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS
OF, THIRD PARTIES (INCLUDING THIRD PARTY SERVICE PROVIDERS) IN CONNECTION WITH
THE PROVIDER SERVICES. Because some states prohibit the limitation of liability
for consequential or incidental damages, in such states the limitation of
liability only with respect to consequential or incidental damages may not apply
to you, and the respective liability of Provider and its Third Party Service
Providers, employees, distributors and agents is limited to the greatest extent
allowable under applicable law in those states. In the event that a court or
arbitration panel, as the case may be, should hold that the limitations of
liabilities or remedies available as set forth in this Agreement, or any
portions thereof, are unenforceable for any reason, or that any of your remedies
under this Agreement fail then you expressly agree that under no circumstances
will the total, aggregate liability of Provider and its Third Party Service
Providers, employees, distributors, agents, Parent or affiliates, to you or any
party claiming by or through you for any cause whatsoever exceed $100 (U.S.),
regardless of the form of action and whether in contract, statute, tort or
otherwise. |
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