| Liberapay |
"Notably,
the user is responsible for the declaration of any income received through the
service to the competent authorities and to pay any applicable taxes.</p>
" |
|
DECLINED |
arlo Staff |
| DeviantArt |
"IN NO EVENT SHALL DEVIANTART'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO DEVIANTART PURSUANT TO THIS AGREEMENT." |
|
APPROVED |
napen123 |
| Malwarebytes |
"<p> TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL MALWAREBYTES' TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED FIFTY U.S.
DOLLARS ($50 USD)." |
|
APPROVED |
AgnesDeLion Staff |
| eBuddy |
"The total compensation to you for any direct damages as meant in this paragraph shall in no event exceed EUR 1.000,--.
" |
|
APPROVED |
AgnesDeLion Staff |
| TunnelBear |
"Notwithstanding the foregoing, in no event shall the total liability of TunnelBear, for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to TunnelBear in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim.
" |
|
DECLINED |
cherryblossom |
| vudu |
"
IN NO EVENT SHALL VUDU’S OR CONTENT PROVIDERS’ TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE VUDU WEBSITE, VUDU SERVICE, VUDU DEVICES OR CONTENT, INCLUDING ANY FEATURES ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE FEES PAID BY YOU DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE." |
|
DECLINED |
kkylemr Curator |
| Patook |
"IN NO EVENT WILL OUR LIABILITY EXCEED THE FEES COLLECTED FROM YOU FOR THE THREE MONTHS PRECEEDING THE TIME WHEN THE CLAIM AROSE" |
|
APPROVED |
jxr2272 Curator |
| Todoist |
"THE AGGREGATE LIABILITY OF THE DOIST ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO DOIST FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.
OR (B) $100." |
|
APPROVED |
TyTaYmuQQ8otrm |
| SourceForge |
"THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES.</p>" |
|
APPROVED |
AgnesDeLion Staff |
| Blizzard |
"Blizzard’s liability shall never exceed the total fees paid by you to Blizzard during the six (6) months prior to your making a claim against Blizzard.
" |
|
APPROVED |
Dr_Jeff Staff |
| WhatsApp |
"OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS." |
|
APPROVED |
AgnesDeLion Staff |
| Virtual World Computing Cocoon MyData Rewards |
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT COCOON AND ITS SUBSIDIARIES’ AND AFFILIATES’, AND ITS LICENSORS’ (“COCOON PARTIES”) TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID TO COCOON BY YOU FOR THE SOFTWARE OR, IN THE EVENT THAT COCOON HAS MADE THE SOFTWARE AVAILABLE TO YOU WITHOUT CHARGE, ANY SUCH TOTAL LIABILITY WILL BE LIMITED TO TWENTY DOLLARS ($20)." |
|
APPROVED |
penguintamer |
| Yubico |
"IN NO EVENT WILL YUBICO’S AND ITS AFFILIATES’, AND ITS AND THEIR SUPPLIERS’, DISTRIBUTORS’, RESELLERS’ AND EMPLOYEES’ TOTAL CUMULATIVE LIABILITY RELATING TO THIS AGREEMENT OR THE USE OF THE PRODUCT OR SERVICE EXCEED THE AMOUNT PAID FOR THE PRODUCT." |
|
APPROVED |
JusBer |
| Facebook |
"Our aggregate liability arising out of or relating to these Terms or the Facebook Products will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
" |
|
DECLINED |
Dr_Jeff Staff |
| Mega |
"DESPITE THE ABOVE, IF ANY COURT OR OTHER COMPETENT AUTHORITY HOLDS US (THIS INCLUDES OUR OFFICERS, STAFF AND AGENTS) LIABLE FOR ANY MATTER RELATED TO THESE TERMS OR OUR SERVICES, OUR TOTAL COMBINED LIABILITY WILL BE LIMITED TO THE MOST RECENT SUBSCRIPTION AMOUNT YOU HAVE PAID TO US." |
|
APPROVED |
AgnesDeLion Staff |
| Instagram |
"Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months." |
|
APPROVED |
Dr_Jeff Staff |
| Fivestars |
"IN NO EVENT SHALL FIVESTARS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FIVESTARS IN THE LAST SIX (6) MONTHS OR ONE HUNDRED DOLLARS ($100)," |
|
APPROVED |
AgnesDeLion Staff |
| Twitch |
"AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TWITCH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE TWITCH SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE TWITCH SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, TWITCH SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.</p>
" |
|
APPROVED |
Dr_Jeff Staff |
| Enpass |
"NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ENPASS TECHNOLOGIES INC’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY." |
|
APPROVED |
Dr_Jeff Staff |
| Prezi |
"TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PREZI, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES OVER THE PRIOR SIX-MONTH PERIOD." |
|
APPROVED |
Dr_Jeff Staff |
| Gfycat |
"IN NO EVENT WILL GFYCAT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GFYCAT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).</p>" |
|
APPROVED |
AgnesDeLion Staff |
| Amazon Prime Video |
" (i) zal in geen geval de totale aansprakelijkheid van ons of onze softwarelicentiegevers jegens u voor alle schade die voortvloeit uit of verband houdt met uw gebruik of onvermogen om de Software te gebruiken hoger zijn dan het bedrag van vijftig dollar ($ 50,00)." |
|
APPROVED |
Dr_Jeff Staff |
| LBRY |
"The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of any amount paid, if any, by you to access or use our Services or $100 USD.</strong>
</p>" |
|
APPROVED |
AgnesDeLion Staff |
| PayPal |
" <p>For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000 USD (or other currency equivalents)," |
|
APPROVED |
AgnesDeLion Staff |
| Strava |
">THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO STRAVA IN THE 12-MONTHS PRIOR TO DATE THE CLAIM." |
|
APPROVED |
AgnesDeLion Staff |
| Jitsi |
"<p>TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF 8X8, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO TEN DOLLARS (USD$10).</p>" |
|
APPROVED |
Dr_Jeff Staff |
| hCaptcha |
"THE LIABILITY OF IMI FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) U.S.
$2,500.
AND (B) ANY FEES RETAINED BY IMI WITH RESPECT TO TASKS POSTED BY A REQUESTER DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM.
" |
|
APPROVED |
AgnesDeLion Staff |
| ProtonVPN |
"Furthermore, if the result of the dispute or chargeback mechanisms causes the Company to be liable for an amount exceeding the price paid for the service (e.g.
dispute fee), you authorize the Company to charge that amount on your account" |
|
APPROVED |
AgnesDeLion Staff |
| Instructure |
"SAVE AS SET OUT IN THE FIRST SENTENCE OF THIS SECTION 10, INSTRUCTURE AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE TO YOU FOR MORE THAN ANY AMOUNTS RECEIVED BY INSTRUCTURE FROM YOU AS A RESULT OF YOUR PERSONAL USE OF THE SERVICE IN THE 12 MONTHS PRECEDING YOUR CLAIM.
IF YOU HAVE NOT PAID INDIVIDUALLY ANY AMOUNTS IN THE 12 MONTHS PRECEDING YOUR CLAIM, INSTRUCTURE’S SOLE AND EXCLUSIVE LIABILTY SHALL BE NO MORE THAN $50." |
|
APPROVED |
Dr_Jeff Staff |
| Brave |
" (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500.
" |
|
APPROVED |
AgnesDeLion Staff |
| BitChute |
"<p>IN NO EVENT WILL BITCHUTE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE (OR CONTENT) EXCEED THE AMOUNTS YOU HAVE PAID TO BITCHUTE FOR USE OF THE SERVICE (OR CONTENT), OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BITCHUTE, AS APPLICABLE." |
|
APPROVED |
AgnesDeLion Staff |
| Google |
"<li>Google’s total liability arising out of or relating to these terms is limited to the greater of (1) €500 or (2) 125% of the fees that you paid to use the relevant services in the 12 months before the breach</li>
" |
|
APPROVED |
AgnesDeLion Staff |
| Merriam-Webster |
"AND (ii) FOR ANY DAMAGES, LOSSES AND/OR CAUSES OF ACTION EXCEEDING ONE THOUSAND U.S.
DOLLARS (US $1,000) IN THE AGGREGATE.</p>
<p>" |
|
APPROVED |
AgnesDeLion Staff |
| The Walt Disney Company |
"IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S.
DOLLARS (US $1,000)." |
|
APPROVED |
AgnesDeLion Staff |
| United States Postal Service |
"In no event shall the Postal Service's liability to a user for any loss, damage or claim exceed the amount paid by the user for accessing this site.</p>
<p>" |
|
APPROVED |
AgnesDeLion Staff |
| Heroku |
" IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER AND ITS AFFILIATES HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE." |
|
APPROVED |
AgnesDeLion Staff |
| Tresorit |
"AND TRESORIT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO CUSTOMER'S USE OF THE FREE TRIAL IS EUR 100.</p>
</li>" |
|
APPROVED |
AgnesDeLion Staff |
| iFunny |
"THE MAXIMUM TOTAL LIABILITY OF THE IFUNNY PARTIES TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100." |
|
APPROVED |
AgnesDeLion Staff |
| Guilded |
"(C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO GUILDED IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.
" |
|
APPROVED |
AgnesDeLion Staff |
| Yahoo! |
"TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE STATED IN SECTION 14, VERIZON MEDIA ENTITIES ARE NOT LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS OR SERVICES FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO US FOR THE SERVICES.</p>
</li>
<li>
<p>" |
|
APPROVED |
AgnesDeLion Staff |
| HideMyAss! |
"TO THE FULL EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCES WILL ANY MEMBER OF VENDOR GROUP OR ANY VENDOR PARTNER’S TOTAL AGGREGATE LIABILITY FOR ALL LOSS OR DAMAGE TO YOU OR ANY THIRD PARTY ARISING FROM OR RELATING TO ANY SOLUTION, THE SUBSCRIPTION OR THIS AGREEMENT EXCEED THE GREATER OF: (I) FIVE U.S.
DOLLARS (US$5.00).
AND (II) THE AMOUNT OF THE SUBSCRIPTION FEES YOU HAVE PAID FOR THE IMMEDIATELY PRECEDING 12 MONTHS OF THE SUBSCRIPTION PERIOD.</p>
<p>" |
|
APPROVED |
AgnesDeLion Staff |
| Vimeo |
"(B) VIMEO'S TOTAL LIABILITY TO YOU, EXCEPT FOR VIMEO’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO VIMEO OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.</p>" |
|
APPROVED |
AgnesDeLion Staff |
| Burger King |
"ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.</p>" |
|
QUOTE NOT FOUND |
AgnesDeLion Staff |
| Authy (Twilio) |
"IN NO EVENT WILL THE AGGREGATE LIABILITY OF EACH PARTY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE." |
|
APPROVED |
AgnesDeLion Staff |
| Zoom Video Communications |
"IN ANY CASE, ZOOM'S, ITS AFFILIATES', SUPPLIERS' AND RESELLERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS." |
|
APPROVED |
private prawn Curator |
| IVPN |
"
<p>In any event, IVPN shall never be liable for any monetary damages beyond what the user paid to IVPN and this will not include court costs or attorney fees irrespective of any statutes or laws that may be interpreted otherwise.</p>
" |
|
APPROVED |
AgnesDeLion Staff |
| Shopify |
"WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION D8,
THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE
LIMITED TO DIRECT DAMAGES, AND IN ALL EVENTS SHALL NOT EXCEED IN
THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO SHOPIFY DURING
THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT
GIVING RISE TO THE CLAIM FOR LIABILITY.</p>
<p>THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE
LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT
LIMITATION, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, OR ANY OTHER BASIS." |
|
APPROVED |
private prawn Curator |
| Wish |
Any liability on behalf of the service is only limited to the fees you paid as a user or 500€ |
|
APPROVED |
AgnesDeLion Staff |
| MobyGames |
"IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY LICENSOR PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING MOBYGAMES, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF MOBYGAMES." |
|
APPROVED |
Aayan |
| VIZIO |
"In no event shall VIZIO's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of twenty-five dollars ($25.00)." |
|
APPROVED |
pederdm000 Staff |
| Parler |
"IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ,PARLER ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES ,EXCEED THE GREATER OF TWO HUNDRED U.S.
DOLLARS (U.S.
$200.00) OR ,THE AMOUNT YOU PAID PARLER, IF ANY, IN THE PAST SIX MONTHS FOR THE ,SERVICES GIVING RISE TO THE CLAIM." |
|
APPROVED |
AgnesDeLion Staff |
| Among Us |
"IN ANY CASE, OUR ENTIRE LIABILITY, THAT THAT OF OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES OR SUBSIDIARIES, UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO $1,000." |
|
APPROVED |
Aayan |
| Eltiempo.es |
"En cualquier caso, la eventual responsabilidad de Eltiempo.es frente al Usuario por todos los conceptos quedará limitada como máximo al importe de las cantidades percibidas directamente del Usuario por Eltiempo.es, con exclusión en todo caso de responsabilidad por daños indirectos o por lucro cesante.</p>" |
|
APPROVED |
AgnesDeLion Staff |
| Desmos |
Any liability on behalf of the service is only limited to $100 |
|
DECLINED |
Dogmaster6 |
| OneSignal |
"(B) ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS EULA
TO THE EXTENT THAT THE AGGREGATE AMOUNT OF SUCH DAMAGES EXCEEDS THE GREATER
OF (X) ALL AMOUNTS PAID BY ONE PARTY TO ANOTHER DURING THE SIX MONTHS
PRECEDING THE DATE OF THE EVENT THAT IS THE BASIS FOR THE CLAIM AND (Y)
$1500.
</li>" |
|
APPROVED |
AgnesDeLion Staff |
| Apple Services |
"In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00)." |
|
APPROVED |
Aayan |
| Smart Survey Work |
"In the event that we are held liable to you, our maximum total liability will be the total amount of the service fee paid by you to us in the continuous 1 month period immediately prior to the bringing of such claim." |
|
APPROVED |
AgnesDeLion Staff |
| Google Analytics |
"GOOGLE'S (AND ITS WHOLLY OWNED SUBSIDIARIES’) TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED $500 (USD).
</p>" |
|
APPROVED |
AgnesDeLion Staff |
| LinkedIn |
"<p>LINKEDIN AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO LINKEDIN FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.</p>" |
|
APPROVED |
AgnesDeLion Staff |
| Coinbase |
"Coinbase’s total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in connection with, any breach by Coinbase of this Agreement shall be limited to a maximum aggregate value of the combined value of the Digital Currency and E-Money on deposit in your E-Money Wallet and your Digital Currency Wallet at the time of the relevant breach by Coinbase.
" |
|
APPROVED |
AgnesDeLion Staff |
| Tinder |
"IN NO EVENT WILL TINDER’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO TINDER FOR THE SERVICE AND USD100 WHILE YOU HAVE AN ACCOUNT.</p>" |
|
APPROVED |
AgnesDeLion Staff |
| Session |
"OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED TEN DOLLARS ($10).
" |
|
APPROVED |
AgnesDeLion Staff |
| CoinGecko |
"you agree that our Company’s total liability to you shall not exceed S$50" |
|
APPROVED |
Aayan |
| AirVPN |
"IN NO EVENT WILL THE TOTAL LIABILITY OF AIR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM" |
|
APPROVED |
AgnesDeLion Staff |
| Signal |
"OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100)." |
|
APPROVED |
AgnesDeLion Staff |
| FaceApp |
"THE TOTAL LIABILITY OF FACEAPP AND THE OTHER FACEAPP PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICES.</p>" |
|
APPROVED |
AgnesDeLion Staff |
| Alibaba |
"the amount of fees the User has paid to Alibaba.com in exchange for the access to or use of the Site or Services during the calendar year" |
|
APPROVED |
private prawn Curator |
| Rofkin |
Any liability on behalf of the service is only limited to the fees you paid as a user |
|
APPROVED |
AgnesDeLion Staff |
| Veepn |
"In no event will we be liable for any damages in excess of fifty US dollars ($50)." |
|
APPROVED |
AgnesDeLion Staff |
| ClassDojo |
"IN NO EVENT WILL CLASSDOJO OR THE CLASSDOJO PARTIES BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO COMPANY FOR USE OF THE CLASSDOJO OFFERINGS IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100)" |
|
APPROVED |
private prawn Curator |
| SpanishDict |
"TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL SPANISHDICT PARTIES BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED U.S.
DOLLARS ($100).
" |
|
APPROVED |
AgnesDeLion Staff |
| Just Eat |
"Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.</p>
<p>" |
|
APPROVED |
AgnesDeLion Staff |
| Speedtest by Ookla |
"LIABILITY OF OOKLA SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST OOKLA, OR (II) ONE HUNDRED U.S.
DOLLARS ($100.00)." |
|
APPROVED |
private prawn Curator |
| Wattpad |
"
In no event shall Wattpad’s liability for damages be in excess of (in the aggregate) one hundred Canadian dollars ($100.00).</p>
<p>
" |
|
APPROVED |
AgnesDeLion Staff |
| Free Code Camp |
"<p>As far as the law allows, the company’s total liability to you for claims of any kind that are related to the website or content on the website will be limited to $50.</p>" |
|
APPROVED |
AgnesDeLion Staff |
| Remind |
"IN NO EVENT WILL REMIND OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY: </p>
<ul>
<li>FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO REMIND HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM." |
|
APPROVED |
AgnesDeLion Staff |
| ePlus Technology |
"THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY YOU FOR ANY PRODUCT IN CONNECTION WITH WHICH LIABILITY ARISES." |
|
APPROVED |
AgnesDeLion Staff |
| Audacity |
"IN NO EVENT SHALL AUDACITY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S.
DOLLARS (U.S.
$100.00)" |
|
APPROVED |
AgnesDeLion Staff |
| Translate |
"IN NO EVENT WILL EMERGE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100)" |
|
APPROVED |
AgnesDeLion Staff |
| Privacy.com |
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PRIVACY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500." |
|
APPROVED |
private prawn Curator |
| Airbnb |
Any liability on behalf of the service is only limited to the fees you paid as a user |
|
DECLINED |
BlakkGeezus |
| tawk.to |
"IN NO EVENT SHALL TAWK.TO’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00)." |
|
APPROVED |
pederdm000 Staff |
| Flipboard |
"he maximum liability of Flipboard to you for our services is $100" |
|
APPROVED |
AgnesDeLion Staff |
| Bumble |
"IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).</p>" |
|
APPROVED |
maxer137 Curator |
| OpenAI |
"OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100)." |
|
APPROVED |
EarldridgeJazzedPineda |
| Photomath |
"WITHOUT LIMITATION TO THE FOREGOING, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE FEES, IF ANY, THAT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICE." |
|
APPROVED |
EarldridgeJazzedPineda |
| Leetify |
"
In no event shall Leetify's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site." |
|
APPROVED |
shadowwwind Staff |
| Tipeee |
"Quels que soient la nature, le fondement et les modalités d'une action qui serait engagée par l'Utilisateur, sauf en cas de dommage corporel ou fraude imputable à TIPEEE, la responsabilité de cette dernière, limitée aux dommages directs, ne pourra dépasser en tout état de cause, sur l'ensemble de la durée de fourniture du Service et tous faits générateurs confondus, un montant égal à 100 € (cent euros) pour l'ensemble de la durée d'exécution des présentes." |
|
APPROVED |
AgnesDeLion Staff |
| WeatherBug |
"IN ADDITION, TOTAL LIABILITY OF WEATHERBUG FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SOLUTION SHALL NOT EXCEED $500 (US) OR THE AMOUNT PAID BY YOU TO WEATHERBUG (FOR USE OF THE SOLUTION) DURING THE TWELVE (12) MONTHS PRECEDING ANY CLAIM, WHICHEVER IS GREATER." |
|
APPROVED |
AgnesDeLion Staff |
| WorldVPN |
"In any event WorldVPN will never be liable for any monetary harm beyond what the client paid to WorldVPN and this shall not include attorney fees or court costs irrespective of any laws or statues that may be treated otherwise.
" |
|
APPROVED |
AgnesDeLion Staff |
| COS.TV |
"IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS (U.S.
$100.00) OR THE AMOUNT YOU PAID COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR USE OF THE COMPANY-RELATED SERVICES GIVING RISE TO THE CLAIM." |
|
APPROVED |
Aayan |
| Castbox |
"WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50." |
|
APPROVED |
Aayan |
| Supremacy1914 |
"The damage which could have been foreseen is limited to EUR 20,00 per Account.</p>" |
|
APPROVED |
Aayan |
| The Poster Database |
Any liability on behalf of the service is only limited to CAD $50 |
|
APPROVED |
Aayan |
| Home Title Lock |
"(A) THE AMOUNT PAID BY YOU TO HOME TITLE LOCK OR ITS AFFILIATE, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS)." |
|
APPROVED |
Aayan |
| Tubi |
"LIMITATION OF LIABILITY</strong>
</p>
<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TUBI’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TUBI FOR THE TUBI SERVICES AND CONTENT DURING THE TERM OF YOUR USE OF THE TUBI SERVICES." |
|
APPROVED |
EarldridgeJazzedPineda |
| Headspace |
"IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE PRODUCTS EXCEED, IN THE AGGREGATE, THE ACTUAL AMOUNT, IF ANY, PAID BY YOU TO HEADSPACE FOR YOUR USE OF THE PRODUCTS IN QUESTION.</p>" |
|
APPROVED |
shiftydino |
| Monarch Money |
"ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100" |
|
APPROVED |
Aayan |
| Crunchyroll |
"ELLATION'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF USE WILL NOT EXCEED $50." |
|
APPROVED |
lr19_ |
| Airfind |
"IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100)." |
|
APPROVED |
Zakronia |
| TruNews |
"You agree that the liability of TruNews to you hereunder shall be limited to the amount you have actually paid to TruNews for products or services hereunder of, if greater, US$100." |
|
APPROVED |
Aayan |
| HTTP Injector |
"<p>In no event will the site's aggregate liability to you or to any third party for any and all claims arising out of or in connection with the use of the services exceed one dollar ($1)." |
|
APPROVED |
Aayan |
| Q Care Plus |
"EXCEED THE LESSER OF ONE THOUSAND U.S.
DOLLARS ($1000.00 USD)" |
|
APPROVED |
Aayan |
| Common Sense Media |
"IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF (A) $100 OR (B) THE TOTAL AMOUNT PAID BY YOU TO CSM DURING THE 12-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY." |
|
APPROVED |
EarldridgeJazzedPineda |
| fireflies |
"ONEHUNDREDDOLLARS($100)" |
|
APPROVED |
Aayan |
| DoorDash |
"DOORDASH’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO DOORDASH IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
THIS CAP ON LIABILITY SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.</p>" |
|
APPROVED |
EarldridgeJazzedPineda |
| Chegg |
"IN NO EVENT WILL THE CHEGG PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO CHEGG IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER." |
|
APPROVED |
EarldridgeJazzedPineda |
| Print Friendly |
"(ii) EACH PARTY’S AGGREGATE LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THAT PARTICULAR PARTY IN CONNECTION WITH THIS AGREEMENT DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM." |
|
APPROVED |
AgnesDeLion Staff |
| LingQ |
Any liability on behalf of the service is only limited to the fees you paid as a user |
|
APPROVED |
levijneuwirth |
| Logitech |
"IN NO EVENT SHALL LOGITECH’S AND ITS SUPPLIERS’ CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THIS WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO LOGITECH DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE, OR $100.00, WHICHEVER AMOUNT IS LESS." |
|
APPROVED |
levijneuwirth |
| BitPay |
"IN NO EVENT WILL OUR LIABILITY FOR ANY DAMAGES ARISING IN CONNECTION WITH THE ACCEPTANCE SERVICES EXCEED THE FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE ACCEPTANCE SERVICES DURING THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY." |
|
APPROVED |
EarldridgeJazzedPineda |
| Rakuten |
"YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S.
DOLLARS ($50) OR THE MAXIMUM CASH BACK AMOUNT YOU RECEIVED IN THE LAST FOUR YEARS FROM THE DATE OF ACCEPTANCE OF THESE TERMS, WHICHEVER IS GREATER." |
|
APPROVED |
EarldridgeJazzedPineda |
| Ziff Davis |
", LIABILITY OF ZIFF DAVIS SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST ZIFF DAVIS, OR (II) ONE HUNDRED U.S.
DOLLARS ($100.00)" |
|
APPROVED |
AgnesDeLion Staff |
| AccuWeather |
Any liability on behalf of the service is only limited to the fees you paid as a user |
|
APPROVED |
Hantalyte |
| Surfshark |
".OUR TOTAL AGGREGATE LIABILITY IN ANY CASE SHALL NOT EXCEED YOUR TOTAL AMOUNT PAID FOR THE SERVICES.</p>
" |
|
APPROVED |
AgnesDeLion Staff |
| Figma |
"IN NO EVENT WILL FIGMA OR SUPPLIERS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO FIGMA IN THE PRECEDING TWELVE MONTHS FOR THE SERVICES," |
|
APPROVED |
EarldridgeJazzedPineda |
| privacypolicies.com |
Any liability on behalf of the service is only limited to the fees you paid as a user |
|
APPROVED |
Hantalyte |
| Conjuguemos |
"
<p>IN NO EVENT WILL CONJUGUEMOS OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO THE COMPANY FOR USE OF THE SERVICE" |
|
APPROVED |
Hantalyte |
| Studocu |
Any liability on behalf of the service is only limited to EUR 1,000 |
|
APPROVED |
Aayan |
| Meredith |
"UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE MEREDITH PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO MEREDITH BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (C) ONE HUNDRED DOLLARS ($100).
" |
|
APPROVED |
AgnesDeLion Staff |
| Amazon |
"<p>IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN AMAZON.COM'S CONDITIONS OF USE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID." |
|
APPROVED |
AgnesDeLion Staff |
| MySudo |
"UNDER NO CIRCUMSTANCES WILL ANONYOME PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY ANONYOME AS A RESULT OF YOUR USE OF ANONYOME PROPERTIES IN THE ONE (1) MONTH IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM.
IF YOU HAVE NOT PAID ANONYOME ANY AMOUNTS IN SUCH PERIOD, ANONYOME’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50)." |
|
APPROVED |
AgnesDeLion Staff |
| Getty Images |
"
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GETTY IMAGES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GETTY IMAGES FOR ACCESS TO OR USE OF THE SITE.</p>
" |
|
APPROVED |
AgnesDeLion Staff |
| Heaven HR |
"Die Gesamthaftung von HeavenHR hinsichtlich Angelegenheiten, die sich aus oder im Zusammenhang
mit diesen Bestimmungen ergeben, ist auf EUR 1.000,00 oder den vom Anwender während des
dreimonatigen Zeitraums vor dem Ereignis" |
|
APPROVED |
AgnesDeLion Staff |
| Gettr |
"EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE GETTR PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID GETTR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S)." |
|
APPROVED |
private prawn Curator |
| Calendly |
"CALENDLY’S MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OR THE WEBSITE, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION, OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO CALENDLY IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $100.00" |
|
APPROVED |
AgnesDeLion Staff |
| Odysee |
"<strong>The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of any amount paid, if any, by you to access or use our Services or $100 USD.</strong>" |
|
APPROVED |
AgnesDeLion Staff |
| VSCO |
"IN NO EVENT WILL VSCO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO VSCO HEREUNDER DURING THE 12 MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM OR $100.00, WHICHEVER IS GREATER" |
|
APPROVED |
levijneuwirth |
| Waymo |
"<p>The total liability of Waymo and the other Waymo Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to use our Services." |
|
APPROVED |
levijneuwirth |
| Crain's Chicago Business |
"YOU AGREE THAT THE LIABILITY OF CRAIN, ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION IN THE SERVICE SHALL NOT EXCEED THE AMOUNT, IF ANY,THAT YOU PAID TO CRAIN FOR USE OF THE SERVICE.</p>" |
|
APPROVED |
AgnesDeLion Staff |
| Riot Games (League of Legends) |
"<u>To the extent permitted by law, our total liability to you (whether for breach of this contract, negligence or for any other reason whatever) for any loss, harm or damage suffered by you in connection with your downloading, use and/or access of the Riot Services is limited to the total amounts paid by you to Riot during the six (6) months immediately prior to the time your cause of action first arose.</u>" |
|
APPROVED |
LadyStonda |
| Attendify |
"limitation of liability <p>IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, LICENSORS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED GREATER OF: (I) THE TOTAL SUM OF EVENT REGISTRATION FEES PAID BY YOU IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE ACTION OR EVENT FORMING THE BASIS FOR SUCH CLAIM.
OR (II) ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU." |
|
APPROVED |
KnossosDomovoi Curator |
| Slack |
"OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER CUSTOMER’S OR THE SLACK EXTENDED FAMILY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE CONTRACT OR THE USER TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY." |
|
APPROVED |
KnossosDomovoi Curator |
| X |
"IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TWITTER ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S.
DOLLARS (U.S.
$100.00) OR THE AMOUNT YOU PAID TWITTER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TWITTER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.<br>" |
|
APPROVED |
Dr_Jeff Staff |
| Patreon |
"If you lose money as a result of using Patreon, any payment to you is limited to the amount of money we have earned through your use of Patreon." |
|
APPROVED |
Dr_Jeff Staff |
| Minecraft |
"
If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free)." |
|
APPROVED |
AgnesDeLion Staff |
| Ting Inc. |
"TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TING, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
</p>" |
|
APPROVED |
AgnesDeLion Staff |
| Amazon AWS |
"AWS’S AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY FOR ANY BETA SERVICES AND BETA REGIONS WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.<br>
</p>" |
|
APPROVED |
AgnesDeLion Staff |
| Adobe Services |
"Our total liability in any matter arising out of or related to the Terms is limited to the greater of (A) US $100.
or (B) the aggregate amount that you paid for access to the Services and Software during the three-month period preceding the event giving rise to the liability." |
|
APPROVED |
AgnesDeLion Staff |
| Fox News |
"IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES," |
|
APPROVED |
LonelyKirbyMain |
| Unity |
"<p>Unity’s aggregate liability arising out of or relating to these Terms, any Offering or any Projects thereof or related Third-Party Materials or Documentation will not exceed the greater of (a) $1,000 or (b) the total fees paid or payable by you to Unity for the relevant Offering in the twelve (12) months before the dispute.</p>" |
|
APPROVED |
AgnesDeLion Staff |
| Blooket |
"BLOOKET’s aggregate liability arising out of or in connection with these Terms will not exceed the total amounts you have paid (if any) to BLOOKET under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability." |
|
APPROVED |
EarldridgeJazzedPineda |
| Medal.tv |
Any liability on behalf of the service is only limited to 100 euros |
|
APPROVED |
Dimalsing |
| Netlify |
"LIMITED TO NO MORE THAN THE LESSER OF (A) THE TOTAL FEES PAID BY CUSTOMER IN THE THEN-CURRENT MONTH OR (B) ONE HUNDRED DOLLARS (US $100)." |
|
APPROVED |
DJJ05 |
| English Grammar 101 |
"In no event shall Cingletree, its affiliates, agents, managers, members, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Cingletree hereunder or $100.00, whichever is greater." |
|
APPROVED |
DJJ05 |
| Red Shield VPN |
"OUR TOTAL AGGREGATE LIABILITY IN ANY CASE SHALL NOT EXCEED YOUR TOTAL AMOUNT PAID FOR THE SERVICES." |
|
APPROVED |
DJJ05 |
| MEE6 |
"In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.</strong>" |
|
APPROVED |
DJJ05 |
| Statcounter |
"OUR LIABILITY WILL NOT EXCEED THE PURCHASE PRICE OF THE SERVICES.</li>" |
|
APPROVED |
EarldridgeJazzedPineda |
| globalcomix |
Any liability on behalf of the service is only limited to $100.00 |
|
PENDING |
Aayan |
| CurseForge (DEPRECATED) |
"IN NO EVENT SHALL OVERWOLF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OVERWOLF'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS EXCEED U.S.
$100.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU." |
|
APPROVED |
(deactivated) Suspended |
| Hola VPN |
"IN NO EVENT, SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED FIFTY DOLLARS ($50.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY." |
|
PENDING |
user35335 |
| Spotify |
"OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SPOTIFY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SPOTIFY DURING THE PRIOR TWELVE MONTHS IN QUESTION.</p>" |
|
QUOTE NOT FOUND |
Dr_Jeff Staff |
| Fandom |
"IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FANDOM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.</p>" |
|
QUOTE NOT FOUND |
Peepo Staff |
| Discord |
"THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) $100.
" |
|
QUOTE NOT FOUND |
Dr_Jeff Staff |
| Pinterest |
"If you see bad stuff, please report it to us here. </p>
</li>
</ul> 10.
Limitation of liability <ul>
<li>
<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINTEREST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL PINTEREST'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S.
DOLLARS (U.S.
$100.00).</p>
<p>If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply.
Instead, Pinterest’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract.
Pinterest isn’t liable for damages that result from a non-material breach of any other applicable duty of care.
" |
|
PENDING |
docbot Bot |
| Flickr |
"TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SMUGMUG’S RECORDS, PROGRAMS OR SERVICES.</p>
<p>IN NO EVENT WILL THE AGGREGATE LIABILITY OF SMUGMUG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE FLICKR MATERIALS, EXCEED COMPENSATION YOU PAY, IF ANY, TO SMUGMUG FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.
" |
|
PENDING |
docbot Bot |
| 500px |
"IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES.
TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, 500PX’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO (A) US$100.00 IF THE CLAIM IS UNRELATED TO THE LICENSING OF VISUAL CONTENT.
OR (B) THE TOTAL FEES COLLECTED BY 500PX FOR THE VISUAL CONTENT THAT IS THE SUBJECT MATTER OF THE CLAIM IF THE CLAIM IS RELATED TO THE LICENSING OF VISUAL CONTENT, WITH THE UNDERSTANDING THAT 500PX IS NOT RESPONSIBLE FOR THE MISUSE OF VISUAL CONTENT BY DISTRIBUTORS OR ANY OTHER THIRD PARTY UNDER ANY CIRCUMSTANCES.</p>
" |
|
PENDING |
docbot Bot |
| Amazon |
"f.
Disclaimer of Warranties and Limitation of Liability.
Without limiting the Disclaimer of Warranties and Limitation of Liability terms in the Amazon.com Conditions of Use, (1) unless otherwise provided by Amazon, your Amazon Device may be subject to a limited warranty, and (2) unless otherwise required by applicable law, in no event will our or our licensors' aggregate liability for any claim arising from or relating to this Agreement or use of your Amazon Device with respect to any claim exceed the greater of fifty dollars ($50.00) and the amount you actually paid for your Amazon Device.</strong>
</p>
<p>
<strong>g.
Contact Information.</strong> " |
|
PENDING |
docbot Bot |
| Schoology |
"TRANSACTIONS RELATING TO ANY SUCH THIRD PARTY PRODUCTS, SERVICES AND/OR PROMOTIONS, AND ANY TERMS ASSOCIATED THEREWITH, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTIES.
SCHOOLOGY DOES NOT SUPPORT, ENDORSE OR MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING, ANY SUCH THIRD PARTY PRODUCTS, SERVICES AND/OR PROMOTIONS, AND IN NO EVENT WILL SCHOOLOGY HAVE ANY LIABILITY WHATSOEVER IN CONNECTION THEREWITH.</p>
<p>
IN NO EVENT WILL SCHOOLOGY, ITS DEVELOPERS, OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF ANTICIPATED BENEFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF OR DAMAGE TO DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR AS A RESULT OF THIS AGREEMENT, THE USE OF OR INABILITY TO USE THE PRODUCTS OR THE PROVISION OF SERVICES, EVEN IF SCHOOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL SCHOOLOGY’S, ITS DEVELOPERS’ OR SUPPLIERS’ ENTIRE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THIS AGREEMENT EXCEED THE GREATER OF TWENTY FIVE DOLLARS ($25) OR THE AMOUNT YOU ACTUALLY PAID SCHOOLOGY IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.</p>
<p>
CERTAIN STATE LAWS, INCLUDING NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| HERE Technologies |
"17.
Limitation of Liability.</strong>
</p>
<p>To the fullest extent permitted by applicable law, in no event will the Company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the Service or the Content for direct damages in amounts that in the aggregate exceed the amount of fifty euros (€50).
The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable, or the company was advised of the possibility of such damages.</p>
<p>We are not responsible and may not be held liable for the actions or omissions of any third-party transportation services provider.
" |
|
PENDING |
docbot Bot |
| AT&T |
"If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator was selected, then AT&T will:<ul>
<li>pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater.
" |
|
PENDING |
docbot Bot |
| GoDaddy |
"You acknowledge and agree that in either case (i) or (ii) above, GoDaddy may withhold a dormancy charge in an amount equal to the lesser of $25.00 or the total outstanding account balance associated with such customer.
</p>
<strong>
" |
|
PENDING |
docbot Bot |
| Crowdin |
"ensure the lawfulness of the Client Data;</li>
<li>obtain the necessary rights to use the Client Data.
or</li>
<li>abide by any of the restrictions described in these Terms.</li>
</ul> 16.2 Limitation of Liability.
<p>IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CROWDIN AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY CLIENT HEREUNDER FOR THE CROWDIN SERVICES GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.
THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CLIENT’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION ABOVE.</p> 16.3 Exclusion of Consequential and Related Damages.
<p>" |
|
PENDING |
docbot Bot |
| Amazon |
"Limitation of Liability.
Without limiting the Disclaimer of Warranties and Limitation of Liability in the Amazon.com Conditions of Use, (1) in no event will our or our software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Kindle Application exceed the amount of fifty dollars ($50.00).
and (2) in no event will our or any other Content Provider's aggregate liability to you for all damages arising from your use of the Service (excluding the Kindle Application) exceed the amount you actually paid for the Kindle Content or for the aspect of the Service related to your claim for damages.
These limitations will apply to you even if the remedies fail of their essential purpose.</strong>
</p>
<p>
<strong>Contact Information.</strong> " |
|
PENDING |
docbot Bot |
| Amazon |
"(b) in no event will our total liability to you for all damages arising from your use of the Services or information, materials, or products included on or otherwise made available to you through the Services (excluding the Software), exceed the amount you paid for the Services related to your claim for damages.
and (c) we have no liability for any loss, damage, or misappropriation of Your Files under any circumstances or for any consequences related to changes, restrictions, suspensions, or termination of the Services or the Agreement.
These limitations will apply to you even if the remedies fail of their essential purpose.</p>
<p> 6.6 <strong>Notice to Illinois Residents</strong>.
The image recognition features of the Services are not initially enabled for residents of the State of Illinois.
" |
|
PENDING |
docbot Bot |
| Amazon |
"4.4 Limitations of Liability.</strong> Without limiting the disclaimer of warranties and limitation of liability in the Amazon.com Conditions of Use, in no event will our or our licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Service exceed the amount of fifty dollars ($50.00).
These limitations will apply to you even if the remedies fail of their essential purpose.</p>
<p>
<strong>4.5 Contact Information.</strong> " |
|
PENDING |
docbot Bot |
| Amazon |
"5.6 Limitation of Liability</strong>.
Without limiting the disclaimer of warranties and limitation of liability in the Amazon.com Conditions of Use, in no event will our total liability to you for all damages arising out of or related to the Program exceed the amount you paid for any Purchased Coins that you have not redeemed.
This limitation will apply to you even if the remedies fail of their essential purpose.
" |
|
PENDING |
docbot Bot |
| StartMail |
"THE LIABILITY OF StartMail AGAINST THE USER, ON WHATEVER GROUND (INCLUDING FAILURE TO COMPLY WITH A WARRANTY OBLIGATION), SHALL BE LIMITED TO THE SUBSCRIPTION FEES PAID BY THE USER, UP TO A MAXIMUM OF € 500.00 (FIVE HUNDRED EURO), EXCLUDING VAT, WHEREBY A SERIES OF CONNECTED EVENTS SHALL BE CONSIDERED A SINGLE EVENT." |
|
APPROVED |
shadowwwind Staff |
| Proton AG |
"Without limitation of the foregoing, and to the extent not prohibited by law, the total liability of the Company’s parties for any reason whatsoever arising out of or related to the use of, or inability to use, your Account or the Services, or these Terms, shall not exceed $100, or the amount you paid us, if any, for use of your Account or the Services, whichever amount is greater. This liability, if any, shall be complete and exclusive. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose." |
|
APPROVED |
shadowwwind Staff |
| Kagi |
"THE COLLECTIVE LIABILITY OF KAGI AND THE INDEMNIFIED PARTIES UNDER THIS AGREEMENT WILL NOT EXCEED $500 (FIVE HUNDRED DOLLARS)." |
|
APPROVED |
shadowwwind Staff |
| Meredith |
"<br>
<br>CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.<br>
<br>
<strong>11.
Limitation of Liability.</strong>
<br>
<br>
<strong>11.1 <u>Disclaimer of Certain Damages.</u>
</strong> TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW, THE MEREDITH PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT MEREDITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.<br>
<br>
<strong>11.2 <u>Cap on Liability.</u>
</strong> UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE MEREDITH PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO MEREDITH BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (C) " |
|
PENDING |
docbot Bot |
| McGraw-Hill Education |
"WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE MCGRAW HILL CONTENT, SITES, THE SERVICES, OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS OF USE AND IN NO EVENT SHALL THE LIABILITY OF MCGRAW HILL OR ITS LICENSORS FOR WHATEVER CAUSE EXCEED THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE MCGRAW HILL CONTENT, THE SITES, OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT THE FOREGOING EXCLUSION OF LIABILITY IS NOT PERMITTED UNDER APPLICABLE LAW, MCGRAW HILL'S LIABILITY IN SUCH CASE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.</p>
</li>
<li>
<p>
<b>INFRINGEMENT NOTIFICATION.
</b>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Verizon Communications |
"OR IF WE DON'T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD OF THE AMOUNT AWARDED.
IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS' FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE.
" |
|
PENDING |
docbot Bot |
| ResearchGate |
"viruses.
or technical malfunctions.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to us for use of the Service over the past twelve (12) months, or one hundred dollars ($100), whichever is greater.
Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
" |
|
PENDING |
docbot Bot |
| 4ocean |
"AND FOR ANY CLAIMS BY EITHER PARTY FOR INFRINGEMENT OF THE PARTY’S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS (EXCLUDING FEES UNDER THE AGREEMENT).
4OCEAN’S MAXIMUM LIABILITY FOR ANY DAMAGES (OTHER THAN PERSONAL INJURY CLAIMS AS SPECIFIED ABOVE) ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR ANY PRODUCT PURCHASED FROM 4OCEAN, OR CUSTOMER'S ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY PAID TO 4OCEAN FOR THE PRODUCTS UNDER THE ORDER THAT IS THE SUBJECT OF THE CLAIM.
" |
|
PENDING |
docbot Bot |
| Reddit |
"12.
Limitation of Liability</strong>
<p>IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE REDDIT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL.
ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE REDDIT ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S.
DOLLARS ($100) OR ANY AMOUNT YOU PAID REDDIT IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE REDDIT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.</p>
<strong>13.
Governing Law and Venue</strong>
<p>" |
|
PENDING |
docbot Bot |
| Amazon |
"Limitation of Liability</strong>
</p>
<p>Any dispute or claim arising from or relating to these Terms or your membership is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in the Amazon.com Conditions of Use.
You agree to those terms by signing up for Kindle Unlimited.
Without limiting the disclaimer of warranties and limitation of liability in the Amazon.com Conditions of Use, our total liability under these Terms will not exceed the total membership fees you paid in the twelve months prior to the claim.
</p>
<p> " |
|
PENDING |
docbot Bot |
| Amazon |
"4.7 Disclaimer of Warranties and Limitation of Liability.
Without limiting the Disclaimer of Warranties and Limitation of Liability terms in the Amazon.com Conditions of Use, and unless otherwise required by applicable law, in no event will our or our licensors' or our service providers' aggregate liability with respect to any claim arising from or relating to this Agreement or your use of Alexa exceed fifty dollars ($50).</strong>
</p>
<p>
<strong>4.8 Severability.</strong> " |
|
PENDING |
docbot Bot |
| Amazon |
"Any dispute or claim arising from or relating to the Agreement or the Amazon Appstore is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in the Amazon.com Conditions of Use at https://www.amazon.com/conditionsofuse.
You agree to those terms by entering into the Agreement or by using the Amazon Appstore.</strong>
</p>
<p>
<strong>4.6 Limitation of Liability.</strong>
</p>
<p>Without limiting the Disclaimer of Warranties and Limitation of Liability in the Amazon.com Conditions of Use: (i) in no event shall our or our software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Appstore Software exceed the amount of fifty dollars ($50.00).
and (ii) in no event shall our total liability to you for all damages arising from your use of the Amazon Appstore, the Apps, Amazon-Sold In-App Products or information, materials or products included on or otherwise made available to you through the Amazon Appstore exceed the amount you paid to us to purchase the App or Amazon-Sold In-App Product related to your claim for damages.
" |
|
PENDING |
docbot Bot |
| Amazon |
"4.5 Limitation of Liability.</strong> Without limiting the disclaimer of warranties and limitation of liability in the Amazon.com Conditions of Use, in no event will our or our licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use GameCircle or GameCircle Software exceed the amount of fifty dollars ($50.00).
These limitations will apply to you even if the remedies fail of their essential purpose.</p>
<p> " |
|
PENDING |
docbot Bot |
| eBuddy |
"The only remedy that you have if you think that you have suffered damage is to discontinue the use of the Service and/or to cancel your account.
In the event that eBuddy is liable for damages under applicable mandatory law, it can only be held liable for direct damages resulting from an attributable failure to perform its obligations under these Terms of Use and/or resulting from an unlawful act of eBuddy.
Direct damages in this respect exclusively mean: </p>
<ol>
<li>all reasonable costs incurred by you in order to have eBuddy perform its obligations under the Terms of Use;</li>
<li>all reasonable costs incurred by you in order to prevent or limit any direct damages as meant in this paragraph;</li>
<li>all reasonable costs incurred by you in order to establish the nature and scope of the direct damages as meant in this paragraph.</li>
</ol>
<p> The total compensation to you for any direct damages as meant in this paragraph shall in no event exceed EUR 1.000,--.
To the maximum extent permitted by applicable law, in no event shall eBuddy be liable for any special, incidental or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for loss of privacy arising out of or in any way related to the use of or inability to use the Services), even if eBuddy has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
" |
|
PENDING |
docbot Bot |
| Academia.edu |
"NEITHER ACADEMIA.EDU NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ACADEMIA.EDU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT FORESEEABLE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>
<p>IN NO EVENT WILL ACADEMIA.EDU’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED THE GREATER OF FIFTY DOLLARS ($50) AND SUBSCRIPTION FEES PAID BY YOU DURING THE 12 MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ACADEMIA.EDU AND YOU.
" |
|
PENDING |
docbot Bot |
| Minecraft |
"11.
<strong>LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the application or $1.00, whichever is greater.
" |
|
PENDING |
docbot Bot |
| SpeakerMatch |
"The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid.
but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law.
SpeakerMatch reserves the right to refer Your Billing Account to a third party for collection in the event of default.
" |
|
PENDING |
docbot Bot |
| coursera |
"Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S.
Dollars ($10,000.00 USD), either you or Coursera may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration.
The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and Coursera.
" |
|
PENDING |
docbot Bot |
| Foursquare |
"ALL LIABILITY OF FOURSQUARE, ITS SUBSIDIARIES AND AFFILIATES, EACH OF IT AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OUR SITES, SERVICES, CONTENT, USER SUBMISSIONS OR SAVE-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT THAT IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF FOURSQUARE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).</p>
<p>" |
|
PENDING |
docbot Bot |
| DeviantArt |
"OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT.
EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, DEVIANTART SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF DEVIANTART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES.
THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL DEVIANTART'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO DEVIANTART PURSUANT TO THIS AGREEMENT.</p>
<p>
<br>
</p>
<p>
<b>10.
Amendment of the Terms</b>
</p>
<p>" |
|
PENDING |
docbot Bot |
| AT&T |
"In addition, under certain circumstances (as explained below), AT&T will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what AT&T has offered you to settle the dispute.</p>
<p>
<b>
<i>
<u>Arbitration Agreement</u>
</i>
</b>
</p>
" |
|
PENDING |
docbot Bot |
| Myspace |
"NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYSPACE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MYSPACE FOR THE MYSPACE SERVICES DURING THE TERM OF MEMBERSHIP.
THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE FOREGOING EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF MYSPACE WAS ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE MYSPACE SERVICES).
" |
|
PENDING |
docbot Bot |
| Reputation.com |
"We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.</p>LIMITATION OF LIABILITY<p>
<strong>Types of Damages.</strong> NEITHER WE, NOR OUR THIRD PARTY SUPPLIERS, WILL BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY</p>
<p>
<strong>Amount of Damages.</strong> OUR MAXIMUM LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU HAVE PAID TO US PURSUANT TO THE ORDER THAT IS THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) US $50.00.
" |
|
PENDING |
docbot Bot |
| mint |
"LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, INCLUDING ADD-ON SERVICES, DEVICE OPERATING ENVIRONMENT, THE SITES OR THIS AGREEMENT, EVEN IF INTUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, INTUIT’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).</p>
<p>Back to Top</p>
" |
|
PENDING |
docbot Bot |
| SpiderOak |
"ARISING FROM OR IN CONNECTION WITH THE USE OF SERVICES, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPIDEROAK’S AGGREGATE LIABILITY EXCEED THE GREATER OF THE FEES PAID BY CUSTOMER RELATED TO SUCH SERVICES IN THE THREE (3) MONTHS IMMEDIATELY " |
|
PENDING |
docbot Bot |
| Instagram |
"We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.</li>
<li>Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow.
If there is an issue with our Service, we can't know what all the possible impacts might be.
You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible.
This includes when we delete your content, information, or account.
Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.</li>
<li>" |
|
PENDING |
docbot Bot |
| vBulletin |
"ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES.
NOTHING IN THESE TOU WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.</p>
<p>THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).</p>
<p>IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY.
TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN " |
|
PENDING |
docbot Bot |
| CouchSurfing |
"WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.</p>
<p>17.3.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100).</p>
<p>17.4.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Wire |
"b.
The cost of procurement of substitute goods, services or technology.
or</p>
<p>c.
The deletion of, corruption of, or failure to store any materials, information or data maintained by or through your use of the Apps, the Site and/or the Service.</p>
<p>13.2 Without limiting the foregoing, in no case shall the liability of the Company or any of the Related Parties exceed one hundred dollars ($100).</p>
<p>
<strong>Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company and its Related Parties shall be limited to the fullest extent permitted by law.</strong>
</p>" |
|
PENDING |
docbot Bot |
| HubSpot |
"OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF HUBSPOT OR ANY OF HUBSPOT'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>
<p>IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, HUBSPOT IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF HUBSPOT AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS. </p>
<p>" |
|
PENDING |
docbot Bot |
| Quora |
"YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE QUORA PLATFORM IS TO STOP USING THE QUORA PLATFORM.</li>
<li>WITHOUT LIMITING THE FOREGOING, QUORA’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE QUORA PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO QUORA IN CONNECTION WITH THE QUORA PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.</li>
<li>SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.
" |
|
PENDING |
docbot Bot |
| Crain's Chicago Business |
"SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THE LIABILITY OF CRAIN, ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION IN THE SERVICE SHALL NOT EXCEED THE AMOUNT, IF ANY,THAT YOU PAID TO CRAIN FOR USE OF THE SERVICE.</p>
<p>" |
|
PENDING |
docbot Bot |
| HubSpot |
""EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE ‘INDEMNIFICATION’ SECTION, OUR IP INDEMNIFICATION OBLIGATIONS UNDER THE ‘HUBSPOT INDEMNIFICATION’ SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY, ITS AFFILIATES OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE SUBSCRIPTION SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM".</p>
<strong>4. .
Jurisdiction Specific Terms</strong>
<br>
<p>If your Total Committed Subscription Value exceeds thirty-five thousand U.S.
dollars (USD$35,000) and you are contracting with the HubSpot entity in one of the countries listed below, then these relevant jurisdiction specific Additional Coverage Terms apply. .
" |
|
PENDING |
docbot Bot |
| WikiHow |
"AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL WIKIHOW, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO WIKIHOW HEREUNDER OR $100.00, WHICHEVER IS GREATER.
</p>
<p>THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WIKIHOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
" |
|
PENDING |
docbot Bot |
| Apple Services |
"and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.</p>
Limitation of Liability
<p>Except where prohibited by law, in no event will Apple be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Apple has been advised of the possibility of such damages.</p>
<p>If, notwithstanding the other provisions of these Terms of Use, Apple is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Apple’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Apple (but not including the purchase price for any Apple hardware or software products or any AppleCare or similar support program), or (2) US$100.00.
" |
|
PENDING |
docbot Bot |
| Apple Services |
"and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.</p>
Limitation of Liability
<p>Except where prohibited by law, in no event will Apple be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Apple has been advised of the possibility of such damages.</p>
<p>If, notwithstanding the other provisions of these Terms of Use, Apple is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Apple’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Apple (but not including the purchase price for any Apple hardware or software products or any AppleCare or similar support program), or (2) US$100.00.
" |
|
PENDING |
docbot Bot |
| Tumblr |
"WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TUMBLR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
</p>
<p> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF TUMBLR AND THE TUMBLR AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
</p>15.
Exclusions to Warranties and Limitation of Liability<p> Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you.
</p>16.
" |
|
PENDING |
docbot Bot |
| LastPass |
"LIMITATION ON INDIRECT LIABILITY.</strong> NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF OR RELATING TO: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, OR (v) COSTS OF RECOVERY, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR VIOLATION OF STATUTE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.</li>
<li>8.2.
<strong>LIMITATION ON AMOUNT OF LIABILITY.</strong> EXCEPT FOR YOUR BREACH OF SECTIONS 1.2 OR 4 AND YOUR INDEMNIFICATION OBLIGATIONS, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE SUM OF THE AMOUNTS PAID FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.
" |
|
PENDING |
docbot Bot |
| Apple Services |
"SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>f.
Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.</p>
<p>g.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained.
" |
|
PENDING |
docbot Bot |
| QuickBooks |
"9.
LIMITATION OF LIABILITY AND INDEMNITY.</strong> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR THE SERVICES AGREEMENT(S) TO THE CONTRARY.
THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.
SUBJECT TO APPLICABLE LAW, INTUIT, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: " |
|
PENDING |
docbot Bot |
| Mega |
"YOU SHALL INDEMNIFY US AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU GIVE ACCESS TO YOUR DATA, OF ANY OF THESE TERMS OR ANY POLICY REFERENCED IN THESE TERMS.
</p>
<p> 50 IF YOU ARE NOT SATISFIED WITH THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF OUR SERVICES AND THE CONTRACT YOU HAVE WITH US.
</p>
<p> 51 DESPITE THE ABOVE, IF ANY COURT OR OTHER COMPETENT AUTHORITY HOLDS US (THIS INCLUDES OUR OFFICERS, STAFF AND AGENTS) LIABLE FOR ANY MATTER RELATED TO THESE TERMS OR OUR SERVICES, OUR TOTAL COMBINED LIABILITY WILL BE LIMITED TO THE MOST RECENT SUBSCRIPTION AMOUNT YOU HAVE PAID TO US.
</p> Disputes and Choice of Law <p> 52 " |
|
PENDING |
docbot Bot |
| Yahoo! |
"THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING.<br>
<br> TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE STATED IN SECTION 14, VERIZON MEDIA ENTITIES ARE NOT LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS OR SERVICES FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO US FOR THE SERVICES.</p>
</li>
<li>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Evernote |
"ALTERNATIVE DISPUTE RESOLUTION PROCESS.</p>
<p>Unless you are subject to the Arbitration Agreement set out below, and subject to any applicable laws, if a claim arises between you and Evernote where the total value of such claim is less than US$10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person.
" |
|
PENDING |
docbot Bot |
| blogger |
"indirect or consequential loss</li>
<li>punitive damages</li>
</ul>
<li>Google’s total liability arising out of or relating to these terms is limited to the greater of (1) €500 or (2) 125% of the fees that you paid to use the relevant services in the 12 months before the breach</li>
</ul>
<p>If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms.
For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities.</p>" |
|
PENDING |
docbot Bot |
| Fox News |
"Limitation on Liability</strong>
</p>
<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND " |
|
PENDING |
docbot Bot |
| Signal |
"THE SIGNAL PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE SIGNAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
" |
|
PENDING |
docbot Bot |
| PayPal |
"We charge you a fee for receiving a chargeback claim.</li>
</ul>
<ul>
<li>If the payer used a bank account to fund the payment the payer or the bank could pursue a bank reversal.</li>
</ul>
<p>The amount claimed may be greater than the original amount you received due to currency exchange rate fluctuations between the time of payment and the time of the claim.</p>
<ul>
<li>we may have to compensate your payer when they claimed that there was a problem with their payment (including that their payment was unauthorised or incorrect or that their billing agreement payment was not expected) – see Resolving Problems.</li>
</ul>
<ul>
<li>we are entitled to carry out the reversal for any other reason under this user agreement, including the provision Actions We May Take if You Engage in Any Restricted Activities.</li>
</ul> " |
|
PENDING |
docbot Bot |
| IRCCloud |
"any representation, statement or tortious act or omission (including
negligence) arising under or in connection with this Agreement.</li>
</ol>
</li>
<li>Nothing in this Agreement excludes our liability:
<ol>
<li>for death or personal injury caused by our negligence.
or</li>
<li>for fraud or fraudulent misrepresentation.</li>
</ol>
</li>
<li>IRCCloud shall not be liable whether in tort (including for
negligence or breach of statutory duty), contract,
misrepresentation, restitution or otherwise for any loss of profits,
loss of business, depletion of goodwill and/or similar losses or
loss or corruption of data or information, or pure economic loss, or
for any special, indirect or consequential loss, costs, damages,
charges or expenses however arising under this Agreement.</li>
<li>To the extent that IRCCloud is liable under this Agreement,
IRCCloud’s total aggregate liability in contract, tort (including
negligence or breach of statutory duty), misrepresentation,
restitution or otherwise, arising in connection with the performance
or contemplated performance of this Agreement shall be limited to
the total Fees paid in the twelve (12) month period immediately
preceding the date on which the liability arose.</li>
</ol> 14.
" |
|
PENDING |
docbot Bot |
| IRCCloud |
"planned maintenance for which 24 hours advance notice will be given.
or</li>
<li>unscheduled maintenance, during which we will use reasonable endeavours to keep you up to date.</li>
</ul>
<p>IRCCloud will, as part of the Paid Service, use
reasonable endeavours to provide a level of support that is appropriate to the
nature of any issues requiring support during normal business hours (UK
time).</p>
<p>Unfortunately, due to the nature of the Internet and technology,
the Service is (save as provided above) provided on an “as
available” and “as is” basis.
This means that we are unable to promise that
your use of the Service will be uninterrupted, without delays, error-free or
meet your expectations and we do not give any commitment relating to the
performance or availability of the Service in these Terms of Service and, to
the extent we are able to do so, we exclude any commitments that may be implied
by law.</p>
<p>In the event of a claim arising out of the provision of the
Service, our responsibility to you will never be more than the amount you have
paid us for the use of the Service in the 12 months prior to the claim
arising.</p>
<p>" |
|
PENDING |
docbot Bot |
| TinEye |
"OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.</p>
<p>13.2 <strong>Limitation on Amount of Liability.</strong> OTHER THAN CUSTOMER’S LIABILITY FOR FEES DUE, NEITHER PARTY, NOR ITS LICENSORS OR SUPPLIERS, MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO IDÉE DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.</p>
<p>13.3 <strong>Exceptions to Limitations.</strong> These limitations of liability do not apply to breaches of confidentiality obligations, or violations of a party's Intellectual Property Rights by the other party.</p>
<p>14.
<strong>Miscellaneous.</strong>
</p>
<p>14.1 <strong>Notices.</strong> " |
|
PENDING |
docbot Bot |
| X |
"No advice or information, whether oral or written, obtained from the Twitter Entities or through the Services, will create any warranty or representation not expressly made herein.<br>
</p> Limitation of Liability <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TWITTER ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
(iii) ANY CONTENT OBTAINED FROM THE SERVICES.
OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TWITTER ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S.
DOLLARS (U.S.
$100.00) OR THE AMOUNT YOU PAID TWITTER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TWITTER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.<br>
</p> " |
|
PENDING |
docbot Bot |
| ChatPDF |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US  .
DURING THE one (1) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING .
 .
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| TomTom |
"Furthermore, TomTom does not endorse any User Contributed Data or any opinion, recommendation, or advice expressed therein, and TomTom expressly disclaims any and all liability in connection with your access to and use of such User Contributed Data.
TomTom is merely acting as a passive channel for the distribution of User Contributed Data and is not undertaking any obligation or liability relating to any User Contributed Data or activities of users.
Even in the event TomTom chooses to monitor any User Contributed Data, TomTom assumes no responsibility for, or any obligation to monitor or remove, such User Contributed Data.</p>
<p>That said, if TomTom is found to be liable to you for any damage that is in any way related to your (inability to) use and/or access to or the performance of a Products, Services, Apps, User Data, User Contributed Data and/or any Third-Party Materials, TomTom's liability (i) for paid Products, Services or Apps shall be limited to the amount actually paid by you for the Products, Services or Apps in question, and (ii) for free-of-charge Services, Apps, User Contributed Data and your User Data, it shall be limited to the amount of US $350.00.</p>
<p>Notwithstanding any of the above or anything else contained in these Terms and Conditions, nothing in these Terms and Conditions limits either party’s liability for death or personal injury resulting from its own negligence.</p>
<p>Applicable mandatory national legislation may not allow the limitations or exclusions of liability set forth in these Terms and Conditions.
If prohibited by applicable mandatory national legislation, the above limitation of liability does not affect your rights under said applicable mandatory national legislation.
" |
|
PENDING |
docbot Bot |
| Meetup |
"Our liability in connection with the Platform is limited to the fees you paid to us in the 12 months preceding the claim or $100, whichever is greater.</p>
<p>
<strong>8.1 Warranty Disclaimer.</strong> " |
|
PENDING |
docbot Bot |
| Wire |
"b.
The cost of procurement of substitute goods, services or technology.
or</p>
<p>c.
The deletion of, corruption of, or failure to store any materials, information or data maintained by or through your use of the Apps, the Site and/or the Service.</p>
<p>13.2 Without limiting the foregoing, in no case shall the liability of the Company or any of the Related Parties exceed one hundred dollars ($100).</p>
<p>
<strong>Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company and its Related Parties shall be limited to the fullest extent permitted by law.</strong>
</p>" |
|
PENDING |
docbot Bot |
| DesignCrowd |
"11.4 To the maximum extent permitted by law, in relation to Our Services and the subject matter of this Agreement in no event shall We or Our employees, officers, representatives and directors be liable for any loss of profits, management time, savings, contracts, revenue, interest, goodwill, data, or for any penalties, fines, or for any consequential, special, indirect, or exemplary damages, costs, expenses, or losses (including negligence).
</p>
<p> 11.5 To the maximum extent permitted by law, You agree that We, Our employees, officers, representatives and directors shall not be liable to You for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to this Agreement (whether that liability arises in contract, tort (including negligence) or statute) which are not otherwise excluded or limited for an aggregate amount in excess of the sum of the applicable Fees in respect of the transaction or project that gave rise to the relevant loss.
</p>
<p> 12 Indemnity </p>
<p> " |
|
PENDING |
docbot Bot |
| Ring LLC |
"APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>
LIMITATIONS OF LIABILITY
<p>IN NO EVENT SHALL RING’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS.
THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
RING DISCLAIMS ALL LIABILITY OF ANY KIND OF RING’S LICENSORS AND SUPPLIERS.
" |
|
PENDING |
docbot Bot |
| Twitch |
"TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL TWITCH OR THE TWITCH PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE TWITCH SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM TWITCH, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO TWITCH’S RECORDS, PROGRAMS, OR SERVICES.
AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TWITCH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE TWITCH SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE TWITCH SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, TWITCH SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.</p>
<p>
<strong>ii.
Reference Sites</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Kolab Now |
"Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement.
To the extent permitted by applicable law, we exclude all such warranties.</p>
<strong>LIABILITY</strong>
<p>Each Party shall without limitation be liable for damages caused by injury or death of any person employed or contracted by the other Party which is caused by any breach of contract.</p>
<p>To the extent permitted by the law, the liability of Apheleia IT AG and its staff for lost profits, revenues, or data, financial losses or any other indirect, special, consequential, exemplary, or punitive damages is excluded.
In particular, our liability for slight negligence, as well as our liability for auxiliary persons, is excluded.</p>
<p>To the extent permitted by law, the total liability of Apheleia IT AG for any claim under these terms, including for any implied warranties, is limited to the amount paid in the past year of usage of the service.</p>
<p>" |
|
PENDING |
docbot Bot |
| Good ToDo |
"ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE YOU IN RELIANCE ON SUCH INFORMATION, OR FOR DIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SUBSCRIBER AGREES THAT THE LIABILITY OF CREATIVE GOOD PROJECTS, LLC, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION IN THE SERVICE, SHALL NOT EXCEED THE AMOUNT THAT YOU PAID FOR USE OF THE SERVICE.</li>
" |
|
PENDING |
docbot Bot |
| Playlectric |
"AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE ASSETS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.</p>
10.
Limitation of Liability
10.1
<p>Playlectric AND ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES TOTAL LIABILITY TO END-USER FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNTS PAID TO END-USER BY END-USER IN THE PAST SIX MONTHS FOR THE ASSETS RELATING TO THE DISPUTE.
" |
|
PENDING |
docbot Bot |
| Blizzard |
"Limitations of Liability.</strong> Blizzard, its parent, subsidiaries, Licensors and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Platform or Account(s).
Blizzard’s liability shall never exceed the total fees paid by you to Blizzard during the six (6) months prior to your making a claim against Blizzard.
Because some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, Blizzard’s liability shall be limited to the fullest extent permitted by law.</p>
</li>
<li>
<p>
<strong>Indemnity.</strong> " |
|
PENDING |
docbot Bot |
| Penguin Random House |
"IN NO EVENT SHALL PRH OR ANY AFFILIATED PRH ENTITY OR INDIVIDUAL, LICENSOR OR VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF PRH OR A PRH AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL PRH’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF THE AGREEMENT AND YOUR USE OF THE SITES AND THE CONTENT EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT PURCHASED BY YOU ON THE SITES OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES.</p>
" |
|
PENDING |
docbot Bot |
| NordVPN |
"ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, THE LIABILITY OF NORD SHALL NOT EXCEED WHAT THE CLIENT PAID TO NORD AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE.</p>
<p>10.
Indemnification</p>
<p>" |
|
PENDING |
docbot Bot |
| Upwork |
"OR OTHERWISE (EVEN IF UPWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM THE PERFORMANCE OR MISPERFORMANCE OF THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.<b>3.2.
Damages Cap:</b>EXCEPT AS LIMITED BY APPLICABLE LAW, REGARDLESS OF THE BASIS FOR YOUR CLAIM, UPWORK’S, LICENSORS’ AND THIRD PARTY PROVIDERS’ TOTAL LIABILITY UNDER THIS EULA SHALL BE LIMITED TO DIRECT DAMAGES WHICH SHALL NOT EXCEED THE AMOUNT OF FEES PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM, OR ONE U.S.
DOLLAR ($1.00), WHICHEVER IS LESS.
" |
|
PENDING |
docbot Bot |
| RackNerd |
"Use our services at your own-risk.</p>
<p>Please be aware that your sole remedy for any dispute with us is the cancellation of your account.
By using our services, you agree that we, our suppliers, affiliates, and agents will not be accountable for any monetary amount or claim that exceeds the total amount of fees that you have paid during the use of our services.</p>
<p>You agree to defend, indemnify and hold harmless our employees, officers, directors, agents, suppliers, from all liabilities, claims, expenses (including attorney fees) which arise from any claims including: loss of profits, data loss, work stoppage, hardware failure or malfunction, service interruption, any other commercial damages or losses, or your use or misuse of services.</p>
<p>Client consents that any legal action, or proceeding shall be through Arbitration according to the laws of the State of California.
Jurisdiction and venue will be San Bernardino County, California.</p>
<p>As some states or jurisdictions allow for the exclusion or limitation of incidental damages, in such states and situations, our liability and the liability of our employees, officers, directors, agents, and suppliers, will be limited to the fullest extent permitted by law.</p>
" |
|
PENDING |
docbot Bot |
| Google |
"indirect or consequential loss</li>
<li>punitive damages</li>
</ul>
<li>Google’s total liability arising out of or relating to these terms is limited to the greater of (1) €500 or (2) 125% of the fees that you paid to use the relevant services in the 12 months before the breach</li>
</ul>
<p>If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms.
For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities.</p>" |
|
PENDING |
docbot Bot |
| Google Analytics |
"10.
DISCLAIMER OF WARRANTIES.
<p> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, GOOGLE MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.
</p> 11.
LIMITATION OF LIABILITY.
<p> TO THE EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF GOOGLE OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
GOOGLE'S (AND ITS WHOLLY OWNED SUBSIDIARIES’) TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED $500 (USD).
</p> 12.
Proprietary Rights Notice.
<p> " |
|
PENDING |
docbot Bot |
| Slack |
"WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CUSTOMER ACKNOWLEDGES THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.</p>Limitation of Liability<p>OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER CUSTOMER’S OR THE SLACK EXTENDED FAMILY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE CONTRACT OR THE USER TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY.
" |
|
PENDING |
docbot Bot |
| Microsoft Services |
"11.
<strong>LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the application or $1.00, whichever is greater.
" |
|
PENDING |
docbot Bot |
| Bumble |
"BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU.
IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).</p>
<p>THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK.
" |
|
PENDING |
docbot Bot |
| LogMeIn |
"LIMITATION ON INDIRECT LIABILITY.</strong> NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF OR RELATING TO: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, OR (v) COSTS OF RECOVERY, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR VIOLATION OF STATUTE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.</li>
<li>8.2.
<strong>LIMITATION ON AMOUNT OF LIABILITY.</strong> EXCEPT FOR YOUR BREACH OF SECTIONS 1.2, 4.1 OR 4.3 AND YOUR INDEMNIFICATION OBLIGATIONS, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE SUM OF THE AMOUNTS PAID FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS IMMEDIATELY " |
|
PENDING |
docbot Bot |
| Herbalife |
"SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.</p>
<p> YOU AGREE THAT WE AND OUR PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, THE OFFERINGS, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS SITE OR ITS RELATED INFORMATION OR PROGRAMS.
NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50).
" |
|
PENDING |
docbot Bot |
| NewsBlur |
"14.
Limitation of Liability
<p>In no event will NewsBlur, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to NewsBlur under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Hostelworld |
"Neither We nor any of Our directors, employees, affiliates or other representatives will be liable to you (or any member of your corporate group, your affiliates or any other person or party who has an interest in the booking) for: (i) indirect, punitive, special or consequential loss or damages, (ii) loss of data, income, profits, business, opportunity, reputation, goodwill or (iii) loss of or damage to property, in each case arising out of or in connection with the use of any information, products, services, facilities and/or the materials offered through the Hostelworld Sites, even if We have been advised of the possibility of such loss or damage, or such loss or damages were reasonably foreseeable.</p>
<p>5.4 Our maximum aggregate liability to you (and any other party that has an interest in the booking) in relation to any booking made through us (whether in contract, tort or otherwise) shall be limited solely to the value of the booking fee that has been paid for that booking.
" |
|
PENDING |
docbot Bot |
| Jagex (including RuneScape) |
"WE DO NOT ACCEPT RESPONSIBILITY FOR SUCH EQUIPMENT, SOFTWARE OR SERVICES.
</p>
<p>JAGEX EXPRESSLY DISCLAIMS LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY US OR OUR EMPLOYEES OR AGENTS IN CIRCUMSTANCES WHERE (A) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US OR BY ANY OF OUR EMPLOYEES OR AGENTS.
(B) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH.
OR (C) SUCH LOSS OR DAMAGE RELATES TO A BUSINESS.
BY USING A JAGEX PRODUCT OR SERVICES OFFERED BY JAGEX, YOU AGREE TO WAIVE ANY LEGAL DUTY OF CARE OWED TO YOU BY JAGEX, TO THE MAXIMUM EXTENT ALLOWED BY LAW.</p>
<p>TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, OUR TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING LIABILITY FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH A JAGEX PRODUCT OR THESE TERMS SHALL NOT EXCEED (IN AGGREGATE} THE MONETARY AMOUNT EQUIVALENT TO THE SUBSCRIPTION FEES, RELATING TO THE JAGEX PRODUCT, ACUTALLY PAID BY YOU TO JAGEX DURING THE TWELVE (12) MONTHS " |
|
PENDING |
docbot Bot |
| EteSync |
"OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.</li>
<li>WITHOUT DEROGATING FROM THE ABOVE, OUR AGGREGATE LIABILITY IN RESPECT OF ANY AND ALL CLAIMS WILL BE LIMITED TO THE LICENSE FEES RECEIVED FROM YOU DURING THE SIX MONTH PERIOD PRIOR TO FILING THE CLAIM AGAINST US.
" |
|
PENDING |
docbot Bot |
| Transifex |
"REGARDLESS OF LEGAL THEORY, WHETHER OR NOT TRANSIFEX HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(B) ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO TRANSIFEX IN THE THREE (3) MONTH PERIOD PRIOR TO THE CLAIM ARISING.
Some states do not allow the types of limitations in this paragraph, so they may not apply to you.</p>
Modifications
<p>" |
|
PENDING |
docbot Bot |
| SpiderOak |
"TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER CUSTOMER NOR SPIDEROAK AND ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS MAKE ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT.</p>
<p> </p>10.
Limitation of Liability.<p>TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR SPIDEROAK OR CUSTOMER’S INDEMNIFICATION OBLIGATIONS, NEITHER CUSTOMER NOR SPIDEROAK AND ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE UNDER THIS AGREEMENT FOR (i) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR (ii) LOSS OF USE, DATA, BUSINESS, REVENUES, PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, SPIDEROAK’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE LESSER OF $10,000 OR THE AMOUNT PAID BY CUSTOMER FOR THE SERVICES HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.</p>
<p> </p>11.
Disputes.<ul>
<p>A.
<strong>Informal Resolution</strong>.
SpiderOak strives to address disputes without the need to resort to a formal legal proceeding.
Before filing a claim, each party agrees to try to resolve the dispute by contacting the other party through the notice procedures in section 11(E).</p>
<p>B.
<strong>Agreement to Arbitrate</strong>.
" |
|
PENDING |
docbot Bot |
| experteer |
"Any further-reaching liability for freedom from viruses is excluded.
</li>
<li> The user is not entitled to any claims from this guarantee if the cause of the defect relates to the fact that the user has failed to comply with own obligations or has modified the Experteer software or had it modified.
</li>
<li> If the user is a company within the meaning of Section 14, BGB (German Civil Code), previously mentioned rights can only be asserted within one year of the Experteer software made available to it.
</li>
</ol>
</dd>
<dt> § 10 Limitations of liability </dt>
<dd>
<ol>
<li> Irrespective of the legal basis, Experteer’s liability is limited to damage caused by intention or gross negligence.
However, this limitation on liability does not apply for any injury or harm to life, body or health, to the breach of major obligations and to claims arising under the Product Liability Act.
</li>
<li> Where Experteer is liable as a result of simple negligence, the compensation claim shall be limited to such damage as must typically be expected and to a total compensation claim of £ 5000.
</li>
<li> Claims for consequential damage, especially damage to hardware, software, or damage incurred due to data loss of the user or lost profit shall be completely excluded.
</li>
<li> If and to the extent Experteer’s liability is excluded or limited, such exclusion shall also apply to the personal liability of Experteer’s employees, job holders, workers, representatives and agents.
</li>
<li> " |
|
PENDING |
docbot Bot |
| Blogspot |
"indirect or consequential loss</li>
<li>punitive damages</li>
</ul>
<li>Google’s total liability arising out of or relating to these terms is limited to the greater of (1) €500 or (2) 125% of the fees that you paid to use the relevant services in the 12 months before the breach</li>
</ul>
<p>If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms.
For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities.</p>" |
|
PENDING |
docbot Bot |
| CNet |
"THE CBS INTERACTIVE PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.</p>
<p>THE CBS INTERACTIVE PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), YOUR USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), THESE TERMS OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE CBS INTERACTIVE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). .
IN NO EVENT WILL THE CBS INTERACTIVE PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO CBS INTERACTIVE FOR ACCESS TO THE RELEVANT SERVICE IN THE THREE MONTHS " |
|
PENDING |
docbot Bot |
| Pure Dating |
"The arbitration shall be conducted by a single,
neutral arbitrator.
Any claims or disputes where the total amount of the award sought
is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding
non-appearance-based arbitration, at the option of the party seeking relief.
" |
|
PENDING |
docbot Bot |
| Indiegogo |
"(E) THE USE
OF OR INABILITY TO USE THE.
(F) ANY COMMUNICATIONS OR OTHER
INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
OR (G)
YOUR CAMPAIGNS OR CONTRIBUTIONS.
</p>
<p>
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF INDIEGOGO AND ITS
AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SERVICES, OR
USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED
THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO INDIEGOGO BY YOU HEREUNDER, OR
ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE.
</p>
<p>
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS
OF NEW JERSEY.
</p>
</li>
</ol>
</li>
<li>
Export Compliance
<p>
You agree to comply with all applicable import, re-import, export, and
re-export control laws and regulations, including the Export Administration
Regulations, the International Traffic in Arms Regulations, and
country-specific economic sanctions programs implemented by the Office of
Foreign Assets Control.
" |
|
PENDING |
docbot Bot |
| Wikimedia |
"We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.
</p>
<p>Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law.
</p>
15.
Limitation on Liability
<p>
<i>Highlighted for emphasis</i>
</p>
The Wikimedia Foundation will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage.
In no event shall our liability exceed one thousand U.S.
dollars (USD 1000.00) in aggregate.
In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.
" |
|
PENDING |
docbot Bot |
| Loot Crate |
"Loot Crate™ does not make any warrantees or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.</p>
<p>
<strong>Limitation of Liability</strong>
</p>
<p>Neither Loot Crate™ nor its celebrity spokespersons shall be liable for any indirect, punitive, incidental, special, exemplary, or consequential damages or attorney's fees or costs, that result from the use of, or the inability to use, the site or materials on or provided through the site, even if Loot Crate™ has been advised of the possibility of such damages, and even if a remedy set forth in these Terms of Service is found to have failed its essential purpose.
In no event will Loot Crate's™ liability to you exceed the amounts that you paid to Loot Crate™ in connection with your Loot Crate™ membership or other purchases made on the Site.
" |
|
PENDING |
docbot Bot |
| Pornhub |
"provided, however, that payment will be made only when the minimum payout, based on net income, of one hundred dollars (US$100.00) has been reached.
" |
|
PENDING |
docbot Bot |
| Atlassian |
"and (c) the exclusive right to control and direct the investigation, defense, and settlement (if applicable) of the Claim.
If your use of the Cloud Products is (or in your opinion is likely to be) enjoined, whether by court order or by settlement, or if we determine such actions are reasonably necessary to avoid material liability, we may, at our option and in our discretion: (i) procure the right for your continued use of the Cloud Product in accordance with these Terms.
(ii) substitute a substantially functionally similar Cloud Product.
or (iii) terminate your right to continue using the Cloud Product and refund any prepaid amounts for the terminated portion of the Subscription Term.
Our indemnification obligations above do not apply: (1) if the total aggregate fees we receive with respect to your subscription to a Cloud Product in the twelve (12) month period immediately preceding the Claim is less than US$50,000.
" |
|
PENDING |
docbot Bot |
| TinEye |
"In no event shall the aggregate liability of TinEye, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, the Content or the Services exceed any compensation paid by you for access to or use of the Site, the Content or the Services, as the case may be, during the three months prior to the date of any claim.</p>
<p>You shall defend, indemnify and hold harmless TinEye and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of (i) your use of the Site, the Content and the Services, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party, and (ii) any demand, claim, allegation, suit or proceeding that you initiate, cause, defend or otherwise participate in in relation to your User Content (or any other intellectual property of yours or any other third party other than TinEye) and arising from, related to occurring in connection with your use of the Services.</p> 12.
Communications <p>Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances.
" |
|
PENDING |
docbot Bot |
| Discovery |
"(BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, THE LIABILITY OF THE DISCOVERY SITES, DISCOVERY COMMUNICATIONS, LLC AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE DISCOVERY SITES, DISCOVERY COMMUNICATIONS, LLC AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE DISCOVERY SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO DISCOVERY COMMUNICATIONS, LLC FOR THE USE OF THE DISCOVERY SITES.</p>
<p>
<strong>DISPUTE RESOLUTION</strong>
<br>
<strong>PLEASE READ THIS SECTION CAREFULLY.
" |
|
PENDING |
docbot Bot |
| Venmo |
"If we do not make a final decision on your claim until after your card issuer's deadline for filing a dispute, and because of our delay you recover less than the full amount you would have been entitled to recover from the card issuer, we will reimburse you for the remainder of your loss (minus any amount you have already recovered from the seller or your card issuer).</p>
<p>Before contacting your card issuer or filing a dispute with us under the Venmo Purchase Program, you should contact the seller to attempt to resolve your issue in accordance with the seller’s return policy.</p>" |
|
PENDING |
docbot Bot |
| HawkHost |
"Hawk Host does not warrant or represent that the services will be uninterrupted, error-free, or completely secure.
To the extent permitted by applicable law Hawk Host disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
To the extent permitted by applicable law, all services are provided on an "as is" basis.
</li>
<li>Limitation of Damages.
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Hawk Host and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.
</li>
<li> " |
|
PENDING |
docbot Bot |
| HawkHost |
"You and Hawk Host are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties.
You will have no authority to make or accept any offers or representations on our behalf.
You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
You are not an agent of the Hawk Host and Hawk Host expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
</li>
<li> We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages.
Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
</li>
<li> " |
|
PENDING |
docbot Bot |
| Ufile (DEPRECATED moved to service 5291) |
"IN NO EVENT WILL UPLOADFILES AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UPLOADFILES AND YOU.
" |
|
PENDING |
docbot Bot |
| lyft |
"(D) arise out of, or relate to, Fares (as defined in this Agreement, including Lyft’s commission or fees on the Fares), tips, or average hourly guarantees owed by Lyft to Drivers for Rideshare Services, other than disputes relating to referral bonuses, other Lyft promotions, or consumer-type disputes, or (E) arise out of or relate to background checks performed in connection with a user seeking to become a Driver (the subset of Claims in subsections (A)-(E) shall be collectively referred to as “Driver Claims”), Lyft shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by Lyft pursuant to the fee provisions above).
However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Rideshare Services to Riders, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above.
Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator.
" |
|
PENDING |
docbot Bot |
| Etsy |
"SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>LIABILITY LIMITS.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ETSY, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS.
IN NO EVENT SHALL ETSY’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID ETSY IN THE PAST TWELVE MONTHS.
" |
|
PENDING |
docbot Bot |
| FaceApp |
"In addition, FaceApp does not represent or warrant that our Services are accurate, complete, reliable, current or error-free.
While FaceApp attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components.
You assume the entire risk as to the quality and performance of the Services.</p>11.
Limitation of Liability<p>FACEAPP AND THE OTHER FACEAPP PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF FACEAPP OR THE OTHER FACEAPP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>THE TOTAL LIABILITY OF FACEAPP AND THE OTHER FACEAPP PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICES.</p>
<p>The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of FaceApp or the other FaceApp Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
" |
|
PENDING |
docbot Bot |
| Microsoft Services |
"11.
<strong>LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the application or $1.00, whichever is greater.
" |
|
PENDING |
docbot Bot |
| ello |
"AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ELLO’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF ELLO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO ELLO DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.</p>
<p>Entire Terms.
These terms and the rest of our legal terms (a Creative Brief and it’s Official Rules, and the Privacy Policy) constitute the entire agreement between you and us regarding the use of Ello.
Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision.
The section titles are for convenience only and have no legal or contractual effect.
" |
|
PENDING |
docbot Bot |
| Setlisting |
"THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.</p> Limitation of Liability <p>THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE AND SERVICE CONTENT.
UNDER NO CIRCUMSTANCES WILL THE COMPANY'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE ONE HUNDRED DOLLARS ($100).
" |
|
PENDING |
docbot Bot |
| Setlist.fm |
"OR OMISSIONS IN ANY CONTENT.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US.
OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.
OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH.
" |
|
PENDING |
docbot Bot |
| Viagogo |
"We make no warranty with respect to the software, tickets, events, and services provided on the Site, or that sellers or buyers will perform as promised, and We expressly disclaim all such warranties, whether express, statutory or implied, including without limitation any warranties of quality, title, non-infringement of third party rights or fitness for a particular purpose.
Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
</p>
<p>
<b>6.2 Waiver of Consequential Damages.
Liability Limit.</b> We expressly disclaim any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services, the site, or the suspension, termination or malfunction of the services or the site.
Our liability to You or anyone else in any circumstance is limited to the lesser of (a) £200, and (b) the total value of all tickets and other items you bought and/or sold via the Site during the action allegedly giving rise to liability.
" |
|
PENDING |
docbot Bot |
| Airbnb |
"Except for our obligation to transmit payments to Hosts under these Terms, or make payments under the Airbnb Host Guarantee or Japan Host Insurance, in no event will Airbnb’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Airbnb Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S.
dollars (US$100).
</strong>
</p>
<p>
<strong>These limitations of liability and damages are fundamental elements of the agreement between you and Airbnb.
If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.</strong>
</p>
<p>
<strong>20.
Indemnification</strong>.</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Patook |
"The $250 in damages is a reasonable approximation of the damages that Patook will incur, from lost user revenue and damage to Patook's reputation, due to a breach of this paragraph.
You agree to pay the whole amount within 30 days of receiving a notification from Patook LLC.
A breach of this Paragraph shall occur for each inappropriate picture sent to each user." |
|
PENDING |
docbot Bot |
| envato |
"50.
Our liability to you in connection with Envato Market or these terms, in contract, tort (including negligence) or otherwise, is limited as follows: </p>
<ol>
<li>we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense.
and;</li>
<li>our total liability to you is limited to the greater of USD100 and the total buyer fees paid by you in the 12 months before liability accrued.</li>
" |
|
PENDING |
docbot Bot |
| craigslist |
"and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with CL.
CL Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to CL, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss.
Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.</p>
<p>
<b>CLAIMS &.
" |
|
PENDING |
docbot Bot |
| Who.is |
"To the extent some jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you</p>
</li>
<li> Limitation of Liability <p>You agree that Who.is's entire liability, and your exclusive remedy, with respect to any of our services provided under this Agreement and/or for any breach of this Agreement, is solely limited to the amount you paid to us for that service.
Who.is (including its agents, affiliates, officers, principals, owners, directors, employees, and contractors) shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the services, or for the cost of obtaining of substitute services.
" |
|
PENDING |
docbot Bot |
| Feedly |
"The arbitration shall be conducted by a single, neutral arbitrator.
Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00 ) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.
" |
|
PENDING |
docbot Bot |
| Tidelift |
"and/or (b) reduce the fees paid, or due to be paid, to you for the applicable Service in an amount commensurate with the cost to the Subscriber to cover the breach and/or the cost to Tidelift to assist its Subscriber with covering the breach.
</p> 2 Payment 2.1 How much will you be paid? <p> Unless otherwise specified in the attached Lifter Information Form, Tidelift will pay you for the Services as determined based on our then-current payment algorithm.
" |
|
PENDING |
docbot Bot |
| NGP Van |
"7.3 <em>IF REMEDY FAILS ESSENTIAL PURPOSE</em>.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF A NON-BREACHING PARTY'S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
EACH PARTY ACKNOWLEDGES AND AGREES THAT THE PARTIES ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 7, THAT THE SAME REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS), AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
7.4 <em>Payment Adjustments for Other Proceeds</em>.
Any monetary obligation by us to you under Section 1.3, Section 5.2, or Section 6.2 of this Agreement (<em>"<strong>Loss</strong>"</em>)is limited to the amount of any Loss that remains after deducting therefrom any insurance proceeds and any indemnity, contribution, or other payment actually received by you from a party other than us in respect of any such claim, less any directly related costs and expenses not to exceed $50,000.00 (<em>"<strong>Proceeds</strong>"</em>).
" |
|
PENDING |
docbot Bot |
| Abine Blur |
"You acknowledge that our privacy services often include our blocking or interacting with third parties like advertisers, and that therefore our services will evolve when these third parties' methods and processes change.
For example, the online trackers our software blocks change as advertisers develop new tracking techniques and form new companies.
for DeleteMe, our removal list depends on the listed websites' opt-out procedures and business practices and thus is subject to change.
DeleteMe will not remove all of your information from the Internet and Blur (formerly DoNotTrackMe) will not block every single attempt to track your personal information.
As such, the DeleteMe service, content and site are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Consistent with what we stated above regarding damages, you agree that in any event, Abine's liability is limited to fees you actually paid to Abine.
</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| fivesquid |
"All fivesquid purchases incur an administration fee. </p>
<p>The administration fee is calculated as follows and is applied to the total payment amount at the time of purchase:</p>
<p> " |
|
PENDING |
docbot Bot |
| Veepn |
"the cost of procurement of substitute services;</li>
<li> unauthorized access to or alteration of your transmissions or data, whether or not the circumstances giving rise to such cause may have been within the control of VeePN or of any vendor providing software, services, or support for the Site or Service.
</li>
</ol>
<p> To the maximum extent permitted by applicable law and under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise shall VeePN, its partners, affiliates, subsidiaries, members, officers, or employees be liable for any direct, special, indirect, consequential, or incidental damages, or for any other loss or damages of any arising out of or in connection with the use of or inability to use the Service, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or Device failure or malfunction, even if a representative of ours has been advised of the possibility thereof.
In no event will we be liable for any damages in excess of fifty US dollars ($50).
</p>
<p> Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages.
" |
|
PENDING |
docbot Bot |
| BlaBlaCar |
"</p>
<p>After the Trip, the Passengers shall have a period of 24 hours after the end of the Trip to submit a claim on the Trip to BlaBlaCar.
In the absence of claim of the Passengers within this period, BlaBlaCar shall consider the Trip confirmed.</p>
<p>From the time of this express or tacit confirmation, you shall have, as Driver, a credit payable on your Account.
This credit corresponds to the total amount paid by the Passenger at the time of confirmation of the Booking reduced by the Service Fees, i.e.
the Cost Contribution paid by the Passenger.</p>
<p>" |
|
PENDING |
docbot Bot |
| Humble Bundle |
"You may determine what portion of the total amount paid for a Bundle is attributed to (i) the rights holders of the Bundle Products.
(ii) various charities as presented through the Bundle.
and (iii) Humble Bundle as a tip for making the Service available.
To designate how you wish for your total amount paid to be split, click on the "Choose where your money goes" icon and then adjust the sliders to the positions you choose.
If you do not adjust the sliders, then the amount you pay will be split according to the defaults set by Humble Bundle.
Note that (A) the tip paid to Humble Bundle and (B) the amount to be paid to the various charities, are both optional.
" |
|
PENDING |
docbot Bot |
| TransferMate |
"14.5.2.
interruptions to the Transaction Service.</li>
</ul>
</li>
<br>
<li>14.6.
Our liability to You is limited to the lesser of (i) the amount paid by You hereunder during the three (3) month period immediately preceding the date the loss or damage first occurs, or (ii) CA$5,000.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so, to the extent not allowed by law, some of the above limitations may not apply.</li>
<br>
<li>14.7.
" |
|
PENDING |
docbot Bot |
| Yodata VPN |
"(v) for any disputes between users of the Service or between a user of the Service and a Third Party.
or (vi) for any other matter relating to the Service or any Third Party.
This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises the Company Parties of the possibility of such damages.
The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Company and you.
The products, information and services offered on and through the Service would not be provided to you without such limitations.</p>
<p>13.3.
Notwithstanding the foregoing, the sole and entire maximum liability of the Company Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the charges paid by you directly to company via the service, if any, for services provided solely and directly by Company to you in the three (3) months prior to such cause or claim or alternatively if there were no charges paid to the Company a maximum of One Hundred Dollars ($100).</p>
<p>13.4.
" |
|
PENDING |
docbot Bot |
| Pixiv |
"Notwithstanding the Company’s disclaimer set forth in Paragraphs 1 to 10 and the other provisions of these Terms of Use (referred to as the “Disclaimers”), in the case where the agreement between the Company and User relating to the Services (including these Terms of Use) constitutes a consumer contract specified in the Consumer Contract Act, the Disclaimers shall not apply and the following items shall apply: <ol>
<li>the Company will not bear any liability whatsoever for damage incurred by User because of the Company’s nonperformance of obligations due to the Company’s negligence (excluding gross negligence) or unlawful conduct by the Company and that has occurred due to special circumstances (including cases where the Company or User foresaw or could have foreseen the occurrence of damage).
</li>
<li>the Company will compensate for actual damage incurred by User arisen normally and directly because of the Company’s nonperformance of obligations due to the Company’s negligence (excluding gross negligence) or unlawful conduct by the Company.
provided, however that for User who incurred such damages in relation to fee-based services the amount of such compensation shall not exceed the total amount of payment for use fees etc.
that is actually received by the Company from the damaged User within the period of 1 month prior to happening of the cause of such damages, or for Uses who incurred such damages in relation to free services the amount shall not exceed 1,000 JPY.
</li>
" |
|
PENDING |
docbot Bot |
| TransferMate |
"or</li>
<li>14.5.2.
interruptions to the Transaction Service.</li>
</ul>
</li>
<br>
<li>14.6.
Our liability to You is limited to the lesser of (i) the amount paid by You hereunder during the three (3) month period immediately preceding the date the loss or damage first occurs, or (ii) £5,000.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so, to the extent not allowed by law, some of the above limitations may not apply.</li>
<br>
<li>14.7.
" |
|
PENDING |
docbot Bot |
| Arc Games |
"You will pay the fees for any arbitration you initiate, in accordance with the JAMS Rules.
However, if you initiate an arbitration after attempting to informally resolve a dispute in accordance with these Terms, and are seeking relief valued at $300 or less (both to you and us), PWE will pay all JAMS filing, administration, and arbitrator fees.
If your claim is for greater than $300 but less than $10,000, PWE will pay all such fees in excess of $20.
" |
|
PENDING |
docbot Bot |
| XVideos |
"AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.</p>
11.
Limitation of Liability
<p>TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).</p>
<p>" |
|
PENDING |
docbot Bot |
| JetBrains |
"ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE.
(B) ANY LOSS OR DAMAGES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF YOUR ACCESS TO THE JETBRAINS SITE IN ACCORDANCE WITH THESE TERMS, OR (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE JETBRAINS SITE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
</p>
<p> c) OUR TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR IN RELATION TO THESE TERMS IS LIMITED TO FIVE (5) US DOLLARS.
THIS LIMITATION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AMOUNT AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
</p>
<strong>Use of Trademarks</strong>
<p> The trademarks and logos ("Marks") displayed on the Site are the property of JetBrains or third parties.
" |
|
PENDING |
docbot Bot |
| The Walt Disney Company |
"In accordance with the JAMS Rules, the party initiating the arbitration (either you or Disney) is responsible for paying the filing fee.
However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer.
" |
|
PENDING |
docbot Bot |
| Apple Media Services (DEPRECATED) |
"SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>f.
Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.</p>
<p>g.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained.
" |
|
PENDING |
docbot Bot |
| Duolingo |
"LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY<p>IN NO EVENT WILL DUOLINGO BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF DUOLINGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DUOLINGO’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DUOLINGO FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY.
" |
|
PENDING |
docbot Bot |
| npm |
"You decide whether and how
to use and interact with such services.
npm does not make any warranty
regarding such services or content they may provide, and will not be
liable to you for any damages related to such services.
Use of such
third-party services may be governed by other terms and privacy notices
that are not part of this Agreement and are not controlled by npm.</p>
Limits on Liability
<p>
<strong>
<em>Neither npm nor any third-party service provider used by npm to
provide npm Services will, under any circumstances, be liable to you
for any indirect, incidental, consequential, special, or exemplary
damages related to your use of npm Services or this Agreement, whether
based on breach of contract, breach of warranty, tort (including
negligence, product liability, or otherwise), or any other pecuniary
loss, and whether or not npm has been advised of the possibility of such
damages.</em>
</strong>
</p>
<p>
<strong>
<em>To the maximum extent permitted by law, npm's liability to you for
any damages related to this Agreement, for any one or more causes and
regardless of the form of action, will not exceed $50.</em>
</strong>
</p>
<p>Some jurisdictions do not allow exclusion of certain warranties or
limits on liability for incidental or consequential damages.
" |
|
PENDING |
docbot Bot |
| JSTOR |
"As JSTOR is a not-for-profit organization responsible for ensuring the long-term availability and access of Content, in no event will JSTOR’s liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect.
OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, JSTOR, CONTENT, INFORMATION, MATERIALS, ACCESS SOFTWARE, OR OTHER SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS (“CONTENT PROVIDERS”) DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING THERETO " |
|
PENDING |
docbot Bot |
| Heroku |
"(c) in the event that a defect is maliciously concealed,</li>
<li>(d) in case of an injury to life, body or health,</li>
<li>(e) according to the German Product Liability Law.</li>
</ul>
<p>
<strong>10.2 Liability for Breach of Cardinal Duties.</strong> If cardinal duties are infringed due to slight negligence and if, as a consequence, the achievement of the objective of this Agreement including any applicable Order Form is endangered, or in the case of a slightly negligent failure to comply with duties, the very discharge of which is an essential prerequisite for the proper performance of this Agreement (including any applicable Order Form), the parties’ liability shall be limited to foreseeable damage typical for the contract.
In all other respects, any liability for damage caused by slight negligence shall be excluded.</p>
<p>
<strong>10.3 Liability Cap.</strong> Unless the parties are liable in accordance with “Unlimited Liability” section above, in no event shall the aggregate liability of each party together with all of its Affiliates arising out of or related to this Agreement exceed the total amount paid by Customer and its Affiliates hereunder for the Services giving rise to the liability in the 12 months preceding the first incident out of which the liability arose.
" |
|
PENDING |
docbot Bot |
| Merriam-Webster |
"AND (ii) FOR ANY DAMAGES, LOSSES AND/OR CAUSES OF ACTION EXCEEDING ONE THOUSAND U.S.
DOLLARS (US $1,000) IN THE AGGREGATE.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.</p>
<p>
<strong>Indemnification</strong>: " |
|
PENDING |
docbot Bot |
| E-Poll Surveys |
"THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.
OR </li>
<li>THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE E-POLL SITE OR THE SERVICE.
</li>
</ul> WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF E-POLL OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).
<p>
</p>
<p>Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of E-Poll and the Related Parties shall be limited to the fullest extent permitted by law.</p>
<p>
<strong>14.
MONITORING</strong>
</p>
<p>E-Poll shall have the right, but not the obligation, to monitor the content of the Service to determine compliance with this Agreement and any other operating rules established by E-Poll.
" |
|
PENDING |
docbot Bot |
| Shadow |
"BASIS, TO THE EXTENT PERMITTED BY LAW. </p>
<p>TO THE FULLEST EXTENT PERMITTED BY LAW, (A) BLADE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR THE TERMINALS.
(B) BLADE DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
AND (C) EXCEPT FOR ANY LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE, IN NO EVENT SHALL BLADE OR ITS AFFILIATES BE LIABLE TO THE USER OR ANY THIRD-PARTY FOR (1) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (2) ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, OR PROFITS, OR THE LOSS OF USER DATA OR CONTENT, OR (3) ANY DAMAGE TO USER’S HARDWARE OR SOFTWARE, EVEN, IN EACH CASE, IN CIRCUMSTANCES WHERE BLADE WAS WARNED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>IN ADDITION, OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW, BLADE AND ITS AFFILIATES’ LIABILITY FOR ALL CLAIMS RELATING TO ANY SERVICE WILL BE CAPPED AT THE HIGHER OF $100 OR THE AMOUNTS PAID BY THE USER TO BLADE FOR THE SERVICE CONCERNED, DURING THE SIX MONTHS " |
|
PENDING |
docbot Bot |
| Securicy |
"Subject to this article 12, the total liability of Securicy Data Solutions Ltd.
in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Agreement shall be limited to the subscription fee.</p>
<strong>13.
" |
|
PENDING |
docbot Bot |
| Sina Weibo |
"In no event shall SINA be the seller of the products or services and be liable for the product liabilities in relation to the products or services sold via SinaMall unless otherwise expressly provided on the Web Site.
In the case that SINA is held to be liable for any products or services sold through SinaMall, whether based on warranty, contract, tort or any other legal theory, you agree that SINA's maximum aggregate liability shall not exceed the amount actually paid by you for such product or service.</p>
Section 6.
Privacy Policy
<p>6.1 Information Collection, Sharing and Disclosure.
" |
|
PENDING |
docbot Bot |
| FileFactory |
"FURTHER, FILEFACTORY EXPRESSLY DISAVOWS ANY OBLIGATION TO DEFEND, INDEMNIFY OR HOLD AFFILIATE OR ANY AFFILIATE REPRESENTATIVES OR OWNERS HARMLESS IN CONNECTION WITH ANY LAWSUIT OR OTHER PROCEEDING ARISING OUT OF SUCH PARTICIPATION OR USE.
IN ADDITION, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF FILEFACTORY WILL REMAIN UNINTERRUPTED OR ERROR-FREE OR GENERATE ANY INCOME OR COMMISSIONS WHATSOEVER.</p> 15.
LIMITATION OF LIABILITY.
<p>FILEFACTORY, ITS PARENT COMPANIES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DESIGNEES CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR EXEMPLARY, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF DATA ARISING IN CONNECTION WITH THIS AGREEMENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, FILEFACTORY, ITS PARENT COMPANIES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DESIGNEES CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE AMOUNT PAID TO YOU DURING THE PAST SIX (6) MONTHS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY REGARDLESS WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE, TORT, VIOLATION OF 18 USC SECTION 2257 ET SEQ., ERRORS AND OMISSIONS, COPYRIGHT, TRADEMARK, PATENT, OR ANY OTHER CLAIM OR CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT.</p> 16.
TERM.
TERMINATION.
<p>Either party may terminate this Agreement at anytime by providing notice to the other party pursuant to Section 34 ("Notices").
" |
|
PENDING |
docbot Bot |
| Interfolio |
"DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS THE SITE OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR, OR TAKE ANY APPROPRIATE ACTION REGARDING, DISPUTES THAT YOU MAY HAVE WITH ANY OTHER REGISTERED USERS.</li>
</ol>
<p>IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CLAIM AROSE.
OR (II) TEN DOLLARS (U.S.
$10.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| DEPRECATED #8 |
"AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FANDOM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.</p>
<p>We do not exclude or limit in any way our liability to you where it would be unlawful to do so.</p>
<p>YOU ACKNOWLEDGE AND AGREE THAT FANDOM HAS OFFERED THE SERVICES, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY " |
|
PENDING |
docbot Bot |
| Samaritan's Purse Canada |
"IN NO EVENT SHALL SPC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS (THE “SPC PARTIES”) BE LIABLE FOR ANY GENERAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE SERVICES, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.</p>
<p>UNDER NO CIRCUMSTANCES SHALL ANY OF THE SPC PARTIES BE RESPONSIBLE FOR YOUR USE OR RELIANCE OF ANY CONTENT ACCESSED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE (INCLUDING THE FORUMS).</p>
<p>NOTWITHSTANDING ANY OTHER PROVISION HEREIN, SPC’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE , THE SERVICES, OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.</p>
<p>
<strong>11.
INDEMNIFICATION</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| TransferMate |
"or</li>
<li>14.5.2.
interruptions to the Transaction Service.</li>
</ul>
</li>
<li>14.6.
Our liability to You is limited to the lesser of (i) the amount paid by You hereunder during the three (3) month period immediately preceding the date the loss or damage first occurs, or (ii) €5,000.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so, to the extent not allowed by law, some of the above limitations may not apply.</li>
<li>14.7.
" |
|
PENDING |
docbot Bot |
| TransferMate |
"or</li>
<li>14.5.2.
interruptions to the Transaction Service.</li>
</ul>
</li>
<li>14.6.
Our liability to You is limited to the lesser of (i) the amount paid by You hereunder during the three (3) month period immediately preceding the date the loss or damage first occurs, or (ii) $5,000.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so, to the extent not allowed by law, some of the above limitations may not apply.</li>
<li>14.7.
" |
|
PENDING |
docbot Bot |
| Zoho |
"Limitation of Liability<p>YOU AGREE THAT ZOHO SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ZOHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL ZOHO’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.</p>" |
|
PENDING |
docbot Bot |
| idka (DEPRECATED) |
"Limitation of liability
<p>Idka will not be liable for any lost profits or other consequential, special, direct, indirect, or incidental damage arising out of or in connection with these Terms, the Service or the Website.</p>
<p>In any event, the aggregated liability shall not exceed the amount paid to Idka for the Service during the last 6 months or, where such limitation is not permitted by law, limited to the fullest extent permitted by applicable law.</p>
10.
Disputes and legal venue
10.1 Governing law and legal venue
<p>" |
|
PENDING |
docbot Bot |
| Rumble |
"and you license to Rumble all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.</p>
<p>As used herein, "Net Earnings" means aggregate cash amounts collected and recognized as revenue under generally accepted accounting principles by Rumble arising from the license of your video less any amounts due to a Rumble Publisher/Syndication Partner, hosting costs, taxes and/or exchange rates.</p>
<p>" |
|
PENDING |
docbot Bot |
| iOps360 |
"In no event will Brad Goodman Solutions, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to Brad Goodman Solutions under this Agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Embedly |
"Limitation of Liability.
</strong>Medium shall not be liable to you for any direct, special, exemplayry, incidental, indirect, punitive or consequential damages including, without limitation, loss of revenue or anticipated profits, lost business, data or sales, or cost of substitute services (even if you have advised Medium of the possibility of such damages).
Medium’s cumulative liability relating to your use of the site, API and services (regardless of its basis), shall not exceed the greater of (I) amounts that you paid to us in the previous six months and (II) $100.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
" |
|
PENDING |
docbot Bot |
| AskAnna |
"</ol>
Article 15.
Liability
<ol>
<li>AskAnna’s total liability for an imputable failure in the performance of the Agreement or arising from any other legal basis whatsoever, explicitly including each and every failure to meet a guarantee or indemnification obligation agreed on with client, is limited to the compensation of damages as described in more detail in this article.</li>
<li>Direct damage is limited to a maximum of the price stipulated for the Agreement in question (excluding VAT).
If the Agreement is mainly a continuing performance contract with a duration of more than one year, the price stipulated for the Agreement is set at the total sum of the payments (excluding VAT) stipulated for one year.
In no event does AskAnna’s total liability for any direct damage, on any legal basis whatsoever, exceed EUR 50,000.- (fifty thousand euros).</li>
<li>AskAnna’s total liability for any damage arising from death or bodily injury or arising from material damage to goods is limited to the amount of EUR 1,250,000.- (one million two hundred fifty thousand euros).</li>
<li>Liability for indirect damage, consequential loss, loss of profits, lost savings, reduced goodwill, loss due to business interruption, loss as a result of claims of client’s clients, loss arising from the use of goods, materials or software of third parties prescribed by client to AskAnna and any damage and loss arising from contracting suppliers client has recommended to AskAnna is excluded.
" |
|
PENDING |
docbot Bot |
| Inspire |
"Inspire does not disclaim any warranty or other right that Inspire is prohibited from disclaiming under applicable law.</strong>
</p>12.
Limitation of Liability.<p>
<strong>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE INSPIRE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY INSPIRE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.</strong>
</p>
<p>
<strong>TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE INSPIRE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.</strong>
</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| SendGrid (Twilio) |
"Notwithstanding anything herein to the contrary, the Indemnifying Party will not settle any Claims for which it has an obligation to indemnify pursuant to this Section 13 admitting liability or fault on behalf of the Indemnified Party, nor create any obligation on behalf of the Indemnified Party without the Indemnified Party’s prior written consent.</p> 14.
Limitation of Liability.
Emergency Services <p>
<em>Generally speaking, neither of us owes each other for any bad things that might indirectly result from our services not working as intended.
However, each of us may owe the other for indirect damages for the claims covered under Section 13 (Mutual Indemnification) where we basically step into your shoes to defend a claim brought against you, or where you step into our shoes to defend a claim against us. </em>
</p>
<p>
<em>Any direct damages we might owe each other cannot be more than the amount you’ve paid (or should have paid) in the previous 12-months for the .
given Services giving rise to the claims.
" |
|
PENDING |
docbot Bot |
| Penske Media Corporation |
"OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE PROTECTED ENTITIES 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 WEBSITES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE WEBSITES EXCEED, IN THE AGGREGATE, THE GREATER OF (a) TWENTY-FIVE US DOLLARS ($25), OR (B) THE AMOUNT, IF ANY, PAID BY YOU TO PMC FOR YOUR USE OF THE WEBSITES OR PURCHASE OF PRODUCTS VIA THE WEBSITES.</li>
<li>
<b>Applicable Laws.<br>
</b>We control and operate the Websites from our offices in the United States of America.
We do not represent that materials on the Websites are appropriate or available for use in other locations.
Persons who choose to access the Websites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.</li>
<li>
<b>Termination.<br>
</b>PMC may terminate, change, suspend or discontinue any aspect of the Websites or the Websites’ services at any time.
" |
|
PENDING |
docbot Bot |
| Shopify |
"AND/OR (VI) USER CONTENT OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.</p>
<p>WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION D8,
THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE
LIMITED TO DIRECT DAMAGES, AND IN ALL EVENTS SHALL NOT EXCEED IN
THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO SHOPIFY DURING
THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT
GIVING RISE TO THE CLAIM FOR LIABILITY.</p>
<p>THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE
LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT
LIMITATION, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, OR ANY OTHER BASIS.
" |
|
PENDING |
docbot Bot |
| Shmoop |
"Limitation of Liability <p>To the maximum extent permitted by applicable law, in no event will Shmoop, or Shmoop’s suppliers and licensors, be liable for any indirect, special, incidental, consequential, or punitive damages arising out of the use of, or inability to use or access, the Site, Services, or Shmoop Content, including, without limitation, loss of data, loss or profit, computer failure or malfunction, or any and all other personal or commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, breach of warranty, or otherwise) upon which the claim is based.
Neither Shmoop nor Shmoop’s suppliers or licensors are responsible for any liability arising out of the Shmoop Services and/or any material linked through the Services.
Under no circumstances will Shmoop’s, or Shmoop’s suppliers’ or licensors’, direct liability arising out of use of the Services or Shmoop Content exceed the greater of (i) the amount User paid Shmoop for such use, or (ii) $100.00.
Some jurisdictions do not permit some of the above limitations of liability, and, therefore, this may not apply to you.</p> XVI.
Intellectual Property Rights <p>Shmoop is the sole owner of Shmoop Content and the Services and all copyright and intellectual property rights in the same, with the exception of: (a) links, documents, or UGC cited as belonging to another source.
" |
|
PENDING |
docbot Bot |
| Mailchimp |
"You understand and agree that you, as the party choosing to create and send a Postcards campaign, are the importer of record for any and all Postcards transactions made through your Mailchimp account.</li>
<li>Mailchimp’s total liability for all claims made about or related to a Postcards campaign shall be limited to no more than the amount that you paid for the Postcards campaign.
NEITHER MAILCHIMP NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, " |
|
PENDING |
docbot Bot |
| Medium |
"In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you.
This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.</strong>
</p>
<p>
<strong>In countries where exclusions or limitations of liability are allowed, Medium and Medium Parties won’t be liable for:</strong>
</p>
<p>
<strong>(a)</strong>
<strong>Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if Medium or the other Medium Parties have been advised of the possibility of such damages.</strong>
</p>
<p>
<strong>(b)</strong>
<strong>Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability of Medium and the other Medium Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the greater of $50.00 USD or the amount paid by you to use our Services.</strong>
</p>Resolving Disputes.
Binding Arbitration<p>" |
|
PENDING |
docbot Bot |
| Cricket Wireless |
"IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. .
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CRICKET UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).</p> 21. .
" |
|
PENDING |
docbot Bot |
| Brainly |
"OR (C) ANY BREACH OF OR ACT OR OMISSION
UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR
OTHER INTANGIBLES, EVEN IF BRAINLY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
BRAINLY’S AGGREGATE DIRECT DAMAGES RESULTING FROM THE
FOREGOING (A) THROUGH (C) SHALL BE LIMITED TO THE GREATER OF $100 OR THE
AMOUNT PAID BY YOU FOR YOUR BRAINLY SUBSCRIPTION, IF ANY, IN THE SIX
MONTH-PERIOD PRECEDING THE CLAIM.
</p>
<p>
Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such
states or jurisdictions the above limitations and exclusions may not apply
to you.
" |
|
PENDING |
docbot Bot |
| Tresorit |
"WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE OR THE SUPPORT AND MAINTENANCE SERVICES (IF ANY), REGARDLESS WHETHER TRESORIT HAS BEEN ADVISED OR SHOULD HAVE HAD KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>AFOREMENTIONED LIMITATIONS OF LIABILITY DO NOT APPLY FOR CAUSED INTENTIONAL OR GROSS NEGLIGENT BREACH OF OBLIGATIONS BY TRESORIT AND DAMAGES CAUSED TO LIFE, BODY OR HEALTH, FOR DEFECTS IN CASES OF A GUARANTEE AND FOR FRAUDULENTLY CONCEALED DEFECTS, AS WELL AS FOR ANY OTHER LIABILITY THAT MAY NOT, UNDER APPLICABLE LAW, BE LIMITED OR EXCLUDED.</p>
</li>
<li>
<p>
<strong>Remedy:</strong> YOU AGREE THAT THE SOLE AND EXCLUSIVE REMEDY FOR UNSATISFACTORY SERVICE SHALL BE TERMINATION OF THE SERVICE AND A REFUND OF ANY AMOUNT ALREADY PAID BY CUSTOMER FOR THE CURRENT SERVICE TERM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE AGGREGATE LIABILITY OF TRESORIT AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, INCLUDING ANY NEGLIGENCE ON YOUR PART, FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE AMOUNTS PAID BY YOU TO TRESORIT AND/OR THE SUBSCRIPTION CHARGES PAID BY THE RELEVANT RESELLER TO TRESORIT WITH RESPECT TO YOUR SUBSCRIPTION FOR THE PAST SIX MONTHS OF THE SERVICE IN QUESTION PRIOR TO THE FIRST EVENT OR OCCURANCE GIVING RISE TO SUCH LIABILITY.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PERSONAL INJURY OR DEATH WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.
" |
|
PENDING |
docbot Bot |
| MyAnimeList |
"If you do not agree or are not in compliance with these Terms of Use, you may not use our Service.
</p> 3.
Limitation of Liability <p>IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT, IN CONNECTION WITH OF OR RESULTING THESE TERMS OF USE OR FROM YOUR USE OF OUR SERVICE, EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AN AMOUNT NO GREATER THAN THE AMOUNT YOU PAID TO US FOR THE SERVICES, DIGITAL CONTENT (DEFINED BELOW) OR ANY RELATED PRODUCTS.
TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN WILL SURVIVE ANY TERMINATION OF ACCESS TO OR USE OF OUR SERVICE.</p>
<p>Without limiting the foregoing, and to the extent allowed by applicable law, Company assumes no liability or responsibility, including but not limited to, for any of the following:</p>
<ul>
<li>" |
|
PENDING |
docbot Bot |
| ZoogVPN |
"Limitation of Liability <p>In no event shall Zoog VPN be liable for any incidental, indirect, consequential or special damages, resulting from the use or the inability to use the service, including, but not limited to, damages for loss of profits, even if Zoog VPN has been advised of the possibility of such damages.
Zoog VPN liability to you or any third party is limited to $1.</p> " |
|
PENDING |
docbot Bot |
| GlassWire |
"In the event that your GlassWire account or serial number is terminated due to violations of the GlassWire license no refund or credits will be given to you.
If you purchased the GlassWire software you may request a refund within the first 30 days after purchasing the software.</p>
<p>If you are a GlassWire paid subscriber you may cancel your subscription by clicking the “cancel” button in your order email, or by contacting our helpdesk or the helpdesk of our billing company (usually Cleverbridge.com).</p> Limitation of Liability <p>GlassWire or SecureMix LLC or any of its employees or officers shall not be liable to user or any third party for any incidental, indirect, exemplary, special or consequential damages, under any circumstances, including, but not limited to, lost profits, revenue or savings, loss of goodwill, or the loss of use of any data, even if licensor had been advised of, knew, or should have known, of the possibility thereof.
Under no circumstances shall licensor's aggregate cumulative liability hereunder, whether in contract, tort, or otherwise, exceed the total amount of fees actually paid by user under this agreement.
The user acknowledges that the fees paid by him or her reflect the allocation of risk set forth in this agreement and that licensor would not enter into this agreement without these limitations on its liability.
GlassWire and its officers will not ever be liable to you for any claim or claims of any kind caused by the use of the GlassWire software or GlassWire web services.
" |
|
PENDING |
docbot Bot |
| ProtonVPN |
"Furthermore, if the result of the dispute or chargeback mechanisms causes the Company to be liable for an amount exceeding the price paid for the service (e.g.
dispute fee), you authorize the Company to charge that amount on your account.</p>
<p>" |
|
PENDING |
docbot Bot |
| Patreon |
"The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.</p>
<p>
</p>Limit of liabilityTo summarize: If you lose money as a result of using Patreon, any payment to you is limited to the amount of money we have earned through your use of Patreon.<p>
</p>
<p>To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Patreon.
" |
|
PENDING |
docbot Bot |
| DoorDash |
"You are liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on DoorDash’s income).
In the event that the charge to your payment method may incorrectly differ from the total amount, including subtotal, fees, and gratuity, displayed to you at checkout and/or after gratuity is selected, DoorDash reserves the right to make an additional charge to your payment method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout and/or after gratuity is selected.
" |
|
PENDING |
docbot Bot |
| StrongVPN |
"ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.</p>
<p>IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE STRONGVPN PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SERVICE, SOFTWARE OR ANY CONTENT THEREIN, THE STRONGVPN PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID STRONGVPN FOR YOUR USE OF THE SERVICE.
AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.</p>
<p>SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES.
IN SUCH STATES OR JURISDICTIONS, THE STRONGVPN PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.</p>
</li>
<li>" |
|
PENDING |
docbot Bot |
| BlueStacks |
"SHALL BLUESTACKS (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO BLUESTACKS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.
" |
|
PENDING |
docbot Bot |
| Overleaf |
"Some US states do not allow the types of disclaimers in this paragraph, so they may not apply to you.</p>
<p>
</p>Limitation of Liability<p>
</p>
<p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WRITELATEX, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WRITELATEX HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(B) ANY LOSS OF PROFITS, REVENUE, BUSINESS OR SAVINGS, DEPLETION OF GOODWILL AND/OR SIMILAR LOSSES, OR LOSS OR CORRUPTION OF DATA.
OR (C) IN RESPECT OF ANY CLAIMS RELATING TO THE SERVICES, AN AMOUNT IN AGGREGATE THAT IS MORE THAN THE GREATER OF £0.01 OR THE AMOUNTS PAID BY YOU TO WRITELATEX FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
" |
|
PENDING |
docbot Bot |
| PureVPN |
"Delays in enforcement: If we fail to insist upon strict performance of any of your obligations, or if we fail to exercise any of our rights or remedies, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.</p>
<p>Laws and disputes: These terms, the formation of the contract between us, use of our site, use of our services, and any dispute or claim arising out of any of them (including non-contractual disputes or claims), are governed by the laws of Hong Kong.
All disputes between us shall be decided only by the courts within the Hong Kong, except that we may enforce any judgment anywhere in the world where you may have assets or be located.</p> Limited Liability: <p>PureVPN shall not be liable under any circumstances for any special, consequential, incidental or punitive damages arising out of or in any way connected with this Agreement and/or any services and products that the you may choose to purchase or use, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties.
This limited liability clause shall apply even if PureVPN has been notified of the possibility of any claims.
In no event shall PureVPN's maximum liability exceed the total amount paid by you for the service or the product.</p> Important Note: <p> While PureVPN may change its Terms &.
" |
|
PENDING |
docbot Bot |
| Disconnect |
"OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, even if advised of the possibility of such damages.
Your only right or remedy with respect to any problems or dissatisfaction with the Services is to uninstall and stop using the Services.
In any event, direct damages are limited to the greater of (a) the amount paid for the Services or (b) $100.
</p> Severability <p> If any of, or portions thereof, the Terms are invalid or unenforceable, the court shall reform the Terms to include an enforceable term as close to the intent of the original term as possible.
" |
|
PENDING |
docbot Bot |
| BetterHelp |
"YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.</p>
<p>YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU " |
|
PENDING |
docbot Bot |
| Vox |
"We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms that is caused by any event or circumstances beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network.
Unless otherwise provided by applicable law, in no event shall our liability to you exceed the amount of fees you paid us (if applicable) for a period of three months prior to the date you submit a claim.</p>
</li>
<li> Exclusions and Limitations <p>Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
" |
|
PENDING |
docbot Bot |
| moovweb |
"14.2.</strong>  .
<em>Liability Cap</em>.<strong> Except for Excluded Claims, each party’s (and its suppliers’) entire liability arising out of or related to this Agreement will not exceed in aggregate the amounts paid or payable by Customer to Moovweb during the prior 12 months under this Agreement</strong>.</p>
<p>
<strong>14.3.</strong>  .
" |
|
PENDING |
docbot Bot |
| Amazon AWS |
"78.
Wavelength Zones/Local Zones <p>For the Service Level Agreements applicable to any Services or Service workloads that you run in Wavelength Zones or Local Zones, Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments made for Reserved Instances) for the individual Service that runs in the affected Wavelength Zones or Local Zones, respectively, for the monthly billing cycle in which the unavailability occurred.<br>
</p> " |
|
PENDING |
docbot Bot |
| Signal |
"THE SIGNAL PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE SIGNAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
" |
|
PENDING |
docbot Bot |
| Suddenlink (DEPRECATED) |
"BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, THE LIABILITY OF SUDDENLINK AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
YOU AGREE THAT THE LIABILITY OF SUDDENLINK (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO SUDDENLINK FOR THE USE OF THE WEBSITE.</p>
<p> </p> Termination <p> </p>
<p>We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice.
" |
|
PENDING |
docbot Bot |
| Khan Academy |
"EVEN IF KHAN ACADEMY OR A KHAN ACADEMY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING (i) TO THE TERMS.
(ii) YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR THE KHAN ACADEMY OFFERINGS, OR (iii) ANY OTHER INTERACTIONS WITH KHAN ACADEMY OR ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE KHAN ACADEMY OFFERINGS, INCLUDING OTHER USERS,.
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 SUCH CASES, KHAN ACADEMY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.</li>
<li>14.2 Limitation of Damages.
IN NO EVENT WILL KHAN ACADEMY'S OR THE KHAN ACADEMY PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO KHAN ACADEMY, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.</li>
<li>14.3 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT KHAN ACADEMY HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND KHAN ACADEMY, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND KHAN ACADEMY.
" |
|
PENDING |
docbot Bot |
| Todoist |
"Doist does not disclaim any warranty or other right that Doist is prohibited from disclaiming under applicable law.</p> 17.
Limitation of Liability <p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DOIST ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON OR AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY DOIST ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 18.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE DOIST ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO DOIST FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.
" |
|
PENDING |
docbot Bot |
| Strava |
"ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.</p>
<p>THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO STRAVA IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.</p>
<p>" |
|
PENDING |
docbot Bot |
| McGraw-Hill Education |
"To the extent that McGraw Hill may not as a matter of applicable law disclaim an implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.
</p>
</li>
<li>
<p>
<b>LIABILITY.</b>
</p>
<p>IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY (OR TO ANY OTHER PERSON CLAIMING RIGHTS DERIVED FROM SUCH PARTY'S RIGHTS) FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST DATA, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE MATERIALS OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS OF SERVICE AND IN NO EVENT SHALL THE LIABILITY OF MCGRAW HILL OR ITS LICENSORS FOR WHATEVER CAUSE EXCEED THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE MATERIALS " |
|
PENDING |
docbot Bot |
| National Hockey League (NHL.com) |
"NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.</p>
<p>ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.</p>
</li>
<li>
<strong>Indemnification.</strong>
<p>" |
|
PENDING |
docbot Bot |
| PayPal |
"Disputes between you and PayPal regarding the services may be reported to PayPal Customer Service.</p> Arbitration <p>For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000 USD (or other currency equivalents), you may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration.
" |
|
PENDING |
docbot Bot |
| Snopes |
"the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.</strong>
</li>
</ul>
<p>
<strong>This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.</strong>
</p>
<p>
<strong>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User.
The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction.
" |
|
PENDING |
docbot Bot |
| BloomSky |
"Limitation of Liability <p>NEITHER BLOOMSKY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLOOMSKY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>
<p>IN NO EVENT WILL BLOOMSKY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO BLOOMSKY FOR USE OF THE SERVICES OR content OR FIFTY DOLLARS ($50).</p> Dispute Resolution <u>Governing Law</u>
<p>These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.</p>
<u>Agreement to Arbitrate</u>
<p>You and BloomSky agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “<b>Disputes</b>”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “<b>IP Protection Action</b>”).
" |
|
PENDING |
docbot Bot |
| August Home |
"You and August are each responsible for their respective costs relating to counsel, experts, and witnesses, and any other costs relating to the arbitration.
In the event that you file for arbitration, August will pay for the arbitration administrative or filing fees in excess of $250 U.S.
dollars, including the arbitrator and/or other AAA case management fees, for any dispute of $75,000 U.S.
Dollars or less, unless the claim is determined by the arbitrator to be frivolous.
" |
|
PENDING |
docbot Bot |
| August Home |
"MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.</p>
<ol>
<li>
<strong>
</strong>
<strong>
<u>LIMITATION OF REMEDIES AND DAMAGES</u>
</strong>
</li>
</ol>
<p>NEITHER AUGUST NOR ITS AFFILIATES, LICENSORS, AUGUSTS OR RESELLERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA, (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR BUSINESS INTERRUPTION, LOSS OF REVENUES, DIMINUTION IN VALUE OR LOSS OF PROFITS.
OR (D) ANY DAMAGES (REGARDLESS OF TYPE) ARISING FROM OR AS A RESULT OF USE OF THE LICENSED SOFTWARE OR THE APPLICATION BY ANY PERSON OTHER THAN YOU.
THE FOREGOING SHALL APPLY EVEN IF AUGUST KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUGUST’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE GREATER OF (x) THE AMOUNT PAID BY YOU FOR THE DEVICE AND (y) US$150.
THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.</p>
<p>THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
" |
|
PENDING |
docbot Bot |
| DTube |
"WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO: (A) THE USE OF OR INABILITY TO USE DTube OR THE DTube CONTENT.
OR (B) THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DTube FOR ACCESS TO OR USE OF DTube.</p>
<p>" |
|
PENDING |
docbot Bot |
| Wattpad |
"When you use the Services, you release Wattpad from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to (a) disputes between users, or between users and any third party relating to the use of the Services and (b) the Services.</p>
<p>
<strong>Wattpad’s liability to you</strong>.
Wattpad won’t be liable to you for any damages that arise from your use of, or in connection with, the Services and any content.
This exclusion includes: (a) where the Services are hacked or unavailable, (b) all types of damages (direct, indirect, punitive, incidental, consequential, special or exemplary), whatever the type of claim or loss (breach of contract, tort (including negligence), breach of warranty, or any other claim or loss), (c) any lost profits, data or revenues, or (d) any conduct or content of other users or third parties on the Site or the Services.
In no event shall Wattpad’s liability for damages be in excess of (in the aggregate) one hundred Canadian dollars ($100.00).</p>
<p>
<strong>Your liability to Wattpad</strong>.
" |
|
PENDING |
docbot Bot |
| Ryver |
"THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
NO USE OF THE SERVICE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.</p>
16.0 LIMITATION OF LIABILITY
<p>
<strong>16.1</strong> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL RYVER OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE “RYVER GROUP”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORTOR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN ANY CASE, THE RYVER GROUP’S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THE SERVICE (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED AT RYVER’S SOLE AND ABSOLUTE DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE GROSS NEGLIGENCE OF RYVER TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES.
" |
|
PENDING |
docbot Bot |
| MySudo |
"NOTWITHSTANDING THE FOREGOING, ANONYOME DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ANY ANONYOME PARTY’S NEGLIGENCE.
OR FOR (B) ANY INJURY CAUSED BY AN ANONYOME PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.</p>
<p>
<strong>CAP ON LIABILITY</strong>
<br>
UNDER NO CIRCUMSTANCES WILL ANONYOME PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY ANONYOME AS A RESULT OF YOUR USE OF ANONYOME PROPERTIES IN THE ONE (1) MONTH IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM.
" |
|
PENDING |
docbot Bot |
| August Home |
"IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, AUGUST LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT AUGUST’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED ABOVE.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.</p>
Limitation of Damages
<p>IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER AUGUST NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER ANY BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES<br>OR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF REVENUES AND LOSS OF PROFITS.
THE FOREGOING SHALL APPLY EVEN IF AUGUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUGUST’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE PAID FOR THE DEIVCE THAT CAUSED SUCH DAMAGE.
" |
|
PENDING |
docbot Bot |
| ICANN |
"If, notwithstanding the other provisions of these Terms and Conditions, we are found to be liable to you for any damages or losses arising out of your use of, access to or inability to use the Platform or any material provided or otherwise supplied by us or any third party, our liability shall in no event exceed US $25.00.
Note that some jurisdictions do not allow limitations of liability or may place limitations on our ability to limit its liability to you, so the foregoing limitation may not apply to you.</p>
<p>The material provided by the Platform could include technical inaccuracies or other errors.
" |
|
PENDING |
docbot Bot |
| Webtoon (Naver/Line) |
"WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF YOU HAVE OR HAVE NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) TO THE EXTENT WEBTOON ARE DETERMINED TO HAVE ANY LIABILITY TO YOU NOTWITHSTANDING THE EXPRESS WAIVER AND RELEASED CONTAINED IN THESE TERMS, WEBTOON’S, TOGETHER WITH THEIR AFFILIATES AND SUBSIDIARIES, AGGREGATE LIABILITY UNDER THESE TERMS IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY YOU IN CONNECTION WITH THESE TERMS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
NOTWITHSTANDING AND WITHOUT LIMITATION OF THE FOREGOING, IN ALL CASES, WEBTOON, TOGETHER WITH THEIR AFFILIATES AND SUBSIDIARIES, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
" |
|
PENDING |
docbot Bot |
| Tapas |
"When permitted by law, Tapas Media will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.</p>
</li>
<li>
<p>To the extent permitted by law, the total liability of Tapas Media, for any claim under these terms, including any implied warranties, is limited to the amount you paid us to use the Service (or, if we choose, to supply you the Service again).</p>
</li>
<li>
<p>In all cases, Tapas Media will not be liable for any loss or damage that is not reasonably foreseeable.</p>
</li>
<li>
<p>" |
|
PENDING |
docbot Bot |
| Webtoon (Naver/Line) |
"YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.</p>
<p>IN ANY CASE, THE COMPANY'S AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM RELATING TO PURCHASE OF COINS IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE COINS.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Upcloud |
"UpCloud’s total aggregate liability under or in connection with this Agreement shall be limited to the aggregate Service Fee paid by the Customer for the Service for the last six (6) months preceding the occurrence for which damages are claimed.
These limitations will not apply to damage caused by willful misconduct or gross negligence.
In order to be valid and enforceable, all claims for damages must be made within 30 days from the date the damage was or should reasonably have been noticed by the Customer.</p>
<p>
<small>
<strong>tl;dr</strong> If things go really badly, our maximum compensation is up to the amount you have paid us during the past 6 months, unless the issue was caused intentionally by us or through gross negligence on our part.</small>
</p>
Assignment and Third-Party Benefits.
<p>UpCloud may assign the Agreement in whole or in part to another group company or in connection with the trade sale which includes the provision of the Service.
The Customer may assign the Agreement to a third party with UpCloud’s prior written consent which UpCloud will not unreasonably withhold.
" |
|
PENDING |
docbot Bot |
| BitChute |
"Limitation of Liability<p>NEITHER BITCHUTE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BITCHUTE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>
<p>IN NO EVENT WILL BITCHUTE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE (OR CONTENT) EXCEED THE AMOUNTS YOU HAVE PAID TO BITCHUTE FOR USE OF THE SERVICE (OR CONTENT), " |
|
PENDING |
docbot Bot |
| Reddit |
"12.
Limitation of Liability</strong>
<p>IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE REDDIT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL.
ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE REDDIT ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S.
DOLLARS ($100) OR ANY AMOUNT YOU PAID REDDIT IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE REDDIT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.</p>
<strong>13.
Governing Law and Venue</strong>
<p>" |
|
PENDING |
docbot Bot |
| AirVPN |
"WHERE APPLICABLE BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL AIR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE, OR ANY OTHER INTERACTIONS WITH AIRVPN.<br>
<br>11) LIMITATION OF DAMAGE: IN NO EVENT WILL THE TOTAL LIABILITY OF AIR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.<br>
<br>12) SEVERABILITY: If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.<br>
<br>13) GOVERNING LAW AND JURISDICTION.
This Agreement will be governed by and construed in accordance with the Regulation 593/2008 of the European Parliament and of the Council of the European Union and under the jurisdiction of the European Court of Justice and the courts in Italy.
" |
|
PENDING |
docbot Bot |
| WriteAPrisoner |
"TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WRITEAPRISONER OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION FOR SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS ARE SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES.
THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN WRITEAPRISONER AND YOU.
THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.</p>
<p>THE TOTAL AGGREGATE AMOUNT THAT WRITEAPRISONER, ITS LICENSORS, OR SUPPLIERS MAY BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO WRITEAPRISONER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE ACTION OR CLAIM OCCURRED, OR $100, WHICHEVER IS GREATER.</p>
<p>
<u>
<strong>Application of Disclaimers</strong>
</u>
</p>
<p>Some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages.
" |
|
PENDING |
docbot Bot |
| WP Lookout |
"If You wish to terminate Your Account, You may simply discontinue using the Service.</p>
Limitation of Liability
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
In these states, each party’s liability will be limited to the greatest extent permitted by law.</p>
" |
|
PENDING |
docbot Bot |
| vinted |
"or (d) any direct, special, punitive, indirect, incidental or consequential damages, (e) or any other damages of whatsoever kind resulting from whatever cause through your use of the Services and our Site. </strong>
</li>
<li>
<strong>Subject to section 19.1, we limit our liability under this Agreement, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, to a maximum of:</strong>
<ol>
<li>
<strong>the purchase price paid or payable for the relevant item in respect of any claim arising in relation to a transaction on this Site.
and</strong>
</li>
<li>
<strong>$100 in respect of any other claim.</strong>
</li>
" |
|
PENDING |
docbot Bot |
| TikTok |
"(V) ANY LOSS OF BUSINESS.
(VI) ANY BUSINESS INTERRUPTION.
(VII) ANY LOSS OF BUSINESS REPUTATION.
OR (VIII) ANY INDIRECT OR CONSEQUENTIAL LOSSES OF WHATEVER NATURE. </strong>
</li>
<li>
<strong>SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 12, OUR TOTAL AGGREGATE LIABILITY WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS AND THE PROVISION AND RECEIPT OF THE SERVICES WILL BE LIMITED TO THE HIGHER OF: (I) THE AMOUNT PAID BY YOU TO TIKTOK WITHIN THE 12 MONTH PERIOD IMMEDIATELY " |
|
PENDING |
docbot Bot |
| Zappos |
"MADE AVAILABLE TO YOU THROUGH ANY ZAPPOS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AMOUNT YOU PAID US FOR THE APPLICABLE PRODUCT OR SERVICE.</p> DISPUTES, REMEDIES &.
APPLICABLE LAW <p>
<b>Any dispute or claim relating in any way to your use of any Zappos Service, or to any products or services sold or distributed by Zappos or through Zappos.com or any other Zappos website will be resolved by binding arbitration, rather than in court</b>.
" |
|
PENDING |
docbot Bot |
| Suddenlink (DEPRECATED) |
"The date of the dispute shall be the date Suddenlink receives sufficient documentation to enable Suddenlink to investigate the dispute.
The date of the resolution is the date Suddenlink completes its investigation and notifies the Customer of the disposition of the dispute.</p>
<p>9.
<strong>Adjustments or Refunds.</strong> Any adjustment or refund, given in each case in Suddenlink’s sole discretion, will be accomplished by a credit on a subsequent bill for Service, unless otherwise required by applicable law.
Except as otherwise expressly provided in this Agreement, the liability of Suddenlink, its officers, shareholders, directors, employees, affiliates, vendors, carrier partners, content providers and other persons or entities involved in providing the Services or Equipment (collectively, the "Suddenlink Parties") for damages shall in no event, by reason of any delays, interruptions, omissions, errors, failures or defects in installation or service, exceed an amount equal to the Customer's Service charges and associated Equipment fees for a regular billing period ("Maximum Credit").
" |
|
PENDING |
docbot Bot |
| Ocado |
"The amount that is reserved will either be the estimated amount of your order, including charges for carrier bags, or £1.
" |
|
PENDING |
docbot Bot |
| Colloq.io |
"Limitation of Liability <p>In no event will We be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for:</p>
<ol>
<li>any special, incidental or consequential damages;</li>
<li>the cost of procurement for substitute products or services;</li>
<li>for interruption of use or loss or corruption of data.
or</li>
<li>for any amounts that exceed the fees paid by you to Colloq under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| DIY Tube Video Community |
"Although our blockchain runs on the nist5 algorithm which is more efficient to begin with.</p>
<p>In order to keep enough coins in circulation for the DIY Tube Video community, payments for video interaction will be capped at $10 worth of DIYT per 1,000 video views.
That is two times the amount paid out by any other site in this field.
" |
|
PENDING |
docbot Bot |
| OneRep |
"Limitation of Liability <p> IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR SERVICES WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL OUR CUMULATIVE LIABILITY TO YOU EXCEED AMOUNT OF THE SERVICE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS " |
|
PENDING |
docbot Bot |
| Any.do |
"SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL ANY.DO'S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU TO ANY.DO FOR USE OF THE SOFTWARE, EVEN IF ANY.DO HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
</li>
<br>
<li>Immediate Termination.
Without prejudice to any other rights, this Agreement and your right to use this Software automatically terminates if you fail to comply with any provision of this License Agreement.
" |
|
PENDING |
docbot Bot |
| PythonAnywhere |
"13.4.1.
Our liability of any kind (including our own negligence) for any event or series of connected events with respect to our Services is limited to £100 or the total fees payable by you to us in the 12 months before the event(s) complained of, whichever is higher.</p>
<p>13.4.2.
In no event (including our own negligence) will we be liable for any:
</p>
a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);<p>
</p>
<p>b) loss of goodwill or reputation;</p>
<p>c) special, indirect or consequential losses.
" |
|
PENDING |
docbot Bot |
| Observable |
"Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.</p>
<p>Observable does not warrant that the Service will meet your requirements.
that the Service will be uninterrupted, timely, secure, or error-free.
that the information provided through the Service is accurate, reliable or correct.
that any defects or errors will be corrected.
that the Service will be available at any particular time or location.
or that the Service is free of viruses or other harmful components.
You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.</p>
N.
Limitation of Liability
<p>
<strong>To the maximum extent permitted by applicable law, each party’s total cumulative liability to the other party or any third party under this Agreement from all causes of action and all theories of liability will be limited to and will not exceed the fees you’ve actually paid us during the 24 months preceding the claim giving rise to such liability.</strong>
</p>
<p>You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from</p>
<ul>
<li>" |
|
PENDING |
docbot Bot |
| Parsec |
"THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.</p>
</li>
</ol>
</li>
<li>Limitation on Liability<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PARSEC (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF PARSEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO $100.
THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
" |
|
PENDING |
docbot Bot |
| moovweb |
"RELATING TO THE SITE.
</p>
<p>SOME STATES 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.</p>
<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOOVWEB’S (AND THE MOOVWEB ENTITIES’) ENTIRE LIABILITY TO YOU OR ANY THIRD PARTIES UNDER [ANY CIRCUMSTANCES RELATING TO YOUR ACCESS TO THE SITE OR OTHER ACTIVITIES GOVERNED BY] THESE TERMS WILL NOT EXCEED IN AGGREGATE ONE HUNDRED DOLLARS (USD$100).</p>
<p>" |
|
PENDING |
docbot Bot |
| Ting Inc. |
"TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TING, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
</p>
<p> IN ALL CASES, TING, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
</p>
<p> WHEN PERMITTED BY LAW, TING AND TING’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
</p> " |
|
PENDING |
docbot Bot |
| Xero |
"Subject to the exclusion in section 56, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.</p>
<p>
<b>51.
Limitation of liability: </b>Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:</p>
<ul>
<li>
<p>We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.</p>
</li>
<li>
<p>For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.</p>
</li>
<li>
<p>Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.</p>
</li>
</ul> Disputes <p>
<b>
<i>This section outlines how disputes may be resolved.</i>
</b>
</p>
<p>
<b>52.
" |
|
PENDING |
docbot Bot |
| SaferVPN |
"IN ADDITION, ALL RESPONSIBILITY OR LIABILITY OF SAFERVPN, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND/OR AGENTS FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS IS HEREBY DISCLAIMED.
</p>
<p> IN NO EVENT SHALL THE TOTAL LIABILITY OF SAFERVPN, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, TO YOU AND/OR TO ANY THIRD-PARTY, FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY U.S.
DOLLARS (U.S.
$50.00).
</p>
<p> " |
|
PENDING |
docbot Bot |
| YNAB. (You Need a Budget) |
"THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.</p>
Limitation on Liability
<p>IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.</p>
<p>IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.</p>
<p>" |
|
PENDING |
docbot Bot |
| Brave |
"Limitation of Liability <i>
</i>
<p>IN NO EVENT SHALL BRAVE OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500.
" |
|
PENDING |
docbot Bot |
| FireApps |
"SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY WHERE SUCH LIMITATIONS ARE INAPPLICABLE.</p> 10.
LIMITATION OF LIABILITY <p>10.1 TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL FIREAPPS OR PARTNERS NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS OR SUPPLIERS BE RESPONSIBLE OR LIABLE, UNDER ANY LEGAL THEORY, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, FOR ANY COMPENSATORY, DIRECT OR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO THIS AGREEMENT OR THE MATTERS CONTEMPLATED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT THAT FIREAPPS IS FOUND LIABLE OR RESPONSIBLE TO YOU FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE IN CONNECTION WITH THESE TERMS AND/OR THE MATTERS CONTEMPLATED HEREIN, FIREAPPS’S AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO $100.00.</p>
<p>10.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| DEPRECATED #5 |
"THE SIGNAL PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE SIGNAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
" |
|
PENDING |
docbot Bot |
| Imgix |
"REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), EVEN IF IMGIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF IMGIX EXCEED THE GREATER OF U.S.
$100.00 OR THE AMOUNT YOU PAID IMGIX IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.</p>
<p>THE LIMITATIONS IN THIS SECTION WILL NOT APPLY TO ANY WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD OF IMGIX.
IN ADDITION, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.</p> 17.
VENUE.
GOVERNING LAW <p>The state and federal courts located in San Francisco County, California, will have exclusive jurisdiction over any suit in connection with the Services or these Terms that is not subject to arbitration, and you and imgix hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
" |
|
PENDING |
docbot Bot |
| Ziff Davis |
"ZIFF DAVIS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
ZIFF DAVIS, ANY THIRD PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF BUSINESS OR LOST PROFITS, LOSS OF REPUTATION OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ZIFF DAVIS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF ZIFF DAVIS SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST ZIFF DAVIS, OR (II) ONE HUNDRED U.S.
DOLLARS ($100.00).</i>
</p>
<p>
<i>" |
|
PENDING |
docbot Bot |
| Intercom |
"If Customer is required by Law to withhold any Taxes from Customer's payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings, Intercom receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such withholdings been made.
Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.</p>
<p>7.3. <strong>Payment Via Credit Card.</strong>" |
|
PENDING |
docbot Bot |
| Makerbot (Thingiverse) |
"LIMITATION ON LIABILITY
<p>IN NO EVENT SHALL COMPANY (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE SITES OR SERVICES OR THIRD-PARTY SITES &.
ADS OR APIS EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESS TO, AND USE OF, THE SITES AND SERVICES AND APIS AND OTHER CONTENT ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.</p>
<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50).
OR (B) AMOUNTS YOU’VE PAID US IN THE PRIOR 12 MONTHS (IF ANY).
THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
" |
|
PENDING |
docbot Bot |
| Mycroft AI |
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYCROFT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF MYCROFT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.<br>
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL MYCROFT’S LIABILITY TO YOU EXCEED TEN DOLLARS (USD $10), EVEN IN THE EVENT OF A FAILURE OF THE ESSENTIAL PURPOSE OR ANY LIMITED REMEDY UNDER THIS AGREEMENT.</p>
<p>## Local Laws.
" |
|
PENDING |
docbot Bot |
| IVPN |
"In any event, IVPN shall never be liable for any monetary damages beyond what the user paid to IVPN and this will not include court costs or attorney fees irrespective of any statutes or laws that may be interpreted otherwise.</p>
</li>
<li>
<p>" |
|
PENDING |
docbot Bot |
| Common Application |
"YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS OR ANY LINKED SITE OR THIRD PARTY PRODUCT, SERVICE OR TOOL IS TO STOP USING THE SITE, MATERIALS OR LINKED SITE OR THIRD PARTY PRODUCT, SERVICE OR TOOL, AS APPLICABLE.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE COMMON APP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.</p>
<p>
<strong>12.
Questions</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Plex |
"OR WITH THE DELAY OR INABILITY TO USE THE PLEX SOLUTION, EVEN IF PLEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF PLEX FOR BREACH OF THIS TOS IS CESSATION OF USE OF THE PLEX SOLUTION AND FOR ANY OTHER REASON RELATED TO OR ARISING OUT OF YOUR USE OF THE PLEX SOLUTION WHATSOEVER FOR AN AMOUNT NOT EXCEEDING $100 OR THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO PLEX DURING THE PAST THREE MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE PLEX SOLUTION, WHICHEVER IS GREATER.
You and Plex agree to only bring claims arising from this TOS on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
" |
|
PENDING |
docbot Bot |
| Gfycat |
"OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL GFYCAT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GFYCAT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Slidejoy |
"WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT SLIDEJOY OR ANY OF THE FOREGOING PERSONS WERE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
</p>
<p>YOU AGREE THAT THE LIABILITY OF
SLIDEJOY AND ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES,
REPRESENTATIVES, AGENTS, AND SUPPLIERS FOR ANY CLAIM OR SERIES OF CLAIMS WILL
BE LIMITED IN THE AGGREGATE TO THE GREATER OF (i) THE AMOUNT PAID BY YOU
TO US FOR THE RELEVANT SERVICES TO WHICH THE CLAIM OR CLAIMS RELATE DURING THE
PREVIOUS THREE (3) MONTHS " |
|
PENDING |
docbot Bot |
| Dr. McDougall's Health & Medical Center |
"Limitation of Liability<p>UNDER NO CIRCUMSTANCES SHALL DRMCDOUGALL.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE, OR THE INABILITY TO USE OR ACCESS THE SITE OR ANY INFORMATION OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE, WHETHER BASED IN CONTACT, TORT, NEGLIGENCE OR OTHERWISE, EVEN IF DRMCDOUGALL.COM OR AN AUTHORIZED REPRESENTATIVE OF DRMCDOUGALL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THE SITE OR ANY INFORMATION OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE (INCLUDING WITHOUT LIMITATION THE FASTFIND DATABASE AND SEARCH ENGINE) RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, THE USER ASSUMES ANY COSTS THEREOF.
UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE TOTAL LIABILITY OF DRMCDOUGALL.COM TO YOU ARISING UNDER THIS AGREEMENT FOR ANY CAUSE WHATSOEVER BE GREATER THAN THE COST OF ANY PRODUCT THAT YOU MAY HAVE PURCHASED ON THE SITE.</p>" |
|
PENDING |
docbot Bot |
| SurveyMonkey |
"Limitation of Liability.<p>TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF SURVEYMONKEY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO SURVEYMONKEY FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
AND (B) US$200.00.</p>12.4.
Consumers.<p>We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers.
" |
|
PENDING |
docbot Bot |
| Pexgle |
"Limitation of Liability</strong>.
In no event shall Pexgle, its officers, directors, employees, or agents, be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either this Agreement, or use of the Services or the Website.
Our liability to you for any damages arising from or related to this Agreement, will at all times be limited to the greater of (a) fifty dollars ($50) or (b) amounts you have paid to us in the prior 12 months (if any).
The existence of more than one claim will not enlarge this limit.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.</li>
<li>
<strong>Third Party Products and Services</strong>.
" |
|
PENDING |
docbot Bot |
| PrivacyTools Forum |
"Limits on Liability
<p>
<em>
<strong>Neither the company nor its suppliers will be liable to you for breach-of-contract damages their personnel could not have reasonably foreseen when you agreed to these terms.</strong>
</em>
</p>
<p>
<em>
<strong>As far as the law allows, the total liability to you for claims of any kind that are related to the forum or content on the forum will be limited to $50.</strong>
" |
|
PENDING |
docbot Bot |
| GrubHub |
"THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.</p>
<p>IN NO EVENT SHALL GRUBHUB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, NEGLIGENCE, TORT OR ANY OTHER ACTION OF ANY TYPE EXCEED (A) THE AMOUNT PAID BY YOU TO GRUBHUB OR A GRUBHUB RESTAURANT, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW.</p>
<p>YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.
" |
|
PENDING |
docbot Bot |
| Smartmessages |
"Users sole and exclusive remedy for any failure or nonperformance of the Service shall be for the Service Provider to use commercially reasonable efforts to adjust or repair the Service.</p>
Limitation of Liability
<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THE SERVICE PROVIDER OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “THE SERVICE PROVIDERS”) BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF THE SERVICE PROVIDERS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, THE SERVICE PROVIDERS ARE FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF THE SERVICE PROVIDERS TO YOU WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICE.</p>
" |
|
PENDING |
docbot Bot |
| HERE Technologies |
"Some jurisdictions do not allow certain liability exclusions, damage limitations, or disclaimers of warranty.
In no event shall HERE or your supplier be liable for damages in excess of the price that you paid for your copy of the Data" |
|
PENDING |
docbot Bot |
| HERE Technologies |
"and (ii) agree to address it to that relevant Business Partners and will be subject to their terms and conditions and liability policies.
You agree to address and resolve these issues and/or disputes with the relevant Business Partners.</p>
<p>18.
<u>Limitation of Liability</u>.</p>
<p>To the fullest extent permitted by applicable law, in no event will the Company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the Services or the Content for: (a) property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, indirect, exemplary.
or (b) direct damages in amounts that in the aggregate exceed the amount of fifty Euros (€50).
" |
|
PENDING |
docbot Bot |
| TikTok |
"(V) ANY LOSS OF BUSINESS.
(VI) ANY BUSINESS INTERRUPTION.
(VII) ANY LOSS OF BUSINESS REPUTATION.
OR (VIII) ANY INDIRECT OR CONSEQUENTIAL LOSSES OF WHATEVER NATURE. </strong>
</li>
<li>
<strong>SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 12, OUR TOTAL AGGREGATE LIABILITY WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS AND THE PROVISION AND RECEIPT OF THE SERVICES WILL BE LIMITED TO THE HIGHER OF: (I) THE AMOUNT PAID BY YOU TO TIKTOK WITHIN THE 12 MONTH PERIOD IMMEDIATELY " |
|
PENDING |
docbot Bot |
| NBC News |
"OR (2) CONTENT POSTED TO THE SITE OR SERVICES BY YOU OR ANY THIRD PARTY.</p>
<p>15.
Limitation of Liability.
Applicability of Disclaimers, Exclusions and Limits</p>
<p>IN NO EVENT WILL THE NBCUNIVERSAL PARTIES' AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO NBCUNIVERSAL IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.
OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.</p>
<p>BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, NBCUNIVERSAL PARTIES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.
" |
|
PENDING |
docbot Bot |
| How-To Geek |
"THAT IDENTIFY THEMSELVES AS EXPERTS ON PARTICULAR TOPICS THROUGH THE SERVICES, AND YOU AGREE NOT TO HOLD HOW-TO GEEK RESPONSIBLE FOR RELIANCE ON SUCH EXPERTS IF YOU DO NOT ACHIEVE THE RESULT S YOU EXPECT IN RELYING ON SUCH EXPERTS.</p>
<strong>10 Limitation of Liability</strong>
<p>IN NO EVENT WILL HOW-TO GEEK, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING) (COLLECTIVELY “HOW-TO GEEK” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SERVICES OR PRODUCTS, EVEN IF HOW-TO GEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE.
HOW-TO GEEK WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE OR LOSS OF GOOD WILL.
IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100.</p>
<p>HOW-TO GEEK DOES NOT WARRANT, " |
|
PENDING |
docbot Bot |
| Jitsi |
"<ol>
<li>
<b> Liability for the Service</b>
</li>
</ol>
<p>WHEN PERMITTED BY LAW, 8X8, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.</p>
<p>TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF 8X8, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO TEN DOLLARS (USD$10).</p>
<p>IN ALL CASES, 8X8, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. .
" |
|
PENDING |
docbot Bot |
| ShapeShift |
"(iv) any interruption or cessation of transmission to or from the Service.
(v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third-party.
or (vi) User Content or the defamatory, offensive, or illegal conduct of any third-party.
In no event will ShapeShift, its agents, directors, employees, suppliers, or licensors be liable to you for any damages exceeding the greater of: the amount you paid to ShapeShift in connection with the Services.
or US$100.00.
The foregoing limitations and exclusions will apply whether the alleged or actual liability is based on contract, tort, negligence, strict liability, or any other basis, even if ShapeShift has been advised of the possibility of such damage.
The foregoing limitation of liability is intended to apply to the fullest extent permitted by law in the applicable jurisdiction.
" |
|
PENDING |
docbot Bot |
| Authy (Twilio) |
"Notwithstanding anything herein to the contrary, the Indemnifying Party will not settle any Claims for which it has an obligation to indemnify pursuant to this Section 13 admitting liability or fault on behalf of the Indemnified Party, nor create any obligation on behalf of the Indemnified Party without the Indemnified Party’s prior written consent.</p> 14.
Limitation of Liability.
Emergency Services <p>
<em>Generally speaking, neither of us owes each other for any bad things that might indirectly result from our services not working as intended.
However, each of us may owe the other for indirect damages for the claims covered under Section 13 (Mutual Indemnification) where we basically step into your shoes to defend a claim brought against you, or where you step into our shoes to defend a claim against us. </em>
</p>
<p>
<em>Any direct damages we might owe each other cannot be more than the amount you’ve paid (or should have paid) in the previous 12-months for the .
given Services giving rise to the claims.
" |
|
PENDING |
docbot Bot |
| YTS |
"USE OF THIS WEBSITE IN ANY JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATION OF DAMAGES IS STRICTLY PROHIBITED.
THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS USER AGREEMENT.
FURTHERMORE, IN NO EVENT SHALL TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS WEBSITE OR ITS CONTENT.
<br>
<br>FORCE MAJEURE: ADDITIONALLY, IN NOT IN LIMITATION OF THE FORGOING, WE SHALL NOT HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ILLNESS, GOVERNMENTAL ACTION OR ACTS OF TERRORISM, EARTHQUAKE OR OTHER NATURAL OCCURRENCES, LABOR CONDITIONS, OR POWER FAILURE.
" |
|
PENDING |
docbot Bot |
| WebMD |
"WebMD, its licensors, its suppliers, or any third parties mentioned on the WebMD Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S.
$1000.
" |
|
PENDING |
docbot Bot |
| PayPal |
"Notwithstanding anything in this CEA to the contrary, in no event shall Acquirer, or any of its directors, officers, employees, agents or subcontractors, be liable under any theory of tort, contract, strict liability or other legal theory for lost profits, lost revenues, lost business opportunities, exemplary, punitive, special, incidental, indirect or consequential damages, each of which is hereby excluded by agreement of the parties, regardless of whether such damages were foreseeable or whether Acquirer has been advised of the possibility of such damages.
Notwithstanding anything in this CEA to the contrary, in no event shall Acquirer be liable or responsible for any delays or errors in its performance of the services caused by its service providers or other parties or events outside of Acquirer’s reasonable control, including PayPal.
Notwithstanding anything in this CEA to the contrary, Acquirer’s cumulative liability for all losses, claims, suits, controversies, breaches or damages for any cause whatsoever arising out of or related to this CEA and regardless of the form of action or legal theory and whether or not arising in contract or tort (including negligence) shall not exceed the total volume of all transactions, expressed as a U.S.
dollar amount processed by the Merchant under this CEA via PayPal.
Nothing in this CEA shall exclude or limit any liability of any party for death or personal injury caused by negligence or fraud, deceit or fraudulent misrepresentation, howsoever caused.</li>
<li>
<strong>Waiver.</strong> " |
|
PENDING |
docbot Bot |
| Speedtest by Ookla |
"<em>OOKLA SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
OOKLA, ANY THIRD PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF BUSINESS OR LOST PROFITS, LOSS OF REPUTATION OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, OOKLA IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF OOKLA SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST OOKLA, OR (II) ONE HUNDRED U.S.
DOLLARS ($100.00).</em>
</p>
<p>
" |
|
PENDING |
docbot Bot |
| Valour |
"Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your Account, You may simply discontinue using the Service.</p>
Limitation of Liability
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| Logitech |
"Some jurisdictions do not allow these limitations, so the above limitations may not apply in your jurisdiction.</p>
LIMITATION OF LIABILITY
<p>YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOGITECH (OR LOGITECH’S OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF LOGITECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, REMOVAL OR TERMINATION OF THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THIS WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE.
IN NO EVENT SHALL LOGITECH’S AND ITS SUPPLIERS’ CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THIS WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO LOGITECH DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE, OR $100.00, WHICHEVER AMOUNT IS LESS.
Some jurisdictions, such as New Jersey, do not allow these limitations, so the above limitations do not apply in New Jersey and may not apply in your jurisdiction.</p>
" |
|
PENDING |
docbot Bot |
| Shane Co. |
"Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.
We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
<br>
<br>Except where prohibited, by visiting and using ShaneCo.com, you agree that: (1) any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of this Privacy Policy shall be resolved exclusively by means of arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, in Denver, Colorado, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals.
(2) SHANE CO.’S LIABILITY ARISING IN CONNECTION WITH THIS PRIVACY POLICY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF $1.00 AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHANE CO.
SHALL NOT BE LIABLE FOR, AND YOU WAIVE ALL RIGHTS TO CLAIM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, " |
|
PENDING |
docbot Bot |
| Instacart |
"ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF INSTACART OR INSTACART’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>INSTACART, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO INSTACART DURING THE PAST 12 MONTHS IN CONNECTION WITH THE SERVICES.</p>
<p>U.S.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN LIABILITIES, SO " |
|
PENDING |
docbot Bot |
| Intercom |
"If Customer is required by Law to withhold any Taxes from Customer's payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings, Intercom receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such withholdings been made.
Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.</p>
<p>7.3. <strong>Payment Via Credit Card.</strong>" |
|
PENDING |
docbot Bot |
| Newfold Digital Inc |
"NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ENDURANCE’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO US FOR YOUR USE OF THE SITE OR $10.00.
THIS IS AN AGGREGATE LIMIT.
THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
<strong>Termination of Access.</strong> " |
|
PENDING |
docbot Bot |
| Intercom |
"If Customer is required by Law to withhold any Taxes from Customer's payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings, Intercom receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such withholdings been made.
Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.</p>
<p>7.3. <strong>Payment Via Credit Card.</strong>" |
|
PENDING |
docbot Bot |
| Intercom |
"If Customer is required by Law to withhold any Taxes from Customer's payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings, Intercom receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such withholdings been made.
Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.</p>
<p>7.3. <strong>Payment Via Credit Card.</strong>" |
|
PENDING |
docbot Bot |
| Intercom |
"If Customer is required by Law to withhold any Taxes from Customer's payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings, Intercom receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such withholdings been made.
Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.</p>
<p>7.3. <strong>Payment Via Credit Card.</strong>" |
|
PENDING |
docbot Bot |
| Intercom |
"If Customer is required by Law to withhold any Taxes from Customer's payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings, Intercom receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such withholdings been made.
Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.</p>
<p>7.3. <strong>Payment Via Credit Card.</strong>" |
|
PENDING |
docbot Bot |
| Intercom |
"If Customer is required by Law to withhold any Taxes from Customer's payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings, Intercom receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such withholdings been made.
Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.</p>
<p>7.3. <strong>Payment Via Credit Card.</strong>" |
|
PENDING |
docbot Bot |
| Intercom |
"If Customer is required by Law to withhold any Taxes from Customer's payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings, Intercom receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such withholdings been made.
Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.</p>
<p>7.3. <strong>Payment Via Credit Card.</strong>" |
|
PENDING |
docbot Bot |
| Intercom |
"If Customer is required by Law to withhold any Taxes from Customer's payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings, Intercom receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such withholdings been made.
Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.</p>
<p>7.3. <strong>Payment Via Credit Card.</strong>" |
|
PENDING |
docbot Bot |
| Aura |
"Under no circumstances, including, but not limited to, negligence, will UltraVPN or the UltraVPN Entities be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to this Agreement or that result from your use of or your inability to use the Service or Software, or any other interactions with UltraVPN, even if UltraVPN or an UltraVPN authorized representative has been advised of the possibility of such damages.</p>
</li>
<li>
<p>
<strong>14.2 Limitation of Damages.</strong> In no event will the total liability of UltraVPN or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers to you for all damages, losses, and causes of action arising out of or relating to this Agreement or your use of the Service or the Software (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the Software and the Service during the twelve months immediately preceding the date of the claim or twenty five United States dollars, whichever is greater.</p>
</li>
<li>
<p>
<strong>14.3 Basis of the Bargain.</strong> " |
|
PENDING |
docbot Bot |
| MeWe |
"Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations may not apply to you.
In no event will our total cumulative liability exceed US $10.00.</p> Ownership In and To The Site and Services <p>Other than User Content (which we do not own and claim no ownership of), we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“MeWe Content”).
" |
|
PENDING |
docbot Bot |
| USA Carry |
"USA Carry shall in no way be liable to you or anyone else, whether from any sources of obligations or in any other way, except in respect of death or personal injury arising from their own negligence, for any claims, losses, demand or damages arising directly or indirectly out or in any way connected with your use of the site.
You hereby agree that the liability of USA Carry, if there is any, arising out of any kind of legal claim in any connected to the site shall not exceed the amount you paid to the site for the use of the same.</p>
<p>
<strong>CONFIDENTIALITY</strong>
</p>
<p>You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members.
" |
|
PENDING |
docbot Bot |
| Intercom |
"If Customer is required by Law to withhold any Taxes from Customer's payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings, Intercom receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such withholdings been made.
Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.</p>
<p>7.3. <strong>Payment Via Credit Card.</strong>" |
|
PENDING |
docbot Bot |
| Intercom |
"If Customer is required by Law to withhold any Taxes from Customer's payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings, Intercom receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such withholdings been made.
Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.</p>
<p>7.3. <strong>Payment Via Credit Card.</strong>" |
|
PENDING |
docbot Bot |
| Enpass |
"NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ENPASS TECHNOLOGIES INC’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.</p>
15.
Member Conduct
<p>As part of our Platform, members may post their content through our forums and blogs (Member Content).
" |
|
PENDING |
docbot Bot |
| Intuitive Password |
"Limitation of liability In no event will Intuitive Password, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement or substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that increase the fees paid by you to Intuitive Password under this agreement during the twelve (12) month period prior to the date the cause of the action accrues.
" |
|
PENDING |
docbot Bot |
| Coinbase |
"You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement (including without limitation your breach of our ‘Behaviour Policy’ or our ‘Policy on Prohibited Use, Prohibited Businesses and Conditional Use’ (as set out in <strong>Appendix 1</strong>)) or your violation of any law, rule or regulation, or the rights of any third party.</p>
<p>8.3 <strong>Limitations of Liability.</strong> Coinbase’s total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in connection with, any breach by Coinbase of this Agreement shall be limited to a maximum aggregate value of the combined value of the Digital Currency and E-Money on deposit in your E-Money Wallet and your Digital Currency Wallet at the time of the relevant breach by Coinbase.
Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute.</p>
<p>8.4 <strong>Limitation of loss.</strong> " |
|
PENDING |
docbot Bot |
| Boingo |
"THE BOINGO NETWORK OR THIRD PARTY NETWORKS, ANY ADVERTISEMENTS OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
(II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
(III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
" |
|
PENDING |
docbot Bot |
| Coinbase |
"Coinbase may control the defense of any such Claim, at your cost and expense, and you will provide Coinbase any assistance that Coinbase reasonably requests in defending any such Claim.</p>
</li>
<li>
<p>
<strong>Limitation of Liability.</strong> To the maximum extent permitted by applicable law, the Coinbase Protected Parties will not be liable for any direct, indirect, incidental, special, punitive, or consequential damages of any kind—including lost profits or trading losses—related to the market data or these Terms, irrespective of whether such damages arise from claims brought in contract, tort, negligence, warranty, strict liability, or any other theory at law or equity, and even if Coinbase has been advised of the possibility of such damages.
Without limiting the foregoing, to the maximum extent permitted by applicable law, in no event will the Coinbase Protected Parties' aggregate liability arising out of or relating to these Terms or your use of Market Data exceed <strong>USD$1,000</strong>.
If any limitations in this paragraph are unenforceable as written in any instance, then such limitations will apply to the maximum extent permitted by applicable law.</p>
</li>
<li>
<p>
<strong>Rules of Construction.</strong> " |
|
PENDING |
docbot Bot |
| 1Password |
"Limitation Of Liability<p>AgileBits, Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for (A) any loss or damage, indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, or (B) for any amount in the aggregate in excess of the fees actually paid by you in the six (6) months preceding the event giving rise to your claim, resulting from (i) your access to or use of the Service.
(ii) your inability to access or use the Service.
(iii) any conduct or content of any third-party on or related to the Service.
(iv) any content obtained from or through the Service.
and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.</p>Disclaimer And Non-Waiver of Rights<p>AgileBits, Inc.
makes no guarantees, representations or warranties of any kind as regards the website and associated technology.
" |
|
PENDING |
docbot Bot |
| Podyssey Podcasts |
"WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Podyssey HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF Podyssey AND THE Podyssey AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).</p>Exclusions to Warranties and Limitation of Liability<p>Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you.</p>Termination<p>Either party may terminate this Agreement at any time by notifying the other party.
" |
|
PENDING |
docbot Bot |
| Dashlane |
"DASHLANE DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.</p>
<p>c.
<em>LIMITATION OF LIABILITY</em>.
EXCEPT IN CASES OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, IN NO EVENT WILL (i) DASHLANE’S LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE MOST RECENT SUBSCRIPTION FEE YOU PAID, OR (ii) DASHLANE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ON WHICH THEY ARE ASSERTED, AND EVEN IF DASHLANE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
" |
|
PENDING |
docbot Bot |
| Clario |
"THE COMPANY SHALL NOT BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH YOU ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY’S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY THE LICENSEE TO THE COMPANY FOR THE SOFTWARE.
" |
|
PENDING |
docbot Bot |
| Circles.Life |
"pure economic loss.
and/or</li>
<li>any indirect or consequential loss.</li>
</ol>
Where the exclusion of liability is not permitted under any law, Liberty Wireless’s total liability to you for any direct, indirect, special, exemplary or consequential damages, or for any other damages shall not exceed the amount you/customer was charged for.
IX.
Indemnities You agree to indemnify and keep Liberty Wireless indemnified against any and all loss, cost, damage, expense or liability, including without limitation, reasonable attorney fees and costs, incurred or suffered by Liberty Wireless as a result of any claim or cause of action asserted against Liberty Wireless by a third party in connection with or arising from your breach of any of the terms contained herein.
X.
Termination Liberty Wireless may terminate or suspend Your access to and use of the Application, and any of the Content and/or Services provided therein at any time, with or without cause, with or without notice.
" |
|
PENDING |
docbot Bot |
| Circles.Life |
"pure economic loss.
and/or</li>
<li>any indirect or consequential loss.</li>
</ol>
Where the exclusion of liability is not permitted under any law, Liberty Wireless’s total liability to you for any direct, indirect, special, exemplary or consequential damages, or for any other damages shall not exceed the amount you/customer was charged for.
IX.
Indemnities You agree to indemnify and keep Liberty Wireless indemnified against any and all loss, cost, damage, expense or liability, including without limitation, reasonable attorney fees and costs, incurred or suffered by Liberty Wireless as a result of any claim or cause of action asserted against Liberty Wireless by a third party in connection with or arising from your breach of any of the terms contained herein.
X.
Termination Liberty Wireless may terminate or suspend Your access to and use of the Application, and any of the Content and/or Services provided therein at any time, with or without cause, with or without notice.
" |
|
PENDING |
docbot Bot |
| Cengage |
"<br>
<br>
<strong>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CENGAGE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CENGAGE DOES NOT WARRANT THAT THE SERVICES, CENGAGE MATERIALS, OR SERVICES ITEMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, CENGAGE MATERIALS, OR SERVICES ITEMS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.</strong>
<br>
<br>
<strong>Limitation of Liability</strong>
<br>
Neither Cengage nor its suppliers, nor their respective directors, employees, officers, or representatives will be liable for any damages of any kind arising from the use of or inability to use the Services, Cengage Materials, or Services Items including, but not limited to, any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, or any lost profits, lost data, or loss of revenue.
Without limiting the foregoing, Cengage’s total liability will at all times be limited to the fees you have paid to Cengage for the Services at issue during the prior three (3) months.
" |
|
PENDING |
docbot Bot |
| Kongregate |
"Arbitration for Less than $10,000.</strong> For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000 USD, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration.
" |
|
PENDING |
docbot Bot |
| ISODME |
"<br>IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall ISODME’s total aggregate liability exceed $10,000.00 U.S.
Dollars.
<br>THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
</p> " |
|
PENDING |
docbot Bot |
| The Movie Database (TMDb) |
"IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SITE,
CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO
YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF
OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR
BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED \$50.</p>
<p>
<strong>16.
Indemnity</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Huawei |
"THEREFORE, THERE MAY BE SOME VARIATIONS BETWEEN THE PRODUCT AND SERVICE INFORMATION YOU SEE ON THIS WEBSITE AND THE ACTUAL PRODUCT YOU PURCHASE OR PRODUCTS FOR SALE IN YOUR MARKET.
HUAWEI DOES NOT GUARANTEE THE CORRECTNESS, COMPLETENESS, OR RELIABILITY OF THE CONTENT OF THIS WEBSITE.
</p>
<p> IN THE EVENT THAT YOU DO NOT ISSUE A CLEAR SERVICE REQUEST, HUAWEI WILL NOT TAKE THE INITIATIVE TO PROVIDE YOU WITH PAID SERVICES BY TELEPHONE OR OTHER MEANS.
IF YOU ACCEPT THE ABOVE SERVICES, HUAWEI SHALL NOT BE RESPONSIBLE FOR THE SERVICE.
</p> Limitation of Liabilities <p> Except where forbidden by law, under all circumstances, HUAWEI will accept no responsibility for all indirect, derivative, incidental, collateral, or punitive damages that may be incurred from usage of this website, including but not limited to profit loss, even if HUAWEI is already aware of the potential risks.
</p>
<p> If your use of this website results in any form of damage or loss, the complete and maximum liability that HUAWEI and its partners assume shall not exceed the total sum of any subscription fees or similar fees related to your use of the services or functions of this website.
</p>
<p> Some legal jurisdictions do not allow for the limitation of liability.
" |
|
PENDING |
docbot Bot |
| OpenWrt |
"<p><a name="11"></a></p>.
<h2><a href="#11">11.
Limitation of Liability</a></h2>.
<p>In no event will OpenWrt, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to OpenWrt under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Stairway Learning (discontinued?) |
"or</li>
<li>10.3.2.7 any special, indirect or consequential loss or damage.</li>
</ol>
</ol>
<p>10.4 We use reasonable endeavours to remove bugs or viruses but we do not guarantee that the Service will be secure or free from bugs or viruses.
You should use your own virus protection software.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service.</p>
<p>10.5 Subject to the express provisions elsewhere in these Terms of Use (including but not limited to sections 9 and 10.1 to 10.4) our total liability, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms of Use including the receipt of the Service shall, in any given 12 month period, be limited to the Service Fees paid for the Service in the 12 month period prior to the date on which the claim arose.</p> 11.
Prohbited Uses of the Service <p>11.1 You may use the Service only for lawful purposes.
" |
|
PENDING |
docbot Bot |
| Aura |
"Under no circumstances, including, but not limited to, negligence, will Pango or the Pango entities be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to this agreement or that result from your use of or your inability to use the service or Pango software, or any other interactions with Pango, even if Pango or a Pango authorized representative has been advised of the possibility of such damages.</p>
<p>
<strong>14.2 Limitation of Damages.</strong> In no event will the total liability of Pango or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers to you for all damages, losses, and causes of action arising out of or relating to this agreement or your use of the service or the Pango software (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the Pango software and the service during the twelve months immediately preceding the date of the claim or twenty five united states dollars, whichever is greater.</p>
<p>
<strong>14.3 Basis of the Bargain.</strong> " |
|
PENDING |
docbot Bot |
| King Digital Entertainment (Candy Crush) |
"IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR GAMES OR SERVICES.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, " |
|
PENDING |
docbot Bot |
| HQ |
"c.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling 1.800.352.5267.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Company will pay the additional cost.
If the arbitrator finds the arbitration to be non-frivolous, Company will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000.
" |
|
PENDING |
docbot Bot |
| HQ |
"DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE APPLICABLE CONTEST, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.</p>
<p>" |
|
PENDING |
docbot Bot |
| NortonLifeLock |
"Limitation of Liability
<p>OTHER THAN PURSUANT TO THE STOLEN IDENTITY EVENT INSURANCE (FOUND HERE) WHICH APPLIES SOLELY TO MEMBERS ENROLLED IN OUR PROTECTION PROGRAMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, LIFELOCK, OUR AFFILIATES, OUR RESPECTIVE LICENSORS, LICENSEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE SERVICE TERMS IS LIMITED TO THE LESSER OF (a) ONE THOUSAND U.S.
DOLLARS ($1,000) OR (b) THE AMOUNTS PAID TO US FOR THE SERVICES THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY.
" |
|
PENDING |
docbot Bot |
| Calyx Institute |
"SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.<p>
</p> 10.
Limitation of Liability THE SOLE LIABILITY OF THE CALYX PARTIES AND THE MOBILE CITIZEN PARTIES TO YOU OR ANY THIRD PARTY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE WILL BE LIMITED TO THE LESSER OF (I) $120 US DOLLARS OR (II) THE TOTAL FEES (EXCLUDING EQUIPMENT FEES) PAID BY YOU TO CALYX, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH ANY SUCH CLAIM AROSE.
THE CALYX PARTIES AND THE MOBILE CITIZEN PARTIES WILL HAVE NO LIABILITY WITH REGARD TO ANY DEFECT OR FAILURE OF THE SERVICE, EQUIPMENT OR SUPPORT SERVICES, ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF YOUR DATA, ANY COST OF OBTAINING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.
" |
|
PENDING |
docbot Bot |
| gmx |
"The term “program” includes the original program and all duplications (copies) of the same, including parts of the program that are combined with other programs.
A program consists of machine-readable instructions, audiovisual content and the associated license materials.</p> 6.
Liability <p>GMX shall not be liable for any loss or damage of whatsoever nature suffered by the customer arising out of or in connection with any breach of this Agreement.
<br>
GMX will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by the customer or for any wasted management time or failure to make anticipated savings or liability the customer incurs to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
<br>
GMX’s total liability to the customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to the equivalent charges actually paid by the customer to GMX in the previous 12 months.
" |
|
PENDING |
docbot Bot |
| Alignable |
"Notwithstanding the above, you agree that Alignable shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.</p>
<p>2.
Arbitration Option: For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration.
" |
|
PENDING |
docbot Bot |
| Bible Gateway |
"NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.</p>
<p> U.S.
Export Controls<br> Software available in connection with the Company Services (the "Software") is further subject to United States export controls.
" |
|
PENDING |
docbot Bot |
| Deliberative Entertainment |
"NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD DELIBERATIVE FROM LIABILITY, YOU AGREE THAT DELIBERATIVE’S MAXIMUM AGGREGATE LIABILITY IN ANY CASE WHATSOEVER WILL BE THE TOTAL AMOUNT PAID BY YOU TO DELIBERATIVE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION.</p>
<p>
<strong>7.
GENERAL</strong>
</p>
<p>
<strong>7.1 Governing Law.
</strong>The TOU and Privacy Policy are governed by the laws of the province of Ontario and the laws of Canada, without reference to principles of conflicts of laws.
" |
|
PENDING |
docbot Bot |
| Goguardian |
"12.2 Cap on Liability</strong>
<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF GOGUARDIAN AND ANY OTHER GOGUARDIAN PARTIES FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR SCHOOL’S USE OR INABILITY TO USE A GOGUARDIAN OFFERING (WHETHER ORDERED DIRECTLY FROM GOGUARDIAN OR THROUGH AN AUTHORIZED RESELLER) FOR ANY CAUSE WHATSOEVER, AND UNDER ANY LEGAL THEORY, INCLUDING NEGLIGENCE, TORT OR STRICT LIABILITY, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES PAID BY SCHOOL (WHETHER TO GOGUARDIAN OR AN AUTHORIZED RESELLER) " |
|
PENDING |
docbot Bot |
| BOTLABS.GG LLC |
"NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, NEITHER BOT LABS NOR ANY LICENSOR SHALL BE LIABLE OR OBLIGATED WITH RESPECT TO THE SUBJECT MATTER HEREOF OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF FIFTY U.S.
DOLLARS ($50.00) OR (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS.
(III) FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
(IV) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA.
" |
|
PENDING |
docbot Bot |
| tellmeGen |
"(vi) the impossibility of providing the service or permitting access for reasons not attributable to TELLMEGEN, due to the User, third parties or events of force majeure.
The responsibility of TELLMEGEN regarding damages and losses of any nature that could be attributed to it, by explicit agreement of both parties will not exceed under any circumstances the quantity that is to be determined in each case in the particular conditions of the service purchased.
In absence of this, the total responsibility of TELLMEGEN, with the exception of a case of gross negligence or fraud, will be limited to the price paid by the corresponding User to TELLMEGEN (without including taxes that might be applied).</p>
2.4 Utilization of hyperlinks.
<p>" |
|
PENDING |
docbot Bot |
| Lydia |
"<ol>
<li>
<ol>
<li>Limitation of liability.
<ol>
<li>Limitation.
IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED $1.00 USD.</li>
<li>Exclusion.
NEITHER PARTY, NOR ITS SUPPLIERS WILL BE LIABLE FOR LOSS OF REVENUE, LOST PROFITS, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF THE PARTY KNEW THEY WERE POSSIBLE.</li>
<li>Exceptions to Limitations. The limits of liability in this Section apply to the fullest extent permitted by applicable law, but do not apply to the breach of any confidentiality obligation or violation of the other’s intellectual property rights.</li>
<li>Disclaimers. EXCEPT " |
|
PENDING |
docbot Bot |
| ZeniMax Media Inc. |
"YOU AGREE THAT ZENIMAX, ITS LICENSORS, RESELLERS, LICENSEES AND AFFILIATES ARE NOT LIABLE TO YOU FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON OR IN THE SERVICES.</p>
<p>D.
Liability Cap.
IN NO CASE SHALL THE AGGREGATE CUMULATIVE LIABILITY OF ZENIMAX OR ITS AFFILIATES, LICENSORS, LICENSEE, content providers, AND distributors/RESELLERS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, contractors, agents, OR vendors, (COLLECTIVELY, " <strong>ZENIMAX</strong>
<strong>AFFILIATES</strong>") FOR DAMAGES TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, ANY SERVICE, OR YOUR ACCESS TO, OR YOUR PLAY, RECEIPT OR USE OF ANY SERVICE EXCEED USD$100.00.</p>
<p>E.
Direct Damages.
SUBJECT TO SECTION 12(D) ABOVE, ZENIMAX WILL COMPENSATE YOU FOR ANY REASONABLY FORESEEABLE LOSS OR DAMAGE YOU CAN SHOW THAT YOU HAVE SUFFERED AS A RESULT OF (I) ZENIMAX'S FAILURE TO CARRY OUT ITS OBLIGATIONS UNDER THESE TERMS OF SERVICE TO A REASONABLE STANDARD OR (II) ZENIMAX'S BREACH OF ANY DUTIES IMPOSED ON ZENIMAX BY LAW (INCLUDING, BUT NOT LIMITED TO, IF ZENIMAX CAUSES DEATH OR PERSONAL INJURY BY ZENIMAX'S NEGLIGENCE), UNLESS THE FAILURE OR BREACH IS ATTRIBUTED TO: (A) YOUR OWN FAULT.
" |
|
PENDING |
docbot Bot |
| Replit |
"Limitation Of Liability<p>
</p>
<p>In no event shall Replit, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service.
(ii) any conduct or content of any third party on the Service.
(iii) any content obtained from the Service.
and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Replit’s total, cumulative liability for any claim, loss or damage arising out of or relating to these terms shall be one hundred dollars ($100.00 USD).
</p>
<p>NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (X) DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS.
" |
|
PENDING |
docbot Bot |
| BOTLABS.GG LLC |
"SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
</p>
<p>
<em>Limitation of Liability</em>.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE BOT LABS PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO BOT LABS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.
" |
|
PENDING |
docbot Bot |
| Hulu |
"NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO HULU FOR ACCESS TO YOUR SUBSCRIPTION IN THE 6 MONTHS PRECEDING THE CLAIM OR $50, WHICHEVER IS GREATER.</p>
<p>YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE HULU PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, " |
|
PENDING |
docbot Bot |
| Cloudflare |
"SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.</p>
12.
Limitation of Liability
<p>IN NO EVENT WILL THE CLOUDFLARE ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE CLOUDFLARE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.</p>
<p>YOU AGREE THAT THE AGGREGATE LIABILITY OF THE CLOUDFLARE ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICES (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES) OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO CLOUDFLARE TO ACCESS AND USE THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| PCPartPicker |
"Limitation of Liability
<p>In no event will PCPartPicker, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to PCPartPicker under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| McGraw Hill |
"WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE MCGRAW HILL CONTENT, SITES, THE SERVICES, OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS OF USE AND IN NO EVENT SHALL THE LIABILITY OF MCGRAW HILL OR ITS LICENSORS FOR WHATEVER CAUSE EXCEED THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE MCGRAW HILL CONTENT, THE SITES, OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT THE FOREGOING EXCLUSION OF LIABILITY IS NOT PERMITTED UNDER APPLICABLE LAW, MCGRAW HILL'S LIABILITY IN SUCH CASE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.</p>
</li>
<li>
<p>
<b>INFRINGEMENT NOTIFICATION.
</b>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Coinbase |
"You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement (including without limitation your breach of our ‘Behaviour Policy’ or our ‘Policy on Prohibited Use, Prohibited Businesses and Conditional Use’ (as set out in <strong>Appendix 1</strong>)) or your violation of any law, rule or regulation, or the rights of any third party.</p>
<p>8.3 <strong>Limitations of Liability.</strong> Coinbase’s total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in connection with, any breach by Coinbase of this Agreement shall be limited to a maximum aggregate value of the combined value of the Digital Currency and E-Money on deposit in your E-Money Wallet and your Digital Currency Wallet at the time of the relevant breach by Coinbase.
Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute.</p>
<p>8.4 <strong>Limitation of loss.</strong> " |
|
PENDING |
docbot Bot |
| Lulu |
"Net Revenue </b>- means the remaining monies after subtracting Lulu’s manufacturing costs and markups or fees for sales with distribution partners, from the monies actually received for customer purchases of Content (based on Gross Selling Price).</p>
</li>
</ul>
<ul>
<li>
<p>
<b>Returns and Refunds </b>- when we process returns or refunds of purchased Content, this may result in an offset of the amount of Net Revenue owed to you.</p>
</li>
</ul>
<ul>
<li>
<p>
<b>" |
|
PENDING |
docbot Bot |
| Flero Games |
"We may, at its sole discretion, attempt to mediate disputes between Users.
We are not responsible and expressly disclaim any liability for any transactions administered by a third party payment service provider and/or store.
<br>
<br>
<br>
9.4.
Limitation of Liability: YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU IN THE 100 DAY PERIOD ENDING ON THE DATE OF YOUR CLAIM.
" |
|
PENDING |
docbot Bot |
| Instructure |
"THE USE OR INABILITY TO USE THE SERVICES, EVEN IF INSTRUCTURE HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH LOSS.
SAVE AS SET OUT IN THE FIRST SENTENCE OF THIS SECTION 10, INSTRUCTURE AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE TO YOU FOR MORE THAN ANY AMOUNTS RECEIVED BY INSTRUCTURE FROM YOU AS A RESULT OF YOUR PERSONAL USE OF THE SERVICE IN THE 12 MONTHS PRECEDING YOUR CLAIM.
IF YOU HAVE NOT PAID INDIVIDUALLY ANY AMOUNTS IN THE 12 MONTHS PRECEDING YOUR CLAIM, INSTRUCTURE’S SOLE AND EXCLUSIVE LIABILTY SHALL BE NO MORE THAN $50.
" |
|
PENDING |
docbot Bot |
| Kritik |
"(EVEN IF KRITIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS AND USE THE WEBSITE, LICENSED CONTENT OR THE KRITIK SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO KRITIK RECORDS, PROGRAMS, SERVICES OR SYSTEMS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS KRITIK AND ITS LICENSORS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE HEREIN CONTAINED, IN NO EVENT WILL KRITIK OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES, COSTS, CLAIMS OR OTHER LIABILITIES RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, IN EXCESS OF THE TOTAL FEES PAID BY YOU FOR THE RIGHT TO ACCESS AND USE THE KRITIK SERVICES AND LICENSED CONTENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT OR ACT GIVING RISE TO THE CAUSE OF ACTION.
" |
|
PENDING |
docbot Bot |
| Doublelist |
"and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with DL.
DL Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to DL, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss.
Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.</p>
<br>
<p>
<b>INDEMNITY.</b>" |
|
PENDING |
docbot Bot |
| Proctorio |
"You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.</p>
C.
Limitation of Liability
<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROCTORIO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO,USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES OR CONTENT.
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
(iii) ANY CONTENT OBTAINED FROM THE SERVICES.
OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT</p>
<p>IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PROCTORIO ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S.
DOLLARS (U.S.
$100.00) OR, FOR AN INSTITUTION THE AMOUNT YOU PAID PROCTORIO, IN THE PAST TWELVE MONTHS.</p>
<p>THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE PROCTORIO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p> 15.
General Terms.
A.
English Language.
<p>" |
|
PENDING |
docbot Bot |
| HuffPost |
"THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING.<br>
<br> TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE STATED IN SECTION 14, VERIZON MEDIA ENTITIES ARE NOT LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS OR SERVICES FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO US FOR THE SERVICES.</p>
</li>
<li>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| 23andMe |
"ANY ACTIONS RESULTING FROM YOUR
PARTICIPATION IN THE SERVICES AND, THEREFORE, 23ANDME SPECIFICALLY DOES NOT
ACCEPT ANY RESPONSIBILITY WITH REGARD TO YOUR ACTIONS RESULTING FROM YOUR
PARTICIPATION IN THE SERVICES.
</li>
<li>
23ANDME DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE
PERSONS USING THE SERVICES.
23ANDME DOES NOT HAVE ANY OBLIGATION TO MONITOR
THE USE OF THE SERVICES BY OTHER USERS OF THE SERVICE.
AS SUCH, 23ANDME WILL
NOT BE RESPONSIBLE FOR ANY DAMAGE YOU SUFFER AS A RESULT OF YOUR INTERACTIONS
WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE
OF YOUR IDENTITY OR INFORMATION.
</li>
<li>
BECAUSE WE CANNOT CONTROL THE BEHAVIOR OF OUR USERS 23ANDME DOES NOT GUARANTEE
THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY USER CONTENT OR ADOPT, ENDORSE
OR ACCEPT RESPONSIBILITY FOR THE CONDUCT OF ANY USERS OR FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE OR STATEMENTS THEY MAKE.
</li>
</ul> Limitation of Liability <strong>
</strong>
<ul>
<li>
TO THE EXTENT PERMITTED BY LAW, 23ANDME'S TOTAL RESPONSIBILITY FOR ANY AND
ALL CLAIMS YOU MAKE UNDER THESE TOS (INCLUDING IMPLIED TERMS) OR RELATED TO
THE USE OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID (OR SOMEONE
PAID TO US ON YOUR BEHALF) " |
|
PENDING |
docbot Bot |
| Airfind |
"OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SERVICE, INCLUDING AS A RESULT OF COMMUNICATIONS OR MEETING WITH USERS OF THE SERVICE.
OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
</p>
<p> SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Humata |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 USD.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| AliExpress |
"8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Alibaba.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Alibaba.com in exchange for the access to or use of the Site or Services during the calendar year and (b) the maximum amount permitted under the applicable law.
The preceding sentence shall not preclude the requirement by the User to prove actual damages.
" |
|
PENDING |
docbot Bot |
| Flipgrid |
"HER SETTLEMENT WITH THE DEBTOR." </b>
</p>
<p>
<b>7.
LIMITATION ON LIABILITY</b>
</p>
<p>If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Flipgrid, Microsoft Corporation or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free).
" |
|
PENDING |
docbot Bot |
| Skooler |
"SKOOLER shall not be liable for any monetary damages whatsoever with respect to Your use of the Website and Services hereunder (or use by Your Authorized Users), nor shall SKOOLER be liable for any indirect, incidental, consequential, special, punitive or exemplary damages arising out of this Agreement, even if SKOOLER is advised of the possibility of such damages.
The entire risk as to the results and performance of the Website and Services is assumed by You and You agree to implement and adopt reasonable measures to examine and confirm results prior to use, to save data, and limit exposure to errors and failures in data.</p>
<p>
<strong>6.3 Limitation of Liability.</strong> The total liability of SKOOLER, whether under the express or implied terms of this Agreement, in tort (including negligence or other duty of care) or at common law, for any loss or damage including but not limited to any data loss or corruption, suffered by You or any Authorized Users or third parties, whether direct, indirect or special, or any other similar damage that may arise or does arise from use of the Website and Services or any breach of this Agreement by SKOOLER, shall in no event exceed the amount paid by You to SKOOLER for the Services.
These limitations of liability shall survive failure of any exclusive remedies provided in the agreement.</p>
<br> 7.0 INDEMNITY <p>
<strong>7.1 Indemnity.</strong> " |
|
PENDING |
docbot Bot |
| Anchor |
"(2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Services, or third party services, regardless of legal theory, without regard to whether Spotify has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose.
or (3) aggregate liability for all claims relating to the Services more than the amounts paid by you to Spotify during the prior twelve months in question.</strong>
</p>
<p>
<strong>Nothing in the Terms removes or limits Spotify’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.</strong>
</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| XE.com |
"ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY INFORMATION AND CONTENT, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.</li>
</ul>
<p>TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, XE'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $1.00.</p> " |
|
PENDING |
docbot Bot |
| Trakt |
"THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S.
DOLLARS ($100.00).
" |
|
PENDING |
docbot Bot |
| Padlet |
"WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PADLET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PADLET AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (US$50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S). <br>
<br>
<strong>
<br>11.
Exclusions to Warranties and Limitation of Liability <br>
</strong>
<br>Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you. <br>
<br>
<strong>
<br>12.
Termination <br>
</strong>
<br>Either party may terminate this Agreement at any time by notifying the other party.
Padlet may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement.
In particular, Padlet may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
" |
|
PENDING |
docbot Bot |
| Politico |
"We reserve the right to reject any ad copy.
All orders are subject in all respects to our then-current rules and regulations and then-current demands upon advertising space.
Our liability for an error will not exceed the cost of the space occupied by the error, and in no event shall our liability for your use of our classified advertising services exceed the amount you paid for the use of the services.
We reserve the right to edit, reclassify, revise, or cancel any advertisement at any time.
Rates and specifications are subject to change.
We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status.</p>
<p>
<br>
</p>
<b>JOB LISTINGS</b>
<p>
<br> " |
|
PENDING |
docbot Bot |
| Lucid Software |
"Limitation of Liability<p>18.1 TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (REGARDLESS OF THE BASIS OR TYPE OF CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR ANY LOST PROFITS, REVENUES OR DATA, BUSINESS INTERRUPTION, DEPLETION OF GOODWILL, COVER, OR INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS.
EACH PARTY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID OR PAYABLE BY YOU HEREUNDER WITHIN THE SIX (6) MONTHS IMMEDIATELY " |
|
PENDING |
docbot Bot |
| Immunet |
"THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE CLAIMS ARE IN WARRANTY, CONTRACT, TORT, INFRINGEMENT, OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CISCO’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE CLOUD SERVICE, SOFTWARE, CISCO CONTENT AND/OR THE DOCUMENTATION EXCEED FIFTY U.S.
DOLLARS ($50.00USD).
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Sync |
"OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.</p>
<p>Please note that some jurisdictions do not allow the type of exclusion listed above, so some of these exclusions may not apply to You.</p> 12.
Limitation of Liability <p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SYNC.COM, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SYNC.COM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL BE NO MORE THAN THE GREATER OF $100 USD OR THE AMOUNTS PAID BY YOU TO SYNC.COM FOR THE MOST RECENT TWELVE-MONTH PERIOD FOR THE SERVICES IN QUESTION.</p>
<p>" |
|
PENDING |
docbot Bot |
| Fivestars |
"OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT SHALL FIVESTARS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FIVESTARS IN THE LAST SIX (6) MONTHS OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Staples Inc |
"IN NO EVENT SHALL THE TOTAL LIABILITY OF THE STAPLES PARTIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).</p>
<p>CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Politico |
"We reserve the right to reject any ad copy.
All orders are subject in all respects to our then-current rules and regulations and then-current demands upon advertising space.
Our liability for an error will not exceed the cost of the space occupied by the error, and in no event shall our liability for your use of our classified advertising services exceed the amount you paid for the use of the services.
We reserve the right to edit, reclassify, revise, or cancel any advertisement at any time.
Rates and specifications are subject to change.
We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status.</p>
<p>
<br>
</p>
<b>JOB LISTINGS</b>
<p>
<br> " |
|
PENDING |
docbot Bot |
| Keybase |
"SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS.
IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.</p>
Limitation of Liability
<p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KEYBASE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF KEYBASE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF KEYBASE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO FIFTY DOLLARS ($50.00).
THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
" |
|
PENDING |
docbot Bot |
| Xfinity |
"BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.</p>
<p>B.
YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST COMCAST MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.</p>
<p>C.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL COMCAST BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING OR RESULTING FROM ANY INTERRUPTION IN OR DISRUPTION TO THE COMCAST WEB SERVICES.
IN NO EVENT SHALL COMCAST BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER COMCAST WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL COMCAST’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE GREATER OF: (1) $2,500.
OR (2) THREE (3) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU TO COMCAST PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH SHALL NOT APPLY TO INJURIES: (1) TO THE BODY OR PERSON.
" |
|
PENDING |
docbot Bot |
| Selfie2Anime |
"While Selfie2Anime attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components.
You assume the entire risk as to the quality and performance of the Services.</p>
</li>
</ol> Limitation of Liability <ol>
<li>
<p>Selfie2Anime and the other Selfie2Anime Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Selfie2Anime or the other Selfie2Anime Parties have been advised of the possibility of such damages.</p>
</li>
<li>
<p>The total liability of Selfie2Anime and the other Selfie2Anime Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.</p>
</li>
<li>
<p>The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Selfie2Anime or the other Selfie2Anime Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
" |
|
PENDING |
docbot Bot |
| 1Muslim |
"the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.</strong>
</li>
</ul>
<p>
<strong>This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.</strong>
</p>
<p>
<strong>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User.
The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction.
" |
|
PENDING |
docbot Bot |
| FullContact |
"Limitation on Liability</b>
<ol>
<li>IN NO EVENT SHALL WE (AND OUR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES, OR FULLCONTACT DATA (INCLUDING THE API), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESS TO, AND USE OF, THE SITE, SERVICES, AND FULLCONTACT DATA (INCLUDING THE API) ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.</li>
<li>NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS TERMS OF USE, THE SITE SERVICES, FULLCONTACT DATA (INCLUDING THE API) (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID COMPANY RELATED TO YOUR ORDERS IN THE PRIOR 12 MONTHS (IF ANY).
" |
|
PENDING |
docbot Bot |
| A Cloud Guru |
"ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.</p>
<p>
<b>10.2. .
Limitation of Liability Amount.</b> .
THE MAXIMUM AGGREGATE LIABILITY OF SUBSCRIBER OR ACG GROUP, AS APPLICABLE, UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE TO ACG, AS APPLICABLE, FOR THE SPECIFIC SERVICES GIVING RISE TO SUCH CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.</p>
<p>
<b>10.3. .
Acknowledgment and Exclusions.</b> .
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT APPLY TO CLAIMS OF FRAUD, WILLFUL MISCONDUCT, " |
|
PENDING |
docbot Bot |
| Kickstarter |
"(ii) for any lost profits, data loss, or cost of procurement or substitute goods or services.
or (iii) for any conduct of content of any third party on the Site.
In no event shall Kickstarter’s liability for direct damages be in excess of (in the aggregate) one hundred U.S.
dollars ($100.00).
</p> 17.
Dispute Resolution and Governing Law <p>
" |
|
PENDING |
docbot Bot |
| Asana |
"OR RECOMMENDATIONS APPEARING ON THE SERVICE AND WEBSITES, OR ANY LINK PROVIDED ON THE SERVICE AND WEBSITES, WHETHER OR NOT ASANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE.
THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE OR WEBSITES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100.
ASANA DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND WEBSITES OR " |
|
PENDING |
docbot Bot |
| sporcle |
"IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY CONTENT AVAILABLE ON THE SITE OR ANY EMAIL SENT FROM US EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF THE SITE.
MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Chess.com |
"IF, FOR ANY REASON, A COURT FINDS CHESS.COM LIABLE FOR DAMAGES NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHESS.COM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE EXCEED ONE HUNDRED U.S.
DOLLARS (U.S.
$100.00).</p>
<p>THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), CONSUMER PROTECTION LAW, OR OTHERWISE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p> EXCLUSIONS AND LIMITATIONS <p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| GetMyDrivers |
"LIMITATION OF LIABILITY <ol>
<li> TO THE MAXIMUM EXTENT PERMITTED BY LAW, REALDEFENSE, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES REALTED TO LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
</li>
<li> THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER REALDEFENSE OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
</li>
<li> IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, REALDEFENSE, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY DAMAGES RELATED TO LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
REAL DEFENSE AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
</li>
<li> WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF 50 USD OR THE ACTUAL AMOUNT YOU HAVE PAID UNDER YOUR CURRENT SERVICE PLAN WITH REALDEFENSE.
</li>
" |
|
PENDING |
docbot Bot |
| Nintendo |
"NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINTENDO OR ITS REPRESENTATIVES CREATES A WARRANTY.
THE SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND.
NINTENDO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINTENDO AND ITS AFFILIATED COMPANIES, LICENSEES, LICENSORS AND CONTRACTORS ("<strong>NINTENDO PARTIES</strong>") WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, EVEN IF NINTENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, THE NINTENDO PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE SERVICES THAT ARE THE SUBJECT OF SUCH CLAIM.
IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU.
IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.</p>
</li>
<li> Indemnity.
<p>" |
|
PENDING |
docbot Bot |
| Open Collective |
"In addition, Open Collective does not represent or warrant that our <strong>Platform</strong> is accurate, complete, reliable, current or error-free.
While Open Collective attempts to make your access to and use of our <strong>Platform</strong> safe, we cannot and do not represent or warrant that our <strong>Platform</strong> or servers are free of viruses or other harmful components.
You assume the entire risk as to the quality and performance of the <em>
<em>Platform\</em>\</em>.</p>
18.
Limitation of Liability
<p>(a) <strong>Open Collective and the other Open Collective Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Open Collective or the other Open Collective Parties have been advised of the possibility of such damages.</strong>
</p>
<p>(b) <strong>The total liability of Open Collective and the other Open Collective Parties, for any claim arising out of or relating to these Terms or our Platform, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Platform during the 12 months immediately preceding the event giving rise to your claim.</strong>
</p>
<p>(c) <strong>The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional, willful, malicious or reckless misconduct of Open Collective or the other Open Collective Parties.</strong>
</p>
" |
|
PENDING |
docbot Bot |
| Nintendo |
"NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINTENDO OR ITS REPRESENTATIVES CREATES A WARRANTY.
THE NINTENDO ACCOUNT SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND NINTENDO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE NINTENDO ACCOUNT SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINTENDO WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE NINTENDO ACCOUNT SERVICES, EVEN IF NINTENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, NINTENDO’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE NINTENDO ACCOUNT SERVICES IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE NINTENDO ACCOUNT SERVICES.
IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU.
IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.</p> 16.
Dispute Resolution.
" |
|
PENDING |
docbot Bot |
| Uplay |
"THE LIABILITY OF UBISOFT, INCLUDING ITS LICENSORS AND AFFILIATED COMPANIES AND THEIR RESPECTIVE EMPLOYEES, MANAGERS OR DIRECTORS (COLLECTIVELY REFERRED TO AS THE <b>"AFFILIATES"</b>) TO YOU MAY NOT EXCEED THE PRICE YOU HAVE PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE DISPUTE.</p>
<p>REGARDLESS OF THE ABOVE, THE PROVISIONS OF THIS SECTION IN NO EVENT LIMIT OUR LIABILITY TO YOU IN THE EVENT OF FRAUDULENT STATEMENTS OR DEATH OR PHYSICAL INJURY RESULTING FROM OUR NEGLIGENCE.
" |
|
PENDING |
docbot Bot |
| Prezi |
"THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</b>
</p>
<p>
<b>TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PREZI, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES OVER THE PRIOR SIX-MONTH PERIOD.</b>
</p>
<p>
<b>YOU SPECIFICALLY ACKNOWLEDGE THAT PREZI AND THE PREZI AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.</b>
</p>
<b>14.
Exclusions and Limitations </b>
<p>
<b>SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Vimeo |
"Concerning any third-party websites and resources.</li>
</ul>
<strong>10.
Limitation of Liability</strong>
<p>TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) VIMEO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF VIMEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AND (B) VIMEO'S TOTAL LIABILITY TO YOU, EXCEPT FOR VIMEO’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO VIMEO OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.</p>
<strong>11.
Disputes, Arbitration, and Choice of Law</strong>
<p>" |
|
PENDING |
docbot Bot |
| A Cloud Guru |
"YOU ARE RESPONSIBLE FOR TAKING PRECAUTIONS TO ENSURE THAT THE PROCESS WHICH YOU EMPLOY FOR ACCESSING THE WEBSITE DOES NOT EXPOSE YOU TO THE RISK OF VIRUSES, MALICIOUS COMPUTER CODE, OR OTHER FORMS OF INTERFERENCE WHICH MAY DAMAGE YOUR OWN COMPUTER SYSTEM.</p>
<p>
<strong>9. .
LIMITATION OF LIABILITY FOR PAID SERVICES</strong>
</p>
<p>WITH RESPECT TO ANY SERVICES FOR WHICH YOU PURCHASE A PAID SUBSCRIPTION:</p>
<p>THE MAXIMUM AGGREGATE LIABILITY OF THE ACG GROUP IN CONNECTION WITH OR RELATED TO PAID SERVICES, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO ACG FOR THE SPECIFIC SERVICES GIVING RISE TO SUCH CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.</p>
<p>NOTHING IN THIS SECTION WILL EXCLUDE OR LIMIT ACG’S LIABILITY FOR: (I) DEATH OR PERSONAL INJURY.
(II) FRAUD OR WILLFUL MISCONDUCT.
OR (III) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. .
" |
|
PENDING |
docbot Bot |
| Mapbox |
"If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us after such deduction or withholding, will be equal to the full amount that we would have received if no deduction or withholding had been required.
The payment of any taxes, charges or fees required to be deducted or withheld from payments due to us, and the filing of any information or tax returns with respect thereto, shall be your responsibility.
" |
|
PENDING |
docbot Bot |
| Consumer News & Business Channel |
"OR (2) CONTENT POSTED TO THE SITE OR SERVICES BY YOU OR ANY THIRD PARTY.
</p>
<strong>15.
</strong>
<strong>Limitation of Liability.
Applicability of Disclaimers, Exclusions and Limits</strong>
<p>IN NO EVENT WILL THE NBCUNIVERSAL PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO NBCUNIVERSAL IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.
OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.</p>
<p>BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, NBCUNIVERSAL PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.
" |
|
PENDING |
docbot Bot |
| Virtual World Computing Cocoon MyData Rewards |
"No Warranty.
Disclaimer</strong>
<br>
To the maximum extent permitted by applicable law, the Software is provided “AS IS”, and “AS AVAILABLE”, without warranty of any kind.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, COCOON EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Cocoon OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.</p>
<p>
<strong>Limitation of Liability</strong>
<br>
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT COCOON AND ITS SUBSIDIARIES’ AND AFFILIATES’, AND ITS LICENSORS’ (“COCOON PARTIES”) TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID TO COCOON BY YOU FOR THE SOFTWARE OR, IN THE EVENT THAT COCOON HAS MADE THE SOFTWARE AVAILABLE TO YOU WITHOUT CHARGE, ANY SUCH TOTAL LIABILITY WILL BE LIMITED TO TWENTY DOLLARS ($20).
IN NO EVENT WILL COCOON BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT Cocoon HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
" |
|
PENDING |
docbot Bot |
| Vego+ |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE three (3) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Prezi |
"Prezi's liability for damages of any kind whatsoever arising out of this agreement shall be limited to $50 (U.S.), except where not permitted by applicable law, in which case Prezi's liability shall be limited to the maximum extent permitted by such applicable law.
The foregoing limitations shall apply even if Prezi has been informed of the possibility of such damages.
The foregoing limitations also apply with respect to Prezi's contractors and agents.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to you.</p>" |
|
PENDING |
docbot Bot |
| Enphase |
"Enphase does not provide any warranty, whether express, implied or statutory, including warranties of merchantability, quality, fitness for a particular purpose, title, non-infringement of Intellectual Property Rights, accuracy, system integration, timeliness or satisfactory quality, regarding its Products in these Terms.</p>
<p>
<strong>8.
Limitation of Liability</strong>
</p>
<p>You agree that, to the full extent permitted by applicable law, Enphase has no liability for indirect, incidental, exemplary, punitive or consequential damages with respect to these Terms or any of the Websites, Website Content, or Products and Services provided hereunder even if we have been advised of the possibility of such damages.
We shall not be liable for any damages resulting from your access to or use of, or inability to access or use, the Websites, Website Content, Products or Services, or from your reliance on any of the Websites, Website Content, or Products or Services.
In no event shall our aggregate cumulative liability with respect to these Terms or any of the Websites, Website Content, or Products and Services provided hereunder exceed one hundred U.S.
Dollars (100 USD).
The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
Some jurisdictions do not allow the limitation or exclusion of liability, so the above limitations may not apply to you.</p>
<p>
<strong>9.
Third Party Content</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Kairos Software |
"(d) As some jurisdictions do not allow some of the exclusions set forth in this Section 9, some of these exclusions may not apply to you.</p>
<p>9.
Limitation of Liability </p>
<p>(a) IN NO EVENT SHALL KAIROS, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE KAIROS SOFTWARE, EVEN IF KAIROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL KAIROS BE LIABLE TO YOU FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY YOU TO KAIROS DURING THE 12 MONTHS PRECEDING THE INCIDENT OR CLAIM.
THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
THE KAIROS SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES.
" |
|
PENDING |
docbot Bot |
| Houseparty |
"You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.</p> Limitation of Liability <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIFE ON AIR ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
(iii) ANY CONTENT OBTAINED FROM THE SERVICES.
OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.</p>
<p>IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE LIFE ON AIR ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S.
DOLLARS (U.S.
$100.00) OR THE AMOUNT YOU PAID LIFE ON AIR, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE LIFE ON AIR ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p> " |
|
PENDING |
docbot Bot |
| DeepL |
"In the case of Section 13.4, DeepL assumes no liability for lack of commercial success, lost profits and indirect damages.</p>
</li>
<li> 13.6 <p>Liability pursuant to Section 13.4 above is limited to typical and foreseeable damages at the time this Agreement enters into legal effect.</p>
</li>
<li> 13.7 <p>If Customer is an entrepreneur in terms of Section 14 German Civil Code (“<i>BGB</i>”) the Parties agree that the typical and foreseeable damage per year is limited to the annual amount payable by Customer.</p>
</li>
<li> 13.8 <p>Liability limitations apply accordingly to the benefit of employees, contractors and assistants of DeepL.</p>
</li>
<li> " |
|
PENDING |
docbot Bot |
| IPVanish |
"ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.
<br>
<br> IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE IPVANISH PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SERVICE, SOFTWARE OR ANY CONTENT THEREIN, THE IPVANISH PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID IPVANISH FOR YOUR USE OF THE SERVICE.
AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
<br>
<br> SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES.
IN SUCH STATES OR JURISDICTIONS, THE IPVANISH PARTIES' LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
" |
|
PENDING |
docbot Bot |
| The Markup |
"↩ link <strong>Limitation of Liability</strong>
<p>The Markup and its directors, officers, employees, agents, representatives, partners, licensors and affiliates are not liable for any claim of any nature whatsoever based on loss or injury because of errors, omissions, interruptions, or inaccuracies in the Website or any services or Content available through it, including loss or injury that results from your breach of any provision of these terms.</p>
<p>Under no circumstances will The Markup or its directors, officers, employees, agents, representatives, partners, licensors or affiliates be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including lost revenues or profits, loss of business, or loss of data) arising out of or in connection with your use of the Website or services available through the Website or these terms, regardless of the theory of liability, whether tort (including negligence), contract, or any other legal or equitable theory.
Our aggregate liability to you for any use of, or inability to use, the Website, services, or content is limited to $100.
" |
|
PENDING |
docbot Bot |
| likee |
"(vi)disputes between you and another user of Likee Services.</p> 13.
Limitation of Liability <p>NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIGO’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE CHARGES (IF ANY) PAID BY YOU.
IF NO AMOUNTS WERE PAID, YOU SHALL NOT BE ENTITLED TO ANY MONETARY OR EQUIVALENT REMEDY.</p>
<p>" |
|
PENDING |
docbot Bot |
| Mint Mobile |
"WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND WE DO NOT AUTHORIZE ANYONE TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON OUR BEHALF.
WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE.</p>
<p>
<b>19.
Waivers and Limitations of Liability.
UNLESS PROHIBITED BY LAW, OUR LIABILITY FOR DAMAGES OR OTHER MONETARY RELIEF FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SERVICE FROM WHICH THE DAMAGES OR OTHER LIABILITY AROSE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
" |
|
PENDING |
docbot Bot |
| Kali NetHunter |
"Disqualify you for life from all of our courses and exam(s)</li>
<li>Disqualify you for life from buying our Products</li>
</ul>
<p>Our total liability to each other for Damages in connection with the Terms, Products or Materials will not exceed the amount paid by you for the Product giving rise to the claim during the 12 months immediately preceding the date the claim arose.</p>
<p>We have no liability to you if you are a Site visitor or user of our free Products only.</p>
<p>Neither of us will be liable for (a) indirect, incidental, punitive, special or consequential Damages (b) loss of profits (except regarding non payment of the Price) even if that Damage or loss could have been foreseen or prevented.</p>
<p>The limits on liability in the Terms do not apply to (a) fraud, fraudulent misrepresentation, gross negligence or willful misconduct (b) negligence causing death or personal injury (c) your indemnification obligations (d) a party’s infringement of the other’s Intellectual Property Rights (e) breaches relating to Confidential Information (f) your liability to pay the Price.
" |
|
PENDING |
docbot Bot |
| pCloud |
"(iii) or for any other liability that may not, under the applicable law, be limited or excluded.
</p>
<p> Subject to the above, in no event will pCloud, or any of its respective directors, officers, employees, and agents, be liable to you in connection with the Site or the Services (whether for breach of contract, negligence or any other reason) for: (i) any consequential, incidental or indirect damages.
or (ii) loss of business profits, business interruption or loss of business information.
Any liability we do have for losses you suffer is strictly limited to losses that were a direct and reasonably foreseeable result of our default.
</p>
<p> Where you use the Site or Services in the course of a business, pCloud's aggregate liability (and whether such liability arises as a result of any breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or for any other reason) will be limited to the higher of: (a) total fees paid by you to pCloud for use of the Site or Services.
" |
|
PENDING |
docbot Bot |
| Houseparty |
"You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.</p> Limitation of Liability <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIFE ON AIR ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
(iii) ANY CONTENT OBTAINED FROM THE SERVICES.
OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.</p>
<p>IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE LIFE ON AIR ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S.
DOLLARS (U.S.
$100.00) OR THE AMOUNT YOU PAID LIFE ON AIR, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE LIFE ON AIR ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p> " |
|
PENDING |
docbot Bot |
| Ritual |
"OR (5) ANY OTHER MATTER RELATED TO THE SITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.</p>
<p>UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY US AS A RESULT OF YOUR USE OF THE SITE IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT A CLAIM.
IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, " |
|
PENDING |
docbot Bot |
| DEPRECATED #52 |
"OR CONDUCT OF ANY THIRD PARTY (INCLUDING USERS) ON THE SITE.
OR (IV) ANY OTHER MATTER RELATING TO THE SITE.
IN NO EVENT WILL Y COMBINATOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| WeTransfer |
"The Services may provide integration with third-party services.
You acknowledge that: (i) WeTransfer is not responsible for any acts or omissions of such third-party services.
(ii) that WeTransfer is not an agent of such third-party services.
and (iii) your use of those services is subject to any applicable terms and conditions between you and the providers of such services.</p>
</li>
<li>
<p>WeTransfer is not liable for any damage or personal injury resulting from any use of the Services, including any (temporary) unavailability or (accidental) removal of your Content or account.
The limitation of liability referred to in this clause shall not apply if the liability for damage caused by intent or gross negligence on the part of WeTransfer.
In the event WeTransfer is liable for damage under mandatory law, WeTransfer’s aggregate liability to you for any and all claims arising out of or in connection with the use of the Services will in no event exceed the amount of one hundred euro (€100) per incident.</p>
</li>
</ol>
</li>
<li>Waiver, Severability &.
" |
|
PENDING |
docbot Bot |
| Vive |
"Limitation of Liability and Exclusive Remedy.</strong> To the maximum extent permitted by applicable law, HTC's and its suppliers' maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injury, property damage and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, the Site, Linked Sites, HTC Content, Third Party Materials, Services or your use of the Site will be to recover the actual damages you incur based upon reasonable reliance on the Site up to five dollars (U.S.
$5.00).
" |
|
PENDING |
docbot Bot |
| MetaMask |
"10.1 Limitation of Liability.
WITH THE EXCEPTION OF CLAIMS RELATING TO A BREACH OF OUR PROPRIETARY RIGHTS AS GOVERNED BY SECTION 7 AND INTELLECTUAL PROPERTY CLAIMS AS GOVERNED BY SECTION 8, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE, OR, IF NO FEES HAVE BEEN PAID, $25,000.
THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER SECTION 4.
</p>
<p>10.2 Exclusion of Consequential and Related Damages.
IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY " |
|
PENDING |
docbot Bot |
| Minds |
"8.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF MINDS AND THE MINDS PARTIES (JOINTLY), IN ANY ACTION OR CLAIM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR THE SALE OR USE OF, OR INABILITY TO USE, MINDS TOKENS IN CONNECTION WITH THE SERVICES, EXCEED THE AMOUNT YOU PAID TO US FOR MINDS TOKENS AND USE OF THE SERVICES WITHIN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH ACTION OR CLAIM.
</p>24.
Indemnification<p> 1.
" |
|
PENDING |
docbot Bot |
| Calendly |
"No advice or information, whether oral or written, obtained by you through the Website or from us or our subsidiaries/other affiliated companies will create any warranty.
We disclaim all equitable indemnities.
</p>
LIMITATION OF LIABILITY
<p>
CALENDLY WILL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEBSITE.
IN NO EVENT WILL CALENDLY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OPPORTUNITIES, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
</p>
<p>
CALENDLY’S MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OR THE WEBSITE, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION, OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO CALENDLY IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $100.00.
</p>
<p>
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND CALENDLY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY, EVEN IF CALENDLY HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
</p>
LOCAL LAWS.
" |
|
PENDING |
docbot Bot |
| Politics & War |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Yubico |
"Obtaining any necessary export or import approval for the Product is your responsibility.</p>
</li>
<li>
Privacy Notice
<p>We may process your personal data in relation to the performance of this Agreement.
For more information regarding our processing of your personal data and your rights in relation thereto, please see our <b>
<u>Privacy Notice</u>
</b> and <b>
<u>Cookie Notice</u>
</b>.</p>
</li>
<li>
Limitation of Liability
<p>IN NO EVENT WILL YUBICO’S AND ITS AFFILIATES’, AND ITS AND THEIR SUPPLIERS’, DISTRIBUTORS’, RESELLERS’ AND EMPLOYEES’ TOTAL CUMULATIVE LIABILITY RELATING TO THIS AGREEMENT OR THE USE OF THE PRODUCT OR SERVICE EXCEED THE AMOUNT PAID FOR THE PRODUCT.
IN NO EVENT WILL YUBICO, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS, DISTRIBUTORS, RESELLERS AND EMPLOYEES BE LIABLE FOR DAMAGES IN RESPECT OF LOST REVENUE, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOST BUSINESS REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, ECONOMIC LOSS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY OR ANY CLAIM AGAINST USER BY ANY OTHER PARTY.
The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.</p>
</li>
<li>
Term and Termination
<p>" |
|
PENDING |
docbot Bot |
| Houzz |
"THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) PLANTS OR SEEDS FROM THE EXCHANGES, AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.</li>
<li>YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE HOUZZ ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY.
WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE HOUZZ ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE HOUZZ ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE HOUZZ PLATFORM OR PRODUCTS OR (ii) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (A) ONE-HUNDRED DOLLARS (USD$100) OR (B) THE AMOUNTS PAID OR PAYABLE BY YOU TO HOUZZ IN CONNECTION WITH THE HOUZZ PLATFORM IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
" |
|
PENDING |
docbot Bot |
| Panera |
"Panera has the sole discretion to determine the size of the Reward.
Qualifying purchases reflected in an account where there is a period of twelve (12) months of inactivity will no longer count toward earning a purchase-based Reward.</p>
<p> </p>
<p>MyPanera customers may earn catering specific purchase-based Rewards ("Catering Rewards Dollars").
For every $500 you spend in qualifying Panera catering purchases using a registered MyPanera Card, you will receive Catering Rewards Dollars in two (2) increments of $10.00 each.
A qualifying purchase constitutes a catering order that you place (i) in-cafe or via Panera's US catering website, with respect to orders fulfilled by participating US Panera Bread bakery-cafes, or (ii) in-cafe, with respect to orders fulfilled by participating Canadian Panera Bread bakery-cafes.
The amount of the qualifying purchase equals the amount paid for food and beverages after application of any applicable discounts and/or Rewards redeemed, exclusive of taxes, tips, delivery, cancellation or other fees, and exclusive of gift card purchases.
" |
|
PENDING |
docbot Bot |
| CNN |
"Moreover, in arbitration you are entitled to recover attorneys' fees from us to at least the same extent as you would be in court.
In addition, under certain circumstances (as explained below), we will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what we have offered you to settle the dispute.<strong>" |
|
PENDING |
docbot Bot |
| Pandora |
"SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES.
TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS OR LIMITATIONS, THOSE SUCH EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.</p>
<p>PANDORA'S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.
" |
|
PENDING |
docbot Bot |
| Aura |
"</ol>
<p>
<strong>14.1 Limitation of Liability.</strong> Under no circumstances, including, but not limited to, negligence, will Aura or the Aura Entities be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to this Agreement or that result from your use of or your inability to use the Service or Software, or any other interactions with Aura, even if Aura or an Aura authorized representative has been advised of the possibility of such damages.</p>
<p>
<strong>14.2 Limitation of Damages.</strong> In no event will the total liability of Aura or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers to you for all damages, losses, and causes of action arising out of or relating to this Agreement or your use of the Service or the Software (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the Software and the Service during the twelve months immediately preceding the date of the claim or twenty five United States dollars, whichever is greater.</p>
<p>
<strong>14.3 Basis of the Bargain</strong>.
" |
|
PENDING |
docbot Bot |
| Dribbble |
"Limitation of Liability.
<em>You agree that, under no legal theory, including, but not limited to negligence, breach of warranty or condition, breach of contract or tort, will Dribbble or its owners, officers, directors, affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages or damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if Dribbble has been advised of the possibility of such damages), arising from or relating to the Terms or your use of or your inability to use the Service, or for any damages arising from or related to the Terms.
Dribbble’s total aggregate liability from any and all claims under the Terms is limited to the total amounts you paid to Dribbble in the one (1) year immediately preceding the occurrence of loss or damage.
To the extent any province, state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, Dribbble’s liability in such province, state or jurisdiction will be limited to the furthest extent permitted by law.
Notwithstanding the foregoing or anything else herein to the contrary, Dribbble will not be liable to you or any third party acting on your behalf in any way with respect to a trial program or your provision of an individual’s personal information to Dribbble or through the Service.
" |
|
PENDING |
docbot Bot |
| Flickr |
"TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SMUGMUG’S RECORDS, PROGRAMS OR SERVICES.</p>
<p>IN NO EVENT WILL THE AGGREGATE LIABILITY OF SMUGMUG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE FLICKR MATERIALS, EXCEED COMPENSATION YOU PAY, IF ANY, TO SMUGMUG FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.
" |
|
PENDING |
docbot Bot |
| Vox Media |
"We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms that is caused by any event or circumstances beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network.
Unless otherwise provided by applicable law, in no event shall our liability to you exceed the amount of fees you paid us (if applicable) for a period of three months prior to the date you submit a claim.</p>
</li>
<li> Exclusions and Limitations <p>Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
" |
|
PENDING |
docbot Bot |
| Beacon CRM |
"Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.</p>
<p>14.10 The liability of each party to the other party under the Agreement in respect of any event or series of related events shall not exceed the greater of:
(a) £5,000.
and
(b) the total amount paid and payable by the Customer to the Provider under the Agreement in the 12 month period preceding the commencement of the event or events.</p>
<p>14.11 The aggregate liability of each party to the other party under the Agreement shall not exceed the greater of:
(a) £5,000.
and
(b) the total amount paid and payable by the Customer to the Provider under the Agreement.</p> 15.
Force Majeure Event
<p>15.1 " |
|
PENDING |
docbot Bot |
| BlueMail |
"or that BlueMail or the software is free of viruses or other harmful components.
Any content downloaded or otherwise obtained through the use of BlueMail is downloaded at your own risk and you will be solely responsibly for any damage to your computer system or mobile device or loss of data that results from such download or use of the service.</p>Limitation of Liability<p>To the maximum extent permitted by law, in no event will Blix Inc., its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Blix Inc.
has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose.
(b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of $20 or the mounts paid by you to Blix Inc.
for the past three months of the services in question.
Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
" |
|
PENDING |
docbot Bot |
| Aura |
"14.1 Limitation of Liability.</b> Under no circumstances, including, but not limited to, negligence, will Aura or the Aura Entities be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to this Agreement or that result from your use of or your inability to use the Service or Software, or any other interactions with Aura, even if Aura or an Aura authorized representative has been advised of the possibility of such damages.</p>
<p>
<b>14.2 Limitation of Damages.</b> In no event will the total liability of Aura or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers to you for all damages, losses, and causes of action arising out of or relating to this Agreement or your use of the Service or the Software (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the Software and the Service during the twelve months immediately preceding the date of the claim or twenty five United States dollars, whichever is greater.</p>
<p>
<b>14.3 Basis of the Bargain.</b> " |
|
PENDING |
docbot Bot |
| OpenStreetMap |
"We may add, change, replace, remove, or discontinue the features and functions of the Services, including APIs.
It is your responsibility to ensure that calls or requests you make to the Services are compatible with then-current APIs and authentication methods, and that you handle responses properly.</b>
</p>
<p>
<b>Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law.</b>
</p>
X.
Limitation on liability
<p>Highlighted for emphasis
</p>
<p>
<b>The OSMF will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage.
In no event shall our liability exceed one thousand British pounds (GBP 1000.00) in aggregate.
In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.</b>
</p>
" |
|
PENDING |
docbot Bot |
| Windscribe |
"WHERE APPLICABLE BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WINDSCRIBE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE, OR ANY OTHER INTERACTIONS WITH WINDSCRIBE.
</p>
<p>
</p>
<p> We're not liable if the world ends.
</p> LIMITATION OF DAMAGE
<p> IN NO EVENT WILL THE TOTAL LIABILITY OF WINDSCRIBE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS " |
|
PENDING |
docbot Bot |
| Pocket Casts |
"Your use of the Application and any Content (including any third-party service or advertisement available through the Application) is at your own discretion and risk and you are solely responsible for any damage to your computer system or other device, or your loss of data , profits or revenue (or any other punitive, incidental, special or consequential damage) that directly or indirectly results from such use.</p>
<p>3.2 To the full extent permitted by applicable law, you acknowledge and agree that the aggregate liability of the Pocket Casts Parties collectively for claims arising under the Terms or otherwise howsoever arising shall be limited ten dollars (USD$10.00).
This limitation of liability is cumulative and not per-incident (i.e., the existence of two or more claims will not enlarge this limit).</p>
<p>" |
|
PENDING |
docbot Bot |
| Paid On Results Limited |
"<br>
<br> 6.
Liability Limits.<br>
<p>PAID ON RESULTS TOTAL LIABILITY TO THE AFFILIATE INCLUDING IN CONTRACT AND TORT (INCLUDING THE TORT OF NEGLIGENCE) SHALL NOT EXCEED £10,000.00 (TEN THOUSAND POUNDS).</p>
<p>Paid On Results cannot guarantee or warrant the performance of Paid On Results service or the links to any linked websites.
" |
|
PENDING |
docbot Bot |
| Zoom Video Communications |
"ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF ZOOM, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, ZOOM'S, ITS AFFILIATES', SUPPLIERS' AND RESELLERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS.
" |
|
PENDING |
docbot Bot |
| HoneyGain |
"ANY OTHER ENTITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
HONEYGAIN’S TOTAL LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT WILL BE LIMITED TO 100$ OR TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
</p>
<p>CLASS ACTION WAIVER</p>
<p>WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND HONEYGAIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
" |
|
PENDING |
docbot Bot |
| Malwarebytes |
"WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MALWAREBYTES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
</p>
<p> TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL MALWAREBYTES' TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED FIFTY U.S.
DOLLARS ($50 USD).
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO " |
|
PENDING |
docbot Bot |
| Fakespot |
"FAKESPOT SHALL NOT BE LIABLE EVEN IF IT, OR AN AUTHORIZED REPRESENTATIVE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FAKESPOT’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES, OR THESE TERMS OF USE IS LIMITED TO THE AMOUNT PAID BY YOU TO FAKESPOT IN CONNECTION WITH YOUR USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.</p>
<br>Indemnification<br>
<p>To the fullest extent permitted by applicable law, you agree to indemnify and hold Fakespot harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of these Terms of Use.
" |
|
PENDING |
docbot Bot |
| Gladly |
"You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.</p>C.
Limitation of Liability<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GLADLY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE.
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
(iii) ANY CONTENT OBTAINED FROM THE WEBSITE.
OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.</p>
<p>IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE GLADLY ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S.
DOLLARS (U.S.
$100.00) OR THE AMOUNT YOU PAID GLADLY, IF ANY, IN THE PAST SIX MONTHS FOR THE WEBSITE GIVING RISE TO THE CLAIM.</p>
<p>THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE GLADLY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>" |
|
PENDING |
docbot Bot |
| PokeMMO |
"However, PokeMMO's aggregate liability to You with respect to all claims arising from or in connection with this Agreement shall be limited to an amount not exceeding any amount paid by You to PokeMMO in relation to the Game in the 6 months prior to the date the claim arose.</li>
<li>Nothing in this Agreement shall limit PokeMMO's liability for death or personal injury resulting from its negligence or fraudulent misrepresentation or for any liability which cannot be excluded by law.</li>
</ol> 9.
INDEMNITY <p>" |
|
PENDING |
docbot Bot |
| Open Knowledge Foundation |
"For example, the law of England and Wales prevents us from excluding our liability for any personal injury or death caused by our negligence.
We do not exclude such liability.<br>
We will not be liable for any damage that was not reasonably foreseeable at the time we made this agreement.</p>
<ul>
<li>Any liability to you is limited by the amount you have paid us for a service, where:</li>
<li>Our liability is zero for a free service.</li>
</ul>
<p>Where you make periodic payments, our liability is limited to the value of the last payment you paid us.</p>
<p>We are not liable for any loss which is indirect or consequential.
" |
|
PENDING |
docbot Bot |
| Byte |
"OR ANY THIRD PARTY'S CONTENT, WHETHER OR NOT SUCH CONTENT IS ACCESSED THROUGH THE SERVICES (INCLUDING ANY USER CONTENT), AND THAT ANY RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
</li>
<li>TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL BYTE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED TWENTY DOLLARS ($20).
</li>
<li>THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE " |
|
PENDING |
docbot Bot |
| Cash App |
"No Square Entity will be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss, damage, expense or liability incurred or sustained as a result of: (a) the use of any Service except for its normal intended purpose.
(b) any adaptation or modification of any Service or integration or combination with any other product or material not supplied by any Square Company, in each case carried out by anyone other than any Square Company or without its express written consent.
(c) the compliance by any Square Company with any design, specification or instructions provided by you on your behalf.
and/or (d) any Merchant Content or Third Party Services.</p>
<p>Subject to the first, second and third paragraphs of this Section 15, any Square Entity’s total liability arising out of or relating to these General Terms or its subject matter and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) will be limited, in respect of each event or series of connected events, to the greater of: (a) the total of all amounts payable by you under these General Terms in the three-month period immediately preceding the event giving rise to such liability (or, in the case of a series of connected events, the first such event).
" |
|
PENDING |
docbot Bot |
| BudgetBakers |
"All rights reserved.
You may not duplicate, copy, or reuse any portion of the HTML/CSS, Java script, or visual design elements or concepts without express written permission from Provider.</p>Limitation of Liability<p>You expressly understand and agree that the Provider shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from these Terms, the Service or the Provider actions in connection with the Service.
Especially, the Provider shall not be liable for any damage caused by (a) inappropriate use of the service.
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service.
(c) unauthorized access to or alteration of your transmissions or data.
or (d) statements or conduct of any third party on the service.</p>
<p>The Provider’s aggregate liability shall not exceed the amount the User has paid in connection with the usage of the Service, including the Premium Features.</p>
<p>The aforementioned limitation of liability shall apply to the maximum extent permitted by applicable law.
Notwithstanding anything to the contrary in these Terms, in such cases, the liability of Provider shall be limited to the fullest extent permitted by applicable law.</p>
<p>" |
|
PENDING |
docbot Bot |
| Modern Collab |
"Limitation of liability<p>To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one pound or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.</p>" |
|
PENDING |
docbot Bot |
| Temporall |
"(b) fraud or fraudulent misrepresentation.
or (c) any other liability that cannot be excluded or limited by English law.</p>
<p>9.4.
Other than the losses set out in Section 9.2 (for which Temporall is not liable), to the fullest extent permitted by law, Temporall’s maximum aggregate liability under or in connection with this Agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the licence fee paid by Customer for the Product during the twelve months prior to the event giving rise to liability.</p>
<p>
<strong>10.
Indemnification.</strong>
</p>
<p>10.1.
By Temporall.
Temporall will defend and indemnify, or at its option settle, Customer from and against all liabilities, damages, and costs, arising out of a third party claim that the Product used in accordance with the Documentation and this Agreement infringes any Intellectual Property Rights of that third party.</p>
<p>10.2.
" |
|
PENDING |
docbot Bot |
| The Omni Group |
"<p><a name="15"></a></p>.
<h2><a href="#15">15.
Limitation of Liability</a></h2>.
<p>In no event will Omni Group, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to Omni Group under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Songkick |
"INFORMATION OR MATERIALS ON THE SITE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE SITE.</p>
<p>IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| MyFitnessPal |
"(c) damages relating to your access to, use of,
or inability to access or use the Services.
(d) damages relating to any
conduct or Content of any third party or user of the Services, including
without limitation, defamatory, offensive or illegal conduct or content.
and/or (e) damages in any manner relating to any Third-Party Content or
Third-party Products accessed or used via the Services.
To the maximum
extent permitted by applicable law, this limitation applies to all
claims, whether based on warranty, contract, tort, or any other legal
theory, whether or not MyFitnessPal has been informed of the possibility
of such damage, and further where a remedy set forth herein is found to
have failed its essential purpose.
To the maximum extent permitted by
applicable law, the total liability of MyFitnessPal, for any claim under
these Terms, including for any implied warranties, is limited to the
greater of five hundred dollars (us $500.00) or the amount you paid us
to use the applicable Service(s) in the past twelve months.</p>
<p>" |
|
PENDING |
docbot Bot |
| PlugShare |
"The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Any claim or dispute between you and Company that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California, unless submitted to arbitration as set forth in the following paragraph.</li>
<li>Arbitration.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration.
" |
|
PENDING |
docbot Bot |
| Storyfire |
"ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES.
WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.</p>
<p>
</p>
<p>11. .
 .
 .
 .
 .
LIMITED LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT STORYFIRE, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OF THE WEBSITES OR YOUR USE OF STORYFIRE SERVICES.</p>
<p>
</p>
<p>THE CUMULATIVE LIABILITY OF STORYFIRE TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITES OR YOUR USE OF STORYFIRE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID TO STORYFIRE BY YOU (IF ANY) DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) $100.
THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
" |
|
PENDING |
docbot Bot |
| Jukebox Print |
"(e) NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE SERVICE TERMS, YOU ACKNOWLEDGE AND AGREESTHAT UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE OF JUKEBOX’S LIABILITY FOR EACH ORDER EXCEED THE LESSER OF (a) CDN$ 100.
or (b) FEES ACTUALLY PAID BY YOU FOR SUCH ORDER.</p>
<p>" |
|
PENDING |
docbot Bot |
| The Omni Group |
"This exclusion and limitation shall apply even if any remedy fails of its essential purpose.</p>
<p>Because some states of the United States and some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you.
Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you downloaded or otherwise received the Software.</p>
<p>(c) NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE CUMULATIVE LIABILITY OF THE OMNI GROUP, ITS AFFILIATES AND ANY OF THEIR SUPPLIERS, WHETHER IN CONTRACT (INCLUDING ANY PROVISION OF THIS LICENSE AGREEMENT), TORT, OR OTHERWISE, AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO THE GREATER OF DIRECT DAMAGES IN THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE AND/OR SERVICES OR U.S.$5.00.
" |
|
PENDING |
docbot Bot |
| PayPal |
"or</li>
<li>If you are a seller and you violate the Acceptable Use Policy, then in addition to being subject to the above actions you will be liable to PayPal for the amount of PayPal's damages caused by your violation of the Acceptable Use Policy.
You acknowledge and agree that $2,500.00 U.S.
dollars per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of PayPal's actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to PayPal that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate.
" |
|
PENDING |
docbot Bot |
| Glympse |
"THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE, THE SERVICES OR THE GLYMPSE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES.
THE LIMITATIONS IN THIS PARAGRAPH DO NOT APPLY TO ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.</p>
<p>" |
|
PENDING |
docbot Bot |
| Chegg |
"(F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS.
(G) ANY ERRORS OR OMISSIONS IN THE SERVICES' TECHNICAL OPERATION.
OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE CHEGG PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE CHEGG PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO CHEGG IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER.
THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE CHEGG PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE CHEGG PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE CHEGG PARTIES, OR FOR THE CHEGG PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
" |
|
PENDING |
docbot Bot |
| Soverin B.V. |
"In no event will Soverin be liable to You or to any third party for any damages arising out of use of the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not Soverin has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose.
Soverin will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law.
In the event Soverin is liable for damage under mandatory law, Soverin’s aggregate liability to You for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred euro (€100) per incident.</p> Applicable Law and Jurisdiction <p>All rights and obligations arising out of or in connection to these Terms are construed, governed, interpreted and enforced according to the laws of the Netherlands.
" |
|
PENDING |
docbot Bot |
| Desmos |
"b.
Under no circumstances will Desmos or its officers, employees, directors, shareholders, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of money, revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the Desmos services.</strong>
</p>
<p>
<strong>c.
If, notwithstanding these Terms, Desmos is found to be liable to you or any third party in connection with your use of the Desmos services, the total liability of Desmos and its officers, employees, directors, shareholders, agents, or licensors to you or to any third party is limited to one hundred U.S.
Dollars ($100).</strong>
</p>
<p>d.
<em>Exclusions And Limitations</em>.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages.
" |
|
PENDING |
docbot Bot |
| Vice |
"IN NO EVENT WILL THE VICE PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
</p>
<p>YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF VICE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITES OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE VICE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITES OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE VICE PARTIES.
</p>
<p>BY ACCESSING A SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." </p> " |
|
PENDING |
docbot Bot |
| Zipcar |
"This means $100,000 of coverage is the maximum payable for bodily injury per person, $300,000 of coverage is the maximum payable for bodily injuries for the entire accident and $25,000 of coverage is the maximum payable for property damage.</p>
<p>
<br>
Members 21 years of age or older who joined the membership prior to March 1, 2015, and who are permitted to drive under this Contract, will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the authorized driver and/or the Member up to a combined single limit of $300,000 per accident.</p>
<p>
" |
|
PENDING |
docbot Bot |
| Flowplayer |
"(c) Fees not paid when due shall be subject to a late fee equal to the lesser of two (2.0%) of the unpaid balance per month or the highest monthly rate permitted by applicable law.
Flowplayer may, with or without notice, suspend access to the Services and/or terminate the Contract(s) if You are delinquent in paying all or any portion of the Fees.
" |
|
PENDING |
docbot Bot |
| Flipkart |
"You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part.
Seller may discontinue some or all of any Software Seller provide, and Seller may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.</p>
<p>Without limiting the Disclaimer of Warranties and Limitation of Liability in this terms of use, (i) in no event shall Our or software licensors' total liability to You for all damages arising out of or related to your use or inability to use the Software and / or download manager or any other application exceed the amount of ₹20.
and (ii) in no event shall Our or Our Digital Content providers' total liability to You for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to You through the Service (excluding the Software), exceed the amount You paid to purchase, on the Service, the Digital Content related to Your claim for damages.</p>
<p>
<strong>Digital Content: eBooks</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Adobe Services |
"or (C) arising out of or in connection with your use of or access to the Services or Software.
Nothing in the Terms limits or excludes our liability for gross negligence, intentional misconduct of Adobe or its employees, death, or personal injury.</b>
</p>
<p> </p>
<p>10.2 <b>Our total liability in any matter arising out of or related to the Terms is limited to the greater of (A) US $100.
or (B) the aggregate amount that you paid for access to the Services and Software during the three-month period preceding the event giving rise to the liability. </b>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Retail Zipline |
"Limitation of Liability</strong>.
<strong>Notwithstanding anything herein to the contrary, except for (i) your breach of Section 5 or 11, (ii) third party claims arising from your breach of Sections 5 or 11 (iii) either party’s breach of Section 12 or (iv) either party’s obligations under Section 16, neither party (nor any supplier or licensor of Zipline) will be liable with respect to any cause related to or arising out of this agreement, whether in an action based on a contract, tort (including negligence and strict liability) or any other legal theory, however arising, for (a) indirect, special, incidental or consequential damages, (b) any damages based on use or access, interruption, delay or inability to use the service, lost revenues or profits, delays, interruption or loss of services, business or goodwill, loss or corruption of data, loss resulting from system or system service failure, malfunction or shutdown, failure to accurately transfer, read or transmit information, failure to update or provide correct information, system incompatibility or provision of incorrect compatibility information or breaches in system security, or (c) any damages that in the aggregate exceed the total fees paid or payable by you for the Service that is or the Professional Services that are the subject of the claim during the twelve (12) month period immediately preceding the event which gives rise to such damages.
" |
|
PENDING |
docbot Bot |
| hCaptcha |
"Limitation of Liability<br>IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT.
THE LIABILITY OF IMI FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) U.S.
$2,500.
AND (B) ANY FEES RETAINED BY IMI WITH RESPECT TO TASKS POSTED BY A REQUESTER DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM.
" |
|
PENDING |
docbot Bot |
| Trumba |
"IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRUMBA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE, THE SERVICES OR THE REGISTRATION PAYMENT SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TRUMBA FOR ACCESS TO OR USE OF THE SITE.</p> 18.
Transfer and Processing of Data <p>" |
|
PENDING |
docbot Bot |
| Phone2Action |
"THE CUMULATIVE LIABILITY OF THE COMPANY, ITS AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITES OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED $100.
THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
" |
|
PENDING |
docbot Bot |
| TikTok |
"(V) ANY LOSS OF BUSINESS.
(VI) ANY BUSINESS INTERRUPTION.
(VII) ANY LOSS OF BUSINESS REPUTATION.
OR (VIII) ANY INDIRECT OR CONSEQUENTIAL LOSSES OF WHATEVER NATURE. </strong>
</li>
<li>
<strong>SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 12, OUR TOTAL AGGREGATE LIABILITY WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS AND THE PROVISION AND RECEIPT OF THE SERVICES WILL BE LIMITED TO THE HIGHER OF: (I) THE AMOUNT PAID BY YOU TO TIKTOK WITHIN THE 12 MONTH PERIOD IMMEDIATELY " |
|
PENDING |
docbot Bot |
| Quizlet |
"SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.</li>
<li>
<strong>LIMITATION OF LIABILITY OF QUIZLET, ITS SUPPLIERS AND ITS LICENSORS.</strong> EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO CIRCUMSTANCE WILL QUIZLET, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THE SERVICE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF QUIZLET, ITS SUPPLIERS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST QUIZLET, ITS SUPPLIERS AND ITS LICENSORS ARISING FROM, OR RELATED TO, USE OF THE SERVICE, OR THE CONTENTS THEREOF, OR OF ANY HYPERLINKED WEBSITE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO QUIZLET DURING THE 12-MONTH PERIOD PRIOR TO THE DATE A CLAIM IS MADE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE PARTIES AGREE THAT THIS SECTION, SECTION 10, REPRESENTS A REASONABLE ALLOCATION OF RISK.</li>
<li>
<strong>Disputes with Quizlet.</strong> " |
|
PENDING |
docbot Bot |
| PictureThis |
"UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GLORITY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE GLORITY MATERIALS ON GLORITY SERVICE, GLORITY SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH GLORITY, EVEN IF GLORITY OR A GLORITY AUTHORIZED REPRESENTATIVE 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 SUCH CASES, GLORITY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
</p>
<p> IN NO EVENT SHALL GLORITY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF GLORITY SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS.
</p>
<p> THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN GLORITY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE GLORITY SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE GLORITY SERVICE.
</p>
</li>
<li> Disputes and Arbitration.
" |
|
PENDING |
docbot Bot |
| Rakuten |
"a suspension or other action taken with respect to your account or breach of these terms.
or the manner in which the hotel offerings appear on Rakuten Hotels.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES RELATED TO YOUR USE OF RAKUTEN HOTELS, REGARDLESS OF REASON, WILL NOT EXCEED US$100.</p>
<p>Termination</p>
<p>We reserve the right, at any time, to modify or discontinue offering Rakuten Hotels in our sole discretion.
" |
|
PENDING |
docbot Bot |
| Indeed |
"WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO INDEED BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.</p> 5.
Intellectual Property <p>" |
|
PENDING |
docbot Bot |
| Ubisoft |
"THE LIABILITY OF UBISOFT, INCLUDING ITS LICENSORS AND AFFILIATED COMPANIES AND THEIR RESPECTIVE EMPLOYEES, MANAGERS OR DIRECTORS (COLLECTIVELY REFERRED TO AS THE <b>"AFFILIATES"</b>) TO YOU MAY NOT EXCEED THE PRICE YOU HAVE PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE DISPUTE.</p>
<p>REGARDLESS OF THE ABOVE, THE PROVISIONS OF THIS SECTION IN NO EVENT LIMIT OUR LIABILITY TO YOU IN THE EVENT OF FRAUDULENT STATEMENTS OR DEATH OR PHYSICAL INJURY RESULTING FROM OUR NEGLIGENCE.
" |
|
PENDING |
docbot Bot |
| Genius |
"OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
(V) YOUR USER CONTENT.
OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT SHALL GENIUS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GENIUS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, FIFTY DOLLARS ($50).
</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Screencastify |
"TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SCREENCASTIFY BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, LOSS OF DATA, BUSINESS, PROFITS, COMPUTER HARDWARE OR SOFTWARE.
IN NO EVENT SHALL SCREENCASTIFY’S LIABILITY EXCEED THE GREATER OF 1) AMOUNTS PAID BY YOU TO SCREENCASTIFY IN THE PAST 12 MONTHS OR 2) $100.</p>
<p></p>Warranties<p>
<em>As-Is Services.</em> We strive to provide reliable Services and hope You enjoy using them.
But there are things we cannot guarantee.
" |
|
PENDING |
docbot Bot |
| Canva |
"and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party.
In no event shall Canva, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Canva hereunder or $100.00, whichever is greater.</p>
<p>" |
|
PENDING |
docbot Bot |
| Clockify |
"To the maximum extent permitted by applicable law, in no event shall COING and/or its suppliers, employees and representatives be liable for: any indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for loss of use, data or profits, or business interruption) arising out of or in any way connected:</p>
<ul>
<li>— with the use or performance of Clockify,</li>
<li>— with the delay or inability to use Clockify and the Service, including the provision of or failure to provide Services,</li>
<li>— with information, Website, Software, products, Service and related graphics obtained through Clockify, or otherwise arising out of the use of Clockify, whether based on contract, tort, negligence, strict liability or otherwise.</li>
</ul>
<p>In the event that any of the foregoing limitations are deemed unenforceable or in the event any liability of COING is established, to the greatest extent permitted by law, You agree that the entire aggregate liability of COING and sole remedy available to any User in any case in any way arising out of or relating to the Agreement, Software or the Service shall be limited to monetary damages that in the aggregate may not exceed the sum of any amount paid (if any) by that User during the twelve months prior to notice to COING of the dispute for which the remedy is sought.
" |
|
PENDING |
docbot Bot |
| Red Ventures |
"AND USING THE SERVICES.</p>
<p>THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.</p>
<p>THE INDEMNIFIED PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), YOUR USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), THIS AGREEMENT OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE INDEMNIFIED PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED THE LESSER OF $100 OR THE AMOUNT PAID BY YOU TO US FOR ACCESS TO THE RELEVANT SERVICE IN THE THREE MONTHS " |
|
PENDING |
docbot Bot |
| Vidyard |
"FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE ,OR INJURY THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICESDUE TO ANY CAUSE WHATSOEVER, ,VIDYARD TERMS OF USE VERSION: 3.0.1,5,INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE.
,VIDYARD’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING ,NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF VIDYARD HAS BEEN ADVISED OF THE ,POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
" |
|
PENDING |
docbot Bot |
| EPIX |
"OR IN CONNECTION WITH THE APPLICATIONS, OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), HOWEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.
WITHOUT LIMITING THE FOREGOING, THE APPLICATIONS ARE MAINTAINED ON SERVERS IN THE UNITED STATES AND THE EPIX SERVICE AND EPIX AND ITS AFFILIATES DISCLAIM ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE APPLICATIONS OR THIS AGREEMENT EXCEED ONE HUNDRED US DOLLARS ($100).
" |
|
PENDING |
docbot Bot |
| CyberGhost |
"In no case shall the Consumer be charged a fee for the refund.</p>
<p>12.4.2 In the case of a contract for Services, the following shall apply: If the Consumer requested that the Services commence during the revocation period, the Consumer shall pay cleverbridge/Crossrider Sports a reasonable amount, which corresponds to the percentage of Services provided by the time the Consumer informs cleverbridge/Crossrider Sports of the exercise of his right to revoke the contract, as compared to the total scope of the Services contemplated by the contract.</p>
<p>12.4.3 " |
|
PENDING |
docbot Bot |
| HBO |
"For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration.
Moreover, in arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you would be in court.</p>
<p>In addition, under certain circumstances (as explained below), we will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what we have offered you to settle the dispute.</p>
<p>ARBITRATION AGREEMENT</p>
<p>
<b>(a) Claims Subject to Arbitration:</b> HBO and you agree to arbitrate <b>all disputes and claims</b> between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners).
" |
|
PENDING |
docbot Bot |
| Motorola |
"WHETHER OR NOT A MOTOROLA PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOTOROLA PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO MOTOROLA UNDER THESE TERMS.</p>Arbitration And Opt-out<p>Any controversy or claim arising out of or relating to these terms or any products or services sold or distributed through this site will be resolved by binding arbitration, instead of in court.
The arbitration will take place in a location determined by the arbitrator as set forth in these terms (provided that such location is reasonably convenient for claimant), or a different location as may be mutually agreed upon by the parties.
" |
|
PENDING |
docbot Bot |
| Flickr |
"TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SMUGMUG’S RECORDS, PROGRAMS OR SERVICES.</p>
<p>IN NO EVENT WILL THE AGGREGATE LIABILITY OF SMUGMUG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE FLICKR MATERIALS, EXCEED COMPENSATION YOU PAY, IF ANY, TO SMUGMUG FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.
" |
|
PENDING |
docbot Bot |
| HP | Hewlett-Packard |
"HP disclaims all equitable indemnities.</p>
<br> 6 Limitation of Liability <p>IN NO EVENT WILL ANY OF THE HP PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) DAMAGES THAT ARE MORE THAN ONE HUNDRED UNITED STATES (US$100.00) DOLLARS IN TOTAL (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY HP PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>EXCLUSIONS AND LIMITATIONS: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages.
Therefore, some of the above disclaimers and limitations of liability may not apply to You.
To the extent The HP Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the amount of The HP Party's liability shall be limited to the minimum amount permitted under such applicable law.</p>
" |
|
PENDING |
docbot Bot |
| Dynu |
"All amounts payable by You under this Agreement will be made without setoff or counterclaim and without deduction or withholding.
If any deduction or withholding is required by applicable law, You shall notify Dynu Systems and shall pay such additional amounts to Dynu Systems as is necessary to ensure that the net amount that Dynu Systems receives, after such deduction and withholding, equals the amount Dynu Systems would have received if no such deduction or withholding had been required.
" |
|
PENDING |
docbot Bot |
| Spark for Appraisers |
"All that being said: DISCLAIMER
EXCEPT FOR CHOICE VALUATION'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, CHOICE VALUATION'S TOTAL LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE AMOUNT PAID BY YOU TO CHOICE VALUATION FOR THE USE OF SPARK.
SPARK IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, AVAILABILITY, NON-INFRINGEMENT, OR FITNESS FOR A SPECIFIC PURPOSE.
Refunds
Spark is a subscription service with no contracts.
" |
|
PENDING |
docbot Bot |
| Wishlist |
"YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP
USING IT.
IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
</p>
<p>UNDER
NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE OR DISRUPTION
OF CONTENT OR SERVICES DELIVERED THROUGH THE SITE RESULTING DIRECTLY OR
INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND REASONABLE CONTROL,
INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER, TELECOMMUNICATIONS,
OR ANY OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR
DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OR LABOR OR
MATERIALS, FIRES, FLOOD, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL
ACTIONS, ORDERS OF DOMSESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE
OF THIRD PARTIES.</p>
<p>IF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, YOU AGREE
THAT OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY
KIND OR NATURE SHALL BE LIMITED TO THE LESSER OF THE TOTAL LIABILITY OR THE
FEES YOU PAID.</p>
<p>20.  .
<b>" |
|
PENDING |
docbot Bot |
| Vonage |
"v. The limitation period for claims for damages shall be one (1) year, except in the case of (i), (ii) and (iv) above, where the statutory statute of limitations shall apply.</p>
<p>
<br>
</p>
<p>vi. Insofar as telecommunication services are affected, Vonage shall, except in cases pursuant (i) and (iv) above, in cases of slight negligent breach of a contract only be liable for an amount that does not exceed EUR 12,500 vis-à-vis Customer and vis-à-vis all damaged parties an amount that does not exceed EUR 10,000,000 per damaging event.
If, in the latter case, the compensation exceeds the said maximum amount payable to several parties due to the same event, the compensation shall be reduced in proportion to the ratio between the total claims for damages and the upper limit.</p>" |
|
PENDING |
docbot Bot |
| Boost Note |
"12.9 In no event shall the Company be responsible or liable for the damage incurred by the Registered User in connection with the Service.
Even if the Company is responsible or liable for the damage, regardless of this Article 12 or other provisions exempting the Company's liabilities, by the application of the Consumer Contract Law of Japan or other reasons, the responsibility and liability of the Company for such damage shall be limited to the total amount that the Company actually receives from the Registered User during the 6 months preceding the date on which the cause of such damage occurs.</p>Article 13 Indemnification by the User<p>13.1 The Registered User shall indemnify and hold harmless the Company from and against any damage incurred by the Company resulting from any breach by the Registered User of any provision of the Terms or in relation to use by the Registered User of the Service.</p>
<p>13.2 " |
|
PENDING |
docbot Bot |
| Red Pocket |
"If the referee chooses a plan that is less than $30 for their second month of service, your total credit will be equal to the amount of their new plan.</li>
" |
|
PENDING |
docbot Bot |
| HP | Hewlett-Packard |
"THE FOLLOWING LIMITATIONS APPLY TO THE EXTENT PERMITTED BY LOCAL LAW.
IN THE EVENT THAT HP AT ITS OPTION PROVIDES YOU A REFUND OR A PRODUCT REPLACEMENT CARD FOR USE ON HP.COM, THE MAXIMUM LIABILITY OF HP UNDER THIS HP LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE PRICE YOU PAID FOR THE HP HARDWARE PRODUCT.
EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HP BE LIABLE FOR ANY DAMAGES CAUSED BY THE HP HARDWARE PRODUCT OR THE FAILURE OF THE HP HARDWARE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS, OR LOSS OF USE, LOST DATA OR SOFTWARE, OR ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED ON THE PRODUCT, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
HP IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.
HP IS NOT LIABLE FOR ANY DAMAGES THAT MAY ARISE AS A RESULT OF HP COMPLYING WITH ITS OBLIGATIONS UNDER LOCAL LAW.
THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS HP LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM.
" |
|
PENDING |
docbot Bot |
| Aura |
"Except where and to the extent prohibited by law, Aura is not
liable for any personal injury, including death, caused by your use or misuse
of the Sites or public areas.</p>
<p>YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE
WITH AURA IS TO DISCONTINUE YOUR USE OF THE SITES.
IN NO EVENT SHALL AURA BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, REVENUES, OR PROFITS, WHETHER OR NOT AURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, USE, OR PERFORMANCE OF THE SITES, FAILURE OF THE SITES TO OPERATE, OR ANY CONTENT OR OTHER INFORMATION PROVIDED IN CONNECTION WITH THE SITES.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT WILL THE TOTAL LIABILITY OF AURA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR
USE OF THE SITES EXCEED TWENTY FIVE DOLLARS.
" |
|
PENDING |
docbot Bot |
| Rakuten |
"COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHER, COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES OR SELLERS IN CONJUNCTION WITH THE PROGRAMS.</p>
<p>
<strong>21.
LIMITATION OF LIABILLITY</strong>
</p>
<p>21.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S.
DOLLARS ($50) OR THE MAXIMUM CASH BACK AMOUNT YOU RECEIVED IN THE LAST FOUR YEARS FROM THE DATE OF ACCEPTANCE OF THESE TERMS, WHICHEVER IS GREATER.
" |
|
PENDING |
docbot Bot |
| Truestamp |
"the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.</strong>
</li>
</ul>
<p>
<strong>This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.</strong>
</p>
<p>
<strong>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User.
The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction.
" |
|
PENDING |
docbot Bot |
| Rakuten |
"COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHER, COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES OR SELLERS IN CONJUNCTION WITH THE PROGRAMS.</p>
<p>
<strong>21.
LIMITATION OF LIABILITY</strong>
</p>
<p>21.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S.
DOLLARS ($50) OR THE MAXIMUM CASH BACK AMOUNT YOU RECEIVED IN THE LAST FOUR YEARS FROM THE DATE OF ACCEPTANCE OF THESE TERMS, WHICHEVER IS GREATER.
" |
|
PENDING |
docbot Bot |
| yelp |
"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.</li>
<li>THE YELP ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE YELP ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.</li>
<li>THE YELP ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE YELP ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA.
OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY YELP BUSINESS PAGES FOR YOUR BUSINESS.
THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 12 WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.</li>
</ol>
</li>
<li>
<strong>ARBITRATION, DISPUTES, AND CHOICE OF LAW</strong>
<ol>
<li>If you are a resident of the United States or Canada:
<ol>
<li>EXCEPT FOR EXCLUDED CLAIMS: " |
|
PENDING |
docbot Bot |
| Zulip |
"FOR
EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES,
THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR
ABILITY TO MEET YOUR NEEDS.
WE PROVIDE THE SERVICES "AS IS".</p>
<p>SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO
THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.</p>
Liability for our Services
<p>WHEN PERMITTED BY LAW, KANDRA LABS, AND KANDRA LABS'S SUPPLIERS AND DISTRIBUTORS, WILL
NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR
INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.</p>
<p>TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF KANDRA LABS, AND ITS
SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY
IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIVE DOLLARS ($5) OR THE
AMOUNT PAID BY YOU TO KANDRA LABS FOR THE PAST THREE MONTHS OF THE SERVICES IN
QUESTION.</p>
<p>IN ALL CASES, KANDRA LABS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.</p>
Business uses of our Services
<p>If you are using our Services on behalf of a business, that business accepts
these terms.
" |
|
PENDING |
docbot Bot |
| Codewars |
"In no event will Qualified, or its suppliers or licensors, be liable with respect to any subject
matter of this agreement under any contract, negligence, strict liability or other
legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii)
the cost of procurement or substitute products or services.
(iii) for interuption of use
or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you
to Qualified under this agreement during the twelve (12) month period prior to the
cause of action.
" |
|
PENDING |
docbot Bot |
| Netgear |
"You agree NETGEAR may charge interest on all amounts due that remain unpaid for thirty (30) days or more.
The monthly interest will equal up to one point five percent (1.5%) of the past due amount or the highest rate allowed by law, whichever is less, until the past due amount and interest is paid.
Such rights are in addition to and not in lieu of any other legal rights or remedies available to NETGEAR.
" |
|
PENDING |
docbot Bot |
| Scholarships.com |
"Scholarships.com reserves the right to refuse permission at its sole discretion.</p>
<p>Scholarships.com reserves the right to determine whether a link to its site is inappropriate in any way and reserves the right to require you, for any reason, to discontinue all or any links from your site or a site hosted by you.
Should you receive such a request, you must immediately remove the specified links.</p> Limitation of Liability <p>In no event, where prohibited by law, will Scholarships.com be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Scholarships.com has been advised of the possibility of such damages.</p>
<p>If, notwithstanding the other provisions of these Terms of Use, Scholarships.com is found to be liable to you for any kind of damage or loss which arises from or is in any way connected with your use of the Site or any Content, in no event shall Scholarships.com’s liability ever exceed the greater of</p>
<ul>
<li>The total of any fees with respect to any service or feature of or on the Site paid in the three months prior to the date of the initial claim made against Scholarships.com</li>
<li>$250 US currency</li>
</ul>
<p>Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.</p> Miscellaneous <p>If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
" |
|
PENDING |
docbot Bot |
| Plex |
"OR WITH THE DELAY OR INABILITY TO USE THE PLEX SOLUTION, EVEN IF PLEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF PLEX FOR BREACH OF THIS TOS IS CESSATION OF USE OF THE PLEX SOLUTION AND FOR ANY OTHER REASON RELATED TO OR ARISING OUT OF YOUR USE OF THE PLEX SOLUTION WHATSOEVER FOR AN AMOUNT NOT EXCEEDING $100 OR THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO PLEX DURING THE PAST THREE MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE PLEX SOLUTION, WHICHEVER IS GREATER.
You and Plex agree to only bring claims arising from this TOS on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
" |
|
PENDING |
docbot Bot |
| Attendify |
"CONNECTED WITH THE USE OF OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
</p>
</li>
<li> limitation of liability <p>IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, LICENSORS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED GREATER OF: (I) THE TOTAL SUM OF EVENT REGISTRATION FEES PAID BY YOU IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE ACTION OR EVENT FORMING THE BASIS FOR SUCH CLAIM.
" |
|
PENDING |
docbot Bot |
| ResearchSpace |
"TO THE FULLEST EXTENT PERMITTED BY LAW, RESEARCHSPACE MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES.
THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states don’t allow the disclaimers in this paragraph, so they may not apply to you.</p> Limitation of Liability <p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RESEARCHSPACE BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT RESEARCHSPACE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN US$20.
" |
|
PENDING |
docbot Bot |
| Goose VPN |
"Article 11 Liability</strong>
</p>
<p>11.1 GOOSE will not be liable for any consequential loss, which the user or a third party might suffer due to the use of the service.
This also includes, but is not limited to: trading loss, lost profits, loss or theft of data, intangible loss, unauthorised access to confidential information.
Consequential loss is also loss or damage related to, or resulting from, interruptions or blocking of the access to GOOSE’s network, the internet of GOOSE or third parties, a defect in the security of the information stored by the user, acts on the part of other users, or other internet users, and lastly, changes in login procedures and account data.</p>
<p>11.2 In any event the contractual and legal liability on the part of GOOSE towards the user, non-consumer, will be at all times limited to the payments excluding VAT actually made by the user to GOOSE during the ongoing contract year, which will be with a maximum of EURO 100 per incident, whereby a related series of incidents will apply as one single incident.</p>
<p>11.3 GOOSE will only be liable towards the user per incident to a maximum of the (annual) subscription owed by the user to GOOSE.
" |
|
PENDING |
docbot Bot |
| eBay |
"the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;</li>
<li>a suspension or other action taken with respect to your account or breach of the Abusing eBay Section above;</li>
<li>the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above.
or</li>
<li>your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.</li>
</ul>
<p>Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.</p>
<p>Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the eBay Money Back Guarantee up to the price the item sold for on eBay (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.</p> Release <p>If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
<strong>" |
|
PENDING |
docbot Bot |
| Turnitin |
"WITHOUT LIMITING ANY OTHER PROVISION OF THIS USER AGREEMENT, <strong>IF YOU ARE A CUSTOMER</strong>, TURNITIN AND ITS AFFILIATES', VENDORS' AND LICENSORS' TOTAL CUMULATIVE LIABILITY ARISING UNDER OR RELATED TO THIS USER AGREEMENT, THE SITE AND THE SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNTS, IF ANY, PAID TO TURNITIN BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVEN RISE TO LIABILITY.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
IN THOSE JURISDICTIONS TURNITIN'S LIABILITY UNDER THIS USER AGREEMENT SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ALSO CERTAIN SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.
" |
|
PENDING |
docbot Bot |
| ResearchSpace |
"TO THE FULLEST EXTENT PERMITTED BY LAW, RESEARCHSPACE MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES.
THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states don’t allow the disclaimers in this paragraph, so they may not apply to you.</p> Limitation of Liability <p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RESEARCHSPACE BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT RESEARCHSPACE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN US$20.
" |
|
PENDING |
docbot Bot |
| Fandango |
"WITHOUT LIMITING THE FOREGOING, FANDANGO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH PARAGRAPH 3 (REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO THE SITE OR OTHER SERVICE BY YOU OR ANY THIRD PARTY.</p> 14.
LIMITATION OF LIABILITY <p>IN NO EVENT WILL THE FANDANGO PARTIES' AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO FANDANGO IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.
FANDANGO SHALL NOT BE RESPONSIBLE FOR, OR HAVE ANY LIABILITY FOR, ANY ACTIONS, OMISSIONS, OCCURRENCES, INJURIES OR DAMAGES THAT OCCUR ON OR NEAR ANY THEATER OR OTHER LOCATION, OR IN CONNECTION WITH ANY SERVICE OR PRODUCT, TICKETED OR MADE AVAILABLE THROUGH FANDANGO’S SERVICES OR SITES.
YOU WILL LOOK SOLELY TO THE OPERATORS AND PROVIDERS OF SUCH THEATERS, LOCATIONS, SERVICES AND PRODUCTS WITH RESPECT TO ANY SUCH LIABILITY (IF ANY).</p> 15.
APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS <p>BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, FANDANGO'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.
" |
|
PENDING |
docbot Bot |
| Tripadvisor |
"If the Tripadvisor Companies are found liable for any loss or damage that arises out of or is in any way connected with your use of the Services, then the Tripadvisor Companies’ liability will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to the Tripadvisor Companies for the transaction(s) on or through the Services giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).</p>
<p>The limitation of liability reflects the allocation of risk between the parties.
The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
The limitations of liability provided in these terms inure to the benefit of the Tripadvisor Companies.</p>
<p>THESE TERMS AND CONDITIONS AND FOREGOING LIABLITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, FOR EXAMPLE UNDER CONSUMER PROTECTION LAWS IN PLACE IN CERTAIN COUNTRIES.</p>
<p>" |
|
PENDING |
docbot Bot |
| DEPRECATED #11 |
"11.
<strong>LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the application or $1.00, whichever is greater.
" |
|
PENDING |
docbot Bot |
| Sketch.com |
"Sketch does not warrant: (i) that the Sketch Platform will meet your specific requirements, (ii) that the Sketch Platform will be uninterrupted, timely, secure or error free, (iii) that the results that may be obtained from the use of the Sketch Platform will meet your expectations.
Sketch specifically disclaims any implied warranties of marchantability, fitness for particular purpose, title and non-infringement.</li>
</ol> Limitation of Liability <ol>
<li>To the maximum extent permitted by applicable law, the total aggregate liability of Sketch B.V., its Affiliates, personnel, subcontractors, agents or any third party that has been involved in the creation, production, or delivery of the Sketch Platform for all damages arising out of or in any way relating to the Sketch Platform, including Sketch Cloud and its trials, the Mac app, the Trial version and Full version, the License Key, and/or Agreement by You shall in no event exceed the total amount(s) paid to Sketch in the preceding 12 months.</li>
<li>Without prejudice to the foregoing.
" |
|
PENDING |
docbot Bot |
| The Weather Channel |
"THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
YOU SPECIFICALLY ACKNOWLEDGE THAT TWC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.</li>
<li>TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL TWC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.</li>
<li>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY.
" |
|
PENDING |
docbot Bot |
| Zillow |
"OR (VII) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THE AGGREGATE LIABILITY OF THE ZILLOW COMPANIES AND ANY OF THEIR AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO THE ZILLOW COMPANIES FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS.
" |
|
PENDING |
docbot Bot |
| WikiTree |
"This Section will not be construed to limit or exclude any other claims or remedies which Interesting.com may assert under these Terms or by law.</p>
14.
NO CONSEQUENTIAL DAMAGES
<p>UNDER NO CIRCUMSTANCES WILL INTERESTING.COM BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF USER, USER, ITS APPOINTEES OR ITS OR THEIR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE WEBSITE CONTENT OR THE WEBSITE SERVICES, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE.
IN NO EVENT WILL THE AGGREGATE LIABILITY THAT INTERESTING.COM MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE GREATER OF THE TOTAL AMOUNT ACTUALLY PAID TO INTERESTING.COM BY USER DURING THE PRECEDING YEAR OR US$100.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.</p>
15.
TERM AND TERMINATION.
<p>
<b>Termination.</b> This Agreement shall remain in full force and effect while you use the Website or are a Member.
" |
|
PENDING |
docbot Bot |
| Plaid |
"<em>Liabilities for our Platform.</em> TO THE EXTENT PERMITTED BY LAW, PLAID, ITS AFFILIATES AND ITS AND THEIR SUPPLIERS WILL NOT BE RESPONSIBLE FOR: (A) ANY LOST PROFITS, LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR (B) ANY DAMAGES OR AMOUNTS EXCEEDING, IN THE AGGREGATE, THE GREATER OF (1) THE AMOUNT YOU PAID US TO USE THE PLATFORM AND (2) ONE HUNDRED U.S.
DOLLARS (US $100).</p>
<p>
<strong>Dispute Resolution.</strong>
</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| YTMP3.CC |
"YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITES EXCEED $100.</li>
</ul>
14.
Legal Disputes
<ul>
<li>To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of Anguilla without regard to conflict of law provisions.
" |
|
PENDING |
docbot Bot |
| PrivacyMate |
"14.1 Limitation of Liability. Under no circumstances, including, but not limited to, negligence, will Aura or the Aura Entities be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to this Agreement or that result from your use of or your inability to use the Service, or any other interactions with Aura, even if Aura or an Aura authorized representative has been advised of the possibility of such damages.</p>
<p>14.2 Limitation of Damages. In no event will the total liability of Aura or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers to you for all damages, losses, and causes of action arising out of or relating to this Agreement or your use of the Service (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the Service during the twelve months immediately preceding the date of the claim or twenty five United States dollars, whichever is greater.</p>
<p>14.3 Basis of the Bargain.
" |
|
PENDING |
docbot Bot |
| Planio |
"then Planio GmbH shall be entitled to terminate the contract without notice and to demand an immediate compensation as a lump-sum payment that amounts to one-fourth of the recurring charges payable up to the end of the regular term of the agreement.</p>
<p>8.3 The amount of damages shall be higher or lower, if Planio GmbH proves that the loss suffered was greater or the Customer proves that it was less, respectively.</p>
<p>8.4 Planio GmbH reserves the right to assert further claims due to default in payment.</p>
<p>8.5 Should Planio GmbH be in default with the operational provision, the liability shall be in accordance with § 9.
" |
|
PENDING |
docbot Bot |
| Namecheap |
"OR (VIII) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.</p>
<p>IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.</p>
<p>IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL NAMECHEAP’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.</p>
<p>THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT " |
|
PENDING |
docbot Bot |
| Poll Everywhere |
"7.
LIMITATION OF LIABILITY
<p>
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT POLL EVERYWHERE SHALL NOT BE LIABILE TO YOU FOR (I) ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE EXCEEDING THE GREATER OF $100 OR THE SERVICE FESS YOU HAVE PAID TO POLL EVERYWHERE DURING THE SIX (6) MONTHS PRECEEDING THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED, OR (II) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES)" |
|
PENDING |
docbot Bot |
| Riot Games (League of Legends) |
"Riot Games reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you’ll cooperate with Riot Games in asserting any available defenses.</p>
<p>For example, if you use the Riot Services as part of a business operation (something you’re not allowed to do) and we get sued because of something you do in breach of these Terms, you’ll have to defend us in court and pay for any damages we incur.</p> 15.
LIMITATION OF LIABILITY 15.1.
<u>Is there a limit on Riot’s potential liability under these Terms?</u>
<strong> (Yes.)</strong>
<p>
<strong>
<u>To the extent permitted by law, our total liability to you (whether for breach of this contract, negligence or for any other reason whatever) for any loss, harm or damage suffered by you in connection with your downloading, use and/or access of the Riot Services is limited to the total amounts paid by you to Riot during the six (6) months immediately prior to the time your cause of action first arose.</u>
</strong>
</p>
<p>
<strong>
<u>" |
|
PENDING |
docbot Bot |
| Aura |
"</ol>
</li>
<li>
<strong>Limitation of Liability and Damages.</strong> The following provisions of this Section 14 apply to the fullest extent permitted by law: <ol>
<li>
<strong>Limitation of Liability.</strong> Under no circumstances, including, but not limited to, negligence, will Aura or the Aura Entities be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to this Agreement or that result from your use of or your inability to use the Service or Software, or any other interactions with Aura, even if Aura or an Aura authorized representative has been advised of the possibility of such damages.
</li>
<li>
<strong>Limitation of Damages.</strong> In no event will the total liability of Aura or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers to you for all damages, losses, and causes of action arising out of or relating to this Agreement or your use of the Service or the Software (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the Software and the Service during the twelve months immediately preceding the date of the claim or twenty five United States dollars, whichever is greater.
</li>
<li>
<strong>Basis of the Bargain.</strong> " |
|
PENDING |
docbot Bot |
| Identity Guard |
"When using the Services, information may be transmitted over a medium which is beyond the control and jurisdiction of Aura, its partners, advertisers, and sponsors.
Accordingly, Aura assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.</p>
<p>Further, any software, material and/or data downloaded or otherwise obtained through the use of the Services is at your own discretion and risk and you shall be solely responsible for any injury, including without limitation damage to your computer system or loss of data that results from the download of such material and/or data.</p>
<p>YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH AURA IS TO DISCONTINUE YOUR USE OF THE SERVICES.
IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID FOR THE SERVICES IN THE ONE-YEAR PERIOD PRIOR TO THE DATE THAT YOUR CLAIM ARISES.
SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
PLEASE NOTE THAT THE LIMITATION OF LIABILITY AND REMEDIES SET FORTH IN THIS SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.</p>
<strong>15.
" |
|
PENDING |
docbot Bot |
| Bitly |
"(VII) CUSTOMER’S FAILURE TO ACCESS THE BITLY SERVICES DUE TO MALFUNCTION(S) IN EQUIPMENT, INFRASTRUCTURE, SYSTEM, OR THE NETWORK USED BY CUSTOMER.
OR (VIII) AMOUNTS FOR ALL CLAIMS HEREUNDER IN THE AGGREGATE IN EXCESS OF $100.00.</li>
</ol>
</li>
<li>
<u>TERM AND TERMINATION</u>
" |
|
PENDING |
docbot Bot |
| blocksite |
"If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Company and its affiliates shall not exceed the lesser of the cost of the Service or the Product.</p>
" |
|
PENDING |
docbot Bot |
| Qualtrics |
"any failure by Customer to pay any fees due under the Agreement.</li>
</ol>
</li>
<li>
<strong>Liability Cap.</strong>
Subject to Sections 9.1 and 9.3, the maximum aggregate liability of either party (or its respective Affiliates or Qualtrics’ subcontractors) to the other or any other person or entity for all events (or series of connected events) arising in any twelve month period will not exceed the annual subscription fees paid for the applicable Cloud Service directly causing the damage for that twelve month period.
" |
|
PENDING |
docbot Bot |
| SiteLock |
"OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.,(d) Applicable laws may not allow the exclusion of certain warranties or the limitation or exclusion ,of liability for incidental or consequential damages.
Accordingly, some of the above limitations or ,exclusions may not apply to Customer.
HOWEVER, IN NO EVENT SHALL SITELOCK’S ,AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR DAMAGES, LOSSES, AND ,CAUSES OF ACTION EXCEED THE AMOUNT PAID BY CUSTOMER, IF ANY, FOR ,ACCESSING THE SERVICES OR IF NO AMOUNTS HAVE BEEN PAID, USD $100.
" |
|
PENDING |
docbot Bot |
| Kahoot! |
"(2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE KAHOOT! SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER KAHOOT! HAS BEEN MADE AWARE OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE KAHOOT! SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO KAHOOT! FOR THE PRECEDING TWELVE MONTHS PRIOR TO THE RELEVANT LIABILITY AROSE, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.</p>
<p>Nothing in the Agreements removes or limits Kahoot!’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.</p>
15.
Third party rights
<p>" |
|
PENDING |
docbot Bot |
| Cisco |
"<dl>
<p>Neither party will be liable for indirect, incidental, exemplary, special or consequential damages.
loss or corruption of data or interruption or loss of business.
or loss of revenues, profits, goodwill or anticipated sales or savings. The maximum aggregate liability of each party under this EULA is limited to (a) for claims solely arising from Software licensed on a perpetual basis, the fees received by Cisco for that Software.
" |
|
PENDING |
docbot Bot |
| Everyaction |
"IN NO EVENT WILL EVERYACTION BE LIABLE TO CUSTOMER, A CUSTOMER'S AFFILIATES, OR THEIR RESPECTIVE INDEMNITEES OR AUTHORIZED USERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE, (b) IMPAIRMENT, INABILITY TO USE, OR INTERRUPTION OR DELAY OF THE EVERYACTION MATERIALS, OTHER THAN FOR THE ISSUANCE OF ANY APPLICABLE SERVICE CREDITS, OR (c) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.</p>
<p>7.2 <em>LIMITATION OF LIABILITY</em>.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF EVERYACTION TO CUSTOMER, A CUSTOMER'S AFFILIATES, OR THEIR RESPECTIVE INDEMNITEES OR AUTHORIZED USERS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE EVERYACTION MATERIALS, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNT PAID TO EVERYACTION IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.</p>
<p>7.3 <em>IF REMEDY FAILS ESSENTIAL PURPOSE</em>.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF A NON-BREACHING PARTY'S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
EACH PARTY ACKNOWLEDGES AND AGREES THAT THE PARTIES ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 7, THAT THE SAME REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS), AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.</p>
<p>7.4 <em>Payment Adjustments for Other Proceeds</em>.
" |
|
PENDING |
docbot Bot |
| Symplicity |
"RESULTING FROM THE USE OR INABILITY TO USE THE SITE, AND WHETHER OR NOT SYMPLICITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, SYMPLICITY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).</p>
INDEMNIFICATION
<p>You agree, to the maximum extent permitted by law, at your own expense, to indemnify, defend, and hold harmless Symplicity, its officers, directors, employees, agents, representatives, partners, licensors, suppliers, stockholders, contractors, partners and agents from and against all claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable attorneys’, expert, legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (i) your access to or use of the Site (including negligent or wrongful conduct) or of any other person accessing the Site using your account or (ii) your breach of any of these Terms or of any other person accessing the Site using your account.
" |
|
PENDING |
docbot Bot |
| People For the Ethical Treatment of Animals |
" IN NO EVENT SHALL PETA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, ARISING FROM YOUR USE OF THE PETA SERVICES, EVEN IF PETA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PETA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PETA FOR THE PETA SERVICES DURING THE TERM OF MEMBERSHIP.</p>
<p>
<b>" |
|
PENDING |
docbot Bot |
| iFunny |
"THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE MAXIMUM TOTAL LIABILITY OF THE IFUNNY PARTIES TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100.</p>
<p>11.2 EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES.
THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
" |
|
PENDING |
docbot Bot |
| Spankbang |
"YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.<br>
<br>
g.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR RELATING TO THESE TERMS EXCEED $100.<br>
<br>
<p>
<strong>
<u>14.
Legal Disputes</u>
</strong>
</p>
<p>
a.
To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the State of California (United States) without regard to conflict of law provisions.
" |
|
PENDING |
docbot Bot |
| JustPark |
"Our liability to you under this agreement:<ol>
<li>We accept liability for death or personal injury caused by our negligence.
We also accept liability for fraud and fraudulent misrepresentation by us.</li>
<li>Other than our liability mentioned above, if we breach these terms or are otherwise liable to you for any other type of claim, we shall only be liable to you for losses up to the greater of: a) the amount paid by you to us in relation to the Parking Session giving rise to the dispute between us or b) £100.</li>
<li>We are not responsible for: (i) losses not caused by our breach.
" |
|
PENDING |
docbot Bot |
| LBRY |
"In addition, the Company does not represent or warrant that our Services are accurate, complete, reliable, current or error-free.
While the Company attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components.
You assume the entire risk as to the quality and performance of the Services.</strong>
</p> 14.
Limitation of Liability <p>
<strong>The Company and the other Company Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if the Company or the other Company Parties have been advised of the possibility of such damages.</strong>
</p>
<p>
<strong>The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of any amount paid, if any, by you to access or use our Services or $100 USD.</strong>
</p>
<p>
<strong>The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of the Company or other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
" |
|
PENDING |
docbot Bot |
| ProWritingAid |
"TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE SERVICES.
ORPHEUS TECHNOLOGY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>YOU AGREE THAT THE LIABILITY OF ORPHEUS TECHNOLOGY, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICES OR THE CONTENT IN THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO ORPHEUS TECHNOLOGY FOR THE USE OF THE SERVICES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
" |
|
PENDING |
docbot Bot |
| Udemy |
"8.3 Limitation of Liability <p>
There are risks inherent to using our Services, for example, if you enroll in a health and wellness course like yoga, and you injure yourself.
You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services.
In legal, more complete language, <strong>to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance.
Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.
" |
|
PENDING |
docbot Bot |
| Olark |
"Limitation of Liability
<p>You expressly understand and agree that Olark and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Olark has been advised of the possibility of such damages) in any way relating to or arising from this agreement.
In no event shall Olark or its respective suppliers’ aggregate liability for direct damages under this agreement exceed the fees paid for the immediately preceding month before the claim.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
" |
|
PENDING |
docbot Bot |
| Wordpress.com |
"The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court.
The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.</p>
17.
Limitation of Liability
<p>In no event will Automattic, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed $50 or the fees paid by you to Automattic under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater.
" |
|
PENDING |
docbot Bot |
| Mapillary |
"OR ANY OTHER MATTER RELATING TO US, THE CONTENT OR THE MAPILLARY SOLUTION.
EXCLUDING ONLY OUR LIABILITY FOR OUR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY OTHER LOSS FOR WHICH WE CANNOT LAWFULLY LIMIT LIABILITY, ANY LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED IN THE AGGREGATE TO THE GREATER OF $10 OR ALL AMOUNTS PAID BY YOU TO US DURING THE TWELVE-MONTH PERIOD PRECEDING THE OCCURRENCE OF THE CLAIM OR INCIDENT.
The foregoing limitations and exclusions apply to the maximum extent permitted by applicable law.</p>
<p>5.3 <strong>Indemnification</strong>.
" |
|
PENDING |
docbot Bot |
| Epic Search |
"THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
</li>
<li> LIMITATION OF LIABILITY.
EXCEPT AS REQUIRED BY LAW, HIDDEN REFLEX AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY, THE "HIDDEN REFLEX AND ASSOCIATES") WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED.
HIDDEN REFLEX AND ASSOCIATES' COLLECTIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES PAID BY YOU UNDER THIS LICENSE (IF ANY).
" |
|
PENDING |
docbot Bot |
| PicoCTF |
"WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF CMU AND/OR THE PICOCTF
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN
ADDITION, IN NO EVENT SHALL CMU OR ANY PICOCTF PARTIES BE LIABLE FOR
DIRECT DAMAGES RELATING TO THESE TOU OR THE SUBJECT MATTER HEREOF IN AN
AMOUNT MORE THAN ONE HUNDRED U.S.
DOLLARS ($100.00) IN THE AGGREGATE.
SUCH LIMITATIONS OF LIABILITY AND DAMAGES SHALL APPLY WHETHER THE
LIABILITY AND DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE
SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES).
" |
|
PENDING |
docbot Bot |
| SlickVPN |
"SlickVPN shall under no circumstances be held liable for damages that are the result of loss of data, use of services, or any incidental, punitive, or other damages that are in connection with the Agreement or SlickVPN services.
Cumulative liability of SlickVPN shall not exceed five-hundred U.S.
dollars ($500).</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Gamepedia |
"AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FANDOM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.</p>
<p>We do not exclude or limit in any way our liability to you where it would be unlawful to do so.</p>
<p>YOU ACKNOWLEDGE AND AGREE THAT FANDOM HAS OFFERED THE SERVICES, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY " |
|
PENDING |
docbot Bot |
| Outfit7 |
"LIMITATION OF LIABILITY
<p>TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL OUTFIT7, ITS SUBSIDIARIES OR ITS AFFILIATES AND ITS LICENSORS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT OUTFIT7 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT REPAIR, REPLACEMENT, OR A REFUND (IF AWARDED AT OUR SOLE DISCRETION) FOR THE APPLICATION DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
In no event shall Outfit7’s total liability to You for all damages (except as required by applicable law) exceed the amount actually paid by You for the Application.
THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE APPLICATION, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE APPLICATION.
" |
|
PENDING |
docbot Bot |
| LegalZoom |
"OR REGULATIONS, EVEN IF LEGALZOOM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF LEGALZOOM, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
" |
|
PENDING |
docbot Bot |
| Ghostery |
"<ol>
<li>
<b>Limitation of Liability. </b>UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE ANY USER SUBMISSIONS OR ANY REFERENCE SITES, THE WEBSITE ITSELF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</li>
</ol>
<p>
<b>11.1 Cap to Damages. </b>IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS.</p>
<ol>
<li>
<b>Limitations by Applicable Law. </b>CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
" |
|
PENDING |
docbot Bot |
| Sophos |
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOPHOS OR ANY OF ITS THIRD-PARTY LICENSORS AND SUPPLIERS OR THE CONTRIBUTORS OF INCLUDED SOFTWARE BE LIABLE TO LICENSEE FOR, OR TO THOSE CLAIMING THROUGH LICENSEE FOR, ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF CONTRACTS, BUSINESS INTERRUPTIONS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF OR CORRUPTION OF DATA HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), AND INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE RELATED TO ANY THIRD PARTY SOFTWARE EVEN IF SOPHOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS IN THIS CLAUSE SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.<br>
<br> 7.2 IF ANY LIMITATION, EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THIS LICENSE AGREEMENT IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND SOPHOS BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LESSER OF (i) THE FEE PAID BY LICENSEE AND (ii) SOPHOS’S LIST PRICE FOR THE PRODUCT.<br>
<br> 7.3 SUBJECT TO CLAUSE 15.6.6, IN NO EVENT SHALL SOPHOS’S AGGREGATE LIABILITY TO LICENSEE ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, FROM ALL CAUSES OF ACTION AND THEORIES OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE), EXCEED THE LESSER OF (i) THE FEE PAID BY LICENSEE AND (ii) SOPHOS’S LIST PRICE FOR THE PRODUCT.<br>
<br> 7.4 SOPHOS DOES NOT LIMIT OR EXCLUDE ITS LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (ii) FRAUDULENT MISREPRESENTATION, " |
|
PENDING |
docbot Bot |
| Eat This Much |
"OR STORE ANY INFORMATION, OR (viii) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICE.
IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO YOU RELATING TO YOUR USE OF THE SITE AND/OR SERVICE EXCEED ONE HUNDRED DOLLARS ($100).</p> 16.
Miscellaneous <p>Any dispute arising from this Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions.
" |
|
PENDING |
docbot Bot |
| SailPoint |
"EXCEPT AS EXPRESSLY PROVIDED IN THIS ,SECTION 7 AND TO THE MAXIMUM EXTENT PERMITTED BY ,KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ,OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL WARRANTIES ,OF FITNESS FOR A PARTICULAR PURPOSE, ,MERCHANTABILITY, ACCURACY OF INFORMATIONAL ,CONTENT, SYSTEMS INTEGRATION, NON-INFRINGEMENT, ,NON-INTERFERENCE WITH ENJOYMENT OR OTHERWISE.
,WILL BE ERROR FREE OR UNINTERRUPTED.
SAILPOINT ,MAKES NO WARRANTY REGARDING ANY NON-SAILPOINT ,APPLICATION WITH WHICH THE SAAS SERVICE MAY ,INTEROPERATE.
THE LIMITED WARRANTIES PROVIDED IN ,THIS SECTION 7 ARE THE SOLE AND EXCLUSIVE WARRANTIES ,PROVIDED TO CUSTOMERIN CONNECTION WITH THE ,SUBJECT MATTER OF THIS SAAS AGREEMENT.
,8.LIMITATIONS OF LIABILITY,8.1.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ,IN NO EVENT SHALL EACH PARTY’S AGGREGATELIABILITY ,ARISING OUT OF OR RELATING TO THIS SAAS AGREEMENT ,EXCEED THE AMOUNT OF FEES PAID OR PAYABLE BY ,CUSTOMER UNDER THE ORDER GIVING RISE TO THE CLAIM ,FOR THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO ,THE CLAIM.
THE FOREGOING LIMITATION SHALL APPLY ,WHETHER AN ACTION ISIN CONTRACT, TORT, OR OTHERWISE ,AND " |
|
PENDING |
docbot Bot |
| Pokemon.com |
"SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE
TOTAL LIABILITY OF POKÉMON AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS,
DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS
AND/OR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT OR TORT) EXCEED $100.00.</p>
<p>YOU UNDERSTAND THAT THE WARRANTY DISCLAIMERS
AND LIABILITY AND REMEDY LIMITATIONS LISTED ABOVE ARE A CONDITION OF US MAKING
THE SERVICE AVAILABLE TO YOU.
" |
|
PENDING |
docbot Bot |
| Dynadot |
"7.4  .
The transfer of a Last Chance Domain consequent to its sale on the Dynadot Market shall not extend the expiration date of the domain name.
</p>
<p>
7.5  .
A bid for a Last Chance Domain for an amount in excess of the total of the respective current bid and the minimum bid increment shall become a proxy bid ("Proxy Bid").
</p>
<p>
" |
|
PENDING |
docbot Bot |
| Albertsons Companies,(Subsidiaries) |
"SUBJECT TO THE FOREGOING, IN NO EVENT WILL SAVE MART BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE-HUNDRED DOLLARS ($100.00) IN CONNECTION WITH YOUR USE OF THE SITE.</p>
<strong>Online Orders &.
" |
|
PENDING |
docbot Bot |
| Bloomberg L. P. |
"or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.</p>
<p>(iv) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BLOOMBERG, ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF BLOOMBERG HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, THE SERVICE, USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL BLOOMBERG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.</p>
<p>" |
|
PENDING |
docbot Bot |
| ScholarshipOwl |
"TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF US OR ANY OF OUR AFFILIATES, OR ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR SUPPLIERS, UNDER ANY THEORY OF LAW (INCLUDING FOR BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR INFRINGEMENT), SHALL NOT EXCEED THE AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE FIRST CLAIM UNDER THESE TERMS OF USE.
THIS IS AN AGGREGATE LIMIT.
THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.
</p>
<p>" |
|
PENDING |
docbot Bot |
| Identity Guard |
"Limitation of Liability<p>Except where and to the extent prohibited by law, which may include the province of Quebec, in no event shall Aura, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not Aura is advised of the possibility of such damages.
Except where and to the extent prohibited by law, which may include the province of Quebec, Aura is not liable for any personal injury, including death, caused by your use or misuse of the Sites or public areas.</p>
<p>YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH AURA IS TO DISCONTINUE YOUR USE OF THE SITES.
IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES OR THE CONTENT, EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.</p>11.
" |
|
PENDING |
docbot Bot |
| Osano |
".
Limitation of Liability.
<p>EXCEPT AS EXPRESSLY PROVIDED HEREIN, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY TO THE OTHER FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BY STATUTE, CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE FEES PAID BY CUSTOMER FOR THE SERVICES SUBJECT TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.<br>
<br>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY, ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, " |
|
PENDING |
docbot Bot |
| OwnBackup |
"No Indirect Damages.</strong> Neither party or its Affiliates will be liable for any indirect, special, incidental or consequential damages or losses arising out of or related to this Agreement (including, without limitation, lost profits, lost revenue, lost savings, or costs of delay).</p>
<p>
<strong>9.2.
Liability Limit.</strong> Each party’s and its Affiliates’ total, aggregate liability arising out of or related to this Agreement will not exceed the amount paid by Customer within the 12 months before the first incident out of which the liability arose.</p>
<p>
<strong>9.3.
Increased OwnBackup Liability Limit if Customer Uses Security Features.</strong> Notwithstanding the above, Section 9.2 (Liability Limit) will not apply to any breach by OwnBackup of its security, confidentiality or privacy obligations regarding Customer Data while the Advanced Security Features are enabled and in use in Customer’s applicable SaaS Service instance(s), provided in no event will OwnBackup's and its Affiliates’ total, aggregate liability for such breaches related to any incident or series of connected incidents exceed two times the amount paid by Customer within the 12 months before the first such incident.
" |
|
PENDING |
docbot Bot |
| AdGuard Software Limited |
"7.
LIMITATION OF LIABILITY 7.1.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RIGHTHOLDER NOR ITS SUPPLIERS OR PARTNERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR ANY PRODUCTS OR SERVICES PROVIDED UNDER THIS EULA WHETHER BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF RIGHTHOLDER OR ITS SUPPLIERS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7.2.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RIGHTHOLDER’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO RIGHTHOLDER FOR ANY SOFTWARE OR OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS EULA.
7.3.
THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.
" |
|
PENDING |
docbot Bot |
| ConsumerDigitalSurvey |
"THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION.
YOU HEREBY RELEASE COMPANY, AS WELL AS ITS PARTNERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).
" |
|
PENDING |
docbot Bot |
| Vultr |
"REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL VULTR, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES ("AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES.
(B) FOR LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.
(C) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION OR SIMILAR ACTION, EVEN IF VULTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
</p>
<p> THE TOTAL AGGREGATE AND MAXIMUM LIABILITY OF VULTR AND THE AFFILIATES, ARISING FROM OR OTHERWISE RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO VULTR DURING THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.
</p> More simply put: <p> You agree that you will not hold Vultr liable for damages caused by the operations of your business or website.
</p> 23.
GENERAL PROVISIONS <p>
<b>23.1.
Jurisdiction, Venue, and Choice of Law</b>.
" |
|
PENDING |
docbot Bot |
| LightyearVPN |
"ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.<br>
<br>
<strong>LIMITATIONS OF LIABILITY</strong>
<br>IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH " |
|
PENDING |
docbot Bot |
| Webflow |
"AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL WEBFLOW, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING ONE DOLLAR.</p>
<p>THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WEBFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
" |
|
PENDING |
docbot Bot |
| Disco Elysium |
"OTHER THAN THOSE SET OUT IN THIS EULA;</li>
<li>ZA/UM ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF ITS WARRANTIES IN CLAUSE 5.1 ABOVE UNLESS OTHERWISE SET OUT IN THIS EULA;</li>
<li>SUBJECT TO CLAUSE 5.3, ZA/UM AND ITS LICENSORS’ MAXIMUM LIABILITY WILL BE LIMITED TO £50;</li>
<li>ZA/UM AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR " |
|
PENDING |
docbot Bot |
| 2Captcha |
"We and our Team won’t be liable for any indirect, punitive, special, or consequential<br>
damages under any circumstances, even if they’re based on negligence or we’ve been advised<br>
of the possibility of those damages.
Our total liability for all claims made about the Service in<br>
any month will be no more than what you paid us for the Service the month before.</p>
<p>
<strong>11.
No Warranties</strong>
</p>
<p> To the maximum extent permitted by law, we provide the material on the Website and the<br>
Service as is.
That means we don’t provide warranties of any kind, either express or implied,<br>
including but not limited to warranties of merchantability and fitness for a particular purpose.</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Albertsons Companies,(Subsidiaries) |
"Notwithstanding the foregoing, Company's total liability to you (excluding any liability for injury to the person in the case of consumer goods), whether under contract, warranty, tort (including but not limited to negligent, but excluding grossly negligent, reckless and intentional, acts of the Company), product liability, strict liability or any other theory, arising from these Terms or your access to and/or use of the Sites for any reason whatsoever shall be limited in the aggregate to the total of all payments you have made to Company (if any) during the three-month period preceding the date of such claim.
If you are dissatisfied with any of the Sites, any Content, or any services provided through any of the Sites, your sole and exclusive remedy is to discontinue using the Sites.</b> Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you.
" |
|
PENDING |
docbot Bot |
| JustPark |
"We accept liability for death or personal injury caused by our negligence.
We also accept liability for fraud and fraudulent misrepresentation by us.</li>
<li>Other than our liability mentioned above, if we breach these terms or are otherwise liable to you for any other type of claim, we shall only be liable to you for losses up to the greater of: a) the amount paid by you to us in relation to the Booking giving rise to the dispute between us.
or b) £100.</li>
<li>We are not responsible for: (i) losses not caused by our breach.
(ii) indirect losses (which means loss to you which is a side effect of the main loss or damage, and where you and we could not have reasonably expected that loss would arise at the time of entering into these terms).
(iii) any loss arising as a result of the accuracy, timeliness, completeness or usefulness of any information.
or (iv) failure to provide the Services or to meet any of our obligations under these terms where such failure is due to events beyond our control (for example a network failure).</li>
<li>You have certain rights under the law.
Nothing in these terms (including this section) is intended to or will affect these statutory rights.
" |
|
PENDING |
docbot Bot |
| Al.com |
"WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED OR ARISING OUT OF THE AGREEMENT, THE SERVICE, CONTENT, THE SALE, PURCHASE, RECEIPT, USE OR MISUSE OF ANY PRODUCT, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE SERVICE OR ANY CONTENT OR PRODUCT, INCLUDING DAMAGE TO YOUR DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, CONTENT OR PRODUCTS, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE, CONTENT OR ANY OF THE PRODUCTS AVAILABLE ON OR THROUGH THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Typical.Guru |
".</p>
<p>Limitations to Sections 11 and 12.
Applicable law may not allow the exclusion of certain warranties or the exclusion of liability for incidental or consequential damages.
Accordingly, some of the above exclusions in Sections 11 and 12 may not apply to you.
However, in no event shall Typical Guru’s total liability to you for damages, losses, and causes of action (whether in contract, tort, negligence, strict liability, or other theory of liability) exceed the amount paid by you, if any, for accessing or using features of the Website.</p>
<p>Indemnification.
" |
|
PENDING |
docbot Bot |
| e-foundation |
"14.
Limitation of Liability
<p>In no event will e Foundation, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to e Foundation under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| JustPark |
"We accept liability for death or personal injury caused by our negligence.
We also accept liability for fraud and fraudulent misrepresentation by us.</li>
<li>Other than our liability mentioned above, if we breach these terms or are otherwise liable to you for any other type of claim, we shall only be liable to you for losses up to the greater of: a) the amount paid by the Driver in relation to the Booking giving rise to the dispute between us.
or b) £100.</li>
<li>We are not responsible for: (i) losses not caused by our breach.
(ii) indirect losses (which means loss to you which is a side effect of the main loss or damage, and where you and we could not have reasonably expected that loss would arise at the time of entering into these terms).
(iii) any loss arising as a result of the accuracy, timeliness, completeness or usefulness of any information.
or (iv) failure to provide the Services or to meet any of our obligations under these terms where such failure is due to events beyond our control (for example a network failure).</li>
<li>You have certain rights under the law.
Nothing in these terms (including this section) is intended to or will affect these statutory rights.
" |
|
PENDING |
docbot Bot |
| JustPark |
"This insurance policy will be governed by the laws of England, whose courts alone shall have jurisdiction in any dispute arising from this insurance.</p>8.
Definitions<p>
<i>Where <b>we</b> explain what a word means that word will be highlighted in bold print and will have the same meaning wherever it is used in the policy.</i>
</p>
<p>
<i>
<b>"Aggregate Claims Limit"</b> means the maximum amount payable in the <b>Period of Insurance</b> as shown in <b>Your Policy Schedule</b>.</i>
</p>
<p>
<i>
<b>"Commercial Use"</b> means the use of the <b>Motor Vehicle</b> as a taxi, minicab or limousine.</i>
</p>
<p>
<i>
<b>"Excess"</b> means the amount <b>you</b> are responsible for/have to pay under the terms of <b>Your Motor insurance Policy</b>.</i>
</p>
<p>
<i>
<b>"Imminent Claim"</b> means an <b>incident</b> that could give rise to a claim under this policy that <b>you</b> are or were aware of prior to the <b>Period of Insurance</b> that was to be or had just been reported under <b>Your Motor Insurance Policy</b>.</i>
</p>
<p>
<i>
<b>" |
|
PENDING |
docbot Bot |
| DonorBox |
"Limitation of Liability <ol>
<li>
<strong>No Consequential Damages.</strong> TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY, ITS AFFILIATES, AGENTS, REPRESENTATIVES, EMPLOYEES OR SUPPLIERS BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY (EXCEPT PURSUANT TO SECTIONS 8 AND 9) UNDER ANY LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING ANY AMOUNTS FOR LOSS OF PROFITS, SUBSTITUTE GOODS, LOSS OF DATA OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR TERMINATION HEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR WARRANTY PROVIDED HEREUNDER.
THE FOREGOING LIMITATION SHALL NOT APPLY TO AMOUNTS FOR WHICH EITHER PARTY IS LIABLE TO THE OTHER PARTY UNDER SECTION 4 SECTION 6, SECTION 7, OR SECTIONS 8 OR 9 (INDEMNIFICATION), OR BASED ON YOU EXCEEDING THE SCOPE OF THE LICENSES GRANTED HEREUNDER.
</li>
<li>
<strong>Cap on Monetary Liability.</strong> EXCEPT AS OTHERWISE PROVIDED, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DONORBOX, ITS SERVICE PROVIDERS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO DONORBOX.
THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
</li>
</ol>
</li>
<li> General Provisions <ol>
<li>
<strong>Compliance with Laws.</strong> " |
|
PENDING |
docbot Bot |
| Rovio |
"Limitations of Liability
<p>In no way will Rovio be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Rovio has been advised of the possibility of such damages.
For purposes of Article 12 “Limitations of Liability,” Rovio’s licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.</p>
<p>
<strong>In no way will Rovio´s total aggregate liability arising out of or in connection with these TOS, the Privacy Notice or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use Virtual Items.
or (ii) one hundred euros (€100).
The exclusions and limitations of damages are fundamental elements of the basis of the agreement between Rovio and you.</strong>
</p>
<p>Some jurisdictions do not allow certain limitations of liability such as these stated above.
thus, the above terms may not apply to you.
Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions.
" |
|
PENDING |
docbot Bot |
| National Retail Federation |
"WE DO NOT PROVIDE LEGAL ADVICE NOR DO WE ENTER INTO ANY ATTORNEY-CLIENT RELATIONSHIP. .
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN AN ELECTRONIC FILE ACCESSED THROUGH THE SITE IS DISCLAIMED. .
OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION PROVIDED ON THIS SITE.</p>
<p> </p>
<p>
<strong>9. <u>Notice and Procedure for Making Claims of Copyright or Other Intellectual Property</u>
</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Replika |
"OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL REPLIKA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Watermark Insights |
"SOFTWARE OR PRODUCTS OBTAINED ON THE SERVICE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATION FAILURES, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR WEB SITES.
ORGANIZATION ACKNOWLEDGES THAT WATERMARK IS NOT RESPONSIBLE FOR THIRD-PARTY SERVICES OR CONTENT MADE AVAILABLE THROUGH THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES WATERMARK’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.</p>
<p>
<strong>6.2 Maximum Liability.</strong> If, notwithstanding the foregoing, Watermark is held liable for damages to Organization, End Users or third parties in connection with this Agreement, then regardless of the theory of liability (including negligence, contract, tort, breach of warranty, strict liability or otherwise), in no event shall the maximum liability of Watermark or its affiliates, and respective directors, officers, shareholders, employees, agents, insurers or third party providers exceed the aggregate dollar amount paid by Organization for subscriptions to Watermark in the twelve (12) month period preceding the date of the claimed breach, injury or damage.
THIS SECTION LIMITS AND ALLOCATES THE RISK AND ORGANIZATION ACKNOWLEDGES THAT THE PRICING PROVIDED UNDER THIS AGREEMENT REFLECTS THIS LIMITATION AND ALLOCATION OF LIABILITY.</p>
<p>7.
Payment of Fees</p>
<p>" |
|
PENDING |
docbot Bot |
| Cinemax |
"For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration.
Moreover, in arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you would be in court.</p>
<p>
</p>
<p>In addition, under certain circumstances (as explained below), we will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what we have offered you to settle the dispute.</p>
<p>
</p>
<p>" |
|
PENDING |
docbot Bot |
| McAfee |
"(II) THEFT OF PERSONALLY IDENTIFIABLE INFORMATION OR COST OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES, AND (III) DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR NEGLIGENCE OF ANY KIND, OR FOR ANY OTHER INDIRECT DAMAGE OR LOSS.
IN NO EVENT WILL OUR, OUR AFFILIATES’ OR OUR SUPPLIERS’, LICENSORS’ OR OTHER THIRD-PARTY SERVICE PROVIDERS’ AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES UNDER THIS AGREEMENT EXCEED THE PRICE YOU PAID FOR THE APPLICABLE SOFTWARE, OR USD $100 (OR THE EQUIVALENT AMOUNT IN NATIONAL CURRENCY) " |
|
PENDING |
docbot Bot |
| Electrify America |
"MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SOLUTION OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THE SOLUTION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, TOTAL LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SOLUTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SOLUTION (DURING THE LAST TWELVE (12) MONTHS) " |
|
PENDING |
docbot Bot |
| Bullet VPN |
"The mere purpose of asking for such verification is the fact that we need to keep fraudsters away and because we believe you are a genuine customer you will have no issues in choosing from one of the options offered to you e.g.
Send us a blank email from non-free email address, Send us any NON-CONFIDENTIAL Document etc.</p>
<strong>Limited Liability</strong>
<p>BulletVPN shall not be liable under any circumstances for any special, consequential, incidental or punitive damages arising out of or in any way connected with this Agreement and/or any services and products that the you may choose to purchase or use, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties.
This limited liability clause shall apply even if BulletVPN has been notified of the possibility of any claims.
In no event shall BulletVPN’s maximum liability exceed the total amount paid by you for the service or the product.</p>
<strong>Important Note</strong>
<p>At times, there are changes and amendments to BulletVPN’s Terms and Conditions.
BulletVPN has all the rights to modify and alter Terms and Conditions, whenever it is necessary and required by BulletVPN.
" |
|
PENDING |
docbot Bot |
| SmartBit |
"15.
Limitation of Liability <p>In no event will Smartbit, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to Smartbit under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Brain.fm |
"In no event shall Brain.FM be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the access, use or inability to use the Products and the Product Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
In such states, our liability shall be limited to the greatest extent permitted by law.
To the fullest extent permitted by law, the liability of Brain.FM arising from any error or other circumstance that may give rise to liability in relation to the Products shall – except for instances of any physical harm, gross negligence and willful misconduct - be limited to the amount paid by you for access to the Products in the relevant month.</p>
<p>Technical problems such as temporary non-availability of the Products must be expected and shall not constitute breach of this Agreement.
Brain." |
|
PENDING |
docbot Bot |
| Mattermost |
"Limitation of Liability<p>In no event will Mattermost, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to Mattermost under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Liftoff |
"TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU THEREFORE DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
(II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
(III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL.
" |
|
PENDING |
docbot Bot |
| TechSmith (Subsidiaries) |
"or (c) loss of revenue, profits, goodwill or anticipated ,sales or savings.
,All liability of TechSmith, its affiliates, officers, directors, employees, agents, suppliers ,and licensors collectively, whether based in warranty, contract, tort (including ,negligence), or otherwise, shall not exceed the fees paid by Customerfor the Service in ,the twelve months prior to the eventthat gave rise to the claim.
This limitation of liability ,is cumulative and not per incident.
Nothing in this Agreement limits or excludes any ,liability that cannot be limited or excluded under applicable law." |
|
PENDING |
docbot Bot |
| MaxMind |
"UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MAXMIND OR ANY RELATED PARTY OR SUPPLIER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, OR DATA, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OR THE INABILITY TO ACCESS AND USE THE SERVICES, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY, STATUTE, OR OTHERWISE EVEN IF MAXMIND HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
THE TOTAL LIABILITY OF MAXMIND, IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU, IF ANY, UNDER THIS AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY " |
|
PENDING |
docbot Bot |
| TechSmith (Subsidiaries) |
"or (c) loss of revenue, profits, goodwill or anticipated sales or savings.
All liability of TechSmith, its affiliates, officers, directors, employees, agents, suppliers and licensors collectively, whether based in warranty, contract, tort (including negligence), or otherwise, shall not exceed the license fees paid for the Software that gave rise to the claim.
This limitation of liability for Software is cumulative and not per incident.
" |
|
PENDING |
docbot Bot |
| Castbox |
"OR CESSATION OF TRANSMISSION TO OR FROM the service, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH the service BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA the Service.</li>
</ul>
<br>
<p>
<b>B. <i>Limited Liability.</i>
</b>
</p>
<br>
<p>TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF the Service, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN These Terms of SErvice, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH These Terms of Service, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.</p>
<br>16. Notice to New Jersey Users<p>Notwithstanding any terms set forth in these Terms of Service, if any of the provisions set forth in Section 13 are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of these Terms of Service shall remain binding on you and the Company.
" |
|
PENDING |
docbot Bot |
| CollegeBoard |
"Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of the College Board shall be limited in accordance with this Agreement to the fullest extent permitted by law.
The user specifically waives any and all claims it may have arising out of use of the website(s).
Any service for which a separate fee is charged carries with it only the representations and warranties specifically stated attributable to that service.</p>
<p>The College Board, and its respective affiliates, officers, directors, employees, agents, contractors, or other suppliers shall not be liable for any loss, cost, or damage due to causes beyond their control.
You understand that the College Board accepts no responsibility for security of information transmitted over the Internet.</p>
<p>Without limiting any of the foregoing, if the College Board, or any of its respective affiliates, officers, directors, employees, agents, contractors or suppliers is found liable to you for any claims or matters arising under or in connection with this Agreement, the College Board's and such parties' aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed the amounts paid by you to the College Board for the specific Service or product giving rise to such liability.</p>Distribution of Third-Party Content<p>The College Board does not exercise editorial control over third-party content provided, uploaded, published, or distributed by users and other participants in collegeboard.com.
" |
|
PENDING |
docbot Bot |
| Bitaps |
"no information or advice, whether expressed, implied, oral or written, obtained by you from Bitaps or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.</li>
</ul>
<br>
Limitation of Liability
<p> In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services.
Bitaps will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.</p>
Copyrights/Trademarks
<p>All content and materials available on bitaps.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Bitaps, and are protected by applicable copyright and trademark law.
Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Bitaps" |
|
PENDING |
docbot Bot |
| Among Us |
"FURTHERMORE, Among Us SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED TO ANY HARDWARE OR BY THE COMBINATION OF OUR SITE AND SOFTWARE WITH ANY OTHER APPLICATION OR SOFTWARE.
IN ANY CASE, OUR ENTIRE LIABILITY, THAT THAT OF OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES OR SUBSIDIARIES, UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO $1,000.
TO THE EXTENT SOME STATES AND JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES.</p>
<p>IN AN OF THE FOREGOING EXCLUSIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE VOIDABLE OR UNENFORCEABLE, WHETHER IN WHOLE OR IN PART, FOR ANY REASON, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF Among Us AND THE OF OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES SOFTWARE, WHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO ONE HUNDRED DOLLARS ($100.00).
RECOVER OF SUCH DAMES UP TO SUCH ABOUT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.</p>
<p>THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CLAIMS, CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM OR RELATE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS, OR ANY OTHER CLAIM OR CAUSE OF ACTION.
HOWEVER STATED, THE EXCLUSION OF CONSEQUENTIAL DAMAGES UDNER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IF SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR " |
|
PENDING |
docbot Bot |
| Olvid |
"In the event of a specific deadline negotiated between the parties, no discount will be granted for the early payment of invoices.
In addition, penalties of an amount equal to three times the legal interest rate will be automatically applied to unpaid amounts from the due date of the invoice or in the event of rejection of bank payment.</p>
<p>In addition, the Customer will automatically be liable for a lump sum indemnity of 40 euros for recovery costs.
If the recovery costs actually incurred by Olvid should exceed this amount, it reserves the right to request additional compensation upon justification.</p>
<p>" |
|
PENDING |
docbot Bot |
| Netcup |
"For the timely receipt the date of postmark respectively incoming fax shall be decisive.
Unless otherwise agreed, the maximum amount of credit note is 100% of the monthly rent of the ordered product by the customer at netcup GmbH for which the "service level" has not been respected </li>
<li>netcup carries out regular maintenance and service work designed to ensure the continued capability of the systems deployed.
" |
|
PENDING |
docbot Bot |
| VSCO |
"</blockquote>
<blockquote>
<strong>9.2 Limitation on Damages.</strong> IN NO EVENT WILL VSCO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO VSCO HEREUNDER DURING THE 12 MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM OR $100.00, WHICHEVER IS GREATER.
</blockquote>
<blockquote>
<strong>9.3 Basis of the Bargain.</strong> THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VSCO AND YOU.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VSCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
" |
|
PENDING |
docbot Bot |
| Snapfish |
"FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.</p>
<p>In addition, when using the Services, information will be transmitted over a medium which is beyond the control and jurisdiction of Snapfish, its partners, advertisers, and sponsors or any other third party mentioned on the Services.
Accordingly, Snapfish assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.</p>
<p>YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH SNAPFISH IS TO DISCONTINUE YOUR USE OF THE SERVICES OR ANY SERVICE OFFERED BY SNAPFISH.
IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR USE OF THE SERVICES.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.</p>
<p>Back to top</p>
XI.
Order and Shipping Information <p>After creating your products, from your shopping cart you will be able to review/edit your products, and/or remove your products before placing your order.</p>
<p>" |
|
PENDING |
docbot Bot |
| Owl Mail |
"OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.</p>20.
" |
|
PENDING |
docbot Bot |
| MobyGames |
"IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY LICENSOR PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING MOBYGAMES, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF MOBYGAMES.
" |
|
PENDING |
docbot Bot |
| Session |
"Limitation of Liability</b> — THE SESSION PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE SESSION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED TEN DOLLARS ($10).
THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE SESSION PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.</p>
<p>
<b>Availability of Our Services</b> — Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures.
" |
|
PENDING |
docbot Bot |
| Amino |
"ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>
<em>Limitation of Liability</em> .
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL NARVII (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO NARVII IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
" |
|
PENDING |
docbot Bot |
| Digiarty Software |
"NO LIABILITY FOR CONSEQUENTIAL DAMAGES <p>IN NO EVENT SHALL WinXDVD SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF WinXDVD SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL WinXDVD SOFTWARE LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
</p>
<p>" |
|
PENDING |
docbot Bot |
| App.net |
"IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL MOBIBLOCKS’ TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT " |
|
PENDING |
docbot Bot |
| HITN |
"LIMITATION OF LIABILITY AND DAMAGES.<br>
</strong>(a) LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HITN OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE HITN MATERIALS AND USER CONTENT ON THE SITE OR ANY REFERENCE SITES, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH HITN, EVEN IF HITN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.(b) LIMITATION OF DAMAGES.
IN NO EVENT SHALL HITN OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS (USD $100) OR ONE-HALF OF THE ANNUAL FEES PAID BY YOU TO HITN (IF APPLICABLE) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THAT SUCH CLAIM AROSE.(c) THIRD PARTY PRODUCTS AND SERVICES.
SOME USERS MAY USE THE SITE TO MARKET PRODUCTS AND/OR SERVICES.
" |
|
PENDING |
docbot Bot |
| Leanpub |
"Limitation of Liability <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUBOSS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (OTHER THAN CONTENT CONTRIBUTORS GRANTING LICENSES PURSUANT TO THESE TERMS) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, OPPORTUNITY, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
(II) ANY CONDUCT OR CONTENT OF
ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
(III) ANY CONTENT OBTAINED FROM THE SERVICES.
AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT RUBOSS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>
<p>You agree that the liability of Ruboss, its officials, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with any transaction entered hereunder or the Site or Services shall not exceed the amount you paid to Ruboss in connection with the transaction giving rise to such claim.</p>
<p>Any action under these Terms must be commenced within one (1) year of knowledge or discovery of the cause of action.</p>
<p>The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of Ruboss, its officers, employees, affiliates and agents which, but for this provision, would give rise to the cause of action against Ruboss in contract, tort, or any other legal doctrine.
" |
|
PENDING |
docbot Bot |
| Built In |
"In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of Built In and the Contractors will be limited in accordance with these Terms to the extent permitted by law.</p>
<p>
<strong>5.3 </strong>Without limiting any of the foregoing, if Built In or any of the Contractors are found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.</p>
<p>
" |
|
PENDING |
docbot Bot |
| Midland Credit Management |
"WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF MCM FOR ANY REASON WHATSOEVER RELATED TO USE OF THE MCM WEBSITE OR THE MCM APP, RESULTS FROM USE OF THE MCM WEBSITE OR THE MCM APP, OR FOR ANY CLAIMS RELATING TO THIS TOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD).</p>
<p>
<strong>15. ARBITRATION:</strong> <strong>Any dispute or claim relating in any way to your use of the MCM Website OR THE MCM APP, or to any interaction with MCM or its parent or affiliates, whether through the MCM website, THE MCM APP, or otherwise, or to any product(s) or service(s) offered by mcm or its parent or affiliates will be resolved by binding arbitration, rather than in court</strong>, except that you may assert claims in small claims court if your claims qualify.
The Federal Arbitration Act and federal arbitration law apply to this agreement.</p>
<p>
<strong>There is no judge or jury in arbitration, and court review of an arbitration award is limited.
" |
|
PENDING |
docbot Bot |
| Cookie-Script.com |
".
Limitation of Liability for Loss or Damage<p>In conjunction with the Disclaimer and Warranty as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of services.
" |
|
PENDING |
docbot Bot |
| Arq Backup |
"All payments made by you to us under this Agreement will be
made free and clear of any deduction or withholding, as may be required by law.
If any such deduction or withholding (including but not limited to cross-border
withholding taxes) is required on any payment, you will pay such additional
amounts as are necessary so that the net amount received by us is equal to the
amount then due and payable under this Agreement.
" |
|
PENDING |
docbot Bot |
| ZeroBounce |
"ANY INDEMNIFICATION FOR ANY CLAIMS OR ACTIONS BROUGHT AGAINST CUSTOMER BASED ON, OR AS A RESULT OF, OR IN CONNECTION WITH ANY INACURRACY, OMISSION, DEFECT OR MISTAKE IN THE ZEROBOUNCE HOSTED SERVICE, OR CUSTOMER’S USE THEREOF.</p>
<p>
<b>15.
Limitation of Liability</b> .
EXCEPT FOR CLAIMS ARISING UNDER A PARTY’S OBLIGATIONS OF CONFIDENTIALITY OR INDEMNIFICATION UNDER THIS AGREEMENT, NEITHER PARTY’S AGGREGATE LIABILITY WILL EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO PROVIDER IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, AND NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND ARISING FROM CUSTOMER’S USE OF THE ZEROBOUNCE HOSTED SERVICE.
NOTWITHSTANDING THE FOREGOING, PROVIDER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY THEORY OF LIABILITY IS LIMITED TO THE AMOUNT OF FEES CUSTOMER HAS PAID TO USE THE ZEROBOUNCE HOSTED SERVICE IN THE PRECEDING TWELVE (12) MONTHS.</p>
<p>
<b>16.
Notice</b> .
" |
|
PENDING |
docbot Bot |
| Reason Up |
"BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR SERVICE INTERRUPTION, LOSS OF GOODWILL, LOSS OF BUSINESS PROFITS, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA OR BUSINESS INFORMATION OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF ReasonUp OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE ReasonUp UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING all of our Group Members) FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE USE OF ReasonUp.</p>12.
" |
|
PENDING |
docbot Bot |
| SailPoint |
"SailPoint will use log files, database records, audit logs and anyother information available to validate anSLA Claim and make a good faith judgment on the applicability of thisSLA to such SLA Claim.In the event anSLA Claim is denied, SailPoint shall maketheinformation used to validate suchSLA Claim available for auditing byCustomer at Customer’s request.4.Service Credits.If System Availabilityis less than 99.9%in an individual monthand if Customer has fulfilled all of its obligations underthe SaaS Agreement, then upon Customer submitting and SailPoint validating anSLA Claim, SailPoint will issue a Service CreditinCustomer’s next invoice, calculatedin accordance with the below chart.
“Service Credit” represents apercentage of the monthly fee associated with the affected SaaS Service.
In any given calendar month, Customer shall in no event be entitled to receive a Service Credit that exceeds 50% of its monthly fee for the affected SaaS Service.% System AvailabilityService Credit<.
99.9%10%<.
99.0%20%<.
" |
|
PENDING |
docbot Bot |
| TWiT |
"IN NO EVENT WILL TWiT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE TWiT SERVICES, EVEN IF TWiT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TWiT' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TWiT FOR THE TWiT SERVICES DURING THE TERM OF YOUR USE OF THE TWiT SERVICES.
" |
|
PENDING |
docbot Bot |
| Showtime |
"AND USING THE SERVICES.<br>
<br>THE PROVIDER PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.<br>
<br>THE PROVIDER PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES (INCLUDING THEIR FUNCTIONS, CONTENT AND ANY PRODUCTS OR SERVICES ACQUIRED THROUGH THE SERVICES), YOUR USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT AND ANY PRODUCTS OR SERVICES ACQUIRED THROUGH THE SERVICES), THESE TERMS OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE PROVIDER PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT).
IN NO EVENT WILL THE PROVIDER PARTIES' LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO PROVIDER FOR ACCESS TO THE RELEVANT SERVICE IN THE THREE MONTHS " |
|
PENDING |
docbot Bot |
| Icedrive |
"CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL ID CLOUD SERVICES LTD AGGREGATE LIABILITY TO YOUR OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ID CLOUD SERVICES LTD AND YOU.
IN STATES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ID CLOUD SERVICES LTD AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.<br>
<br>
The Services are controlled and offered by ID CLOUD SERVICES LTD from its facilities in the United Kingdom.
" |
|
PENDING |
docbot Bot |
| SailPoint |
"(viii) remove, modify,or obscure any All fees shall be stated in and paid by the Customer in the ,copyright, trademark, or other proprietary notices contained in the currency statedin each Order.
If any fees (except with respect ,Services or Documentation.
(ix) reverse engineer, decompile, to charges then under reasonable and good faith dispute) remain ,disassemble, or otherwise attempt to derive the source code used or ,embodied in the SaaS Service, which for the avoidance of doubt ,includes the related algorithms, methods, and techniques.
(x) access of law, (i) SailPoint reserves the right to suspend the Services ,or use the Services or Documentation in order to build a similar or upon thirty (30) days written notice, until such amounts are paid ,competitive product, or (xi) exploit the Servicesor Documentation in in full, and (ii)any such unpaid feesmayaccrue, at SailPoint’s ,any unauthorised way whatsoever, including by trespassing or ,burdening network capacity.
If for some reason these restrictions are half (1.5%) percent of the outstanding balance per month or the ,prohibited by applicable law or by an agreement SailPoint has with ,one of its licensors, then the activities are permitted only to the extent due until the date paid.
" |
|
PENDING |
docbot Bot |
| Watermark Insights |
"If, notwithstanding the foregoing, Watermark is held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of Watermark or its affiliates, directors, officers, shareholders, employees, agents or third party providers exceed the aggregate dollar amount paid by you in the twelve (12) month period preceding the date of the claimed injury or damage.</p>
<p>9.
INDEMNIFICATION BY YOU</p>
<p>" |
|
PENDING |
docbot Bot |
| NextRoll |
"TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE NEXTROLL ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE NEXTROLL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
THE NEXTROLL ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE NEXTROLL ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR PRODUCTS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.</p> 9.
ARBITRATION AND CLASS ACTION WAIVER <p>Back to top</p>
<p>" |
|
PENDING |
docbot Bot |
| NextRoll |
"10.3 Disclaimer of Damages.</b> NEXTROLL WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CUSTOMER FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS (WHETHER DIRECT OR INDIRECT) OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES RELATED TO THIS AGREEMENT, EVEN IF NEXTROLL IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.</p>
<p>
<b>10.4 Cap on Liability.</b> UNDER NO CIRCUMSTANCES WILL NEXTROLL’S COLLECTIVE TOTAL LIABILITY ARISING OUT THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO NEXTROLL UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY " |
|
PENDING |
docbot Bot |
| Ruby Shore Software |
"WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.</p>
LIMITATIONS OF LIABILITY
<p>IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Imperfect Foods |
"Section 12 - Limitation of Liability<p> </p>
<p>To the fullest extent permitted by applicable law, in no event shall Imperfect be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages of any kind arising out of or in any way related to the access or use of the sites or content or the order, receipt or use of any product or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance by any user on any information obtained from Imperfect or from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory (even if Imperfect has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).</p>
<p>
</p>
<p>To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of Imperfect arising out of or in any way related to (a) the order, receipt or use of products purchased from Imperfect exceed the amount paid for such products.
" |
|
PENDING |
docbot Bot |
| Tribune Publishing |
"TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, TRIBUNE PUBLISHING AND/OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF THE LESSER OF $100 OR THE AMOUNT YOU PAID TO USE THE SITE.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.</p>
<p>
<b>Indemnity.</b> " |
|
PENDING |
docbot Bot |
| Midland Credit Management |
"WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF MCM FOR ANY REASON WHATSOEVER RELATED TO USE OF THE MCM WEBSITE OR THE MCM APP, RESULTS FROM USE OF THE MCM WEBSITE OR THE MCM APP, OR FOR ANY CLAIMS RELATING TO THIS TOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD).</p>
<ol>
<li>ARBITRATION.</li>
</ol>
<p>
<strong>ANY DISPUTE OR " |
|
PENDING |
docbot Bot |
| Waste Management |
"If you are a consumer and you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S.
Dollars ($250.00), we will pay the additional cost.
" |
|
PENDING |
docbot Bot |
| Touch of Modern |
"THE LIMITATIONS IN THE TWO PRECEDING PARAGRAPHS DO NOT APPLY TO NEW JERSEY RESIDENTS PURCHASING PRODUCTS FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.</p>
<strong>Limitation of Liability</strong>
<br>
<br>
<p>IN NO EVENT SHALL TOUCHOFMODERN, OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR PRODUCT DESCRIPTIONS, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF A) AMOUNTS PAID OR PAYABLE BY YOU IN CONNECTION WITH THE SERVICE.
OR B) ONE-HUNDRED U.S.
DOLLARS ($100.00).
" |
|
PENDING |
docbot Bot |
| Pintas & Mullins Law Firm |
"ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR SITE SERVICES.
AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, SITE SERVICES, AND WEBSITE CONTENT IS AT YOUR SOLE RISK.</p>
<p>
<b>9.
Limitation of Liability</b>.
SUBJECT TO SECTION 21 (RELATIONSHIP TO ENGAGEMENT LETTER), UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL P&M BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE WEBSITE, WEBSITE CONTENT, OR WEBSITE SITE SERVICES.
IN NO EVENT SHALL P&M’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE WEBSITE, WEBSITE CONTENT, OR SITE SERVICES RECEIVED FROM P&M EXCEED U.S.
$100.00.</p>
<p>
<b>10.
Indemnity</b>.
" |
|
PENDING |
docbot Bot |
| Rooster Teeth |
"ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU THEREFOR DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
(II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
(III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
" |
|
PENDING |
docbot Bot |
| Nuts.com |
"THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.
EACH USER HEREBY RELEASES NUTS.COM FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF NUTS.COM TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).
<strong>NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR NUTS.COM MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION</strong>.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND NUTS.COM.
" |
|
PENDING |
docbot Bot |
| Manscaped |
"The JAMS rules governing the arbitration may be accessed at jamsadr.com/adr-rules-procedures.
If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S.
Dollars ($250.00), we will pay the additional cost.
" |
|
PENDING |
docbot Bot |
| Foundation.App |
"DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, LOSS IN VALUE OF ANY DIGITAL ARTWORK, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM.
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PLATFORMS RESULTING FROM ANY DIGITAL ARTWORK, GOODS, DATA, INFORMATION OR PLATFORMS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM.
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM.
OR (V) ANY OTHER MATTER RELATING TO THE PLATFORM.
IN NO EVENT WILL FOUNDATION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FOUNDATION IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). </p>
<p> SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
" |
|
PENDING |
docbot Bot |
| SmileBack |
"19.
Limitation of Liability <p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMILEBACK WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF SMILEBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SMILEBACK BE RESPONSIBLE FOR ANY BUSINESS INTERRUPTIONS CAUSED BY YOUR USE OF THIS SITE AND/OR THE SERVICE OR YOUR INABILITY TO ACCESS THIS SITE AND/OR THE SERVICE.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR THE COST OF PROCUREMENT OF REPLACEMENT PRODUCTS, SOFTWARE, SERVICES, DATA, CONTENT OR MATERIAL.
THE CUMULATIVE LIABILITY OF SMILEBACK TO YOU FOR ALL CLAIMS RELATING TO THESE TERMS, YOUR USE OF THIS SITE AND/OR THE SERVICE, OR SUBMISSION OF INFORMATION THROUGH THIS SITE OR THE SERVICE, IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF THE GREATER OF (I) ALL FEES PAID BY YOU TO SMILEBACK DURING THE SIX MONTH BILLING PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
OR (II) $500.
THE LIMITATION OF LIABILITY SET FORTH IN THESE TERMS FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.</p>
<p>Some state laws do not allow limitations on certain damages.
" |
|
PENDING |
docbot Bot |
| Rezolve.ai |
"To receive any of the Service Credits described above, You must notify Asc within thirty (30) days from the time You become eligible to receive a Service Credit.
Failure to comply with this requirement will forfeit You right to receive a Service Credit.</p>
</li>
</ul>
<p>
<strong>12.
LIMITED LIABILITY.</strong>
</p>
<ul>
<li>
<p>IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY LOSS OR DAMAGE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS AND BUSINESS INTERRUPTION), EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SECTION 12.1SHALL NOT APPLY TO YOUR BREACH OF THE RESTRICTIONS SET FORTH IN SECTION 3.</p>
</li>
<li>
<p>NOTWITHSTANDING THE GENERALITY OF THE ABOVE, IF A PARTY IS FOUND TO BE LIABLE BY A FINAL JUDICIAL RULING, THE CUMULATIVE LIABILITY THEREUNDER FOR ANY CLAIM RELATING TO THE SOFTWARE AND TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED THE AMOUNT PAID OR DUE BY YOU TO US FOR THE PROVISION OF THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO A CLAIM.
THIS SECTION 12.1 SHALL NOT APPLY TO: (A) A BREACH OF EITHER PARTY’S CONFIDENTIALITY OBLIGATIONS.
" |
|
PENDING |
docbot Bot |
| Qualified.com |
"A PARTY’S VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.</p>
<p>
<strong>9.4 DATA BREACH CAP. .
</strong>THE CAP REFERENCED IN SECTION 9.1 SHALL NOT APPLY TO ANY CLAIMS ARISING FROM OR RELATING TO ALL ACTUAL OR SUSPECTED DISCLOSURES, AND UNAUTHORIZED ACCESS, ACQUISITIONS OR MISUSES OF, ANY INFORMATION RELATING TO AN IDENTIFIED OR IDENTIFIABLE INDIVIDUAL (“DATA BREACH”). .
EACH PARTY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO ALL DATA BREACHES, COMBINED, SHALL BE SUM OF TWO (2) TIMES ALL FEES PAID AND PAYABLE BY CUSTOMER TO QUALIFIED IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY " |
|
PENDING |
docbot Bot |
| KISS Metrics |
"THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL.</p>
8.3 LIMITATIONS ON LIABILITY
<p>KISSMETRICS AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF KISSMETRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN FULL</p>
<p>KISSMETRICS’ CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO KISSMETRICS FOR USE OF THE SERVICES DURING THE SIX MONTHS " |
|
PENDING |
docbot Bot |
| VIZIO |
"Upon the termination of these Terms of Service, you must cease all use of the Smart Product, VIZIO Software, Platform and Platform Services.</p>
Limitation of Liability
<p>TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VIZIO BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SMART PRODUCTS, VIZIO SOFTWARE, PLATFORMS OR PLATFORM SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VIZIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall VIZIO's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of twenty-five dollars ($25.00).
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
THIS PROVISION WILL NOT AFFECT YOUR RIGHTS UNDER THE VIZIO LIMITED WARRANTY.</p>
Binding Arbitration Agreement.
" |
|
PENDING |
docbot Bot |
| VIZIO |
"VIZIO WILL NOT BE RESPONSIBLE FOR (A) LOSS OF USE, LOSS OF INFORMATION OR DATA, COMMERCIAL LOSS, LOST REVENUE OR LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR (B) DIRECT DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS PAID TO VIZIO BY YOU DURING THE PREVIOUS 12-MONTH PERIOD, OR FIFTY DOLLARS (U.S.
$50.00), WHICHEVER IS GREATER.
THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY EVEN IF VIZIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.</p>
<p>" |
|
PENDING |
docbot Bot |
| Navient Solutions, LLC. |
"NAVIENT ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY DATA OR OTHER INFORMATION PROVIDED BY YOU ON THE SERVICE.
NOTWITHSTANDING THE FOREGOING, BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
IF THESE LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF NAVIENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500.
" |
|
PENDING |
docbot Bot |
| OneSearch |
"THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING.</p>
<p>TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE STATED IN SECTION 14, VERIZON MEDIA ENTITIES ARE NOT LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS OR SERVICES FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO US FOR THE SERVICES.</p> " |
|
PENDING |
docbot Bot |
| Parler |
"OR (d) UNAUTHORIZED ,ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR COMMUNICATIONS ,THROUGH THE SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ,PARLER ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES ,EXCEED THE GREATER OF TWO HUNDRED U.S.
DOLLARS (U.S.
$200.00) OR ,THE AMOUNT YOU PAID PARLER, IF ANY, IN THE PAST SIX MONTHS FOR THE ,SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SECTION ,SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, ,CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND ,SHALL FURTHER APPLY WHETHER OR NOT PARLER HAS BEEN INFORMED OF ,THE POSSIBLITY OF ANY SUCH DAMAGES AND EVEN IF A REMEDY LAID OUT ,IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
,12.Applicable law and jurisdiction.
The laws of the State of Nevada, excluding its choice ,of law provisions, will govern these Terms and any dispute that arises between you and ,Parler.
" |
|
PENDING |
docbot Bot |
| FairGo |
"Also bets placed on European Roulette with an active bonus are not allowed.</p>
<p>14.
Please note that any no deposit bonus will have a maximum cash-out of 5x the bonus amount given (unless stated otherwise) e.g.
$100 bonus - max.
cash-out will be $500. No exceptions can be made if a Random Jackpot is hit.
The rule will only be annulled after a customer's balance has reached below $1<strong>.</strong>
</p>
<p>15.
Wagering requirements for our deposit bonus coupons are 30 times the sum of the deposit plus the bonus, unless otherwise stated.
" |
|
PENDING |
docbot Bot |
| Synology |
"WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SYNOLOGY OR ITS AFFILIATED COMPANIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SYNOLOGY OR ITS AFFILIATED COMPANIES FOR ACCESS TO OR USE OF THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.</p> 17.
Applicable Law.
" |
|
PENDING |
docbot Bot |
| StreamElements |
"Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.14.2 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STREAMELEMENTS FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO STREAMELEMENTS FOR USING THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.</p>
<p>15 Indemnity.
" |
|
PENDING |
docbot Bot |
| XtraMath |
"We are not liable if things go wrong or don’t meet your expectations.</p>7.
Limitation of Liability.<p>
To the fullest extent permitted by applicable law, under no circumstances, including but not limited to negligence, will XtraMath or its affiliated contractors, employees, agents and its third-party suppliers, licensors, and partners be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to these Terms or your use of (or inability to use) XtraMath, or any interactions with XtraMath.</p>
<p>In no event will XtraMath’s or its affiliated contractors’, employees’, agents’ and its third-party suppliers’, licensors’, and partners’ total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms or your use of (or inability to use) XtraMath, or any interactions with XtraMath, exceed the amount paid by you, if any, for accessing XtraMath during the twelve months immediately preceding the date of the claim or one-hundred dollars, whichever is greater.</p>
<p>You and XtraMath agree that any cause of action arising out of or relating to these Terms or your use of (or inability to use) XtraMath, or any interactions with XtraMath, must commence within ONE YEAR after the cause of action accrues.
Failure to commence a cause of action within this time limit will result in a permanent bar on the cause of action.</p>
<p>" |
|
PENDING |
docbot Bot |
| FACEIT |
"OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, FACEIT IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISE OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF FACEIT SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY GAME OR SIMILAR FEES WITH RESPECT TO ANY PAYMENT OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST FACEIT, OR (II) US$100.00.</p> " |
|
PENDING |
docbot Bot |
| Synology |
"ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE PRODUCT, ANY ACCOMPANYING DOCUMENTATION OR SOFTWARE AND ANY OTHER GOODS OR SERVICES PROVIDED UNDER THIS WARRANTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY EVEN IF SYNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>
<strong>4.3 Limitation of Liability.</strong> SYNOLOGY'S AND ITS SUPPLIERS' LIABILITY ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE PRODUCT, ANY ACCOMPANYING DOCUMENTATION OR SOFTWARE AND ANY OTHER GOODS OR SERVICES PROVIDED UNDER THIS WARRANTY IS LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT REGARDLESS OF THE AMOUNT OF DAMAGES CUSTOMER MAY INCUR " |
|
PENDING |
docbot Bot |
| HubSpot |
"The claims for which we will be liable to you without limit in accordance with this section are collectively referred to as “Full Liability Claims”.</p>
<p>c.
No Indirect Damages.
EXCEPT FOR FULL LIABILITY CLAIMS, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES.</p>
<p>d.
Limitation of Liability.
EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE ‘INDEMNIFICATION’ SECTION, YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, AND OUR LIABILITY FOR FULL LIABILITY CLAIMS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY, ITS AFFILIATES OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE SUBSCRIPTION SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
" |
|
PENDING |
docbot Bot |
| JW Player |
"EXCEPT AS OTHERWISE PROVIDED, USE OF THE PRODUCTS IS AT PUBLISHER'S OWN RISK AND PUBLISHER IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF EXERCISING THE RIGHTS GRANTED UNDER THIS AGREEMENT AND ASSUMES ALL RISKS ASSOCIATED THEREWITH, INCLUDING BUT NOT LIMITED TO THE RISKS AND COSTS OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE LAWS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, SUITABILITY FOR HOSTING AND UNAVAILABILITY OR INTERRUPTION.</p>
Limitation of Liability
<p>EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW OR TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE, IN NO EVENT SHALL THE COMPANY BE LIABLE UNDER ANY EQUITY, COMMON LAW, CONTRACT, ESTOPPEL, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER THEORY (REGARDLESS OF THE FORM OF ACTION) (A) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, REVENUES, SAVINGS, CUSTOMERS, OPPORTUNITIES OR GOODWILL), (B) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL OR (C) FOR ANY LOSS, CORRUPTION OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COMPANY'S CUMULATIVE AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF SERVICE FROM ANY CAUSE OF ACTION WHATSOEVER EXCEED THE TOTAL FEES PAID BY PUBLISHER TO THE COMPANY PURSUANT TO THESE TERMS OF SERVICE DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.
" |
|
PENDING |
docbot Bot |
| CurseForge (DEPRECATED) |
"Some states or jurisdictions do not allow the exclusion of certain warranties.
Accordingly, some of the above exclusions may not apply to you.
</p> 6.
Limitation of liability <p> IN NO EVENT SHALL OVERWOLF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OVERWOLF'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS EXCEED U.S.
$100.
" |
|
PENDING |
docbot Bot |
| Crayon.co |
"Except as expressly provided for herein, the Services are provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
and Crayon does not represent or warrant that the Services are fully accurate, complete, reliable, current or error-free.</p>
<p>
<strong>11.
Limitation of Liability.</strong> EXCEPT IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT, CUSTOMER’S PAYMENT OBLIGATIONS OR CUSTOMER’S BREACH OF SECTION 6 OF THIS AGREEMENT: (A) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY UNDER THIS AGREEMENT, IN CONTRACT OR IN TORT, OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY), FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING LOST PROFITS OR REVENUES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM.
AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES PAID OR PAYABLE TO CRAYON DURING THE TWELVE MONTH PERIOD PRIOR TO SUCH CLAIM.</p>
<p>
<strong>12.
" |
|
PENDING |
docbot Bot |
| Streamlabs |
"SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
</p>
<p> f.
Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
</p>
<p> g.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained.
" |
|
PENDING |
docbot Bot |
| Dare Drop |
"Because some payments can’t be collected — for instance, when a backer’s credit card expires before funding ends, and they don’t provide updated information — we can’t guarantee that the amount of funding you receive will be exactly equal to the full amount pledged minus fees.</li>
<li>
<b>We’ll help resolve payment-card disputes</b>.
If a backer of your Dare disputes the charge with their card issuer, we’ll handle re-presenting the charge to settle the dispute with the card issuer.
" |
|
PENDING |
docbot Bot |
| Brisbane Times |
"the repair of the goods;</li>
<li>the payment of the cost of having the goods replaced.
or</li>
<li>the payment of the cost of having the goods repaired.</li>
</ol>
</li>
</ol>
<p>In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the Fairfax Network, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.</p>
<p>" |
|
PENDING |
docbot Bot |
| TaxAct |
"Limitation of Liability and Damages <p>EXCEPT AS PROVIDED UNDER THE LIMITED WARRANTY FOR TAXACT PRODUCTS DESCRIBED ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF TAXACT AND THE PARTICIPATING PARTIES (JOINTLY) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES AND CONTENT.</p>
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TAXACT NOR THE PARTICIPATING PARTIES WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF TAXACT OR THE PARTICIPATING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>
<p>THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE TAXACT OR THE PARTICIPATING PARTIES' LIABILITY FOR PRODUCT LIABILITY CLAIMS THAT ARISE IN CONNECTION WITH THE ACCESS OR USE OF THE SERVICES OR FOR TAXACT'S " |
|
PENDING |
docbot Bot |
| Intuit |
"<br>
<br> 8.2 INTUIT, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.<br>
<br>
<strong>9.
LIMITATION OF LIABILITY AND INDEMNITY.</strong> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.
SUBJECT TO APPLICABLE LAW, INTUIT, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: " |
|
PENDING |
docbot Bot |
| MyVidster (DEPRECATED) |
"Under no circumstances will MyVidster or our Representatives be liable to you, your company, or any third party for any indirect, consequential,
incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to
property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Website or
the Content, or the transmission of information to or from the Website over the Internet, even if we were advised, knew, or should have known of the
possibility of such damages or costs.
In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of
MyVidster and our Representatives will be limited in accordance with these Terms to the extent permitted by law.
</p>
<p>
Without limiting any of the foregoing, if we or any of our Representatives are found liable to you or to any third party as a result of any claims or other
matters arising under or in connection with these Terms, the Website, or your use of the Website, the maximum liability for all such claims and other
matters will not exceed $100 in any calendar year.
</p>
<p>
16.
INDEMNITY
</p>
<p>
" |
|
PENDING |
docbot Bot |
| NitroFlare.com |
"this E-money will be used to credit an E-wallet<br>
- E-PRO TRANSACTIONS are labeled "Online Payment" on CARDHOLDER's bank card transaction statements in accordance with the
following description in force today: "Online Payment".<br>
- EMP CORP will inform the PARTNER of any changes to this description, which could occur at any moment, what is agreed by
the PARTNER.<br>
<br>
</p>Limitation of liability
<br>
<p>
</p>
<p>IN NO EVENT WILL: (I) NITROFLARE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY INTERRUPTION OF BUSINESS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE TERMS, THE SERVICE, THE SITE OR THE THIRD PARTY CONTENT REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
AND (II) NITROFLARE.COM'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE TERMS, THE SERVICE, THE SITE OR THE THIRD PARTY CONTENT EXCEED THE AMOUNT PAID BY YOU TO NITROFLARE.COM UNDER THE TERMS (IF ANYTHING).
MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
" |
|
PENDING |
docbot Bot |
| Hetzner |
"AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
</p>
<p>IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED 100% OF THE MONTHLY FEE OF THE SERVICE WE PROVIDE TO YOU.
</p>
<p>THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT " |
|
PENDING |
docbot Bot |
| Mitgo |
"The Creator shall receive from Admitad ConvertSocial a reward that directly depends on the success of his/her advertising campaigns.</p>
<p>6.2.
In each individual case, the average reward amount is determined by the type of paid Target Action and the rate set by the Brand for this Target Action that is effective at the time of performing said Target Action.
The Brand has the right to change the rates, but the new rates do not apply to Target Actions already performed.
The Creator may not demand a different rate for his/her Target Action.
The Creator undertakes to familiarize him/herself with current rates in Admitad ConvertSocial’s interface.
Submitting an application to join a program indicates the Creator’s agreement with the current proposed rates.
The minimum withdrawal amount should equal or exceed 20 euros.
" |
|
PENDING |
docbot Bot |
| Aanicca Ventures |
"Limitation of Liability</p>
<p>IN NO EVENT SHALL Aanicca BE LIABLE FOR ANY UNAVAILABILITY ORINOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICALMALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OFINFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANYKIND BEYOND THE REASONABLE CONTROL OF Aanicca.
IN NO EVENTWILL Aanicca BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OREXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OFPROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGESARE FORESEEABLE AND WHETHER OR NOT Aanicca HAS BEENADVISED OF THE POSSIBILITY THEREOF.
Aanicca'S CUMULATIVELIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALLTHEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEEDTHE AMOUNTS PAID TO AFFILIATE " |
|
PENDING |
docbot Bot |
| SC Johnson |
"BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY’RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE WEBSITE.</p> DISCLAIMER <p>THE MATERIALS IN OUR WEBSITE ARE PROVIDED “AS IS.” THIS MEANS THAT SC JOHNSON DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE WEBSITE.</p>
<p>THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES:</p>
<ul>
<li>" |
|
PENDING |
docbot Bot |
| mediaplayer10 |
"Limitations of Liability
<p>WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, EQUIPMENT DOWNTIME, LOSS OF DATA, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT OUR AGGREGATE LIABILITY, HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SHALL, IN NO EVENT, EXCEED ONE DOLLAR (US$1.00).
" |
|
PENDING |
docbot Bot |
| Sirius XM Radio Inc |
"IN NO EVENT WILL THE AGGREGATE OF EACH OF THE COMPANY AND ITS AFFILIATES’ LIABILITY FOR ANY AND ALL OF YOUR CLAIMS, OR ANY THIRD PARTY CLAIMS, AGAINST US AND OUR PROGRAMMING OR DATA SUPPLIERS, SERVICE PROVIDERS, MARKETING/DISTRIBUTION SOFTWARE OR INTERNET SUPPLIERS OR HARDWARE OR SOFTWARE MANUFACTURERS, OR SUPPLIERS, CONTRACTORS AND LICENSORS, OR INDEPENDENT SELLERS, ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS PURSUANT TO THESE TERMS OF USE OR BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF THE COMPANY, AND/OR ITS AFFILIATES, OR YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE SERVICE OR SITE, EXCEED THE PRICE PAID BY YOU TO THE COMPANY HEREUNDER FOR THE MOST RECENT SIX MONTHS OF SERVICE IMMEDIATELY PRIOR TO THE SPECIFIC EVENT WHICH GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS.
" |
|
PENDING |
docbot Bot |
| Sirius XM Radio Inc |
"WE ASSUME NO RESPONSIBILITY FOR ACCIDENTS, DAMAGES OR OTHER LOSSES RESULTING FROM OR ASSOCIATED WITH USE AND/OR MISUSE OF THE SERVICE OR OUR APPS.</p>
<p>
<strong>2.
Limitations of Liability</strong>: IN NO EVENT ARE WE OR ANY THIRD PARTY, INCLUDING ANY EXTERNAL SERVICE, LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, OR LOSSES RELATING TO THE USE, LOSS OF USE OR DATA, OR PURCHASE OF ANY RADIO OR EQUIPMENT, OR YOUR PURCHASE OR USE OF THE SERVICE, YOUR USE OF THE SITE OR OUR APPS, OR FROM ANY CONTENT POSTED ON THE SITE BY US OR ANYONE ELSE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, WHETHER ARISING OUT OF BREACH OF THIS AGREEMENT, TORT OR ANY OTHER CAUSE OF ACTION RELATING TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT.<br>
<br>
IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY AND COMPANY’S AFFILIATES OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT OR BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF THE COMPANY, AND/OR ITS AFFILIATES, EXCEED THE PRICE PAID BY YOU TO THE COMPANY OR YOUR EXTERNAL SERVICE PROVIDER FOR THE MOST RECENT SIX MONTHS OF SERVICE IMMEDIATELY PRIOR TO THE SPECIFIC EVENT WHICH GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS.
" |
|
PENDING |
docbot Bot |
| AVG Security |
"TO THE FULL EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCES WILL ANY MEMBER OF VENDOR GROUP OR ANY VENDOR PARTNER’S TOTAL AGGREGATE LIABILITY FOR ALL LOSS OR DAMAGE TO YOU OR ANY THIRD PARTY ARISING FROM OR RELATING TO ANY SOLUTION, THE SUBSCRIPTION OR THIS AGREEMENT EXCEED THE GREATER OF: (I) FIVE U.S.
DOLLARS (US$5.00).
AND (II) THE AMOUNT OF THE SUBSCRIPTION FEES YOU HAVE PAID FOR THE IMMEDIATELY PRECEDING 12 MONTHS OF THE SUBSCRIPTION PERIOD.
</p>
<p> 6.5.
THE EXCLUSIONS AND LIMITATIONS OF LIABILITY OF MEMBERS OF THE VENDOR GROUP AND VENDOR PARTNERS CONTAINED IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE THEIR POTENTIAL LIABILITY FOR: </p>
<p>6.5.1.
DEATH, PERSONAL INJURY, DAMAGE TO TANGIBLE PROPERTY OR FRAUD BEYOND THE EXTENT PERMITTED BY APPLICABLE LAWS.
AND</p>
<p>" |
|
PENDING |
docbot Bot |
| Sydney Morning Herald |
"the repair of the goods;</li>
<li>the payment of the cost of having the goods replaced.
or</li>
<li>the payment of the cost of having the goods repaired.</li>
</ol>
</li>
</ol>
<p>In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the Fairfax Network, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.</p>
<p>" |
|
PENDING |
docbot Bot |
| Cameo |
"You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any Cameo Party with respect thereto.</strong>
</li>
<li>
<strong>To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any Cameo Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not Cameo has been advised of the possibility of such damages.</strong>
</li>
<li>
<strong>To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by Cameo from you during the 12 months preceding the claim giving rise to such liability.</strong>
</li>
<li>
<strong>Certain jurisdictions do not allow the exclusion or limitation of certain damages.
" |
|
PENDING |
docbot Bot |
| MGA Entertainment |
"OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF MGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL MGA TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED TEN DOLLARS.</p>
<p>" |
|
PENDING |
docbot Bot |
| VIA Character |
"All such information, services, and related graphics are provided “as is” without warranty of any kind.
VIA and/or its respective partners hereby disclaim all warranties and conditions with regard to this information, services, and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.</p>
<p>
<strong>Limitation of Liability</strong>: In no event will VIA be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from, relating to, or in any way connected the Website, including, but not limited to, the VIA Survey Materials, even if VIA is aware or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, VIA’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of: (a) the amount paid, if any, by you to VIA during the preceding twelve (12) month period preceding your claim.
" |
|
PENDING |
docbot Bot |
| TV Time |
"WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY.
YOU AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO DISCONTINUE USE OF THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, IN NO EVENT WILL WNI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES OR LOSSES EXCEED THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID WNI TO USE THE SERVICES, OR (II) FIFTY UNITED STATES DOLLARS ($50.00).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.</p>XIII.
" |
|
PENDING |
docbot Bot |
| The Age |
"the repair of the goods;</li>
<li>the payment of the cost of having the goods replaced.
or</li>
<li>the payment of the cost of having the goods repaired.</li>
</ol>
</li>
</ol>
<p>In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the Fairfax Network, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.</p>
<p>" |
|
PENDING |
docbot Bot |
| Australian Financial Review |
"or</li>
<li>(iv) the payment of the cost of having the goods repaired.</li>
</ul>
<p>
</p>
<p>In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the Fairfax Network, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.</p>
<p>In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Fairfax Network.</p>Indemnity<p>You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Fairfax Network, including any breach by you of the Conditions.</p>GST<p>Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via the Fairfax Network are stated inclusive of GST.
" |
|
PENDING |
docbot Bot |
| WAtoday |
"the repair of the goods;</li>
<li>the payment of the cost of having the goods replaced.
or</li>
<li>the payment of the cost of having the goods repaired.</li>
</ol>
</li>
</ol>
<p>In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the Fairfax Network, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.</p>
<p>" |
|
PENDING |
docbot Bot |
| Realestate.com.au |
"To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services.
or the replacement or repair of goods or payment of the cost of replacement or repair.</p>
<p>IN NO EVENT SHALL REA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF REA GROUP LTD AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00.</p>
<p>
<strong>Jurisdiction</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Kumu |
"Conditions of Sale, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of, or relating to the sale of Products under each Customer Contract,shall not exceed the sums that you have paid to Seller under such Customer Contract.<br>10.3 Exclusion of liability: Kumu and Kumu Indemnitees shall not be liable to you for any losses whatsoever or howsoever caused, and regardless of the form of action, arising directly or indirectly in connection with: (i) amounts due from other users of the Platform in connection with the purchase of any Product.
(ii) the sale of the Products to you, or its use or resale by you.
and (iii) any defect arising from fair wear and tear, willful damage, misuse, negligence, accident, abnormal storage and/or working conditions, alteration or modification of the products, or failure to comply with Seller’s instructions on the use of the products, whether oral or written.</p>
<p>11.
General</p>
<p>11.1 References to “Kumu”: References to “Kumu” in these Terms &.
Conditions of Sale apply both to Kumu’s actions as the operator of the Platform or as the agent of Sellers in respect of each and every Customer Contract.<br>11.2 Right to subcontract: Sellers shall be entitled to delegate and/or subcontract any rights or obligations under these Terms &.
" |
|
PENDING |
docbot Bot |
| Daylio |
"This EULA gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.
In no event shall the Owner's liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the Software.</p>
<p> 6.
PRIVACY AND ADVERTISING.
" |
|
PENDING |
docbot Bot |
| Acronis |
"IN NO EVENT SHALL ACRONIS'S TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).</p>
<p>TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.</p>TERMINATION<p>Acronis may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to, any message boards on the Site, for any reason, including without limitation, breach of this Agreement.
" |
|
PENDING |
docbot Bot |
| IHS Markit |
"NEITHER CGS, ABA NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE LIABILITYU OF CGS, ABA OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY SUBSCRIBER FOR ACCESS TO SUCH MATIERALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN.
" |
|
PENDING |
docbot Bot |
| HPMOR.com |
"DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME.
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT MIRI’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1,000, WHICHEVER IS LESS.</p>
Resolution of Disputes
<p>YOU AND MIRI AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, " |
|
PENDING |
docbot Bot |
| AppsFlyer |
"OR FOR ANY LOST PROFITS OR LOSS OF REVENUE, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF APPSFLYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, APPSFLYER’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF, OR RELATING TO, THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 (TWELVE) MONTHS PRECEDING THE APPLICABLE CLAIM, IN THE AGGREGATE.</li>
<li>SOME OF THE LIMITATIONS PROVIDED HEREIN MAY NOT BE ALLOWED UNDER THE LAWS OF CERTAIN JURISDICTIONS.
IF ANY SUCH LAW IS DEEMED TO APPLY TO THE AGREEMENT THEN THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAWS.</li>
" |
|
PENDING |
docbot Bot |
| The School District of Philadelphia |
"OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
DISTRICT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DISTRICT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.</p>
LIMITATIONS OF LIABILITY
<p>IN NO EVENT SHALL DISTRICT OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR DISTRICT SERVICES, EVEN IF DISTRICT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DISTRICT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DISTRICT FOR THE DISTRICT SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.</p>
<p>CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Everyday Health Group |
"OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF EVERYDAY HEALTH OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES AND/OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
" |
|
PENDING |
docbot Bot |
| Juno |
"YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE EQUIPMENT.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
<br>
</ul>
<p>
<b>5.0 Limitation of Juno's Liability</b>
</p>
IN NO EVENT SHALL JUNO OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE UNDER ANY SECTION OF THESE TERMS OF SERVICE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT JUNO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
JUNO SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL JUNO'S LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO JUNO FOR THE APPLICABLE SERVICE FOR THE PRIOR MONTH.
" |
|
PENDING |
docbot Bot |
| Hallmark |
"BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.</p>
<strong>LIMITATION OF LIABILITY</strong>
<p>UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL SHOP.HALLMARKBUSINESSCONNECTIONS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEBSITE, EVEN IF SHOP.HALLMARKBUSINESSCONNECTIONS.COM OR A SHOP.HALLMRKBUSINESSCONNECTIONS.COM AUTHORIZED REPRESENTATIVE 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 SHALL SHOP.HALLMARKBUSINESSCONNECTIONS.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.</p>
<strong>DISCLAIMER OF WARRANTIES</strong>
<p>THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
SHOP.HALLMARKBUSINESSCONNECTIONS.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
" |
|
PENDING |
docbot Bot |
| Hallmark |
"Hallmark does not provide refunds or credits if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer.
All Products or Services purchased on a non-subscription basis (individual downloads, shipped products, photo cards) or promotional offerings are non-refundable.</p>
Limitation of Liability
<p>UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL HALLMARK.COM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF HALLMARK.COM OR A HALLMARK.COM AUTHORIZED REPRESENTATIVE 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 SHALL HALLMARK.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.</p>
Disclaimer of Warranties
<p>THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HALLMARK.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
" |
|
PENDING |
docbot Bot |
| Toomics |
"4.
Coins purchased or received by a user do not generate any profit from interest.
5.
When purchasing coins, the user can choose the method of payment from the options provided by us.
6.
Due to changes in the exchange rate, the actual amount charged to the user may differ from the amount the user expects to pay to us at the time of purchase.
" |
|
PENDING |
docbot Bot |
| Media Creek |
"<br>
</p>
<p>Customer acknowledges that the service provided is by nature one that can be interrupted for many reasons other than the negligence of the company and that ascertaining damages resulting from any interruption of service are difficult to ascertain.
Therefore, Customer agrees that EmpireStreaming shall not be liable for any damages arising from such causes beyond the direct and exclusive control of EmpireStreaming.
<br>
</p>
<p>Customer further acknowledges that the liability of EmpireStreaming for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred.
" |
|
PENDING |
docbot Bot |
| InMobi |
"loss of goodwill.
or loss of, or damage to, data, even if such loss was reasonably foreseeable or InMobi had been advised or notified of the possibility of You incurring such losses. </p>
<p>11.3 The aggregate liability of InMobi for all claims arising out of or in connection with the Contract (however that liability arises) shall be limited to actual direct damages up to $1000. </p>
<p>" |
|
PENDING |
docbot Bot |
| TBS |
"For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration.
Moreover, in arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you would be in court.
</p>
<p>In addition, under certain circumstances (as explained below), we will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what we have offered you to settle the dispute.</p>
<p>
<b>ARBITRATION AGREEMENT </b>
</p>
<p>
<b>(1) Claims Subject to Arbitration:</b> TBS and you agree to arbitrate <b>all disputes and claims</b> between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners).
" |
|
PENDING |
docbot Bot |
| Hallmark |
"LIMITATION OF LIABILITY</b>
<br>NEITHER CROWN MEDIA NOR ANY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DISTRIBUTOR, AGENTS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES AND/OR MATERIALS, POSTINGS, ANY THIRD PARTY LINKED WEBSITE OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE WEBSITES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, MATERIALS, POSTINGS, PRODUCTS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITES, MATERIALS, POSTING, PRODUCTS OR LINKED WEBSITE, AS APPLICABLE.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO CROWN MEDIA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO CROWN MEDIA, IF ANY, TO ACCESS OR USE THE WEBSITES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO COMMUNICATION OF ANY KIND BETWEEN YOU AND CROWN MEDIA OR A REPRESENTATIVE OF CROWM NEDIA CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATES ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS.</p>
<p>
<b>" |
|
PENDING |
docbot Bot |
| XING |
"In such cases, XING may only be held liable up to the guarantee ceiling, for revenues capped at the amount the respective credit institution would reimburse if a claim were submitted.
The organiser bears any risk extending beyond the scope of these provisions.</p>
<p>
<strong>Terms for ticket buyers</strong>
</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| YB Media, LLC |
"NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YB MEDIA OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
YB MEDIA MAKES NO WARRANTIES WITH RESPECT TO ASPECTS OF THE SERVICE PROVIDED BY THIRD PARTIES.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
</p>
<p>Limitation of Liability</p>
<p>YB MEDIA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YB MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE AND CONTENT.
UNDER NO CIRCUMSTANCES WILL YB MEDIA’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE ONE HUNDRED DOLLARS ($100).
BECAUSE SOME JURISIDCTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>
<p>Copyright Infringement</p>
<p>If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at copyrightagent@yardbarker.com and provide our copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C.
§ 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
(ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
" |
|
PENDING |
docbot Bot |
| OnLine Taxes |
"ARISING OUT OF, INVOLVING, RELATING TO, OR CONNECTED WITH THE USE OF THE WEB SITE, THE SOFTWARE, OR THE SERVICES, BASED ON ANY CAUSE OF ACTION, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
<br>
<b>14.
LIMITATIONS OF LIABILITY</b>
<br>
<br> EXCEPT AS EXPRESSLY PROVIDED FOR IN SECTION 10, IN NO EVENT WILL ON-LINE TAXES' TOTAL LIABILITY FOR DAMAGES CONNECTED WITH, ARISING FROM, INVOLVING, OR RELATING TO THIS AGREEMENT EVER EXCEED THE PRICE YOU HAVE LAWFULLY PAID TO USE THE SERVICES AND SOFTWARE, REGARDLESS OF THE NATURE OF THE CLAIM.
" |
|
PENDING |
docbot Bot |
| Smart Survey Work |
"Liability</b> - SSW generated material is based on configurable data for which you or your company is solely responsible.
We are not responsible for the business outcomes from using the material generated by SSW.
<p>To the extent permitted by law, we will in no way be liable for any loss, damage or injury, directly or indirectly, arising as a result of your use of or reliance on SSW.
In the event that we are held liable to you, our maximum total liability will be the total amount of the service fee paid by you to us in the continuous 1 month period immediately prior to the bringing of such claim.
</p>
</li>
<li>
<b>Intellectual Property</b> - You agree that we hold the intellectual property rights (IP) on SSW and agree that you are not to share, copy or take advantage of the concepts, code or database forming SSW without prior written agreement from us.
" |
|
PENDING |
docbot Bot |
| CoolMathGames |
"INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. .
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, SHALL COOLMATH, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (COLLECTIVELY, THE “COOLMATH PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR USE OF THE COOLMATH FAMILY OF SITES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WHERE WE ARE NOT LEGALLY ENTITLED TO EXCLUDE ALL LIABILITY, OUR TOTAL LIABILITY FOR ANY LOSS OR DAMAGE RELATING TO THE COOLMATH FAMILY OF SITES SHALL NOT EXCEED AN AMOUNT EQUAL TO THE SUBSCRIPTION FEES (IF ANY) PAID BY YOU TO US.
Your sole and exclusive remedy under this Agreement is as expressly set forth herein.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.</p>
<p>" |
|
PENDING |
docbot Bot |
| SmartThings |
"CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR FAILURE OR MALFUNCTION OF ANY DEVICE CONNECTED TO THE SERVICES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SMARTTHINGS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.</p>
<p>
<em>Risk of Loss.
" |
|
PENDING |
docbot Bot |
| Magic Earth |
"and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.</p>
<p>Limitation of Liability<br>
Except where prohibited by law, in no event will Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Company has been advised of the possibility of such damages.</p>
<p>If, notwithstanding the other provisions of these Terms of Use, Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Company’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Company (but not including the purchase price for any Company hardware or software products or any support program), or (2) US$100.00.
" |
|
PENDING |
docbot Bot |
| StudyDaddy |
"SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.</b>
</p>
<p>Limitation on Liability</p>
<p>
<b>IN NO EVENT SHALL STUDYDADDY OR ANY OF ITS EMPLOYEES, AGENTS, SERVICE PROVIDERS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS AND OTHER CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, STUDYDADDY LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO STUDYDADDY IN THE SIX MONTHS, OR $350, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| MYKI |
"(ii) your inability to access or use the Service.
(iii) any conduct or content of any third-party on or related to the Service.
(iv) any content obtained from or through the Service.
and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.</p>
<p>Nothing in this Agreement excludes the liability to MYKI Inc.
for: (a) the death or personal injury caused by MYKI Inc.’s negligence.
or (b) for fraud or fraudulent misrepresentation.</p>
<p>MYKI Inc.’s total aggregate liability in contract (including in respect to the Indemnity clause) tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise arising in connection with the performance or contemplated performance of the Services shall be limited to the sum of $100.00 United States Dollars.
</p> " |
|
PENDING |
docbot Bot |
| PurpleAds |
"UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CONFIGO AND ITS AFFILIATES, OFFICERS, AGENTS, MEMBERS AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF CONFIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE.
YOU SPECIFICALLY AGREE THAT CONFIGO IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH JURISDICTIONS CONFIGO’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.</p>
<p>TO THE EXTENT PERMITTED BY LAW, CONFIGO’S TOTAL LIABILITY FOR ALL CLAIMS, DAMAGES AND LOSSES (WHETHER IN CONTRACT, TORT OR OTHERWISE), INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO, IN CASE OF AN ADVERTISER, TO THE AMOUNT PAID TO CONFIGO IN CONNECTION WITH THE SERVICE IN THE PRECEDING THREE MONTHS, AND, IN CASE OF A PUBLISHER, TO THE AMOUNT PAID BY CONFIGO TO THE PUBLISHER IN CONNECTION WITH SERVICE IN THE PRECEDING THREE MONTHS.</p>
<p>" |
|
PENDING |
docbot Bot |
| Streamtape |
"ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.</p> Limitation of Liability <p>TO THE MAXIMUM EXTENT PERMITTED BY Streamtape, Streamtape SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.</p>
<p>THE CUMULATIVE LIABILITY OF COMPANY, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT THE COMPANY DETERMINES THAT IT OWES YOU UNDER THE SECTION LABELED “PAYMENT” ABOVE.
OR (B) $100.
THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
" |
|
PENDING |
docbot Bot |
| Cookiebot |
"Unless otherwise expressed, Cybot expressly disclaims all warranties, guarantee and conditions of any kind, whether express or implied, including but not limited to any implied warranties, guarantee and conditions of merchantability, fitness for a particular purpose and non-infringement.</p>
10.
Limitation of Liability <p>In conjunction with the Disclaimer of Warranty as explained above, you expressly understand and agree that any claim against us will be limited to the amount you have paid in the previous 12 months, if any, for use of products and/or services.
" |
|
PENDING |
docbot Bot |
| NiMO TV |
"and (vi) disputes between you and another user of the Nimo TV Services. .
</p>
<p> </p>
<p>
<strong>Section 14.
Limitation of Liability</strong>
</p>
<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HUYA’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE CHARGES (IF ANY) PAID BY YOU.
IF NO AMOUNTS WERE PAID, YOU SHALL NOT BE ENTITLED TO ANY MONETARY OR EQUIVALENT REMEDY.</p>
<p> </p>
<p>" |
|
PENDING |
docbot Bot |
| Toyota |
"We are not responsible or liable for any such decision, or for the accuracy, completeness, usefulness, or availability of any content displayed, transmitted, or otherwise made available on the Sites.</p> 15.
LIMITATION OF LIABILITIES.
<p>EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE ENTIRE LIABILITY OF ANY TOYOTA ENTITY TO YOU OR ANY THIRD PERSON, AND THAT YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THESE TERMS OF USE AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE AMOUNT OF FIFTY CENTS ($0.50).
" |
|
PENDING |
docbot Bot |
| TIME |
"Neither TIME nor any other party involved in creating, producing, or delivering the Sites or Services, Content or User Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Sites or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not TIME has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed its essential purpose.
In no event will TIME’ aggregate liability arising out of or in connection with these Terms and your use of the Sites or Services, exceed the amounts you have paid to TIME in the twelve month period prior to the event giving rise to the liability, or $50USD if no such payments have been made, as applicable.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between TIME and you.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>
</ol>
<ol>
<li>
<strong> YOUR LEGAL LIABILITY</strong>
</li>
<p>" |
|
PENDING |
docbot Bot |
| IDrive |
"AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.
</p> 13.
Limitations of Liability <p>IN NO EVENT SHALL IDRIVE INC.
OR ITS AFFILIATES, AGENTS, ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR (I) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN REGARDLESS OF LEGAL THEORY, WHETHER OR NOT IDRIVE INC.
HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR ANY AMOUNTS PAID BY YOU TO IDRIVE INC.
FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.</p> 14.
Class Action Clause <p>You agree that Class Actions are not allowed and all disputes with IDrive must be resolved on an individual basis.
" |
|
PENDING |
docbot Bot |
| Jack in the Box |
"You acknowledge that you are responsible for whatever material you submit, so please think twice before pressing send, because you, not Jack in the Box have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
</p>  .
LIMITATION OF LIABILITY <p>Jack in the Box will not be liable for any damage or injury caused by any failure of performance, error, omission, delay in operation of transmission, computer virus, or line failure, or any other events you can think of.
Jack in the Box will not be liable for any damages or injury, including but not limited to, special or consequential damages that results from the use of, or the inability to use, the materials in this site.
The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
The company’s total liability to you (for all losses, damages, and causes of action, or otherwise) will not be greater than the amount you paid to access this site (nothing, right?).
The foregoing limitation on liability is not applicable to residents of New Jersey.
" |
|
PENDING |
docbot Bot |
| prettylitter |
"TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
</p>
<p> FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF THE COMPANY AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED USD$100.
</p>
<p>
<strong>Indemnification</strong>
</p>
<p> " |
|
PENDING |
docbot Bot |
| Skiff |
"DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR LOSS OF PROFIT OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES AND ANY OTHER SERVICES RENDERED HEREUNDER (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF SKIFF IS OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
SKIFFs TOTAL CUMULATIVE AND AGGREGATE LIABILITY TO YOU WILL NOT EXCEED $500.<br><br>
<strong>10.
Dispute Resolution.</strong>
<br>
<em>10.1.
" |
|
PENDING |
docbot Bot |
| Deezer |
"DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A DEEZER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SITE OR THE HIFI SERVICE.
DEEZER’s maximum liability to you for direct damages is limited to the amount you paid to DEEZER for use of the HiFi Service during the twelve-month period immediately preceding the event that gave rise to such damages.</p>
<p>You hereby agree to indemnify and hold the DEEZER Parties harmless from any and all damages, losses, costs, claims or demands (including legal fees and court costs) and expenses incurred, suffered or expended by DEEZER as a consequence of any third party’s claim relating to or arising out of: (i) your use of the Site, Application or the HiFi Service or (ii) your violation of any term or condition of these Terms of Service.</p>
Article 10 – DEEZER Digital Millennium Copyright Act Policy
<p>If you believe that content available on or through the Site or the Application or accessible via links posted on the Site or the Application infringes one or more of your copyrights, you or your agent may submit a Digital Millennium Copyright Act (“DMCA”) notification to DEEZER, as set forth in this DEEZER DMCA Policy.</p>
<p>" |
|
PENDING |
docbot Bot |
| Edpuzzle |
"OR (iii) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING OTHER USERS.IN NO EVENT WILL EDPUZZLE OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO COMPANY FOR USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| WPS Office |
"No Warranty</dt>
<dd>(1) THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND.
WPS Office disclaims all warranties and conditions, express or implied, including without limitation, merchantability, fitness for a particular purpose, non-infringement, as well as any warranties and conditions arising out of course of dealing or usage of trade.
No advice or information, whether verbal or written, obtained from WPS Office or otherwise will create or modify any warranty or condition not explicitly stated herein.</dd>
<dt>14.
Limited Liability.
Force Majeure.
Indemnity</dt>
<dd>
<strong>(1) The total liability of WPS Office to you from all causes of action hereunder will be limited to the total amounts paid to WPS Office by you for the use of the Software in the twelve (12) months prior to the act giving rise to the liability, or, in the event that WPS Office has made the Software available to you without charge, the total liabilities of WPS Office hereunder shall not exceed $100.
In no event will WPS Office or its providers be liable to you or any third party for any special, incidental, exemplary, punitive or consequential damages (including without limitation, loss of data, business, profits) or for the cost of procuring substitute products, arising out of or in connection with this Agreement or the execution or performance of the Software, whether such liability arises from any claim based on contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not WPS Office has been advised of the possibility of such loss or damage.
The foregoing limitations will survive and apply even if any limited remedy specified herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the corresponding limitation or exclusion above may not apply to you.</strong>
" |
|
PENDING |
docbot Bot |
| Bain & Company |
"DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED OR CONTAINED ON THE SITE OR OTHERWISE OBTAINED FROM OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF BAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.</p>
<p>IN NO EVENT SHALL BAIN'S OR ANY OF ITS PREDECESSORS', SUCCESSORS', PARENTS', SUBSIDIARIES', AFFILIATES', OFFICERS', DIRECTORS', SHAREHOLDERS', INVESTORS', EMPLOYEES', AGENTS', REPRESENTATIVES' AND ATTORNEYS' AND THEIR RESPECTIVE HEIRS', SUCCESSORS' AND ASSIGNS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1.
" |
|
PENDING |
docbot Bot |
| Toptal |
"9.1 <strong>Exclusion of Damages and Limitation of Liability.</strong> Toptal does not charge fees for you to access and use the Toptal Properties pursuant to this CPAA.
As consideration for your free access and use of the Toptal Properties pursuant to this CPAA, you further agree that TOPTAL WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE) ARISING OUT OF OR RELATING TO THIS CPAA, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, PLATFORM, MATCHING SERVICES, CONTENT, PROPRIETARY INFORMATION, OR ANY INTERRUPTION OR DISRUPTION OF SUCH USE, EVEN IF TOPTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE).
THE AGGREGATE LIABILITY OF TOPTAL WITH REGARD TO THIS CPAA WILL IN NO EVENT EXCEED USD$1.00.</p>
<p>9.2.
<strong>" |
|
PENDING |
docbot Bot |
| Spark Mail |
"ON AN "AS IS" BASIS.
ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY READDLE AND ITS LICENSORS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.</p> 13.
Exclusion of damages and limitation of liability <p>IN NO EVENT WILL READDLE'S AGGREGATE LIABILITY UNDER ANY CLAIMS ARISING OUT OF THIS AGREEMENT EXCEED THE FEES PAID BY SUBSCRIBER TO READDLE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE INITIAL EVENT RESULTING IN SUCH CLAIMS.
" |
|
PENDING |
docbot Bot |
| Garmin |
"IN NO EVENT WILL GARMIN OR ANY THIRD PARTIES MENTIONED AT THE GARMIN SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE GARMIN SITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GARMIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY GROSS NEGLIGENCE, PERSONAL INJURY OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE GARMIN’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT SUCH EXCLUSION OR LIMITATION IS ALLOWABLE UNDER THE APPLICABLE LAW.
In no event shall the total liability of Garmin to you for all losses and damages, including for any implied warranties, exceed the greater of fifty U.S.
dollars (US $50.00) or the total amount you paid Garmin to use any service on or feature of the Garmin Sites in the twelve months prior to the date of an initial claim made against Garmin.</p>
Links to Other Sites
<p>The Garmin Sites may contain links to third-party websites that are maintained by others.
Any such links are provided solely as a convenience to you and not as an endorsement by Garmin of the contents on such third-party websites.
Garmin is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties.
" |
|
PENDING |
docbot Bot |
| Cameyo |
"Each instance of noncompliance (e.g., each use of a digital file contrary to these Terms and Conditions) constitutes a separate instance of breach and subjects you to a payment obligation in the amount of $75,000 USD per instance of breach, as liquidated damages and not as a penalty.
" |
|
PENDING |
docbot Bot |
| Corsair |
"6.
LIMITATION OF LIABILITY</strong>
</p>
<p>IN NO EVENT SHALL CORSAIR, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SALE, EVEN IF CORSAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL CORSAIR’S AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID BY YOU FOR A PRODUCT THAT IS MOST CLOSELY RELATED TO YOUR DAMAGES.
The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations set forth above, so the above limitations or exclusions may not apply to you.</p>
<p>Without prejudice to the foregoing and to the fullest extent permitted by law, we shall have no liability to you if the Products infringe or are alleged to infringe any rights (including intellectual property rights) of any third party.</p>
<p>
<strong>7.
LICENSES &.
" |
|
PENDING |
docbot Bot |
| Koninklijke KPN N.V |
",13,Artikel 19 Article 19 ,Tarieven en vergoedingen voor dienstenRates and charges for services,19.1.
De diensten worden vergoed op basis van een 19.1.
Unless explicitly agreed otherwise, the services shall ,overeengekomen vaste prijs, tenzij uitdrukkelijk anders be paid for based on an agreed fixed price.
The price paid ,overeengekomen.
De betaling van de prijs omvat de totale shall cover the total compensation due for the services ,vergoeding voor alle verrichte diensten op basis van performed under the agreement.
" |
|
PENDING |
docbot Bot |
| DWS Remote Control |
"In no case can the Owner be held responsible for an amount greater than double the cost paid by the User.</p>
</li>
<li>Force majeure<p>The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Owner due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.</p>
<p>The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.</p>
<p>" |
|
PENDING |
docbot Bot |
| Yuka |
"Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:</p>
<p>In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.</p>
Australian UsersLimitation of liability
<p>Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right).
" |
|
PENDING |
docbot Bot |
| Rave |
"NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF THE CLIENT OR RAVE TO YOU RELATING IN ANY WAY TO THE SERVICES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE CLIENT OR RAVE FOR USE OF THE SERVICES DURING THE TERM OF MEMBERSHIP, OR (B) $100.</p>
<p>NEITHER THE CLIENT NOR RAVE IS RESPONSIBLE FOR ANY LOSS, CLAIM OR DAMAGE TO THE EXTENT RESULTING FROM INTERRUPTION, MALFUNCTION, INEFFECTIVENESS, OR UNAVAILABILITY OF THE SERVICES ATTRIBUTABLE TO ANY ACT OF GOD, FIRE, STRIKE, EMBARGO, WAR, TERRORIST ATTACK, INSURRECTION, RIOT, OR OTHER CAUSE BEYOND ITS REASONABLE CONTROL.</p>
<p>" |
|
PENDING |
docbot Bot |
| LocalBitcoins |
"You agree and accept that we assume no responsibility for the outcome thereof and in any event our liability for dispute resolution is limited to the amount of fee payable to us.
</p>
<p> " |
|
PENDING |
docbot Bot |
| Siteimprove |
"Data mentioned under Section 4(c) will only be disclosed or transferred to a third-party to the extent necessary to provide the Services.
To enable Siteimprove to provide Customer with the Included Services, and subject to these Terms, Customer hereby grants to Siteimprove a non-exclusive right to use and process data provided by Customer solely in connection with Siteimprove’s operation of the Included Services.</p>
5.
LIMITATION OF LIABILITY
<p>Each party shall only be liable for direct damages.
As such, each party shall not be liable to the other party for any indirect, special, incidental, or punitive damages caused by Customer’s use of the Included Services, including, but not limited to, loss of data, loss of business or any other loss arising out of or resulting from a party’s performance under these Terms, even if it has been advised of the possibility of such damages.
Except where excluded by applicable law, a party’s cumulative liability under these Terms shall not exceed the amount of the Fee.
However, in no event shall a party be able to claim a limitation on its liability in the event of.
i) non-compliance with obligations concerning personal data.
ii) any third-party IP infringement claim, unless such claim is based on a party’s wrongful or illegitimate use of the Included Services.
or iii) gross negligence or willful misconduct.</p>
6.
REPRESENTATIONS AND WARRANTIES
<p>
<strong>a.
For Siteimprove.</strong> " |
|
PENDING |
docbot Bot |
| AV-TEST |
"The right to enforce damage claims within the framework of Paragraph 9 remains unaffected.</p>9 Liability<p>
<strong>9.1</strong> .
Subject to the regulation in Paragraph 9.2 AV-TEST is liable for damages due to any legal basis for amounts corresponding to the following provisions:</p>
<p>
<strong>a.</strong> Liability of AV-TEST for damages which are caused by AV-TEST intentionally or by gross negligence shall be unlimited by their amounts;</p>
<p>
<strong>b.</strong> AV-TEST shall bear limited liability as to the amount in case of foreseeable, typical damages occurring due to violation of essential duties under contractual obligations (cardinal obligations) by slight negligence.
" |
|
PENDING |
docbot Bot |
| Sucuri |
"IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.</p>
<p>IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL COMPANY’S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S.
DOLLARS.</p>
<p>THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT " |
|
PENDING |
docbot Bot |
| Classmates |
"YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.</p>11.
LIMITATIONS OF LIABILITY<p>YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR SOLE RISK.
WE, OUR PARENTS, SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICES.
IN ADDITION, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRIOR TO THE DATE ON WHICH YOUR CLAIM AROSE.
THE FOREGOING LIMITATIONS OF LIABILITY ARE PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (INCLUDING WITHOUT LIMITATION WARRANTY, TORT, NEGLIGENCE, CONTRACT OR STRICT LIABILITY), EVEN IF WE HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE AND EVEN IF THE AVAILABLE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
" |
|
PENDING |
docbot Bot |
| SoftOrbits |
"NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL SoftOrbits OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF SoftOrbits HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL SoftOrbits LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.</p>
<p>
9.
GENERAL PROVISION.
" |
|
PENDING |
docbot Bot |
| CuriosityStream |
"Accordingly, CS assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites.</p>
<p>YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH CS IS TO DISCONTINUE YOUR USE OF THE SITES OR ANY SERVICE OFFERED BY CS.
IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.</p>
<p>NOTE THAT THIS SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.</p>9.
Passwords<p>Certain parts of the Sites may require a password to enter.
" |
|
PENDING |
docbot Bot |
| Tutor.com |
"RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES, OR THE COMPANY CONTENT, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
</p>
<p> (b) IN NO EVENT WILL THE PROTECTED ENTITIES 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 OR SERVICES.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) ARISING FROM THESE TERMS OR YOUR USE OF THE SITE, THE SERVICES, OR THE COMPANY CONTENT EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR THE SERVICES IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM.
</p>
<p>  .
</p>
<p>
<b> 12.
 .
</b>
<b>" |
|
PENDING |
docbot Bot |
| FactPros |
"In no event will FactPros,
or its suppliers
or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence,
strict liability or other legal or equitable theory for: (i) any special, incidental or consequential
damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or
loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you
to FactPros under this agreement during
the twelve (12) month period prior to the cause of
action.
" |
|
PENDING |
docbot Bot |
| Top GG |
"(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL DBOTS'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED EURO (€100).
9.
Dispute Resolution For any dispute you have with Dbots, you agree to first contact us and attempt to resolve the dispute with us informally.
If Dbots has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms under the exclusive jurisdiction of the Courts in Amsterdam, The Netherlands.
" |
|
PENDING |
docbot Bot |
| BrowserStack |
"Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.<br>BrowserStack may change the fees in effect or add new fees and charges from time to time.
Furthermore, notwithstanding any other provision contained herein (but subject to any applicable law), at the time of any renewal of a subscription, Customer agrees that BrowserStack may increase Customer’s recurring fees up to the greater of (i) the then list price as publicly marketed on our website, or (ii) five percent (5%).
" |
|
PENDING |
docbot Bot |
| Wakelet |
"“DAMAGES” INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, (SUBJECT TO THE ABOVE) 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, 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.</p>
<p>WHERE YOU ARE USING OR ACCESSING WAKELET AS A BUSINESS USER, YOU AGREE THAT, SUBJECT TO THE ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF WAKELET AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, OR FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (US$50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).</p>
<p>WHERE YOU ARE USING OR ACCESSING WAKELET " |
|
PENDING |
docbot Bot |
| Segment (Twilio) |
"If any deduction or withholding is required by law, Customer shall notify Segment and shall pay Segment any additional amounts necessary to ensure that the net amount that Segment receives, after any deduction and withholding, equals the amount Segment would have received if no deduction or withholding had been required.</p>
<p>
<b>6.3.
Overages</b>.
" |
|
PENDING |
docbot Bot |
| Tutor.com |
"RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.</p>
<p>(b) IN NO EVENT WILL THE PROTECTED ENTITIES 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.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM.</p>
<p>
<b>14.
APPLICABLE LAWS AND ARBITRATION.</b>
<br> We control and operate the Site from our offices in the United States of America.
We do not represent that materials on the Site are appropriate for use in other locations.
Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
" |
|
PENDING |
docbot Bot |
| Wingify |
"Customer will make timely payment of all such taxes, duties, or government levies related to this Agreement.</li>
</ol>
<b>11.
Limitation</b>
<b>of</b>
<b>Liability</b>
<ol>
<li>Wingify and .
its subsidiaries, affiliates, officers, employees, agents, partners, vendors, and licensors shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to damages for lost profits, business interruption, loss of programs or information, loss of data, violation of data protection law and the like, that result from the use or inability to use the Service or from mistakes, omissions, interruptions, deletion of files or directories, errors, defects, delays in operation, or transmission, regardless of whether Wingify has been advised of such damages or their possibility.</li>
<li>Notwithstanding anything to the contrary in this Agreement, Wingify’s aggregate liability under or in connection with the Agreement, whether arising from contract, negligence, tort, data protection law or otherwise, shall in any event not exceed the amount paid by Customer under the Agreement in preceding 12 calendar months.</li>
</ol>
<b>12.
Confidentiality</b>
<ol>
<li>Wingify will not use any of Customer’s Confidential Information except in connection with the performance of the Services or the exercise of its rights under this Agreement and will take all reasonable precautions to maintain the confidentiality of Customer’s Confidential Information and to prevent the unauthorized disclosure to others of the Confidential Information.
" |
|
PENDING |
docbot Bot |
| Sanebox Inc |
"YOU ACKNOWLEDGE AND AGREE THAT SANEBOX WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES.</p>
<p>IN NO EVENT WILL SANEBOX’S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED THE AMOUNT ACTUALLY PAID FOR SUCH SERVICES DURING THE SIX (6) MONTHS PRECEDING THE DATE THE CIRCUMSTANCES GIVING RISE TO SUCH DAMAGE FIRST AROSE.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SANEBOX AND YOU.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>Severability<p>In the event that any provision of these TOS is held to be invalid or unenforceable, the remaining provisions of the TOS will remain in full force and affect.</p>" |
|
PENDING |
docbot Bot |
| Clue |
"In the case of a contract for the provision of services, the following applies: If you have requested that the services be commenced during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of this contract compared to the total scope of the services provided for in the contract.
" |
|
PENDING |
docbot Bot |
| ipinfo.io |
"THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.</p>
<p>THE LIMITATIONS ON IPINFO’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT IPINFO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.</p>
<p>SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL IPINFO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, " |
|
PENDING |
docbot Bot |
| Simply Earth |
"We may terminate your membership, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful to our business interests, or for an inactive account.
Limitation of Liability
IN NO EVENT SHALL Simply Earth OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE Simply Earth'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO Simply Earth IN THE THEN-PRIOR CALENDAR MONTH.
" |
|
PENDING |
docbot Bot |
| FamilySearch |
"Any action you bring to enforce this Agreement or any matters related to this site shall be brought in either the state or federal courts located in Salt Lake County, Utah, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
You agree to this regardless of your location or any inconvenience to you.
If any provision of this Agreement is unlawful, void, or unenforceable in whole or in part, the remaining provisions shall not be affected, unless we determine that the invalid or unenforceable provision is an essential term to this Agreement, in which case we may at our sole discretion amend this Agreement.</p> Limitations of Liability <p>We are not liable for any special or consequential damages resulting from your use of, or your inability to use, this site or the materials in this site or any linked site, including, but not limited to, lost profits, business interruption, and loss of programs or other data on your information handling system.
In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this site or any linked site.</p> Disclaimers <p>THIS SITE AND THE MATERIALS AT THIS SITE AND ANY LINKED SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
" |
|
PENDING |
docbot Bot |
| NameBright |
"Registrar has the right to terminate any promotion for any reason and without notice.</p>
<p>
</p>
<p>
</p>
<p>34.<strong>Maximum Liability</strong>.
By using NameBright you acknowledge and agree that under no circumstances whatsoever will NameBright be liable to any customer in any way for an amount greater than the lesser of a.) the total amounts paid to NameBright for services rendered, or b.) $1,000 United States Dollars.
You agree that any liability will be strictly capped at $1,000 USD.</p>
<p>
</p>
<p>
</p>
<p>35.<strong>Accuracy of Written Material</strong>.
" |
|
PENDING |
docbot Bot |
| iPromote |
"DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IRPOMOTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE.
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.</p>
<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIME BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000.
" |
|
PENDING |
docbot Bot |
| VimCal |
"LIMITATION OF LIABILITY</strong>INNO EVENT WILL COMPANY BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL,INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES.
(b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS;(c) LOSS OF GOODWILL OR REPUTATION.
(d) USE, INABILITY TO USE, LOSS,INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY.
OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ORSUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.NOTWITHSTANDING ANYTHING CONTRARY IN THESE TERMS, COMPANY’S (AND COMPANY’S AFFILIATES’)LIABILITY TO CUSTOMER FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS(UNDER ANY LEGAL THEORY, CAUSE, OR GROUND, WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO THE AGGREGATE AMOUNT COMPANY HAS ACTUALLY RECEIVED FROM YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GIVES RIGHT TO THE LIABILITY, OR FIFTY US DOLLARS ($50), WHICHEVER IS GREATER, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, COMPANY MAY, AT ITS OPTION, INSTEAD DECIDE TO RE-PERFORM THE SERVICES WHICH ARE PERFORMED THROUGH VIMCAL.
THIS LIMIT SHALL REMAIN IN EFFECT EVEN IF THERE IS MORE THAN ONE CLAIM.
" |
|
PENDING |
docbot Bot |
| Gather Town |
"OF LIABILITY,NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE RESPONSIBLE OR LIABLE,WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED,THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE,THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF,DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF,BUSINESS OR PROFITS.
(B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL,DAMAGES, EVEN IF THE OTHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
(C),FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL.
OR (D) EXCEPT FOR SECTIONS 2.4 AND,6.2, FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,,EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO GATHER FOR THE APPLICABLE SERVICES UNDER,THIS AGREEMENT OR RELATING TO ANY SUBJECT MATTER OF THIS AGREEMENT IN THE 12 MONTHS,PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE,POSSIBILITY OF ANY OF THE FOREGOING TYPES OF LOSSES OR DAMAGES.
" |
|
PENDING |
docbot Bot |
| Aquatis |
"In no case shall aquatis.host, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.</p>
<p>Our Liability for damages to your hosting service is the amount you paid for in full.
" |
|
PENDING |
docbot Bot |
| 2FAS |
"All other warranties, including warranties of merchantability and fitness for a particular purpose, are expressly excluded from this warranty.
Your sole and exclusive remedy for any cause of action arising out of any defective software or breach of this Agreement is limited to us providing conforming 2FAS Service within five (5) days of your notice to us of non-conforming 2FAS Service or your ability to cancel the 2FAS Service at no charge and with a pro-rata refund of any pre-paid fees for the dates of non-conforming 2FAS Service.
Under no circumstances will we be liable for any indirect, special, incidental, or consequential damages or loss, including but not limited to loss of profits, loss of use, or loss of data, whether caused by breach of contract, negligence, or otherwise.
Under no circumstances will our liability under this Agreement exceed the amount paid by you to us in the proceeding twelve (12) months.
If your jurisdiction does not allow such limitations, the permissible limitations shall apply.</li>
<li>Limitation of liability<ol>
<li>Neither you nor we will be liable to each other for any indirect, special, incidental, or consequential damages or loss, including but not limited to loss of profits, loss of use, or loss of data, whether caused by breach of contract, negligence, or otherwise.
Under no circumstances will our liability under this Agreement exceed the amount paid by you to us in the proceeding twelve (12) months.
" |
|
PENDING |
docbot Bot |
| Tesla |
"Conditions).<br>
<br>In addition, neither we, any Tesla entity nor our Service Partners are liable (1) for our inability to contact any service partner or other party in any particular situation (including any emergency personnel), (2) for any act or omission of any other company furnishing a part of our Service or any equipment provided for such Service, (3) for errors or omissions of any vendors, dealers or manufacturers participating in offers made through us, or (4) for any damages that result from or arise out of the use, installation, repair or maintenance by you (or by any person you authorize) of the Service, or any product or service provided by or manufactured by third parties.<br>
<br>IF WE, ANY TESLA ENTITY AND/OR ANY OF OUR SERVICE PARTNERS ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF US, ANY TESLA ENTITY AND OUR SERVICE PARTNERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED UNDER THESE TERMS OF SERVICE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE SERVICE RATES CHARGED TO YOU FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICE DURING WHICH ANY RESULTING DAMAGES OCCURRED.
" |
|
PENDING |
docbot Bot |
| Reliance Jio |
"Indemnity
<p>You agree to indemnify us, our Affiliates or and other persons involved in the creation of this Website for all damages, losses and costs (including legal costs) which arise out of or relate to your use of this Website or any acts committed by you in violation of applicable laws and this Agreement.
This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breach of this Agreement.</p> Limitation of Liability
<p>In no event Reliance including affiliates and their respective owners, directors, officers, agents, shareholders and partners shall be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from the use or inability to use the Website whether based on warranty, contract, tort or in any other means or action.</p>
<p>Reliance including affiliates and their respective owners, directors, officers, agents, shareholders and partners aggregate and total liability (whether in contract, tort, negligence, under an indemnity, or by statute or otherwise) shall not exceed INR 5,000/- (Rupees Five Thousand) or the last payment made by the user.
whichever is lesser, subject to applicable law and awarded by the competent court.</p> " |
|
PENDING |
docbot Bot |
| 4K Video Downloader |
"YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE APPLICATION OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE APPLICATION.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE APPLICATION EXCEED $100.</li>
<li>All of the above disclaimers of warranties and limitations of liabilities shall be deemed to apply to our parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, subsidiaries, successors and assigns as well.</li>
</ul> 14.
" |
|
PENDING |
docbot Bot |
| 4K Video Downloader |
"FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED.
IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.</p> 10.
Limitations of Liability <p>TWE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL 4KDOWNLOAD.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.</p>
<p>" |
|
PENDING |
docbot Bot |
| TP-Link |
"THE TP-LINK GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE TP-LINK GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE. <br>
<br>
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.</p>
<p>
<strong>Limitation of Liability</strong>
</p>
<p>TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TP-LINK BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR FAILURE OR MALFUNCTION OF ANY DEVICE CONNECTED TO THE SERVICES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO TP-LINK IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) " |
|
PENDING |
docbot Bot |
| Bytemark |
"Such consent not to be unreasonably withheld.</p>
<p>8.2 In the event of our giving consent you will thereupon be immediately liable to pay us in the case of cancellation, a fee equal to the sum of the price payable pro-rata for the unexpired term of the service under clause 6 above and such amounts as may be necessary to indemnify us from and against any and all expenses and other losses arising out of, and all charges incurred by us in connection with, the cancellation or variation.</p>
<ol>
<li>TERMINATION</li>
" |
|
PENDING |
docbot Bot |
| TP-Link |
"THE TP-LINK GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE TP-LINK GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE. <br>
<br>
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.</p>
<p>
<strong>Limitation of Liability</strong>
</p>
<p>TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TP-LINK BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR FAILURE OR MALFUNCTION OF ANY DEVICE CONNECTED TO THE SERVICES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO TP-LINK IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) " |
|
PENDING |
docbot Bot |
| AppointmentThing |
"AddEvent shall not be held liable for any such decisions or claims.</li>
<li>
<strong>Damage and losses.</strong> In no event shall AddEvent's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for using the Service during the 12 months preceding the event causing the loss.</li>
</ol>
</li>
<li>Indemnification <ol>
<li>
<strong>Indemnification.</strong> " |
|
PENDING |
docbot Bot |
| Beatstars |
"</ol>
<p>
<strong>The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if BeatStars Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).</strong>
</p>
<p>
<strong>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.</strong>
</p>
<p>
<strong>EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BEATSTARS PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID BEATSTARS TO ACCESS THE SERVICE OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.</strong>
</p>
</li>
<li>
<p>
<strong> Updates to Terms</strong>
</p>
" |
|
PENDING |
docbot Bot |
| Ubiquiti |
"Except as otherwise set forth herein, if You are required to pay a filing fee to commence arbitration against Ubiquiti, then Ubiquiti will, within ten (10) business days of receipt of Your confirmed payment of the filing fee, reimburse You for the amount of Your confirmed payment of the filing fee that exceeds the amount of any fees You would be required to pay if the Demand were filed in federal court in the Southern District of New York.
</li>
<li> Arbitration Proceeding.
The arbitration will be conducted in English and a translator may be utilized as the expense of the party requiring the translation services.
" |
|
PENDING |
docbot Bot |
| DEPRECATED #70 |
"ORACLE WILL NOT BE RESPONSIBLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCURRED BY YOU OR YOUR BUSINESS.
ORACLE’S AGGREGATE LIABILITY FOR ANY CLAIMS UNDER THESE TERMS IS LIMITED TO $1,000.
ORACLE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT ARE NOT REASONABLY FORESEEABLE.</p>
<p>
<b>2.6 Export Control Laws.</b> " |
|
PENDING |
docbot Bot |
| DEPRECATED #70 |
"WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ORACLE’S ENTIRE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S.
$1,000).
</p> No Technical Support <p> Unless expressly included in a separate, current support agreement between You and Oracle, Oracle’s technical support organization will not provide technical support, phone support to You for the Programs provided under this Agreement.
</p> " |
|
PENDING |
docbot Bot |
| Scroll |
"If the arbitrator issues you an award that is greater than the value of Scroll’s last written settlement offer made before an arbitrator was selected (or if Scroll did not make a settlement offer before an arbitrator was selected), then Scroll will pay you the amount of the award or US$5,000, whichever is greater.
" |
|
PENDING |
docbot Bot |
| CanadaHelps |
"(iii) CLAIMS OF THIRD PARTIES.
OR (iv) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS POLICY, THE WEBSITE OR ANY LINKED SITE.
IN NO EVENT WILL THE CUMULATIVE LIABILITY OF CANADAHELPS, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARISING OUT OF OR RELATED TO THIS POLICY EXCEED CDN $100.
TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>
<b>Scope of Limitations and Disclaimers.</b> " |
|
PENDING |
docbot Bot |
| Food Lion |
"ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
FOOD LION MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS OR LINKS.</p>
<p>
<strong>24.
LIMITATION OF LIABILITY</strong>
</p>
<p>EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL FOOD LION BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OR INABILITY TO USE ANY PART OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FOOD LION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL FOOD LION’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED THE GREATER OF: (i) THE TOTAL PURCHASE PRICE OF THE RELEVANT ORDER, IF APPLICABLE.
OR (ii) ONE HUNDRED DOLLARS ($100).</p>
<p>THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THIS SECTION, IN WHICH CASE FOOD LION’S LIABILITY FOR DAMAGES IN CONNECTION WITH THESE TERMS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWs OF SUCH JURISDICTION.</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Dropout |
"(II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND A PRODUCER OR OTHER VIMEO USER.
OR (III) DAMAGES EXCEEDING THE GREATER OF USD $100 OR THE AMOUNTS PAID BY YOU TO VIMEO OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM.The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Vimeo (or a Producer) has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose.
" |
|
PENDING |
docbot Bot |
| Aerux Broadband |
"Aerux Broadband entire liability and user’s exclusive remedy in case of breach of this warranty shall be, at Aerux Broadband, either return of all or a portion of the service fees paid for length of service disruption, or replacement or repair of connection services or products.
" |
|
PENDING |
docbot Bot |
| The Information |
"AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF
ANY THIRD PARTY.
IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS,
DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY
CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS
IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER OR
$100.00, WHICHEVER IS GREATER.</p>
<p>THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
" |
|
PENDING |
docbot Bot |
| Speedify |
"TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOLE, EXCLUSIVE, AND MAXIMUM LIABILITY OF CONNECTIFY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE AMOUNT PAID FOR SERVICES THAT YOU HAVE PURCHASED THROUGH THE WEB SITE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.</p>
<ol>
<li>
<b>Limitation on Claims</b>
</li>
</ol>
<p>Where permitted by law, you and Connectify agree that any cause of action arising out of or related to the Service must be commenced within one (1) year after it accrues, or it is permanently barred.
Connectify’s total, cumulative liability to you for any damages arising out of or related to the Service shall be limited to the greater of the following amounts: (i) one-hundred dollars ($100).
or (ii) the amount you paid Connectify for your use of the Service.</p>
<ol>
<li>
<b>
</b>
<b>Intellectual Property Notices</b>
</li>
</ol>
<p>Portions of the Service are covered by pending U.S.
patent applications and pending trademark applications.
All rights reserved.
The trade names, trademarks, and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.
" |
|
PENDING |
docbot Bot |
| Wysa |
"To the maximum extent permitted by applicable law, in no event shall Wysa, its affiliates,
agents, directors, employees, suppliers or licensors be liable for any direct, indirect,
punitive, incidental, special, consequential or exemplary damages or injury or losses
arising out of or in connection with the Services.
The aggregate liability of Touchkin shall
be limited to the subscription fee paid by You for a period of six (6) months for the
Services.</p>
<p>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Topaz Labs |
"Under no circumstances, including, but not limited to, negligence, shall Topaz Labs be liable for any special or consequential damages that result from the use of, or the inability to use, site or any downloaded materials, even if Topaz Labs or its representative has been advised of the possibility of such damages.
In no event shall Topaz Labs’ total liability to you from all damages, losses, and causes of action (whether in contract, or otherwise) exceed the amount you paid to Topaz Labs, if any, for products purchased on this site.</p>
<p>Applicable law may not allow the exclusion of implied warranties, or the above limitations of liability, so the above exclusions may not apply to you.</p> " |
|
PENDING |
docbot Bot |
| Guest Reservations |
"AAA rules shall determine payment of arbitration fees, provided that if the value of the relief you seek through your Claim(s) is collectively less than $7,500, Travel Agent will pay the initial arbitration filing fees above $250 associated with the arbitration at your written request.
Any request for payment of fees must be submitted by mail to the AAA with the Demand for Arbitration.
" |
|
PENDING |
docbot Bot |
| peerStream |
"DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING LIFESTREAMER CONTENT) ON THE PEER-STREAM PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH PEER-STREAM, EVEN IF PEER-STREAM OR AN PEER-STREAM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>15.2 Limitation of Damages.<p>IN NO EVENT WILL PEER-STREAM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PEER-STREAM PLATFORM OR YOUR INTERACTION WITH OTHER PEER-STREAM PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PEER-STREAM PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.</p>15.3 Reference Sites.<p>THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN PEER-STREAM AND RECEIVED THROUGH OR ADVERTISED ON THE PEER-STREAM PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.</p>15.4 Basis of the Bargain.<p>" |
|
PENDING |
docbot Bot |
| SpanishDict |
"OR FOR (B) ANY INJURY CAUSED BY A SPANISHDICT PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.<strong>11.2 Cap on Liability.</strong> TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL SPANISHDICT PARTIES BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED U.S.
DOLLARS ($100).
THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SPANISHDICT PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SPANISHDICT PARTY’S NEGLIGENCE.
" |
|
PENDING |
docbot Bot |
| Hearst |
"The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA“), as modified by this section.
For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Hearst must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions.
and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following locations: San Francisco, CA, Denver, CO, or New York, NY.
The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction.
In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York.
Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.</p>
<ul>
</ul> 24.
" |
|
PENDING |
docbot Bot |
| ToteScan |
"<br>
<br>
17.  .
LIMITATION OF LIABILITY <br>  .
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL JAMPAQ, ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF JAMPAQ HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF JAMPAQ AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF: (A) ONE AND A HALF (1.5) TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR THAT SERVICE.
" |
|
PENDING |
docbot Bot |
| SchoolPointe |
"SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).</p>
<p>THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION" |
|
PENDING |
docbot Bot |
| Spotify |
"PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SPOTIFY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SPOTIFY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SPOTIFY DURING THE PRIOR TWELVE MONTHS IN QUESTION.</p>
<p>Nothing in the Agreements removes or limits Spotify's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.</p>
<p>YOU AGREE THAT ANY CLAIM AGAINST SPOTIFY MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (24.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (24.2.2) " |
|
PENDING |
docbot Bot |
| Atlanta Journal Constitution |
"WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THIS SERVICE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.</p>
<p>
<b>LIMITATIONS OF LIABILITY</b>
</p>
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, SERVICE PROVIDERS OR OUR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS SERVICE OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
(BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.
LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED IN ACCORDANCE WITH THE PRECEDING SENTENCE EVEN IF ANY REMEDY PROVIDED FOR IN THIS VISITOR AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
<p>
<b>" |
|
PENDING |
docbot Bot |
| Visible |
"OR IF WE DON'T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD OF THE AMOUNT AWARDED.
IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS' FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE.
" |
|
PENDING |
docbot Bot |
| Crystal Flush |
"If the arbitrator issues you an award that is greater than the value of Century Biotics’s last written settlement offer made before an arbitrator was selected (or if Century Biotics did not make a settlement offer before an arbitrator was selected), then Century Biotics will pay you the amount of the award or US $1,000, whichever is greater.
" |
|
PENDING |
docbot Bot |
| Movies! |
"NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, IN NO EVENT SHALL MOVIES! TV NETWORK'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.</li>
<li>
<strong>Indemnification.</strong> " |
|
PENDING |
docbot Bot |
| Powtoon |
"Except as required by law or otherwise provided below, to the extent that access to the Services are provided to you free-of-charge, Powtoon shall not be liable to you for any loss whatsoever.</p>
<p>If you are a Paying User, liability for direct damages shall be limited to the Subscription Fees paid to Powtoon, but in no event more than US$500.</p>
<p>" |
|
PENDING |
docbot Bot |
| IP Find |
"To the full extent permitted by law, IP Find excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this Agreement.</p>
<p>IP Find’s total aggregate liability for all claims relating to this Agreement is limited to the Fees payable under this Agreement.</p>
<p>Either party’s liability for any claim relating to this Agreement will be reduced to the extent to which the other party contributed to the damage arising from the claim.</p>
<p>This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.
" |
|
PENDING |
docbot Bot |
| Paxful |
"IN NO EVENT SHALL PAXFUL, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVISORS, CONSULTANTS OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF TOTAL FEES PAID BY YOU FOR THE SERVICE THAT IS SUBJECT OF THE CAUSE OF ACTION IN THE TWELVE (12) MONTHS PRIOR TO THE LOSS ARISING OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PAXFUL HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF PAXFUL’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</li>
<li>We do not own or control the underlying software protocols which govern the operation of Digital Assets.
" |
|
PENDING |
docbot Bot |
| GamerHash |
"The provisions of point 7 hereinabove, the penultimate and last sentence are applicable.
</li>
<li>The Bitcoin cryptocurrency exchange rate, according to which its value in American dollars (USD) is set, determinates its average exchange rate displayed on the Portal and in the E-shop.
</li>
<li>For each exchange of Cryptocurrencies into Bitcoin cryptocurrencies, CoinAxe charges a fee of 2% to 7% of the exchange value, depending on the amount of Cryptocurrency converted into Bitcoin mined by the User in the last 30 days.
" |
|
PENDING |
docbot Bot |
| Paxful |
"IN NO EVENT SHALL PAXFUL, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVISORS, CONSULTANTS OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF TOTAL FEES PAID BY YOU FOR THE SERVICE THAT IS SUBJECT OF THE CAUSE OF ACTION IN THE TWELVE (12) MONTHS PRIOR TO THE LOSS ARISING OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PAXFUL HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF PAXFUL'S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
</p>
" |
|
PENDING |
docbot Bot |
| The Hoefler Type Foundry |
"<br>
<br>
<strong>H&Co will not be liable for any damages of any kind arising from the use of this Website or from any information, content, materials, products (including software), and services included on or otherwise made available to you through this Website, including, but not limited to, direct, indirect, incidental, punitive and consequential damages, including any lost profits or lost savings, loss of goodwill, business interruption, work stoppage, loss of data, computer failure, damage or malfunction, or for any claim by any party, even if H&Co has been apprised of the possibility of such damages, and regardless of the theory upon which such claim is based (including contract tort, strict liability, negligence or otherwise), unless otherwise specified in writing.
Your sole and exclusive remedy for any dispute with H&Co is the cancellation of your account.
H&Co’s total cumulative liability for all claims related to your use of this Website and all information, content, materials, products (including software), and services included on or otherwise made available to you through this Website will not exceed $100.00.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.
If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
" |
|
PENDING |
docbot Bot |
| Box |
"ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF BOX HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>THE AGGREGATE LIABILITY OF BOX AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF: (A) ONE AND A HALF (1.5) TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR THAT SERVICE.
" |
|
PENDING |
docbot Bot |
| Optimum |
"ALTICE AND ITS SUPPLIERS HEREBY SPECIFICALLY DISCLAIM ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY.</p>
<p>
<strong>LIMITATION OF LIABILITY</strong>
<br>
Without limiting the above disclaimer and any limitation of liability terms in the Optimum Terms or Suddenlink Terms and TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ALTICE, ITS LICENSORS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO COST OF COVER, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUINARY LOSS ARISING FROM THE USE OF (OR INABILITY TO USE) THE DEVICE, NO MATTER HOW CAUSED AND ON ANY THEORY OF LIABILITY.</p>
<p>Unless otherwise provided by Altice or otherwise required by applicable law, in no event will Altice or our licensors' or third party service providers’ aggregate liability for any claim arising from or relating to these Terms or use of the Device or Set-Up App exceed FIVE THOUSAND DOLLARS ($5,000.00).</p>
<p>" |
|
PENDING |
docbot Bot |
| Rise Broadband |
"AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM RISE BROADBAND OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.</p>
LIMITATION OF LIABILITY
<p>RISE BROADBAND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF RISE BROADBAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY, RISE BROADBAND’ S MAXIMUM LIABILITY TO CUSTOMER ARISING FROM OR RELATED TO RISE BROADBAND PROVIDING THE SERVICES UNDER THESE SERVICE TERMS SHALL BE LIMITED TO THE SUMS PAID BY CUSTOMER TO RISE BROADBAND FOR THE SERVICES DURING THE THREE MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION AROSE.</p>
" |
|
PENDING |
docbot Bot |
| Rev |
"NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY:</p>
<ol>
<li>REV’S LIABILITY ARISING FROM (i) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (ii) FRAUDULENT MISREPRESENTATION, OR (iii) ANY OTHER LOSS OR DAMAGES FOR WHICH SUCH LIMITATION IS EXPRESSLY PROHIBITED BY APPLICABLE LAW, SHALL BE UNLIMITED.</li>
<li>
<p>SUBJECT TO SECTION 3(a), THE MAXIMUM AGGREGATE MONETARY LIABILITY OF REV AND ANY OF ITS REPRESENTATIVES IN CONNECTION WITH THIS AGREEMENT UNDER ANY THEORY OF LAW SHALL NOT EXCEED ACTUAL DAMAGES INCURRED UP TO THE GREATER OF:</p>
<ol>
<li>AN AMOUNT EQUAL TO SIX TIMES THE FEES PAYABLE BY CUSTOMER FOR THE USE OF THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM IN THE FIRST MONTH IN WHICH FEES ARE CHARGED UNDER THIS AGREEMENT, OR</li>
<li>THE TOTAL AMOUNT PAID BY CUSTOMER TO REV FOR THE USE OF THE PLATFORM OR SERVICES THAT ARE THE SUBJECT OF THE CLAIM IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT(S) THAT FIRST GAVE RISE TO THE CLAIM.</li>
</ol>
</li>
<li>THE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS (EACH, A “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, " |
|
PENDING |
docbot Bot |
| SitePoint |
"In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.</p>
<p>In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service.
It is your sole responsibility to ensure the accuracy of the data inputted.</p>
<p>You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
You must not assign or otherwise dispose of your account to any other person.</p>
<p>Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.</p>Disclaimer<p>Your use of the Service is at your sole risk.
" |
|
PENDING |
docbot Bot |
| Rise Broadband |
"This exclusion includes, but is not limited to, any implied warranties of merchantability, fitness of services or equipment for a particular purpose, or non-infringement of any third party rights.
Additional warranty limitations that relate to specific products will be set forth in applicable Supplemental Product Terms and Conditions or tariffs.</p>
<p>3.2 Limitations on Liability</p>
<p>3.2.1 Direct Damages: Even if advised of the possibility of losses or damages, Company shall not be liable, except as set forth herein, for any losses or damages resulting from: (a) its provisioning of Service to Customer.
(b) any act or omission of Customer, those using the Customer’s Service or third party entities furnishing products used in connection with Service.
or (c) the loss or destruction of Customer data resulting from the use of Service.
Company shall be liable to Customer for any property damage to Customer premises caused by its gross negligence or willful misconduct but in no event shall Company’s liability be greater than an amount equal to the sum of the payments made by Customer to Company during the three months immediately preceding the event for which losses or damages are claimed.
" |
|
PENDING |
docbot Bot |
| Rise Broadband |
"BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE RISE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH RISE’s SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES.</p>
<p>7.2.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE RISE ENTITIES FOR DAMAGES SHALL BE LIMITED TO THE LESSER OF (A) THE AMOUNT ACTUALLY PAID TO RISE BY YOU UNDER THIS AGREEMENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED OR (B) THE SUM OF ONE HUNDRED (US$100.00) US DOLLARS.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
" |
|
PENDING |
docbot Bot |
| Rise Broadband |
"OR ANY OTHER CAUSE THAT IS BEYOND RISE’s CONTROL, INCLUDING, WITHOUT LIMITATION, A FAILURE OF OR DEFECT IN ANY DEVICE, THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS (INCLUDING, WITHOUT LIMITATION, 911 DIALING) TO BE CONNECTED OR COMPLETED, OR FORWARDED.
RISES AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.</p>
<p>IN NO EVENT SHALL RISE’s AGGREGATE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS PAID BY USER FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO A CLAIM.
NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS MAY NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY, AND RISE LIMITS ITS LIABILITY IN SUCH JURISDICTIONS ONLY TO THE DEGREE ALLOWED BY APPLICABLE LAWS.
" |
|
PENDING |
docbot Bot |
| Optimum |
"The date of the dispute shall be the date Altice receives sufficient documentation to enable Altice to investigate the dispute.
The date of the resolution is the date Altice completes its investigation and notifies the Subscriber of the disposition of the dispute.
</p>
<p>
<strong>
</strong>
</p>
<p>
<strong>
</strong> 9.
<strong>Adjustments or Refunds.</strong> Any adjustment or refund, given in each case at Altice's sole discretion, will be accomplished by a credit on a subsequent bill for Service, unless otherwise required by applicable law.
Except as otherwise expressly provided in this Agreement, the liability of Altice, its officers, shareholders, directors, employees, affiliates, vendors, carrier partners, content providers and other persons or entities involved in providing the Services or Equipment (collectively, the "Altice Parties") for damages shall in no event, by reason of any delays, interruptions, omissions, errors, failures or defects in installation or service, exceed an amount equal to the Subscriber's Service charges and associated Equipment fees for a regular billing period ("Maximum Credit").
" |
|
PENDING |
docbot Bot |
| Optimum |
"and</p>
<p>2.
Subscriber in good standing with the Hosted Voice service for ninety (90) or more consecutive days have a Calling Limit of Three Hundred and Fifty Dollars ($350) per Usage Cycle.</p>
<p>b.
Subscriber may create a "Calling Limit" whereby Subscriber sets a maximum aggregate amount of fees for Hosted Voice International Calling that can be accrued during a Usage Cycle which amount is lower than the Calling Limit imposed by Altice.
" |
|
PENDING |
docbot Bot |
| CoinGecko |
"You should only enter into any transaction after due and careful consideration, understanding the risks, and having considered whether you are able to bear such risks of losses.
It is therefore in your total and sole discretion as to whether to use any of our Site Services, swap, trade, purchase and/or subscribe to any ICOs listed on our Site.
You are at no time under any duress from our Company, Fundraisers and/or any other users of our Site to trade, swap, purchase, subscribe and/or enter into any transactions.
Therefore, you agree that you voluntarily assume all risks and full liability in all your transactions, and undertake that you shall not howsoever hold the Company liable or responsible whatsoever in the event of any damages or losses suffered, including but not limited to losses that you may suffer due to misrepresentation, negligent information or fraudulent acts of any Fundraisers.</p>
<p>8.9 In the event that our Company’s liability to you in relation to our Site, our Site Services, our Content, our Updates, products and/or services featured on our Site and/or Updates, cannot be fully disclaimed, you agree that our Company’s total liability to you shall not exceed S$50, which you agree is a reasonable compensation amount taking into consideration the limited nature of our Company’s services.
" |
|
PENDING |
docbot Bot |
| Code.org |
"(iii) ANY CONTENT OBTAINED FROM THE SERVICES.
OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CODE.ORG ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S.
DOLLARS (U.S.
$100.00) OR THE AMOUNT YOU PAID CODE.ORG, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CODE.ORG ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>
<p>SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO " |
|
PENDING |
docbot Bot |
| Monzo |
"Monzo Inc.
is a wholly owned subsidiary of Monzo Bank Limited.</p>
<p>Except to the extent otherwise provided by law or this agreement, our liability to you will be limited as described in this section.
We won’t be liable to you for anything beyond our control, which could include (but isn’t limited to):</p>
<p>● merchants failing to honor the card or provide services<br> ● payment system failures<br> ● acts of government authorities<br> ● impact from natural disasters</p>
<p>Without limiting the prior sentences, if we are found liable to you, you’ll only be entitled to recover any actual damages you suffered, and you’ll not under any circumstances be able to recover any consequential, special, indirect, exemplary or similar damages including lost profits.
You also agree that recovery for any alleged negligence or misconduct by Sutton or Monzo, your entitlement will be limited to the higher of the amount in your Monzo account or your actual damages, but in no event less than $100.</p> " |
|
PENDING |
docbot Bot |
| Hero |
"HERO HEALTH (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO HERO HEALTH IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.
" |
|
PENDING |
docbot Bot |
| Alibaba |
"8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Alibaba.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Alibaba.com in exchange for the access to or use of the Site or Services during the calendar year and (b) the maximum amount permitted under the applicable law.
The preceding sentence shall not preclude the requirement by the User to prove actual damages.
" |
|
PENDING |
docbot Bot |
| Alibaba |
"AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. .
ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY DISCLAIMED AND EXCLUDED.</p>
<p> </p>
<p>7.2 Exclusion and Limitation of Liabilities.
TO THE FULL EXTENT PERMITTED BY LAW, ALIBABA.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF DATA, WHETHER IN CONTRACT, NEGLIGENCE, TORT, EQUITY OR OTHERWISE, ARISING FROM THE USE OF OR INABILITY TO USE THE TRANSACTION SERVICES. .
THE AGGREGATE LIABILITY OF ALIBABA.COM AND OUR AFFILIATES AND AGENTS INCLUDING BUT NOT LIMITED TO ALIPAY ARISING FROM THE TRANSACTION SERVICES IN CONNECTION WITH ANY ONLINE TRANSACTION SHALL NOT EXCEED THE HIGHER OF THE SERVICE FEES CHARGED BY ALIBABA.COM OR US$1,000.
</p>
<p>" |
|
PENDING |
docbot Bot |
| Alibaba |
"7.8  .
THE AGGREGATE LIABILITY OF ALIBABA.COM AND OUR AFFILIATES ARISING FROM THE ALIBABA.COM SUPPLEMENTAL SERVICES IN CONNECTION WITH ANY ONLINE TRANSACTION SHALL NOT EXCEED THE TOTAL REMUNERATIONS THAT ALIBABA.COM MAY DERIVE FROM SUCH TRANSACTION.</p>
<p> </p>
<p>7.9  .
By using the Alibaba.com Supplemental Services, you acknowledge and agree that Alibaba.com is not a bank and the Alibaba.com Supplemental Services should in no way be construed as the provision of banking services. .
" |
|
PENDING |
docbot Bot |
| Alibaba |
"or</p>
<p>e) any other matter relating to the Sites or Service however arising, including negligence.</p>
<p>6.7 Notwithstanding any of the foregoing provisions, the aggregate liability of Alibaba.com, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Member for all claims arising from the access to or use of the Service or the Sites during any calendar year shall be limited to HK$100.
The preceding sentence shall not preclude the requirement by the Member to prove actual damages.
" |
|
PENDING |
docbot Bot |
| flagcounter |
"There may, among other things, be unexpected downtimes, loss of data, delays or interruptions of service.
BOARDHOST SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH INTERRUPTIONS OR DATA LOSSES, OR OTHERWISE AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS.
FURTHERMORE, THE COMPANY'S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
</p>
<p>
When you create a counter, Boardhost may provide an HTML and/or Javascript code for you to include on your website (or any other page where you include such code, hereafter referred to simply as "Your website") to use certain features that we provide.
" |
|
PENDING |
docbot Bot |
| Appbox |
"The legal remedies outlined in Clause 13.4 and Clause 21.4b) constitute all legal remedies available to Customer in relation to a Service Disruption and any failure by Appbox to meet the agreed Service Levels.</p>
<p>18.6 Should Appbox be liable in spite of the provisions set out above in this Sales Contract or the Services Specifications, this liability is limited to the amount that is in the relevant case paid out by the general liability insurance of Appbox and shall in no case exceed the amount of Service Fees paid by Customer to Appbox with respect to the twelve (12) month period prior to the event or events giving rise to such liability.</p>
<p>" |
|
PENDING |
docbot Bot |
| 1mg |
"With respect to the Consultation Services, after selection of the type of treatment viz.
Homeopathy, Allopathy or Ayurveda along with the specification of the disease by the patient, 1mg will decide the Medical Expert to whom the query should be directed based on the information shared by the User.
However, in no event the Protected Entities shall be held liable for the losses attributable to such decision making and in no event shall the Protected Entities be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of online medical consultancy.</li>
<li>The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact.
In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.</li>
<li>In no event shall the total aggregate liability of the Protected Entities to any Other Parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms of Use or any Other Parties’ use of the Website exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only).
1mg accepts no liability for any errors or omissions on behalf of the Other Parties.</li>
<li>In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments.
" |
|
PENDING |
docbot Bot |
| Profilic |
"and,b)our and each Researcher’s total aggregate liability to you under or in relation to these,Participant Terms or their subject matter (whether in tort (including for negligence or,Prolific Participant Terms 29th April 2021Page 4 of 6,breach of statutory duty), contract, misrepresentation, restitution or otherwise) shall,not in any event exceed £50 (fifty UK pounds sterling).,You agree to indemnify us against all costs, losses, damages, expenses and liabilities,(including, but not limited to, reasonable administrative and legal costs) suffered, incurred or,paid out by us as a result of your breach of these Participant Terms, the Website Terms or,the Privacy Notice and Cookies Policy." |
|
PENDING |
docbot Bot |
| Edison Software |
"Edison makes no representations that the Service is appropriate for use in locations other than United States.
Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.</p>10.
GeneralA.
Governing Law<p>You agree that the Service shall be deemed solely based in and governed by the laws of the State of California, and that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Edison in jurisdictions other than California.
Any claim or dispute between you and Edison that arises from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California, unless submitted to arbitration as described below.</p>B.
Arbitration<p>For any claim under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration.
The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties.
" |
|
PENDING |
docbot Bot |
| Freakden |
"(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL FREAKDEN.COM’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS, SITE AND SERVICES EXCEED ONE HUNDRED U.S.
DOLLARS (U.S.
$100.00).</p> Category Terms <ul>
<li>« 2257 Compliance Statement</li>
<li>DMCA and Copyright Infringement »</li>
</ul>" |
|
PENDING |
docbot Bot |
| Mobvoi |
"ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE APP, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.</p>
<p> IN THE EVENT OF ANY PROBLEM WITH THE APP AND/OR THE SERVICES OR ANY MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE APP, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APP.
IN NO EVENT SHALL MOBVOI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR THE EQUIVALENT LOCAL CURRENCY, OR (B) THE VALUE OF THE SERVICES PURCHASED OR SUBSCRIBED BY YOU ON THE APP.</p>
<p>
<strong>24.
" |
|
PENDING |
docbot Bot |
| Overwolf |
"Some states or jurisdictions do not allow the exclusion of certain warranties.
Accordingly, some of the above exclusions may not apply to you.
</p> 6.
Limitation of liability <p> IN NO EVENT SHALL OVERWOLF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OVERWOLF'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS EXCEED U.S.
$100.
" |
|
PENDING |
docbot Bot |
| Beecher's Handmade Cheese |
"You agree that the Sugar Mountain Parties will have control of the defense or settlement, at Sugar Mountain’s sole option, of any third-party Claims.
This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Sugar Mountain or the other Sugar Mountain Parties.
</p>
<p>11.
Limitation of Liability</p>
<p>To the fullest extent permitted by applicable law, Sugar Mountain and the other Sugar Mountain Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Sugar Mountain or the other Sugar Mountain Parties have been advised of the possibility of such damages.
</p>
<p>The total liability of Sugar Mountain and the other Sugar Mountain Parties for any claim arising out of or relating to these Terms, the Sites or any order, receipt or use of Products purchased through the Sites, regardless of the form of the action, is limited to the amount of the Products you purchased through the Sites in the twelve (12) months preceding the applicable claim.
</p>
<p>" |
|
PENDING |
docbot Bot |
| Swapzone |
"Swapzone is hereby released by You from liability for any and all Losses.
The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, strict liability, or any other basis, even if Swapzone has been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies.
Notwithstanding anything else in these Terms of Use, in no event shall the combined aggregate liability of Swapzone for any Loss exceed US$ 25.
" |
|
PENDING |
docbot Bot |
| YT1s.com |
"YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.</p>
<p>
</p>
<p> g.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE SERVICE.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE EXCEED $100.</p>
<p>
</p>
<p> h.
All of the above disclaimers of warranties and limitations of liabilities shall be deemed to apply to our parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, subsidiaries, successors and assigns as well.</p>
<p>
</p>
<p>
<strong>14.
Disputes</strong>
</p>
<p>
</p>
<p> a.
To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the Socialist Republic of Vietnam without regard to conflict of law provisions.
" |
|
PENDING |
docbot Bot |
| Workona |
"NOR DOES WORKONA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE.</p>
<p>TO THE EXTENT THAT WORKONA MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH APPLICABLE LAW.</p>12.
LIMITATION OF LIABILITY<p>IN NO EVENT WILL WORKONA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT WORKONA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, WORKONA’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (I) $50, AND (II) THE TOTAL AMOUNT OF FEES PAID BY YOU TO WORKONA DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE LIABILITY FIRST ARISES.</p>
<p>TO THE EXTENT THAT WORKONA MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT LIABILITIES, THE EXTENT OF WORKONA’S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.</p>13.
" |
|
PENDING |
docbot Bot |
| Readwise |
"We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.</p> 10.
Limitation of Liability <p>IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services or (B) $500.00.</p> 11.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER - IMPORTANT - PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
<p>" |
|
PENDING |
docbot Bot |
| Getaround |
"AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL GETAROUND, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF EITHER (a) THE AMOUNTS PAID BY GETAROUND TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (b) ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GETAROUND AND YOU.</p>
<p>THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GETAROUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
" |
|
PENDING |
docbot Bot |
| Epubor |
"If your bank holds you responsible for fraudulent charges, we will cover your liability up to $50.00.</p> 4.2 (6 reviews) " |
|
PENDING |
docbot Bot |
| Yowie World |
"WITHOUT LIMITING THE PREVIOUS SENTENCE, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE.</p>
<p>THE LAW APPLICABLE IN SOME JURISDICTIONS 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 IF YOU ARE LOCATED IN THOSE JURISDICTIONS.
HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE YOWIE GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, OR ANY OF THE YOWIE MATERIALS OR FUNCTIONS AT THIS WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, THAT YOU HAVE PAID US IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS WEBSITE OR (II) AUD$100.</p>
" |
|
PENDING |
docbot Bot |
| Monthly |
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL COMPANY’S LIABILITY EXCEED THE GREATER OF $100 AND THE AMOUNTS YOU PAY THE COMPANY FOR USE OF, OR IN CONNECTION WITH, THE SITE.</p>" |
|
PENDING |
docbot Bot |
| Spreadshirt |
"Spreadshirt is not responsible for the actions, content, information, or data of third parties.
You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against Spreadshirt or any related third parties.
If you are a California resident, you waive California Civil Code §1542, which says in full: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." <br>
<br> (b) Spreadshirt is not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and service or any agreement between you and Spreadshirt, even if advised of the possibility of such damages.
Spreadshirt's aggregate liability arising out of or in connection with the site and service or any agreement between you and Spreadshirt may not exceed the lesser $100 or the amount of cash actually exchanged between you and Spreadshirt within the past six months.
Applicable law may not allow the limitation or exclusion of liability described in this Section.
In such cases, Spreadshirt's liability will be limited to the fullest extent permitted by applicable law.
</p> 11.
User Representations and Warranties.
Spreadshirt's Right to Refuse Performance <p> (a) " |
|
PENDING |
docbot Bot |
| Survey Junkie |
"SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SURVEY JUNKIE BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OR THE INABILITY TO USE THE WEBSITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SURVEY JUNKIE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
IN THE EVENT SURVEY JUNKIE BEARS LIABILITY FOR DAMAGES, LOSSES, AND CAUSES OF ACTION, THE LIABILITY WILL BE LIMITED TO THE MAXIMUM AMOUNT PAID BY YOU, IF ANY, FOR USING THIS SITE.
NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY IN NEW JERSEY.</p> Changes
<p>Survey Junkie hereby reserves the right, in Survey Junkie's sole discretion, to make changes to these Terms.
" |
|
PENDING |
docbot Bot |
| Beget |
",If the Contractor confirms the fact of rendering the service not in full, the cost of the service may be recalculated ,with the difference credited to the Client’s personal account.
The amount of compensation after recalculation may ,not exceed the cost of services rendered during the year prior to the Client’s claim.,8.
Force majeure,8.1.
The parties shall not be liable for nonfulfillment (improper fulfillment) of their obligations hereunder, if such ,nonfulfillment (improper fulfillment) has been caused by a force majeure.
" |
|
PENDING |
docbot Bot |
| Card Shack |
"We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.</li>
<li>You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.</li>
<li>We shall not be liable to you for any loss or expense which is:
<ul>
<li>indirect or consequential loss.
or</li>
<li>economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.</li>
</ul>
</li>
<li>This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.</li>
<li>" |
|
PENDING |
docbot Bot |
| KiwiCo |
"The arbitration shall be conducted by a single, neutral arbitrator. .
Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. .
" |
|
PENDING |
docbot Bot |
| Anime Planet |
"Limitation of Liability and Exclusion of damages.</b> To the extent permissible under
applicable law, the maximum amount you may recover from Anime-Planet is direct damages
up to U.S.
$10.
To the extent permitted by applicable law, Anime-Planet will not be
liable for any other damages, including consequential, lost profits, special, indirect
or incidental damages.
This limitation applies to anything related to the Site and the
provision of or failure to provide technical or other support services, and claims for
breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
This exclusion
applies even if Anime-Planet knew or should have known about the possibility of the
damages.
</p>
<p>
<b>Indemnity.</b> " |
|
PENDING |
docbot Bot |
| Tunefind |
"In no event will Tunefind, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement or substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to Tunefind under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Quake Live |
"YOU AGREE THAT ZENIMAX, ITS LICENSORS, RESELLERS, LICENSEES AND AFFILIATES ARE NOT LIABLE TO YOU FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON OR IN THE SERVICES.</p>
<p>D.
Liability Cap.
IN NO CASE SHALL THE AGGREGATE CUMULATIVE LIABILITY OF ZENIMAX OR ITS AFFILIATES, LICENSORS, LICENSEE, content providers, AND distributors/RESELLERS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, contractors, agents, OR vendors, (COLLECTIVELY, " <strong>ZENIMAX</strong>
<strong>AFFILIATES</strong>") FOR DAMAGES TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, ANY SERVICE, OR YOUR ACCESS TO, OR YOUR PLAY, RECEIPT OR USE OF ANY SERVICE EXCEED USD$100.00.</p>
<p>E.
Direct Damages.
SUBJECT TO SECTION 12(D) ABOVE, ZENIMAX WILL COMPENSATE YOU FOR ANY REASONABLY FORESEEABLE LOSS OR DAMAGE YOU CAN SHOW THAT YOU HAVE SUFFERED AS A RESULT OF (I) ZENIMAX'S FAILURE TO CARRY OUT ITS OBLIGATIONS UNDER THESE TERMS OF SERVICE TO A REASONABLE STANDARD OR (II) ZENIMAX'S BREACH OF ANY DUTIES IMPOSED ON ZENIMAX BY LAW (INCLUDING, BUT NOT LIMITED TO, IF ZENIMAX CAUSES DEATH OR PERSONAL INJURY BY ZENIMAX'S NEGLIGENCE), UNLESS THE FAILURE OR BREACH IS ATTRIBUTED TO: (A) YOUR OWN FAULT.
" |
|
PENDING |
docbot Bot |
| Stool Analyzer |
"(4) we and our officers, directors, employees ("StoolAnalyzer.com entities"), disclaim all warranties ∧ conditions, express or implied, of merchantability, fitness for particular purpose, or non-infringement.
(5) StoolAnalyzer.com entities are not liable for any indirect, incidental, special, consequential or punitive damages, or any loss (e.g.
of profit, revenue, data, or goodwill).
(6) in no event shall our total liability exceed the actual cost of membership you paid to us in the past year.
" |
|
PENDING |
docbot Bot |
| ReviewMeta |
"WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, REPUTATION, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE PROTECTED ENTITIES 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.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO REVIEWMETA FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS/SERVICES VIA THE SITE.</p>
<p> </p>
<p>CHOICE OF LAW, VENUE, WAIVER OF JURY TRIAL</p>
<p>This Agreement shall be exclusively governed by and construed in accordance with, and you exclusively and irrevocably attorns to, and agrees to apply, the laws of the State of Nevada and the federal laws which may be applicable herein (regardless of conflict of law principles) to the exclusion of all other laws in any jurisdiction or country.
" |
|
PENDING |
docbot Bot |
| Purple |
"YOU RELEASE PURPLE FROM ALL CLAIMS, DEMANDS AND DAMAGES RELATED TO DISPUTES BETWEEN YOU AND THIRD PARTIES.<br>WE MAKE NO PROMISES AND DISCLAIM ALL LIABILITY FOR USE OF THIS WEBSITE OUTSIDE THE UNITED STATES AND CANADA.</p>
13.
Limitation of Liability
<p>YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS AGREEMENT, YOUR USE OF THIS WEBSITE, AND YOUR PURCHASE AND USE OF ANY PRODUCT SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR PRODUCTS PURCHASED THROUGH THIS WEBSITE.</p>
<p>IN NO EVENT SHALL PURPLE OR ANY LICENSOR OF PURPLE, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS " |
|
PENDING |
docbot Bot |
| patio |
"SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
</p>
<p>
<u> Limitation of Liability.</u> TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE PATIO PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO PATIO IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.
" |
|
PENDING |
docbot Bot |
| SMARTPROXY |
"AND YOU ARE COMPLETELY RESPONSIBLE FOR TAKING ALL LEGAL, SAFETY AND SECURITY PRECAUTIONS FOR THE USE THEREOF.
Smartproxy, ITS AFFILIATES AND AGENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, including but not limited to damages or losses for loss of use, lost data, failure of security mechanisms, interruption of business, lost profits or costs of cover, WHETHER RESULTING FROM OR CAUSED BY THE SYSTEM, THE SOFTWARE, THE THIRD PARTY CONTENT, THE THIRD PARTIES, THIS AGREEMENT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL Smartproxy BE HELD RESPONSIBLE OR LIABLE TO YOU FOR THE CONDUCT OF THIRD PARTIES.
OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED USD ($100).
IN ANY CASE, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
" |
|
PENDING |
docbot Bot |
| CouponChief |
"any act or omission by CouponChief in administering the website or the program.
or the purchase or use of any goods or services of merchants or suppliers, even if CouponChief has been advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy.
Notwithstanding the foregoing, in no event shall CouponChief be liable to you for direct damages caused by CouponChief IN EXCESS OF THE Pays-2-Share money earned by you during the most recent six (6) months.
" |
|
PENDING |
docbot Bot |
| KeyMe |
"We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.</li>
<li>
Limitation of Liability.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $100.00.</li>
<li>
ARBITRATION CLAUSE &.
" |
|
PENDING |
docbot Bot |
| Furbo |
"26.
</b>
<b>Limitations of Liability</b>
</p>
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION
TO THE WARRANTY AND OTHER DISCLAIMERS IN THIS AGREEMENT, IN NO EVENT SHALL
TOMOFUN, ITS OFFICERS, EMPLOYEES, PARTNERS, AGENTS, .
OR AFFILIATES, BE (A)
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR
PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE,
GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO THE SERVICES, WHETHER
OR NOT WE HAVE BEEN INFORMED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE, AND (B) HAVE TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT
DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES
NOT EXCLUDED OR PRECLUDED PURSUANT TO (A) ABOVE, ARISING FROM OR RELATED TO THE
SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN
AMOUNT NEVER TO EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO TOMOFUN OR AN
AUTHORIZED TOMOFUN RESELLER FOR THE SERVICES AT ISSUE WITHIN THE PRIOR TWELVE
(12) MONTHS (IF ANY).
TOMOFUN DISCLAIMS ALL LIABILITY OF ANY KIND OF TOMOFUN’S
LICENSORS AND SUPPLIERS.
</p>
<p>" |
|
PENDING |
docbot Bot |
| Jimdo |
"In such cases liability is limited to the replacement of foreseeable, typically occurring damage and at a maximum is restricted to the to the equivalent amount of a yearly user fee for the jimdo site affected.</p>
<p>
<strong>16.4</strong> Insofar as our liability under the foregoing provisions is excluded or limited, this shall also apply to our agents.</p>
<p>
<strong>16.5</strong> Liability under the Product Liability Act remains unaffected.</p>17.
Concluding Provisions<p>
<strong>17.1</strong> " |
|
PENDING |
docbot Bot |
| ExploreLearning |
"OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT SHALL EXPLORELEARNING'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING EXPLORELEARNING.
</p> Links to Third Party Sites <p> ExploreLearning may contain links to other websites operated by parties that are not affiliated with it.
" |
|
PENDING |
docbot Bot |
| miHoYo |
"The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.</p>
<p>5) THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF MIHOYO AND OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES, WILL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE TOTAL FEES PAID BY YOU TO US DURING THE THREE (3) MONTHS PRIOR TO YOUR MAKING A CLAIM AGAINST MIHOYO.
These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.</p>
<p> </p>
<p>13.
Limitation on Claims</p>
<p>" |
|
PENDING |
docbot Bot |
| Linktree |
"(c) You are responsible for your use of the Linktree Service: </b>You have sole responsibility for adequate security protection and backup of data, Content, and/or equipment used in connection with your usage of the Linktree Service and will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Linktree Service.
You must not assign or otherwise dispose of your account to any other person.</p>
<p>
<br>
</p>
<p>
<b>(d) Indemnity: </b>You will indemnify us against any loss suffered by us that arises out of a breach by you of these terms of service (including clause 7), or a third party claim made against us in relation to your Content.</p>
<p>
<br>
</p>
<p>
<b>(e) Limitation of our liability to you: </b>In no event will our liability to you under or in connection with these terms of service or the Linktree Service exceed the greater of the fees actually paid by you to us at the time the liability purportedly arose, or [$100].
This limitation applies regardless of whether your claim against us is based on contract, negligence, other torts or otherwise.</p>
<p>
<br>
</p>14.
Disclaimer <p>
<b>
<br>
</b>
</p>
<p>
<b>" |
|
PENDING |
docbot Bot |
| Lomography |
"In particular, we will not be responsible for ensuring that the Products are suitable for your purposes unless you have made your purpose for the Product known to us.</li>
<li>In cases where you claim financial compensation under statute, we will seek to limit compensation to direct damages.
If you are not entitled to financial compensation as a consumer under a statutory right, the provisions of clauses e.
and f.
shall apply.
Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.</li>
<li>Subject to clause d.
we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.</li>
<li>Subject to clause d.
our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) " |
|
PENDING |
docbot Bot |
| Coin.IO |
"The arbitration shall be conducted by a single, neutral arbitrator. .
Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. .
" |
|
PENDING |
docbot Bot |
| Patient |
"Subject to the first paragraph under this section (Limitations of Liability), in no event shall we (or any of our suppliers or licensors) be liable to you (or to any other user) for any indirect, incidental, special, and/or consequential loss or damage, whether arising in contract, tort (including negligence or breach of statutory duty), or otherwise, even if we, or any of our suppliers, have been advised of the possibility of such damages, arising under or in connection with:</p>
<ul>
<li>use of, or inability to use, our Website;</li>
<li>use of or reliance on any content displayed on our Website (regardless of the origins of such content).
and/or</li>
<li>any information, products, and services obtained through this Website, or otherwise arising out of the use of this Website.</li>
</ul>
<p>Subject to the first paragraph under this section (Limitations of Liability), our liability (and that of our suppliers or licensors) for any losses suffered arising out of, or in connection with, your use of this Website, whether in contract, tort (including negligence or breach of statutory duty), or otherwise is limited to the greater of: (i) the total value of the relevant transaction (if any) under which the claim arises for any one event or series of connected events, or (ii) the sum of one thousand pounds (£1,000).</p>
<p>" |
|
PENDING |
docbot Bot |
| Little Snitch |
"All other services (organizational consultancy, programming, training, support during changeover, telephone advisory services) will be charged at the rates in effect on the day the services are performed.
Deviations from the amount of time calculated as being required for the work (which serves as the basis for the price calculation) and for which the seller is not responsible, shall be charged according to the actual time spent.</p>
</li>
<li>" |
|
PENDING |
docbot Bot |
| Login Lockdown |
"IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU<br>
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE<br>
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU<br>
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
<strong>LIMITATIONS OF LIABILITY</strong> IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US " |
|
PENDING |
docbot Bot |
| Giggl |
"OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.</p>" |
|
PENDING |
docbot Bot |
| Rythm |
"17.
<u>Liability</u>
</b>.
Save for any loss incurred by you as a result of an adjudicated third party claim based on rights licensed to you by Rythm, you agree that the liability of Rythm to you hereunder shall be limited to the amount you have actually paid to us for its services hereunder or, if greater, US$100.
Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide.
Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Rythm.
</p>
<p>
<b>18.
<u>Trade Marks</u>
</b>.
" |
|
PENDING |
docbot Bot |
| Bleeping Computer |
"OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THIS SITE, SERVICE, CONTRIBUTIONS OR ANY OTHER CONTENT THEREON, (EVEN IF BLEEPINGCOMPUTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE.
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
(D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (E) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $20.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Pure (Dating App) |
"(b) your use or inability to use PURE.
(c) PURE generally (including the PURE software) or systems that make PURE available.
or (d) any other interactions with PURE or any other user of PURE, even if Misterico limited or a Misterico limited authorized representative has been advised of the possibility of such damages.
you agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and will apply even if any limited remedy specified herein is found to have failed in its essential purpose.</p>
<p>II.
In no event shall the total liability to you of Misterico limited (or its affiliates, contractors, employees, agents, suppliers, or third-party partners or suppliers) for all damages, losses, and causes of action arising out of or relating to this agreement or your use of PURE (whether in contract, tort, warranty, or otherwise, including but not limited to negligence), <i>exceed the amounts paid</i> by you for accessing PURE during the twelve (12) months immediately preceding the date of your claim or fifty dollars, whichever is greater.</p>
<p>III.
Applicable law in your state 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 such cases, you agree that Misterico limited’s liability will be limited to the extent permitted by applicable law in your state.</p>
<p>IV.
Certain state laws do not allow limitations on implied warranties.
" |
|
PENDING |
docbot Bot |
| DigiCert |
"(ii) gross negligence, willful misconduct or violations of applicable law, or (iii) ,fraud or fraudulent statements made by a party to the other party in connection withthis Agreement.
TO THE ,FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL ,PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY: (A) DIGICERT AND ITS AFFILIATES, ,SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,PARTNERS AND LICENSORS (THE “DIGICERT ,ENTITIES”) WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE ,DAMAGES (INCLUDING ANY DAMAGES ARISING FROM LOSS OF USE, LOSS OF DATA, LOST PROFITS, BUSINESS ,INTERRUPTION, OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES) ARISING OUT OF OR ,RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF.
AND (B) THE DIGICERT ENTITIES’TOTAL ,Page 7of 10,CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER ,HEREOF WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO DIGICERT IN THE TWELVE MONTHS PRIOR ,TO THE EVENT GIVING RISE TO SUCH LIABILITY, REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ,CONTRACT, INDEMNIFICATION, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ,OTHERWISE, AND REGARDLESS OF WHETHER DIGICERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH ,LOSS OR DAMAGE.
" |
|
PENDING |
docbot Bot |
| Remind |
"Limitation of liability<p>TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL REMIND OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY: </p>
<ul>
<li>FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO REMIND HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
</li>
<li>FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
</li>
<li>FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
" |
|
PENDING |
docbot Bot |
| MalCare |
"BLOGVAULT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND NON-INFRINGEMENT.
IN ADDITION, BLOGVAULT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
BLOGVAULT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTIES.
YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.</p>
<p>
<b>LIMITATION OF LIABILITY</b>
</p>
<p>YOUR EXCLUSIVE REMEDY AND BLOGVAULT’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID BLOGVAULT, IF ANY, DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.</p>
<p>IN NO EVENT SHALL BLOGVAULT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, " |
|
PENDING |
docbot Bot |
| ClassDojo |
"IN SUCH CASES, CLASSDOJO’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.</p>
<blockquote>
<p>Basically,</p>
<p>ClassDojo is a free service and is provided “as-is.” We’re not liable to you for indirect, or special damages if something goes wrong.
Additionally, we set a cap of our liability to you for any direct damages that you may incur as a result of using our Services to be the greater of the amount of fees you have paid to us for your use of the Service in the 12 months prior to the claim or $100.
</p>
" |
|
PENDING |
docbot Bot |
| myvidster |
"Under no circumstances will MyVidster or our Representatives be liable to you, your company, or any third party for any indirect, consequential,
incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to
property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Website or
the Content, or the transmission of information to or from the Website over the Internet, even if we were advised, knew, or should have known of the
possibility of such damages or costs.
In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of
MyVidster and our Representatives will be limited in accordance with these Terms to the extent permitted by law.
</p>
<p>
Without limiting any of the foregoing, if we or any of our Representatives are found liable to you or to any third party as a result of any claims or other
matters arising under or in connection with these Terms, the Website, or your use of the Website, the maximum liability for all such claims and other
matters will not exceed $100 in any calendar year.
</p>
<p>
16.
INDEMNITY
</p>
<p>
" |
|
PENDING |
docbot Bot |
| QFX Software |
"REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF QFX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will QFX's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount, if any, paid by you for Software under this Agreement.</p> 8.
Export Requirements <p>If you export, re-export or import Software, technology or technical data licensed hereunder, you assume responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations.
QFX may terminate this license immediately if you are in violation of any applicable laws or regulations.</p> 9.
Termination of License(s) <p>" |
|
PENDING |
docbot Bot |
| WriterDuet |
"This holds true regardless of whether such claims are based on legal theories of contract, tort, negligence, strict liability, or any other cause of action, and regardless of whether hawse have actual knowledge of the possibility of such damages.
If your jurisdiction restricts the right to limit liability in this way, this Section may not apply to you.
But even in that case, our liability will not exceed the sum of $100US.</p>
<p>
<strong>7.
READTHROUGH RECORDINGS</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Firefox Monitor |
"OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE COMMUNICATIONS, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED.
THE COLLECTIVE LIABILITY OF MOZILLA AND THE INDEMNIFIED PARTIES UNDER THIS AGREEMENT WILL NOT EXCEED $500 (FIVE HUNDRED DOLLARS).
" |
|
PENDING |
docbot Bot |
| Firefox Monitor |
"OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED.
THE COLLECTIVE LIABILITY OF MOZILLA AND THE INDEMNIFIED PARTIES UNDER THIS AGREEMENT WILL NOT EXCEED $500 (FIVE HUNDRED DOLLARS).
" |
|
PENDING |
docbot Bot |
| Billions in Change |
"In such jurisdictions, Billions in Change’s liability shall be limited to the extent permitted by law.
In no event will the collective liability of Billions in Change and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount You have paid to Billions in Change for the applicable content or service out of which liability arose.</p>
VII.
INDEMNIFICATION
<p>Each time You use this Site You confirm Your acceptance of and agreement to be bound by this Agreement.
" |
|
PENDING |
docbot Bot |
| Just Eat |
"or</p>
</li>
<li>
<p>12.2.6.
any indirect or consequential loss.</p>
</li>
</ul>
<p>12.3.
Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.</p>
<p>12.4.
" |
|
PENDING |
docbot Bot |
| Represent |
"10.
<strong>Additional Terms for European Users</strong>
<strong>Our liability</strong>: Nothing in these Terms<br>
of Service shall limit or exclude our liability to you: - for death or personal injury caused by our negligence.
-<br>
for fraudulent misrepresentation.
or - for any other liability that, under consumer protection or other law, may not<br>
be limited or excluded.
Subject to this, if you are a consumer and not a business customer, in no event shall we be<br>
liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for<br>
any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar<br>
losses, and any liability we do have for losses you suffer arising out of or in relation these Terms or the Service<br>
shall not, exceed the amount you have paid Represent or Represent has paid you in the last six (6) months, or, if<br>
greater, " |
|
PENDING |
docbot Bot |
| VisitDays |
"6.3 Exclusions of Remedies.
Limitation of Liability.
<p>EXCEPT IN CONNECTION WITH VISITDAYS’ INDEMNITY OBLIGATIONS, OR A BREACH BY EITHER PARTY OF ITS CONFIDENTIALITY OBLIGATIONS (COLLECTIVELY, THE “EXCLUDED DAMAGES”), IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, BUSINESS INTERRUPTION OR COSTS OF LOST OR DAMAGED DATA, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. .
THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. .
EXCEPT IN CONNECTION WITH THE EXCLUDED DAMAGES, THE CUMULATIVE LIABILITY OF EACH PARTY TO THE OTHER PARTY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID TO VISITDAYS BY ORGANIZATION DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.</p>
<p>
<br>
</p>" |
|
PENDING |
docbot Bot |
| BookBub |
"8.
Limitation on Liability <p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITES OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESS TO, AND USE OF, THE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S.
$50).
THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
" |
|
PENDING |
docbot Bot |
| privado |
".</p>
<strong>Limitation of Liability for Loss or Damage</strong>
<p>In conjunction with the Disclaimer and Warranty as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of services.
" |
|
PENDING |
docbot Bot |
| Wirewax |
"Subject to clause 13.1 and clause 11 (Indemnities) (other than clause 11.3 (b) as capped below) for which there will be no cap on liability, each party's total aggregate liability arising out of, or in connection with this Agreement whether in contract, tort (including negligence) breach of statutory duty, or otherwise, shall:</p>
<ul>
<li>(a) in relation to the indemnities in clause 11.3(b) (data protection) be capped at £1,000,000 (one million pounds);</li>
<li>(b) therwise in no event exceed the annual Fees paid by the Customer in the previous 12 months.</li>
</ul>
</li>
<li>
<p>If at any time an allegation of infringement is made in respect of the Platform and/or Services, Wirewax may at its own expense:</p>
<ul>
<li>" |
|
PENDING |
docbot Bot |
| badoo |
"This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorised access, theft, bodily injury, property damage, operator errors, strikes or other labour problems or any act of god.
in connection with Badoo including, without limitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.</li>
</ol>
<p>Badoo’s total liability to you in respect of losses arising under or in connection with the Terms, whether in contract, tort (including negligence, breach of statutory duty, or otherwise) shall in no circumstances exceed £20.</p>
<p>What about the reliability of Badoo and the information contained on it?</p>
<p>Badoo has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Badoo and provides that information on an "as is", "as available" basis.
Badoo does not give or make any warranty or representation of any kind about the information contained on Badoo, whether express or implied.
" |
|
PENDING |
docbot Bot |
| Smartcat |
"NO LIABILITY WHATSOEVER IF THE AVAILABLE LEVEL OF SMARTCAT SECURITY IS NOT SUFFICIENT TO WITHSTAND ANY OF THE ABOVE MENTIONED ATTACKS.
</p> X.
LIMITATION OF LIABILITY Back to top <p>
<b>A.</b> IN NO EVENT SHALL SMARTCAT AND ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, INFORMATION PROVIDERS, AGENTS, LICENSEES, LICENSORS (“RELEASED PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN TRANSMISSION, ETC.
</p>
<p>
<b>B.</b> UNLESS OTHERWISE PROVIDED IN A SEPARATE AGREEMENT WITH SMARTCAT, IN NO EVENT WILL SMARTCAT’S TOTAL LIABILITY TO A USER FOR DAMAGES, LOSSES OR CAUSES OF ACTION RESULTING FROM THE USE OF THE PLATFORM UNDER THIS TOS EXCEED $100.
</p>
<p>
<b>C.</b> SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO A USER.
" |
|
PENDING |
docbot Bot |
| Smartcat |
"Smartcat shall not be liable for any losses caused by reliance on the accuracy or reliability of translations provided by it to Customer.
</p> 8.
LIMITATION OF LIABILITY Back to top <p> 8.1 <b>No Indirect Damages.</b> In no event will Smartcat be liable to Customer for consequential, incidental, indirect, punitive or special damages, or loss of profits, data, business or goodwill, regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranties, failure of essential purpose, or otherwise, and even if advised of the likelihood of such damages.
Smartcat shall not bear any responsibility for changes made to any Translated Works following delivery thereof by Smartcat to Customer.
</p>
<p> 8.2 <b>Limitation Cap.</b> Any and all liabilities of Smartcat resulting from this Agreement are, without exception, limited to and at a maximum equal to the lesser of (a) $10,000 or (b) the total payments made by Customer to Smartcat hereunder within one (1) month immediately preceding any such claim.
" |
|
PENDING |
docbot Bot |
| Resilio Sync |
"NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE RESILIO'S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF RESILIO OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.<br>
<br>RESILIO'S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDERED UNITED STATES DOLLARS ($100) OR THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICE, WHICHEVER IS LARGER.
THIS LIMITATION WILL APPLY EVEN IF RESILIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.<br>
<br>THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 15 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
" |
|
PENDING |
docbot Bot |
| Smartcat |
"OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM.
OR (V) ANY OTHER MATTER RELATING TO THE PLATFORM.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED $100.
</p>
<p> SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Resilio Sync |
"Some jurisdictions do not allow certain limitations on implied warranties, so the above limitation may not apply to you to its full extent.<br>
</p>Limitation of Liability<p>Resilio, Inc.'s total liability to you from all causes of action and under all theories of liability will be limited to $50.00.
In no event and under no theory of liability will Resilio, Inc.
be liable to you for any special, incidental, exemplary, or consequential damages arising out of or in connection with this agreement or the software whether or not Resilio, Inc.
has been advised of the possibility of such damages.
The foregoing limitations will survive even if any limited remedy specified is found to have failed of its essential purpose.
" |
|
PENDING |
docbot Bot |
| Daybreak Games |
"OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS.
IN ANY ACTION OR PROCEEDING AGAINST ANY DAYBREAK ENTITY(IES) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE USE OR INABILITY TO USE THE DAYBREAK GAMES, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, THE DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO $100.00.
YOU HEREBY WAIVE YOUR RIGHT TO BRING ANY CAUSE OF ACTION YOU MAY HAVE AGAISNT ANY DAYBREAK ENTITY(IES) WITH RESPECT TO THE USE OF ANY DAYBREAK GAME(S) ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.</p>
<p>SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.
IN SUCH STATES OR JURISDICTIONS, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU.
CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, LIABILITY IS LIMITED TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.</p>
</li>
<li>
" |
|
PENDING |
docbot Bot |
| WikiHow |
"AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL WIKIHOW, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO WIKIHOW HEREUNDER OR $100.00, WHICHEVER IS GREATER.
</p>
<p>THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WIKIHOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
" |
|
PENDING |
docbot Bot |
| Fetster |
"WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER fetster.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF FIFTY U.S.
DOLLARS ($50.00).
" |
|
PENDING |
docbot Bot |
| diigo |
"Limitation on Liability.</strong>
</p>
<p> IN NO EVENT SHALL DIIGO.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF DIIGO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DIIGO.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DIIGO.COM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP. </p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| interparcel |
"<br>
<br>
16.2 Nothing in this section seeks to limit Interparcel's liability to you for claims relating to death or personal injury caused by Interparcel's negligence or for any other liability which cannot be excluded by law.<br>
<br>
16.3 INTERPARCEL'S MAXIMUM LIABILITY TO YOU IS GENERALLY LIMITED TO THE AMOUNT OF TRANSIT COVER SELECTED WHEN AN ORDER WAS PLACED (INCLUDING ANY ENHANCED COVER) PLUS THE POSTAGE FEES PAID WITH THE ORDER.<br>
For example, if a standard order with £25 of inclusive cover has been placed and no Enhanced Cover has been selected, then that order will have £25 of Transit Cover included.
If the cost of the postage was £15, then Interparcel's maximum liability to you in relation to that Consignment will be limited to a total of £40 (being the £25 of Transit Cover plus the £15 cost of postage).
In the same example, if Enhanced Cover was selected up to a value of £200, then Interparcel's maximum liability would be £240 (being the value of the Inclusive cover plus Enhanced Cover plus the cost of postage).
" |
|
PENDING |
docbot Bot |
| Apple Services |
"Under no circumstances will we or our respective parents, subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use Shazam (and any other applications) which we license to you, any content delivered to you or Shazam, whether or not we have been advised of the possibility of such damages or loss.
In any event, our liability to you shall be limited to typical and foreseeable damage and shall not exceed the fees for a three (3) month period or the maximum amount of fifteen dollars ($15), whichever is higher.
Some jurisdictions (countries, provinces, states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages.
" |
|
PENDING |
docbot Bot |
| Zoosk |
"</ol>
<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SERVICES. .
UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS OR (2) $50.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, " |
|
PENDING |
docbot Bot |
| Sumo |
"(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.</p>
<p>TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING SUCH CLAIM (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Multilogin Software |
"You agree that you cannot request a refund from us or PayPal for a Preapproved Payment unless:</p>
<p>19.1.1 the Authorization did not specify the exact amount of the payment transaction when the Authorization was given and the applicable amount exceeded the amount you could have reasonably been expected to pay, taking into account your previous spending patterns and the circumstances of the case.
" |
|
PENDING |
docbot Bot |
| Pushbullet |
"Limitation of Liability <p>In no event will PushBullet, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to PushBullet under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Splice |
"You agree that it is impossible for Splice to monitor such materials and that you access these materials at your own risk.
</p>11 LIMITATION OF LIABILITY AND INDEMNIFICATION <p> TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPLICE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, PARTNERS, AND LICENSORS (COLLECTIVELY, “<strong>SPLICE ENTITIES</strong>”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SPLICE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
</p>
<p> TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SPLICE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF $100 AND THE AMOUNTS YOU HAVE PAID TO SPLICE, IF ANY, DURING THE SIX-MONTH PERIOD PRIOR TO THE DATE OF YOUR CLAIM AGAINST US.
</p>
<p> EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS.
THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
" |
|
PENDING |
docbot Bot |
| Buzzfeed |
"THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00.
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.</p>
<p>
<strong>Governing Law and Jurisdiction.</strong> " |
|
PENDING |
docbot Bot |
| About Nutra |
"RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE PROTECTED ENTITIES 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 WEBSITES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE WEBSITES EXCEED, IN THE AGGREGATE, THE GREATER OF (a) TWENTY-FIVE US DOLLARS ($25), OR (B) THE AMOUNT, IF ANY, PAID BY YOU TO ABOUTNUTRA.COM FOR YOUR USE OF THE WEBSITES OR PURCHASE OF PRODUCTS VIA THE WEBSITES.</li>
<li>
<strong>Applicable Laws.<br>
</strong>We control and operate the Websites from our offices in the United States of America.
We do not represent that materials on the Websites are appropriate or available for use in other locations.
Persons who choose to access the Websites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.These Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of California, USA without giving effect to any law that would result in the application of the law of another jurisdiction.</li>
<li>
<strong>Termination.<br>
</strong>ABOUTNUTRA.COM may terminate, change, suspend or discontinue any aspect of the Websites or the Websites’ services at any time.
" |
|
PENDING |
docbot Bot |
| Emerald Law Group |
"Damages also include your non-economic damages which are the more subjective damages such as pain and suffering, loss of enjoyment of life, emotional trauma, and loss of consortium.
Washington allows compensatory damages – meaning the damages are measured by the amount of money to make a person whole for the injuries and damages incurred.</p>
<p>
<strong>Punitive damages – </strong>Punitive damages are penalty damages or deterrent damages that are awarded not to compensate the plaintiff but to penalize the defendant.
" |
|
PENDING |
docbot Bot |
| CaringBridge |
"If any part of this limitation of liability is found to be invalid, illegal or unenforceable for any reason, then the aggregate liability of CaringBridge, its sponsors, licensors, and service providers, and its and their respective shareholders, directors, officers, employees and agents, under such circumstances to you or any person or entity claiming through you for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100.00).
Some jurisdictions do not allow the exclusion of liability for certain types of damages.
Accordingly, some of these limitations of liability may not apply to you.
" |
|
PENDING |
docbot Bot |
| BitTorrent |
"Some jurisdictions do not allow certain limitations on implied warranties, so the above limitation may not apply to you to its full extent.</p>Limitation of Liability<p>BitTorrent, Inc's total liability to you from all causes of action and under all theories of liability will be limited to $50.00.
In no event and under no theory of liability will BitTorrent, Inc be liable to you for any special, incidental, exemplary, or consequential damages arising out of or in connection with this agreement or the software whether or not BitTorrent, Inc has been advised of the possibility of such damages.
The foregoing limitations will survive even if any limited remedy specified is found to have failed of its essential purpose.
" |
|
PENDING |
docbot Bot |
| Grasscity |
"If such is the case Grasscity Shop will not refund any payments to you.</p>
Article 9 - Liability
<p>Grasscity Shop's liability for any attributable failure to perform its obligations, by reason of a wrongful act or otherwise, is limited per event (with a series of connected events counting as one event) to compensation for the direct loss or damage suffered by you not exceeding the actual amount paid by you for the product ordered.
" |
|
PENDING |
docbot Bot |
| SourceForge |
"You agree that SlashDot Media has no responsibility or liability for the deletion or failure to store any Project Web content and other communications maintained or transmitted through use of the Project Web service.
You further acknowledge that you are solely responsible for securing and backing up your applications and any Project Web content.</p>3.
Limitation of Liability<p>NEITHER SLASHDOT MEDIA NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES AND/OR CONTENT CONTAINED WITHIN THE SITES IS TO STOP USING THE SITES.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES.</p>4.
" |
|
PENDING |
docbot Bot |
| energyhelpline |
"<br>9.3 The cashback amounts will be paid at £20 for a single electricity switch carried out over the internet or £15 for a single gas or electricity switch done through our call centre. <br>
<br>9.4 " |
|
PENDING |
docbot Bot |
| kik-messenger |
"To the fullest extent permitted by applicable law, in no event shall the aggregate liability of MediaLab or the MediaLab parties for any Losses, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Services or to these Terms exceed the greater of: .
(i) any compensation you paid, if any, to MediaLab for access to or use of the Services for the twelve (12) months immediately preceding the Loss.
or (ii) the amount of $100.00.</p>
<p>" |
|
PENDING |
docbot Bot |
| Mahatat |
"Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.</p> Limitation of Liability <p>Notwithstanding any damages that you might incur, the entire liability of Mahatat and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.</p>
<p>To the maximum extent permitted by applicable law, in no event shall Mahatat or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Mahatat or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>" |
|
PENDING |
docbot Bot |
| Mahatat |
"Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.</p> Limitation of Liability <p>Notwithstanding any damages that you might incur, the entire liability of Mahatat and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website/app.</p>
<p>To the maximum extent permitted by applicable law, in no event shall Mahatat or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website/app, third-party software and/or third-party hardware used with the website/app, or otherwise in connection with any provision of this Agreement), even if Mahatat or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>" |
|
PENDING |
docbot Bot |
| Synapse X |
"The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity.
An award of arbitration may be confirmed in a court of competent jurisdiction.
Please bear in mind that as expressed by Amendment VII of the United States Constitution, if you were to bypass our arbitration clause as an American citizen, you do not have legal grounds to file a lawsuit for a civil trial as the total value of our products never exceed the amount of $20 American Dollars (USD).</li>
<li>THE PRODUCT PROVIDER AND OUR AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE PRODUCT.
" |
|
PENDING |
docbot Bot |
| Getty Images |
"In addition, upon reasonable notice, Getty Images may, at its discretion, either through its own employees or through a third party, audit your records directly related to this agreement and your use of licensed content in order to verify compliance with the terms of this agreement.
If any audit reveals an underpayment by you to Getty Images of five percent (5%) or more of the amount you should have paid, then in addition to paying Getty Images the amount of the underpayment and any other remedies to which Getty Images is entitled, you also agree to reimburse Getty Images for the costs of conducting the audit.</li>
<li>
Electronic storage.
" |
|
PENDING |
docbot Bot |
| Getty Images |
"IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GETTY IMAGES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GETTY IMAGES FOR ACCESS TO OR USE OF THE SITE.</p>
Applicable Law and Venue
<p>Any dispute relating in any way to your use of the Site or the Getty Images Content shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate Getty Images' intellectual property rights, Getty Images may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision.
" |
|
PENDING |
docbot Bot |
| supabase |
"(3) loss of goodwill or reputation.
(4) use, inability to
use, loss, interruption, delay or recovery of any data, or breach of data or
system security.
or (5) cost of replacement goods or services, in each case
regardless of whether such party was advised of the possibility of such losses
or damages or such losses or damages were otherwise foreseeable.
and (b) in no
event will either party’s aggregate liability arising out of or related to this
agreement under any legal or equitable theory, including breach of contract,
tort (including negligence), strict liability, and otherwise exceed the total
amounts paid and/or payable to Supabase under this agreement in the twelve (12)
months immediately preceding the claim.
provided that, notwithstanding the
foregoing, Supabase's aggregate liability arising out of or relating to any
excluded liabilities will not exceed three times (3x) the total amounts paid
and/or payable to Supabase by Customer under this agreement in the twelve (12)
months immediately preceding the claim.</p>12.
Subscription Period and Termination.#1.
Subscription Period." |
|
PENDING |
docbot Bot |
| Docker |
"A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“<strong>Notice</strong>“).
Docker’s address for Notice is: Docker, Inc., 3790 El Camino Real #1052, Palo Alto, CA 94306.
The Notice must: (a) describe the nature and basis of the claim or dispute.
and (b) set forth the specific relief sought (“<strong>Demand</strong>“).
We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Docker may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by you or Docker must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Docker will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any.
(ii) the last written settlement amount offered by Docker in settlement of the dispute prior to the arbitrator’s award.
or (iii) $1,000.</p>
<p>
<strong>19.5 </strong>" |
|
PENDING |
docbot Bot |
| Doosra |
"Without prejudice to the above the Company's maximum liability, if any, is restricted to the transaction fees paid to Ten20 Infomedia Private Limited by you in respect of the relevant service.</li>
" |
|
PENDING |
docbot Bot |
| ePlus Technology |
"Seller shall maintain such public liability, property damage and employer’s liability and compensation insurance as will protect Seller and Buyer from said risks and from any claims under any applicable Worker’s Compensation or Occupational Disease Acts.
</p>
<p>8.BUYER LIABILITY TO SELLER IS LIMITED TO DIRECT DAMAGES, WHICH WILL NOT EXCEED THE AMOUNT PAID BY BUYER TO SELLER FOR THE PRODUCT.
IN NO EVENT SHALL BUYER BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS OR ANY PO, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOST DATA OR FOR ANY DAMAGES OR SUMS PAID BY SELLER TO THIRD PARTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.
" |
|
PENDING |
docbot Bot |
| Visa Solution Checkout Pay to Click |
"NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE VISA PARTIES' CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS OR (B) US$100 (OR EQUIVALENT IN LOCAL CURRENCY).</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
" |
|
PENDING |
docbot Bot |
| Spry Servers |
"OR (i) APPLICATION OF ANY DISPUTE POLICY.
NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS (US$400.00).
" |
|
PENDING |
docbot Bot |
| Spry Servers |
"If you wish to re-open your account, the client agrees to pay (with a different payment method), an 'Administrative Fee' of $250 in addition to original amount of funds which were reclaimed.
<br>
<br>
<strong>Non-Payment/Late Fees/Service Interruption</strong>
<br>
Accounts, unless otherwise explicitly defined, will be deactivated after 2 days from the invoice due date if payment is not received.
We realize everyone falls on hard financial times.
If you need extra time, please let us know so we can work out a payment arrangement.
Any account deactivated due to non-payment will be subject to a late fee of $10.00 or 10% of the total amount in arrears (whichever amount is greater, up to the maximum allowed by law).
" |
|
PENDING |
docbot Bot |
| Lumen (Century Link) |
"In the event applicable laws in certain states do not permit application of this limitation of liability or limit its applicability, you agree the aggregate liability of CenturyLink in such instances for liability that would have otherwise been limited by this section will not exceed one hundred dollars ($100).<br>
<br>
</li>
<li>
<b>" |
|
PENDING |
docbot Bot |
| Verkada |
"THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.</p>
<p>
<b>Limitation of Liability</b>
</p>
<p>VERKADA WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VERKADA HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE AND SITE CONTENT.
UNDER NO CIRCUMSTANCES WILL VERKADA’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $50.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE VERKADA’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.</p>
<p>
<b>Indemnity</b>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Wordnik |
"Not even if you tell us that something bad will happen.
We’re especially not responsible for the behavior of other people, even if they are using our sites, apps, or services.</p>
<p> IN NO EVENT WILL WORDNIK’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT EXCEED ONE HUNDRED U.S.
DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WORDNIK AND YOU.</p>
<p> SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>
<p> " |
|
PENDING |
docbot Bot |
| inquisitr |
"COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.
IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser fifty dollars ($50).</p>
<p>
<strong>Indemnity.</strong> " |
|
PENDING |
docbot Bot |
| cryptouniverse.io |
"for loss of revenue or anticipated profits or for loss of business arising from or in connection with:<br>(1) breach of the Terms;<br>(2) your access to or use of or inability to access or use the Services;<br>(3) unauthorized access, use, or alteration of your content and data;<br>(4) termination of these terms by Cryptouniverse;<br>(5) modifications, amendments, errors in Services;<br>(6) suspending of the Services;<br>(7) use of or inability to use the Service or from any products or transactions or transfers relating to products, or from any third party materials, including from any virus that may be transmitted in connection therewith, and including from any dispute with any other user of the Service.</p>
<p>
<b>5.2.</b>You use the Services solely at your risk.</p>
<p>
<b>5.3.</b>To the extent permitted by law, in no event will Cryptouniverse aggregate liability for all claims relating to the Services that exceeds the greater of 100 EUR or the amount you paid Cryptouniverse in fiat money, if any, in the last 180 days.</p>
<p>
<b>5.4.</b>" |
|
PENDING |
docbot Bot |
| SWITCH Internet Domains |
"which are caused on the basis of failure of use, interruptions of operation, power failure, faults such as denial-of-service attacks and other hacker attacks, sabotage, terrorism, vandalism and capacity fluctuations etc.
in connection with telecommunications networks and/or the internet and/or in connection with software employed by the holder and third parties for use of the internet,</li>
<li>consisting of indirect or consequential damages, such as loss of profits, savings not realised or claims of third parties,</li>
<li>in connection with compliance with an expert's decision in the dispute resolution proceedings,</li>
</ol>
<p>regardless of whether a contractual claim, a claim for tortious acts (including negligence) or any other claim is involved.
this also applies if SWITCH has been informed about the possibility of such damages.
SWITCH reserves the right to raise the defence of shared responsibility by the injured party in any case.
Any compensation obligation by SWITCH, its employees, its organs and any third parties brought in by SWITCH, is limited in each case to a maximum value of CHF 500.00 per incident, in so far as permitted by law and independently of the legal grounds.</p>
" |
|
PENDING |
docbot Bot |
| Earth 2 |
"In addition, the User must indemnify Earth v2 and Earth v2’s personnel and keep Earth v2 and Earth v2’s Personnel indemnified at all times to the fullest extent permitted by law in respect of any Claim which Earth v2 or Earth v2’s personnel may suffer, sustain or incur arising from, or connected with, any breach of any applicable laws by a User, reduced to the extent the Loss in respect of the Claim was caused by the negligent act or omission Earth v2 or Earth v2’s Personnel.</p>Limitation of Liability<p>In the absence of a material breach of this agreement by Earth v2 or the gross negligence, fraud or wilful misconduct by Earth v2 when conducting Trades under this agreement, Earth v2 will not be liable to the User on account of anything done, omitted or suffered by Earth v2 in good faith when conducting the Trades pursuant to these terms.</p>
<p>Earth v2’s liability to any User will be capped at the maximum amount Earth v2 received from that User in the 6 months prior to any claim being made.</p>" |
|
PENDING |
docbot Bot |
| LiquidM Technology |
"This calculation excludes downtime required for routine maintenance, as notified at least two business days in advance and downtime resulting from technical malfunctions in the systems of Company, any Third Party Ad Exchange, or any other circumstances beyond LiquidM’s reasonable control (including, without limitation, Internet delays, network congestion and ISP malfunctions).
For clarity, Uptime calculation is separate from and does not include the delivery or non-delivery of a subset of ads or campaigns.  .
Notwithstanding anything to the contrary as negotiated between LiquidM and Company, in the event that Uptime in any calendar month is lower than 99%, Company will receive a reduction on the monthly Markup Fee amount of the following month.
This reduction is calculated by taking the total number of minutes of downtime experienced in the current month and multiplying it by the amount equal to the Mark-up Fees of the previous month divided by the total number of minutes in the previous month.
LiquidM provides telephone-based support services from hours of 9.00 AM to 7:00 PM CET Monday through Friday, except German holidays.</p>
</li>
" |
|
PENDING |
docbot Bot |
| Bannernow |
"7.LIMITATION OF LIABILITY<p>TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEE PAID BY YOU TO THE COMPANY HEREUNDER FOR THE SERVICE CAUSING THE APPLICABLE CLAIM.
(II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
(III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
" |
|
PENDING |
docbot Bot |
| Styleforum |
"In no event will Styleforum’s aggregate liability arising out of or in connection with these terms or from the use of or inability to use the site, services or collective content exceed one hundred dollars ($100).
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Styleforum and you.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.</p>
<p>
<strong>PROPRIETARY RIGHTS NOTICES</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Definition.org |
"THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.
NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DEFINITION.ORG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL DEFINITION.ORG BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND DEFINITION.ORG’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES.
IN NO EVENT SHALL DEFINITION.ORG’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.</p>
Governing Law
<p> This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New York, United States, without giving effect to any principles of conflicts of law.
" |
|
PENDING |
docbot Bot |
| Do Good Points |
"During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator.
or (ii) $10,000.00.</p>
<ol>
<li>
<b>Fees:</b> If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules.
" |
|
PENDING |
docbot Bot |
| Paddle |
"Further, Paddle does not make, and has not made, any representation or warranty that the services are accurate, complete, reliable, current, error-free, or virus-free or that the operation of the services will be uninterrupted.
Some jurisdictions do not allow exclusion of an implied warranty, so this disclaimer may not apply to you.</p>
<p>13.2 To the fullest extent permitted by applicable law, in no event will Paddle, its partners, service providers, affiliates or any of their respective directors, officers, employees or agents be liable to you for any special, incidental, indirect, punitive, exemplary or consequential damages, whether foreseeable or unforeseeable, which may arise out of or in connection with these terms of use, regardless of whether either party has been apprised of the possibility or likelihood of such damages occurring, or whether claims are based or remedies are sought in contract or tort otherwise.
To the fullest extent permitted by applicable law, Paddle’s aggregate (i.e., not per-claim) liability under, arising from, or related to these Terms of Use will be limited to $50,000.</p>14.
Waiver and Severability<p>If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
" |
|
PENDING |
docbot Bot |
| Sierra Club |
"ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.</p>
<p>
<br> IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITES. .
IN NO EVENT SHALL SIERRA CLUB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) " |
|
PENDING |
docbot Bot |
| moneycontrol |
"BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH COUNTRIES, THE RESPECTIVE LIABILITY OF <i>moneycontrol.com</i>, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, GROUP COMPANIES AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE AMOUNT PROVIDED UNDER SAID LAW.
" |
|
PENDING |
docbot Bot |
| StyleSeat |
"In performing customer service, Professionals must present themselves as a separate entity from StyleSeat.
As between Professionals and StyleSeat, StyleSeat is solely responsible for customer service issues relating to any Account, payment, Card processing, debiting or crediting.</p> Refunds and Returns <p>By accepting payment Card transactions with StyleSeat, you agree to process returns of, and provide refunds and adjustments for, your goods or services through your Account in accordance with these Terms of Service and Network Rules.
Network Rules require that you will (a) maintain a fair return, cancellation or adjustment policy.
(b) disclose your return or cancellation policy to Clients at the time of purchase, (c) not give cash refunds to a Client in connection with a Card sale, unless required by law, and (d) not accept cash or any other item of value for preparing a Card sale refund.
The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the Client for postage that the Client paid to return merchandise.
If you accept returns and are making an uneven exchange of merchandise (e.g., the sales price is not the same), you must issue a credit for the total amount of the merchandise being returned and complete a new sale for any new merchandise.
" |
|
PENDING |
docbot Bot |
| ParkMobile.io |
"Limitation of Liability<p>TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PARKMOBILE AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO PARKMOBILE TO USE THE SERVICES.</p>Business Uses of Our Services<p>If you want to use ParkMobile for commercial purposes, you must create a business account and agree to our Business Terms of Service.
" |
|
PENDING |
docbot Bot |
| Booking.com |
"Profanity, sexually explicit, hate speech, discriminatory, threats, violence</li>
<li>Mention of full names, personal attack towards the staff</li>
<li>Promoting illegal activities (e.g.
drugs, prostitution)</li>
<li>Sites, emails, and addresses, phone numbers, cc details</li>
<li>Politically sensitive comments</li>
</ul>
<p>
</p>
<p>Booking.com and the Trip Provider are each entitled to terminate their relationship for whatever reason (including in the event of breach of contract or (filing for) bankruptcy) with due observance of the relevant notice period as agreed between both parties.</p> 9.
Disclaimer <p>Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we will only be liable for direct damages actually suffered, paid, or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the Trip Reservation confirmation email (whether for one event or series of connected events).</p>
<p>" |
|
PENDING |
docbot Bot |
| Kixeye |
"ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFITS, GOODWILL, OR DATA) EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, IN EXCESS OF THE AMOUNT YOU HAVE PAID KIXEYE IN THE SIX (6) MONTHS PRIOR TO SUBMITTING NOTICE OF YOUR CLAIM OR, IF GREATER, ONE HUNDRED DOLLARS (US$100).</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.</p>
<p>THE INDEMNITY, RELEASE, AND LIMITATION OF LIABILITY REPRESENT A MATERIAL INDUCEMENT FOR KIXEYE TO PROVIDE THE SERVICE.
" |
|
PENDING |
docbot Bot |
| Audacity |
"ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.</p>
<p>
<strong>8.
LIMITATION OF LIABILITY</strong>
</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUDACITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL AUDACITY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S.
DOLLARS (U.S.
$100.00).</p>
<p>If we cause damage to you and you’re a consumer in the EEA, the above doesn’t apply.
Instead, Audacity’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract.
Audacity isn’t liable for damages that result from a non-material breach of any other applicable duty of care.
" |
|
PENDING |
docbot Bot |
| Ultimate Guitar |
"UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.
ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.</p> 9.
LIMITATION OF LIABILITY <p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, ULTIMATE GUITAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL ULTIMATE GUITAR'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S.
DOLLARS (U.S.
$100.00).</p>
<p>If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply.
Instead, Ultimate Guitar’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract.
Ultimate Guitar isn’t liable for damages that result from a non-material breach of any other applicable duty of care.
" |
|
PENDING |
docbot Bot |
| Mobfox |
"10.2 THE LIMITATIONS ON MOBFOX’S LIABILITY TO MEMEBER IN PARAGRAPH 10.1 ABOVE WILL APPLY WHETHER OR NOT MOBFOX HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.</p>
<p>10.3 MOBFOX’S LIABILITY TO MEMBER OR ANY THIRD PARTY IN ANY AND ALL CIRCUMSTANCE WILL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY MEMBER TO THE SERVICE OVER THE 3 MONTHS PERIOD PRIOR TO THE CLAIM.
" |
|
PENDING |
docbot Bot |
| Free Your Music |
"Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time We entered into this Agreement.</p>
<p>In connection to non-consumer Users, FreeYourMusic is liable only for damage caused by the intentional misconduct of FreeYourMusic.
FreeYourMusic liability for damages arising directly from the intentional misconduct of FreeYourMusic is limited to 100% of the annual payment for Mobile App subscription</p>
<p>" |
|
PENDING |
docbot Bot |
| Firefox Cloud Services |
"OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED.
THE COLLECTIVE LIABILITY OF MOZILLA AND THE INDEMNIFIED PARTIES UNDER THIS AGREEMENT WILL NOT EXCEED $500 (FIVE HUNDRED DOLLARS).
" |
|
PENDING |
docbot Bot |
| Lumen (Century Link) |
"In such situations, you are responsible for obtaining an ,invoice copy and/or account balance by contacting CenturyLink customer service.
To use or enroll in a Payment ,Service, you must provide us with your email address for the receipt of notices.
You agree to keep your email ,address updated and understand it is your responsibility to provide any changes or updates to your email address to ,CenturyLink.
,6.
Payment Information.
If you arrange for payment using Payment Services through another company or financial ,institution, you will be subject to that company’s terms and conditions and you agree that CenturyLink will not be ,responsible or liable for any loss or damage caused or created by that company.
In the event that any amount on a ,third party site does not match the same amount presented at the CenturyLink Website or on your printed ,CenturyLink invoice, CenturyLink’s listed amount is deemed to be the accurate amount.
In the event the amount ,listed at the CenturyLink Website and on your printed CenturyLink invoice do not agree, the printed CenturyLink ,invoice should be considered the correct invoice and should be used to determine the amount to be paid.
" |
|
PENDING |
docbot Bot |
| Pikpok |
"SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.</p>
LIMITATION OF LIABILITY
<p>TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR PERSONAL INURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITES, PRODUCTS, CONTENT, THIRD PARTY SERVICES OR THIRD PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE DOLLARS (US$5).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.</p>
" |
|
PENDING |
docbot Bot |
| CareerOne |
"(6) You indemnify CareerOne and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.</p>
<ol>
<li>Disclaimer of Consequential Damages.</li>
</ol>
<p>EXCEPT TO THE EXTENT REQUIRED BY LAW, IN NO EVENT SHALL CAREERONE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY CAREERONE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY CAREERONE SITE AND THE CAREERONE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAREERONE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<ol>
<li>Limitation of Liability.</li>
</ol>
<p>SUBJECT TO LAW, CAREERONE’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY CAREERONE SITE OR YOUR USE OF THE CAREERONE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.</p>
<ol>
<li>Links to Other Sites.</li>
</ol>
<p>The CareerOne Sites contain links to third party Web sites.
" |
|
PENDING |
docbot Bot |
| Nexon |
"IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THE TERMS OF THE APPLICABLE AGREEMENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
THE MAXIMUM AGGREGATE LIABILITY OF NEXON FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE GREATER OF $100 OR THE AMOUNT YOU PAID TO ACCESS THE SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW.</p>
<p> </p>
<p>
<strong>VIII.
INDEMNIFICATION</strong>
</p>
<p>You agree to indemnify, defend and hold NEXON, ALONG WITH OUR REPRESENTATIVES, MANAGERS, PARTNERS, SHAREHOLDERS, JOINT VENTURERS, THIRD-PARTY CONTRACTORS, EMPLOYEES, LICENSEES, LICENSORS, ADVERTISERS, AND AGENTS, harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of our SERVICES and any alleged violation by you of these Terms.
We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section.
" |
|
PENDING |
docbot Bot |
| Everpix |
"  .
 .
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.</p>
<p>THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
" |
|
PENDING |
docbot Bot |
| mondosol |
"NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF WE AND THE Mondosol PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS (€100).
</p>
<p> SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
" |
|
PENDING |
docbot Bot |
| Gettr |
"The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the GETTR Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Service).</li>
</ol>
</li>
</ol>
</li>
</ol>
<p>EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE GETTR PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID GETTR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY GETTR OR A MANUFACTURER OF A PHYSICAL PRODUCT.</p>
<p>The liability limitations in this Section 8 are not intended to limit any express warranties by GETTR that are included in applicable Additional Terms.</p>
<ol>
<li>
<strong>APPLICABLE JURISDICTIONAL LIMITS.</strong> " |
|
PENDING |
docbot Bot |
| Tubi |
"LIMITATION OF LIABILITY</strong>
</p>
<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TUBI’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TUBI FOR THE TUBI SERVICES AND CONTENT DURING THE TERM OF YOUR USE OF THE TUBI SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TUBI WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO TUBI FOR THE TUBI SERVICES DURING THE TERM OF YOUR USE OF THE TUBI SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO ACCESS OR USE THE TUBI SERVICES OR CONTENT.</p>
<p>" |
|
PENDING |
docbot Bot |
| NortonLifeLock |
"Unless NortonLifeLock and you agree otherwise, any arbitration hearings will take place in the county (or parish) of either your residence or of the mailing address you provided in your Notice of Claim.
If your claim is for U.S.
$10,000 or less, NortonLifeLock agrees that you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.
If your claim exceeds U.S.
$10,000, the right to a hearing will be determined by the AAA Rules.
Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then We will pay you, in addition to the award, either U.S.
$500 or 10% of the amount awarded, whichever is greater.</p>
<p>f.  .
<strong>" |
|
PENDING |
docbot Bot |
| PayTM |
"or (v) any other interactions with Paytm E-commerce, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Paytm Marketplace Service or the Paytm Platform giving rise to the cause of action, or beyond or in excess Rs.
5,000/- (Rupees Five Thousand only), whichever is less.
" |
|
PENDING |
docbot Bot |
| ImgBurn |
"LIMITATION OF LIABILITY</b>
</p> EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS, THE SITE EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO US DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY.
<p>
</p>
<p>
</p>
<p>
<b>FORCE MAJEURE</b>
</p> We will not be liable for failing to perform under these TOS by the occurrence of any event beyond its reasonable control, including, without limitation, a labour disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to us to perform, fire, terrorism, natural disaster or war, or sheer laziness.
<p>
</p> " |
|
PENDING |
docbot Bot |
| Teleflex |
"OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
UNDER NO CIRCUMSTANCES WILL TELEFLEX’S AGGREGATE LIABILITY UNDER THESE TERMS OF USE EXCEED THE SUM OF USD$100.00.
</p>
<p> IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.
</p> " |
|
PENDING |
docbot Bot |
| unroll me |
"If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S.
Dollars ($250.00), we will pay the additional cost.
" |
|
PENDING |
docbot Bot |
| eM Client |
"SO THE ABOVE LIMITATIONS MAY NOT APPLY TO THE CUSTOMER.
THE ,CUSTOMER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO ,JURISDICTION.,11.2No Consequential Damages: UNDER NO CIRCUMSTANCES WILL eM CLIENT OR ITS AUTHORIZED ,REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL ,DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CUSTOMER'S CLAIMS OR THOSE ,OF CUSTOMER'S (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, ,USE OF MONEY OR USE OF THE SOFTWARE, INTERRUPTION IN USE OR AVAILABILITY OF DATA, ,STOPPAGE OFOTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OF ,EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT ,LIABILITY IN TORT OR OTHERWISE, EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE AND TO ,THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.
IN NO EVENT WILL THE AGGREGATE ,LIABILITY INCURRED IN ANY ACTION OR PROCEEDING BY eM CLIENT OR ITS AUTHORIZED ,REPRESENTATIVE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE SPECIFIC ,PRODUCT THAT DIRECTLY CAUSED THE DAMAGE.,12.
LIMITATION OF LIABILITY IF the Customer is " |
|
PENDING |
docbot Bot |
| Cox |
"Therefore, Cox may charge your account for each Unreturned Equipment piece, a one-time Unreturned Equipment Charge as liquidated damages in an amount equal to Cox’s reasonable estimates of the replacement costs and incidental costs that Cox incurs.
provided, however, that such amount will not exceed the maximum amount permitted by law or the replacement cost of the Cox Equipment.
" |
|
PENDING |
docbot Bot |
| NortonLifeLock |
",11.
Limitation of Liability.,11.1 Nothing in these Terms shall exclude Symantec’s liability for death or personal injury,caused by its negligence, or any other liability which cannot be excluded by law.Otherwise the,liability of Symantec to You or any other third party shall be limited to the price You paid,for the Items.
,11.2 Symantec is not responsible for indirect or consequential losses.
" |
|
PENDING |
docbot Bot |
| Green Dot |
"OR (5)ERRORS, SYSTEM DOWNTIME, ,NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS.,NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE ,CUMULATIVE LIABILITY OF THE GREEN DOT PARTNERS TO YOU ARISING FROM ANY ,CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL ,TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ACCESS TO THE ,SERVICES.
" |
|
PENDING |
docbot Bot |
| Ancestry & services |
"Some jurisdictions do not allow us to have a broad limit on our liability.
If you live in one of those jurisdictions, some of these limitations may not apply to you.
If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services and, if you are using any of our subscription Services, cancel your subscription as described here.
Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid us during the 12-month period preceding the event giving rise to the liability.
" |
|
PENDING |
docbot Bot |
| Jasperactive |
"Limitation of Liability.
JASPER LEARNING INC.
SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ARISING FROM FAILURE OF JASPERACTIVE TO FUNCTION IN ANY WAY, LOST OR CORRUPTED SYSTEMS OR SOFTWARE, LOSS OF PROFITS OR REVENUES OR BUSINESS OPPORTUNITIES OR LOST USE OF JASPERACTIVE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ANY LIABILITY OF JASPER LEARNING INC.
IS LIMITED TO THE TOTAL AMOUNT RECEIVED BY JASPER LEARNING INC.
FOR THE LICENSE GRANTED UNDER THIS EULA DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE PARTICULAR CLAIM AROSE.</li>
<li>Equitable Remedies.
" |
|
PENDING |
docbot Bot |
| JMServices |
"OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING  .
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID,  .
IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO
ANY CAUSE OF ACTION ARISING .
CERTAIN US
STATE LAWS AND INTERNATIONAL
LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN
DAMAGES.
" |
|
PENDING |
docbot Bot |
| canary |
"HOWEVER ARISING, EVEN IF CANARY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
CANARY’S TOTAL LIABILITY ARISING FROM OR RELATED TO ANY OF THE PRODUCTS OR THE PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO CANARY OR CANARY’S AUTHORIZED RESELLER FOR THE PRODUCTS OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY).</p>
<p>Nothing in these Terms (including anything specified in this "Our Limitation of Liability" provision) shall attempt to exclude or limit liability that cannot be excluded or limited under applicable law.</p>
<p>" |
|
PENDING |
docbot Bot |
| canary |
"AVAILABLE VIA THE PRODUCTS, EVEN IF CANARY KNEW OR SHOULD HAVE KNOWN ADVISED OF SUCH A POSSIBILITY.</p>
<p>Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Canary Representatives' liability (and the Noonlight Representatives' liability, with respect to the Noonlight Services) shall be limited to the maximum sum of $25.00 collectively.
In the event that you wish to increase the maximum amount of such limited liability, you may, as a matter of right, obtain a higher limit by contacting legal@canary.is to arrange paying an additional amount for the increase in such limit of liability, but this payment shall in no way be interpreted to hold Canary or Noonlight, and their Representatives as an insurer.</p>General<p>Canary controls and operates its Service from its headquarters in the United States.
" |
|
PENDING |
docbot Bot |
| Shout Docs |
"13 - Our Intellectual Property
<p> Nothing in these Terms of Service grant you ownership of any intellectual property owned by us You agree and acknowledge that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of the Site, and to the business of Problem Free, including the structure, design, essence and layout of the Site.</p>
14 - Your Intellectual Property
<p> By using the Services, any copyright you own in any material used or posted on the Site shall remain your property.
Problem Free shall retain the copyright of all other material on the Site and in the Services.</p>
<p> By using or posting content to Problem Free, you agree to give Problem Free a non-exclusive worldwide, royalty-free and transferable license to use, reproduce, distribute, modify, make publicly available and otherwise exploit your content for the limited purposes of providing the Services to you and as otherwise permitted by our privacy policy.</p>
15 - Liability
<p> To the extent permitted by law, the aggregate liability of Problem Free arising out of in connection with the Services and these Terms of Service shall not exceed the amount paid by you to Problem Free for use of the Services during the 12 months prior to the event giving rise to the liability.</p>
<p> " |
|
PENDING |
docbot Bot |
| BreezoMeter |
"OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
</li>
<li> IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BREEZOMETER ARISING UNDER, OR IN CONNECTION WITH, THESE TERMS, OR OTHERWISE OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO BREEZOMETER FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO YOUR BRINGING THE CLAIM.
</li>
<li> THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION 12 SHALL APPLY: (i) EVEN IF BREEZOMETER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES.
(ii) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
AND (iii) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.
</li>
</ol>
<ul>
<li>
<b>Indemnity.</b> " |
|
PENDING |
docbot Bot |
| Trakstar |
"or what actions Client may take as a result of having been exposed to the Content.
Client releases ATSI from any and all liability for Client having acquired, used, relied on, acted upon (or not acquired) Content obtained or obtainable through the System.
ATSI makes no representations or warranties concerning any content contained in or accessed through the System, and ATSI will not be responsible or liable for the accuracy, completeness, copyright compliance or legality of material or Content contained in or accessed through the System.</li>
<li>Exclusive Remedy. Except for the exclusive remedy as provided above for service level commitments, and except for the exclusive remedy provided by ATSI for infringement, for any breach of warranty or the failure of ATSI to provide the services as required herein (a “deficiency”), the Client’s sole and exclusive remedy and ATSI’s entire obligation hereunder shall be, at ATSI’s option, for ATSI to cure the deficiency or for ATSI to refund an amount equal to the amount Client paid for the deficiency reduced by any benefit received by Client for the deficiency.</li>
</ol>
<ol>
<li>Limitations of Liability.
Indemnification.</li>
</ol>
<ol>
<li>Limitations.
Except as otherwise provided herein, for any breach or default by ATSI of any of the provisions of this Agreement, or with respect to any claim arising here from or related hereto, ATSI and its licensors’ entire liability, if any, shall in no event exceed annual fees paid to ATSI by Client pursuant to this Agreement in the calendar year in respect of which the cause of action first arose.
Client acknowledges that the fees quoted herein are consideration for the stated limits of liability and the subscription charges and consulting fees (if applicable) would have been substantially higher if ATSI were to assume any further liability other than as set forth herein this paragraph.
In no event will ATSI and its licensors be liable for special, incidental, indirect, or consequential loss or damage, lost business revenue, loss of profits, loss of data, loss of cover, damages for delay, punitive or exemplary damages, failure to realize expected profits or savings or any claim against Client by any other person, even if ATSI and its licensors have been advised of the possibility of any such losses or damages and even if the remedy set forth herein shall be deemed to have failed of its essential purpose.</li>
<li>" |
|
PENDING |
docbot Bot |
| Direct.me |
"However, Direct.me will use its reasonable endeavors to carry out any such maintenance of Direct.me and/or any Premium Channel outside of business hours (Pacific Coast time) and will endeavor to give reasonable notice where possible, however this may not always be possible;</p>
<p>
<b>9.1.3</b> in no event shall Direct.me be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) Direct.me or any of its services or features, nor shall Direct.me be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact us at as we are happy to help prevent continuance of such distribution where we are reasonably able to do so.
and</p>
<p>
<b>9.1.4</b> in no event shall our total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) Direct.me or any of its services or features, exceed one hundred U.S.
dollars ($100.00).
" |
|
PENDING |
docbot Bot |
| furrymate |
"FurryMate's total liability to you in connection with these terms of use or the use of the Services or the Site shall be to the fees paid by you to FurryMate for use of the Services.
</p>
<p> </p>
<p>Indemnity</p>
<p>" |
|
PENDING |
docbot Bot |
| BitPay |
"VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR BITPAY ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN.
IN NO EVENT WILL OUR LIABILITY FOR ANY DAMAGES ARISING IN CONNECTION WITH THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID BITPAY FOR YOUR USE OF THE SERVICES IN THE PRIOR SIX (6) MONTHS.
AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
</p>
<p> EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES.
" |
|
PENDING |
docbot Bot |
| Credit Karma |
"Return to the table of contents</p>
8.
Limitation of Liability
<p>
<strong>CREDIT KARMA AND ITS REPRESENTATIVES, AGENTS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (COLLECTIVELY, THE “CREDIT KARMA PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO OUR SERVICES, OUR CONTENT OR THE COMMUNITY CONTENT.</strong>
</p>
<p>
<strong>EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10 (DISPUTE RESOLUTION AND ARBITRATION) OR REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL THE TOTAL LIABILITY OF THE CREDIT KARMA PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, OUR SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED UNITED STATES DOLLARS ($100.00).</strong>
</p>
<p>
<strong>IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE CREDIT KARMA PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.</strong>
</p>
Summary
<p>Sorry for the bold and all-caps again.
" |
|
PENDING |
docbot Bot |
| Ionos |
"SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
IN SUCH COUNTRIES, STATES OR JURISDICTIONS, IONOS’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, IONOS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE 1&1 IONOS Inc.
SERVICES, AND IONOS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES.
YOU HEREBY RELEASE IONOS FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.
THE TOTAL LIABILITY OF IONOS FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO IONOS IN THE SIX MONTHS " |
|
PENDING |
docbot Bot |
| TruthFinder |
"Unless otherwise agreed, the arbitration shall take place in the capital city of the state in which the consumer resides, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S.
dollars (if the claimant so chooses).</p>
<p>
<strong>BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL</strong>.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury.
" |
|
PENDING |
docbot Bot |
| Tinder |
"Tinder is not responsible or liable for such third parties' terms or actions.</p>
14.
Limitation of Liability.
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TINDER, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE.
OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF TINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL TINDER’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO TINDER FOR THE SERVICE AND USD100 WHILE YOU HAVE AN ACCOUNT.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.</p>
15.
Arbitration, Class-Action Waiver, and Jury Waiver.
<p>" |
|
PENDING |
docbot Bot |
| Square |
"Limitations of Liability and Damages <p>As described below, if something bad happens because of your use of our services, our liability is capped.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SQUARE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE.
IN ALL CASES, SQUARE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.</p>
<p>UNDER NO CIRCUMSTANCES WILL SQUARE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR SQUARE ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF SQUARE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.</p>
<p>THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.</p> 19.
Third Party Products <p>All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product.
" |
|
PENDING |
docbot Bot |
| Signaturely |
"No waiver by Signaturely of any breach by you of any condition or provision of this Agreement shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by Signaturely in exercising any right, power, or privilege under this Agreement operate as a waiver to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
For purposes of this section, any reference to Signaturely shall include Signaturely’s Affiliates, shareholders, directors, officers, employees, agents and contractors.
11.
LIMITATION OF LIABILITY To the extent permitted by law, in no event shall Signaturely have any liability to you for any indirect, special, incidental, punitive, or consequential damages (including for loss of profit, revenue, or data) arising out of or in connection with the Site or this Agreement, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, indemnification or other tort theory of liability) even if advised of the possibility of such damages.
To the extent permitted by applicable law, Signaturely’s total cumulative liability to you or any third-party arising out of or in connection with the Site or this Agreement, from all causes of action and all theories of liability, will be limited to and will not exceed One Hundred Dollars ($100.00).
" |
|
PENDING |
docbot Bot |
| PandaDoc |
"ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF PANDADOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
AND/OR (II) ANY BUGS, VIRUSES, TROJAN HORSES, AND/OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). .
THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY PANDADOC ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. .
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, IN SUCH STATES, PANDADOC’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.</p>
<p>PANDADOC’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID BY YOU TO PANDADOC IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
" |
|
PENDING |
docbot Bot |
| Restream |
"OR DATA OR OTHER LOSSES AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.</b>
<br>
<br>
<b> The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.</b>
<br>
<br>
<b> In any case, our aggregate liability under this Agreement shall be limited to the amount actually paid by you to us hereunder for the Services.</b>
<br>
<br>
<b> THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.</b>
" |
|
PENDING |
docbot Bot |
| Tinkercad |
"18.
Limitation of Liability.</b> TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, (1) IN NO EVENT WILL OUR PARTIES BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL ANY OF THE FOREGOING PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY OR OF NO FAULT ON ITS BEHALF.
AND (2) THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF OUR PARTIES FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) ALL AMOUNTS PAID OR DUE FROM YOU, IF ANY, FOR ACCESS TO OR USE OF THE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM (NO MATTER WHEN PAYMENTS WERE ACTUALLY MADE).</p>
<p>
<b>19.
Term, Termination and Suspension.</b>" |
|
PENDING |
docbot Bot |
| Bodybuilding.com |
"BODYBUILDING.COM SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY IN ARBITRATION OR OTHERWISE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER.
IN NO EVENT SHALL BODYBUILDING.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, OR $100 (WHICHEVER IS LESS).</li>
<li>BODYBUILDING.COM DISCLAIMS, AND YOU WAIVE, ALL EXPRESS OR IMPLIED PRODUCT RELATED REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
" |
|
PENDING |
docbot Bot |
| Bodybuilding.com |
"OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE BODYFIT PROGRAM OR YOUR PAID MEMBERSHIP.
OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF THE LAST MEMBERSHIP FEE YOU PAID.
THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PAID OR FREE MEMBERSHIP.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Bodybuilding.com |
"</ol>
<p>Bodybuilding.com provides the Site (including all Content) “as is” without warranty of any kind, whether express or implied.
You are solely responsible for damage that results from the use of the Site including, but not limited to, damage to your computer system or loss of data.</p>
<p>BODYBUILDING.COM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. .
 .
 .
</p>
<p>BODYBUILDING.COM SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, OR $100 (WHICHEVER IS LESS). </p>
" |
|
PENDING |
docbot Bot |
| mail.ch |
"Termination shall take place following a warning from mail.de unless mail.de cannot be expected to maintain the contract for an important reason.
</p>
<p> If termination without notice is declared by mail.de, then mail.de shall be entitled to claim an amount equalling 75% of the total of all monthly fees that the customer would normally have had to pay if the contract had been terminated with the appropriate notice during the contract period.
The right of the customer to prove less damage shall remain unaffected by this.
</p>
<p> If the contract is terminated for an important reason, then mail.de shall be entitled to block the customer's e-mail in-box.
</p> 8.4 <p> Furthermore, mail.de reserves the right to block access to offers that are free of charge if the customer has not used the services actively for a period longer than 180 consecutive days.
</p> " |
|
PENDING |
docbot Bot |
| Burning Man Project |
"(iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BURNING MAN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU PAID TO BURNING MAN, IF ANY, FOR USE OF THE SERVICE.</li>
<li>
<strong>Termination.</strong> " |
|
PENDING |
docbot Bot |
| Burning Man Project |
"(iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BURNING MAN'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BURNING MAN FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.</li>
<li>
<strong>Termination.</strong> " |
|
PENDING |
docbot Bot |
| zenfolio |
"OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
IN NO EVENT WILL ZENFOLIO PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100) WITH RESPECT TO END USER SERVICES, OR THE AMOUNT OF SIX (6) MONTHS OF YOUR OF SUBSCRIPTION FEES FOR PHOTOGRAPHER SERVICES.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| xapo |
"#
18.
LIMITATION OF LIABILITY <p>IN NO EVENT WILL WE, OUR LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS (IF ANY) BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF
USE, LOSS OF DATA OR LOSS OF GOODWILL), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, OR THE
PERFORMANCE OR OPERATION OF OUR SERVICES, YOUR ACCESS TO, DISPLAY OF, USE OF THE SERVICES, OR WITH DELAY OR
INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES,
PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, OR THE ACT OR OMISSION OF ANY BUSINESS USING OUR SERVICES
OR OTHER THIRD PARTY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE, OUR LICENSORS,
SERVICE PROVIDERS OR SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>In no event will the aggregate liability of Xapo, our licensors, service providers, or subcontractors for any
loss or damage that arises out of, or is connected with, any of the occurrences described above exceed the
greater of $100 or the service fees that you paid to us for the service we provide through the Services during
the month during which the incident occurred.
The limitation of liability reflects the allocation of risk
between the parties.
" |
|
PENDING |
docbot Bot |
| WeatherBug |
"OR INDIRECTLY BEEN IMPLIED, CONDONED OR RECOMMENDED BY WEATHERBUG AND/OR ITS DATA SUPPLIERS.
MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WEATHERBUG BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DEALINGS OR AGREEMENTS BETWEEN YOU AND A THIRD PARTY, THE USE OF THE SOLUTION, WITH THE DELAY OR INABILITY TO USE THE SOLUTION, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH THE SOLUTION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WEATHERBUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, TOTAL LIABILITY OF WEATHERBUG FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SOLUTION SHALL NOT EXCEED $500 (US) OR THE AMOUNT PAID BY YOU TO WEATHERBUG (FOR USE OF THE SOLUTION) DURING THE TWELVE (12) MONTHS PRECEDING ANY CLAIM, WHICHEVER IS GREATER.</li>
<br>
<li>
<strong>HIGH RISK ACTIVTIES.</strong> " |
|
PENDING |
docbot Bot |
| xapo |
"LIMITATION OF LIABILITY
<p>IN NO EVENT WILL WE, OUR LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS (IF ANY) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, OR THE PERFORMANCE OR OPERATION OF OUR SERVICES, YOUR ACCESS TO, DISPLAY OF, USE OF THE SERVICES, OR WITH DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, OR THE ACT OR OMISSION OF ANY BUSINESS USING OUR SERVICES OR OTHER THIRD PARTY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE, OUR LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>In no event will the aggregate liability of Xapo, our licensors, service providers, or subcontractors for any loss or damage that arises out of, or is connected with, any of the occurrences described above exceed the greater of $100 or the service fees that you paid to us for the service we provide through the Services during the month during which the incident occurred.
The limitation of liability reflects the allocation of risk between the parties.
" |
|
PENDING |
docbot Bot |
| Cronometer |
"CRONOMETER CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR FREE OR SECURE ACCESS TO THE SITE, OR SERVICES.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL CRONOMETER BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO CRONOMETER.<br>
<br>APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, " |
|
PENDING |
docbot Bot |
| HackerRank |
"EXCEPT AS MAY BE SET FORTH IN ANY SEPARATE SIGNED AGREEMENT BETWEEN INTERVIEWSTREET AND A YOU, INTERVIEWSTREET DOES NOT WARRANT THAT HACKERRANK WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERRORFREE, THAT DEFECTS WILL BE CORRECTED, OR THAT HACKERRANK IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INTERVIEWSTREET OR HACKERRANK SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.</li>
<li>EXCEPT AS MAY BE SET FORTH IN ANY SEPARATELY SIGNED AGREEMENT BETWEEN INTERVIEWSTREET AND YOU, NEITHER INTERVIEWSTREET NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INTERVIEWSTREET’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO INTERVIEWSTREET FOR HACKERRANK IN THE SIX (6) MONTHS " |
|
PENDING |
docbot Bot |
| TikTok |
"(V) ANY LOSS OF BUSINESS.
(VI) ANY BUSINESS INTERRUPTION.
(VII) ANY LOSS OF BUSINESS REPUTATION.
OR (VIII) ANY INDIRECT OR CONSEQUENTIAL LOSSES OF WHATEVER NATURE. </strong>
</li>
<li>
<strong>SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 12, OUR TOTAL AGGREGATE LIABILITY WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS AND THE PROVISION AND RECEIPT OF THE SERVICES WILL BE LIMITED TO THE HIGHER OF: (I) THE AMOUNT PAID BY YOU TO TIKTOK WITHIN THE 12 MONTH PERIOD IMMEDIATELY " |
|
PENDING |
docbot Bot |
| Etsy |
"SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>LIABILITY LIMITS.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ETSY, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS.
IN NO EVENT SHALL ETSY’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID ETSY IN THE PAST TWELVE MONTHS.
" |
|
PENDING |
docbot Bot |
| Read Aloud |
"Any use of websites linked to the Products but operated by third parties.</li>
</ol>
</li>
<li>To the extent permitted by law, LSD Software and its affiliates, suppliers, clients, or licensors (collectively, the “Protected Entities”) shall not be liable for any consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Products or the content, materials and functions related thereto, your provision of information via the Products, or lost business or lost sales, or any errors, viruses or bugs contained in the Products, even if such Protected Entity has been advised of the possibility of such damages.
In no event shall the Protected Entities 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 Products.
In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms of use or your use of the Products exceed, in the aggregate, the amount, if any, paid by you to LSD Software for your use of the Products.</li>
</ol> 13.12 ARBITRATION <p>PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH LSD SOFTWARE, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LSD SOFTWARE.</p>
<ol>
<li>Applicability of Arbitration Agreement.
" |
|
PENDING |
docbot Bot |
| Keeper |
"Limitation of Liability<p>
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL KEEPER SECURITY OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS.
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF KEEPER SECURITY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
<br>
<br> IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, KEEPER SECURITY IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION [WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), SOFTWARE LIABILITY OR OTHERWISE], THE MAXIMUM AGGREGATE LIABILITY OF KEEPER SECURITY TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY KEEPER SECURITY TO YOU IN THAT TWELVE (12) MONTH PERIOD.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.</p>Restricted Persons, Export of Software or Technical Data
<p>You hereby warrant that you are not a "Restricted Person".
For purposes of this Agreement, you are a "Restricted Person" if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Software is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria or any other country with which U.S.
persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S.
Treasury Department.
" |
|
PENDING |
docbot Bot |
| Cotton Bureau |
"OR RELIANCE ON, ANY INFORMATION OR MATERIAL FROM OTHERS.</p>
<p>YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILITY OF COTTON BUREAU AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE COTTON BUREAU SERVICES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US.</p> Disputes <p>We hope and trust that our relationship will always be satisfactory.
" |
|
PENDING |
docbot Bot |
| IObit |
"UNDER NO CIRCUMSTANCES SHALL IOBIT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF THE PRODUCT OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION, COMPUTER FAILURE, WORK STOPPAGE OR ANY OTHER DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>
<p>
<strong>Section 7.
Limitation on Liability.</strong> IOBIT SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE PRODUCT OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
IOBIT’S TOTAL LIABILITY SHALL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE PRODUCT.</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| IdenTrust |
"The material in this site is provided for lawful purposes only.</p>
<p>
<strong>RESTRICTION OF LIABILITY</strong>
</p>
<p>IdenTrust will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
IdenTrust will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if IdenTrust is negligent as to such damages or an authorized IdenTrust representative has been advised of the possibility of such damages, or both.
The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
In any event, IdenTrust's total liability to you for all losses, damages, and causes of action (in contract, tort, or otherwise) shall not be greater than the amount paid to access this site.</p>
<p>
<strong>DISCLAIMER</strong>
</p>
<p>The material in this site could include technical inaccuracies or typographical errors.
IdenTrust may make changes or improvements at any time.
THE MATERIAL IN THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
IDENTRUST DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
" |
|
PENDING |
docbot Bot |
| Guilded |
"SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. </p>
<p>
<em>Limitation of Liability</em>.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE GUILDED PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO GUILDED IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.
" |
|
PENDING |
docbot Bot |
| VoIP Supply |
"Please make checks payable to VoIP Supply.
The amount of the check must be exactly the total of the order (which includes the shipping and handling fee, and sales tax, if applicable.) " |
|
PENDING |
docbot Bot |
| Njalla |
"1337 is furthermore not responsible or liable for the deletion or of failure to store any content and other communications maintained or transmitted through the use of the Services.
You agree that the entire risk arising out of your use of the Services remains solely with you to the extent permitted under applicable law, and that you waive and release 1337 from all liability, claims or damages arising from, or that are in any way related to, the performance of the Services, including direct and indirect, incidental, special, punitive, consequential or any other damages, such as lost data, personal injury, lost profits, or property damage related to, in connection with, or otherwise resulting from any use of the Services.
</p>
<p> 7.2
1337 does not guarantee the quality, suitability, safety or ability of any third party service providers, such as the service providers for whom 1337 is reselling the domain names, and cannot be made responsible for any actions or services performed, or products delivered, by such third party service providers.
You therefore waive and release 1337 from all liability, claims or damages arising from, or that are in any way related to any third party service providers.
1337 will not be a party to disputes or negotiations between you and such third party service providers.
</p>
<p> 7.3
In no event shall 1337’s total liability to you exceed the amount paid for the Services during the 12 month period preceding the date the liability arose.
" |
|
PENDING |
docbot Bot |
| Audioboom |
"punitive damages.</p>
</li>
</ul>
<p>Except as expressly described in these Terms, we don’t make any promises in relation to the subscription(s) you bought.
Any promise which might be implied or incorporated into these Terms or a contract by law or otherwise is excluded to the fullest extent permitted by law.
In particular, we won’t be responsible for ensuring that the subscription you have selected is suitable for your purposes, that use of the platform will meet your requirements, that the service we provide will be uninterrupted, timely, secure or error-free, or that defects in the operation or functionality of the platform will be corrected.</p> What we restrict our liability for if you have bought a subscription online <p>Except for the liability we have to you under What we don’t restrict our liability for and the Liability that we exclude, the most we will be liable to you for :</p>
<ul>
<li>
<p>in relation to a subscription that you have bought, is an amount equal to the subscription fees you have paid in the 12 months before the event that gives rise to the claim</p>
</li>
<li>
<p>if we otherwise fail to comply with these Terms or you have any other claim against us in connection with the platform, for an amount up to £100.</p>
</li>
</ul> What we restrict our liability for if you have an advertising agreement with us <p>Our liability to you in respect of any subscription that you buy from us offline, is set out in your advertising agreement with us.</p> General Our content (including our software) <p>" |
|
PENDING |
docbot Bot |
| Horoscope.com |
"WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH:<br>
<br>
<b>(a)</b> THE USE OF OR THE INABILITY TO USE THE COMPANY PROPERTIES.
<br>
<br>
<b>(b)</b> ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE COMPANY PROPERTIES, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE COMPANY PROPERTIES.
OR<br>
<br>
<b>(c)</b> LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA.<br>
<br>
THE LIABILITY OF COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND SUPPLIERS TO YOU OR ANY THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THE COMPANY PROPERTIES, OUR PRIVACY POLICY, OR THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE) IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US AFTER PAYMENTS TO ADVISORS AND OTHER THIRD PARTIES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $200.<br>
<br>
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
" |
|
PENDING |
docbot Bot |
| DEPRECATED #63 |
"OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.</p>
<p>Please note that some jurisdictions do not allow the type of exclusion listed above, so some of these exclusions may not apply to You.</p> 12.
Limitation of Liability <p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SYNC.COM, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SYNC.COM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL BE NO MORE THAN THE GREATER OF $100 USD OR THE AMOUNTS PAID BY YOU TO SYNC.COM FOR THE MOST RECENT TWELVE-MONTH PERIOD FOR THE SERVICES IN QUESTION.</p>
<p>" |
|
PENDING |
docbot Bot |
| Xfinity |
"THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.
</p>
<p>
<strong>h.
Arbitral Fees and Costs </strong>If your claim seeks more than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be governed by the AAA Rules.
" |
|
PENDING |
docbot Bot |
| NewDayUSA |
"FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, THE ARBITRATOR, YOU MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR " |
|
PENDING |
docbot Bot |
| Off The Record |
"OTR disclaims all warranties, including warranties of non-infringement and title, merchantability, and fitness for a particular purpose.
In addition, OTR makes no guarantees or promises regarding uptime, accessibility, or that the OTR properties will remain updated, complete, correct or secure.</p>
<li>LIMITATION OF LIABILITY</li>
<p>TO THE FULLEST EXTENT UNDER APPLICABLE LAW, IN NO EVENT WILL OTR OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS OR REVENUES, OR ANY LOSS OF DATA, HOWEVER THEY MAY BE INCURRED, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, ACCESS TO, OR INABILITY TO ACCESS, THE OTR SERVICES OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE OUTCOME OF ANY LEGAL MATTER.
</p>
<p>TO THE FULLEST EXTENT UNDER APPLICABLE LAW THE TOTAL LIABILITY OF OTR OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE OTR SERVICES OR THE SOFTWARE WILL BE LIMITED TO THE LESSER OF $100 OR THE TOTAL AMOUNT YOU PAID TO OTR TO USE THE OTR SERVICES AND SOFTWARE DURING THE COURSE OF THE LAST 12 MONTHS PRECEDING THE FILING OF SUCH CLAIM.</p>
<li>INDEMNITY</li>
<p>" |
|
PENDING |
docbot Bot |
| OnlyFans |
"Who is responsible for any loss or damage suffered by you?</strong>
</p>
<ol>
<li>
<u>Whether you are a consumer or business User:</u> We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.</li>
<li>
<p>
<u>If you are a consumer User:</u> If you are a consumer User, you agree that:</p>
<ul>
<li>We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of OnlyFans.</li>
<li>If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.</li>
</ul>
</li>
<li>
<p>
<u>" |
|
PENDING |
docbot Bot |
| searchinfotoday |
"The arbitrator will decide who will ultimately be responsible for paying those fees.
In no event will you be required to reimburse AMG for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the claim had been resolved in court.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
" |
|
PENDING |
docbot Bot |
| WetHunt |
"OR (F) ANY OTHER MATTER RELATING TO THE SERVICE.</p>
<p>
<br>
</p>
<p>IF, NOT WITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, WetHunt IS FOUND LIABLE UNDER ANY THEORY, WetHunt LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID TO WetHunt OR USD $100.
THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER WetHunt WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Radio.co |
"To the extent permitted by law, we exclude all warranties.
</p>
Liability for our Services
<p>When permitted by law, Radio.co and Radio.co’s suppliers and distributors will not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
</p>
<p>To the extent permitted by law, the total liability of Radio.co and its suppliers and distributors for any claims under these terms, including for any implied warranties, is limited to the amount that you paid us to use the Services (or, if we choose, to supplying you with the Services again).
</p>
<p>" |
|
PENDING |
docbot Bot |
| connexity |
"AND (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.</p>
<p>
<strong>15.  .
LIABILITY LIMITATIONS</strong>
</p>
<p>15.1  .
ANY LIABILITY OF CONNEXITY OR ANY OF ITS AGENTS, MERCHANTS, OR AFFILIATES INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO A MAXIMUM AGGREGATE AMOUNT EQUAL TO THE AMOUNT YOU HAVE BEEN PAID BY CONNEXITY FOR YOUR PARTICIPATION IN THE PROGRAM IN THE TWO (2) MONTH PERIOD IMMEDIATELY PRIOR TO THE LIABILITY OCCURRING.</p>
<p>" |
|
PENDING |
docbot Bot |
| Gigworker.com |
"HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR WHETHER CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID, IF ANYTHING, TO ACCESS OUR SITE.
YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE OR ANY PART THEREOF OR " |
|
PENDING |
docbot Bot |
| GeForce NOW |
"OR THAT GFN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.</p>
<p>
<strong>
<u>13.
LIMITATION OF LIABILITY.</u>
</strong>
</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR THE PERFORMANCE OF GFN, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY.
IN NO EVENT WILL NVIDIA’S AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THESE TERMS EXCEED THE AMOUNTS PAID FOR GFN USE DURING THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT.
THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
The exclusions and limitations of liability in these terms form an essential basis of the bargain between the parties, and, absent any such exclusions or limitations of liability, the terms, including the economic terms, would be substantially different.</p>
<p>
<strong>
<u>14.
GOVERNING LAW.
" |
|
PENDING |
docbot Bot |
| Slowly |
"Notwithstanding anything to the contrary contained herein, and to the extent that a judgment is rendered in a court of competent jurisdiction disregarding one or more of the warranty disclaimers and liability limitations contained herein, our aggregate liability to you shall not exceed one hundred dollar ($100).</p>
<p>
<strong>13.
Exclusions and Limitations</strong>
</p>
<p>Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
" |
|
PENDING |
docbot Bot |
| TermsFeed |
"Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your Account, You may simply discontinue using the Service.</p>
Limitation of Liability
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware
used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| AIRSENSE Analytics |
"For each week of delay, AIRSENSE Analytics GmbH may demand flat-rate compensation in the sum of 3% of the value of the delivery but no more than a maximum of 15% of the delivery value, although AIRSENSE remains free to prove higher damages.
" |
|
PENDING |
docbot Bot |
| Speaker Deck |
"Limitation of Liability <p>In no event will Speaker Deck LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement or substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to Speaker Deck LLC under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Noixion |
"THIS INCLUDES WITHOUT LIMITATION ANY DAMAGES RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM NOIXION.
MISTAKES, DELETIONS, ERRORS, VIRUSES, TRANSMISSION DELAYS.
ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NOIXION’s RECORDS, PROGRAMS OR SERVICES.
AND</li>
<li>IN NO CASE SHALL THE AGGREGATE LIABILITY OF NOIXION EXCEED THE AMOUNT CORRESPONDING TO YOUR PAYMENTS MADE BY YOU, IF ANY, FOR USING NOIXION SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE CLAIM DATE " |
|
PENDING |
docbot Bot |
| Prosum Solutions |
"NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| FreeSamplesProUSA |
"Costs of Arbitration <p> Unless otherwise stated in this Agreement to Arbitrate, all payments related to filing, administration and arbitrator fees (Arbitration Costs) will be governed by the AAA’s rules Where the value of the relief sought is less than or equal to $10,000 the Company may, at your request, pay all filing, administration, and arbitrator fees related to the arbitration.
" |
|
PENDING |
docbot Bot |
| Oscar Insurance |
"AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.<strong>Limitation of Liability</strong>TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.<strong>" |
|
PENDING |
docbot Bot |
| Translate |
"You agree to resolve any claim, dispute, or controversy according to the arbitration provision in the Terms of Service of Translate.com.</li>
<li>
<strong> Remedy.</strong> Except as provided by the act and this agreement, arbitration shall be the sole, exclusive, and final remedy for any dispute between consultant and the company.
Accordingly, except as provided for by the act and this agreement, neither consultant nor the company will be permitted to pursue court action regarding claims that are subject to arbitration.</li>
</ol>
<p>Any breach of Section 2 or 3 will cause irreparable harm to Company for which damages would not be an adequate remedy, and therefore, Company will be entitled to injunctive relief with respect thereto in addition to any other remedies.</p>
<ol>
<li>
<strong> Liability Limitation.</strong> Notwithstanding anything else herein, except for indemnity obligations or breaches of confidentiality, in no event will either party be liable to the other party with respect to this agreement under any legal or equitable theory for (i) any special, indirect, incidental, or consequential damages, or (ii) any amount in the aggregate in excess of the fees paid (or payable) to such party by the other party hereunder.</li>
<li>
<strong> Miscellaneous.</strong> " |
|
PENDING |
docbot Bot |
| Watne Household Site |
"Limitation of liability
<p>To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.</p>
" |
|
PENDING |
docbot Bot |
| Evolucix |
"WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN AS IS BASIS.
<strong>8.
Limitation of Damages.</strong> NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Evolucix AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY THE CUSTOMER FOR THREE MONTHS OF SERVICE.
<strong>" |
|
PENDING |
docbot Bot |
| Polarbackup |
"OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.</p>
<p>BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.</p>
<p>YOU SPECIFICALLY AGREE THAT Polar Backup, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS OR IN ANY WAY RELATING TO THE PRODUCTS.</p>
<p>IF YOU HAVE A PAID ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF Polar Backup, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO THE AMOUNT PAID FOR THAT ACCOUNT DURING THE 30 DAY PERIOD BEFORE THE RELEVANT CLAIM.</p>
<p>These Terms and the relationship between you and Polar Backup will be governed by the laws of Finland, excluding its conflicts of law provisions.
" |
|
PENDING |
docbot Bot |
| 7 Data Recovery |
"ANY ACTION BROUGHT AGAINST 508 SOFTWARE PERTAINING TO OR IN CONNECTION WITH THE WEBSITE AND PRODUCTS MUST BE COMMENCED AND NOTIFIED TO 508 SOFTWARE IN WRITING WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE CAUSE OF ACTION AROSE.</p>
<br>
<p>
<strong>22.4 Limitation of Liability</strong>.
IN NO EVENT SHALL 508 SOFTWARE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE COST OF THE PRODUCT(S) PURCHASED OR LICENSE PURCHASED.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
" |
|
PENDING |
docbot Bot |
| Pawshake |
"Certain jurisdictions do not allow the exclusion or limitation of certain warranties or limitation of incidental or consequential damages, so the foregoing limitations may not apply to you.
If, notwithstanding the foregoing exclusions, it is determined that Pawshake or its affiliates, officers, directors, employees, agents or third party providers are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed one hundred US dollars ($100.00), excluding any obligations to pay amounts to hosts or refunds to members pursuant to these terms.</p>
<p>No Liability for non-Pawshake Actions.
" |
|
PENDING |
docbot Bot |
| Simitless |
"Additional compensation may be claimed, on supporting documents, when the recovery costs incurred exceed the amount of the lump-sum compensation.</p>
<p>" |
|
PENDING |
docbot Bot |
| Museum Explorer |
"Limitation of Liability</u>
</strong>.
WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY MATTER ARISING OUT OF THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY DAMAGES WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION FOR ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOSS OF GOODWILL, LOST PROFITS OR GOODWILL, LOST OR DAMAGED DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SUFFERED BY YOU AND/OR ANY THIRD PARTY.
YOUR SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE SOFTWARE IS TO STOP USING IT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED US$1,000.
" |
|
PENDING |
docbot Bot |
| YouTube |
"</ol>
<p>THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.</p>
<p>YOUTUBE AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT YOUTUBE HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO YOUTUBE, OF THE CLAIM.
" |
|
PENDING |
docbot Bot |
| Owl Labs |
"ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE, ANY WEBSITE LINKED TO THIS WEBSITE, THE SERVICES,OR THE INFORMATION OR MATERIALS CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OWL LABS BE LIABLE TO YOU OR ANY OTHER PARTY IN EXCESS OF THE AMOUNTS PAID TO OWL LABS BY YOU.
THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY CLAIMS OR CLAIMS FOR CONSUMER FRAUD.</p>
<p>IN THE EVENT OF ANY PROBLEM WITH YOUR USE OF THE WEBSITE OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE OR SERVICES.</p>
<p> </p>
19) Termination.
<p>" |
|
PENDING |
docbot Bot |
| WhatPulse |
"We have backups, but things can happen.
Limitation of Liability
<p>In no event will WhatPulse, its subsidiaries, agents, officers, affiliates or other partners, and employees, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for any special, incidental or consequential damages, the cost of procurement of substitute products or services, for interruption of use or loss or corruption of data, or for any amounts that exceed the fees paid by you to WhatPulse under this agreement during the 12 month period prior of the cause of action.
" |
|
PENDING |
docbot Bot |
| Distrokid |
"WE CANNOT GUARANTEE THAT ACCESS TO OR USE OF THE SITE AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE.
WE EXPRESSLY DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW.
NEITHER DISTROKID NOR ANY OF OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AGENTS, PREDECESSORS, SUCCESSORS, LICENSORS OR ASSIGNS SHALL BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE OR SERVICES OR ANY OF THE INFORMATION OR MATERIALS PROVIDED ON THE SITE OR SERVICES, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
THE FOREGOING IS APPLICABLE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
" |
|
PENDING |
docbot Bot |
| ZoomInfo |
"TO THE FULLEST EXTENT PERMITTED UNDER LAW, ZOOMINFO AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM OR ANY CONTENT PROVIDED BY OR THROUGH THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
SOME STATES 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.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZOOMINFO’S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.</p>
<p>
<strong>Indemnity</strong>.
" |
|
PENDING |
docbot Bot |
| Kami |
"Indemnification <p>To the fullest extent permitted by law, You agree to indemnify, defend and hold harmless Kami and Kami’s officers, directors, employees, agents, and representatives, from and against any and all claims, damages, expenses, judgments, fines, and amounts paid in settlement in connection with any proceeding arising from your breach of this Agreement or your use of the Products (except for any gross negligence on the part of Kami).</p> Limitation of Liability <p>To the fullest extent permitted by law, in no event will Kami, its affiliates, suppliers or distributors be liable for.
<b>(a)</b> any indirect, special, incidental, punitive, exemplary or consequential damages or any loss of use, data, business, or profits, regardless of legal theory, whether or not Kami has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose, and <b>(b)</b> aggregate liability for all claims relating to the services more than the greater of $20 or the amounts paid by you to Kami for the past 12 months of the services in question.
" |
|
PENDING |
docbot Bot |
| Little Caesar's |
"or </p>
<p> f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.</p>
<p>The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if LCE Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
</p>
<p>
<strong>EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LCE PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID LCE IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.</strong>
</p>
<p>FOR PURPOSES OF CLARITY, THIS SECTION DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT TERMS THAT ARE PROVIDED TO YOU BY LCE PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD OR PROVIDED BY LCE PARTIES TO YOU OR LIABILITY FOR DIRECT DAMAGES FOR PERSONAL INJURY CAUSED BY A PHYSICAL PRODUCT SOLD OR PROVIDED BY LCE PARTIES TO YOU" |
|
PENDING |
docbot Bot |
| GL.iNet |
"FURTHER, GL.iNet DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS FOR THE ACCURACY AND RELIABILITY THE MATERIALS ON WEBSITE OR ON ANY SITES LINKED TO THIS ONE.</b>
</p>
<p>
<b>DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SERVICE OR ANY LINKED WEBSITE.</b>
</p> 11.
LIMITATION OF LIABILITY <p>
<b>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GL.INET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY CIRCUMSTANCES (EVEN IF GL.INET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE DAMAGES ABOVE ARE FOR ANY ASPECT OF YOUR USE OF SERVICE, INCLUDING LOSS OF DATA OR PROFIT, WHICH MAY ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE.</b>
</p>
<p>
<b>AND IN NO EVENT SHALL GL.INET'S ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR THE PRODUCT/SERVICE.
AS SOME JURISDICTION DO NOT ALLOW DISCLAIMER OF CERTAIN WARRANTIE, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.</b>
</p> " |
|
PENDING |
docbot Bot |
| Next |
"and/or (v) business interruption, loss of business, contracts, opportunity and/or production.
<br>
<br>
11.5) Next’s total liability to the Customer in relation to any one claim shall not exceed the value of the individual Goods to which the claim relates.
<br>
<br>
11.6) " |
|
PENDING |
docbot Bot |
| Ownage Pranks |
"We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.</p>
<p> </p>
LIMITATION OF LIABILITY
<p>OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY BETWEEN YOU AND OP MEDIA WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE OR IN THE ALTERNATIVE, IF NO AMOUNT WAS PAID FOR THE SERVICE, OUR LIABILITY SHALL NOT EXCEED $500.
WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY CONDUCT OR CONTENT OF OP MEDIA OR OF ANY THIRD PARTY ON THE SERVICE.
CLAIMS UNDER THIS AGREEMENT MUST BE MADE WITHIN A REASONABLE TIME (ASSUMED TO BE ONE YEAR).</p>
<p> </p>
<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION SHALL NOT APPLY TO: (I) YOUR VIOLATION OF THE TCPA OR ANY COMMUNICATION OR CONSUMER-PROTECTION RELATED LAW OR REGULATION.
" |
|
PENDING |
docbot Bot |
| Degoo |
"The Liabilities of Degoo<p>8.1 Degoo is not responsible for Content in or access to User Accounts or linked content.
By providing access to the Services, Degoo is not responsible for intellectual property infringement.</p>
<p>8.2 The User is aware of the fact and accepts that system down time, system disruption and system disorders in relation to the Platform, Services, Software, data systems or data networks might occur from time to time.
The User is further made aware that the quality of the Services is affected by the quality of networks, internet suppliers and third party’s server and data performances, including subcontractors.
Degoo does not warrant or guarantee certain accessibility in regards to the Services.
</p>
<p>8.3 The User is in no event entitled to compensation due to defaults or improper functioning of the Services.</p>
<p>8.4 DEGOO’S AGGREGATE LIABILITY WITH RESPECT TO THE SERVICES AND THE PLATFORM SHALL BE LIMITED TO DIRECT DAMAGE OF PROPERTY AND IN TOTAL NOT EXCEED THE ANNUAL AMOUNT PAYABLE BY USER FOR THE SERVICES.
DEGOO IS NOT LIABLE FOR ANY INDIRECT LOSSES OR INDIRECT DAMAGE, SUCH AS LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF POTENTIAL AGREEMENTS AND LOSS OF DATA OR CONTENT.
DEGOO IS IN NO EVENT LIABLE FOR THE USER’S OR " |
|
PENDING |
docbot Bot |
| Brigit |
"Brigit expressly
disclaims, and user expressly releases Brigit from, any and all
liability whatsoever for any controversies, claims, suits, injuries,
loss, harm and/or damages, arising from and/or in any way related to the
use of such links or the use of any such products or services from third
parties.</p>
18.
Limitation of Liability
<p>Under no circumstances will Brigit, or any of its successors, parents,
subsidiaries, affiliates, officers, directors, stockholders, investors,
employees, agents, representatives, attorneys and their respective
heirs, successors and assigns (the "Brigit Parties") be liable for any
damages, including direct, incidental, punitive, special, consequential
or exemplary damages that directly or indirectly result from the use of,
or the inability to use, the Site or the Services or the information
contained on the Site or the Services, including for viruses alleged to
have been obtained from the Site or the Services, even if Brigit has
been advised of the possibility of such damages.
In no event shall the
Brigit Parties' total liability to you for all damages, losses, and
causes of action whether in contract, tort (including, but not limited
to, negligence) or otherwise exceed the greater of (a) the amount of
fees earned by us in connection with your use of the Services during the
three (3) month period immediately preceding the event giving rise to
the claim for liability, or (b) $100.
Some jurisdictions may not allow
the exclusion of implied warranties in which case some of the above
exclusions may not apply to all users.</p>
19.
" |
|
PENDING |
docbot Bot |
| iSchoolConect |
"(iii) any content obtained from the Service.
and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
iSchoolConnect Inc.
and its affiliates total cumulative liability to you or any other party for any loss or damages resulting from claims, demands, or actions arising out of or relating to this Terms will not exceed $500.
</p>" |
|
PENDING |
docbot Bot |
| Privacy.com |
"Limitations of Liability and Damages<p> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRIVACY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE.
IN ALL CASES, PRIVACY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
</p>
<p> UNDER NO CIRCUMSTANCES WILL PRIVACY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR PRIVACY ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
</p>
<p> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PRIVACY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.
</p>
<p> THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PRIVACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
</p>Third Party Products<p> All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product.
" |
|
PENDING |
docbot Bot |
| DomainTools |
"EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT, OR ADVERTENT.</p>
<p>DOMAINTOOLS' ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED UNDER THESE TERMS AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE AMOUNT YOU PAID TO DOMAINTOOLS FOR THE SERVICE.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p> XIII.
" |
|
PENDING |
docbot Bot |
| invited.tv |
"OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.</p>" |
|
PENDING |
docbot Bot |
| Worldprofit |
"Worldprofit makes no warranties of any kind, whether express or implied, including any implied warranties of merchantability or fitness for a particular use.
Worldprofit takes no responsibility for any damages suffered by the Customer, including, but not limited to, loss of data, non-deliveries, missed deliveries or service interruptions.
In no event shall Worldprofit be liable for any special, incidental or consequential damages, including damages for loss of business profits, business interruption, loss of business information or other pecuniary loss, lost data, loss of computer time, failure to realize expected savings and any other commercial or economic loss of any kind arising in consequence of Worldprofit’s performance, failure to perform or other breach under this Agreement.
The Customer agrees that for any breach or default by Worldprofit in connection with this Agreement, regardless of whether such a breach is a fundamental breach, the Customer’s exclusive remedy shall be the payment by Worldprofit of the Customer’s damages up to a maximum amount equal to the aggregate License fees paid to the date of breach.<br>
WEBSITE TO RESIDE ON WORLDPROFIT SERVER</p>
<p>11.
The Customer acknowledges that, during the Term, the website shall reside on Worldprofit’s server.
During the License, Worldprofit shall make the website accessible to Internet users.</p>
<p>12.
Worldprofit does not represent or warrant to the Customer that the website will be accessible continually and on an uninterrupted basis from the Internet.
" |
|
PENDING |
docbot Bot |
| BanQu |
"therefore, the above exclusion may not fully apply to you.</p>
<p>Our liability shall be limited to the fullest extent permitted by applicable law.
Under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Services, even if we have been advised of the possibility of such damages.
Our aggregate liability arising out of or relating to these terms or the Services will not exceed the greater of $100 or the amount you have paid us in the past month.</p>
<p>" |
|
PENDING |
docbot Bot |
| Wordable |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Filestack |
"If Filestack elects to control the defense of the claim, you will reimburse Filestack for its reasonable defense costs and expenses as incurred.</p>
<p>
<strong>6.5 Limitation of Liability</strong>.
<strong>In the event you have a legal claim against any of the Filestack Persons, you agree that the maximum total amount of money you can recover from any or all of them cannot exceed the amount of fees you have paid or that are payable for Service for the six (6) months prior to the date the claim arose, unless the legal claim is based on a Filestack Person’s intentional misconduct or is for personal injury or death resulting from the negligence, recklessness or intentional misconduct of a Filestack Person.
" |
|
PENDING |
docbot Bot |
| lbn.in.ua |
"In no event will lbn.in.ua, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to lbn.in.ua under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Tailscale |
"The Indemnitor will promptly take control of the defense and investigation of such Action and will employ counsel of its choice to handle and defend the same, at the Indemnitor’s sole cost and expense.
The Indemnitee’s failure to perform any obligations under this Section 11(c) will not relieve the Indemnitor of its indemnity obligations under this Section 11, except to the extent that the Indemnitor can demonstrate that it has been materially prejudiced as a result of such failure.
The Indemnitee may participate in and observe the proceedings at its own cost and expense with counsel of its own choosing.</p>
</li>
</ol>
</li>
<li>
<p>Limitation of Liabilities</p>
<ol>
<li>
<p>
<strong>
<em>AMOUNT.</em>
</strong> EXCEPT AS OTHERWISE PROVIDED IN SECTION 12(c), TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY IN CONNECTION WITH OR UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER FOR THE TAILSCALE SOLUTION IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.</p>
</li>
<li>
<p>
<strong>
<em>TYPE.</em>
</strong> EXCEPT AS OTHERWISE PROVIDED IN SECTION 12(c), TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY: (I) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Scammer.info |
"Limits on Liability
<p>
<em>
<strong>Neither the company nor its suppliers will be liable to you for breach-of-contract damages their personnel could not have reasonably foreseen when you agreed to these terms.</strong>
</em>
</p>
<p>
<em>
<strong>As far as the law allows, the total liability to you for claims of any kind that are related to the forum or content on the forum will be limited to $50.</strong>
" |
|
PENDING |
docbot Bot |
| funginail |
"APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, KRAMER. .
TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.</p>
<p>Without limiting the generality of the foregoing, Kramer disclaims all liability of any kind arising from the unauthorized access to or use of your personally identifiable information.</p>
<p>" |
|
PENDING |
docbot Bot |
| CPUID |
"THESE LIMITATIONS WILL APPLY WHETHER OR NOT CPUID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL CPUID'S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
</p>
<p> SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
</p> " |
|
PENDING |
docbot Bot |
| Delta Math |
"Under no circumstances will DeltaMath or its officers, employees, directors, shareholders, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of money, revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the DeltaMath services.</p>
<p>c.
If, notwithstanding these Terms, DeltaMath is found to be liable to you or any third party in connection with your use of the DeltaMath services, the total liability of DeltaMath and its officers, employees, directors, shareholders, agents, or licensors to you or to any third party is limited to one hundred U.S.
Dollars ($100).</p>
<p>d.
<i>Exclusions And Limitations.</i> Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages.
Accordingly, some of the above limitations and disclaimers may not apply to you.
" |
|
PENDING |
docbot Bot |
| patch |
"REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH YOU HEREBY AGREE IS EXCLUDED.
AS USED IN THIS SECTION, “WE” AND “OUR” INCLUDES PATCH AND PATCH’S EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, CONTRACTORS, BUSINESS PARTNERS, AGENTS, LICENSEES AND LICENSORS.
(Sorry to yell at you.) Back to our inside voice: If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for any and all liabilities shall not exceed the lesser of (a) the amount paid by you for your use of the Service during the prior twelve (12) months.
" |
|
PENDING |
docbot Bot |
| Teachable |
"You may not assign Your rights under these Terms without Teachable's prior written consent.</p>
</li>
<li>
<p>Should Teachable's limitation of liability not be applicable, Teachable's sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to Teachable over the prior twelve (12) months directly preceding Your claim, unless otherwise required by law.</p>
</li>
<li>
<p>You agree that Teachable shall not be liable for any content that appears on the Platform.</p>
</li>
<li>
<p>Except as set forth herein, nothing express or implied in these Terms is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity.</p>
</li>
<li>
<p>" |
|
PENDING |
docbot Bot |
| OmoOrg |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00 USD.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
 .
 .
<strong>INDEMNIFICATION</strong>  .
" |
|
PENDING |
docbot Bot |
| RewardZone |
"Limitation of Liability.</b> To the maximum extent allowed by applicable law, we will not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to the Terms &.
Conditions, the RZU Websites, or any Rewards, no matter how caused.
In no event will our total cumulative liability to any user exceed an amount equal to the lesser of (i) the value of the Reward for which the consumer has registered, (ii) $1,000, or (iii) the actual dollar amount consumer spent on the Website and third-party sites completing sponsored Deals. </p>
<p>
<b>" |
|
PENDING |
docbot Bot |
| BitChute |
"Limitation of Liability<p>NEITHER BITCHUTE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BITCHUTE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>
<p>IN NO EVENT WILL BITCHUTE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE (OR CONTENT) EXCEED THE AMOUNTS YOU HAVE PAID TO BITCHUTE FOR USE OF THE SERVICE (OR CONTENT), " |
|
PENDING |
docbot Bot |
| Warner Bros |
"Limitation of Liability and Time Limitation for Claims <p>WARNER DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE.
IN NO EVENT WILL WARNER’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE TERMS EXCEED THE GREATER OF THE AMOUNT (IF ANY) PAID BY YOU TO WARNER IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100.
THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY TO ALL ACTIONS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED " |
|
PENDING |
docbot Bot |
| GrowTix |
"Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.</p>
<p>WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE GROWTIX PARTIES’ LIABILITY TO YOU EXCEED $50, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, " |
|
PENDING |
docbot Bot |
| Gimlet Media |
"you agree that Gimlet has no obligation or liability arising from or related to third party services made available through or in connection with the Services.</strong>
</p>
<p>
<strong>14.2 In no event will Gimlet and its affiliates, and its and their officers, directors, shareholders, employees, agents, suppliers, partners or third-party licensors, and any successors or assigns, be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential damages.
(b) any loss of use, data, business or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Services or third party services, regardless of legal theory, without regard to whether Gimlet has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose.
or (c) aggregate liability for all claims relating to the Services more than the amounts paid by you to Gimlet during the prior twelve months in question.</strong>
</p>
<p>
<strong>14.3 Nothing in the Terms removes or limits Gimlet’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.</strong>
</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| FreshBooks |
"In no event shall the aggregate liability of FreshBooks, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the FreshBooks Solution exceed any compensation paid by you for access to or use of the FreshBooks Solution during the three months prior to the date of any claim.
In no event shall FreshBooks have or incur any liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use any Third Party Materials or Third Party Services.</p>
<p>" |
|
PENDING |
docbot Bot |
| Sokolove Law |
"Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.</p>
<p>
<strong>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED $100.00.
PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.</strong>
</p>
<p>
<strong>9.
Governing Law</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| stellersecurity |
"In this case, you agree to refund Steller Security for all the sums already disbursed by it which are otherwise your obligation to pay under the AAA Rules.
If the arbitrator gives you a relief that is equal to or above the value of your application, Steller Security must repay you for your adequate advocate’s costs and expenses incurred under that arbitration.</li>
</ul>
<p>
<strong> Applicable Law and Jurisdiction for Users Outside the United States</strong>
</p>
<ul>
<li>For users outside the united states, this agreement and any non-contractual obligations emerging from, or in connection to it, shall be governed by and interpreted by the laws of England and Wales, under only compulsory provisions of consumer law in the country in which you live.
The United States Convention on Contracts for the International Sale of Commodities as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply to this Agreement.</li>
<li>" |
|
PENDING |
docbot Bot |
| Jobscan |
"ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, JOBSCAN OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, PRODUCTS, FACILITIES, SERVICES, OR OTHER CONTENT ON JOBSCAN OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, AND EVEN IF ANY MEMBER OF THE JOBSCAN GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE JOBSCAN GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.</p>
<p>TO THE FULLEST EXTENT POSSIBLE BY LAW, JOBSCAN GROUP’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY JOBSCAN SITE OR YOUR USE OF THE JOBSCAN CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.</p> GENERAL <p>If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
" |
|
PENDING |
docbot Bot |
| Truth Social |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
</p>
<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $0.01.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
</p>
<ol>
<li>INDEMNIFICATION</li>
" |
|
PENDING |
docbot Bot |
| proclub |
"BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES AND LIABILITY AND LIMITATION OF LIABILITY IN OUR TERMS AND CONDITIONS OF USE: (I) IN NO EVENT SHALL OUR OR OUR SOFTWARE LICENSORS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITES, THE VIDEO SERVICE, THE DIGITAL CONTENT OR THE SOFTWARE EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).
AND (II) IN NO EVENT SHALL OUR OR OUR CONTRIBUTOR’S OR DIGITAL CONTENT PROVIDERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING FROM YOUR USE OF THE SITES, VIDEO SERVICE, THE DIGITAL CONTENT, THE SOFTWARE OR INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES AND THE VIDEO SERVICE, EXCEED THE AMOUNT YOU PAID TO US TO PURCHASE, RENT, OR VIEW THE CONTENT RELATED TO YOUR CLAIM FOR DAMAGES.
THESE LIMITATIONS WILL APPLY TO YOU EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.<p>
<b>19.
Class Action Waiver</b>
</p>YOU AND PROFESSIONAL RECREATION ORGANIZATION, INC.
("PRO") AGREE THAT ANY PROCEED¬INGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY " |
|
PENDING |
docbot Bot |
| Threatpost |
"It is your responsibility to evaluate the information, opinion, advice, or other content available through the Services.</p>
<li>Limitation of Liability</li>
<p>IN NO EVENT SHALL ANY THREATPOST PARTY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF SUCH THREATPOST PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
BY USING THE SERVICES, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH SUCH SERVICES.
IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY THREATPOST PARTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00).
" |
|
PENDING |
docbot Bot |
| Technote |
"Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.
</p>
<p>Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.</p>
<ol>
<li>Conclusions</li>
" |
|
PENDING |
docbot Bot |
| NOMOROBO |
"NO CIRCUMSTANCES SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE TO YOUR PERSON OR PROPERTY RESULTING FROM THE FAILURE TO DETECT A ROBOCALL OR FOR IMPROPERLY CLASSIFYING AN ACCEPTABLE CALL AS A ROBOCALL.
IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF THE COMPANY FOR ALL DAMGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, OR OTHERWISE) SHALL BE LIMITED TO THE SUBSCRIPTION FEES PAID BY YOU TO THE COMPANY IN THE TWELVE CALENDAR MONTHS IMMEDIATELY PRIOR TO THE DAMAGES ARISING AND THIS AMOUNT MAY BE $0.00 IF YOU DID NOT PAY ANY SUBSCRIPTION FEES TO THE COMPANY DURING THAT TIME PERIOD.
THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ACT AS LIQUIDATED DAMAGES.
TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS THE COMPANY'S ABILITY TO DISCLAIM THE DAMAGES CONTEMPLATED BY THIS SUBSECTION, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED BY LAW.</p>
<p>
<b>3.4 Available Remedies.</b>
" |
|
PENDING |
docbot Bot |
| AdTranquility |
"the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.</strong>
</li>
</ul>
<p>
<strong>This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.</strong>
</p>
<p>
<strong>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User.
The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction.
" |
|
PENDING |
docbot Bot |
| American Red Cross |
"IN ANY CASE, THE ENTIRE LIABILITY OF RED CROSS AND ITS SUPPLIERS/LICENSORS UNDER THESE TERMS OF USE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SERVICE.<br>
</b>
<br>
Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to You.</li>
<li>
<b>ONLINE SHOPPING.</b> All product and service descriptions and depictions are approximate and are provided for convenience purposes only.
The inclusion of any products or services on the Service does not imply or warrant that such products or services will be available.
" |
|
PENDING |
docbot Bot |
| BullionByPost.co.uk |
"we receive from you.</p>
<p>
<strong>current value:</strong> the London metal market value of the metal content of the relevant <em>
<strong>goods</strong>
</em> as at the time of loss, damage or theft, plus the percentage premium that you paid when you purchased those <em>
<strong>goods</strong>
</em> from us.</p>
<p>
<strong>default or problem</strong>: if there is a <em>
<strong>material breach by you</strong>
</em> under the <em>
<strong>contract</strong>
</em>, or any <em>
<strong>insolvency</strong>
</em>on your part or as otherwise specifically identified in the terms and conditions.</p>
<p>
<strong>goods</strong>: a specific type or category of goods as described in the <em>
<strong>order</strong>
</em>.
" |
|
PENDING |
docbot Bot |
| Yousician |
"LIMITATION OF LIABILITY</b>
<p>TO THE FULLEST EXTENT PERMITTED BY LAW, YOUSICIAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES OR INJURIES IN ANY WAY WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OF THE USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES TO PROPERTY, PERSONAL INJURIES, LOSS OF GOODWILL, LOST PROFITS, DEVICE FAILURE OR MALFUNCTION, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT YOUSICIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT YOUSICIAN IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD YOUSICIAN LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL YOUSICIAN BE LIABLE TO YOU, COLLECTIVELY, FOR MORE THAN THE AMOUNT YOU HAVE PAID TO YOUSICIAN IN THE SIX (6) MONTHS " |
|
PENDING |
docbot Bot |
| sleeper.app |
"OR (H) ANYTHING OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND EVEN IF WE OR OUR PARTNERS HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>10.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES OR UNDER THESE TERMS IS LIMITED TO $30.
" |
|
PENDING |
docbot Bot |
| Alight Creative |
"provided that such Aggregated Statistics do not identify you or your confidential or personal information.
</p>
<p>Notwithstanding anything to the contrary in this Agreement, you acknowledge that some information may be used by Alight Creative in non-aggregated and non-anonymized manner, for instance the total amount of data you have stored on the Alight Cloud, the total amount of bandwidth used by your access to Alight Cloud, the total amount of bandwidth used by others accessing data you have shared publicly via the Application or the Services and other information necessary for providing customer service.
</p>
<p>6.6 Alight Creative warrants that it provides Alight Cloud using a commercially reasonable level of care and skill.
THE FOREGOING WARRANTY DOES NOT APPLY, AND ALIGHT CREATIVE STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS.</p>
<p>6.7 To the extent allowed under the applicable law, Alight Creative’s maximum liability to you for any incident giving rise to a claim in connection with Alight Cloud will not exceed the amount you paid for Alight Cloud during the 12 months before the incident.
provided that in no event will Alight Creative’s aggregate liability for Alight Cloud exceed the amount paid for Alight Cloud during the subscription.</p>
<p>" |
|
PENDING |
docbot Bot |
| O&O Software’s |
"Limit of liability in amount: for our liability for simple negligence and gross negligence in relation to our Servant, not being a legal representative or executive Staff, and not excluded in line with Paragraph a, we are only liable for the typical damages expected after contract closure and compensation for expenses only to the amount that would have been received under the Contract.
" |
|
PENDING |
docbot Bot |
| 33Across |
"DAMAGES OR LIKE DAMAGES, INCLUDING, LOST PROFITS, GOODWILL, LOST OPPORTUNITIES AND INTANGIBLE LOSSES, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THESE TERMS, INCLUDING, FOR EXAMPLE AND CLARITY ONLY, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES, THE SITE, THE 33ACROSS PLATFORM, OR CONTENT.
THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT 33ACROSS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
</p>
<p> YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH ANY VIOLATION BY US OF THESE TERMS OF USE IS TO DISCONTINUE USING THE SITE OR THE SERVICES.
IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH ANY VIOLATION OF THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS (U.S.
$100.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages.
" |
|
PENDING |
docbot Bot |
| HotNeedyWomen |
"A.
AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, Company Licensed Elements, UGC or other White Mountain Online Solutions B.V.
products or services, except, to the extent not waivable under applicable law.<br>B.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).<br>C.
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID COMPANY IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).<br>C.
White Mountain Online Solutions B.V.
IS NOT RESPONSIBLE FOR YOUR USE OF THE SERVICES OR FOR THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY EXCHANGE INFORMATION OR HAVE CONTACT.
" |
|
PENDING |
docbot Bot |
| CITI Program |
"AND AGREES THAT IN NO EVENT WILL THE CITI PROGRAM AND/OR BRANY OR THEIR AGENTS, OFFICERS, OR EMPLOYEES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE CITI PROGRAM AND/OR BRANY SOFTWARE, SERVICES, DEVELOPMENT EFFORTS, EDUCATIONAL EFFORTS, OR PARTICIPATION IN THE PROGRAM, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF THE CITI PROGRAM AND/OR BRANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
IN NO EVENT SHALL THE CITI PROGRAM AND BRANY’S TOTAL LIABILITY TO ANY USER OF THE CITI PROGRAM UNDER THIS AGREEMENT FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).</p>
<p>Information presented on CITI Program websites and in other communications is believed to be correct at the time of posting.
" |
|
PENDING |
docbot Bot |
| Canary Mail |
"TO THE EXTENT THAT THE APPLICABLE JURISDICTION
LIMITS MTL'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL
BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
</p>
Limitation of Remedies and Damages <p>Your remedy for a breach of this Agreement or of any
warranty included in this Agreement is the correction or replacement of the
Software Product.
Selection of whether to correct or replace shall be solely at
the discretion of MTL.
MTL reserves the right to substitute a functionally
equivalent copy of the Software Product as a replacement.
If MTL is unable to
provide a replacement or substitute Software Product or corrections to the
Software Product, your sole alternate remedy shall be limited to a refund of
the purchase price for the Software Product exclusive of any costs for shipping
and handling.
In no event shall MTL’s total liability to you for all damages
exceed the amount of twenty dollars ($20.00) or the purchase price of the
Software Product, whichever is lower.
" |
|
PENDING |
docbot Bot |
| Audm |
"LOSS OF
DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR
THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR
CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AUDM OR ANY
OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
<b>(b)  .
</b>IN NO EVENT WILL AUDM’S TOTAL LIABILITY
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR
INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO
AUDM FOR USE OF THE SERVICES OR " |
|
PENDING |
docbot Bot |
| Yotpo |
"LIMITATION OF LIABILITY<ol>
<li>TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL YOTPO NOR ITS RESPECTIVE AFFILIATES OR PARTNERS NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS OR SUPPLIERS BE RESPONSIBLE OR LIABLE, UNDER ANY LEGAL THEORY, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, FOR ANY COMPENSATORY, DIRECT OR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO THIS AGREEMENT OR THE MATTERS CONTEMPLATED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT THAT YOTPO IS FOUND LIABLE OR RESPONSIBLE TO YOU FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE IN CONNECTION WITH THESE TERMS AND/OR THE MATTERS CONTEMPLATED HEREIN, YOTPO’S AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO $100.00.</li>
<li>SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| RegisteredNursing.org |
"Limitation on Liability <p>Regardless of anything to the contrary in these Terms of Use, if we (or any of our affiliated companies, employees, agents, shareholders, or directors) are found to be liable under these Terms of use or in connection with our Website, our liability (and our affiliated companies', employees', agents', shareholders', or directors' liability) to you or to any third party is limited to US$100.
</p>
<p>We (and any of our affiliated companies, employees, agents, shareholders, and directors) are not liable to you or any third person for any special, incidental, indirect, punitive or consequential damages (including loss of use, profit, revenue or data) arising from these Terms of Use and your use of the Website or any of the content or other materials located on, accessed through or downloaded from the Website.
</p>
<p>The above limitations of liability apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose.
</p>
<p>Some jurisdictions do not allow these limitations of liability, in which case such limitations may not apply to you.</p> " |
|
PENDING |
docbot Bot |
| City Hive |
"OR INABILITY TO USE THE SERVICES, OR FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES, OR THE PROCESSING, PURCHASE, SALE, TRANSPORTATION, DELIVERY, SHIPMENT OR CONSUMPTION OF ANY PRODUCT SOLD THROUGH THE ANY OF THE GATEWAYS, INCLUDING ANY CLAIM, DEMAND OR DAMAGES ARISING FROM ANY TRANSACTION THROUGH THE SERVICES INITIATED OR COMPLETED BETWEEN YOU AND ANY RETAILER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF City Hive HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, DEMAND OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
 .
If, for any reason, a court or arbitral body finds City Hive liable for damages notwithstanding the foregoing, in no event shall City Hive’s total liability for all damages exceed the amount paid by you to City Hive for your use or receipt of the Services.
The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
NEITHER City Hive NOR THE FULFILLING Licensed Fulfillment Agent NOR THE SHIPPING OR DELIVERY COMPANY USED BY THE Licensed Fulfillment Agent SHALL BE LIABLE FOR ANY DAMAGES TO GOODS CAUSED BY WEATHER CONDITIONS AND OTHER “ACTS OF GOD” DURING TRANSPORTATION.
" |
|
PENDING |
docbot Bot |
| America’s Health Insurance Plans |
"BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF AHIP FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO AHIP IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.</p>
<p>
<strong>18.
INDEMNITY</strong>.
" |
|
PENDING |
docbot Bot |
| Technology Advice |
"YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE.
IN NO EVENT SHALL TECHNOLOGYADVICE'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID TO TECHNOLOGYADVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.</p>
<p>
<strong>21.
Indemnification.</strong> You agree to indemnify and hold harmless this Website, TechnologyAdvice, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that You have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of this Agreement, or any other claim related to Your use of the Services.</p>
<p>
<strong>22.
Governing Law and Venue.</strong> " |
|
PENDING |
docbot Bot |
| domainname.shop |
"Limitation of liability:</b>
Domainnameshop shall not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) resulting from, related to, or arising out of the use or inability to use any of Domainnameshop's services, even if Domainnameshop has been advised of the possibility of such damages.
In no event shall Domainnameshop's maximum aggregate liability exceed the amount of the fees you paid to Domainnameshop for the particular service.
You understand and agree that Domainnameshop disclaims any loss or liability resulting from: (1) access delays, denial of service (DoS) attacks or access interruptions to our web site or domain name registration system.
" |
|
PENDING |
docbot Bot |
| Too Good To Go |
"TGTG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, TGTG SHALL NOT BE LIABLE FOR THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.</p>
<p>IN NO EVENT WILL TGTG BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TGTG BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO TGTG FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.</p>
<p>
<strong>19.
" |
|
PENDING |
docbot Bot |
| Charity Miles |
"Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.</p>
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE APPLICATION AND YOUR RIGHTS UNDER THESE TERMS EXCEED AN AGGREGATE OF $10.00 FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.</p>
<p>
<strong>(b) WAIVER OF INJUNCTIVE RELIEF. </strong>YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE APPLICATION OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER COMPANY MATERIALS OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE OR OTHER COMPANY MATERIALS OWNED OR CONTROLLED BY THE COMPANY PARTIES OR " |
|
PENDING |
docbot Bot |
| Nike |
"and</li>
<li>if NIKE is found to be liable to you for any damage or loss which is in any way connected with your use of the Platform or any Content, NIKE's liability shall not exceed the greater of: (1) the amount you have paid to us under these Terms for your use of the Platform or any Content, or (2) US$100.00.”</li>
</ul>
<p>
<strong>Section 11 (DISPUTES/ADDITIONAL TERMS): </strong>The first bullet point under the sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety.</p>
<p>
<strong>JAPAN</strong>
</p>
<p>
<strong>Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY):</strong> this section is modified as follows:</p>
<p>" |
|
PENDING |
docbot Bot |
| Under Armour |
"© damages relating to your access to, use of, or inability to access or use the Services.
(d) damages relating to any conduct or content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content.
and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services.
To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Under Armour has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose.
To the maximum extent permitted by applicable law, the total liability of Under Armour, for any claim under these Terms, including for any implied warranties, is limited to the greater of one thousand dollars (us $1,000.00) or the amount you paid us to use the applicable Service(s) in the past twelve months.</p>
<p>" |
|
PENDING |
docbot Bot |
| Checkify |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Gleam |
"Gleam DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.</p>
<p>WE DO NOT WARRANT THAT THE SITE OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.</p> 12.
Liabilities and Indemnities <p>You shall indemnify and save harmless Gleam and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by Gleam and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.</p>
<p>THE CUMULATIVE LIABILITY OF GLEAM FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERIVICES OR USE OF THE SITE.</p>
<p>" |
|
PENDING |
docbot Bot |
| Clips4Sale |
"11.1.
In no event shall We (or Our licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to You, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person's use, misuse, or inability to use the Website, Services or any of the Materials, including User Generated Content, contained therein, even if We have been advised of the probability of such damages.
This is for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if We have been advised of the possibility of such damages.
</strong>
</p>
<p>
<strong>11.2.
In no event shall Our maximum total aggregate liability hereunder for direct damages exceed ten dollars ($10.00.) Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
</strong>
</p>
<p>
<strong>12.
DEFAMATION &.
INVASIVE MATERIAL POLICY:</strong>
</p>
<p>
<strong>12.1.</strong> " |
|
PENDING |
docbot Bot |
| Vee Volunteers |
"Pre-Released Services are Services that are still under development, and as such they may be inoperable or incomplete, and may contain bugs, suffer disruptions and/or not operate as intended and designated, more than usual.<br>
2.4.
Governing Terms of Trial Service, Free Version Service, and Pre-Released Services.
The Trial Service, Free Version Service, and Pre-Released Services are governed by these Terms, provided that notwithstanding anything in these Terms or elsewhere to the contrary, in respect of Trial Service, Free Version Service, and Pre-Released Services (i) such services are licensed hereunder on as “As-Is”, “With All Faults” “As Available” basis, with no warranties, express or implied, of any kind.
(ii) the indemnity undertaking by us set forth in Section 16.2 herein shall not apply.
and (iii) IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF VEE, ITS AFFILIATES OR ITS THIRD PARTY SERVICE PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SITES, THE SERVICE AND THE THIRD PARTY SERVICES), EXCEED US$100.
" |
|
PENDING |
docbot Bot |
| Xodo |
"AND ALL TIMES ARISING FROM OR RELATED TO THE USE OF THE APP OR THE TERMS, IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF ANY DUTY) FOR AN AGGREGATE AMOUNT THAT EXCEEDS THE AMOUNT YOU HAVE PAID FOR THE USE OF THE APP DURING THE PREVIOUS 12 MONTH PERIOD, OR USD $10.00, WHICHEVER IS GREATER.</p>
<p>IN NO EVENT WILL PDFTRON BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT AND EVEN IF PDFTRON HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.</p>
</li>
<li>
<p>Indemnification.
" |
|
PENDING |
docbot Bot |
| Canvas |
"1.
Limitation of Liability TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Canvas BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF Canvas HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Canvas’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.</p>" |
|
PENDING |
docbot Bot |
| The Narrativ Company |
"OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
AND (B) IN NO EVENT WILL EACH PARTY’S CUMULATIVE LIABILITY FOR DAMAGES OR ALLEGED DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EXCEED THE AMOUNTS PAID AND/OR PAYABLE TO NARRATIV BY MERCHANT UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY " |
|
PENDING |
docbot Bot |
| LinuxHostSupport |
"Rose Web Services' address for Notice is: Rose Web Services LLC, 2977 Hwy K STE 252, Ofallon, MO 63368, USA.
The Notice must: (a) describe the nature and basis of the
claim or dispute.
and (b) set forth the specific relief sought ("Demand").
The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an
agreement to do so within 30 days after the Notice is received, you or Rose Web Services LLC may commence an arbitration proceeding.
During the arbitration, the amount of any
settlement offer made by you or Rose Web Services must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
If the dispute is
finally resolved through arbitration in your favor, Rose Web Services will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any.
(ii) the last
written settlement amount offered by Rose Web Services in settlement of the dispute prior to the arbitrator's award.
or (iii) $1,000.<br>
<br> 14.5 If you commence arbitration in
accordance with these Terms, Rose Web Services will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any
fees will be decided by the AAA Rules.
" |
|
PENDING |
docbot Bot |
| wave.video |
"SOME JURISDICTIONS DO NOT ALLOW OR LIMIT SOME LIMITATIONS OF LIABILITY, THEREFORE IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>WE DO NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (V) ANY ERRORS IN CONTENT WILL BE CORRECTED.</p>
<p>ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.</p>
<p>YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO US BY YOU PURSUANT TO THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE ACCRUAL OF A CLAIM.</p>16.
Choice of Law and Venue<p>To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the Commonwealth of Massachusetts without regard to conflict of law provisions.
" |
|
PENDING |
docbot Bot |
| SpikeApp |
"Any content downloaded or otherwise obtained through the use of Spike is downloaded at your own risk and you will be responsible for any damage to your mobile device, cell phone or other system, or for any loss of data resulting from such download or use of Spike.</p>
<p> </p>
<strong>9.
Limitation of Liability</strong>
<p>To the maximum extent permitted by law, in no event will we or our affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not we have been warned of the possibility of such damages, and even if a remedy fails of its essential purpose.
(b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amounts paid by you to us in order to use Spike (if any) for the past three months.
" |
|
PENDING |
docbot Bot |
| Canvas |
"6.
LIMITATION OF LIABILITY<p>1.
Damages Waiver.
To the fullest extent permitted by law, neither party, including its respective affiliates, will be liable to the other in connection with the Agreement for lost profits or lost business opportunities, loss of data, or any indirect, incidental, consequential, special or punitive damages.</p>
<p>2.
Liability Cap.
Neither party, including its respective affiliates, will be liable to the other in connection with the Agreement for an amount that exceeds the total fees paid or payable by Customer to Canvas during the 12-month period before the event giving rise to the liability.
Subject to section 6.c.(b), Canvas will not be liable for any unauthorized third-party access to Customer’s content, data, programs, information, network, or systems</p>
<p>3.
Exclusions.
The limitations of liability stated in sections 6.a and 6.b do not apply to (a) a party’s liability for fraud, gross negligence or intentional misconduct.
" |
|
PENDING |
docbot Bot |
| handshake.org |
"The arbitration shall be conducted by a single, neutral arbitrator.
Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.
" |
|
PENDING |
docbot Bot |
| Sessions Live |
"ARBITRATION</strong>
<p>For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration.
" |
|
PENDING |
docbot Bot |
| Universal Minecraft Converter |
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ,
THE COMPANY, ITS SUBSIDIARIES OR HOLDING COMPANY, ANY SUBSIDIARY OF
ANY SUCH HOLDING COMPANY, AFFILIATES, SUCCESSORS, ASSIGNS, AND THEIR
RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS,
WHETHER INDIVIDUALLY OR COLLECTIVELY (THE “RELATED PARTIES”), BE
LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF
SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICES, EVEN IF WE OR OUR AGENTS OR
REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.</p>
<p>THE
RELATED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT,
INCIDENTAL AND/OR CONSEQUENTIAL ARISING OUT OF THE USE OF THE
SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OR TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THE LIMITATIONS IN
THIS CLAUSE, THE RELATED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO US FOR THE SERVICES DURING THE TERM OR SUBSCRIPTION TO THE
MAXIMUM EXTENT PERMITTED BY LAW.</p>
<p>" |
|
PENDING |
docbot Bot |
| Ludwig |
"(2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE LUDWIG SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER LUDWIG HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE LUDWIG SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO LUDWIG DURING THE PRIOR TWELVE MONTHS " |
|
PENDING |
docbot Bot |
| Storypark |
"your access or use of the Service, or Content posted by you or on your behalf through or at the Service.
or</p>
</li>
<li>
<p>violation of any Creative Commons Licence or any intellectual property, privacy or other rights of a third party, by you or any person using your Account or username and password (whether with or without your permission).</p>
</li>
</ul>18.
Limitation of liability<p>In no event or circumstances shall Storypark be liable to any person, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business, whether caused by any User, Storypark, its employees, agents, licensors, service providers, or any other persons acting on its behalf.
To the extent permissible at law the total liability of Storypark for any loss arising from or in connection with this Agreement, or the use of the Service, will not in any circumstances exceed $100.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.</p>19.
Cancellation by you<p>As a Primary Account Holder you may request the deletion of one or more Child Profiles within your Account at any time.
You may also cancel your Account and terminate this Agreement at any time by following the prompts within the Service.
Termination does not entitle you to any refund of any payments made by you to Storypark unless required by law.
" |
|
PENDING |
docbot Bot |
| Project Z |
"WHILE PROJECT Z ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.</p>
<br>10.
Limitation of Liability<p>IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE PROJECT Z ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL.
ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE PROJECT Z ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S.
DOLLARS ($100) OR ANY AMOUNT YOU PAID PROJECT Z IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
" |
|
PENDING |
docbot Bot |
| The Old Reader |
"The Company is not liable to you for any incidental, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages.</li>
<li>In no case will Company be liable to you (whether in contract, tort, or otherwise) for damages in excess of the greater of $500 or the amount that you have paid to the Company for the Service during the most recent 12-month period.</li>
<li>This agreement shall be governed and interpreted pursuant to the laws of the State of Wisconsin, United States of America, without regard to its choice of law rules.
" |
|
PENDING |
docbot Bot |
| Prulu |
"THE EXCLUSION OF DAMAGES UNDER THIS SECTION L IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
<strong>IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY PRULU PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.</strong>
<br>
<br> IF, NOTWITHSTANDING THE WAIVERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE, INCLUDING WITHOUT LIMITATION YOUR EXCLUSIVE REMEDY, WHICH LIMITATIONS YOU HEREBY ACKNOWLEDGE TO BE REASONABLE, PRULU IS FOUND LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, THE ENTIRE LIABILITY OF PRULU TO YOU SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE IN THE TWELVE MONTHS " |
|
PENDING |
docbot Bot |
| voxy |
"YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY SERVICES OR CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.</p>
<p>23.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOXY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, SERVICES, OR THE CONTENT, EVEN IF VOXY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL VOXY’S LIABILITY EXCEED TOTAL FEES PAID TO VOXY IN CONNECTION WITH THE SITE, CONTENT OR SERVICES.</p>
<p>23.4 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Pianomarvel |
"YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT PIANO MARVEL IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD PIANO MARVEL LLC LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
UNDER NO CIRCUMSTANCES WILL THE PIANO MARVEL BE LIABLE TO YOU, COLLECTIVELY, FOR MORE THAN THE AMOUNT YOU HAVE PAID TO PIANO MARVEL LLC.</p>
<p>BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
" |
|
PENDING |
docbot Bot |
| Shogun |
"Customer will also be liable to Shogun for any costs and attorneys’ fees Shogun incurs to successfully establish or enforce Shogun’s right to indemnification under this Section.</p>9.
Limitation of Liability<p>UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL SHOGUN BE LIABLE TO YOU FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST CONTENT OR DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF SHOGUN HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR (II) DIRECT DAMAGES, COSTS OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS " |
|
PENDING |
docbot Bot |
| Fleek |
"SHALL FLEEK (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO FLEEK IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.
" |
|
PENDING |
docbot Bot |
| Red Shield VPN |
"ARISING OUT OF YOUR USE OF THE SERVICES, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE OR OUR SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE WEBSITE OR OUR SERVICES, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.OUR TOTAL AGGREGATE LIABILITY IN ANY CASE SHALL NOT EXCEED YOUR TOTAL AMOUNT PAID FOR THE SERVICES.</p>
<p>ANTIVIRUS IS NOT INTENDED FOR USERS REQUIRING CONTINUOUS, ERROR-FREE OR FAILSAFE OPERATION (INCLUDING, WITHOUT LIMITATION, IN APPLICATIONS INVOLVING NUCLEAR POWER PLANTS, MILITARY APPLICATIONS, AIRCRAFT NAVIGATIONAL AND COMMUNICATIONS SYSTEMS, OR IN MEDICAL OR OTHER APPLICATIONS ESSENTIAL TO MAINTAINING HUMAN LIVES).
" |
|
PENDING |
docbot Bot |
| Trufan |
"YOU ACKNOWLEDGE THAT COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.</p>9.
LIMITATION OF LIABILITY<p>1.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE to YOUR CLAIM or, IF NO FEES APPLY, one hundred ($100) U.S.
dollars.
" |
|
PENDING |
docbot Bot |
| Trufan |
"ANY ACT YOU MAKE OR FAIL TO MAKE AS A RESULT OF YOUR USE THE PLATFORM;</p>
<p>j) ANY OTHER MATTER RELATING TO THE PLATFORM.</p>
<p>12.3 Liability Cap.
WITHOUT LIMITING SECTION 12.2, IN NO CIRCUMSTANCE WILL TRUFAN.IO OR ITS REPRESENTATIVES AGGREGATE LIABILITY EXCEED ONE HUNDRED AND FIFTY UNITED STATES DOLLARS IN ALL CASES.</p>
<p>12.4 Security Breach.
Trufan.io strives to keep your personal information, User Content, and Account safe from security breaches.
" |
|
PENDING |
docbot Bot |
| Exam Success |
"To the fullest extent permitted by law, Exam Success is not responsible for dealing with, and not, liable for, any disputes or complaints made by you or any Consumer in relation to the goods or services sold, or via, the Website (including any dispute or complaint regarding refunds, payment, goods or services).
You should address such complaints directly with the Independent Tutor.</p>
<p>10.3.
You agree that Exam Success shall not be liable to you or any third party for any:</p>
<p>(a) indirect, consequential, special or exemplary losses, expenses or liabilities.
or
<br>(b) loss of profits, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Services, the Marketplace, the Website or these Terms.</p>
<p>10.4.
Notwithstanding, you agree that in any event, Exam Success’s maximum aggregate liability to you or a third party under these Terms will be no more than the total amount spent by a Consumer on the Website in the preceding 12 months.</p>
<p>10.5.
The Consumer acknowledges and agrees that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
The provisions of this Clause 10 will continue to apply indefinitely after Termination of this Agreement.</p>
<p>11.
Confidentiality</p>
<p>11.1.
" |
|
PENDING |
docbot Bot |
| Essential mod for Minecraft |
"SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY OF THE ESSENTIAL PARTIES IS LIABLE FOR LOSSES, IN NO EVENT WILL THE ESSENTIAL PARTIES' AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED ONE HUNDRED U.S.
DOLLARS ($100.00).</p>
<p>YOU AND ESSENTIAL AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY " |
|
PENDING |
docbot Bot |
| First Injury Help |
"THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.
EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).
<strong>NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.</strong> THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND COMPANY.
ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
</p>
<p>
<strong>15.
Third-Party Websites.</strong> " |
|
PENDING |
docbot Bot |
| Perimeter 81 |
"ANY REVIEW (II) ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY CONTENT INCLUDED IN THE SITE WHICH IS FALSE OR WHICH CONSTITUTES PASSING-OFF, (III) YOUR INTERACTION ON THE SITE AND/OR THROUGH THE SERVICE AND ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY, (IV) OR ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE AND/OR THE FEATURES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE), EVEN IF PERIMETER 81 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, AND/OR (C) FOR ANY THIRD PARTY CLAIMS AGAINST YOU.</p>
<p>IN ADDITION, ALL RESPONSIBILITY OR LIABILITY OF PERIMETER 81, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND/OR AGENTS FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS IS HEREBY DISCLAIMED.</p>
<p>IN NO EVENT SHALL THE TOTAL LIABILITY OF PERIMETER 81, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, TO YOU AND/OR TO ANY THIRD PARTY, FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY U.S.
DOLLARS (U.S.
$50.00).</p>
<p>" |
|
PENDING |
docbot Bot |
| Podium |
"LIMITATIONS OF LIABILITY</b>
</p>
<p> TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PODIUM OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, COSTS OF DELAY, REPUTATIONAL HARM, OR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL PODIUM’S OR ITS SUPPLIERS’ TOTAL LIABILITY EXCEED IN AGGREGATE THE AMOUNT ACTUALLY PAID BY CLIENT TO PODIUM FOR THE APPLICABLE SERVICE(S) OR RELATED SERVICE(S) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
FOR FREE ACCESS SUBSCRIPTIONS OR BETA RELEASES PROVIDED WITHOUT CHARGE, PODIUM’S TOTAL LIABILITY WILL NOT EXCEED IN AGGREGATE FIFTY U.S.
DOLLARS ($50.00 US).
NOTWITHSTANDING THE FOREGOING, NONE OF THE LIMITATIONS IN THIS SECTION 14 EXCLUDES EITHER PARTY’S LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY A PARTY’S NEGLIGENCE.
IN ADDITION, THE LAWS IN SOME JURISDICTIONS MAY NOT ALLOW SOME OF THE LIMITATIONS OF LIABILITY IN THIS SECTION.
IF ANY OF THESE LAWS IS FOUND TO APPLY TO THIS AGREEMENT, THIS SECTION 14 WILL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY SUCH LAW.
EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS SECTION 14 IS A FUNDAMENTAL BASIS OF THE BARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY TO ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY PODIUM TECHNOLOGY OR ANY RELATED SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY LIMITED REMEDY IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS.
" |
|
PENDING |
docbot Bot |
| bitrix |
"NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF BITRIX24 FOR DAMAGES IN CONNECTION WITH THIS AGREEMENT, WHETHER FOR BREACH OF CONTRACT OR IN TORT, AND REGARDLESS OF WHETHER BITRIX24 HAS BEEN INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR THE TYPE OF CLAIM, CONTRACT, OR TORT, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO BITRIX24 IN THE TWO-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE AND WILL BE LIMITED TO A SUM EQUAL TO 1000 US DOLLARS (OR 10 US DOLLARS IN THE CASE OF A FREE PLAN).
</p>
<p> 12.7.
Any action brought against Bitrix24 pertaining to or in connection with the Website, the Services, and the Products must be commenced and notified to Bitrix24 in writing within one (1) year after the date the cause for action arose.
</p>
<p> 12.8.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Bitrix24 be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any user or any other party on and/or through the Website, the Services, and the Products, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content.
" |
|
PENDING |
docbot Bot |
| Undertheboard |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| DOGTV |
"IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY DAMAGES UNDER THESE TERMS OR IN CONNECTION WITH THE SITE EXCEED THE TOTAL AMOUNT OF SUBCRIPTION FEES, IF ANY, PAID BY YOU FOR USING THE SITE DURING THE SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.</p>
<p>
<strong>12.
Indemnity. </strong>You agree to defend, indemnify and hold harmless us and our affiliates and our respective officers, directors, agents, consultants and employees from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from (i) your use of the Site.
" |
|
PENDING |
docbot Bot |
| Hive Micro |
"WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.</p>
<p>YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE.
(II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA OR DELIVERABLES.
OR (III) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES YOU PROVIDE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNTS PAID TO YOU HEREUNDER WITHIN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| ReGain |
"YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.</p>
<p>YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU " |
|
PENDING |
docbot Bot |
| Dosh |
"INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT YOU OR ANY OTHER PERSON OR ENTITY IS ENTITLED TO DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES, THE COLLECTIVE LIABILITY OF THE COMPANY, OUR AFFILIATES, THE PAYMENT CARD NETWORKS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED $100.<br><br>IN ADDITION TO AND WITHOUT LIMITING ANY OF THE FOREGOING, WE AND THE PAYMENT CARD NETWORKS WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF TERRORISM, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR ANY SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES.THE LIMITATIONS IN THIS SECTION DO NOT AFFECT ANY LIABILITY THAT CANNOT BE " |
|
PENDING |
docbot Bot |
| Mighty Networks |
"d. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.</li>
<li>e. WITHOUT LIMITING THE FOREGOING, MIGHTY SOFTWARE, INC.’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO MIGHTY SOFTWARE, INC.
IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.</li>
</ul>9.
" |
|
PENDING |
docbot Bot |
| Everydae |
"You understand and agree that you may be exposed to content that might be interpreted as being offensive, illegal, misleading, or otherwise inappropriate, none of which Everydae, nor their affiliates will be responsible for.</p> <p>Nothing in these Terms and Conditions will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.</p> .
8.
Limitation of liability<p>To the greatest extent permitted by law, in no event shall we or our directors, employees, agents, partners, suppliers, or content providers be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data lost, cost of procurement, procurement of substitute goods or services or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever.
(ii) for any bugs, viruses, trojan horses or the like (regardless of the source) or (iii) for any direct damages in excess (in the aggregate) of the greater of (a) fees paid for the particular services in the three months immediately prior or (b) $100.00.
" |
|
PENDING |
docbot Bot |
| Fitnos |
"THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>IN ANY EVENT, COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE, WILL NOT EXCEED THE COST OF THE PRODUCTS PURCHASED ON THIS WEBSITE.</p> " |
|
PENDING |
docbot Bot |
| ActivityTracker |
"You and Bits&Coffee acknowledge and agree that to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Bits&Coffee’s sole responsibility.
</p> 9.
Limitation of Liability <p> TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Bits&Coffee, OR ITS LICENSOR, BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATIONS AND/OR THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
</p>
<p> IN NO EVENT SHALL Bits&Coffee’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
</p>
<p> SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN TYPES OF DAMAGES, IN WHICH CASE SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
The above limitations or exclusions do not affect Your statutory consumer rights in Your applicable jurisdiction.
</p>
<p> Health information displayed by any Licensed Applications and Services is for general informational purposes only.
" |
|
PENDING |
docbot Bot |
| classiccountrymusic.com |
"Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.</p>
<p>Under no circumstances, including, but not limited to, negligence, shall TRMI Inc.
/ dba ClassicCountryMusic.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if TRMI Inc.
/ dba ClassicCountryMusic.com or a TRMI Inc.
/ dba ClassicCountryMusic.com authorized representative 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 shall TRMI Inc.
/ dba ClassicCountryMusic.com’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.</p>
<p>Facts and information at this website are believed to be accurate at the time they were placed on the website.
Changes may be made at any time without prior notice.
All data provided on this website is to be used for information purposes only.
The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard.
" |
|
PENDING |
docbot Bot |
| SimpliSafe |
"SimpliSafe reserves the right not to accept orders (involving a Promo Offer or not) where, SimpliSafe has any reason to suspect that any part of said order involves fraudulent activity.</li>
<li>Subject to any other applicable terms and conditions mentioned herein, in the event any item included in a Promo Offer Sales order is returned SimpliSafe may at its sole discretion determine that such partial returns are only qualified for replacements.
Where SimpliSafe decides to issue a refund, the amount refunded will not exceed the price paid for that item(s) under the applied Promo Offer.</li>
<li>" |
|
PENDING |
docbot Bot |
| Total Defense |
"SOME STATE STATUTES MAY APPLY RESTRICTIONS REGARDING LIMITATIONS ON LIABILITY.
THE SOLE AND MAXIMUM LIABILITY OF THE COMPANY AND ITS AGENTS, EMPLOYEES, AFFILIATES, DIRECTORS, OFFICERS AND THIRD PARTY PROVIDERS, LICENSORS AND SUPPLIERS, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS WHATSOEVER, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT THAT YOU PAID FOR THE SERVICES WITHIN THE SIXTY DAYS IMMEDIATELY PRECEDING THE INITIAL CLAIM MADE BY YOU IN WHICH THE COMPANY IS LIABLE TO YOU FOR SUCH CLAIM.
YOU ACKNOWLEDGE THAT THE COMPANY HAS SET ITS FEES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT AND THAT THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
" |
|
PENDING |
docbot Bot |
| Hawaii State Department of Education |
"(2) the use of or the results of the use of this WEBSITE.
and (3) the accuracy, reliability, availability or completeness or usefulness of the content of websites created and maintained by persons other than the State of Hawaii and linked to or from this WEBSITE.
</p>
<p>
<strong>Limitation of Liability </strong>
<br> Under no circumstances, including but not limited to, negligence, shall the State of Hawaii nor any agency, officer, or employee of the State of Hawaii be liable for any special, consequential and/or incidental damages that may result from the use of or the inability to access or use this WEBSITE, even if the State of Hawaii 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 shall the State of Hawaii's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence), or otherwise) exceed the amount paid by you, if any, to access this WEBSITE.
</p>
<p>
<strong>Copyright Notice </strong>
<br> Duplication or use of any CONTENT from this WEBSITE for commercial purposes or in any manner likely to give the impression of official approval by the State of Hawaii is prohibited.
" |
|
PENDING |
docbot Bot |
| Axie Infinity |
"OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE, THE APP AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED (100) US DOLLAR.</p>
<p>" |
|
PENDING |
docbot Bot |
| ATERA NETWORKS LTD |
"In such a case, we reserve the right to assess the withheld amount or to increase the gross amount of the applicable payment so that, after the deduction or withholding for taxes, the net amount paid to us will not be less than the amount we would have received without the required deduction or withholding.
" |
|
PENDING |
docbot Bot |
| O&O Software’s |
"The amount of compensation will be calculated on the basis of a four year, straight-line depreciation.
If we are not informed of the excessive usage, a contract penalty in the amount three times the price of the usage indicated in the price list will be due to O&O.</p>
<p>(6) You are entitled to create a backup copy of the software and to conduct ordinary data backups.
" |
|
PENDING |
docbot Bot |
| AdMarketplace |
"You expressly assume the risk of such problems by using the Service.
the site and the service, including all software, content, operations and materials, are provided “as is”.
except as specifically set forth herein, adMarketplace makes no representations or warranties of any kind whatsoever for the operation of the service.
further, adMarketplace disclaims any express or implied warranties, including, without limitation, non-infringement, title, merchantability, fitness for a particular purpose and any warranties arising out of course of dealing, usage or trade.</p>
<p>
<b>Limitations of Liability.</b> in no event will adMarketplace be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, special, incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties regardless of whether or not adMarketplace has been advised of the possibility of such damages.
in no event shall adMarketplace’s liability for any direct damages exceed the amounts actually paid by you to adMarketplace and retained by adMarketplace as its commission in connection with the service during the most recent six (6) months.
" |
|
PENDING |
docbot Bot |
| ente.io |
"OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU GIVE ACCESS TO YOUR DATA, OF ANY OF THESE TERMS OR ANY POLICY REFERENCED IN THESE TERMS.</p>
</li>
<li>
<p>IF YOU ARE NOT SATISFIED WITH THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF OUR SERVICES AND THE CONTRACT YOU HAVE WITH US.</p>
</li>
<li>
<p>DESPITE THE ABOVE, IF ANY COURT OR OTHER COMPETENT AUTHORITY HOLDS US (THIS INCLUDES OUR OFFICERS, STAFF AND AGENTS) LIABLE FOR ANY MATTER RELATED TO THESE TERMS OR OUR SERVICES, OUR TOTAL COMBINED LIABILITY WILL BE LIMITED TO THE MOST RECENT SUBSCRIPTION AMOUNT YOU HAVE PAID TO US.</p>
</li>
</ol>Disputes and Choice of Law<ol>
<li>
<p>Any and all disputes arising out of this agreement, its termination, or our relationship with you shall be determined by binding arbitration in Bengaluru, India.
</p>
</li>
<li>
<p>The relationship we have with you under these terms and their interpretation and construction together with any dispute, suspension or termination arising out of or in connection with them, is governed exclusively by Indian law.
ente does not submit to any other jurisdiction other than India and the Indian law.
" |
|
PENDING |
docbot Bot |
| Cuddlist |
"In no event will Cuddlist or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind, even if Cuddlist or any other such party has been advised of the possibility thereof.</p>
<p>Certain states do not allow limitations on implied warranties or the exclusion or limitation of certain damages.
If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you might have additional rights.
If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Cuddlist under such circumstances for liabilities which otherwise would have been limited shall not exceed $10.</p>
<p> </p>
ONLINE SERVICES
<p>" |
|
PENDING |
docbot Bot |
| Anime Dakimakura |
"If an analysis is stated on the face of the Invoice, it is not intended to be a complete analysis and is not to be regarded as a specification or warranty, unless specifically stated in writing to be such.
</p> Limitation of liability <p>Buyer acknowledges and agrees that seller’s liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice.
Such limitations on seller’s liability hereunder shall apply even if seller’s liability is due in whole or in part to its own negligence.
" |
|
PENDING |
docbot Bot |
| gamezop |
"In the event where the total contribution from contestants in a contest towards the distributable pool remains less than the actual distributions to be done for such contest, gamezop may contribute in the said pool to the extent of such shortfall (between the actual distribution to be done and contributions by the contestants) and bear its cost as promotional expenditure.</li>
<li>Contestants requiring information on tax or legal issues are recommended to contact a tax advisor or the relevant authorities in india.</li>
" |
|
PENDING |
docbot Bot |
| shop for fresh |
"DHARATI WHOLE FOODS, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY DELIVERY PERSONNELS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO DHARATI WHOLE FOODS FOR THE PAST 12 MONTHS OF THE SERVICES.<br>
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.<br>
<br>
5.
" |
|
PENDING |
docbot Bot |
| find me gluten free |
"D.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
</p>
<p>E.
THE FMGF ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE FMGF ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
</p>
<p>F.
THE FMGF ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
</p>6.
RESTRICTIONS
<p>We are under no obligation to enforce the Terms on your behalf against another user.
" |
|
PENDING |
docbot Bot |
| Sweepstakes Alerts |
"10.
Limitation on Liability.</strong> IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE.
THIS LIMITATION INCLUDES ANY DAMAGES OF ANY NATURE FOR THE DISCLOSURE OR MISUSE OF ANY YOUR PERSONAL INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF LEGAL ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
IN ALL EVENTS, OUR TOTAL MAXIMUM LIABILITY SHALL BE LIMITED TO ONE HUNDRED U.S.
DOLLARS ($100.00).
THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
THIS IS A BARGAINED AND AGREED TO PROVISION
</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Amellia Skin Cream |
"Notwithstanding this disclaimer, if we are found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then our liability will in no event exceed, in total, the sum of $100.00.
</p> Content Disclaimer <p> The information on the web site is intended solely as a general educational aid.
It's not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts.
Always see the advice of your physician or other qualified healthcare provider regarding any medical condition before using the Product.
</p> Disclaimer of Warranties With Respect to Use of Web Site <p> We make no warranty of any kind regarding the web site, the trial offer, the recurring shipping program, or any product or service available on this web site, each of which is provided on an "as is" and "as available" basis.
We expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
" |
|
PENDING |
docbot Bot |
| marshalls |
"OR LOSS OF DATA. .
IN NO EVENT WILL THE TJX BUSINESSES OR THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.<u> .
HOWEVER, THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF THE TJX BUSINESSES’ OWN FRAUD, WILLFUL INJURY, WILLFUL VIOLATION OF LAW, NEGLIGENCE, OR A VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A.
2A:58C-1 ET SEQ.</u>
" |
|
PENDING |
docbot Bot |
| The Emergency Email And Wireless Network |
"Wireless Network its partners, sponsors or content providers will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in the website or contained in an email or a site which is linked to The Emergency Email &.
Wireless Network website site, even if there is negligence on the part of The Emergency Email &.
Wireless Network, its partners, sponsors or content providers.
or an authorized  .
representative, partner, sponsor or content provider has been advised of the possibility of such damages, or both.
The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
The Emergency Email &.
Wireless Network total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access The Emergency Email &.
Wireless Network website.
This site may be linked to other sites which are not maintained by The Emergency Email &.
Wireless Network.
The Emergency Email &.
Wireless Network is not responsible for the content of those sites.
" |
|
PENDING |
docbot Bot |
| Uniswap |
"and (g) the defamatory, offensive, or illegal conduct of any third party.
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to and use of the Interface, or USD$100.00, whichever is greater.
This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages.
" |
|
PENDING |
docbot Bot |
| Uploadfiles |
"IN NO EVENT WILL UPLOADFILES AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UPLOADFILES AND YOU.
" |
|
PENDING |
docbot Bot |
| Prey |
"Prey assumes no responsibility for the provisions of their services free-of-charge.
In the case of our paid users, our civil liability is limited to the amount of the payments made by the user over the last year.</p>
<p> </p>VALIDITY OF THE TERMS &.
CONDITIONS<p>The herein Terms &.
" |
|
PENDING |
docbot Bot |
| Security Trails |
"THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.</p>
<p>THE LIMITATIONS ON SECURITYTRAILS’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT SECURITYTRAILS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.</p>
<p>SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SECURITYTRAILS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, " |
|
PENDING |
docbot Bot |
| PrivateMail |
"WE WILL NOT BE LIABLE FOR ANY ACTIONS TAKEN BY THIRD PARTIES. .
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE DIGITAL SERVICES IS TO STOP USING THE SITE.
OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE DIGITAL SERVICES. .
" |
|
PENDING |
docbot Bot |
| Active Minds |
"AND OUR CHAPTERS, LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF THE SERVICES OR THE PRODUCTS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES OR FOR THE PRODUCTS (OR, IF WE CHOOSE, TO SUPPLY YOU THE SERVICES AGAIN).</p>
<p>IN ALL CASES RELATING TO PROVIDING YOU THE SERVICES OR THE PRODUCTS, ACTIVE MINDS (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AND AGENTS) AND ITS CHAPTERS, LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, EPIDEMICS OR PUBLIC HEALTH EMERGENCIES, DELAYS SHIPPING THE PRODUCTS, OR FAILURES OR DELAYS OF COMMON CARRIERS), OR TELECOMMUNICATION OR INTERNET FAILURES.</p>
<p> </p>
<p>
<b>11.
Business/Employer Uses of our Services</b>
</p>
<p>" |
|
PENDING |
docbot Bot |
| skimble |
"ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM SKIMBLE OR THE USER CONTENT, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SKIMBLE'S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AND DISABILITY AS WELL AS DAMAGES TO PERSONAL PROPERTY.
</p>
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SKIMBLE AND THE OTHER SKIMBLE PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO USE OF THE SERVICES EXCEED (A) THE AMOUNT PAID BY YOU TO SKIMBLE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
THE FOREGOING LIMITATION SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER " |
|
PENDING |
docbot Bot |
| shutter fly |
"YOUR SOLE AND
EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP
USING THE SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE
MAXIMUM LIABILITY OF THE SHUTTERFLY PARTIES ARISING OUT OF OR RELATING IN ANY
WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE
THE ACTUAL PRICE PAID THEREFORE BY YOU.
NOTE: CERTAIN JURISDICTIONS MAY NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER
TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY
TO YOU.</p>
<p>
<strong>12.
POLICY FOR IDEA SUBMISSION</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| atlanticrecords |
"INFORMATION OR MATERIALS ON THE SITE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE SITE.
</p>
<p> IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| HomeWindowPrices |
"IN NO EVENT SHALL QUINSTREET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE WEBSITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT QUINSTREET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY.
QUINSTREET’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE WEBSITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).</p>
</li>
<li>
<b>Amendment</b>.<p>" |
|
PENDING |
docbot Bot |
| Hitnamer.com |
"ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Hitnamer.com :(-): IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL Hitnamer.com :(-):’S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S.
DOLLARS.
<br> THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION " |
|
PENDING |
docbot Bot |
| Snow Software |
"THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND SNOW.</p>
<p>
<strong>LIMITATION OF LIABILITY</strong>
</p>
<p>EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL SNOW BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF SNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, SNOW IS FOUND TO BE LIABLE TO YOU, SNOW’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED $100.00 USD.
SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY.
" |
|
PENDING |
docbot Bot |
| Airestech |
"OR IF IT WAS REASONABLY FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE OR RELIANCE ON, THE PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, OR ANY CONTENT THEREON.
IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE PLATFORM.
REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE PLATFORM EXCEED THE LESSER OF $1000 OR THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.</p>
<p>
<strong>Claims</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Zenkit |
"<ol>
<li>any special, incidental or consequential damages;</li>
<li>the cost of procurement for substitute products or Services;</li>
<li>for interruption of use or loss or corruption of data.
or</li>
<li>for any amounts that exceed the fees paid by you to Axonic Informationssysteme GmbH under this agreement during the twelve (12) month period prior to the cause of action.</li>
</ol>
<p>Axonic Informationssysteme GmbH shall have no liability for any failure or delay due to matters beyond their reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.</p> " |
|
PENDING |
docbot Bot |
| Teen Counseling |
"YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.</p>
<p>YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU " |
|
PENDING |
docbot Bot |
| Glimesh |
"OR CONDUCT OF ANY THIRD PARTY (INCLUDING USERS) ON THE SITE.
OR (IV) ANY OTHER MATTER RELATING TO THE SITE.
IN NO EVENT WILL GLIMESH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).</p>
<p>
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Quicken |
"YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON ANY SITE CONTENT.
WE ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.</p>
<p>
<strong>Limitation of Liability.</strong> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES OR LOSS, CORRUPTION, FAILURE OF SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF QUICKEN AND ITS SUPPLIERS FOR ANY AND ALL CLAIMS ARISING HEREUNDER SHALL BE THE AMOUNT YOU PAID TO QUICKEN FOR PRODUCTS AND SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.
" |
|
PENDING |
docbot Bot |
| SANESolution |
"You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us (or our suppliers, operational service providers, or other e-commerce partners) for it.
" |
|
PENDING |
docbot Bot |
| AAX.com |
"AAX and its Affiliates shall not be liable to you or others for: (a) any indirect, incidental, special, exemplary, consequential or punitive damages;(b) any loss of data, business, opportunities, reputation, profits or revenues.
or (c) any loss relating to the use of our Platform or any products or services we offer.9.2.We do not exclude or limit our liability to you where it would be illegal to do so.
This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
9.3.If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer.
In such cases, nothing in this Terms of Use limit your legal rights as a consumer that may not be waived by contract.
9.4.Other than the types of liabilities that we cannot limit by law, the liabilities of AAX (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.
" |
|
PENDING |
docbot Bot |
| Jornaya |
" IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, OR AS OTHERWISE ALLOWED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT WILL NOT EXCEED THE SUM OF ALL AMOUNTS PAID OR PAYABLE BY YOU TO JORNAYA IN THE TWELVE (12) MONTHS PRIOR TO THE TIME A CLAIM IS BROUGHT.</p>
<p>(c) Unless otherwise allowed by law, you and Jornaya agree that any cause of action arising out of or related to our Platform, Our Technology, or this Agreement must commence within one (1) year after the cause of action accrues.
otherwise, such cause of action is permanently barred.</p>
<p>" |
|
PENDING |
docbot Bot |
| SplashLearn |
"SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE SPLASHLEARN PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO SPLASHLEARN IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.
" |
|
PENDING |
docbot Bot |
| Chatwork |
"Without limiting the foregoing, you agree that the aggregate liability of the Chatwork Co., Ltd.
parties arising from or related to any form of action or claim, is limited to the service fees paid for the service.</p>
<p>" |
|
PENDING |
docbot Bot |
| Logically |
"LOGICALLY DISCLAIMS ALL LIABILITY IN CONNECTION WITH THE COLLECTION, STORAGE, REPRODUCTION, AND PROVISION OF THE SERVICE CONTENT TO CLIENT AND CLIENT’S USE OF SERVICE CONTENT.
THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.</p>
17.
Limitation of Liability
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) LOGICALLY WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOST PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CONTENT (OR ANY CONTENT RELATED THERETO) OR ANY INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE SERVICES, THE SERVICE CONTENT, OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) EXCEPT IN THE EVENT OF ITS WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT WILL LOGICALLY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, AND THE SERVICE CONTENT, WHETHER SOUNDING IN TORT, CONTRACT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID BY CLIENT TO LOGICALLY WITHIN THE SIX (6) MONTHS PRECEDING SAID CLAIM.
" |
|
PENDING |
docbot Bot |
| KeyMessages.App |
"Optinno &.
its affiliates have no liability whatsoever for your use of any information or Services.
Our maximum liability to you under ALL circumstances will be equal to the purchase price you pay for any information, products and/or Services.
<br>
<br>
14.
Changes to these terms
<br>
<br>
14.1 Optinno may occasionally change or update this Terms.
" |
|
PENDING |
docbot Bot |
| vpnmentor |
"Limitation of Liability</strong>
</p>
<p>IN NO EVENT WILL THE COMPANY BE LIABLE FOR (A) ANY INDIRECT, SPECIAL,CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE THOUSAND UNITED STATES (US$1,000.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY THE COMPANY PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p> </p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| NEXTERS |
"TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE NEXTERS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO THE NEXTERS PARTIES.
</p>
<p> SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.
" |
|
PENDING |
docbot Bot |
| Framework |
".</p>
Limitation of Liability
<p>EXCEPT FOR BODILY INJURY, FRAMEWORK WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE AMOUNTS PAID TO FRAMEWORK HEREUNDER OR (II) ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR (III) ANY LOST PROFITS, DATA LOSS, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES.
" |
|
PENDING |
docbot Bot |
| Framework |
"the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.</strong>
</li>
</ul>
<p>
<strong>This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.</strong>
</p>
<p>
<strong>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User.
The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction.
" |
|
PENDING |
docbot Bot |
| Figma |
"OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIGMA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.</p>
<p>9.2.
IN NO EVENT WILL FIGMA OR SUPPLIERS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO FIGMA IN THE PRECEDING TWELVE MONTHS " |
|
PENDING |
docbot Bot |
| Flatiron Media |
"THE FLATIRON MEDIA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.
THE TOTAL LIABILITY OF FLATIRON MEDIA AND THE FLATIRON MEDIA PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS OR USE THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO " |
|
PENDING |
docbot Bot |
| Headphonesty |
"In no event will Headphonesty,
or its suppliers
or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence,
strict liability or other legal or equitable theory for: (i) any special, incidental or consequential
damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or
loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you
to Headphonesty under this agreement during
the twelve (12) month period prior to the cause of
action.
" |
|
PENDING |
docbot Bot |
| Roman |
"AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL RO, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SERVICES OR ANY SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
THIS IS TRUE EVEN IF RO OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.</p>
<p>IN NO EVENT SHALL RO OR IT’S RELATED PERSONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.</p>
<p>Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as in this section.
" |
|
PENDING |
docbot Bot |
| Handshake |
"Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In no event will the Handshake parties total liability to you for all damages, losses or causes of action exceed one hundred United States dollars ($100.00).
</p>
<p> " |
|
PENDING |
docbot Bot |
| American Prize Center LLC |
"We also do not warrant that the Sites or the information available through the Site or the Content is appropriate, accurate or available for use in any particular jurisdiction. .
In no event will our total cumulative liability to any user exceed an amount equal to the lesser of (i) the value of the Sweepstakes prize, or (ii) $1,000.</p>
<p>
<b>LIABILITY RELEASE</b>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Boy Scouts of America |
"Our aggregate liability and the aggregate liability of any of our suppliers, local councils, or service providers, arising from or relating to this TOU (regardless of the form of action or claim, <em>e.g.</em>, contract, warranty, tort, strict liability, negligence, malpractice, fraud or any other legal theory) is limited to one-hundred U.S.
dollars ($100).
Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.</p>
<p>
</p>
<b>" |
|
PENDING |
docbot Bot |
| DBA Originals |
"We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.</p>
<p>13.
Our Liability to You is Limited: mindbodygreen and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to Our Website, Our Online Courses or Our Other Products, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in Our Website, Our Online Courses or our Wellness Content (including, without limitation, as a result of breach of any warranty or other term of these Site Terms).
Any claim against us shall be limited to the amount you paid, if any, for use of Our Website or the applicable Online Course or Other Product.
Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users.
" |
|
PENDING |
docbot Bot |
| Athena Secret Tarot Reading |
"Certain jurisdictions where we offer our Services do not authorize the exclusion of certain warranties.
To the extent permitted by the applicable law, we exclude all and any warranties.<br>
</p> Limitation of liability <p>To the extent permitted by the applicable law, in no event shall Mediaweb Limited, its suppliers and service providers accept liability to any person for any direct or indirect loss of profits, revenue or data, or for indirect, special, consecutive, aggravated or punitive damages or interest, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of these web pages, even if Mediaweb Limited has been advised of the possibility of the same.</p>
<p>To the extent permitted by the applicable law, the total liability of Mediaweb Limited, its suppliers and service providers, for any claim arising from these General Terms and Conditions of Use, including for any implicit warranty, is limited to the amount you paid us to use our Services.</p>
<p>Under no circumstances can Mediaweb Limited, its suppliers and service providers be held liable for any loss or damages which were not reasonably foreseeable.</p>
<p>We recognize that, in some countries, you can enjoy certain rights as a consumer.
" |
|
PENDING |
docbot Bot |
| The Patriot Post |
"In no event will the collective liability of the Company and its licensors, service providers, content providers, employees, agents, officers, directors and shareholders to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the aggregate amount User has paid to the Company for the applicable Content or product or service out of which liability arose.</p> 8.
Indemnity.
<p>User will indemnify and hold the Company, its publisher, national advisory committee, licensors, licensees, content providers, service providers, contractors, officers, directors, shareholders, employees, affiliates, and agents (the “<strong>Indemnified Parties</strong>”) harmless from any claim, demand, loss, liability, award, judgment, damage or expense (including costs of investigation and defense and reasonable attorneys' fees), whether or not involving a third-party claim, arising, directly or indirectly, from or in connection with: (a) any breach of these Terms and Conditions by User, including, without limitation, any use of Content other than as expressly authorized in these Terms and Conditions.
(b) the forwarding, posting, reprinting or distribution by User of any Content or Publications.
or (c) the posting of any and all materials by User on the Forums or the use of such materials in the Company's Publications.
The remedies provided in this Section 8 will not be exclusive of or limit any other remedies that may be available to the Company or the other Indemnified Parties.</p> 9.
Links to Third Party Web sites.
<p>The Web sites contains links to Web sites not under the control of the Company.
The Company provides these links simply as a convenience to the User.
this convenience should not be considered as an endorsement by the Company of the content, operators, products, or services of or available on or through such sites, and the Company does not make any representation or warranty as to the accuracy, quality, completeness, availability, or any other aspect of the information, content, operators, products or services of, or available on, from or through, such sites.
" |
|
PENDING |
docbot Bot |
| Plato |
"DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.<br>
<br>THE LIMITATIONS ON PLATO’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT PLATO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.<br>
<br>SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL PLATO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, " |
|
PENDING |
docbot Bot |
| Tripening |
"<ol>
<li>NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, YOUR USE OF THE SERVICES ON THE PLATFORM IS AT YOUR SOLE RISK AND IN NO EVENT WILL TRIPENING’S (INCLUDING ITS AFFILIATES (IF ANY), ITS LICENSORS, THIRD PARTY VENDORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES ON THE PLATFORM. </li>
</ol>
<p> </p>
" |
|
PENDING |
docbot Bot |
| GO WITH CHARLOTTE |
"In addition, Company does not represent or warrant that our Site are accurate, complete, reliable, current or error-free.
While Company attempts to make your use of our Site and any content therein safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components.
You assume the entire risk as to the quality and performance of the Site.</p> 12.
Limitation of Liability
<p>To the fullest extent permitted by applicable law, Company and the other Company Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Company or the other Company Parties have been advised of the possibility of such damages.</p>
<p>The total liability of Company and the other Company Parties for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to the greater of $5 or the amount paid by you to use our Site.</p>
<p>The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
" |
|
PENDING |
docbot Bot |
| Lemon8 |
"(IV) ANY LOSS OF DATA SUFFERED BY YOU.
OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU.
ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO LEMON8 WITHIN THE LAST 12 MONTHS.
AND</p>
</li>
<li>
<p>ANY LOSS OR DAMAGE " |
|
PENDING |
docbot Bot |
| DBA Originals |
"AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING THE FAILURE TO COMPLY WITH ANY WARNING LABELS OR INSTRUCTIONS ATTACHED TO THE PRODUCTS.</p>
<p>22.
Limitation on Liability.
mindbodygreen and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to Our Website or the, Our Online Courses or Our Other Products, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in Our Website or the, Our Online Courses or Our Wellness Content (including, without limitation, as a result of breach of any warranty or other term of these Term of Sale or Our Terms of Use).
Any claim against Us shall be limited to the amount you paid, if any, for use of Our Website or the applicable Online Course or Other Product.
Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users.
in such states liability is limited to the fullest extent permitted by law.</p>
<p>23.
Indemnity.
" |
|
PENDING |
docbot Bot |
| ILoveSamples |
"THE FLATIRON MEDIA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.
THE TOTAL LIABILITY OF FLATIRON MEDIA AND THE FLATIRON MEDIA PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS OR USE THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO " |
|
PENDING |
docbot Bot |
| Kader |
"We disclaim all and make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the Application by any third party.
Some jurisdictions do not allow for all the foregoing limitations on implied warranties, so to that extent, if any, some or all of the above limitations may not apply to you.</p>
<p>
<br>
</p>
<p>7.
Limitation Of Liability</p>
<p>IN NO EVENT WILL KADER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KADER’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AGGREGATE AMOUNT OF PAYMENTS OWED BY KADER FOR KADER ENGAGEMENTS PERFORMED UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD PRIOR TO THE OCCURRENCE OF THE FIRST CLAIM TO GIVE RISE TO LIABILITY UNDER THIS AGREEMENT.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS OF CERTAIN TYPES OF DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.</p>
<p>8.
Term &.
Termination</p>
<p>
<b>8.1 .
" |
|
PENDING |
docbot Bot |
| CommerceCS |
"Limitation of Liability <p>
</p>
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| clickcease |
"AND EXCEPT IN THE EVENT OF OUR
INTENTIONAL MISCONDUCT OR BREACH OF OUR CONFIDENTIALITY OBLIGATIONS, WE, INCLUDING OUR EMPLOYEES,
DIRECTORS, OFFICERS, SHAREHOLDERS, ADVISORS, AND ANYONE ACTING ON OUR BEHALF, WILL NOT BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY OR PUNITIVE DAMAGES, LOSSES (INCLUDING
LOSS OF PROFIT, LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES AND LOSS OF DATA), COSTS, EXPENSES AND
PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN
CONNECTION, WITH THESE TERMS, ANY USE OF, OR THE INABILITY TO USE THE SERVICE, ITS CLICK FRAUD
PREVENTION OR DETECTION FEATURES, OR THE OUTPUT DATA, ANY RELIANCE UPON THE OUTPUT DATA OR THE CLICK
FRAUD PREVENTION OR DETECTION FEATURES IN THE SERVICE , OR ANY ERROR, INCOMPLETENESS, INCORRECTNESS
OR INACCURACY OF THE SERVICE, ITS CLICK FRAUD PREVENTION OR DETECTION FEATURES, OR THE OUTPUT DATA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT IN THE EVENT OF OUR INTENTIONAL
MISCONDUCT OR BREACH OF OUR CONFIDENTIALITY OBLIGATIONS, THE TOTAL AND AGGREGATE LIABILITY OF US AND
OUR EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, ADVISORS, AND ANYONE ACTING ON OUR BEHALF, FOR
DAMAGES ARISING OUR OF OR RELATED TO THESE TERMS, THE SERVICE OR THE OUTPUT DATA, SHALL BE LIMITED
TO THE FEES YOU HAVE ACTUALLY PAID US IN THE SIX MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE
TO THE CLAIM.
<br>10.3.
We may modify, adapt, improve, or enhance the Service, or any of its features, user
interface, design or any other aspect related to it, without being obligated to provide you notice
thereof.
" |
|
PENDING |
docbot Bot |
| Facepunch Studios |
"FACEPUNCH, ITS AFFILIATES, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE OR 'LOSS' RELATING TO THE FACEPUNCH SERVICES.
(II) OUR LIABILITY CAP.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE FACEPUNCH SERVICES OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S).
(III) YOUR INDEMNITY TO US.
" |
|
PENDING |
docbot Bot |
| Barracuda Networks |
"UNDER NO CIRCUMSTANCES SHALL EITHER PARTY, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
</p>
<p> 10.2.
<u>LIMITATION OF LIABILITY</u>.
THE TOTAL AGGREGATE LIABILITY OF BARRACUDA AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNTS OWED OR PAID BY CUSTOMER FOR THE RELEVANT PRODUCTS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY " |
|
PENDING |
docbot Bot |
| USA Grant Applications |
"USA Grant Applications is not a funding agency and does not give away money.</p>
<p>
<b>Limitation of Liability</b>
</p>
<p>USA Grant Applications, SHALL NOT be liable for any damages whatsoever, and in particular USA Grant Applications, shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if USA Grant Applications, has been advised of the possibility of such damages.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
</p>
<p>You agree by submitting your order for the USA Grant Applications Membership to www.USAGrantApplications.org that the Company's maximum liability is limited to the total amount paid by you for the membership fee, regardless of extenuating circumstances.
" |
|
PENDING |
docbot Bot |
| NATURE TONICS TESTO |
"Notwithstanding this disclaimer, if we are found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then our liability will in no event exceed, in total, the sum of $100.00.
</p> Content Disclaimer <p> The information on the web site is intended solely as a general educational aid.
It's not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts.
Always see the advice of your physician or other qualified healthcare provider regarding any medical condition before using the Product.
</p> Disclaimer of Warranties With Respect to Use of Web Site <p> We make no warranty of any kind regarding the web site, the trial offer, the recurring shipping program, or any product or service available on this web site, each of which is provided on an "as is" and "as available" basis.
We expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
" |
|
PENDING |
docbot Bot |
| Tadalix |
"ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.</p>
<p>(f) LIMITATION OF LIABILITY.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.</p>
<p>
<strong>12.
Force Majeure.</strong>
</p>
<p>You acknowledge and understand that if the Web Site is unable to provide the Products as a result of a force majeure event the Website will not be in breach of any of its obligations towards You under these Terms of Service.
A force majeure event means any event beyond the control of the Website.
" |
|
PENDING |
docbot Bot |
| MightyCall |
"AND WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Some jurisdictions’ laws do not allow exclusion of specific implied warranties, in which case the disclaimer of implied warranties may not apply to you to that extent.</p>
<strong>Limitation of Liability</strong>
<p>WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE.
UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE, EXCEED THE GREATER OF US$100 AND THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICE DURING THE TWELVE MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY.
" |
|
PENDING |
docbot Bot |
| Facepunch Studios |
"Limits on Liability
<p>
<em>
<strong>Neither the company nor its suppliers will be liable to you for breach-of-contract damages their personnel could not have reasonably foreseen when you agreed to these terms.</strong>
</em>
</p>
<p>
<em>
<strong>As far as the law allows, the total liability to you for claims of any kind that are related to the forum or content on the forum will be limited to $50.</strong>
" |
|
PENDING |
docbot Bot |
| Facepunch Studios |
"FACEPUNCH, ITS AFFILIATES, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE OR 'LOSS' RELATING TO THE FACEPUNCH SERVICES.
(II) OUR LIABILITY CAP.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE FACEPUNCH SERVICES OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S).
(III) YOUR INDEMNITY TO US.
" |
|
PENDING |
docbot Bot |
| Sentry |
"Indemnification Obligations<p>You agree, at your sole expense, to defend, indemnify and hold Sentry (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (whether at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees, costs, penalties, interest and disbursements) arising out of or relating to (i) your Content.
(ii) your use of the Site or the Services.
(iii) your failure to pay any taxes that you owe under these Terms.
and (iv) any other actual or alleged breach of any of your obligations under these Terms (including, among other things, any actual or alleged breach of any of your representations or warranties as set forth herein).
You will not settle any such claim in any manner that would require Sentry to pay money or admit wrongdoing of any kind without our prior written consent, which we may withhold in our sole discretion.</p>
</li>
<li>Limitation of Liability<ol>
<li>
<p>IN NO EVENT WILL SENTRY’S TOTAL, AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) ANY PART OF THE SITE OR THE SERVICES EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO SENTRY IN SUBSCRIPTION FEES FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE ACCRUAL OF THE FIRST CLAIM.
" |
|
PENDING |
docbot Bot |
| MediaFire |
"PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL MEDIAFIRES AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MEDIAFIRE AND YOU.
IN STATES, COUNTRIES OR TERRITORIES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, MEDIAFIRE AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.</p>
<p>" |
|
PENDING |
docbot Bot |
| Wealthfront |
"Accordingly, some of the above exclusions may not apply to you.
</p>
<p>These are the limits of legal liability we may have to you.</p>
<p>3.3 Limitation of Liability</p>
<p>IN NO EVENT SHALL WEALTHFRONT OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF WEALTHFRONT, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH WEALTHFRONT OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WEALTHFRONT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL WEALTHFRONT'S CUMULATIVE LIABILITY TO YOU EXCEED U.S.
$100.</p>
<p>" |
|
PENDING |
docbot Bot |
| General Mills |
"(Some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so these provisions may not apply to you.
If any portion of these limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of General Mills and its affiliates shall not exceed one hundred dollars ($100).) </p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| soundtrap |
"AND/OR</p>
<p>
</p>
<p>3.
ANY LOSS OR DAMAGE (INCLUDING ANY LOST PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY, DAMAGES.</p>
<p>IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU UNDER THE AGREEMENT EXCEED THE GREATER OF (EURO) €100 OR THE AMOUNTS (IF ANY) PAID BY YOU TO US DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE PART OF THE SERVICE GIVING RISE TO THE CLAIM.</p>
<p>
</p>
<p>ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE MUST BE NOTIFIED TO US AS SOON AS POSSIBLE.</p>
<p>
</p>
<p>APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU AND YOUR END USERS.
IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND US, AND THAT OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.</p>
<p>THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
" |
|
PENDING |
docbot Bot |
| The American Sweepstakes |
"Costs of Arbitration <p>Unless otherwise stated in this Agreement to Arbitrate, all payments related to filing, administration and arbitrator fees (Arbitration Costs) will be governed by the AAA’s rules Where the value of the relief sought is less than or equal to $10,000 the Company may, at your request, pay all filing, administration, and arbitrator fees related to the arbitration.
" |
|
PENDING |
docbot Bot |
| FreeFlashLight |
"AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF THE SITE TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE SITE.
" |
|
PENDING |
docbot Bot |
| Short.io |
"Limitation Of Liability<p>In no event shall either party, or its respective directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service.
(ii) any conduct or content of any third party on the Service.
(iii) any content obtained from the Service.
and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.</p>
<p>Except for liability that cannot be limited by law, each Partys total aggregate liability, whether based on warranty, contract, tort (including negligence) or any other legal theory, arising out of or in connection with these Terms will be limited to an amount equal to the Subscription fees paid by you to Short.io during the preceding 12 month period from the date of the claim of liability.</p>Intellectual Property Indemnification<p>Short.io will defend, at its own expense, any third-party claim, suit or proceeding brought against you to the extent it is based upon a claim that the Service to which you have access under this Agreement, when used in accordance with the terms and conditions of this Agreement, infringe any United States patent, copyright or trade secret of any third party.</p>Disclaimer<p>Your use of the Service is at your sole risk.
" |
|
PENDING |
docbot Bot |
| Orange Neurosciences |
"6.
Indemnification <p>You agree to indemnify and hold ORANGE NEUROSCIENCES CORPORATION harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) your violation of the terms of this Agreement, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other rights of any person or entity.
We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.
You agree not to settle any matter without the prior written consent of Us.</p>
<p> </p> 7.
Limitation of Liability 7.1 Limitation of Liability <p>IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER OR, WITH RESPECT TO ANY SINGLE INCIDENT THE LESSOR OF $500 OR THE AMOUNT PAID BY YOU HEREUNDER IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE INCIDENT.</p>
<p> </p> 7.2 Exclusion of Consequential and Related Damages <p>IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
" |
|
PENDING |
docbot Bot |
| Auto Accident Team |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $1,000.00 USD.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| HushLove |
"You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages.
If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.</strong>
</p>
<p>
<strong>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE’S AGGREGATE LIABILITY TO YOU UNDER ANY THEORY EXCEED THE SUM OF ONE HUNDRED DOLLARS U.S.
OR THE AMOUNT PAID BY YOU TO THE SITE IN CONNECTION WITH THE SITE FROM THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS, WHICHEVER AMOUNT IS LESS.</strong>
</p>
</li>
<li>
<p>
<strong>Responsibility for Use of the Site</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| When I Work |
"AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL WHEN I WORK, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO WHEN I WORK HEREUNDER.</p>
<p>THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WHEN I WORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
" |
|
PENDING |
docbot Bot |
| Mondelez International |
"WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE, OR THE INFORMATION AND MATERIALS AVAILABLE FROM THIS SITE.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE COMPANY’S TOTAL, AGGREGATE LIABILITY TO YOU EXCEED $100.00.
</p> " |
|
PENDING |
docbot Bot |
| Valero Energy Corporation |
"In exchange for using this Site, the visitor agrees to hold Valero and its affiliates harmless against any claims for damages arising from any decisions that the visitor makes based on such information. .
Your eligibility for particular products and services described on the Site is subject to our final determination, restrictions, and acceptance. </p>
</li>
<li> LIMITATIONS OF LIABILITY <p>Under no circumstances, including, but not limited to, negligence, shall Valero be liable for any incidental, indirect, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if Valero or a Valero authorized representative 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 shall Valero’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Site.</p>
</li>
<li> " |
|
PENDING |
docbot Bot |
| Adaptavist |
"6.
Limitation of Liability and Exclusion of Consequential Loss<p>
<strong>Adaptavist shall not be liable for any loss or interruption of business, revenue, profits, use, data, wasted expenditure or other economic advantage, nor any indirect, punitive, special, incidental, or consequential damages suffered as a result of using the Website.
The foregoing exclusion shall apply however such liability arises, whether for breach of contract, tort (including negligence), strict liability, statutory duty or any other legal basis, even if Adaptavist has been previously advised of the possibility of such damage.
You shall hold Adaptavist harmless from any claims by yourself or your customer(s) for such losses.</strong>
</p>
<p>
<strong>The remedies set forth herein are exclusive, and Adaptavist’s aggregate liability whether for breach of contract, tort (including negligence), strict liability, statutory duty or any other legal basis shall not exceed £10 (ten British pounds) and you shall hold Adaptavist harmless for all losses in excess of this sum.</strong>
</p>" |
|
PENDING |
docbot Bot |
| Wachanga |
"LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES.
NOTWITHSTANDING THE ABOVE, YOU AGREE THAT THE MAXIMUM LIABILITY OF Wachanga IN CONNECTION WITH OR ARISING FROM ANY USE OF THE SERVICE, INCLUDING ANY APPLICATIONS OR GAMES, SHALL BE LIMITED TO $50 IN THE AGGREGATE PER USER.<br>
<br>
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
" |
|
PENDING |
docbot Bot |
| dus.net |
"(5) In the event of termination by speacial cause, dus.net has the right to charge two thirds of the sum of the monthly charges which the customer would have at a continuation of the contract with a notice of termination have been due to demand.
If the customer can demonstrate the dus.net that there is no or only a minor economic damage caused by the termination, dus.net waives that right. </p>
" |
|
PENDING |
docbot Bot |
| SignatureSurveys |
"FURTHER, IN NO EVENT SHALL SignatureSurveys.com's AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS OR THE SITE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE),STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT OF $10.00.</p>
<p>SignatureSurveys.com may provide links to third party Web Site or services from the Site.
" |
|
PENDING |
docbot Bot |
| Sesame Workshop |
"NO EVENT SHALL SESAME WORKSHOP OR THE SW PARTIES 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 SITES (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS).
IN NO EVENT SHALL SESAME WORKSHOP’S OR THE SW PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITES OR FOR ANY OF YOUR ACTIVITIES ON THE SITES.</p>
Termination
<p>Sesame Workshop may terminate, change, suspend or discontinue any aspect of the Sites at any time. Sesame Workshop may restrict, suspend or terminate your access to the Sites and/or this Agreement if we reasonably believe or suspect you have acted inappropriately on the Sites or you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability. Additionally, Sesame Workshop may terminate use or access privileges to the Sites of users who are repeat infringers of intellectual property rights. You may terminate this Agreement by discontinuing your use of and access to the Sites. This Agreement is effective until terminated by you, or by Sesame Workshop for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of the Sites and to immediately destroy all materials obtained from it.</p>
" |
|
PENDING |
docbot Bot |
| THe Calm Sleep |
"SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY USING OUR SERVICES.
<br>
<br>B.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF Calm Sleep INC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY NINDRA TECHNOLOGY PRIVATE LIMITED DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.
" |
|
PENDING |
docbot Bot |
| TERRA |
"IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS (US$100.00).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
" |
|
PENDING |
docbot Bot |
| AppLovin |
"The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.</p> 9.
Limitation of Liability.
Incidental Damages and Aggregate Liability.
<p>TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL APPLOVIN BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLOVIN KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
TO THE FULLEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES WILL APPLOVIN’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE NET AMOUNT PAID UNDER THIS AGREEMENT DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE RELEVANT CLAIM, BUT IN NO EVENT TO EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS (US$10,000).
NOTWITHSTANDING ANYTHING IN THE FOREGOING, IF NO AMOUNT HAS BEEN PAID BY OR TO USER IN THE THREE MONTH PERIOD IMMEDIATELY " |
|
PENDING |
docbot Bot |
| AppLovin |
"OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF COMPANY OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED $50.
THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF ANY ESSENTIAL REMEDY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE<br>ABOVE LIMITATION MAY NOT APPLY TO YOU.</p> U.S.
Government-Restricted Rights.
<p>" |
|
PENDING |
docbot Bot |
| Robert Half International Inc |
"YOU AGREE THE MAXIMUM AGGREGATE LIABILITY OF ROBERT HALF FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100.</p>
<p>Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages.
" |
|
PENDING |
docbot Bot |
| Ableton |
"12.c The above liability restrictions shall also apply to agents of the Ableton.</p>
<p>II.
IF YOU ACQUIRED THE SOFTWARE OUTSIDE EUROPE</p>
<p>LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABLETON OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR DEFECT IN OR CAUSED BY THE SOFTWARE, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ABLETON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. .
IN ANY CASE, ABLETON’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR REPLACEMENT OF THE SOFTWARE WITH PRODUCT OF COMPARABLE RETAIL VALUE, AS ABLETON MAY ELECT IN ITS SOLE DISCRETION. .
" |
|
PENDING |
docbot Bot |
| Launchpad |
"INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
WITHOUT LIMITING THE FOREGOING, IN THE EVENT YOU OR ANY OTHER PERSON OR ENTITY IS ENTITLED TO DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, THE COLLECTIVE LIABILITY OF GSA, ITS AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, AND DIRECTORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED $100.<br>
<br>
</p>
<p>
<br>
</p>
<p>IN ADDITION TO AND WITHOUT LIMITING ANY OF THE FOREGOING, WE WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF TERRORISM, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES.<br>
<br>THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.<br>
<br>
</p>
<p>" |
|
PENDING |
docbot Bot |
| ALPHA CODERS |
"9B) <b> In no event will Alpha Coders’s aggregate liability, or that of its officers, directors, employees and agents, arising out of or in connection with these terms or from the services, or from the use of or inability to use the services, user content or Alpha Coders content exceed one hundred dollars ($100).
The limitations of liability set forth above are fundamental elements of the basis of the bargain between Alpha Coders and you.
Some jurisdictions do not allow the exclusion or certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above disclaimers and limitations may not apply to you.
</b>
</li>
<li> 9C) The Service is controlled and operated from its facilities in the United States.
</li>
<li> 9D) " |
|
PENDING |
docbot Bot |
| GiftCardQuiz |
"FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USERS, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SERVICES, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
INQUIRE NETWORK’ MARKETING PARTNERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS.
IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN INQUIRE NETWORK’ AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED WHAT IT PAID YOU FOR THE LAST 30 DAY PERIOD PRIOR TO YOUR CLAIM.
</p>
<p>
<b>SPECIAL STATE DISCLOSURES</b>
</p>
<p>
<b>NEW JERSEY RESIDENTS: </b>The following are modifications to the provisions in Section 10 Legal Notices and apply only to consumers who are residents of New Jersey.
" |
|
PENDING |
docbot Bot |
| Cluster |
"THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU..</p>
<p>
<em>Limitation of Liability.</em> TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CLUSTER BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO CLUSTER IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
" |
|
PENDING |
docbot Bot |
| Sanity |
"General disclaimer</strong>
</p>
<p>Without prejudice for the warranties and disclaimers that may apply under Section 7.2 above, each party is only liable for damages caused intentionally or with gross negligence, in accordance with statutory mandatory law.</p>
<p>
<strong>9.2 Indirect loss</strong>
</p>
<p>Without prejudice to the above Section 9.1, in no event will a party be liable for special, incidental, direct or consequential damages arising out of or in connection with this Agreement (under any legal theory including claims in contract or tort), including, but not limited to, interrupted communications, lost data or lost profits, and damages that result from inconvenience, delay or loss of use of any information or data or of the Sanity Services, even if Sanity has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy provided herein.</p>
<p>
<strong>9.3 Maximum liability</strong>
</p>
<p>Without prejudice to the above Section 9.1, a party's total cumulative liability to the other party for any and all claims arising from or in connection with this Agreement (under any legal theory including claims in contract or tort), the Sanity Services shall not exceed the amounts actually paid by Customer to Sanity in the twelve (12) month period immediately preceding the party's formal written notice of the claim for liability hereunder.
All claims a party may have against the other party will be aggregated to satisfy this limit and multiple claims will not enlarge this limit.</p>
<p>
<strong>10.
Confidentiality</strong>
</p>
<p>
<strong>10.1 Duty</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Blooket |
"To the full extent permissible by law, BLOOKET disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
BLOOKET does not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, BLOOKET’s servers, or electronic communications sent from BLOOKET are free of viruses or other harmful components.
To the full extent permissible by law, BLOOKET will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this these Terms.
Further, to the full extent permissible by law, BLOOKET’s aggregate liability arising out of or in connection with these Terms will not exceed the total amounts you have paid (if any) to BLOOKET under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability.
These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Indemnification This section only applies to the extent permitted by applicable law.
" |
|
PENDING |
docbot Bot |
| The Washington Times |
"THE WASHINGTON TIMES MAKES NO WARRANTIES THAT YOUR USE OF TWT DIGITAL PRODUCTS OR THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN TWT DIGITAL PRODUCTS OR THE CONTENT.</p>
<p>
<strong>Limitation On Liability</strong>
</p>
<p>THE WASHINGTON TIMES, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE WASHINGTON TIMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE WASHINGTON TIMES AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE WASHINGTON TIMES FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.</p>
<p>
<strong>Indemnity</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| KIDOODLE.TV |
"You agree that APMC may collect interest at the lesser of 1.5% per month (18% per annum) or the highest amount permitted by law on any amounts not paid when due, where relevant.</p>
<ol>
<li>OUR MATERIALS</li>
" |
|
PENDING |
docbot Bot |
| Pipefy |
"The Parties agree that the liability for direct damages, damages arising out or related to this Agreement may not exceed the amount paid by the COSTUMER in the last 12 months prior to the harmful event, except in cases of serious neglect or intentional misconduct.</p>
<p>11.2.1 .
The above limitations will apply whether an action is in Contract or tort and regardless of the theory of liability. .
" |
|
PENDING |
docbot Bot |
| Kid Everes |
"You and Kid Everest agree to submit to the exclusive jurisdiction and venue of the courts located in New Hampshire except as provided below regarding optional arbitration.</p>
<p>Optional Arbitration For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S.
Dollars ($10,000.00 USD), shall be settled through arbitration that takes place in New Hampshire, in the English language and the arbitral decision may be enforced in any court.
" |
|
PENDING |
docbot Bot |
| Rand McNally |
"Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.<br>
IF THIS EXCLUSION OF WARRANTY OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN RAND MCNALLY AND ITS AFFILIATES' MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT OF ANY SUBSCRIPTION OR MEMBERSHIP FEE WHICH YOU MAY HAVE PAID FOR THE SERVICE.<br>
Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Rand McNally or each of their respective licensors.
" |
|
PENDING |
docbot Bot |
| Rand McNally |
"Buyer acknowledges that all or part of the goods may be manufactured, assembled or otherwise worked on at any of RM's or its subcontractors' facilities, domestic and foreign.</p>
<p>Notwithstanding anything to the contrary contained herein, RM shall not, under any circumstances, be liable to the Buyer or any third parties for consequential, incidental, special, punitive or exemplary damages whether in an action based on contract, tort (including negligence), breach of warranty or any other legal theory, arising out of or related to the transaction(s) contemplated hereunder, including but not limited to lost profits or loss of business, even if RM is apprised of the likelihood of such damages occurring.</p>
<p>Under no circumstances shall RM's total liability of all kinds arising out of or related to the Agreement between RM and Buyer or otherwise (including but not limited to any warranty claims hereunder), whether based on contract, tort or otherwise, exceed the total amount paid by Buyer to RM hereunder for the goods or services actually giving rise to such liability (the amount of such liability to be determined as of the date of any final judgment in such action).</p>
<p>" |
|
PENDING |
docbot Bot |
| Opinion City |
"7.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Materials available or not included therein, (b) the unavailability or interruption of the Online Services or any features thereof or any Materials, (c) your use of the Online Services or Materials (regardless of whether you received any assistance from a Covered Party in using the Online Services), (d) your use of any equipment in connection with the Online Services, (e) the content of Materials, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.<br>7.2 "Covered Party" means OpinionCity.com, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of OpinionCity.com or its affiliates.<br>7.3 "The Company" means OpinionCity.com.<br>7.4 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES.
" |
|
PENDING |
docbot Bot |
| Everyday Winner |
"THE FLATIRON MEDIA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.
THE TOTAL LIABILITY OF FLATIRON MEDIA AND THE FLATIRON MEDIA PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS OR USE THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO " |
|
PENDING |
docbot Bot |
| TRADER ON THE STREET |
"Upon termination, Your right to use the Service will cease immediately.</p>
Limitation of Liability
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
In these states, each party's liability will be limited to the greatest extent permitted by law.</p>
"AS IS" and "AS AVAILABLE" Disclaimer
<p>The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.
" |
|
PENDING |
docbot Bot |
| up level rewards |
"Limitation of
Liability.</b> To the maximum
extent allowed by applicable law, we will not be liable for any indirect,
incidental, special, or consequential damages arising out of or relating to the
Terms &.
Conditions, the Websites, or any Rewards, no matter how caused.
In
no event will our total cumulative liability to any user exceed an amount equal
to the lesser of (i) the value of the Reward for which the consumer has
registered, (ii) $1,000, or (iii) the actual dollar amount consumer spent on
the Website and third-party sites completing sponsored Deals. </p>
<p>
<b>" |
|
PENDING |
docbot Bot |
| Mynextpay |
"Such electronic representation may be for less than the original amount owed us or in any increments totaling the amount due including the maximum permissible non-sufficient funds fees charged by us.</p>
<p>Class Action – You agree, to the extent permitted by law, that you will not bring, join, or participate in any class action or multi-plaintiff action as to any claim, dispute, or controversy you may have against Mynextpay.
" |
|
PENDING |
docbot Bot |
| Leetcode |
"RELATING TO THE SERVICES.
SOME STATES 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.
</p>
<p> NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY AND THE LIABILITY OF EACH OF OUR OFFICERS, MANAGERS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $500.
</p>
<p> CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| unemploymentbenefitsguide |
"THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREUNDER.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500).
" |
|
PENDING |
docbot Bot |
| SmugMug |
"WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE SMUGMUG MATERIALS, EXCEED COMPENSATION YOU PAY, IF ANY, TO SMUGMUG FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.<br>
<br>CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| SendMeSamples |
"LOST PROFITS, LOST REVENUES, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES IN ALL CASES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES, THE SOFTWARE, OR INFORMATION AND CONTENT CONTAINED THEREIN.
This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal or equitable theory or form of action.</p>
<p>You agree that any claim or dispute arising in connection with your use of the Site, the Software, or the Services must be brought and filed within one year of the date of the event giving rise to such action occurred, even if any applicable statute of limitations exists to the contrary.
Your only right or remedy with respect to any problem or dissatisfaction with such use is to cancel your account and cease using the Site and the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COMPANY, ITS AFFILIATES AND ITS LICENSORS FOR ANY CLAIM UNDER THESE TERMS OF USE (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW FOR CLAIMS INVOLVING PERSONAL INJURY), INCLUDING FOR ANY IMPLIED WARRANTIES, SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID COMPANY TO USE THE SITE OR THE RELEVANT SERVICES DURING THE ONE-MONTH PERIOD " |
|
PENDING |
docbot Bot |
| Lark Player |
"(II) ANY LOSS OF GOODWILL.
(III) ANY LOSS OF OPPORTUNITY.
(IV) ANY LOSS OF DATA SUFFERED BY YOU.
OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU.
ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY WITHIN THE LAST 12 MONTHS.</p>
<p>
</p>
<p>ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR " |
|
PENDING |
docbot Bot |
| coventrydirect.com |
"Arbitrations seeking relief of $100,000 or more in the aggregate will be held in Philadelphia, Pennsylvania.</p>
<p>Coventry Direct will pay the first $2,500.00 in fees charged by the arbitration administrator for Claim(s) associated by you in the arbitration, after you have paid an amount equivalent to the fee, if any, had such Claim(s) been filed in state or federal court (whichever is less) in the judicial district in which you reside or are located. .
Thereafter, the parties to the arbitration shall share the arbitration fees equally, which amounts shall not be recoverable in the arbitration. .
" |
|
PENDING |
docbot Bot |
| Mighty |
"OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.</p>Disclaimer<p>ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY " |
|
PENDING |
docbot Bot |
| Eligibility Assistance |
"The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).</p>
<p>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.</p>
<p>
<strong>EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID COMPANY IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.</strong>
</p>
</li>
<li>
<p>
<strong>UPDATES TO TERMS</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Tellwut |
"OR FOR ANY LOSS OF PRIVACY OR CONFIDENTIALITY, HOWSOEVER CAUSED.</li>
<li>IN NO EVENT SHALL THE TOTAL LIABILITY OF PS, OR ITS EMPLOYEES, OFFICERS, DIRECTORS, AND OWNERS FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE AMOUNT OF ANY FEES PAID BY YOU FOR THE SITE.</li>
<li>The foregoing provisions are for the benefit of the Releasees, and each shall have the right to assert and enforce the provisions directly on its own behalf.</li>
" |
|
PENDING |
docbot Bot |
| Polywork |
"AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
" |
|
PENDING |
docbot Bot |
| Cleaner Smile |
"C.</strong> THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED, DIRECTLY OR INDIRECTLY, BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT cleanersmileclub.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.</p>
<p>
<strong>D.</strong> IN NO EVENT WILL cleanersmileclub.com OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE cleanersmileclub.com SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE cleanersmileclub.com OR OUT OF THE BREACH OF ANY WARRANTY.
YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 4 SHALL APPLY TO ALL CONTENT ON THE cleanersmileclub.com SITE.
cleanersmileclub.com’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO cleanersmileclub.com.</p>
<p>
<strong>E.</strong> cleanersmileclub.com NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE cleanersmileclub.com SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE " |
|
PENDING |
docbot Bot |
| MissingMoney |
"THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES.
AVENU SHALL HAVE NO LIABILITY WITH RESPECT TO AVENUE'S OFFERINGS UNDER THIS AGREEMENT OR IN RELATION IN ANY WAY TO THE WEB SITE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF AVENU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE LIABILITY OF AVENU AND/OR NAUPA AND/OR PARTICIPANT TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF ONE-HUNDRED DOLLARS ($100.00).
" |
|
PENDING |
docbot Bot |
| Survey2Cash |
"AND (G) ANY OTHER MATTER RELATING TO THE TOTAL OFFERINGS.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION.
YOU HEREBY RELEASE SURVEYS2CASH FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF SURVEYS2CASH TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).
" |
|
PENDING |
docbot Bot |
| Quick Attorney Search |
"Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
Notwithstanding the foregoing, total liability for accidentandinjurylegalhelp for any reason whatsoever related to use of this site shall not exceed the total amount paid by you to accidentandinjurylegalhelp in connection with the subject matter of the particular dispute.</p> 9.
INDEMNIFICATION.
<p>" |
|
PENDING |
docbot Bot |
| OpenFinancial |
"10.
Limitation on Liability.</strong> IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE.
THIS LIMITATION INCLUDES ANY DAMAGES OF ANY NATURE FOR THE DISCLOSURE OR MISUSE OF ANY YOUR PERSONAL INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF LEGAL ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
IN ALL EVENTS, OUR TOTAL MAXIMUM LIABILITY SHALL BE LIMITED TO ONE HUNDRED U.S.
DOLLARS ($100.00).
THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
THIS IS A BARGAINED AND AGREED TO PROVISION
</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| make survey money |
"FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USERS, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SERVICES, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
INQUIRE NETWORK’ MARKETING PARTNERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS.
IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN INQUIRE NETWORK’ AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED WHAT IT PAID YOU FOR THE LAST 30 DAY PERIOD PRIOR TO YOUR CLAIM.
</p>
<p>
<b>SPECIAL STATE DISCLOSURES</b>
</p>
<p>
<b>NEW JERSEY RESIDENTS: </b>The following are modifications to the provisions in Section 10 Legal Notices and apply only to consumers who are residents of New Jersey.
" |
|
PENDING |
docbot Bot |
| MyCase |
"and (vi) the indemnified party complying with any settlement or court order made in connection with the claim (e.g., related to the future use of any infringing materials).
For clarity, the indemnified party may participate in the defense or settlement of a claim with counsel of its own choice and at its own expense.</p>
<p>
<strong>11.
Limitation on Liability</strong>.
EXCEPT IN CONNECTION WITH EITHER PARTY’S (I) INDEMNIFICATION OBLIGATIONS PURSUANT TO THIS AGREEMENT, (II) YOUR PAYMENT OBLIGATIONS PURSUANT TO SECTION 7 (FEES), (III) BREACH OF SECTION 5.3 (YOUR RESPONSIBILITIES), (IV) BREACH OF SECTION 5.4 (YOUR RESTRICTIONS), OR (V) BREACH OF SECTION 12 (DATA PROTECTION), EACH OF OUR LIABILITY UNDER THESE TERMS OF SERVICE WILL BE LIMITED AS FOLLOWS:</p>
<p>TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESETERMS OF SERVICE IS LIMITED TO THE SUM OF THE AMOUNTS PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEEDING THE DATE THE CAUSE OF ACTION AROSE.</p>
<p>TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES,OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS OF SERVICE.
" |
|
PENDING |
docbot Bot |
| Samples & Savings |
"nbsp; WHEN PERMITTED BY LAW, WE AND OUR
MARKETING PARTNERS, SAMPLE PROVIDERS AND SAMPLE MANUFACTURERS, WILL NOT BE
RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT,
SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT
PERMITTED BY LAW, THE TOTAL LIABILITY OF US, AND OUR MARKETING PARTNERS, SAMPLE
PROVIDERS AND SAMPLE MANUFACTURERS, FOR ANY CLAIMS UNDER THESE TERMS &.
CONDITIONS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU
PAID US TO USE THE SITE AND THE SERVICES.
" |
|
PENDING |
docbot Bot |
| OkWow |
"OUR LIABILITY TO YOU IS LIMITED.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES) IN CONNECTION WITH OR ARISING FROM USE OF OUR SITE OR ANY OTHER MATERIALS OR SERVICES WE PROVIDE TO YOU.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
HOWEVER, IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED.
HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).</p>
<strong>" |
|
PENDING |
docbot Bot |
| surveysoda |
"THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE SurveySoda.com GROUP, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE ITSELF, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE.
IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE SurveySoda.com GROUP, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (i) AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU DURING THE CALENDAR MONTH DURING WHICH SUCH ALLEGED CLAIM(S) ACCRUED, AND (ii) $100.00.</p>
<p>
" |
|
PENDING |
docbot Bot |
| Exoscale |
"(ii) a breach by
Client of Section 9.1, respectively by Supplier of Section 9.2.</p>
10.2 Exclusion of Indirect and Consequential Damages
<p>
<strong>Notwithstanding any other provision hereof, neither Party shall be
liable for any indirect, incidental or consequential damages (including
but not limited to damages for lost profits, lost revenues, loss of
goodwill, loss of anticipated savings, loss of customers, loss of Client
Data, interference with business or cost of purchasing replacement
services) arising out of the performance or failure to perform under any
Order or these Terms and Conditions, whether or not caused by the acts
or omissions of such Party, its employees or agents, and regardless of
whether such Party has been informed of the possibility or the
likelihood of such damages, provided however, that the foregoing
limitations shall not apply to the Parties’ indemnity obligations
contained herein.</strong>
</p>
10.3 Limitation of Liability
<p>
<strong>Supplier’s sole liability for damages arising out of or in connection
with this Agreement is limited to (i) any amount paid by Client
hereunder in the three (3) months preceding the incident and/or (ii)
Client’s right to terminate a particular Service, being specified that
in no event shall Supplier’s aggregate liability arising out of or
related to this Agreement exceed the total amount paid by Client
hereunder.
" |
|
PENDING |
docbot Bot |
| DegreeLocate |
"and (d) any other damages or losses you may incur in connection with your use of the Service.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
<p>The Company is not responsible for examining or evaluating the business practices, actions, omissions, or services of participating schools or educational service providers, or marketing affiliates whose offers are featured on this Site.
" |
|
PENDING |
docbot Bot |
| Doodly |
"SECTION 16 – LIMITATIONS OF LIABILITIES <p> EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL DOODLY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE END USER LICENSE AGREEMENT, THE SERVICES OR PRODUCTS, AND/OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER DOODLY HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS.
THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.
THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
</p>
<p> IN NO EVENT SHALL DOODLY’S LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO DOODLY FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST DOODLY OCCURRED " |
|
PENDING |
docbot Bot |
| Find Dream Jobs |
"LIMITATION OF LIABILITY. </b>WHEN PERMITTED BY LAW, WE AND OUR MARKETING PARTNERS AND SERVICE PROVIDERS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. .
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF US, AND OUR MARKETING PARTNERS AND .
SERVICE PROVIDERS, FOR ANY CLAIMS UNDER THESE TERMS &.
CONDITIONS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SITE, JOB LISTINGS .
AND THE SERVICES. .
" |
|
PENDING |
docbot Bot |
| Sproutary |
"In no event will Sproutary, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to Sproutary under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| homeonlinetips |
"The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).</p>
<p>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.</p>
<p>
<strong>EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID COMPANY IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.</strong>
</p>
</li>
<li>
<p>
<strong>UPDATES TO TERMS</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Platinum Auto Warranty |
"THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.
EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).
<strong>NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.</strong> THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND COMPANY.
" |
|
PENDING |
docbot Bot |
| insuranceratesforless |
"ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR MORE THAN THE AGGREGATE AMOUNT PAID BY YOU TO US WITHIN THE 12 MONTHS PRECEDING ANY CLAIM.</p>
<p>
<strong>11</strong>. <strong>Indemnification</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| UptimeRobot |
"In no event will UptimeRobot, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to UptimeRobot under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| ushousinghelper |
"The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID COMPANY IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.</li>
<li>
<strong>
<u>Waiver of Injunctive or Other Equitable Relief:</u>
</strong> IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.
" |
|
PENDING |
docbot Bot |
| Financial Times Pro |
"TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE.</p> 5.
" |
|
PENDING |
docbot Bot |
| Found Money Guide |
"THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREUNDER.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500).
" |
|
PENDING |
docbot Bot |
| RoundupRisk |
"nbsp;THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.
EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).
" |
|
PENDING |
docbot Bot |
| Healthy First |
"</ol>
</li>
<li>
<strong>LIMITATIONS OF OUR LIABILITY</strong>
<ol>
<li>UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:<br>(a) the Site (including the Content and the User Content);<br>(b) your use of or inability to use the Site, or the performance of the Site;<br>(c) any action taken in connection with an investigation by Company Parties or law enforcement authorities regarding your access to or use of the Site;<br>(d) any action taken in connection with copyright or other intellectual property owners or other rights owners;<br>(e) any errors or omissions in the Site’s technical operation.
or<br>(f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.<br>The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).<br>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.<br>
<strong>EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID COMPANY IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
" |
|
PENDING |
docbot Bot |
| Autoavenue |
"AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE AND/OR ANY SINCRO PRODUCTS AND/OR SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND ANY LINKED SITES.
YOUR SOLE REMEDY AGAINST SINCRO FOR DISSATISFACTION WITH THIS SITE OR ANY CONTENT IS TO STOP USING THIS SITE OR ANY SUCH CONTENT.
THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
<br>
<br>Except where prohibited by law, in no event will Sincro be liable to you for any direct, indirect, consequential, special, exemplary, incidental, or punitive whatsoever damages, including lost profits, even if Sincro has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Sincro is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of this Site or any Content, Sincro’s total liability shall in no event exceed US $100.00.
" |
|
PENDING |
docbot Bot |
| Sureint |
"OR (V) THE ACTIONS OR INACTION OF SERVICE PROVIDERS.
WITHOUT LIMITING THE FOREGOING, REGARDLESS OF THE FORM OF THE ACTION, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US FOR USE OF THE WEBSITE.
This Disclaimer of Warranties and Limitation of Liability shall not apply in New Jersey, notwithstanding anything to the contrary herein.</p>Intellectual Property<p>You acknowledge and agree that we are the owners of any and all title, right and interest, including all intellectual property rights – under international, state and federal intellectual property law, including but not limited to, copyright law, patent law, trademark law, trade secret law, unfair competition law, and any and all other proprietary rights, and any and all extensions, renewals, applications and restorations thereof, now or hereafter in force and effect worldwide – in and to the Website and the Services.
" |
|
PENDING |
docbot Bot |
| EverQuote |
"The arbitrator is bound by the terms of this Agreement and shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
All issues are for the arbitrator to decide, including, without limitation, issues relating to the applicability and enforceability of this arbitration agreement.</p>
<p>Unless otherwise mutually agreed by the parties to the arbitration, any arbitration hearings under this Section 2 will take place in the county where you are domiciled.
If your Claim is for $5,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.
If your Claim exceeds $5,000, the right to a hearing will be determined by the AAA Rules.
Except as otherwise provided for in this Section 2, in any arbitration between you and us under this Section 2, all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above where Claims for damages do not exceed $10,000 shall, at your written request, be paid by us.
" |
|
PENDING |
docbot Bot |
| FinanceBuzz |
"In no event shall Company be liable to Contributor or Contributor’s representatives, family members, heirs or beneficiaries for any incidental, consequential, special, exemplary or punitive damages of any kind.
Contributor also agrees that Company’s entire liability to Contributor and Contributor’s heirs, family members and beneficiaries for any cause of action under this Agreement, regardless of the form shall, in the aggregate, be limited to One Hundred Dollars.
</p>
<p>" |
|
PENDING |
docbot Bot |
| unsplash |
"18.
Limitation of Liability
<p>TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF UNSPLASH, ITS AFFILIATES AND LICENSORS, AND THEIR SUPPLIERS, IS NOT RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR OTHER LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
IN ALL CASES, TO THE FULLEST EXTENT PERMITTED BY LAW, UNSPLASH WILL NOT BE LIABLE FOR ANY SUCH LOSS OR DAMAGE WHETHER OR NOT UNSPLASH, ITS AFFILIATES AND LICENSORS, OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNSPLASH’S TOTAL AGGREGATE LIABILITY UNDER OR ARISING OUT OF THE TERMS IS LIMITED TO THE GREATER OF: (I) THE FEES PAID BY YOU FOR THE APIS IN THE TWELVE MONTHS " |
|
PENDING |
docbot Bot |
| classicreload |
"Classic Reload cannot be responsible for classic abandoned video games or digital goods which may result corrupted, formatted, made inaccessible or even deleted, through causes that include, but are not limited to, game drops, lags, rollbacks, patches, or transferring them by yourself.<br>
In no event shall Classic Reload, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources.
whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Classic Reload, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.<br>
<strong>Limitation of Liability</strong>
<br>
In no event shall Classic Reload’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars).
and henceforth any award for direct, provable damages shall not exceed such total amount.<br>
These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. .
" |
|
PENDING |
docbot Bot |
| Smartfinancial |
"(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE.
OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE/SERVICES.
</p>
<p> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE/SERVICES.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00).
</p>
<p> Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
" |
|
PENDING |
docbot Bot |
| Retirement Benefits Guide |
"THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREUNDER.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500).
" |
|
PENDING |
docbot Bot |
| Girls Who Code |
"Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
<br>
<strong>15.2.</strong> IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GWC FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO GWC FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
</p>
</li>
<li>
<p>
<strong>Indemnity.</strong> " |
|
PENDING |
docbot Bot |
| cults3D |
"The BUYER accesses, uses, and browses the site CULTS as its own risk.</p>
<p>CULTS has just, for all stages of access to the site, the ordering process, or subsequent services, an obligation of means.</p>
<p>Responsibility CULTS not be held liable for any inconvenience or damage arising from the use of the Internet, including interruption of service, external intrusion, computer viruses, or any event of force majeure, in accordance with jurisprudence.</p>
<p>BUYER acknowledges and agrees that, to the extent permitted by applicable law, CULTS can not be held liable for any damage direct, indirect, incidental to, or repair of non-pecuniary, costs, losses, decrease in turnover or profits, or liabilities of any nature whatsoever (although the realization of such injury was known or could be provided by CULTS ), may arise from the use of designs or site or from an inability to use the website or its contents.</p>
<p>CULTS responsibility may not exceed the total amount paid by the buyer in satisfaction of the order in question.</p>
<p>" |
|
PENDING |
docbot Bot |
| USA Assistance Guide |
"THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREUNDER.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500).
" |
|
PENDING |
docbot Bot |
| Auto Loan Express. |
"OUR LIABILITY AND THE LIABILITY OF
OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS,
SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL
NOT EXCEED $100.</p>
<p>" |
|
PENDING |
docbot Bot |
| Best Auto Lenders 2020 |
"(D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA.
AND (E) ANY OTHER MATTER RELATING TO THE SITE, ANY AUTO LOAN-RELATED SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR AFFILIATED LOAN SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE BestAutoLenders2020.com AND ALL OF BestAutoLenders2020.com AFFILIATED LOAN SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF BestAutoLenders2020.com TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).
" |
|
PENDING |
docbot Bot |
| Interview Stream |
"Limitation of liability</strong>
<p>To the fullest extent permitted by applicable law, in no event will interviewstream, Inc, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of interviewstream, Inc and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to interviewstream, Inc for the prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.</p>
<p>
</p>
<strong>" |
|
PENDING |
docbot Bot |
| Arlo |
"You agree we may charge interest on all amounts due that remain unpaid for 30 days or more.
The monthly interest will equal 1.5% of the past due amount or the highest rate allowed by law, whichever is less, until the past due amount and interest is paid.
Such rights are in addition to and not in lieu of any other legal rights or remedies available to the Company.
" |
|
PENDING |
docbot Bot |
| AEBC Internet Corporation |
"No Warranties.</strong> THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” BASIS AND AEBC MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE NETWORK, THE SERVICES (INCLUDING ANY FEATURES) OR THE EQUIPMENT CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE.
Under no circumstances shall AEBC, its officers, Directors, Employees, affiliates or Agents or any other service provider who furnishes services to customer in connection with this Agreement be liable for any indirect or consequential damages, including, but not limited to, damages resulting from loss of use, lost profits, lost revenue, or damages to third parties.
AEBC’s liability for any claim arising out of or relating to this Agreement shall be limited to the amount of fees paid by the Customer to AEBC during the period giving rise to the claim.
" |
|
PENDING |
docbot Bot |
| MinuteInbox |
"(ii) the cost ,of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of ,data.
or (iv) for any amounts that exceed the fees paid by you to MinuteInbox.netunder this ,agreement during the twelve (12) month period prior tothe cause of action.
MinuteInbox.netshall ,have no liability for any failure or delay due to matters beyond their reasonable control.
The ,foregoing shall not apply to the extent prohibited by applicable law." |
|
PENDING |
docbot Bot |
| Teespring Inc |
"You may contact us at Amaze Holding Company LLC d/b/a Spring, 3200 Park Center Drive, 14th Floor, Costa Mesa, CA 92626.</p>
<p> </p>
O.
Additional Terms for European Users
<p>Our liability: Nothing in these Terms of Service shall limit or exclude our liability to you:</p>
<ul>
<li>for death or personal injury caused by our negligence;</li>
<li>for fraudulent misrepresentation.
or</li>
<li>for any other liability that, under consumer protection or other law, may not be limited or excluded.</li>
</ul>
<p>Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising out of or in relation these Terms of Service or the Spring Service shall not, exceed the amount you have paid Spring or Spring has paid you in the last six (6) months, or, if greater, one hundred Euros (€100) and is strictly limited to losses that were reasonably foreseeable.</p>
<p>We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside our reasonable control.</p>
<p>Buyers: Purchasing of Merchandise: Prices include VAT but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due as set out when you view the items in your shopping basket, once you have selected your chosen different delivery method.
" |
|
PENDING |
docbot Bot |
| injurysurvey |
"5.2.2 In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail.
The arbitration shall be conducted by Judicate West, and shall be conducted using the then current Judicate West commercial rules and regulations (except as varied by this agreement).
The arbitration shall take place in Bartlett, TN, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S.
dollars (if the claimant so chooses).</p>
<p>" |
|
PENDING |
docbot Bot |
| Ezoic |
"All revenue amounts shown in the Ezoic publisher area, including but not limited to your dashboard, Earnings section, Advanced Reporting and reported via the reporting API are estimated and are subject to change at any time.
You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Program.
Ezoic may change its pricing and/or payment structure at any time.
If you dispute any payment, you must notify Ezoic in writing within thirty (30) days of any such payment.
failure to so notify Ezoic shall result in the waiver by you of any claim relating to any such disputed payment.
Payee shall receive a payment of 90% (or other agreed upon amount) of the Net Revenue generated from the advertisements placed on your website for your benefit (“Your Website Ads”), less any adjustments for fraud, invalid traffic, traffic quality, website quality, click-fraud, ezoic improvement metrics and/or advertiser or ad network charge-backs, in each case as determined by Ezoic.
(“Net Revenue”) is 100% of the total amount paid by advertisers or ad networks to Ezoic originating from Your Website Ads, less any charges or fees related to the acquisition, targeting, delivery and serving of ads or pageviews.
By way of example, charges or fees may include items such as ad server fees, third party data fees, etc.
" |
|
PENDING |
docbot Bot |
| Common Sense Media |
"or</li>
<li>at the time you enter into these Terms of Use, both we and you knew it might result from our breach or negligence.</li>
</ul>
<p>
<strong>
<u>Cap on Liability</u>
</strong>.</p>
<p>Subject only to the sub-section below titled Compliance with the Law, our maximum aggregate liability to you under or in connection with the Site and these Terms of Use whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to one hundred US Dollars (US $100) or the equivalent amount in your local currency.</p>
<p>
<strong>
<u>Compliance with the Law</u>
</strong>.</p>
<p>" |
|
PENDING |
docbot Bot |
| SweepstakesGeneral |
"Further, while SweepstakesGeneral.com utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site.
</p>
<p> IN NO EVENT SHALL SweepstakesGeneral.com BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS OR THE SITE, EVEN IF SweepstakesGeneral.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, IN NO EVENT SHALL SweepstakesGeneral.com'S AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS OR THE SITE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT OF $10.00.
</p>
<p> SweepstakesGeneral.com may provide links to third party Web Sites or services from the Site.
" |
|
PENDING |
docbot Bot |
| Cirkled In |
"We disclaim any and all warranties and representations (express or implied, oral or written) with respect to the application and content included on or otherwise made available to you through the application whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise.</p> No Warranty <p>In no event will Cirkled In be liable to you or any third party for any special, indirect, incidental, exemplary or consequential or punitive damages of any kind, or any loss of data, opportunities, reputation, goodwill, profits or revenues, related to the services (e.g.
offensive or defamatory statements, down time or loss, use or changes to your information or content) arising out of or in connection with the application or any other application and/or content included on or otherwise made available to you through the application, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages or are aware of the possibility of such damages.
Our total liability for all causes of action and under all theories of liability will be limited to the amount you paid to Cirkled In.
" |
|
PENDING |
docbot Bot |
| DegreeSnap |
"and (d) any other damages or losses you may incur in connection with your use of the Service.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
<p>The Company is not responsible for examining or evaluating the business practices, actions, omissions, or services of participating schools or educational service providers, or marketing affiliates whose offers are featured on this Site.
" |
|
PENDING |
docbot Bot |
| Autoinsurerquote |
"Autoinsurerquote's disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose or non-infringement of the rights of others.
We do not warrant that the Site will be free of errors or viruses, worms or other destructive or harmful code.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AUTOINSURERQUOTE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE SERVICES OFFERED HEREBY, OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00).
THE ABOVE LIMITATION MAY NOT APPLY IN ALL JURISDICTIONS OR TO ALL USERS.
IF YOU ARE NOT IN AGREEMENT WITH THE FOREGOING, YOUR SOLE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USE OF THE SITE.
Arbitration Agreement
Any dispute or claim relating in any way to your use of this website, including any related calls texts or other communications, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
" |
|
PENDING |
docbot Bot |
| Trial Search |
"TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.</p>
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: (a) ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
OR (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED FIFTY DOLLARS (USD $50.00).
ANY CLAIM RELATED TO THE SERVICES AND/OR " |
|
PENDING |
docbot Bot |
| Photomath |
"LIMITATION OF LIABILITY
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS, ACCRUED BUT WASTED EXPENDITURE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE.
(iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE SERVICE OR RELIANCE UPON THE SERVICE OR ANY PART THEREOF.
AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITATION TO THE FOREGOING, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE FEES, IF ANY, THAT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICE.
IN SOME JURISDICTIONS " |
|
PENDING |
docbot Bot |
| The Finances gator |
"</ol>
</li>
<li>
<strong>LIMITATIONS OF OUR LIABILITY</strong>
<ol>
<li>UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:<br>(a) the Site (including the Content and the User Content);<br>(b) your use of or inability to use the Site, or the performance of the Site;<br>(c) any action taken in connection with an investigation by Company Parties or law enforcement authorities regarding your access to or use of the Site;<br>(d) any action taken in connection with copyright or other intellectual property owners or other rights owners;<br>(e) any errors or omissions in the Site’s technical operation.
or<br>(f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.<br>The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).<br>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.<br>
<strong>EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID COMPANY IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
" |
|
PENDING |
docbot Bot |
| Tilting Point |
"TILTING POINT SERVICES AND CANCEL ANY RELATED ACCOUNTS.
UNDER NO CIRCUMSTANCES WILL THE TOTAL COMBINED LIABILITY TO YOU OF TILTING POINT, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS OR CONTENT OR SERVICE PROVIDERS, ARISING OUT OF OR IN CONNECTION WITH THE TILTING POINT SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO TILTING POINT IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE TILTING POINT SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.</p>INDEMNITY<p>" |
|
PENDING |
docbot Bot |
| Minerva University |
"WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MINERVA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>
<p>IN NO EVENT WILL MINERVA'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MINERVA AND YOU.
" |
|
PENDING |
docbot Bot |
| Sejda |
"NEITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR PRODUCTS AND SUPPORT AND MAINTENANCE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU IN RESPECT OF NO-CHARGE PRODUCTS SHALL BE US$20.
THIS SECTION 19 (LIMITATION OF LIABILITY) SHALL NOT APPLY TO (1) AMOUNTS OWED BY YOU UNDER ANY ORDERS, (2) EITHER PARTY’S EXPRESS INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, OR (3) YOUR BREACH OF SECTION 12 (RESTRICTIONS) OR SECTION 2 (" |
|
PENDING |
docbot Bot |
| CreditCards |
"Limitation of Liability</strong>
<br> UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF COVER, OR LOST DATA THAT ARISE IN WHOLE OR IN PART FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).
IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF UNLESS WE MAKE MATERIAL CHANGES TO OUR PERSONAL INFORMATION COLLECTION AND/OR USE PRACTICES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00).
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.
" |
|
PENDING |
docbot Bot |
| Muscle & Strength |
"the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.</strong>
</li>
</ul>
<p>
<strong>This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.</strong>
</p>
<p>
<strong>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User.
The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction.
" |
|
PENDING |
docbot Bot |
| Entertainment Software Association |
"REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THAT LIABILITY IS FOUND DESPITE THIS PARAGRAPH, THE TOTAL LIABILITY OF ESRB AND/OR ANY OF ITS AGENTS, CONTRACTORS or EMPLOYEES TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE SHALL BE LIMITED TO $100.</p>
<p>Applicable law may not allow the disclaimer or exclusion of implied warranties or of incidental or consequential damages, so the above disclaimers and exclusions may not apply to you.</p>
" |
|
PENDING |
docbot Bot |
| smartpayrewards |
"If You notify us within 4
business days of the loss or theft of Your card or PIN, Your loss will not
exceed $50. <br>
If You do NOT notify us within 4 business days of the loss or theft of Your
card PIN, and We can prove We could have stopped someone from using Your card
or PIN without Your permission had You notified Ys in a timely manner, you
could lose as much as $500.
" |
|
PENDING |
docbot Bot |
| rss.app |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| smartpayrewards |
"<br>• CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PLATFORM AND THE SERVICES SHALL BE LIMITED TO ONE HUNDRED U.S.
DOLLARS (US$100).
</p>
<p>
<strong>8.4 Basis of the Bargain</strong>
</p>
<p> " |
|
PENDING |
docbot Bot |
| Scopely |
"that our Services will be of a certain quality or suitability, or will be uninterrupted or error-free.
that defects will be corrected.
or that our Services are free of viruses or other harmful components.</p>
<p>
<b>8.
LIMITATION OF LIABILITY AND INDEMNIFICATION</b>
</p>
<p>
<b>Limitation of Liability</b>
<br>
Scopely will not be liable to you for any indirect, incidental, consequential, special, exemplary, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms or our Services, whether based on contract, tort or any other legal theory, and whether or not Scopely has been advised of the possibility of such damages.
Scopely will not be liable to you for more than the amount you have paid to Scopely in accordance with these Terms in the six (6) months immediately preceding the date on which you first assert a claim.
" |
|
PENDING |
docbot Bot |
| Usenet |
"under no circumstances will you be charged fees for this repayment.
If you have requested the services to begin during the cancelation notice period, you must pay us a reasonable amount corresponding to the proportion of services already provided up to the time at which you notify us of the exercise of the cancelation right relating to this Agreement compared with the total extent of the services provided for in the Agreement.</p>
<p>
<b>End of cancelation advice</b>
<br>
Sample cancelation form</p> Art.
11 Use of the Service, protection of minors, unauthorized use <p>
<b>11.1.</b> According to the provisions in Art.
3 in these General Terms and Conditions, no content will be disclosed or administered by the Provider on the servers held available by third parties.
" |
|
PENDING |
docbot Bot |
| Gopuff |
"SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION
MAY NOT APPLY TO YOU.
<br>
<br>If, for any reason, a court finds GoPuff liable for damages notwithstanding the foregoing, in no event shall the GoPuff Entities’ total liability for all damages arising out of or in connection with the Services or this Agreement exceed the amount
paid by you to GoPuff for your use or receipt of the Services.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
" |
|
PENDING |
docbot Bot |
| care |
"11.3.
Limitation of Liability
<p>
<strong>Incidental Damages and Aggregate Liability.</strong> In no event will Care.com be liable for
any indirect, special, incidental, or consequential damages, losses or expenses arising out of or
relating to the use or inability to use the Site or Services, including without limitation damages
related to any information received from the Site or Services, removal of content from the Site,
including profile information, any email distributed to any user or any linked web site or use thereof
or inability to use by any party, or in connection with any termination of your subscription or
ability to access the Site or Services, failure of performance, error, omission, interruption, defect,
delay in operation or transmission, computer virus or line or system failure, even if Care.com, or
representatives thereof, are advised of the possibility of such damages, losses or expenses.
UNDER NO
CIRCUMSTANCES WILL CARE.COM'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH
THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT,
OR, IF YOU HAVE NOT PAID CARE.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.
</p>
<p>
<strong>No Liability for non-Care.com Actions.</strong> " |
|
PENDING |
docbot Bot |
| hover |
"<br>
<br>
<br>Any action brought against Tucows arising out of or relating to this Agreement must be brought in the courts of Toronto, Ontario, and you consent to the exclusive jurisdiction of such courts.</p>
Limitation of Liability
<p>You agree that our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to the amounts you have paid us over the last twelve months..
<br>
<br>
<br>Tucows and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN, and the applicable registries shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use any of the services or for the cost of procurement of substitute services.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.
<br>
<br>
<br>We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions.
" |
|
PENDING |
docbot Bot |
| Pokétwo |
"Limitation of Liability<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS.
IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).</p>" |
|
PENDING |
docbot Bot |
| Bible Study Fellowship |
"SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY CAUSED DIRECTLY BY THE NEGLIGENCE OF BSF, THE IMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY THE FRAUDULENT MISREPRESENTATION OF BSF, OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.</p>
<p>EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL BSF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF THE AMOUNT PAID TO BSF (OR A THIRD PARTY PROVIDER) " |
|
PENDING |
docbot Bot |
| JingOS |
"Limits on Liability
<p>
<em>
<strong>Neither the company nor its suppliers will be liable to you for breach-of-contract damages their personnel could not have reasonably foreseen when you agreed to these terms.</strong>
</em>
</p>
<p>
<em>
<strong>As far as the law allows, the total liability to you for claims of any kind that are related to the forum or content on the forum will be limited to $50.</strong>
" |
|
PENDING |
docbot Bot |
| HackMD |
"Sections 2-11, and 18 – 30 of the Terms of Service shall survive expiration or termination.</p>
</li>
<li>
<p>Limitation of Liability.
OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER CUSTOMER’S OR HACKMD’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THE TERMS OF SERVICE (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY.
THE FOREGOING WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT OBLIGATION” SECTION ABOVE.</p>
<p>IN NO EVENT WILL EITHER CUSTOMER OR ANY MEMBER OF HACKMD HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES " |
|
PENDING |
docbot Bot |
| Choozle |
"Limitations on Liability</p>
<p>CHOOZLE AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION OR OTHERWISE, EVEN IF CHOOZLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN FULL.</p>
<p>CHOOZLE’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID BY YOU TO CHOOZLE FOR USE OF THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.</p>
<p> </p>
<ol>
<li>
<strong>SERVICE FAILURES</strong>
</li>
</ol>
<p>Choozle does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime (i) caused by failures of or previously scheduled maintenance to Choozle’ equipment or servers.
(ii) caused by outages to any public Internet backbones, networks, or servers.
" |
|
PENDING |
docbot Bot |
| Startup Alley |
"b)</strong> IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, PIXLWISE IS FOUND LIABLE UNDER ANY THEORY, PIXLWISE'S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SITE AND THE SERVICES AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED $100.</p>
<p>
<strong>c)</strong> SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 9 AND 10.
ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
" |
|
PENDING |
docbot Bot |
| ShuShu.tech |
"Limitation of liability</strong>
</p>
<p>To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.</p>
<p>
<strong>Changes and amendments</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| ipapi |
"THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
</li>
<li> THE LIMITATIONS ON IPAPI’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT IPAPI HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
</li>
<li> SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL IPAPI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST SIX MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
</li>
</ul>
</li>
<li>
<b>Indemnification</b>
<ul>
<li> You agree to hold harmless and indemnify IPAPI, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "IPAPI and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
</li>
</ul>
</li>
<li>
<b> Third-Party Content </b>
</li>
<ul>
<li> The Services may include references or hyperlinks to other web Site or content or resources or email content.
" |
|
PENDING |
docbot Bot |
| Web Werks |
"The Customer is solely responsible for the suitability of the services chosen.
All goods and services are provided on an “as is” basis.</li>
</ul> Limitation On Damages: <ul>
<li>Subject to the warranties as mentioned in clause 12 above the Customer shall not be eligible to claim any exemplary damages other than what is mentioned in clause 13.3 herein for any failure on the part of Web Werks to provide the Services and the exclusive and absolute remedy for the Customer is to terminate the agreement..</li>
<li>Customer agrees that Web Werks shall not be liable for any loss of profits, loss caused to the Customer as result of use of Services or inability to use the Services unless such loss can be directly attributed to gross negligence of Web Werks.</li>
<li>Customer agrees that the maximum aggregate liability of Web Werks or any person claiming through them for providing the Services to the Customer as per the standards mentioned in the SLA, shall be limited to the amount not exceeding the amount paid by the Customer to Web Werks for providing Services or as provided in SLA – termed as Service Credits, whichever is lower.</li>
<li>" |
|
PENDING |
docbot Bot |
| EZ SHRED KETO |
"Notwithstanding this disclaimer, if we are found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then our liability will in no event exceed, in total, the sum of $100.00.
</p>
Content Disclaimer
<p>
The information on the web site is intended solely as a general educational aid.
It's not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts.
Always see the advice of your physician or other qualified healthcare provider regarding any medical condition before using the Product.
</p>
Disclaimer of Warranties With Respect to Use of Web Site
<p>
We make no warranty of any kind regarding the web site, the trial offer, the recurring shipping program, or any product or service available on this web site, each of which is provided on an "as is" and "as available" basis.
We expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
" |
|
PENDING |
docbot Bot |
| Vyprimax Male Enhancement |
"Notwithstanding this disclaimer, if we are found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then our liability will in no event exceed, in total, the sum of $100.00.
</p> Content Disclaimer <p> The information on the web site is intended solely as a general educational aid.
It's not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts.
Always see the advice of your physician or other qualified healthcare provider regarding any medical condition before using the Product.
</p> Disclaimer of Warranties With Respect to Use of Web Site <p> We make no warranty of any kind regarding the web site, the trial offer, the recurring shipping program, or any product or service available on this web site, each of which is provided on an "as is" and "as available" basis.
We expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
" |
|
PENDING |
docbot Bot |
| BESTDAYEVERSWEEPS |
"THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE COMPANY, AND ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREUNDER.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR ANY COMPANY PRODUCTS AND/OR SERVICES.
" |
|
PENDING |
docbot Bot |
| OpenMind |
"DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>
<em>
</em>B. <i>TOTAL LIABILITY</i>.
YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.</p>
<p>
<em>
</em>C. <i>RISK</i>.
" |
|
PENDING |
docbot Bot |
| Tactical Headlamp |
"ARISING OUT OF, RELATING TO OR CONNECTED WITH
THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE
CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
(f) LIMITATION OF LIABILITY.
IN NO EVENT WILL OUR AGGREGATE
LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH
THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO
THE WEBSITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100
OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
</p>
<p>
12) Force Majeure You acknowledge and understand that if the website is unable to provide the
Products as a result of a force majeure event the Website will not be in breach
of any of its obligations towards You under these Terms of Service.
A force
majeure event means any event beyond the control of the Website.
THE
WEBSITE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY
OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS
OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH
FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
13) Domestic Use
Export Restriction." |
|
PENDING |
docbot Bot |
| AntennaWeb |
"THE FOREGOING LIMITATIONS WILL APPLY WHETHER ANY DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER ANY DAMAGES WERE FORESEEABLE OR TITANTV WAS ADVISED OF THE POSSIBILITY OF ANY 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 SHALL TITANTV’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SERVICES.</p>" |
|
PENDING |
docbot Bot |
| Knoll |
"FURTHERMORE, IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO THE KNOLL WEB SITE EXCEED US$100.</p>
<p>Products, Programs and Services<br>
Products, programs and services sold by us, or our affiliates through the Knoll Web Site are also subject to the limitation of liability provisions outlined in the Knoll Shop Selling Policy.
To the extent of any conflict between these Terms of Use and the Knoll Shop Selling Policy, these Terms of Use shall control.
Unless otherwise expressly provided for in the Knoll Shop Selling Policy, NEITHER WE NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, ASSIGNS, OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING AS A RESULT OF SUCH PRODUCTS, PROGRAMS OR SERVICES, AND IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO SUCH PRODUCTS, PROGRAMS OR SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR SUCH PRODUCT OUT OF WHICH LIABILITY AROSE.</p>
<p>" |
|
PENDING |
docbot Bot |
| NationalInjuryBureau |
"nbsp;THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.
EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).
" |
|
PENDING |
docbot Bot |
| RCA Antennas |
"Section 6.
 .
Limitation of Liability <p>Unless otherwise expressly provided in a Software License Notice, the aggregate liability for Company to you for all claims arising from the use of the Materials (including Software) is limited to $100.</p> Section 7.
 .
" |
|
PENDING |
docbot Bot |
| Saga Communications |
"LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY, BUSINESS INTERRUPTIONS AND/OR BENEFIT OF THE BARGAIN DAMAGES.
AND/OR (C) DIRECT DAMAGES IN AN AMOUNT GREATER THAN ONE THOUSAND DOLLARS ($1,000 USD).
ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH CLAIM AGAINST SAGA.</li>
<li>
<strong>Export.</strong>
" |
|
PENDING |
docbot Bot |
| ZenPorn |
"content or conduct of any third party provided through the service</li>
<li>or as otherwise provided in the terms and conditions</li>
</ul>
<p>
</p>
<p> Under no circumstances will the Website's total liability for any and all claims by you arising out of or related to this agreement or the use of the service exceed the greater of the amount paid by you to the Website or $100.
</p> 11.
Exclusions and Limitations <p> Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
accordingly, some of the above limitations on liability and damages may not apply to you.
</p>
<p> The provisions of this agreement that provide for limitations of liability, disclaimers of warranties, or exclusion of damages allocate risks between you and the Website.
" |
|
PENDING |
docbot Bot |
| WalkMe |
"YOU HEREBY ACKNOW LEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR THE WALKME SERVICES TO YOU, AND SUCH LIM ITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIM ITED REMEDY, AND EVEN IF WALKME AND/OR ANY WALKME AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERM ITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL WALKME’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO WALKME FOR USE OF THE SERVICES.
IF YOU HAVE NOT MADE ANY PAYMENTS TO WALKME FORTHE USE OF THE SERVICES, THEN WALKME SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.</p>
<p>Nothing in these Terms shall limit or exclude liability for anything that cannot be limited or excluded under applicable law.</p>
<p>
<strong>16.
INDEMNIFICATION</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Ipuss.tv |
"OTHER DEVICE OR LOSS OF
DATA THAT RESULTS FROM SUCH CONTENT.</p>
<br>
<p>YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY
OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE.
IN NO CASE SHALL THE
MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE
AMOUNT PAID BY YOU TO US, OR OWED BY US TO YOU, PURSUANT TO THESE TERMS.</p>
<br>
<p>11.<b>Choice of Law and Venue</b>
</p>
<br>
<p>To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or
dispute that may arise between you and us, are governed by the laws of Dominica without
regard to conflict of law provisions.
" |
|
PENDING |
docbot Bot |
| liveme.com |
"</ol>
<p>
<strong>Nothing in these Terms will exclude or limit our rights to remove User content under applicable circumstances.</strong>
</p>
<ol>
<li>
<strong>The Company, our affiliates, officers, directors, employees, agents, suppliers and licensors will not be liable for any indirect damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible assets, resulted from: (a) your use of the Service or inability to use the Service, or any features contained therein.
(b) your access to or inability to access the Service, or any features contained therein.
(c) the conduct or content of other users or third parties within the Service.
or (d) unauthorized access, use or alteration of your content.
In no event will the Company or their affiliates’ aggregate liability for any and all claims related exceeds the sum amount you paid to the Company in the past 12 months in connection with using paid features of the Service</strong>.</li>
</ol>
<p>
<strong>IF THE LAW OF THE COUNTRY WHERE YOU RESIDE DOES NOT ALLOW ANY LIMITATION ON LIABILITY AS SPECIFIED IN THIS CLAUSE, THIS PROVISION WILL NOT APPLY</strong>
</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| ExoticaZ |
"WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.</p>
<p>IN NO EVENT WILL ExoticaZ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO ExoticaZ.
THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>
<p>" |
|
PENDING |
docbot Bot |
| CGTN |
"ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, ANY SITES LINKED TO THE SITES, OR THE MATERIALS, INFORMATION, CONTENT, OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT CGTN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.<br> IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES.
IN NO EVENT SHALL CGTN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY FIVE DOLLARS (US $25.00).
</p>
<p>18.
Indemnity.
" |
|
PENDING |
docbot Bot |
| Jacuzzi |
"(a) </strong>TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER JACUZZI NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR PRODUCTS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JACUZZI OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>
<p>
<strong>(b) </strong>TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL JACUZZI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO JACUZZI FOR USE OF THE PRODUCTS OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO JACUZZI, AS APPLICABLE.</p>
<p>
<strong>(c) </strong>THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JACUZZI AND YOU.</p>
<strong>15. </strong>
<strong>Governing Law and Forum Choice.</strong>
<p>" |
|
PENDING |
docbot Bot |
| Setapp |
"(IV) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE.
(V) YOUR RELIANCE UPON ANY MATERIAL, PRODUCT, SERVICE OR ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SERVICES.
OR (VI) THE LOSS OR CORRUPTION OF DATA OR INFORMATION.
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO YOUR USE OF THE SERVICES IS LIMITED TO THE GREATER OF $100 AND THE SUBSCRIPTION FEES COLLECTED PAID BY YOU DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
BECAUSE WE ARE NOT RESPONSIBLE FOR DEVELOPER CONTENT, IF A DISPUTE ARISES BETWEEN A CUSTOMER AND DEVELOPER WITH RESPECT TO DEVELOPER CONTENT (OTHER THAN REGARDING THE DELIVERY OF SUCH DEVELOPER CONTENT), THEN YOU RELEASE US (AND OUR AFFILIATES, AGENTS AND EMPLOYEES) " |
|
PENDING |
docbot Bot |
| Jam City |
"ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SOFTWARE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFORE OR $100.
(II) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
(III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
" |
|
PENDING |
docbot Bot |
| Jam City |
"ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SOFTWARE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFORE OR $100.
(II) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
(III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
" |
|
PENDING |
docbot Bot |
| 4porn |
"OTHER DEVICE OR LOSS OF
DATA THAT RESULTS FROM SUCH CONTENT.</p>
<br>
<p>YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY
OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE.
IN NO CASE SHALL THE
MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE
AMOUNT PAID BY YOU TO US, OR OWED BY US TO YOU, PURSUANT TO THESE TERMS.</p>
<br>
<p>11.<b>Choice of Law and Venue</b>
</p>
<br>
<p>To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or
dispute that may arise between you and us, are governed by the laws of Dominica without
regard to conflict of law provisions.
" |
|
PENDING |
docbot Bot |
| VERO SERVERS |
"For the purposes of this paragraph only, the term VEROSERVERS.COM shall be interpreted to include VERO SERVERS employees, directors, owners and affiliates.</p>
<p>VEROSERVERS.COM shall not be liable for any indirect or consequential damages, including damages for lost profits, loss of opportunity, loss of sales, or loss of search engine rank, suffered by you, your users, your clients, and your visitors, during periods of scheduled maintenance, service suspensions, and violation of these TOS.</p>
<p>VEROSERVERS.COM specifically disclaims any and all warranties regarding services provided by 3<sup>rd</sup> parties, regardless of whether those services appear to be provided by us.
No warranties, either express or implied, made by these 3<sup>rd</sup> party entities to VEROSERVERS.COM shall be passed through to you, nor shall you claim to be a .
3<sup>rd</sup> party beneficiary of those warranties.</p>
<p>Notwithstanding anything to the contrary contained herein, our liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to VEROSERVERS.COM for the Services in 3 (three) months prior to the initial action giving rise to liability.
This is an aggregate limit.
" |
|
PENDING |
docbot Bot |
| Fellow |
"THESE LIMITATIONS SHALL PLATFORMLY EVEN IF FELLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FELLOW’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL OF ANY AMOUNTS PAID BY YOU TO FELLOW IN THE TWO MONTHS PRECEDING THE DATE THAT THE CLAIM WAS FIRST MADE AGAINST FELLOW (IF ANY).
THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE PLATFORMLICABLE JURISDICTION.</p>
10.
" |
|
PENDING |
docbot Bot |
| 2HAAS |
"Limitation of liability <p>To the fullest extent permitted by applicable law, in no event will Website Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of Website Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website Operator for the prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.</p> " |
|
PENDING |
docbot Bot |
| Threat STOP |
"This disclaimer shall apply even if the express warranty set forth above fails of its essential purpose.</p>
<p>
<strong>11.
LIMITATION OF LIABILITY.</strong>
</p>
<p>
<strong>11.1 </strong>EXCEPT (I) WITH RESPECT TO SECTION 7 (INFRINGEMENT INDEMNITY), OR (II) FOR DAMAGES RELATED TO CLAIMS BASED ON A BREACH OF ITS OBLIGATIONS SET FORTH IN SECTION 9 (CONFIDENTIALITY), THREATSTOP’ LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE THREATSTOP SERVICE FEES PAID BY CUSTOMER FOR THE THREATSTOP SERVICE DURING THE TWELVE (12) MONTHS " |
|
PENDING |
docbot Bot |
| Busuu |
"<br>
3.3. loss of use.
<br>
3.4. loss of opportunity;<br>
3.5.
loss of data;<br>
3.6. loss of anticipated savings; .
(in each case whether direct or indirect), nor <br>
3.7. for any indirect, incidental, special, consequential or exemplary damages (even if Busuu has been advised of the possibility of such damages), resulting from any matter relating to the Site, the Service or the Content.<br>
<br>
</li>
<li>However, Busuu does not restrict its liability for fraud, death or personal injury caused by its negligence, nor any other liability which Busuu is not permitted to restrict or exclude as a matter of applicable law.<br>
<br>
</li>
<li>Subject to clauses 15.2, 15.3 and 15.4, the maximum aggregate liability of Busuu to you in relation to any Paid Service (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the amount paid by you for such Paid Service.<br>
<br>
</li>
<li>In the event that you have a dispute with another User relating to, arising from, or in any way connected with use of the Site or the Service, you release Busuu from all claims, demands and damages of any kind or nature arising out of or in any way connected with such dispute.
" |
|
PENDING |
docbot Bot |
| Meadow Park CBD Oil |
"ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.</p>
<p>(f) LIMITATION OF LIABILITY.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.</p> 12.
Force Majeure.
<p>You acknowledge and understand that if the Web Site is unable to provide the Products as a result of a force majeure event the Website will not be in breach of any of its obligations towards You under these Terms of Service.
A force majeure event means any event beyond the control of the Website.
" |
|
PENDING |
docbot Bot |
| Socratic |
"If we have to pay damages for something that’s your fault, then you have to reimburse us.
</p> 10.
Limitation of Liability Short version <p> IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00.
</p>
<p> If you want to sue us anyway, then your damages won’t be more than $100 or the amount of money you spent on Socratic.
</p> 11.
Governing Law and Jurisdiction Short version <p> These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including, but not limited to, its conflicts of law rules, and the United States of America.
You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Santa Clara County, California.
</p>
<p> " |
|
PENDING |
docbot Bot |
| Stripchat |
"YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITES EXCEED $100.</p>15.
Choice of Law and Venue<p>In Short</p>
<p>Everything we do is governed by the law of Cyprus.</p>
<p>To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the Republic of Cyprus without regard to conflict of law provisions.
" |
|
PENDING |
docbot Bot |
| coolhunting |
"Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your Account, You may simply discontinue using the Service.</p>
<p>Limitation of Liability</p>
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| CD Baby |
"CD BABY MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.</p>
<p>(b) EXCLUSION OF DAMAGES.
CD BABY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE CD BABY SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>(c) LIMITATION OF LIABILITY.
EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID OR PAYABLE BY CD BABY TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.</p> 6.
Indemnification.
<p>" |
|
PENDING |
docbot Bot |
| Product Report Card |
"AND ALL CLAIMS AGAINST US AND OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE.
BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU.
IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.) " |
|
PENDING |
docbot Bot |
| Arcademics |
"Limitation of Liability
<p>EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL ARCADEMICS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ARCADEMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF SERVICE, ARCADEMICS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, ARCADEMICS' LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO " |
|
PENDING |
docbot Bot |
| life123 |
"The arbitrator will decide who will ultimately be responsible for paying those fees.
In no event will you be required to reimburse AMG for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the claim had been resolved in court.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
" |
|
PENDING |
docbot Bot |
| Nokē |
"</ol>
<br>
<p>YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL NOKĒ BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR PATENT INFRINGEMENT), OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNAUTHORIZED ACCESS TO YOUR PROPERTY, INABILITY TO ACCESS YOUR PROPERTY, OR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NOKĒ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITES OR ANY PRODUCT OR SERVICE.
IN ANY CASE, NOKĒ'S LIABILITY FOR ANY DAMAGES ALLEGED OR SUFFERED IN CONNECTION WITH THE SITES, PRODUCTS, OR SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR PATENT INFRINGEMENT), OR OTHERWISE, WILL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO NOKĒ FOR PRODUCTS AND THE USE OF SERVICES OVER THE TWELVE (12) MONTHS PRIOR TO THE DATE OF DAMAGES.
YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION.
" |
|
PENDING |
docbot Bot |
| HowStuffWorks |
"IN SUCH STATES, THE LIABILITY OF THE HSW SITES, INFOSPACE HOLDINGS LLC AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE HSW SITES, INFOSPACE HOLDINGS LLC AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE HSW SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO INFOSAPCE LLC FOR THE USE OF THE HSW SITES.</p>
<p>
<b>MISCELLANEOUS</b>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Tenamax Male Enhancement |
"Notwithstanding this disclaimer, if we are found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then our liability will in no event exceed, in total, the sum of $100.00.
</p> Content Disclaimer <p> The information on the web site is intended solely as a general educational aid.
It's not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts.
Always see the advice of your physician or other qualified healthcare provider regarding any medical condition before using the Product.
</p> Disclaimer of Warranties With Respect to Use of Web Site <p> We make no warranty of any kind regarding the web site, the trial offer, the recurring shipping program, or any product or service available on this web site, each of which is provided on an "as is" and "as available" basis.
We expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
" |
|
PENDING |
docbot Bot |
| PillPack |
"MADE AVAILABLE TO YOU THROUGH ANY PILLPACK SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.</p>
<p>TO THE FULL EXTENT PERMISSIBLE BY LAW, IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, PILLPACK IS FOUND TO BE LIABLE TO YOU, PILLPACK’S LIABILITY WILL NOT EXCEED THE FEES PAID BY YOU FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED" |
|
PENDING |
docbot Bot |
| Clap Charts |
"ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
<strong>LIMITATIONS OF LIABILITY</strong> IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWO (2) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $60.00 USD.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
<strong>" |
|
PENDING |
docbot Bot |
| moomoo |
"OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(B) WITHOUT LIMITING THE FOREGOING, MOOMOO WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE APP OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH.
(C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE APP.
AND (D) THE MAXIMUM AGGREGATE LIABILITY OF MOOMOO FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO MOOMOO TO USE THE APP, AND (2) TEN U.S.
DOLLARS ($10).
" |
|
PENDING |
docbot Bot |
| BibleMinute |
"THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).
" |
|
PENDING |
docbot Bot |
| lawsuit-winning.com |
"This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts.
You hereby release Company and its Third Party Service Providers from any and all obligations, liabilities and claims in excess of the limitations stated herein.
If applicable law does not permit such limitations, the maximum liability of Company to you under any and all circumstances will be three hundred dollars ($300.00).
" |
|
PENDING |
docbot Bot |
| Limenex |
"NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF LIMENEX AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.
</li>
</ol>
<p>↑ Back to top</p>
<li>Abuse Tickets</li>
<ol>
<li>
Limenex standard policy is to contact The Customer during which a violation of the AUP or TOS has occurred, however, Limenex does reserve the right to suspend or terminate an account with or without notice at its own discretion.
" |
|
PENDING |
docbot Bot |
| We Share Abundance |
"</ol>
<strong>The Company cannot be held liable for loss of profit, loss of business opportunities or indirect damages caused by any unlawful action or for incidental or consequential loss that may arise in connection with this General Terms of Service or that relates to contractual relations therewith, even if The Company has warned of potential damages.
The maximum amount of the Company’s total liability under this contract shall not exceed the amount of the duties paid or payable by the user under the contract.
The terms of this article of the contract will survive cancellation or termination of the contract, due to their specific nature.</strong>
<strong>The Company does not give any warranties and does not make any statements with respect to the program for participants, any services or positions in an advertisement, whether stated expressly or through implicative actions (in particular, with respect to quality warranty, preparation for sale, violations or other implicative actions that may arise from application of the contract, making a business transaction or usage).
" |
|
PENDING |
docbot Bot |
| Kimberly-Clark |
"OR (iv) ANY INTERRUPTION IN AVAILABILITY OF SITES OR CONTENT, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR OTHER UNAUTHORIZED OR MALICIOUS CODE, OR LINE OR SYSTEM FAILURE.
IN NO EVENT SHALL K-C’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR IN RELATION TO THE SITES, THESE TERMS, ANY ADDITIONAL TERMS OR THE PRIVACY STATEMENT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE APPLICABLE K-C SITE.
</p>
<p>" |
|
PENDING |
docbot Bot |
| Poplin |
"Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family Medical Leave Act and the National Labor Relations Act, state wage and hour law or any other law.</p>
</li>
<li>
<p>
<b>Limitation of Liability.</b>
</p>
</li>
<li>
<p> TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER Poplin NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Poplin OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>
</li>
<li>
<p> TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL Poplin’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM EXCEED THE GREATER OF FIVE HUNDRED DOLLARS ($500) AND THE AMOUNTS PAID BY YOU TO US HEREUNDER IN THE LAST SIX (6) MONTHS.</p>
</li>
<li>
<p>" |
|
PENDING |
docbot Bot |
| Garuda Linux |
"Limits on Liability
<p>
<em>
<strong>Neither the company nor its suppliers will be liable to you for breach-of-contract damages their personnel could not have reasonably foreseen when you agreed to these terms.</strong>
</em>
</p>
<p>
<em>
<strong>As far as the law allows, the total liability to you for claims of any kind that are related to the forum or content on the forum will be limited to $50.</strong>
" |
|
PENDING |
docbot Bot |
| Refold |
"ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.<br>
<br>
<strong>LIMITATIONS OF LIABILITY</strong>
<br>IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH " |
|
PENDING |
docbot Bot |
| DIY |
"otherwise as a result of your use of the Service.</p>Limitation of Liability.<p>If something bad happens as a result of using DIY, we’re not responsible (beyond a minimal amount).</p>
<p>IN NO EVENT SHALL DIY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) OR ANY PRODUCT (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR PRODUCTS OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S.
DOLLARS ($100.00).
" |
|
PENDING |
docbot Bot |
| Status |
"In any event, Status’ aggregate liability for such claims is limited to One Hundred Euros (100 EUR).
These disclaimers and limitations of liability will apply to the maximum extent permitted by applicable law.</p>
You indemnify Status against claims<p>You agree to indemnify and hold harmless Status and its representatives from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Status app or any Status system, including without limitation your violation of these terms.</p>
Where Status operates<p>Status Research &.
Development GmbH is a Swiss company that conducts global marketing campaigns but doesn’t conduct business activities within the United States of America, District of Columbia, Puerto Rico, the U.S.
Virgin Islands, and all other U.S.
territories and possessions, as well as all Swiss Embargoed Countries.
" |
|
PENDING |
docbot Bot |
| WireMin |
"Limitation of Liability. THE WIREMIN PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR APPS, EVEN IF THE WIREMIN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR APPS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, " |
|
PENDING |
docbot Bot |
| The Republican Party of Texas |
"IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE REPUBLICAN PARTY OF TEXAS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE REPUBLICAN PARTY OF TEXAS FOR ACCESS TO OR USE OF THE SITES.</p>
<p>" |
|
PENDING |
docbot Bot |
| Open Culture |
"Arbitration. .
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration.
" |
|
PENDING |
docbot Bot |
| TV18 |
"IN SUCH COUNTRIES, THE RESPECTIVE LIABILITY OF cnbctv18.com, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, GROUP COMPANIES AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE AMOUNT PROVIDED UNDER SAID LAW.
FURTHER, YOU AGREE AND UNDERSTAND THAT ALL SERVICES PROVIDED ARE NON-REFUNDABLE AND THAT YOU SHOULD CAREFULLY CONSIDER WHETHER OUR SERVICES ARE ABLE TO MEET YOUR NEEDS.</p>15) TERMINATION: <p>" |
|
PENDING |
docbot Bot |
| MyNL-IX |
",7.7Contracting Party will hold NL-ix harmless from any and all damage they might suffer as a result of a claim of a third party that information exchanged ,on the NL-ix Infrastructure through the Service of Contracting Party would violate Dutch or foreign statutory rules, rules of public order or decency or rights ,of third parties.
,----------------------------- ,Article 8.
LIABILITY,8.1None of the parties will be liable towards any other party for compensation of indirect or consequential damage, including lost profits and damage ,consisting of or resulting from loss of data or information.,8.2Any liability of NL-ix towards Contracting Party for compensation of damages resulting from NL-ix performance or non-performance of this agreement is ,at all times limited to the total amount of fees paid by Contracting Party to NL-ix under this agreement over the 12 months, preceding the event that ,caused such damages.,8.3Any liability of Contracting Party towards NL-ix for compensation of material damage to the physical components belonging to the Service resulting ,from Contracting Party's performance or non-performance of this Agreement is limited to an amount of € 500,000.
,----------------------------- ,Article 9.
CONFIDENTIALITY AND PRIVACY,9.1Confidential information may only be used by recipient in connection with its intended purpose under this Agreement.
" |
|
PENDING |
docbot Bot |
| slayout.gg |
"======================<br>
<br>
Notwithstanding any damages that You might incur, the entire liability of the<br>
Company and any of its suppliers under any provision of this Terms and Your<br>
exclusive remedy for all of the foregoing shall be limited to the amount<br>
actually paid by You through the Service or 100 USD if You haven't purchased<br>
anything through the Service.<br>
<br>
To the maximum extent permitted by applicable law, in no event shall the<br>
Company or its suppliers be liable for any special, incidental, indirect, or<br>
consequential damages whatsoever (including, but not limited to, damages for<br>
loss of profits, loss of data or other information, for business interruption,<br>
for personal injury, loss of privacy arising out of or in any way related to<br>
the use of or inability to use the Service, third-party software and/or third-<br>
party hardware used with the Service, or otherwise in connection with any<br>
provision of this Terms), even if the Company or any supplier has been advised<br>
of the possibility of such damages and even if the remedy fails of its<br>
essential purpose.<br>
<br>
Some states do not allow the exclusion of implied warranties or limitation of<br>
liability for incidental or consequential damages, which means that some of<br>
the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| Knowledge Network Corporation |
".</p>
Limitation of Liability
<p>To the fullest extent permitted by law, under no circumstances, including, but not limited to, negligence, shall Knowledge be liable for any loss of use, loss of data, loss of opportunity, loss of income or profit, loss of or damage to property, or for any damages of any kind or character (including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages), arising out of or in any way connected with the use of, or the delay in use or inability to use, the Web Services, contents of any Web Service, or any website or contents with which it is linked, even if Knowledge has been advised of the possibility of such damages or losses.
If you are dissatisfied with any portion of the Web Services, or any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Web Services.
If Knowledge or any of its third party providers are found liable in any connection with a claim arising out of or related to using or accessing the Web Services, the aggregate liability to you for all damages, losses and causes of action, howsoever arising, shall not exceed the amount paid by you, if any, for accessing the Web Services.
" |
|
PENDING |
docbot Bot |
| Invisalign |
"RESULTING FROM YOUR USE OF THE WEBSITE AND WEBSITE CONTENT.
UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE, EXCEEDS THE SUM OF ONE HUNDRED DOLLARS ($100).
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, OR SHALL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.</p> 11.
Copyright/ Intellectual Property Infringement <p>Align respects the intellectual property rights of others, and requires you to do the same.
" |
|
PENDING |
docbot Bot |
| YouVisit |
"The arbitration shall be conducted by a single, neutral arbitrator.
Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.
" |
|
PENDING |
docbot Bot |
| AliveCor |
"LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES.
AND ANY COST OF ANY SUBSTITUTE EQUIPMENT OR SERVICES.</p>
<p>EXCEPT AS PROVIDED IN SECTION 241.E, IF ALIVECOR CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THEN THE AGGREGATE LIABILITY OF THE ALIVECOR ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE ALIVECOR SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE PAID TO USE THE ALIVECOR SERVICE OR $100, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.</p>
<p>" |
|
PENDING |
docbot Bot |
| StackBlitz |
"POSTED,
EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR SERVICES.</p>
<p>UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND
LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE
SERVICES AND STACKBLITZ CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS),
REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED
ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID
TO US FOR YOUR USE OF THE SITE, THE SERVICES AND STACKBLITZ CONTENT IN THE
" |
|
PENDING |
docbot Bot |
| RiversideFM |
"If under applicable law taxes are required to be withheld, Customer shall pay Riverside an amount such that the net amount after withholding of taxes shall equal the amount that would have been otherwise payable under this Agreement.</p>
<p>4.3</p>
<p>
<strong>Free Trial.</strong> Riverside may, at its sole discretion, offer a subscription to the Platform with a free trial (“Free Trial”).
" |
|
PENDING |
docbot Bot |
| RiversideFM |
"If under applicable law taxes are required to be withheld, Customer shall pay Riverside an amount such that the net amount after withholding of taxes shall equal the amount that would have been otherwise payable under this Agreement.</p>
<p>4.3</p>
<p>
<strong>Free Trial.</strong> Riverside may, at its sole discretion, offer a subscription to the Platform with a free trial (“Free Trial”).
" |
|
PENDING |
docbot Bot |
| dogonews.com |
"We cannot and therefore do not guarantee or check the accuracy, completeness or timeliness of, or otherwise endorse these views, opinions or recommendations.</p>
<p>IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL DOGONEWS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ANY USE OF THIS WEBSITE (OR INABILITY TO USE IT), OR ON ANY OTHER HYPER-LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>APPLICABLE<strong>
</strong>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 SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSE OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.</p>
<p>
<strong>INDEMNIFICATION</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Vocabulary |
"DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Vocabulary.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE.
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.</p>
<p>In no event shall Vocabulary.com or its subsidiaries, parent companies, affiliates, licensors, contractors, employees, officers, directors, agents or third-party partners' total liability to you for all damages, losses, and causes of action arising out of or relating to this Agreement or your use of the Vocabulary.com Service (whether in contract, tort, warranty or otherwise, exceed the amount paid by you, if any, for accessing the Vocabulary.com Service during the twelve (12) months preceding your claim or one hundred dollars ($100), whichever is greater.</p>
<p>16.
EXCLUSIONS AND LIMITATIONS</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CLAIMS OR DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| PortableTV |
"IN CONNECTION WITH (A) THE USE OF PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE.
(B) THE SITE, SITE CONTENT, OR USER CONTENT IN ANY WAY.
OR (C) THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE SITE OR YOUR USE OF ANY SITE CONTENT OR ANY WEBSITES LINKED TO THE SITE.
ALL THE FOREGOING REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR WE HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.
UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF WE AND OUR AFFILIATES, SUBSIDIARIES AND LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE FOREGOING EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF US AND OUR AFFILIATES, SUBSIDIARIES AND LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).
IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL WE HAVE BREACHED THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.</p>
<br>
<p>13.
<u>" |
|
PENDING |
docbot Bot |
| info-fremdgehen69.com |
"In case of customer complaints or violations of third-party rights by the Partner, UP and the Advertiser have the explicit right to disclose the identity of the Partner to the offended Party.</li>
<li>The Partner agrees to pay UP for each case of non-compliance with the provisions of this Contract a contractual penalty whose amount is to be determined at UP’s sole discretion and is oriented to the circumstances of the specific individual case and amounting up to 10.000 EUR.</li>
" |
|
PENDING |
docbot Bot |
| AdBridg |
"LIMITATION OF LIABILITY <p></p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADBRIDG BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, OR FOR ANY DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE THE TOOL AND/OR CONTENT, WITH THE DELAY OR INABILITY TO USE THE SITE THE TOOL AND/OR CONTENT, OR FOR ANY INFORMATION OBTAINED THROUGH THE SITE THE TOOL AND/OR CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE THE TOOL AND/OR CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADBRIDG HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IN NO EVENT SHALL ADBRIDG'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SITE, THE TOOL AND/OR CONTENT (OR ANY PART THEREOF), AND/OR ANY OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SITE, EXCEED ONE HUNDRED DOLLARS ($100.00).
ADBRIDG DISCLAIMS ALL LIABILITY OF ANY KIND OF ADBRIDG'S LICENSORS AND SUPPLIERS.</p>
<p></p>
<p></p> 11.
" |
|
PENDING |
docbot Bot |
| smallpdf |
"Limitation of Liability9.1 Liability of Smallpdf<p>Smallpdf is not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable.
and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Services or Software.
Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.</p>9.2 Limited liability<p>Smallpdf’s total liability in any matter arising out of or related to these terms is limited to CHF 100 or the aggregate amount that you paid for access to the Service and Software during the three-month period preceding the event giving rise to the liability, whichever is higher.
This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.</p>9.3 Limitation<p>The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law.</p>10.
" |
|
PENDING |
docbot Bot |
| Q-Dance B.V. |
"The total liability of Organiser is always limited to the compensation for the reasonable, demonstrable and direct out-of-pocket damage and costs of the Visitor, provided that this liability is always limited to the amount covered by the legal liability insurance of the Organiser.</p>
<p>10.4 Liability of Organiser for indirect damage, including consequential loss, intangible damage, loss of profits, lost savings and / or damage due to company stagnation is excluded.</p>
<p>10.5 The Visitor is obliged to report any damages to the Organiser within 48 hours of the Event via the email address as referred to in Article 2.2, on penalty of expiry for any claim of damages.
</p>
<p>" |
|
PENDING |
docbot Bot |
| 7 Cups |
"There are certain things that we do not promise about our Services.</p>
<p>OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER 7 CUPS NOR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, OR AGENTS MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.
WE PROVIDE OUR SERVICES “AS IS.” WE EXCLUDE ALL WARRANTIES.</p>
Liability for Our Services
<p>WHEN PERMITTED BY LAW, 7 CUPS AND 7 CUPS’ AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, OR AGENTS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.</p>
<p>TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF 7 CUPS AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AND AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE SO CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).</p>
<p>IN ALL CASES, 7 CUPS AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AND AGENTS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.</p>
Business Uses of Our Services
<p>If you are using our Services on behalf of a business or organization, that business or organization accepts these terms.
" |
|
PENDING |
docbot Bot |
| United HealthCare Services |
"OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S.
$100.00.
THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES.
IN NO EVENT SHALL THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES " |
|
PENDING |
docbot Bot |
| Cram |
"or</li>
<li>any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the BNED Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Services).
</li>
</ol>
<p>EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE BNED PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS OF USE, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID BNED IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY BNED OR " |
|
PENDING |
docbot Bot |
| MyCleanPC |
"LIMITATION OF LIABILITY <ol>
<li> TO THE MAXIMUM EXTENT PERMITTED BY LAW, REALDEFENSE, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES REALTED TO LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
</li>
<li> THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER REALDEFENSE OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
</li>
<li> IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, REALDEFENSE, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY DAMAGES RELATED TO LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
REAL DEFENSE AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
</li>
<li> WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF 50 USD OR THE ACTUAL AMOUNT YOU HAVE PAID UNDER YOUR CURRENT SERVICE PLAN WITH REALDEFENSE.
</li>
" |
|
PENDING |
docbot Bot |
| Mailbird |
"CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A MAILBIRD REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
MAILBIRD’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
Nothing contained in this Agreement limits Mailbird’s liability to you in the event of death or personal injury resulting from Mailbird’s negligence or for the tort of deceit (fraud).
" |
|
PENDING |
docbot Bot |
| JustAnswer |
"17.
Limitation of Liabilities</strong>
<br>IN NO EVENT SHALL JUSTANSWER, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF, OR IN CONNECTION WITH, OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO JUSTANSWER IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100.
" |
|
PENDING |
docbot Bot |
| Widgit |
"Such costs shall include the Company's Media replacement charge from time to time.</p>
<p>7.3.
Nothing in these Conditions excludes or limits the Company's liability for death or personal injury caused by the Company's negligence, save as expressly provided in Clause 7.1 above, the Company, to the maximum extent legally possible, excludes all other express or implied warranties and conditions and the Company shall not be liable to the Customer for any loss or damage whatsoever (including, without prejudice to the generality of the foregoing, any liability in contract, negligence or any other tort, for any indirect or consequential or economic loss or for loss of or depletion of goodwill, loss of business, loss of profit or revenue or opportunity of any kind) arising directly or indirectly in connection with or arising from the Conditions, Contract, Products or otherwise.
The liability of the Company under any Contract in respect of any event or series of connected events shall not exceed the sum paid by the Customer for the Products.</p> 8.
Copyright and Use of Products
<p>8.1.
IRRESPECTIVE OF WHETHER TITLE TO ANY PRODUCTS PASSES TO THE CUSTOMER UNDER CLAUSE 6.3 " |
|
PENDING |
docbot Bot |
| JuicyAds |
"or (k) cost of obtaining substitute services related to the Platform, the services, or the Site.</p>
<p>24.4  .
Except as stated in this agreement, neither party will be liable to the other party for indirect, incidental, special, statutory, exemplary, or punitive damages arising from this agreement, regardless of theory of liability and even if that party has been advised of the possibility of these damages, including loss of revenue or anticipated profits or lost business.</p>
<p>24.5  .
JuicyAds’s total cumulative liability to you will not exceed the greater of the total amount owed to you under this agreement and $500.</p>
<p>
<strong>25.  .
Indemnification</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Free-insurance-quotes |
"THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.
EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND COMPANY.
" |
|
PENDING |
docbot Bot |
| Clipr |
"(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service.
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
(iv) any interruption or cessation of transmission to or from the service.
(v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party.
(vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service.
and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party.
In no event will Clipr or its affiliates’, contractors’, employees’, agents’, or third-party partners’, licensors’, or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to the Terms or your use of the Service or your interaction with other users (whether in contract, tort including negligence, strict liability, or any other basis), exceed the amount paid by you, if any, for accessing the Service during the twelve months immediately preceding the date of the claim.</p>
<p>" |
|
PENDING |
docbot Bot |
| Unstoppable Domains |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING .
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Allen Institute for Artificial Intelligence |
"As a provider of interactive services, AI2 is not liable for any statements, representations or User Content or Third Party Content provided by its users on the Sites.</li>
</ol>
</li>
<li>
<p>
<strong>LIMITATION OF LIABILITY</strong> IN NO EVENT WILL AI2, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITES, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITES, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITES, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF AI2 IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AI2’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.
IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT AI2’S AGGREGATE LIABILITY WILL NOT EXCEED FIVE HUNDRED ($500) DOLLARS.</p>
</li>
<li>
<p>
<strong>PROPRIETARY RIGHTS</strong>
</p>
<ol>
<li>
<p>
<em>General Proprietary Rights</em>: The Sites are owned by AI2 and contain material that is derived in whole or in part from AI2 and other sources.
The Sites and their contents are protected by international copyright, trademark, and other intellectual property laws.
" |
|
PENDING |
docbot Bot |
| Hotels Combined |
"Exclusion
Except for those terms which cannot by law be excluded, all terms other than those expressly contained in these Terms of Use are excluded.
Cap on liability
Subject to clause 7.1 above, our maximum aggregate liability to you is limited to the sum of $AU100.
Exclusions from liability
We will not in any circumstances be liable (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit which may arise under these Terms of Use.
" |
|
PENDING |
docbot Bot |
| StackAdapt |
"(b) Company's violation of any terms or conditions of this Agreement.
or (c) any claim that Company's Ads violate applicable laws or regulations, or any rights of another person or entity, including without limitation, any intellectual property rights.
</p> 9.
Limitations on Liability <p> OTHER THAN WITH RESPECT TO THE INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 5.2 AND 8 OR A BREACH OF THE CONFIDENTIALITY OBLIGATIONS UNDER SECTION 6, IN NO EVENT WILL EITHER PARTY, THEIR AFFILIATES OR THEIR RESPECTIVE AGENTS BE LIABLE TO THE OTHER FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY NATURE, FOR ANY REASON, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND WHETHER OR NOT EITHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT WILL STACKADAPT'S AGGREGATE LIABILITY TO COMPANY AND ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR COMPANY'S ACCESS TO AND USE OF THE PLATFORM EXCEED THE TOTAL AMOUNT PAID BY COMPANY TO STACKADAPT IN THE SIX (6) MONTH PERIOD PRECEDING THE CLAIM OR ACTION.
</p> 10.
Term and Termination <p>
<strong>10.1 Term</strong>
<br> This Agreement shall commence on the Effective Date, and will remain in full force and effect until and unless terminated as set forth herein (<em>"Term"</em>).
</p>
<p>
<strong>10.2 Termination</strong>
<br> Either party may terminate this Agreement: (a) immediately upon notice if the other party materially breaches any of its obligations hereunder and fails to cure such breach within seven (7) days following written notice.
or (b) immediately upon notice in the event of the suspension of business, insolvency, institution of bankruptcy or liquidation proceedings by or against the other party.
Company or StackAdapt may terminate this Agreement at any time by giving written notice of termination to the other party.
" |
|
PENDING |
docbot Bot |
| RamNode |
"OR (B) DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR OTHERWISE RELATED TO THIS AGREEMENT, YOUR USE OF THE SITE AND/OR SERVICES.
ACCESS TO AND USE OF THE SITES AND SERVICES ARE AT YOUR OWN RISK AND DISCRETION.</p>
<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, RAMNODE’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES STEMMING FROM OR OTHERWISE RELATED TO THIS AGREEMENT, FOR ANY REASON WHATSOEVER AND IRRESPECTIVE OF THE FORM OR FORUM, IS LIMITED TO THE AMOUNTS PAID TO RAMNODE IN THE TWELVE (12) MONTHS " |
|
PENDING |
docbot Bot |
| Primate Labs |
"The Site is provided “AS-IS” and as available and Primate Labs expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
Primate Labs cannot guarantee and does not promise any specific results from use of the Site.</p> Limitations of Our Liability <p>IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS.
IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S.
DOLLARS ($100).</p> " |
|
PENDING |
docbot Bot |
| Arkeero |
"IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES (DIRECT OR INDIRECT) ARISING FROM YOUR USE OF THE WEBSITE AND/OR THE COMPANY SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.
NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR IN ANY WAY LIMIT THE COMPANY’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED BY LAW.</p>
<p>
<strong> </strong>
</p>
<p>
<strong> </strong>
</p>
<p>
<strong>Jurisdiction and applicable law</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Psono |
"In no event shall our and our related party’s total cumulative liability for any loss of profits, loss of use, loss of revenue, loss of goodwill, any interruption of business, loss of or damage to business or reputation, loss of opportunity, loss of advantage, loss of use of any software or data, loss of use of any mobile phone or other equipment, loss of use of the system on which the site, esaqa software or esaqa services are used, or for any direct, indirect, special, incidental, exemplary, punitive or consequential damages of any kind arising out of or in connection with this agreement, the site, the esaqa software, the esaqa services or third party content, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we or our related parties have been advised or are otherwise aware of the possibility of such damages, exceed the amount paid by you for your use of the esaqa services and the esaqa software in the six (6) months prior to the accrual of the first claim.
multiple claims will not expand this limitation.
this section will be given full effect even if any remedy specified in this agreement is deemed to have failed of its essential purpose.</p>
<br>
<p>
<b>9.
Legal notice</b>
</p>
<p>" |
|
PENDING |
docbot Bot |
| ControlD |
"WHERE APPLICABLE BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CONTROLD OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE, OR ANY OTHER INTERACTIONS WITH CONTROLD.</p>We're not liable if the world ends.12.
LIMITATION OF DAMAGE<p>IN NO EVENT WILL THE TOTAL LIABILITY OF CONTROLD OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY " |
|
PENDING |
docbot Bot |
| Agoda |
"No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority.
No Covered Party shall be responsible for any Accommodation’s breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of an Accommodation (including any liability in tort), as to any products and/or services available through the Site.
Agoda does not guarantee continuous access without interruption to the Site.</p>
<p>Agoda will bear the responsibility required by relevant laws only if it is at fault for engaging in intentional or willful misconduct or it is grossly negligent in providing the relevant service.
To the extent permissible pursuant to the relevant applicable laws, and without prejudice to the limitations set out in the Terms of Use, the liability of Agoda, in the aggregate, will not exceed the lesser of (a) the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events) or (b) two hundred and fifty United States dollars (or its equivalent in local currency).
In case of an overcharge or mischarge caused by Agoda, you can make a claim regarding all erroneous charges notwithstanding what is set out above.</p>
<p> In addition, limitation of or exemption from the aforementioned liability may not be permitted pursuant to the relevant applicable laws.
" |
|
PENDING |
docbot Bot |
| Projects-Software |
"12.7.1<br>
The Supplier might offer certain warranties for their (or some of their) Software, but cleverbridge does not offer any warranty on Software purchased through the cleverbridge Website.
CLEVERBRIDGE MAKES NO WARRANTIES AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, QUIET ENJOYMENT, AND ACCURACY.<br>
12.7.2<br>
IN NO EVENT SHALL CLEVERBRIDGE BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, EVEN IF CLEVERBRIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF REVENUE, LOSS OF CUSTOMERS, LOSS OF GOODWILL, OR LOSS OF PROFITS, ARISING OUT OF OR IN RELATION TO THESE TERMS, WHETHER ARISING UNDER CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
IN NO EVENT SHALL CLEVERBRIDGE’S TOTAL, CUMULATIVE LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE FOR THE SPECIFIC PRODUCTS AND SERVICES GIVING RISE TO THE CLAIM.
MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT.
" |
|
PENDING |
docbot Bot |
| pfSense |
"THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRICIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE.
IN NO EVENT WILL ESF’S LIABILITY TO CUSTOMER EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT THAT IS THE BASIS OF THE CLAIM.</p> Link <p>While this site may contain links to third-party sites, ESF is not responsible for the content of any linked sites.
" |
|
PENDING |
docbot Bot |
| Anedot |
"DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE PLATFORM, UNDER ANY LEGAL THEORY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE).
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE TO YOU FOR AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF $100 USD OR THE PROCESSING FEES PAID BY YOU (LESS ANY PART OF THE PROCESSING FEES PAID TO, OR RETAINED BY, A THIRD PARTY (E.G., THE ACQUIRER, AN ISSUING BANK, ETC.) " |
|
PENDING |
docbot Bot |
| R-Wipe & Clean |
"Restriction of Liability</b>
</p>
<p> R-TT will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
R-TT will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence of R-TT or an authorized R-TT representative has been advised of the possibility of such damages, or both.
The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
R-TT total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.
</p>
<p>
<b>Indemnification</b>
</p>
<p> " |
|
PENDING |
docbot Bot |
| Cinnamon |
"THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
CINNAMON AND CINNAMON PARTIES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF SUBSCRIPTION FEE PAID BY YOU TO CINNAMON FOR YOUR USE OF THE SERVICES IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO CINNAMON, OF THE CLAIM AND (B) USD $250.</p>
<p>
<strong>Indemnity</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| champssports |
"This Arbitration Agreement shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Judgment on an arbitration award may be entered in any court having jurisdiction.</li>
<li>For any Dispute where either the amount alleged to be in controversy at the outset of the Dispute, or the amount recovered by either party in arbitration, exceeds $100,000 or involves a request for public injunctive relief, the Dispute shall be subject to JAMS Optional Appeal Overview.
" |
|
PENDING |
docbot Bot |
| Tidio |
"OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.</p>
Limitation of Liability
<p>THE TIDIO PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DATA LOSS, DAMAGE OR COMPUTER CRASH, THE COSTS OF SUBSTITUTE EQUIPMENT AND SOFTWARE, SHUT-DOWN, COMPANY REPUTATION INFRINGEMENT, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, EVEN IF THE TIDIO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS (US $100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, " |
|
PENDING |
docbot Bot |
| ravkoo |
"Without limiting the foregoing, in no event will ravkoo<sup>™</sup> parties’ liability to you exceed $100, even if this remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.</p> " |
|
PENDING |
docbot Bot |
| FlexBooker |
"<ol>
<li>Limitation on Liability</li>
</ol>
<p>IN NO EVENT WILL FLEXBOOKER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR MATERIALS ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE ITEMS AND THE AGREEMENT EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU DURING THE THIRTY (30) DAY PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
</p>
<p> " |
|
PENDING |
docbot Bot |
| DatPiff |
"OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION HEREIN.</p> 9.
Use of Information.
<p> " |
|
PENDING |
docbot Bot |
| Fast Quick Search |
"The arbitrator will decide who will ultimately be responsible for paying those fees.
In no event will you be required to reimburse AMG for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the claim had been resolved in court.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
" |
|
PENDING |
docbot Bot |
| Kitely |
"SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND KITELY'S AGGRAGATE LIABILITY WILL BE LIMITED TO THE SUM OF ONE HUNDRED DOLLARS ($100).</p> " |
|
PENDING |
docbot Bot |
| wheelofnames.com |
"If You wish to terminate Your Account, You may simply discontinue using the Service.</p> Limitation of Liability <p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
In these states, each party's liability will be limited to the greatest extent permitted by law.</p> "AS IS" and "AS AVAILABLE" Disclaimer <p>The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.
" |
|
PENDING |
docbot Bot |
| Audius |
"SOME STATES ,DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ,ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS ,DETERMINED THAT ANY COMPANY PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE ,LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED ,U.S.
DOLLARS ($100.00).,ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY ARISING OUT OF YOUR USEOF THE PLATFORM, INCLUDING, ,BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY ,BETWEEN YOU AND SUCH THIRD-PARTY, AND YOU IRREVOCABLY RELEASE THE COMPANY PARTIES FROM ,ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) " |
|
PENDING |
docbot Bot |
| Appcast |
"IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES (OR DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF, THE SITE OR SERVICES PROVIDED HEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER COMMUNICATIONS.</p>
<p>NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE THREE-MONTH PERIOD PRIOR TO ANY CLAIM.</p>
<p>THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
" |
|
PENDING |
docbot Bot |
| Fetcharate |
"IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON PROVIDER OR ANY THIRD PARTIES, THEN USER AGREES THAT THE AGGREGATE LIABILITY OF PROVIDER AND PROVIDER'S THIRD PARTY SUPPLIERS FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF PROVIDER OR SUCH THIRD PARTY SUPPLIERS IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE OF THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE LESSER OF THE FEES ACTUALLY PAID BY USER TO PROVIDER FOR THE INFORMATION TO WHICH A GIVEN CLAIM RELATES AND ONE HUNDRED DOLLARS ($100).</p>" |
|
PENDING |
docbot Bot |
| PicMonkey |
"We have no control over the contents of these websites or resources.</p>
<p>2.2</p>
<p>Limitation of Liability.</p>
<p>a.</p>
<p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PICMONKEY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITES OR PIC MONKEY SERVICES OR ANY MATERIALS OR CONTENT (INCLUDING PICMONKEY CONTENT) ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PICMONKEY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.</p>
<p>b.</p>
<p>EXCEPT AS PROVIDED IN SECTIONS 9 AND 10 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PICMONKEY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITES OR PIC MONKEY SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PICMONKEY FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.
" |
|
PENDING |
docbot Bot |
| Gamebanana |
"User acknowledges that such maintenance may require downtime.
GameBanana will attempt to provide prior notice of the maintenance downtime, except in the case that circumstances beyond GameBanana's control limit the ability to do so.
<br>
<br>8.
Limitation of LiabilityIN NO EVENT WILL GameBanana BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OR INABILITY TO USE THE SERVICES OR ANY Submitted Content SENT THROUGH, STORED BY OR DOWNLOADED FROM GameBanana, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GameBanana HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL GameBanana'S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
" |
|
PENDING |
docbot Bot |
| Fembed |
"(3) the results that may be obtained from the use of the Service will be accurate or reliable.
(4) the quality of any products, services, information or other material obtained by you through the Service will meet your expectations.
(5) any errors in the components or contents of the Service will be corrected.
or (6) that the Service is free of viruses or other harmful components.
YOU UNDERSTAND AND AGREE THAT FEMBED WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INTEREST OR APPRECIATION, LOSS OF GOODWILL, OR HARM TO REPUTATION, OR FOR ANY INTANGIBLE LOSSES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE OR ANY DATA UPLOADED, STORED OR MADE AVAILABLE THROUGH THE SERVICE, WHETHER OR NOT FEMBED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, YOU UNDERSTAND AND AGREE THAT THE MAXIMUM LIABILITY OF FEMBED ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU TO FEMBED, OR OWED BY FEMBED TO YOU, PURSUANT TO THESE TERMS OF SERVICE AND THE OTHER TERMS AND CONDITIONS THEY INCORPORATE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
" |
|
PENDING |
docbot Bot |
| ouya.world |
"Limits on Liability
<p>
<em>
<strong>Neither the company nor its suppliers will be liable to you for breach-of-contract damages their personnel could not have reasonably foreseen when you agreed to these terms.</strong>
</em>
</p>
<p>
<em>
<strong>As far as the law allows, the total liability to you for claims of any kind that are related to the forum or content on the forum will be limited to $50.</strong>
" |
|
PENDING |
docbot Bot |
| Web Browser Tools |
"SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
AS SUCH, THIS PROVISION MAY NOT APPLY TO YOU.
IN SUCH CASES, YOU AGREE THAT WebBrowserTools'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
</p> 22.
GOVERNING LAW AND ARBITRATION <p> " |
|
PENDING |
docbot Bot |
| Textnow |
"OR (III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE APP TO YOU.
OR</p>
<p>(d) ANY ACT OR OMISSION OF ANY OF ITS APP PROVIDERS.</p>
<p>48.
THE LIMITATIONS ON TEXTNOW'S LIABILITY TO YOU IN PARAGRAPHS 43 to 47 ABOVE SHALL APPLY WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.</p>
<p>49.
NOTWITHSTANDING ANYTHING CONTRARY IN THIS AGREEMENT AND WITHOUT LIMITING THE GENERALITY OF SECTION 46 ABOVE, IN NO EVENT SHALL TEXTNOW'S MAXIMUM AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF ONE-HUNDRED DOLLARS ($100.00) CANADIAN.
" |
|
PENDING |
docbot Bot |
| Newell Brands |
"OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE 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 MAY NOT APPLY TO YOU.
IN NO EVENT SHALL NEWELL BRANDS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.</p>
<p>THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY.</p>
<p>
<b>Choice of Law</b>
<br>Newell Brands controls and manages this website from its facilities in the State of Georgia in the United States of America.
Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America.
" |
|
PENDING |
docbot Bot |
| Teamhood |
"THESE TERMS OF USE. EYLEAN EXPRESSLY DISCLAIMS AND EXCLUDES AND THE CLIENT HEREBY WAIVES ALL OTHER WARRANTIES, OBLIGATIONS, LIABILITIES OF EYLEAN AND RIGHTS AND REMEDIES OF THE CLIENT, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE REGARDING ANY OF THE FOREGOING INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EYLEAN DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET THE CLIENT’S REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. <br>5.
Limitation of Liability <br>In any case the direct damages for either party are limited to the total amount of fees paid for subscription license for the current year.
" |
|
PENDING |
docbot Bot |
| GameAnalyticts |
"whether or not such losses were within the contemplation of the Parties at the date of this Agreement.<br>
b) caused by any failures of Your equipment, systems or local access services or<br>
c) due to previously scheduled maintenance.</p>
<p>13.6 Subject to Clauses 13.1 and 13.2, GameAnalytics’ (and its wholly owned subsidiaries’) total cumulative liability (whether in contract, tort (including negligence) or otherwise) to You under or in connection with this Agreement shall not exceed DKK 1,000.</p>
14.
" |
|
PENDING |
docbot Bot |
| NewspaperArchive |
"YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM THIRD PARTY’S HARDWARE, SOFTWARE, COMMUNICATIONS SERVICES OR MATERIALS, OR FROM TECHNICAL PROBLEMS, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH, THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, DELAYS OR INTERRUPTIONS OR OVERLOAD OF OUR OR OTHER SERVERS) ANY TELECOMMUNICATIONS, INTERNET PROVIDERS OR OTHER THIRD PARTY SERVICE PROVIDERS.
Applicable law may not allow the exclusion of certain warranties, so to that extent the above exclusions may not apply.</p>
13.
Limitation of Liability <p>COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUE, LOSS OF GOODWILL, DATA LOSS, WORK STOPPAGE, OR COMPUTER FAILURE, DELAY OR MALFUNCTION) ARISING OUT OF THE ORDER FORM AND/OR THIS AGREEMENT OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE OR OUR CONTENT, EVEN IF THE PARTY AGAINST WHOM A CLAIM IS ASSERTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY FOR ANY CLAIMS AND DAMAGES ARISING FROM OR OUT OF THE ORDER FORM AND/OR THIS AGREEMENT OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SERVICES OR OUR CONTENT (WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) EXCEED $500.00.
" |
|
PENDING |
docbot Bot |
| Sharetek |
"Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your Account, You may simply discontinue using the Service.</p>Limitation of Liability<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| VitraCash |
"Vitracash will use best endeavours to ensure that the appropriate card is used in each transaction.
However, you agree and acknowledge that VitraCash makes such choice at its own discretion and shall not be liable to you for any losses you may suffer as a result of such choice being made by VitraCash (i.e. certain levels of interest being charged under a chosen credit card or failure to obtain a preferred benefit, such as travel insurance).
Accordingly, you give VitraCash full right to make the relevant card choice on your behalf without having to obtain your approval for each transaction undertaken utilising the Services.
Accordingly, you use the App at your own risk.</p>
<p>26.10 <strong>Liability of VitraCash is limited.
</strong>Subject to clause 26.2, the total liability of VitraCash (whether stated in this clause 23 or otherwise determined), whether in contract, tort (including negligence) or otherwise and whether in connection with this licence, the Service or any collateral contract, shall in no circumstances exceed a sum equal to the Fees paid during the six (6) month period immediately before the date on which the cause of action first arose.</p>
<p>26.11 <strong>Tax.
</strong>" |
|
PENDING |
docbot Bot |
| CPAlead |
"Limitation of Liability and Disclaimer of Warranty.</u>
</strong>ANY OBLIGATION OR LIABILITY OF CPAlead UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF YOUR COMMISSIONS PAID TO YOU BY CPAlead (OR REVENUE GENERATED THROUGH YOUR COMPANY IF YOU ARE AN ADVERTISER) UNDER THIS AGREEMENT DURING THE YEAR PRECEDING THE CLAIM.
NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST " |
|
PENDING |
docbot Bot |
| Consensus Cloud Solutions |
"Limitation of Liability</strong>
<br>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS AFFILIATES, OR THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
OR (B) ANY AMOUNTS IN THE AGGREGATE IN EXCESS OF (I) IF YOU ARE OBTAINING ACCESS TO THE SYSTEM DIRECTLY FROM THE COMPANY, THE AMOUNTS PAID BY YOU FOR YOUR SUBSCRIPTION IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR (II) IF YOU ARE OBTAINING ACCESS TO THE SYSTEM FROM OR THROUGH A COMPANY PARTNER, THE AMOUNTS PAID BY SUCH COMPANY PARTNER FOR YOUR SUBSCRIPTIONIN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE.
Some states do not allow the types of limitations in this paragraph, so they may not apply to you.</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Messari |
"LIMITATIONS OF LIABILITY</b>
</p>
<p>11.1.  .
<u>Company
Obligations</u>. .
We will not be liable for any circumstances arising out of causes beyond
our reasonable control or without our fault or negligence, including, but not
limited to, acts of God, acts of civil or military authority, fires, riots,
wars, embargoes, pandemics, epidemics, Internet disruptions, hacker attacks, or
communications failures, or other force majeure.
IN NO EVENT WILL WE OR OUR
AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL
DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS
INTERRUPTION, OR FROM LOSS OR INACCURACY OF INFORMATION, INCLUDING IF AND TO
THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT, OR
YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE
FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR
POSSIBLE.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF US TO YOU FOR ANY AND ALL
CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, EXCEED THE
TOTAL FEES PAID TO US BY YOU, IF ANY, DURING THE SIX-MONTH PERIOD PRECEDING THE
DATE OF ANY CLAIM (OR $10 IF THE SERVICES ARE FREE).
YOU ACKNOWLEDGE THAT THIS
LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE
PROVISION OF THE SERVICE TO YOU, AND WE WOULD NOT PROVIDE THE SERVICE TO YOU
WITHOUT THIS LIMITATION.<b>
</b>
</p>
<p>" |
|
PENDING |
docbot Bot |
| iFixit |
"THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) US$10.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IFIXIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE.
(II) ERRORS OR OMISSIONS IN ANY CONTENT OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
" |
|
PENDING |
docbot Bot |
| Speedwrite |
"WITHOUT LIMITING THE FOREGOING, Speedwrite AND ITS LICENSORS AND ITS SUPPLIERS DO NOT WARRANT THAT THE OPERATION OF THE SITE, SERVICES AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE.</p>
<p>Limitation of liability </p>
<p>IN NO EVENT SHALL Speedwrite BE LIABLE WITH RESPECT TO THE SITE, SERVICES AND/ OR SOFTWARE FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES YOU HAVE ACTUALLY PAID TO Speedwrite DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY " |
|
PENDING |
docbot Bot |
| Zenly |
"Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.</p>
☂️ 12.
Limitation of liability
<p>Zenly and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Services or inability to use the Services.
(b) your access to or inability to access the Services.
(c) the conduct or content of other users or third parties on or through the Services.
or (d) unauthorised access, use or alteration of your content.
In no event will Zenly or their affiliates’ aggregate liability for all claims relating to the Services exceed the greater of €100 EUR.</p>
<p>" |
|
PENDING |
docbot Bot |
| Honeyfund |
"Limitation of Liability.
Honeyfund.com, Inc.
shall not be liable to you or any third party claiming through you for any damages in connection with your inability to use the service and the site or any content appearing on the site.
In no event will Honeyfund.com, Inc.
be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether Honeyfund.com, Inc.
has been advised of the possibility of such damages.
In no event will the total, cumulative liability of Honeyfund.com, Inc.
damages under this Agreement exceed one hundred dollars ($100.00).<br>
<br>
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Paygvpn |
"PayGVPN disclaims any and all liability for any failure on our part to prevent such materials or information from being transmitted over the service and/or into your computing device.</p>Limitations of liability<p>There are inherent risks in relying upon, using, transmitting, or retrieving any data and/or content on the Internet, and we urge you to make sure you understand these risks before using the service.</p>
<p>Your use of the services is at your own risk.
Neither Critical Dynamics nor any of its subsidiaries or affiliates, nor any of their employees, officers or directors, shall be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages (including, without limitation, loss of data or information of any kind, loss of business, lost profits, interruption of business, cost of cover or any other damages) arising out of or in any way related to this agreement or the use or inability to use the services, whether based on contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages.
In any case, the liability of the company shall not exceed what the client paid to the company and shall not include attorney fees or court costs irrespective of any laws or statutes that may prescribe otherwise.</p>Class action waiver<p>Where permitted under the applicable law, class action lawsuits, class-wide arbitrations, collective action claims, and any other proceeding where someone acts in a representative capacity are not allowed.
" |
|
PENDING |
docbot Bot |
| RblxTrade |
"(iii) CLAIMS OF THIRD PARTIES.
OR (iv) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS POLICY, THE WEBSITE OR ANY LINKED SITE.
IN NO EVENT WILL THE CUMULATIVE LIABILITY OF RBLXTRADE, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARISING OUT OF OR RELATED TO THIS POLICY EXCEED CDN $100.
TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.<br>
<br>
<strong>Scope of Limitations and Disclaimers.</strong> " |
|
PENDING |
docbot Bot |
| Arista Networks |
"All information provided on this Web Site is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.
TO THE FULLEST EXTENT OF THE LAW, ARISTA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
Arista and its suppliers shall not be liable for any indirect, special, consequential, or incidental damages including, without limitation, lost profits, lost revenues, costs of replacement goods, loss or damage arising out of the use or inability to use this site or any Arista product, damages resulting from use of or reliance on information present, even if Arista or its suppliers have been advised of the possibility of such damages.</p>
<p>TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF ARISTA TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO ARISTA FOR ACCESS TO AND USE OF THE SITE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.
" |
|
PENDING |
docbot Bot |
| GetUpside |
"DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GETUPSIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE.
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL GETUPSIDE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GETUPSIDE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
" |
|
PENDING |
docbot Bot |
| Lumen5 |
"OR ANY LOSS OF DATA, INCLUDING USER CONTENT.HOWEVER, LUMEN5 DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT LUMEN5 IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.15.
Limitation of LiabilityTO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE LUMEN5 ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY LUMEN5 ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE LUMEN5 ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO LUMEN5 FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.
" |
|
PENDING |
docbot Bot |
| ClearVPN |
"Limitation of liability<p>TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MACPAW BE LIABLE TO YOU OR A THIRD PARTY FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER.
THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES AND/OR CONTENT OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MACPAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
REGARDLESS, IN NO EVENT SHALL MACPAW’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.</p>
<p>We are not responsible for your or someone else’s injuries or damages (listed in the text on the left.) In countries where this kind of liability doesn’t work, the maximum sum we’ll pay for all damages is $50.</p>Governing Law<p>These Terms will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles.
" |
|
PENDING |
docbot Bot |
| My Study Life |
"special, indirect or consequential loss or damage.</li>
</ol>
</li>
<li>The Company liability under this Agreement to the Customer will not exceed the Fee paid by the Customer to the Company.</li>
</ol>
</li>
<li>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Wyng |
"AND SECTION 4 (RESTRICTIONS ON USE), IN NO EVENT WILL EITHER PARTY OR ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE TO THE OTHER PARTY UNDER THIS AGREEMENT FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS OR DATA OR OTHER ECONOMIC LOSS) ARISING FROM ANY CAUSE OF ACTION OR LEGAL THEORY, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, STRICT LIABILITY, FAILURE OF ESSENTIAL PURPOSE OR ANY OTHER ECONOMIC LOSSES, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>EXCEPT FOR EACH PARTY’S CONFIDENTIALITY OBLIGATIONS OR CAMPAIGN OPERATOR’S LICENSE OBLIGATIONS SET FORTH IN SECTIONS 3 (LICENSE OF SERVICES) AND SECTION 4 (RESTRICTIONS ON USE), THE MAXIMUM LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT, TAKEN AS A WHOLE, FOR ANY AND ALL CLAIMS IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO CLAIMS FOR INDEMNIFICATION, BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, STRICT LIABILITY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WILL IN NO CIRCUMSTANCE EXCEED THE FEES PAID OR OWED TO WYNG BY CAMPAIGN OPERATOR IN THE PAST TWELVE (12) MONTHS UNDER THIS AGREEMENT.</p>
<p>19. SUSPENSION</p>
<p>Wyng may, with or without prior notice, suspend access to the Services if any amounts owed by Campaign Operator are thirty (30) or more days overdue.
" |
|
PENDING |
docbot Bot |
| Newly Rated Gadgets |
"ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.</p>
<p>(f) LIMITATION OF LIABILITY.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.</p> Force Majeure <p>You acknowledge and understand that if the Web Site is unable to provide the Products as a result of a force majeure event the Website will not be in breach of any of its obligations towards You under these Terms of Service.
A force majeure event means any event beyond the control of the Website.
" |
|
PENDING |
docbot Bot |
| Hyperbeam |
".</li>
<li>
<u>Limitation of Liability.</u> TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.<br>
<br>TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO COMPANY FOR USE OF THE SERVICES OR " |
|
PENDING |
docbot Bot |
| Truebill |
"In its ordinary course of business, nbkc bank may utilize a "Deposit Network Service" to deposit funds from the Omnibus Account into other FDIC insured banks ("Network Banks").
In the event funds from the Omnibus Account are deposited into Network Banks via the Deposit Network Service, nbkc bank will deliver funds to a custody bank ("Custodian Bank") participating in the Deposit Network Service.
In the event any of your beneficial funds from the Omnibus Account arrive at a Network Bank through a Deposit Network Service, they may be eligible for FDIC insurance, however, in the event you or nbkc bank have funds, either directly or indirectly, at any of the Network Banks, such deposit insurance coverage may be adversely affected, and the principal and any accrued interest may not benefit from FDIC insurance, even if the total amount deposited in that Network Bank through the Deposit Network Service is less than the Standard Maximum Deposit Insurance Amount, as then provided by the FDIC.
" |
|
PENDING |
docbot Bot |
| Edgecast |
"NOTWITHSTANDING ANYTHING TO THE CONTRARY, VERIZON’S AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTIONS, CLAIMS AND DAMAGES IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO ONE HUNDRED DOLLARS ($100.00).<br>
</li>
<li>
<strong>Confidentiality.
Publicity.</strong> Except as required by law or regulation, during the Trial Period and for three years after termination of this Agreement, each party shall use the other party’s Confidential Information only for purposes of this Agreement, not disclose it to third parties except as provided below, and protect it from disclosure using the same degree of care it uses for its own Confidential Information (but no less than a reasonable degree of care).
Customer’s Confidential Information may be disclosed by Verizon to Verizon’s Affiliates and/or contractors, who are not parties to this Agreement and who have a need to know the Customer’s Confidential Information for purposes of performing this Agreement, provided that, such Affiliates and/or contractors enter into a written confidentiality agreement with Verizon containing terms at least as restrictive as those set forth in this Agreement.
" |
|
PENDING |
docbot Bot |
| Bear Blog |
"Limitation of Liability
<p>In no event will Bear, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to Bear under this Agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Buycott |
"SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
</p>
<p>
</p>
<p>IN NO EVENT WILL BUYCOTT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).
</p>
<p>
</p>
<p>THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BUYCOTT AND YOU.
</p>
<p>Governing Law </p>
<p> These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
</p> Dispute Resolution for Individual Consumers <p> Agreement to Arbitrate </p>
<p> " |
|
PENDING |
docbot Bot |
| Sticker Ninja |
"If You wish to terminate Your Account, You may simply discontinue using the Service.</p>
Limitation of Liability
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
In these states, each party’s liability will be limited to the greatest extent permitted by law.</p>
" |
|
PENDING |
docbot Bot |
| MEDICAL ALERT SYSTEMS . US |
"If you are in a state that does not allow the limitation of liability for certain damages, the above limitation of liability or a portion of it may not apply to you.
However, you agree in any event that MedicalAlertSystems.us’s total liability (and that of its affiliates, directors, officers and employees) for all damages, losses, injuries, or claims of any kind or nature shall be limited to the amount you have paid to access the Site.
8.12 <u>User Access.
</u> User Access to and use of the Site is subject to all applicable federal, state and local laws and regulations.
Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws.
California law and federal law will govern the interpretation and enforcement of these Terms and Conditions, without giving effect to the principles of conflicts of law.
" |
|
PENDING |
docbot Bot |
| Dystech |
"</ol>
<ol>
<li>conditions, guarantees or warranties expressed or implied by law.
and </li>
<li>any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill),</li>
</ol>
<p>arising out of, or in connection with, access and/or use of the Platform, or any of the Services and this Agreement.
</p>
<ol>
<li>Our liability to you is limited to the maximum extent permissible by law.
To the extent that our liability is not otherwise excluded, subject to any Non-Excludable Guarantees, our liability to you is limited to the aggregate sum of $100.
" |
|
PENDING |
docbot Bot |
| Streamlare |
"<br> YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE.
IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO US PURSUANT TO THESE TERMS.
14.
Choice of Law and Venue To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of Dominica without regard to conflict of law provisions.
FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS LOCATED IN DOMINICA.
" |
|
PENDING |
docbot Bot |
| follow.it |
"Limitation on Liability</strong>In no event shall follow.it be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if follow.it has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, follow.it's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to follow.it for the follow.it services during the term of membership.<br>
<strong>13.
" |
|
PENDING |
docbot Bot |
| Patient Access |
"9.3 Subject to section 9.1, our liability (and that of our suppliers or licensors) for any losses suffered arising out of, or in connection with, your use of the Service, whether in contract, tort (including negligence or breach of statutory duty), or otherwise is limited to the sum of one thousand pounds (£1,000).</p>
<p>9.4 " |
|
PENDING |
docbot Bot |
| AcuityAds |
"A CONTRACTED CLIENT AS A RESULT OF ADVERTISER’S OR A CONTRACTED CLIENT’S ACTIONS OR OMISSIONS.</p>
<ol>
<li>LIMITATIONS ON LIABILITY</li>
</ol>
<p>NEITHER ACUITY NOR ITS AFFILIATES WILL BE LIABLE TO ADVERTISER OR ANY THIRD PARTY, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THIS PARAGRAPH ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ADVERTISER AND ACUITY.
THE RIGHTS AND LICENSES GRANTED BY ACUITY HEREUNDER WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.</p>
<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ACUITY’S MAXIMUM AGGREGATE LIABILITY TO ADVERTISER OR ITS CONTRACTED CLIENTS FOR ANY CAUSES OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION, WILL BE THE GREATER OF: (i) ONE HUNDRED DOLLARS ($100.00).
OR (ii) TWENTY-FIVE PERCENT OF THE NET REVENUE EARNED BY ACUITY UNDER THIS AGREEMENT IN THE YEAR PRIOR TO THE EVENT GIVING RISE TO CLAIM OR CAUSE OF ACTION.
FOR THE AVOIDANCE OF DOUBT, “NET REVENUE” MEANS THE AMOUNT ACTUALLY RECEIVED BY ACUITY PURSUANT TO THIS AGREEMENT, LESS ANY AMOUNTS PAID BY ACUITY FOR AD INVENTORY IN CONNECTION WITH SUCH REVENUE.</p>
<ol>
<li>OWNERSHIP</li>
" |
|
PENDING |
docbot Bot |
| OP.GG |
"OR CONDUCT OF ANYONE IN CONNECTION WITH THE SERVICES.
OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISE OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, OUR LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY FEES YOU PAID FOR THE SERVICES IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST US, OR (II) US$100.00.</p>
<p>
<strong>Indemnification</strong>: YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US AND OUR SUBSIDIARIES, AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, VENDORS, PARTNERS, CONTRACTORS, AGENTS, LICENSORS OR OTHER REPRESENTATIVES OF EACH OF THEM AND ALL THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNITEES”) IN RESPECT OF ALL CLAIMS, COSTS (INCLUDING LEGAL FEES AND COSTS), DAMAGES, LIABILITIES AND EXPENSES OR OBLIGATIONS OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SERVICES (INCLUDING WITHOUT LIMITATION USE OF YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU) AND YOUR USER CONTENT.
" |
|
PENDING |
docbot Bot |
| Sam's Club |
"THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SAM'S CLUB HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>YOU ACKNOWLEDGE, BY YOUR USE OF THE SNG APP, THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK.
IF YOU ARE DISSATISFIED WITH THE APP OR ANY CONTENT ON THE APP, OR WITH THESE APP TERMS AND CONDITIONS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.</p>
<p>IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SAM'S CLUB UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).</p> " |
|
PENDING |
docbot Bot |
| MyIR Mobile |
"Limitation of Time to File Claims/Limit on Liability</u>.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS EULA OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
FURTHER, UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABITLY EXCEED THE AMOUNT THAT END USER PAID TO SERVICES PROVIDER IN THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.</p>
<p>22.
<u>Remedies</u>.
Except as provided in in this EULA, the parties’ rights and remedies under this EULA are cumulative.
" |
|
PENDING |
docbot Bot |
| Confide |
"WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.</p>
<p>
<b>Limitation of Liability</b>.
IN NO EVENT WILL CONFIDE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR (I) ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE OR ANTICIPATED SAVINGS, LOST DATA, LOST GOODWILL, OR BUSINESS INTERRUPTION ARISING OUT OF THE TERMS OF SERVICE OR RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICE OR THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (INCLUDING TORT AND BREACH OF CONTRACT) EVEN IF FORESEEABLE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AND (II) ANY DIRECT DAMAGES ARISING OUT OF THE TERMS OF SERVICE OR THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICE OR THE CONTENT, EXCEEDING, IN THE AGGREGATE, THE HIGHER OF FIFTY DOLLARS ($50) OR THE TOTAL FEES THAT YOU HAVE PAID TO US WITHIN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO ANY CLAIM FOR SUCH DAMAGES</p>
" |
|
PENDING |
docbot Bot |
| Utreon |
"AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF UTREON, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE UTREON SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE UTREON SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.</p>
<p>ii.
Reference Sites.</p>
<p>THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN UTREON AND RECEIVED THROUGH OR ADVERTISED ON THE UTREON SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.</p>
<p>iii.
Basis of the Bargain.</p>
<p>" |
|
PENDING |
docbot Bot |
| AdHitz |
"Subscriber agrees that Company will have sole and exclusive control over the defense and settlement of any such third party claim.
<br>
<br>
<b>11.
LIMITATION OF LIABILITY</b>.
IN NO EVENT SHALL COMPANY BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY SUBSCRIBER THEREFOR.
OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.
" |
|
PENDING |
docbot Bot |
| pineapplesupport.org |
"HARM OR INJURY ARISING FROM OR RELATED TO THE PLATFORM, THE PROVIDERS OR THE PROVIDER SERVICES.</p>
<p>
<strong>5.
Limitation of Liability</strong>
</p>
<p>o YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.</p>
<p>o YOU FURTHER AGREE, CONFIRM AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.</p>
<p>" |
|
PENDING |
docbot Bot |
| scarlet-clicks.info |
"We are not responsible for your mistakes.</p>
<p>You can only request an unlimited amount to be paid to the payment processor you've used to make the most of your deposits from.
The maximum amount you can request to the other payment processors is equal to the value of the deposits you've made through them individually.</p>
<p> </p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Swym Corporation |
"Swym agrees to use reasonable efforts to promptly notify Client in writing of a Claim for which indemnification is sought and to provide Client with all non-monetary assistance, information and authority reasonably necessary for the defense and settlement of such Claim.
Swym reserves the right, at Client’s expense, to assume the exclusive defense and control of any Claim for which Client is required to indemnify any Swym Indemnitee and Client agrees to cooperate with the Swym Indemnitee in the defense of the Claim.
Client shall obtain Swym’s prior written consent to any settlement of a Claim, said consent not to be unreasonably withheld, conditioned or delayed.</li>
</ul>
<p>
</p>
<p>
</p>
<ol>
<li>
<strong>LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES.</strong>
</li>
</ol>
<p>
</p>
<p>
</p>
<ol>
<li>EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL A PARTY’S (INCLUDING THE PARTY’S OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES) AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY PAID BY CLIENT TO SWYM FOR THE SERVICES LESS " |
|
PENDING |
docbot Bot |
| GlobaliD |
"(2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE GLOBALID SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER GLOBALID HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE GLOBALID SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO GLOBALID DURING THE PRIOR TWELVE MONTHS " |
|
PENDING |
docbot Bot |
| Browserling |
"LINKED WEBSITES, AS APPLICABLE.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO BROWSERLING FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO BROWSERLING IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE SERVICES.
YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF USE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO COMMUNICATION OF ANY KIND BETWEEN YOU AND BROWSERLING OR A REPRESENTATIVE OF BROWSERLING CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
" |
|
PENDING |
docbot Bot |
| Tapfiliate B.V. |
"In no event will Tapfiliate be liable for any consequential, special, indirect, or exemplary damages whatsoever arising out of (i) errors, mistakes, or inaccuracies of the Service, (ii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein, (iii) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, or for any loss or damage of any kind incurred as a result of the use of the Service, however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.
Users acknowledge that the amounts payable under these Terms are based in part on these limitations, and further agree that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.</li>
<li>Tapfiliate's liability will never exceed the fees paid by you to Tapfiliate in the year immediately proceeding the event causing the damages.</li>
<li>The User agrees that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our Service includes only the provision of the Service and responsibility for any payment to Affiliates lies solely with the Advertisers.</li>
</ol>8.
" |
|
PENDING |
docbot Bot |
| Freelancer |
"(3) a fine of up to US$3,000 is a presently reasonable pre-estimate or minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.
and (4) we may release the entire (or part of the) amount of the fine from your Account to us.
</p>
<p> " |
|
PENDING |
docbot Bot |
| Stealth Ops 99 LLC |
"<br>
</b>
<b>
<br>
</b>
<b>IN ANY EVENT, COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE, WILL NOT EXCEED THE COST OF THE PRODUCTS PURCHASED ON THIS WEBSITE.</b>
<b>
" |
|
PENDING |
docbot Bot |
| SimpliServers |
"Imediatelly once we detect a chargeback, all your services are suspended, until te dispute is resolved.
After that it's upon our desition if we decide to close your account or offer you further services on our platform.
</p>
Limitation of Liability <p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| Amethyst Hosting |
"OR (i) APPLICATION OF ANY DISPUTE POLICY.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES, AND IN NO EVENT SHALL OUR LIABILITY BE GREATER THAN $200.00 (US Dollars).
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
</li>
<li> INDEMNITY: You hereby release, indemnify, and hold us, ICANN, the registry operators (including, but not limited to VeriSign, Inc), as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and court costs, for third party claims relating to or arising under this Agreement, including any breach of any of your representations, warranties, covenants or obligations set forth in this Agreement, the Services provided hereunder (including, but not limited to WHOIS privacy), or your use of the Services, including, without limitation, infringement by you, or by anyone else using the Services, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our or ICANN's operating rules or policies relating to the Services provided.
We may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this paragraph.
" |
|
PENDING |
docbot Bot |
| PostHog |
"AND/OR 2.1, IN NO EVENT WILL EITHER PARTY OR THEIR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE LICENSED MATERIALS OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT, ANY DELAY OR INABILITY TO USE THE LICENSED MATERIALS OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
EXCEPT WITH RESPECT TO BREACH(ES) OF SECTION 1.1 AND/OR 2.1, THE TOTAL LIABILITY OF EACH PARTY AND ITS LICENSORS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF (i) ONE THOUSAND DOLLARS ($1,000), OR (ii) THE FEES PAID TO POSTHOG HEREUNDER IN ONE YEAR PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED.
THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.</p>10.
U.S.
Government Matters<p>Notwithstanding anything else, Customer may not provide to any person or export or re-export or allow the export or re-export of the Licensed Materials or any software or anything related thereto or any direct product thereof (collectively “Controlled Subject Matter”), in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.
" |
|
PENDING |
docbot Bot |
| Tartle |
"PARTY PLATFORMS TO SHARE SELLER DATA WITH TARTLE, AND (II) VIRTUAL CURRENCY TO PAY FOR, OR RECEIVE PAYMENT FOR, PUBLISHED DATA PACKETS.<br>
<br>TO THE EXTENT THAT TARTLE AND OUR LICENSORS MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
<br>7.3 Limitation of Liability.N CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE TARTLE MTERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE TARTLE MATERIALS SHALL BE LIMITED TO THE GREATER OF: (I) TOTAL FEES THAT YOU HAVE PAID TO US WITHIN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO ANY CLAIM, OR (II) FITY US DOLLARS ($50).<br>
<br>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.
" |
|
PENDING |
docbot Bot |
| shopcrazydiscounts |
"ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.</p>
<p>(f) LIMITATION OF LIABILITY.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.</p> Force Majeure <p>You acknowledge and understand that if the Web Site is unable to provide the Products as a result of a force majeure event the Website will not be in breach of any of its obligations towards You under these Terms of Service.
A force majeure event means any event beyond the control of the Website.
" |
|
PENDING |
docbot Bot |
| Eargo |
"WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELEASED PARTIES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF THE COMPANY.
ADDITIONALLY, IN NO EVENT SHALL EARGO BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SERVICE, ITS CONTENTS AND ALL TEXT, IMAGES, PRODUCTS (INCLUDING DEVICE(S)), ORDERS, GRAPHICS, AND OTHER INFORMATION, ACCESSIBLE FROM OR AVAILABLE THROUGH THE SERVICE, EVEN IF EARGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.</p>
<p>You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, services and experiences available through the Service.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this Service, or purchasing any products.</p>
<p>
<b>CONTESTS AND SWEEPSTAKES: </b>On occasion Eargo may sponsor Contests and/or Sweepstakes (“Promotions”).
" |
|
PENDING |
docbot Bot |
| ServiceM8 |
"LIMITATION OF LIABILITY<p>To the maximum extent permitted by law, ServiceM8 excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service.</p>
<p>
<br>If You suffer loss or damage as a result of ServiceM8's negligence or failure to comply with these Terms, any claim by You against ServiceM8 arising from ServiceM8's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Usage Fees paid by You in the previous 12 months.</p>
<p>
" |
|
PENDING |
docbot Bot |
| Veracity |
"Limitation of Liability
<p>13.1 DNV GL AS, its parent company and subsidiaries shall not in any way be held liable towards the User for any of the User’s or its affiliates’ consequential or indirect loss, including but not limited to interruption or loss of business, contract or revenue, loss of goodwill, loss of profit, loss of production, wasted overhead, cost of substitute equipment, downtime costs or other special, punitive or other forms of indirect losses, howsoever such may arise, whether under contract, tort (including negligence), strict liability or otherwise under this Agreement or the Veracity Service.</p>
<p>13.2 Except in case of fraud or fraudulent misrepresentation or other similar circumstances by DNV GL AS, for which it may not lawfully limit its liability under this Agreement’s applicable law, the total maximum liability of DNV GL AS, its parent company and subsidiaries towards the User (and whether in contract, tort (including without limitation negligence), breach of statutory duty, under any indemnity or otherwise howsoever) arising out of or in relation to this Agreement, the performance or non-performance of the Veracity Service, shall be limited to a maximum aggregate sum of USD 100,000 (onehundredthousand).</p>
14.
" |
|
PENDING |
docbot Bot |
| Rocket.Chat |
"IN NO EVENT WILL WE HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR MAXIMUM AGGREGATE LIABILITY FOR ANY BREACH OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICE IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE OR THE AMOUNT YOU PAID US DURING THE PRIOR 12 MONTHS.
THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.<strong>" |
|
PENDING |
docbot Bot |
| CloudTax |
"You understand and agree that the entire liability of CloudTax Inc.
and our principals, employees or any other person, corporation or organization that has helped us shall be at all times limited to the amount, if any, that you paid to use the Services.
You agree that we are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if we have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
<strong>" |
|
PENDING |
docbot Bot |
| MeetMatch |
"OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP EVEN IF MEETMATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>18.2.
IN ANY EVENT, MEETMATCH’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO MEETMATCH FOR USING THE APP WITHIN THE THREE (3) MONTHS " |
|
PENDING |
docbot Bot |
| ams-ix.net |
"8.2</strong> Any liability of AMS-IX Company towards Customer for compensation of damages resulting from AMS-IX Company’s performance or non-performance of the AMS-IX Connection Agreement is at all times limited to the total amount of fees paid by Customer to AMS-IX Company under that agreement over the twelve (12) months, preceding the event (or, in case of a series of events: the occurrence of the first events of such a series) that caused such damages.
</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| The Washington Free Beacon |
"We expressly disclaim any liability for any errors or omissions in the content included in the Services or any third-party sites linked to or from the Services.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.</p>
<p>In no event will we, or our subsidiaries, affiliates, directors, officers, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, even if one or more of them has been advised of the possibility of such damages or loss.
Any claim arising out of or connected with the Services will be limited to the greater of $100 or the amount that you paid to access the Services.</p>
<p>
<b>VI.
Indemnification</b>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Geniee Inc |
",6.7 Where Publishercauses Geniee to sustain damages due to a breach ofthe Terms of Service, ,Geniee shall be entitled tooffset the amount of such damages against the payment amount as set ,forth inSection 6.1.,6.8 " |
|
PENDING |
docbot Bot |
| Geniee Inc |
",6.7 Where Publishercauses Geniee to sustain damages due to a breach ofthe Terms of Service, ,Geniee shall be entitled tooffset the amount of such damages against the payment amount as set ,forth inSection 6.1.,6.8 " |
|
PENDING |
docbot Bot |
| Criteo |
"For the avoidance of doubt, nothing in these Termsexcludes or limits either Party’s liability for fraud, gross negligence, ,death or personal injury or any other matter to the extent such exclusion or limitation would be unlawful.
Save for the ,indemnity in Section7above, to the maximum extent permitted by applicable law, each Parties’ liability under the Terms, for ,whatever cause, whether in contract or in tort, or otherwise, will be limited to general/direct money damages, namely, the ,amount which was foreseeable by Criteo at the time the Service was performed,and shall not exceed the total amount of fees ,actually receivedby Criteo from Client for the specific Service from which liability arises during the six (6) month period ,immediately preceding the event first giving rise to such liability, and if not yet in the sixth month, for the period leading up to ,such event.
,Client acknowledges and accepts the risk that third parties may generate impressions, clicks or other actions affecting the charges ,under the Termsfor fraudulent or improper purposes.
Criteo shall have no responsibility or liability to Client in connection with ,any third party click fraud or other improper actions that may occur.,9.Privacy:The Parties undertake to comply with their respective obligations under applicable laws and regulations, ,including,but not limited to, laws governing privacy and dataprotection." |
|
PENDING |
docbot Bot |
| Systweak Anti-Malware |
"ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF COMPANY OR ANY SUPPLIER, AND EVEN IF COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
</li>
<li> LIMITATION OF LIABILITY AND REMEDIES.
<p> Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Company and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Company with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on Software up to the amount actually paid by you for Software or US$5.00.
The foregoing limitations, exclusions and disclaimers (including Sections 14, 15 and 16) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
" |
|
PENDING |
docbot Bot |
| Great Wolf Resorts |
"Limitation of Liability</strong>
</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GREAT WOLF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, REPRESENTATIVES, AFFILIATES, AND SUPPLIERS (COLLECTIVELY, THE "GREAT WOLF PARTIES") BE LIABLE TO USER FOR DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, SPECIAL, PUNITIVE, DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY USER OR THIRD PARTIES, A FAILURE OF THE SITE TO OPERATE WITH ANY OTHER PROGRAMS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN ANY CASE, THE COLLECTIVE LIABILITY OF GREAT WOLF AND/OR GREAT WOLF PARTIES UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES USER PAID FOR THIS LICENSE (IF ANY).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO USER AND IN SUCH CASE GREAT WOLF’S LIABILITY AND THAT OF THE GREAT WOLF PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| ELDAMAR STUDIO |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| NQN |
"Upon termination, Your right to use the Service will cease immediately.</p>Limitation of Liability<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
In these states, each party's liability will be limited to the greatest extent permitted by law.</p>"AS IS" and "AS AVAILABLE" Disclaimer<p>The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.
" |
|
PENDING |
docbot Bot |
| Manna Drone Delivery |
"OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.</p>
<p></p>
<p></p>
<p></p>
<p></p>15.
" |
|
PENDING |
docbot Bot |
| OpenWeb |
"your User Content, (c) violation of these Terms of Service, (d) your violation of any applicable law or regulation and (e) your negligence or willful misconduct.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.</p> 12.
Limitation of Liability <p>IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING).
(II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES EXCEED THE AMOUNT YOU HAVE PAID US DURING THE NINETY (90) DAYS PRIOR TO YOUR CLAIM (IF ANY).</p> 13.
Governing Law and Jurisdiction <p>These Terms of Service shall be governed by and construed in accordance with the laws of the State of Israel.
Any claim relating to the Services or use of the Services will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles.
" |
|
PENDING |
docbot Bot |
| kraftheinzcompany |
"BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY'RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES.</p> DISCLAIMER <p>THE MATERIALS IN OUR SITES ARE PROVIDED “AS IS.” THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) KRAFT HEINZ DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES.</p>
<p>THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES...</p>
<ul>
<li>" |
|
PENDING |
docbot Bot |
| RedGIFs |
"THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF $100.00.
</p>
<p>
<strong>In other words: Our legal liability to you is limited.
" |
|
PENDING |
docbot Bot |
| 3ABN |
"OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF 3ABN OR A 3ABN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
IN NO EVENT SHALL 3ABN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.</p>
<p> Some jurisdictions do not allow the limitation or exclusion of liability.
" |
|
PENDING |
docbot Bot |
| Badgr |
"(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE.
(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE.
OR (e) ANY OTHER MATTER RELATING TO THE SITE.
IN NO EVENT SHALL THE CSKY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATING TO THESE TERMS EXCEED FIFTY US DOLLARS ($50.00) IN TOTAL.</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Wed Me Good |
"NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WEDMEGOOD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, PAID BY YOU TO WedMeGood FOR THE WedMeGood SERVICES DURING THE TERM OF YOUR USE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WedMeGood SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.<br> SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| NurseryCam |
"The SUPPLIER shall at the cost of the CLIENT pass on when called upon to do so by the CLIENT, so far as it is reasonably able, the benefit of all warranty contained in any contract for the supply of equipment to the SUPPLIER.
The total liability of the SUPPLIER to the CLIENT in respect of all claims pursuant from the Conditions shall be limited to the price as outlined in the initial invoice.
Notwithstanding anything to the contrary herein, the liability of the SUPPLIER to the CLIENT for:</p>
<i>
</i>
<p>Death or personal injury resulting from negligence of the PRODUCT and/or SERVICE</p>
<i>
</i>
<p>" |
|
PENDING |
docbot Bot |
| SecureVPN |
"DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR SecureVPN SOFTWARE, OR ANY OTHER INTERACTIONS WITH SecureVPN EVEN IF SecureVPN OR SecureVPN AUTHORIZED REPRESENTATIVE 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 SUCH CASES, SecureVPN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.</p>
<br>
<p>LIMITATION OF DAMAGES</p>
<br>
<p>IN NO EVENT WILL THE TOTAL LIABILITY OF SecureVPN OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR SecureVPN (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SecureVPN SOFTWARE AND SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.</p>
<br>
<p>BASIS OF THE BARGAIN</p>
" |
|
PENDING |
docbot Bot |
| Envoy |
"(iii) IN THE EVENT OF CUSTOMER’S UNAUTHORIZED USE, DISTRIBUTION OR DISCLOSURE OF ENVOY’S INTELLECTUAL PROPERTY.
OR (iv) CUSTOMER’S MATERIAL BREACH OF SECTION 9 (“CONFIDENTIALITY”), IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE SUBSCRIPTION FEES PAID TO ENVOY DURING SIX MONTHS PRIOR TO WHEN THE CLAIM ACCRUED.
</p>
<p>
10.2 IN NO EVENT SHALL ENVOY HAVE ANY LIABILITY TO CUSTOMER FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, " |
|
PENDING |
docbot Bot |
| Slashdot |
"You agree that SlashDot Media has no responsibility or liability for the deletion or failure to store any Project Web content and other communications maintained or transmitted through use of the Project Web service.
You further acknowledge that you are solely responsible for securing and backing up your applications and any Project Web content.</p>3.
Limitation of Liability<p>NEITHER SLASHDOT MEDIA NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES AND/OR CONTENT CONTAINED WITHIN THE SITES IS TO STOP USING THE SITES.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES.</p>4.
" |
|
PENDING |
docbot Bot |
| Ravelry |
"Section 10.
Limitation of Liability.
<p>RAVELRY WILL NOT BE LIABLE FOR LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, WHETHER ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL RAVELRY’S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU, TO RAVELRY DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM.</p> Section 11.
Force Majeure.
<p>" |
|
PENDING |
docbot Bot |
| Freedom |
"Limitation of liability
<p>
You expressly understand and agree that EPS and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, attorneys, partners, licensors and other representatives shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EPS has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service.
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service.
(iii) unauthorized access to or alteration of your transmissions or data.
(iv) statements or conduct of any third party on the service.
or (v) any other matter relating to the service.
Notwithstanding anything to the contrary contained herein, EPS maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the greater of (i) the amount paid, if any, by you to EPS for the service in the 12 months prior to the action giving rise to liability or (ii) $20.
</p>
" |
|
PENDING |
docbot Bot |
| BigCommerce |
"Aggregate Liability.</strong> BIGCOMMERCE AND ITS SUPPLIERS AND AFFILIATES WILL IN NO EVENT BE LIABLE IN AGGREGATE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY BIGCOMMERCE FROM YOU FOR THE SERVICES DURING THE 12-MONTH PERIOD BEFORE THE CLAIM OR CAUSE OF ACTION AROSE.
</li>
<li>
<strong>Multiple Claims.
Time Limits.</strong> MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
" |
|
PENDING |
docbot Bot |
| CDN77 |
"Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of the Supplier and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by the Customer for 3 months of service.</li>
<li>No party shall be liable to the other for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control (force majeure) including, without limitation, any of the following: act of God, governmental act, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, flood, explosion, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
" |
|
PENDING |
docbot Bot |
| Shortcut Software Company |
"ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
TO THE EXTENT THAT SHORTCUT MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.</p>LIMITATION OF LIABILITY<p>IN NO EVENT WILL SHORTCUT BE LIABLE TO SUBSCRIBER OR ANY OTHER PARTY, INCLUDING, WITHOUT LIMITATION, ANY AUTHORIZED USER, FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS) ARISING FROM OR RELATING TO THE SHORTCUT PROPERTY OR OTHERWISE RELATING TO THESE TERMS OF SERVICE, REGARDLESS OF WHETHER SHORTCUT WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.
SHORTCUT'S AGGREGATE LIABILITY FOR DIRECT DAMAGES UNDER THESE TERMS OF SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY SUBSCRIBER HEREUNDER DURING THE SIX (6) MONTHS " |
|
PENDING |
docbot Bot |
| Mushroom.gg |
"OR FOR (ii) ANY INJURY CAUSED BY A MUSHROOM PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
</li>
<li>Cap on Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, MUSHROOM PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED U.S.
DOLLARS ($100); OR THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A MUSHROOM PARTY " |
|
PENDING |
docbot Bot |
| Fill It Forward |
"OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FILL IT FORWARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FILL IT FORWARD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FILL IT FORWARD FOR THE FILL IT FORWARD SERVICES DURING THE TERM OF MEMBERSHIP.</p>Governing Law and Disputes<p>These Terms &.
Conditions and any dispute about or involving the Services shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to conflict of law provisions.
You agree that any action at law or in equity arising out of or relating to your use of the Services or these Terms &.
" |
|
PENDING |
docbot Bot |
| WarBOT.dev |
"The arbitration shall be conducted by a single, neutral arbitrator.
Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.
" |
|
PENDING |
docbot Bot |
| Webnovel |
"SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION</p>
</li>
<li>
<p>
<i>17.</i>
<strong>Limitation of Liability</strong>
</p>
<p>IN NO EVENT WILL THE WEBNOVEL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY WEBNOVEL ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.</p>
<p>EXCEPT AS PROVIDED IN SECTION 20.4(iii), THE AGGREGATE LIABILITY OF THE WEBNOVEL ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO WEBNOVEL FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM.
" |
|
PENDING |
docbot Bot |
| Paceline |
"COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICE. .
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $100.</p>
<p>
<b>" |
|
PENDING |
docbot Bot |
| Loky Swiss Encrypted Search Engine |
"SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) AND EVEN IF 7thSense Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTHWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, BECAUSE THE 7thSense Media SERVICE IS FREE, IN NO EVENT WILL 7thSense Media'S AGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE WEBSITE, AND THE SERVICES EXCEED US$1.
" |
|
PENDING |
docbot Bot |
| Loky Swiss Encrypted Search Engine |
"SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) AND EVEN IF 7thSense Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTHWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, BECAUSE THE 7thSense Media SERVICE IS FREE, IN NO EVENT WILL 7thSense Media'S AGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE WEBSITE, AND THE SERVICES EXCEED US$1.
" |
|
PENDING |
docbot Bot |
| Leetify |
"4.
statements or conduct of any third party on the Leetify service.
or</p>
<p>5.
any other matter relating to the Leetify service.
In no event shall Leetify's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.</p>9.
Indemnification<p>You agree to indemnify, defend and hold harmless Leetify and its officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the Leetify service, your violation of the terms of use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
" |
|
PENDING |
docbot Bot |
| Skydance |
"OR THEFT OR DESTRUCTION OF THE WEBSITE).</em>
</p>
<p>
<em>YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR LINKED WEBSITE, AS APPLICABLE.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF SKYDANCE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY LINKED WEBSITE SHALL BE $100.</em>
</p> Waiver Of Unknown Claims.
<p>
" |
|
PENDING |
docbot Bot |
| Australian Red Cross Lifeblood |
"or <br>
(ii) the payment of the cost of having the services supplied again. <br>
15.4 Lifeblood will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Online Self Service, the Lifeblood Content, all links to or from the Online Self Service or the products and services made available through the Online Self Service. <br>
15.5 Subject to this clause 15, the maximum aggregate liability of Lifeblood for all proven losses, damages and claims arising out of or in connection with this these Terms, the Online Self Service or the Lifeblood Content, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100. </p>
<p> 16. Indemnity <br>
16.1  " |
|
PENDING |
docbot Bot |
| Vercel |
"</small>
<small>
<strong>18.1.
Limit of Liability and Waiver of Consequential Damages.
</strong>EXCEPT FOR YOUR BREACH OF SECTIONS 9, 14, AND 15, OR YOUR BREACH OF ANY REPRESENTATIONS OR WARRANTIES OR YOUR INDEMNITY OBLIGATIONS, NEITHER PARTY NOR ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS.
(B) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
OR (C) FOR ANY DIRECT DAMAGES, COSTS, LOSSES, OF LIABILITIES IN AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES PAID BY YOU TO VERCEL FOR THE SERVICES UNDER THIS AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER THIS AGREEMENT.</small>
<small>
<strong>18.2.
" |
|
PENDING |
docbot Bot |
| Jsbin |
"<ol>
<li>for death or personal injury caused by JS Bin’s negligence.
or</li>
<li>for fraud or fraudulent misrepresentation.</li>
</ol> 11.6.
<p>Subject to clause 11.3 and clause 11.4:</p>
<ol>
<li>JS Bin shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms.
and </li>
<li>Subject the other provisions of this clause JS Bin's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall in no circumstances exceed the total of any Fees paid for the User Subscriptions during the 12 months immediately preceding the date on which the claim arose.</li>
</ol>
<p>In other words,</p>
<p>JS Bin is not liable for misuse of the service.
" |
|
PENDING |
docbot Bot |
| BuySellAds |
"CONNECTED WITH THE USE OF Company'S SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH Company, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Company AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.</p>
LIMITATION OF LIABILITY
<p>IN NO EVENT SHALL Company OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
Company'S LIABILITY, AND THE LIABILITY OF Company'S SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED UP TO THE GREATER OF: (I) THE AMOUNT OF THE TOTAL FEES PAID BY YOU TO Company DURING THE MOST RECENT TWELVE MONTH PERIOD AND (II) THE AMOUNT PAID TO YOU IN COMMISSIONS DURING THE MOST RECENT TWELVE MONTH PERIOD.
" |
|
PENDING |
docbot Bot |
| Sift |
"CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER SIMILAR DAMAGES OR LOSSES, EVEN IF SUCH PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL SIFT BE LIABLE TO CUSTOMER FOR ANY DAMAGES, COSTS, OR LIABILITIES IN AGGREGATE IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER IN THE TWELVE MONTH PERIOD PRIOR TO THE CUSTOMER’S INITIAL CLAIM.
</p>
<p>THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
</p>11.
Term and Termination.<p>11.1 <em>Term and Termination</em>.
" |
|
PENDING |
docbot Bot |
| Datadog |
"DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE.
AND (b) IN NO EVENT SHALL DATADOG'S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S.
DOLLARS.
THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.</p>
</li>
<li>" |
|
PENDING |
docbot Bot |
| Grey Arrows Drone Club |
"Limitation of Liability <p>In no event will Grey Arrows, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to Grey Arrows under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| WePay |
"NEITHER WEPAY NOR THE BANK WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.</p>32.
Our and the Bank's Liability
<p>Under no circumstances will our and the Bank’s financial liabilities arising out of or related to this Agreement exceed the total fees paid to us under this Agreement (net of Card Network and other third party fees such as interchange, assessments, and Payment Network Liabilities) for the six months prior to the time the liability arose.<br>
<br>WePay and the Bank are only liable for reasonably foreseeable damages directly caused by an act that is within our or the Bank’s respective direct control and are not responsible for your actions, inactions, omissions, delays or failures, or those of third parties.<br>
<br>WePay and the Bank are not liable for any claim of negligence if we and the Bank follow our respective procedures, which you agree constitute our exercise of good faith and ordinary care.<br>
<br>WePay and the Bank are not liable for any fraud or forgery, other than by each of us.<br>
<br>Neither WePay nor the Bank guarantees (a) the security, sequence, timeliness, accuracy or completeness of any service, data or technology, or (b) access to any service or technology.</p>" |
|
PENDING |
docbot Bot |
| YourAdChoices |
"OR WITH THE DELAY OR INABILITY TO USE THE DAA SOLUTION, EVEN IF DAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF DAA FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE DAA SOLUTION AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE DAA SOLUTION WHATSOEVER FOR AN AMOUNT NOT EXCEEDING THE TOTAL AMOUNT PAID BY YOU TO DAA DURING THE PAST SIX MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE DAA SOLUTION.</li>
<li>
<b>INDEMNIFICATION</b>.
" |
|
PENDING |
docbot Bot |
| Marco Polo |
"OR (G) LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, DEATH, PERSONAL INJURY, OR COMPUTER FAILURE OR MALFUNCTION.
THE JOYA COMMUNICATIONS INC.
PARTIES SHALL NOT BE LIABLE FOR THE FOREGOING LOSSES OR DAMAGES (X) EVEN IF FORESEEABLE OR EVEN IF THE JOYA COMMUNICATIONS INC.
PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (Y) WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).</p>
<p>b.
State Requirements.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.</p>
<p>c.
Monetary Limitation.
IN NO EVENT WILL THE JOYA COMMUNICATIONS INC.
PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).</p>
<p>d.
No Injunctions.
" |
|
PENDING |
docbot Bot |
| ArvanCloud |
"11.
Liability of ArvanCloud <p> 11.1.
The legal liability of ArvanCloud for imputable faults in the frame of the implementation of the agreement is restricted to the compensation of direct damage suffered by the Customer up to a maximum amount equalling the compensation established in the agreement in question.
If the agreement has a term exceeding one year, the established compensation will equal the sum total of compensations established for the ongoing year at the time the fault occurs.
In no case will the total compensation for direct damage exceed € 250,- and – if the damage is of physical or material nature – € 250,- per event, whereby a series of events will be considered one event.
</p>
<p> 11.2.
" |
|
PENDING |
docbot Bot |
| Trumpet Ratings |
"YOU AGREE THAT IN NO EVENT WILL SMG OR ANY THIRD PARTIES REFERENCED ON ANY OF THE SMG SERVICES BE LIABLE (<u>A</u>) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER TYPE OF DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE SMG SERVICES AND THEIR CONTENT, WHETHER BASED IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), OR ANY OTHER LEGAL THEORY EVEN IF SMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (<u>B</u>) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF SMG SERVICES.
THIS DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
</p>
<p> IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 7 IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, SMG’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO $1,000.
</p>
<p>
<strong> " |
|
PENDING |
docbot Bot |
| LambdaGeneration Community |
"Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your Account, You may simply discontinue using the Service.</p> Limitation of Liability <p>Notwithstanding any damages that You might incur, the entire liability of The Organization and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall The Organization or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if The Organization or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| KeyCDN |
"Notwithstanding anything to the contrary in this Agreement, KeyCDN's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims regardless of the legal theory or the nature of the cause of action shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the twelve (12) month period prior to the date the cause of action arose or the injury or loss occurred.
- Customer understands, acknowledges and agrees that if KeyCDN takes any corrective action under this Agreement because of an action of Customer or one its Customers that corrective action may adversely affect other Customers of Customer or other Reseller Customers, and Customer agrees that KeyCDN shall have no liability to Customer, any of its Customers or any Reseller Customer due to such corrective action by KeyCDN.
- This limitation of liability reflects an informed and voluntary allocation of risks between the parties and applies to risks both know and unknown that may exist in connection with this Agreement.
The terms of this section shall survive any termination of this Agreement.</p>Prohibited Uses and Activities<p>KeyCDN may immediately take corrective action, including removal of all or a portion of the Customer's content, disconnection or discontinuance of any Services if Customer, or anyone accessing Customer's account or server space, engages in any of the prohibited Uses.
" |
|
PENDING |
docbot Bot |
| UK WHOIS Lookup |
"Our total liability under this agreement (except for personal injury or death) shall not exceed the price paid.</li>
</ol>
</li>
<li>" |
|
PENDING |
docbot Bot |
| Tactical Digital Supply Sale |
"ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.</p>
<p>(f) LIMITATION OF LIABILITY.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.</p> Force Majeure <p>You acknowledge and understand that if the Web Site is unable to provide the Products as a result of a force majeure event the Website will not be in breach of any of its obligations towards You under these Terms of Service.
A force majeure event means any event beyond the control of the Website.
" |
|
PENDING |
docbot Bot |
| Biggly |
"The Services may provide integration with third-party services.
You acknowledge that: (i) Bigg.ly is not responsible for any acts or omissions of such third-party services.
(ii) that Bigg.ly is not an agent of such third-party services.
and (iii) your use of those services is subject to any applicable terms and conditions between you and the providers of such services.</li>
<li>Bigg.ly is not liable for any damage or personal injury resulting from any use of the Services, including any (temporary) unavailability or (accidental) removal of your Content or account.
The limitation of liability referred to in this clause shall not apply if the liability for damage is caused by intent or gross negligence on the part of Bigg.ly.
In the event Bigg.ly is liable for damage under mandatory law, Bigg.ly’s aggregate liability to you for any and all claims arising out of or in connection with the use of the Services will in no event exceed the amount of one hundred dollars ($100) per incident.</li>
</ol>
</ol>
<p> </p>3.
Applicable law and Jurisdiction<ol>
<ol>
<li>These Terms and any non-contractual obligations arising out of or in connection with it will be governed by and construed and interpreted in accordance with American law.
These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.</li>
<li>" |
|
PENDING |
docbot Bot |
| JavaPipe |
"OR (9) APPLICATION OF THE DISPUTE POLICY.
YOU ALSO AGREE THAT NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00 US Dollars).
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.</p>INDEMNITY:<p>" |
|
PENDING |
docbot Bot |
| FamilyWall |
"To the maximum extent permitted by applicable law, Family &.
Co’s and its suppliers’ maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injury, property damage and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, the Service, Linked Services, Family &.
Co Content, Third Party Materials, Services or your use of the Service will be to recover the actual damages you incur based upon reasonable reliance on the Service up to five Euros (5.00€).
" |
|
PENDING |
docbot Bot |
| blomp |
"Blomp AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.</p>
<p>OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU’VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH Blomp.</p>
<p>Resolving Disputes</p>
<p>" |
|
PENDING |
docbot Bot |
| ShopSavvy |
"ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.<br>
<br>
<strong>LIMITATIONS OF LIABILITY</strong>
<br>IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH " |
|
PENDING |
docbot Bot |
| Hurricane Electric Tunnelbroker |
"Hurricane shall restore
Service at such time as it reasonably deems that there is no further
harm or threat of harm to the Network or its operations.
<li>Damage to Customer Business</li> In no event will Hurricane be liable for any incidental, punitive, indirect, or consequential damages (including without limitation any lost revenue or lost profits) or for any loss of technology, loss of data, or interruption or loss of use of Service or any other similar claims by Customer or related to Customer's business, even if Hurricane is advised of the possibility of such damages.
Hurricane will not be liable for any damages or expenses incurred by Customer as a result of any deficiency, error, or defect in Hurricane's service whether due to equipment, hardware, software, or Hurricane's failure to correct the same.
<li>Maximum Liability</li> Notwithstanding anything to the contrary in this Agreement, Hurricane's maximum aggregate liability to Customer related to or in connection with this Agreement whether under theory of contract, tort (including negligence), strict liability or otherwise will be limited to the total amount paid by Customer to Hurricane for one month’s service for the particular service in question.
<li>" |
|
PENDING |
docbot Bot |
| ProjectionLab |
"Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your Account, You may simply discontinue using the Service.</p>
Limitation of Liability
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| MatchSeniors |
"AFFILIATION, PARTNERSHIP, OR ENDORSEMENT.
OWNER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
</p>
<p> OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
</p>
<p> By providing THE SERVICES on the site, owner does not in any way promise that the SERVICEs will remain available to you.
owner is entitled to terminate all or part of any of the site at any time, in its sole discretion without notice to you.
</p> Limitation of Liability <p> THE LIABILITY OF OWNER AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF THE USER'S USE OF THE SITE, OR THE RENDITION OF SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE NET TOTAL COST TO YOU (EXCLUDING TAXES) FOR SUCH SERVICES PROVIDED TO YOU BY OWNER FOR THE THREE MONTHS PRIOR TO THE ACTIVITY OR ACTION UPON WHICH SUCH CLAIM IS BASED.
</p>
<p> " |
|
PENDING |
docbot Bot |
| Nabu Casa |
"Neither Nabu Casa, Inc.
nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
If you’re actually reading this, here’s a treat.
You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.</p>
14.
Limitation of Liability
<p>In no event will Nabu Casa, Inc., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to Nabu Casa, Inc.
under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Iron |
"Iron.io does not warrant that Iron.io Services will meet your expectations or requirements or that the service will be uninterrupted, timely, or error-free including any errors or omissions in the provision of Iron.io Services.</p>
<strong>Limitations of Liability</strong>
<p>IN NO EVENT SHALL IRON.IO BE LIABLE TO YOU FOR ANY LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OF DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS.
YOU FURTHER WAIVE ANY CLAIM CONCERNING PERFORMANCE OR NONPERFORMANCE BY IRON.IO PURSUANT TO OR IN ANY OTHER WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, OR FOR DAMAGES FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND INFRINGEMENT.
IN THE EVENT A COURT DISALLOWS THE EXTENT OF SUCH WAIVER, YOUR SOLE REMEDY SHALL BE THE ACTUAL DAMAGES UP TO THE AMOUNT ACTUALLY PAID BY YOU TO IRON.IO FOR THE IRON.IO SERVICE OR ITEM DURING THE THREE (3) MONTH PERIOD PRIOR TO THE DATE ON WHICH THE CLAIM AROSE FOR THE IRON.IO SERVICE.</p>
<strong>Exclusions and Limitations</strong>
<p>The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this terms and conditions.
" |
|
PENDING |
docbot Bot |
| Extreme Discount Depot |
"ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.</p>
<p>(f) LIMITATION OF LIABILITY.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.</p>
Force Majeure
<p>You acknowledge and understand that if the Web Site is unable to provide the Products as a result of a force majeure event the Website will not be in breach of any of its obligations towards You under these Terms of Service.
A force majeure event means any event beyond the control of the Website.
THE WEBSITE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.</p>
Domestic Use.
Export Restriction
<p>" |
|
PENDING |
docbot Bot |
| AnyBook |
"Save as provided expressly in our Privacy Policy, Anybook does not make any representations, whether express or implied, in connection with the Content security or in connection with your activities in the Services.
<br>14. <strong>Limitation of liability</strong>.
<br>14.1. Subject to the applicable law, Anybook shall not be held liable for any direct, indirect, special, consequential or casual damage of any kind, or for the loss of data, revenues or profits stemming from your use of the Services or the inability to use the Services, even if Anybook is aware of the possible damages or loss.
<br>14.2. The aggregate liability of Anybook for any damage caused in accordance with these Terms or in consequence of your use, or the inability to use the Services shall not exceed, under any circumstances, the total amount of the payments that you paid to Anybook in connection with the use of the Services in the three (3) months that preceded such claim.
" |
|
PENDING |
docbot Bot |
| Beem It |
"To the extent permitted by law,Digital Wallet’s maximum liability whether in contract, equity, statute or tort (includingnegligence), to you will be limited in the aggregate to $100 or if required by law, resupply ofthe services or the cost of having the services supplied again.6.10.Making a complaintWe try to get things right the first time — but if we do not, we will do what we can to fix it.
" |
|
PENDING |
docbot Bot |
| Railway |
"ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE RAILWAY PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO RAILWAY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.
" |
|
PENDING |
docbot Bot |
| Knowledgehook |
"Limitation and Liability <p> TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL KNOWLEDGEHOOK OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO KNOWLEDGEHOOK HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
(II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
(III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
OR (IV) FOR ANY MATTER " |
|
PENDING |
docbot Bot |
| Tinode |
"NEITHER TINODE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TINODE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</li>
<li>IN NO EVENT WILL TINODE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO TINODE FOR USE OF THE SERVICES OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TINODE, AS APPLICABLE.</li>
<li>THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TINODE AND YOU.</li>
</ol> General Terms.
" |
|
PENDING |
docbot Bot |
| Matterport |
"SHALL MATTERPORT OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES, EVEN IF MATTERPORT OR A MATTERPORT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AND (B) THE AGGREGATE LIABILITY OF MATTERPORT AND ITS AFFILIATES OR LICENSORS TO YOU SHALL NOT EXCEED THE LESSER OF THE TOTAL AMOUNTS PAID BY YOU TO MATTERPORT OVER THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S), OR $500.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
" |
|
PENDING |
docbot Bot |
| Connected Caregiver |
"THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.</p>
<ol>
<li>
<u>Limitation of Liability.</u>TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CONNECTED CAREGIVER, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE A DEVICE, THE DEVICE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE FOREGOING, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Connected Caregiver’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (US$250.00).
The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.</li>
<li>
<u>Indemnification.</u>" |
|
PENDING |
docbot Bot |
| PRO DRIVER UPDATE |
"LLC SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE OF THE SERVICES CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL.
IN NO EVENT SHALL RAINMAKER SOFTWARE GROUP, LLC BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF GOODWILL OR OPPORTUNITY) WHETHER OR NOT RAINMAKER SOFTWARE GROUP, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
RAINMAKER SOFTWARE GROUP, LLC SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SOFTWARE OR TECHNOLOGY.
IN ANY EVENT, RAINMAKER SOFTWARE GROUP, LLC ‘S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IS YOUR RIGHT TO DISCONTINUE USE OF THE SERVICES.
IN NO EVENT SHALL RAINMAKER SOFTWARE GROUP, LLC’S LIABILITY TO YOU EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO RAINMAKER SOFTWARE GROUP, LLC FOR THE SERVICES IN DISPUTE DURING THE ONE YEAR PRECEDING THE CLAIM, WHICHEVER IS LESS.
NO ACTION, REGARDLESS OF FORM, ARISING FROM, BASED ON OR RELATED TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE EVENT WHICH GIVES RISE TO THE APPLICABLE CAUSE OF ACTION.
YOUR RIGHTS MAY VARY FROM STATE TO STATE, AND SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THIS AGREEMENT.
" |
|
PENDING |
docbot Bot |
| Draw of the month |
"(B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), BUT " |
|
PENDING |
docbot Bot |
| Flipboard |
"The maximum liability of Flipboard to you for our services is $100.</em>
</p>
<strong>" |
|
PENDING |
docbot Bot |
| Sunsama |
"REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SUMMAY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO SUMMAY FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
Some states do not allow the types of limitations in this paragraph, so they may not apply to you.</p>
<p>
<br>
</p>15.
Force Majeure<p>SUMMAY WILL NOT BE LIABLE FOR FAILURE OR DELAY IN PERFORMANCE TO THE EXTENT CAUSED BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF OUR SERVICES.</p>
<p>
" |
|
PENDING |
docbot Bot |
| TipTree.io |
"> OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A<br> THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE<br> APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A<br> PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU<br> AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE<br> PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU<br> SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.<strong>LIMITATIONS OF LIABILITY</strong>IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE<br> AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Coding Rooms |
"Limitation Of Liability<p>In no event shall EXL, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service.
(ii) any conduct or content of any third party on the Service.
(iii) any content obtained from the Service.
and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
EXL’s total, cumulative liability for any claim, loss or damage arising out of or relating to these terms shall be one hundred dollars ($100.00 USD).</p>
<p>NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (X) DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS.
" |
|
PENDING |
docbot Bot |
| Nec Formula Help |
"This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts.
You hereby release Company and its Third Party Service Providers from any and all obligations, liabilities and claims in excess of the limitations stated herein.
If applicable law does not permit such limitations, the maximum liability of Company to you under any and all circumstances will be three hundred dollars ($300.00).
" |
|
PENDING |
docbot Bot |
| Descript |
"15.
Limitation of Liability<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF DATA, LOST REVENUES, LOST BUSINESS OPPORTUNITIES OR OTHER ECONOMIC ADVANTAGE, FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE OPERATION, USE OF, OR INABILITY TO USE THE DESCRIPT SERVICE, EVEN IF WE HAVE BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
AND (B) IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS, DESCRIPT OR ANY OF OUR ACTIONS IN CONNECTION THEREWITH, OR YOUR USE OF OR INABILITY TO USE THE DESCRIPT SERVICE, EXCEED THE GREATER OF $10.00 OR THE COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE DESCRIPT SERVICE.
THE LIMITATIONS SET FORTH IN THIS SECTION 16 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF US OR THE OTHER COMPANY PARTIES OR " |
|
PENDING |
docbot Bot |
| Salad |
"IN NO EVENT SHALL SALAD TECH BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00.
YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THESE LIMITATIONS OF LIABILITY, WE WOULD NOT PROVIDE THE PLATFORM TO YOU.<br></li>
<li>SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, " |
|
PENDING |
docbot Bot |
| VG Insights |
"This might be due to mis-tagging or mis-reporting of data and VG Insights will adjust and fix the issues when highlighted to us.
</p>Limitation of liability<p> VG Insights hereby declines any and all liability for damage, consequential loss and/or indirect loss owing to the use of VG Insights’ data and services.
VG Insights’ liability will, in any event, be capped at the amount it has received from a client in the six months preceding a claim.
</p>" |
|
PENDING |
docbot Bot |
| Vectary |
"CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR ANY SERVICES OR SUPPORT SERVICES PROVIDED HEREIN, UNDER ANY LEGAL THEORY, INCLUDING LOSS OF DATA, LOSS OF THE USE OR PERFORMANCE OF ANY PRODUCTS OR SERVICES, LOSS OF REVENUES, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, EVEN IF VECTARY KNOWS OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL VECTARY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY VECTARY FROM YOU UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING SUCH CLAIM.
" |
|
PENDING |
docbot Bot |
| smartdnsproxy |
"Accordingly, you understand and agree that all characterizations of the Services that do not expressly originate from the Website should not, and cannot, be relied upon as accurate characterizations of the nature and scope of the Services, and that we do not endorse any message regarding, or characterization of, the Services that has not originally been posted by us to this Website.</p>
<p>Notwithstanding anything herein, as a condition of your use, and/or your continuing use, of the Services, you understand and agree that in no event shall the total liability of B1 Secure sp z o.o - including its employees, assigns, affiliates, agents, commercial associates, merchants or licensors - for all damages, losses, and causes of action, whether in contract, in tort, or otherwise, either jointly or severally, exceed the aggregate dollar amount of the unused portion of your subscription, prorated annually, as dated from the time you file any claim for damages (if you are on the annual subscription plan), or exceed the aggregate dollar amount paid by you to us in the thirty (30) days prior to the date of any claimed injury or damage (if you are on the monthly subscription plan).</p>
<p>
</p>Arbitration Clause
<p>Notwithstanding anything herein, you agree that in the event of any legal dispute you have with us regarding the interpretation of these terms herein, and in the event of any legal dispute you have with us pertaining to your use of the Services, you will forego litigation and take the matter to binding arbitration should you choose to proceed with your dispute, pursuant to the applicable laws of the Arbitration Act, under the jurisdiction of the Province of Ontario, Canada.
" |
|
PENDING |
docbot Bot |
| VIEWFULE |
"Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.</p>
<p>The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions.
We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.</p>
<p>
<strong>LIMITATIONS OF LIABILITY</strong>
</p>
<p>IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Omnivore |
"Limits on Liability</p>
<p>The operator will not be liable to you for breach-of-contract damages operator personnel could not have reasonably foreseen when you agreed to these terms.</p>
<p>As far as the law allows, the operator’s total liability to you for claims of any kind that are related to the website or its content will be limited to $50.</p>
<p>" |
|
PENDING |
docbot Bot |
| VMock |
"The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or can be accessed by calling the AAA at 1-800-778-7879.
The arbitration shall be conducted by a single, neutral arbitrator.
Any claims or disputes where the total amount of the award sought is less than [Ten Thousand U.S.
Dollars (US $10,000.00)] " |
|
PENDING |
docbot Bot |
| Voices |
"User agrees to comply with any policies and terms of a Third Party Contractor that are applicable to User and of which Voices provides User with notice.</li>
</ol>
<ol>
<li>
<strong>
<u>Limitations.</u>
</strong>
</li>
</ol>
<p>(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VOICES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY OR FOR ANY OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, LOSS OF, OR DAMAGE TO, REPUTATION, INDIRECTLY ARISING OUT OF OR RELATED TO THE SITE OR SERVICES, ANY CONTENT OR WORK PRODUCT, WHETHER OR NOT SUCH DAMAGES COULD REASONABLY BE FORESEEN OR THEIR LIKELIHOOD HAS BEEN DISCLOSED TO VOICES.
IN NO EVENT SHALL VOICES’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT AND ANY SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE FEES PAID BY THE USER FOR THE SERVICES DURING THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON " |
|
PENDING |
docbot Bot |
| Casa |
"Limitation of Liability<br>
<strong>TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES OR PRODUCTS (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) AS APPLICABLE, (1) fees paid to us for the particular Services during the immediately previous three (3) month period or (2) AMOUNTS paid to us for products purchased through the services that constitute the subject matter of the claim, or (B) $500.00.<br>
</strong>
<strong>18.
ARBITRATION CLAUSE &.
" |
|
PENDING |
docbot Bot |
| Yostar |
"and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party.
In no event shall Yostar, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Yostar hereunder or $100.00, whichever is greater.
</p>
<p> This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Yostar has been advised of the possibility of such damage.
" |
|
PENDING |
docbot Bot |
| BulletVPN |
"The mere purpose of asking for such verification is the fact that we need to keep fraudsters away and because we believe you are a genuine customer, you will have no issues in choosing from one of the options offered to you e.g.
Send us a blank email from a non-free email address, Send us any NON-CONFIDENTIAL Document, etc.</p>
<strong>Limited Liability</strong>
<p>BulletVPN shall not be liable under any circumstances for any special, consequential, incidental, or punitive damages arising out of or in any way connected with this Agreement and/or any services and products that you may choose to purchase or use, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties.
This limited liability clause shall apply even if BulletVPN has been notified of the possibility of any claims.
In no event shall BulletVPN’s maximum liability exceed the total amount paid by you for the service or the product.</p>
<strong>Important Note</strong>
<p>At times, there are changes and amendments to BulletVPN’s Terms and Conditions.
BulletVPN has all the rights to modify and alter Terms and Conditions, whenever it is necessary and required by BulletVPN.
" |
|
PENDING |
docbot Bot |
| Call Control |
"IV.
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.</p>
<p>B.
LIMITATION OF LIABILITY<br>
I.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (1) THE AMOUNT PAID, IF ANY, BY YOU TO US IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION " |
|
PENDING |
docbot Bot |
| Noviclick |
"You acknowledge that every case of violation of the terms of this Agreement will lead to material and business standing losses of noviclick in the amount of at least US $ 1,000.
Therefore, we reserve the right to recover damages caused in the specified amount, or the amount of actually incurred losses, in the event of your breach of contract.
" |
|
PENDING |
docbot Bot |
| Major League Soccer |
"YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK.</p>
<p>UNDER NO CIRCUMSTANCES WILL WE, SUM, MEMBER CLUB OPERATORS, OUR VENDOR'S, NOR ANY OF THEIR AFFILIATES BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE OR SERVICES, OR THE USE OR INABILITY TO USE THE SITE OR SERVICES OR ANY CONTENT THEREIN.
IN NO EVENT SHALL OUR OR OUR VENDOR'S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SITE AND SERVICES EXCEED THE TOTAL CASH AMOUNT PAID BY YOU FOR ACCESSING THE SITE AND SERVICES, IF ANY.</p>
<p>Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor.
" |
|
PENDING |
docbot Bot |
| My1Page |
" .
Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief." |
|
PENDING |
docbot Bot |
| Nexstar Media Group |
"In the event Nexstar is unable to provide a Makegood, Nexstar may provide a credit not to exceed the amount paid by Client for such preempted Advertisement.
Such credit shall be Client’s sole remedy for any preemption not made good.</p>
<p>6.
Program Substitutions.
" |
|
PENDING |
docbot Bot |
| PeepLookup |
"TO THE EXTENT peeplookup.com MAY BE FOUND BY A COURT OF comPETENT JURISDICTION TO BE LIABLE IN ANY WAY, THE FULL EXTENT OF SUCH LIABILITY WILL BE LIMITED TO AN AMOUNT EQUAL TO THE DIRECT PAYMENTS MADE BY YOU TO peeplookup.com.</p>
<p>Without limiting the above disclaimer and limitation of liability, peeplookup.com specifically does not warrant that:</p>
<p>" |
|
PENDING |
docbot Bot |
| Points Reward Plus |
"The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if ReleasedParties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the program).</p>
<p>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.</p>
<p>
<strong>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RELEASED PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE PROGRAM AND YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID SPONSOR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY SPONSOR OR " |
|
PENDING |
docbot Bot |
| POWR |
"11.3.
Limitation of Liability.</b> TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF POWR, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO POWR FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
AND (B) US$25.00.</p>
<p>
<b>11.4.
Consumers.</b> We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers.
" |
|
PENDING |
docbot Bot |
| SmartPass |
"IN NO EVENT SHALL THE USER BE ENTITLED TO DAMAGES THAT EXCEED THE AMOUNT ACTUALLY PAID BY THE USER TO THE LICENSOR PURSUANT TO THIS AGREEMENT DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
</strong>
<strong>THE USER ACKNOWLEDGES THAT THE PROPER FUNCTIONING OF THE SERVICES AND THE SITE DEPEND UPON MANY FACTORS BEYOND THE CONTROL OF LICENSOR.
</strong>
" |
|
PENDING |
docbot Bot |
| Linkfire |
"LINKFIRE, ITS AFFILIATES AND LICENSORS HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT AND INFORMATION CONTENT.</p>
<p>9.2.
DISCLAIMER OF DAMAGES.
EXCEPT FOR A BREACH OF SECTION 4.3 AND EACH PARTY’S RESPONSIBILITIES IN SECTION 8, NEITHER PARTY OR ITS AFFILIATES ARE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, AND DAMAGE TO, OR LOSS OF USE OF, DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IRRESPECTIVE OF ANY NEGLIGENCE OF A PARTY OR WHETHER SUCH DAMAGES RESULT FROM A CLAIM ARISING UNDER TORT OR CONTRACT LAW.</p>
<p>9.3.
LIMITS ON LIABILITY.
EXCEPT FOR A BREACH OF SECTION 8, LINKFIRE AND ITS AFFILIATES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER PURSUANT TO THE COMMERCIAL SCHEDULES GIVING RISE TO LIABILITY.</p>
<p>
<strong>10. Indemnification</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Taboola |
"NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, YOUR USE OF THE SITES OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED FIVE US DOLLARS (US $5.00).</p> 6.
Indemnity <p>To the fullest extent permissible pursuant to applicable law, you agree that you will defend, indemnify, and hold harmless Taboola, its parent, subsidiary and affiliated companies, each of the foregoing entities’ respective .
" |
|
PENDING |
docbot Bot |
| StimuliRX CBD Gummies |
"Notwithstanding this disclaimer, if we are found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then our liability will in no event exceed, in total, the sum of $100.00.
</p> Content Disclaimer <p> The information on the web site is intended solely as a general educational aid.
It's not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts.
Always see the advice of your physician or other qualified healthcare provider regarding any medical condition before using the Product.
</p> Disclaimer of Warranties With Respect to Use of Web Site <p> We make no warranty of any kind regarding the web site, the trial offer, the recurring shipping program, or any product or service available on this web site, each of which is provided on an "as is" and "as available" basis.
We expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
" |
|
PENDING |
docbot Bot |
| Taboola |
"NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED FIVE US DOLLARS (US $5.00).</p> 7.
Indemnity <p>To the fullest extent permissible pursuant to applicable law, you agree that you will defend, indemnify and hold harmless Taboola, its parent, subsidiary, and affiliated companies, each of the foregoing entities’ respective .
" |
|
PENDING |
docbot Bot |
| Runbox |
"Neither you nor Runbox Solutions shall be be liable for any indirect, incidental, special, or consequential loss as a result of breach of provisions of this Agreement, including inter alia lost profit, lost anticipated savings, losses as result of delay or disruption of production or operation, loss of data, or third party claims.</p>
<p>9.3.
Runbox Solutions’ total accumulated liability to you is further limited to a sum equal to a 1-year subscription at the time your subscription was initiated or last renewed.</p> 10.
" |
|
PENDING |
docbot Bot |
| RoPro |
"WITHOUT LIMITING THE FOREGOING, ROPRO AND ITS LICENSORS AND ITS SUPPLIERS DO NOT WARRANT THAT THE OPERATION OF THE SITE, SERVICES AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE.
</p>
Limitation of liability
<p>
IN NO EVENT SHALL ROPRO BE LIABLE WITH RESPECT TO THE SITE, SERVICES AND/ OR SOFTWARE FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES YOU HAVE ACTUALLY PAID TO ROPRO DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY.
(II) ANY LOST PROFITS, LOST OR DAMAGED USER CONTENT OR OTHER DATA, OR FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE.
OR (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
" |
|
PENDING |
docbot Bot |
| Copilot |
"AND (B) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE SERVICE.
(2) THE AGGREGATE LIABILITY OF THE COPILOT PARTIES FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND NOT TO EXCEED THE GREATER OF THE AMOUNT OF FEES PAID BY YOU UNDER THIS AGREEMENT OR $100.
AND (3) NONE OF THE COPILOT PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH COPILOT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>B.
<strong>
<em>INDEPENDENT INVESTIGATION</em>
</strong>.
" |
|
PENDING |
docbot Bot |
| Falou |
"OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH <b>MOYMER</b> PARTY HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES.
<b>MOYMER</b>
<b>’s</b> LIABILITY, AND THE LIABILITY OF ANY OTHER <b>SERVICE</b> PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF WHAT YOU HAVE PAID US FOR THE PAST THREE MONTHS AND U.S.
$100.</p>
<p>
<br> The Service is operated by <b>MOYMER</b> from its facilities in Brazil.
<b>" |
|
PENDING |
docbot Bot |
| Heap |
"UPON WHICH ANY SUCH LIABILITY IS BASED.
AND (II) THE AGGREGATE LIABILITY OF HEAP, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AND AGENTS SHALL BE LIMITED TO TERMINATION OF THIS AGREEMENT AND DAMAGES NOT TO EXCEED THE TOTAL AMOUNT PAYABLE OR PAID TO HEAP UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO ANY TERMINATION.</p>
<p>
<strong>12.</strong> .
 .
<strong>MISCELLANEOUS.</strong>
</p>
<p> </p>
<p>
<strong>12.1  .
</strong> <strong>Export Control</strong>.
The Services that Heap provides under this Agreement may be subject to export laws, rules and regulations of the United States and other jurisdictions. .
" |
|
PENDING |
docbot Bot |
| Heap |
"AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.</p>15.
Limitation of Liability<p>WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SITE AND SERVICE CONTENT.
UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SITE AND SERVICE CONTENT.</p>16.
" |
|
PENDING |
docbot Bot |
| Edquity |
"The arbitration shall be conducted by a single, neutral arbitrator.
Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.
" |
|
PENDING |
docbot Bot |
| middy |
"Middy, its owners, directors, employees and agents are not responsible and cannot be held accountable for offensive conduct on the part of any User, whether Content Creator or Subscriber, for any reason, or at any time.</p>
<p>8.3.Middy is not responsible to you for any money you might lose as a result of your use of the Middy platform.</p>
<p>8.4.Without limitation of the foregoing, to the extent permitted by law, Middy’s liability (if any) for damages is limited to the amount of money you have paid to Middy for your use of these Services.
" |
|
PENDING |
docbot Bot |
| scribe |
"DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
FURTHERMORE, IN NO EVENT SHALL Scribe’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE THOUSAND DOLLARS ($1,000.00), WHICHEVER IS GREATER.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.</p>
<p>THE LIMITATIONS ON Scribe’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT Scribe HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.</p>
<p>SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT Scribe’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.</p>11.
REMEDIES.11.1 Violations.<p>If Company becomes aware of any possible violations by you of the Terms, Company reserves the right to investigate such violations.
" |
|
PENDING |
docbot Bot |
| Danbooru |
"WHILE DANBOORU ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.</p> Limitation of Liability <p>IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE DANBOORU ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL.
ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE DANBOORU ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S.
DOLLARS ($100) OR ANY AMOUNT YOU PAID DANBOORU IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
" |
|
PENDING |
docbot Bot |
| Waymo |
"In addition, Waymo does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free.
While Waymo attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components.
You assume the entire risk as to the quality and performance of the Services.</p>11.
Limitation of Liability<p>To the fullest extent permitted by applicable law, Waymo and the other Waymo Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Waymo or the other Waymo Parties have been advised of the possibility of such damages.</p>
<p>The total liability of Waymo and the other Waymo Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to use our Services.</p>
<p>The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Waymo or the other Waymo Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
" |
|
PENDING |
docbot Bot |
| Kalibrr |
"Kalibrr does not guarantee the accuracy, completeness, reliability, authenticity, timeliness, and reliability of such information and services, or provision of the same, on its our website, nor on any links and websites made available through our website or Application.
Kalibrr is not liable nor responsible for material, content, or any information provided by third parties under their own rights and authority, and shall not be liable for any loss, damage, or injury arising from such material.</p>
<ul>
</ul>
<p>In order to use or access our Application and our website, you must acknowledge that this Application is provided to Users or clients of Kalibrr and that the requirements to access the Application shall be borne by Kalibrr and the User.
In this regard, Kalibrr shall not be held responsible through violation or negligence, for any direct, punitive, special or consequential damage resulting from the access, use, or inability to do either to this Application and its materials.
Hence, when using our Application, you are responsible in ensuring that sufficient internet connection is available to use our Application and its features, or visit our websites.</p>
<ul>
</ul>
<p>Any liability, if any, of Kalibrr for damages, losses, costs, or expenses for whatever cause, whether in contract, tort, or otherwise, shall not exceedthe amount paid by you for accessing our Application.</p>
<ul>
</ul>Disclaimer<p>
</p>
<p>
<i>
<b>
</b>
</i>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Toggl Track |
"(d) the Supplier's total cumulative liability arising out of, related to, or in connection with this Agreement, the Service, the Documentation, the processing of Personal Data, or anything else, shall not exceed (i) the total financial consideration (exclusive of value added and sales taxes and other public dues) that the User paid to the Supplier in connection with the Service during the 12 months immediately preceding the month in which the liability event (i.e., the event/s or circumstance/s underlying the Supplier's liability) occurred, or (ii) if the User had no obligation to make such payments during the period mentioned, then EUR 50 (fifty euros);</p>
<p>(e) this section is without prejudice to the exclusions and limitations of liability that apply by operation of other provisions hereof.</p>
<p>16.2.
" |
|
PENDING |
docbot Bot |
| Samsung Knox |
"THAT MAY RESULT IN BETWEEN YOU AND END USERS.11.
LIMITATION OF LIABILITYTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, SAMSUNG SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO LICENSEE OR ANY THIRD PARTY THROUGH LICENSEE FOR PERSONAL INJURY OR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN RELATION TO THESE T&C OR LICENSEE’S USE OF THE SERVICE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
LICENSEE’S UNDERSTANDING, ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS SECTION ARE THE LEGAL BASIS AND CONSIDERATION FOR THE SERVICE PROVIDED UNDER THESE T&C.
SAMSUNG’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY YOU TO SAMSUNG OR A SAMSUNG LICENSE RESELLER FOR USE OF THE PRODUCT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE WHEN A CLAIM FOR DAMAGES IS FIRST MADE, AND IF SUCH DAMAGES RELATE TO PARTICULAR PRODUCT, SUCH LIABILITY SHALL BE LIMITED TO FEES PAID FOR THE RELEVANT PRODUCT GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE WHEN A CLAIM FOR DAMAGES IS FIRST MADE, IF ANY, OR $50, WHICHEVER IS GREATER.
" |
|
PENDING |
docbot Bot |
| alviy |
"i.
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR PUNITIVE DAMAGES, AND
ALSO</p>
<p>ii.
LOSS OF DATA, LOSS OF PERFORMANCE, LOSS OF BUSINESS OPPORTUNITY OR BENEFITS,
REGARDLESS OF THE LEGISLATIVE FRAMEWORK.</p>
<p>THE EXCLUSIONS AND LIMITATIONS SHALL APPLY WHETHER WARNING IS WARNED TO ALVIY OR ITS
AFFILIATES ON THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>IF YOU ARE USING THE SERVICES FOR COMMERCIAL OR BUSINESS OR RESALE PURPOSES, ALVIY, ITS
AFFILIATES, SUPPLIERS AND DISTRIBUTORS SHALL NOT BE LIABLE TO YOU FOR ANY LOST
PROFITS, LOST BUSINESS OPPORTUNITIES, BUSINESS STOP OR LOST COMMERCIAL
OPPORTUNITIES.
ALVIY AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR THE CONDUCT (AS IN
ONLINE AND OFFLINE) USERS OF THE SERVICES.</p>
<p>EXCEPT FOR THE TYPES OF LIABILITY WHICH WE HAVE NO LAW TO LIMIT (AS STATED HEREIN)
SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF THE FOLLOWING:
$20 OR 100% OF ANY AMOUNT YOU PAID FOR YOUR CURRENT Alviy SUBSCRIPTION.</p>
" |
|
PENDING |
docbot Bot |
| Activision Publishing |
"ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, REMOTE, SPECULATIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES.</p>
<p>ii.  .
IN NO CASE SHALL ACTIVISION'S LIABILITY EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.</p>
<p>iii.  .
IMPORTANT INFORMATION RELATING TO WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL RIGHTS ACCORDING TO THE APPLICABLE LAWS OF COUNTRY FROM WHICH YOU VALIDLY ACQUIRED AND USE THE PRODUCT AND IN WHICH CASE THE LIABILITY OF ACTIVISION AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.</p>
<p>iv.  .
" |
|
PENDING |
docbot Bot |
| Playasia |
"Except as otherwise expressly agreed, Seller makes no representations, warranties, covenants or guarantees of any kind, express or implied, as to the quality, suitability, accuracy or completeness of any information, content, service, or merchandise provided through this Website.
Customer expressly agrees that the use of this Website is at his or her sole risk.<br>
<br>
11.2.<br>
To the full extent permissible by applicable law, Seller disclaims all express or implied conditions, representations and warranties, including but not limited to, any implied warranty of merchantability, non-infringement and fitness for a particular purpose.<br>
<br>
11.3.<br>
Subject to this Clause, Seller will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind whatsoever arising and whether caused by tort, breach of contract or otherwise.<br>
<br>
11.4.<br>
Subject to this Clause, Seller’s maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the Customer to Seller in respect of the Product(s) in question.<br>
<b>12.
Waiver/Invalidity</b>
<br>
<br>
Failure of Seller to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies.
" |
|
PENDING |
docbot Bot |
| Wag |
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, COMPENSATORY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. .
FOR EXAMPLE, WE SHALL NOT BE RESPONSIBLE FOR YOUR CONDUCT OR ANY THIRD-PARTY CONDUCT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, INJURY TO ANY PETS, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SERVICES, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. .
FURTHERMORE, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES, DAMAGE, OR HARM THAT ARISE OUT OF YOUR VIOLATION OF THESE TERMS OR ADDITIONAL TERMS.
</p>
<p> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO US DURING THE TWELVE (12) MONTHS " |
|
PENDING |
docbot Bot |
| Sony LIV |
"(2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms.
and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.<br>
<strong>LIABILITY<br>
</strong>Except where prohibited by law, in no event will SPN be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SPN has been advised of the possibility of such damages.<br>If, notwithstanding the other provisions of these Terms of Use, SPN is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, SPN's liability shall in no event exceed the greater of the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against SPN (but not including the purchase price for any SPN hardware or software products or any support program).<br>
<strong>Indemnity:</strong> You agree to indemnify and hold SPN, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against SPN by any third party due to or arising out of or in connection with your use of the Site.<br>
<br>
</li>
</ul>
</ul>
<strong>" |
|
PENDING |
docbot Bot |
| Kast |
"NOT RESPONSIBLE FOR THIRD PARTY CONDUCT.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE, OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.</li>
<li>MONETARY LIMITATION OF LIABILITY.
IN NO EVENT SHALL THE LIABILITY OF COMPANY AND ITS AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) THE AMOUNT YOU HAVE PAID THE COMPANY IN THE ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON " |
|
PENDING |
docbot Bot |
| Open Humans |
"(B) any third party conduct or content on Open Humans, including any defamatory, offensive or illegal conduct of third parties.
or (C) any unauthorized access, use or alteration of your content.
To the extent permitted by law, the total liability of the Open Humans Foundation, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use these services.
" |
|
PENDING |
docbot Bot |
| Yuga Labs |
"OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YUGA LABS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</li>
<li>(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL YUGA LABS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED ONE HUNDRED U.S.
DOLLARS ($100).</li>
<li>(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YUGA LABS AND YOU.</li>
</ul>
<p>13.
Governing Law and Forum Choice.
" |
|
PENDING |
docbot Bot |
| Aimtell |
"Your only right or remedy with respect to any ,problem or dissatisfaction with such useis to cancel your accountand cease using ,7,the Site and the Services.TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ,TOTAL LIABILITY OF COMPANY,ITS AFFILIATES AND ITS LICENSORS FOR ANY ,CLAIM UNDER THESE TERMS OF USE (OTHER THAN AS MAY BE REQUIRED BY ,APPLICABLE LAW FOR CLAIMS INVOLVING PERSONAL INJURY), INCLUDING FOR ,ANY IMPLIED WARRANTIES, SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID ,COMPANY TO USE THE SITE OR THE RELEVANT SERVICES DURING THE ONE-,MONTH PERIOD IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM OR DISPUTE ,AROSE, OR, AT COMPANY’S OPTION, TO PROVIDING YOU WITH ACCESS TO USE ,THE SITE OR THE RELEVANT SERVICES AGAIN FOR A ONE-MONTH PERIOD.
THIS ,LIMITATION SHALL APPLY EVEN IF IT FAILS ITS ESSENTIAL PURPOSE.,15.
INDEMNITY.
You agree to indemnify Company for certain of your acts and ,omissions.
" |
|
PENDING |
docbot Bot |
| DingTalk |
"Japan Addendum to DingTalk Terms of Service</strong>
</p>
<p>In addition to, or in place of, the relevant terms of DingTalk Terms of Service above, the following additional terms (this “<strong>Addendum</strong>”) are applicable in respect of any users located in Japan.
This Addendum forms part of DingTalk Terms of Service and any definitions used in DingTalk Terms of Service above shall have the same meaning in this Addendum.
Notwithstanding anything else in this Agreement, if there is any conflict or inconsistency between this Addendum and any terms in DingTalk Terms of Service above, this Addendum shall prevail only to the extent of the conflict or inconsistency.</p>
<p>1.
Clause 15.5 shall be replaced with the following provision.</p>
<p>The exclusions in this Clause 15 and the other provisions of the Agreement shall take effect except in the cases where DingTalk’s intentional act or gross negligence causes any Loss or damage to you, and to the fullest extent permitted by law, the maximum aggregate liability of DingTalk in connection with your use or inability to use the Services and/or otherwise in connection with the Agreement or any breach thereof shall not exceed USD100.</p>
<p>2.
" |
|
PENDING |
docbot Bot |
| Simplify |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00 USD.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| TopLogger |
"Neither TopLogger.nu nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.</p>Jurisdiction and Applicable Law<p>Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the Netherlands..</p>Limitation of Liability<p>In no event will TopLogger.nu, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to TopLogger.nu under this Agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| GDLauncher |
"To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
</p>.
</div>.
</div>.
<div>.
<h2>Indemnification</h2>.
<div>.
<p>.
" |
|
PENDING |
docbot Bot |
| Viber |
" WE ARE NOT LIABLE FOR BUSINESS LOSSES.
WE ONLY PROVIDE THE SERVICES FOR DOMESTIC AND PRIVATE USE.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL OR, BUSINESS PURPOSE, THE VIBER GROUP WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $100 USD OR 100% OF ANY AMOUNT YOU’VE PAID TO US FOR YOUR USE OF THE SERVICES.
THIS PROVISION DOES NOT APPLY TO EU CONSUMERS WHERE PROHIBITED BY APPLICABLE LAW.<br>
</p>
<strong>16.
" |
|
PENDING |
docbot Bot |
| Universal Music Group |
"3.  .
In relation to UMG’s
supply of products via this Webstore (including both digital and physical
products) UMG’s liability for losses which You suffer is strictly limited to
the purchase price paid by You.
" |
|
PENDING |
docbot Bot |
| Notesnook |
"OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
" |
|
PENDING |
docbot Bot |
| DDoS-GUARD |
"if the service has not been resumed by the Provider within the time specified by him or he has,not responded to the Client's notification within 24 hours, in this case the Provider shall refund the,amount of the proportional payment for the period of time during which the service has not actually,been or will not be used, but not more than the amount equal to the monthly payment for the,service.,6.8.
The Provider is not obliged to refund the funds paid by the Client for the services properly,rendered in the past period of time, regardless of whether the Client used the services provided or,not.
" |
|
PENDING |
docbot Bot |
| Techlore |
"Limits on Liability
<p>
<em>
<strong>Neither the company nor its suppliers will be liable to you for breach-of-contract damages their personnel could not have reasonably foreseen when you agreed to these terms.</strong>
</em>
</p>
<p>
<em>
<strong>As far as the law allows, the total liability to you for claims of any kind that are related to the forum or content on the forum will be limited to $50.</strong>
" |
|
PENDING |
docbot Bot |
| Current |
"HIS OR HER USE OF THE SERVICE.
AND (II) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE SERVICE.
THE AGGREGATE LIABILITY OF THE CURRENT PARTIES FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND WILL NOT EXCEED THE AMOUNT PAID BY YOU TO CURRENT FOR THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, NONE OF THE CURRENT PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, EVEN IF CURRENT OR ITS CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
</li>
<li> " |
|
PENDING |
docbot Bot |
| YNAB |
"THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.</p>
Limitation on Liability
<p>IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.</p>
<p>IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.</p>
<p>" |
|
PENDING |
docbot Bot |
| CTemplar |
"LIMITATION OF LIABILITIES</strong>
<p>IN NO EVENT SHALL CTEMPLAR, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT PAID TO CTEMPLAR FOR THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100.
" |
|
PENDING |
docbot Bot |
| Priority Matrix |
"DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Appfluence HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE.
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, APPFLUENCE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO APPFLUENCE FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100.
16) Dispute Resolution
You agree that prior to filing any claim against Appfluence relating to or arising out of these Terms you will first contact us at support+dispute@appfluence.com to provide us with an effort to resolve the issue in an informal manner.
No Class Actions – ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.
17) Exclusions and limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| RewardsAvenue |
"IN NO EVENT WILL THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO ANY USER UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (i) THE VALUE OF THE GIFT FOR WHICH THE CONSUMER HAS REGISTERED, OR (ii) $1,000, OR (iii) ACTUAL DOLLAR AMOUNT CONSUMER SPENT ON A SITE COMPLETING SPONSOR OFFERS.
DISCLAIMER OF WARRANTIES THE SITE, THE GIVEAWAY, THE PROGRAMS, PRIZES, GIFTS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS ARE PROVIDED TO YOU ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PUSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE).
" |
|
PENDING |
docbot Bot |
| Pixel-Chat |
"CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT SHALL PIXEL CHAT LLC'S LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO PIXEL CHAT LLC FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.</p>
<p>" |
|
PENDING |
docbot Bot |
| NetZero |
"SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
<br>
<br>
</li>
</ul>
<p>5.0 Limitation of NetZero's Liability</p> IN NO EVENT SHALL NETZERO OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE UNDER ANY SECTION OF THESE TERMS OF SERVICE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT NETZERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
NETZERO SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL NETZERO'S LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO NETZERO FOR THE APPLICABLE SERVICE FOR THE PRIOR MONTH.
" |
|
PENDING |
docbot Bot |
| Brisbane Times |
"We will not be liable to you for any loss or damage that you or any other person may incur in connection with your subscription, whether direct, indirect, consequential or otherwise.
In any case, our maximum liability to you directly or indirectly in relation to your subscription is limited to an amount equal to the subscription fees paid by you to us in the 12 month period before the claim.</li>
<li>Your subscription is for your personal use only.
You are not permitted to use your subscription for any commercial purpose, including to on-sell your subscription to any third party.
" |
|
PENDING |
docbot Bot |
| awesomescreenshot |
"If You wish to terminate Your Account, You may simply discontinue using the Service.</p>10.
Limitation of Liability<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| Razer |
"RAZER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY BUGS, VIRUSES, OR OTHER MALWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE RAZER SITES, FOR ANY ERRORS, MISTAKES OR INACCURACIES IN CONTENT, OR FOR ANY LOSS OR DAMAGE INCURRED THAT RESULTS FROM THE USE OF ANY CONTENT MADE AVAILABLE IN ANY WAY THROUGH THE RAZER SITES.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.<br>
<br>
</li>
<li>
<b>9.
LIMITATION OF LIABILITY</b>
<br>IN NO EVENT SHALL RAZER, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO OR INABILITY TO ACCESS OR USE THE RAZER SITES (INCLUDING THE SERVICES AND SUPPORT SERVICES OFFERED ON THE RAZER SITES OR DOWNLOADABLE MATERIALS), EVEN IF RAZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL RAZER'S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR A PRODUCT OR SERVICE.
The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose.
" |
|
PENDING |
docbot Bot |
| 3commas |
"DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.</p>
<p>
<strong>19.3 </strong>3COMMAS MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE SUBSCRIPTION PRICES PAID BY YOU TO US OVER THE 12 (TWELVE) MONTH PERIOD PRECEDING TO THE CLAIM BY YOU.</p>
<strong>" |
|
PENDING |
docbot Bot |
| Bill Track 50 |
"IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS.
TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.</p>14.
Indemnification.
<p>" |
|
PENDING |
docbot Bot |
| Betternet |
"Under no circumstances, including, but not limited to, negligence, will Pango or the Pango entities be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to this agreement or that result from your use of or your inability to use the service or Betternet Software, or any other interactions with Pango, even if Pango or an Pango authorized representative has been advised of the possibility of such damages.</p>
<p>
<b>14.2 Limitation of Damages.</b> In no event will the total liability of Pango or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers to you for all damages, losses, and causes of action arising out of or relating to this agreement or your use of the service or the Betternet Software (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the Betternet Software and the service during the twelve months immediately preceding the date of the claim or twenty five united states dollars, whichever is greater.</p>
<p>
<b>14.3 Basis of the Bargain.</b> " |
|
PENDING |
docbot Bot |
| VPNArea |
"ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES. </p>
<p> </p>
<p>IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE Offshore Security EOOD (VPN Area) PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SERVICE, SOFTWARE OR ANY CONTENT THEREIN, THE Offshore Security EOOD (VPN Area) PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID Offshore Security EOOD (VPN Area) FOR YOUR USE OF THE SERVICE.
AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS. </p>
<p> </p>
<p>SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Serenade |
"DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE.
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
" |
|
PENDING |
docbot Bot |
| Digital Millennium Copyright Act Services |
"However, no procedure can guarantee complete and total security and integrity of Content.
Therefore, DMCA Services makes no guarantee and assumes no liability for the security of any data on any server including "secure servers." Customer agrees to maintain separate backups of any data other than the backup systems that DMCA Services has in place and DMCA Services shall not be liable for the loss, or modification, of any Customer materials due to any breach of security, network or hardware failure.
DMCA Services’ backup systems are reserved for DMCA Services’ use and are not available to Customer for the purposes of requesting media whereby such missing or defective media is a result of circumstances not related to DMCA Services’ system failures or breach of security.</li>
<li>UNDER NO CIRCUMSTANCES WILL DMCA SERVICES BE LIABLE TO CUSTOMER FOR DIRECT DAMAGES GREATER THAN THE SUM TOTAL OF PAYMENTS MADE BY CUSTOMER FOR THE USE AND OCCUPANCY OF CUSTOMER'S SPACE OR IN THE CASE OF SPECIAL SERVICES, INCLUDING ENCODING SERVICES, THE SUM TOTAL OF PAYMENTS MADE BY CUSTOMER TO DMCA SERVICES FOR THE SERVICE FOR WHICH DAMAGES ARE CLAIMED.
IN NO EVENT SHALL DMCA SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF AND IN RELATION TO THIS AGREEMENT EVEN IF ADVISED BEFORE HAND OF THE POSSIBILITY OF SUCH LIABILITY.
UNDER NO CIRCUMSTANCES WILL DMCA SERVICES BE LIABLE TO CUSTOMER FOR ANY MARKETING, ADVERTISING, PROMOTIONAL EXPENSES OR ANY EXPENSES RELATED TO THE CUSTOMER'S USE OF DMCA SERVICES'S SERVICE, " |
|
PENDING |
docbot Bot |
| Purse |
"SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL PURSEIO’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE FEE FOR THE SERVICES (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE, THE COST TO PURCHASE AND OPERATE YOUR DEVICE, THE COST OF ANY MERCHANDISE, GIFT CARDS OR THE COST OF ANY PRODUCTS OR SERVICES PURCHASED).
</p> " |
|
PENDING |
docbot Bot |
| Kritik |
"(2) any IP Claim related to any Institution Data, or (3) any IP Claim related to any use or exercise of any other right in respect to the Service outside the scope of the rights granted in this Agreement.<br>
<br><strong>10.
Limitation of Liability.</strong>1.<strong> Limitation of Liability</strong>.
IN NO EVENT SHALL Kritik's AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER HEREUNDER IN THE TWELVE MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.<br>
<br>2.
<strong>Exclusion of Consequential and Related Damages</strong>.
IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS OR OTHER SIMILAR PECUNIARY LOSS) HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) " |
|
PENDING |
docbot Bot |
| Australian Financial Review |
"We will not be liable to you for any loss or damage that you or any other person may incur in connection with your subscription, whether direct, indirect, consequential or otherwise.
In any case, our maximum liability to you directly or indirectly in relation to your subscription is limited to an amount equal to the subscription fees paid by you to us in the 12 month period before the claim.</p>
<p>2.7.
" |
|
PENDING |
docbot Bot |
| Pixlr |
"and (b) the Pixlr Premium service (unless otherwise stated).
This Clause 11 and 12 only applies to the Pixlr Creative Pack service.</p>
<li>LIABILITY CAP</li>
<p>Pixlr's maximum aggregate obligation and liability to You for all claims (accessed collectively) under Clause 11 shall be limited to Twenty Five Thousand United States Dollars (US$ 25,000.00) or the total amounts paid by You to Pixlr for Your use of the Services in the six (6) months immediately preceding the date on which the claim giving rise to the liability aros, whichever the lower ("<b>Liability Cap</b>").</p>
<li>MISCELLANEOUS</li>
" |
|
PENDING |
docbot Bot |
| Miro |
"Miro may generate and use Usage Data to operate, improve, analyze and support the Service and for other lawful business purposes.
If Customer provides Miro with feedback or suggestions regarding the Service or other Miro offerings, Miro may use the feedback or suggestions without restriction or obligation.</p>
Limitations of Liability
Consequential Damages Waiver <p>
<strong>The disclaimer in this Section 13.1 (Consequential Damages Waiver) will not apply to the extent prohibited by Laws.
Except for Excluded Claims, neither party (nor its suppliers) will have any liability arising out of or related to this Agreement for any loss of use, lost data, lost profits, failure of security mechanisms, revenues, goodwill, interruption of business or any indirect, special, incidental, reliance or consequential damages of any kind, even if informed of their possibility in advance.</strong>
</p>
Liability Cap<p>
<strong>Except for Excluded Claims, each party’s (and its suppliers’) entire liability arising out of or related to this Agreement will not exceed in aggregate the amounts paid or payable by Customer to Miro during the prior 12 months under this Agreement.</strong>
</p>
" |
|
PENDING |
docbot Bot |
| Mix |
"Arbitration &.
Waiver of Class Action<p>For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either party may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration.
" |
|
PENDING |
docbot Bot |
| Aspen Dental practice |
"ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENT, THE USE THEREOF, OR THE INABILITY TO USE THE SITE, EVEN IF ASPEN DENTAL MANAGEMENT, INC.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ASPEN DENTAL MANAGEMENT, INC.
UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF THE SITE, ITS USE OR ITS CONTENT SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).</p>
<b>" |
|
PENDING |
docbot Bot |
| Trend Micro |
"THE LIABILITY OF TREND MICRO, ITS AFFILIATES, AND ITS ,THEIR SUPPLIERS (INCLUDING ANY HOSTING PLATFORM) AND LICENSORS TO COMPANY FOR LOSSES, EXPENSES, OR ,DAMAGES RELATED TO OR ARISING FROM ALL RELATED AND UNRELATED CAUSES OF ACTION, CLAIMS, SUITS, AND,OTHER LEGAL PROCEEDINGS OF ANY KIND OR NATURE (REGARDLESS OF WHETHER BASED ON ,EXPRESS/IMPLIED/STATUTORY WARRANTY, GUARANTEE, CONDITION, MISREPRESENTATION, CONTRACT AND BREACH ,THEREOF, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), UNDER ANY CIVIL/COMMERCIAL CODE, AND/OR ANY ,OTHER OR EQUITABLE OR LEGAL THEORY) THAT ARE ACTS OR OMISSIONS OF TREND MICRO SPECIFICALLY ,ATTRIBUTABLE TO: (A) AN UNCURED MATERIAL BREACH OF THESE TERMS OF SERVICE.
(B) THE RELATIONSHIP OF ,PARTIES.
AND/OR ( C ) THE PROVISION/SUPPLY OF CLOUD SERVICES AND/OR SUPPORT SERVICES, SHALL BE LIMITED TO ,ACTUAL DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED, IN THE AGGREGATE (AND NOT PER INCIDENT OR PER ,CLAIMANT) FOR ALL CLAIMS AND CAUSES OF ACTION, THE TOTAL FEES AND OTHER AMOUNTS PAID BY COMPANY FOR ,THECLOUDSERVICEGIVINGRISETOORCAUSINGSUCHLOSS,EXPENSE,ORDAMAGEINTHETWELVE(12)MONTHPERIOD ,IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LOSS, EXPENSE, OR DAMAGE, LESS ANY REFUNDS OR ,CREDITS PREVIOUSLY RECEIVED BY COMPANY FROM TRENDMICRO WITH RESPECTTHERETO.,8.3Basis of the Bargain.
Each Party recognizes and agrees that the waivers, warranty limitations, as well as disclaimers ,andexclusionsfromandlimitationsofliabilityand/orremediesintheseTermsofServiceareamaterialandessentialbasisoftheseTerms,of Service.
reflect a reasonable allocation of risk between the Parties.
are fair, reasonable, and a fundamental part of these Terms of ,Service;andeachhasbeentakenintoaccountandreflectedindeterminingtheconsiderationtobegivenbyeachPartyundertheseTerms ,of Service and in the decision by each Party to enter into these Terms of Service.
" |
|
PENDING |
docbot Bot |
| Trend Micro |
"ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF ,TREND MICRO OR ITS SUPPLIERS FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, ,NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF ,LIABILITY,EXCEED THEFEES FOR THESOFTWARE, PREMIUM SUPPORT SERVICESAND ,SUBSCRIPTION SERVICE, AS APPLICABLE, PAID OR OWED BY YOU.
,D.THE LIMITATIONS OF LIABILITY IN THIS SECTION 12ARE BASED ON THE FACT THAT CUSTOMERS ,USE THEIR COMPUTERS FOR DIFFERENT HOME AND BUSINESS PURPOSES.
" |
|
PENDING |
docbot Bot |
| QNAP |
"any defect in goods, samples, data, information or services purchased or obtained from you or any other third party through the Services;<br> (b) your violation of any third party rights, or claims against you by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by any third party claimants;<br> (c) unauthorized access by third parties to your data or private information;<br> (d) your statements or conducts.
or<br> (e) any matters relating to Services however arising, including negligence.<br>
<br> Notwithstanding any of the foregoing provisions, unless otherwise provided in the terms and conditions or service level agreements of the relevant Services, the aggregate liability of QNAP, and their respective employees, agents, affiliates, representatives or anyone acting on their behalf with respect to you for any and all claims arising from or in connection with the Services or any use or inability to use the same during any calendar year shall be limited to, in aggregate, the greater of (a) the amount of fees you have paid to QNAP or its affiliates for the Services during the calendar year.
" |
|
PENDING |
docbot Bot |
| VPNLand |
"In any event, VPNLand Inc.
shall never be liable for any monetary damages beyond what the user paid to VPNLand Inc.
and this will not include court costs or attorney fees irrespective of any statues or laws that may be interpreted otherwise.</li>
<li>" |
|
PENDING |
docbot Bot |
| resilio |
"Some jurisdictions do not allow certain limitations on implied warranties, so the above limitation may not apply to you to its full extent.<br>
</p>Limitation of Liability<p>Resilio, Inc.'s total liability to you from all causes of action and under all theories of liability will be limited to $50.00.
In no event and under no theory of liability will Resilio, Inc.
be liable to you for any special, incidental, exemplary, or consequential damages arising out of or in connection with this agreement or the software whether or not Resilio, Inc.
has been advised of the possibility of such damages.
The foregoing limitations will survive even if any limited remedy specified is found to have failed of its essential purpose.
" |
|
PENDING |
docbot Bot |
| Altervista |
"1382 of the Codice Civile).
The amount of the penalty payable is equal to total loans for the User Banners accrued but not yet paid, as well as quantified and specified in the User Admin Panel, the Altervista date of the communication by which the violation is contested, unless in any case the right to Altervista to take legal action for any greater damage.
" |
|
PENDING |
docbot Bot |
| Laravel |
"SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF LARAVEL VAPOR HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF.
SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH " |
|
PENDING |
docbot Bot |
| IXL |
"DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IXL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE.
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.</p>
<p>In no event shall IXL or its subsidiaries, parent companies, affiliates, licensors, contractors, employees, officers, directors, agents or third-party partners' total liability to you for all damages, losses, and causes of action arising out of or relating to this Agreement or your use of the IXL Service (whether in contract, tort, warranty or otherwise, exceed the amount paid by you, if any, for accessing the IXL Service during the twelve (12) months preceding your claim or one hundred dollars ($100), whichever is greater.</p> 19.
EXCLUSIONS AND LIMITATIONS <p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CLAIMS OR DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Casting Call Club |
"WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE.
IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.</p>
<p>10.
LIMITATION OF LIABILITY</p>
<p>10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.</p>
<p>11.
INDEMNIFICATION</p>
<p>" |
|
PENDING |
docbot Bot |
| Netlify |
"OR RELIABILITY OF THE SERVICES, ITS SAFETY OR SECURITY, OR THE CONTENT, OR THE SERVICE’S INTEROPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND CUSTOMER MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.</p>9.
Indemnity<p>Customer shall indemnify, defend and hold harmless Netlify and its officers, directors and employees, from and against all third party claims, losses, damages, costs and liabilities, including reasonable attorneys’ fees, arising out of or relating to Customer’s use of the Services or use of the Website, Customer’s Content, Customer’s Data or any products or services offered by Customer to a third party, or obtained by Customer from a third party, via the Website.</p>10.
Limited Liability<p>NETLIFY’S AGGREGATE LIABILITY FOR ALL CLAIMS, LOSSES, LIABILITIES OR DAMAGES IN CONNECTION WITH THIS AGREEMENT, CUSTOMER’S ACCESS TO OR USE OF, OR CUSTOMER’S INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY, IS LIMITED TO NO MORE THAN THE LESSER OF (A) THE TOTAL FEES PAID BY CUSTOMER IN THE THEN-CURRENT MONTH OR (B) ONE HUNDRED DOLLARS (US $100).</p>
<p>IN ADDITION, NETLIFY WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR LOST PROFITS, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES.</p>" |
|
PENDING |
docbot Bot |
| Pico |
"You should only transmit or submit User Content to or through our Services if you agree to the foregoing.</p>
<p>
</p>
<p>The 3rd paragraph under “Infringement Notice” of Section 13 shall not apply.</p>
<p>
</p>
<ul>
<li>
<strong>Limitation of Liability.</strong>
</li>
</ul>
<p>
</p>
<p>The following shall replace the last paragraph under Section 15: </p>
<p>THE EXTENT NOT EXCLUDED AND/OR TO THE EXTENT NOT LAWFULLY EXCLUDED, PICO'S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS, SUITS, DEMANDS, ACTIONS OR OTHER LEGAL PROCEEDINGS IN CONNECTION WITH THESE TERMS, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE, SHALL NOT EXCEED SGD 1,000.
" |
|
PENDING |
docbot Bot |
| Cloudinary |
"ITS AFFILIATES FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF CLOUDINARY OR ITS AFFILIATES WHATSOEVER.</p>
Limitation of Liability
<p>CLOUDINARY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE, COSTS, EXPENSES AND PAYMENTS OR FOR ANY LOSS OF PROFIT OR LOSS OF DATA, EITHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT (INCLUDING PRE-CONTRACTUAL STATEMENTS), STRICT LIABILITY, STATUTORY LIABILITY OR IN ANY OTHER CAUSE OF ACTION, ARISING FROM, OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER OR NOT CLOUDINARY OR ANY SUCH AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS.</p>
<p>CLOUDINARY AND ITS AFFILIATES’ AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING UNDER THESE TERMS OR OR IN CONNECTION WITH THE SERVICE, WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING PRE-CONTRACTUAL STATEMENTS), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER CAUSE OF ACTION, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY RECEIVED BY CLOUDINARY FROM YOU DURING THE TWELVE (12) MONTHS " |
|
PENDING |
docbot Bot |
| Boston Pizza |
"AMENDMENT OR WITHDRAWAL OF BOSTON PIZZA TECHNOLOGY OR ANY PART OF IT.</p>
<p>WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE GENERAL TERMS AND CONDITIONS, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE LIABILITY OF THE BP GROUP TO YOU OR ANY OTHER PERSON UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY THE BP GROUP OR ANY PERSON " |
|
PENDING |
docbot Bot |
| Hackster |
"In no event will Hackster, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement or substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to Hackster under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| S'more app |
"OR (vi) ANY OTHER MATTER RELATING TO THE APPLICATION OR THE SERVICES.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF AIRFIND, OUR AFFILIATES AND LICENSORS FOR ANY CLAIM UNDER THIS AGREEMENT OR RELATING TO THE APPLICATION OR THE SERVICES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, INCLUDING FOR ANY IMPLIED WARRANTIES, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR APPLICATION, IS LIMITED TO THE AMOUNT, IF ANY, PAID TO AIRFIND TO USE THE SERVICES AND APPLICATION.
" |
|
PENDING |
docbot Bot |
| Gigablast |
"As the parties may agree in writing.
or To the extent permitted by applicable law.
LIMITATION OF LIABILITY THE LIABILITY OF COMPANY FOR DAMAGES OR ALLEGED DAMAGES HEREUNDER, WHETHER
IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IS LIMITED TO, AND WILL NOT
EXCEED $0.00.
DISPUTE RESOLUTION In the event that disputes between the parties arising from or concerning
in any manner the subject matter of this Agreement, other than disputes
arising from or concerning trademarks, service marks or trade names and/or
confidentiality, cannot be resolved through good faith negotiation within
30 days after notice of dispute is provided to the other party, the parties
will refer the dispute(s) to the American Arbitration Association for
resolution through binding arbitration by a single arbitrator pursuant to
the American Arbitration Association's rules applicable to commercial
disputes.
" |
|
PENDING |
docbot Bot |
| OpenAI |
"WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.</p>
<p>(c) <strong>Limitations of Liability</strong>. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.<br>
</p>" |
|
PENDING |
docbot Bot |
| Dutchie |
"DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DUTCHIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE.
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL DUTCHIE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DUTCHIE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
" |
|
PENDING |
docbot Bot |
| mail.com |
"PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE MAIL.COM SERVICES, AND MAIL.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES.
YOU HEREBY RELEASE MAIL.COM FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.
THE TOTAL LIABILITY OF MAIL.COM FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO MAIL.COM IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, IF ANY.</p> 8.
" |
|
PENDING |
docbot Bot |
| TaxBit |
"or ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES.</p>
</li>
</ul>
<p>In each case of the foregoing, however caused and under any theory of liability, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE TAXBIT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.</p>
<p>SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) .
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
THE TAXBIT ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED the greater of $20 USD or 100% of any amount you have paid under your current service plan with TaxBit.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.</p>
<p>IF YOU HAVE BEEN REFERRED TO USE THE SERVICE BY A THIRD PARTY REFERRING PARTNER OR OTHER THIRD PARTY (SUCH AS A TAX PROFESSIONAL), YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD PARTY SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY WAY IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICES.</p>
<p>Further, you acknowledge that TaxBit's customer support agents do not give tax advice.
TaxBit's support team is here to help explain our Services.
" |
|
PENDING |
docbot Bot |
| Tefter |
"Limitation of Liability <p> If we believe that there is a violation of the User Terms or any of our other policies that can simply be remedied by removal of certain Customer Data or taking other action, we may directly step in and take what we determine to be appropriate action (including disabling your account) if we believe there is a credible risk of harm to us, the Services, Users, or any third parties.
NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE USER TERMS.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE.
" |
|
PENDING |
docbot Bot |
| TinyPNG |
"Tinify and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither Tinify nor its suppliers and licensors, make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services, through the Service at your own discretion and risk.</p>Limitation of liability<p>In no event will Tinify, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to Tinify under this Agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| RocketLaunch.Live |
"Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your Account, You may simply discontinue using the Service.</p>
Limitation of Liability
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| Freenom |
"ANY AND ALL LIABILITY ARISING FOR BREACH OF CONTRACT, BREACH OF WARRANTY, ,NEGLIGENCE, PRODUCT LIABILITY, AND ANY OTHER STATUTORY, CONTRACT, TORT AND/OR OTHER ,LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL ,WE BE HELD LIABLE OR OBLIGATED IN ANY MANNER TO YOU OR ANY THIRD PARTY FOR ANY AMOUNT IN ,EXCESS OF THE SUM OF ONE EURO (€ 1.00).,WE DO NOT REPRESENT OR WARRANT THAT FREE DOMAIN WILL OPERATE WITHOUT DEFECTS, ,INTERUPTION, " |
|
PENDING |
docbot Bot |
| ShortPixel |
"You and Company hereby expressly agree that the liability of the latter for all claims in the aggregate raised in relation to the Services shall not exceed EUR 1000.<br> 13.8.
" |
|
PENDING |
docbot Bot |
| Klevu |
"Clauses 12.1 to 12.4 (inclusive) are subject to this clause 12.5.</p>13 <strong>Limitation of liability</strong>
<p>
<strong>13.1</strong> The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation or under any indemnity) shall be as set out in this clause 13.</p>
<p>
<strong>13.2</strong> Subject to clauses 13.3 and 13.5, Klevu’s liability under the Contract shall not exceed, in the aggregate, the greater of:</p>
<ul>
<li>
<strong>13.2.1</strong> an amount equal to the Fees paid to Klevu by the Client in the 12-month period immediately preceding the first incident giving rise to any claim under the Contract.
or</li>
<li>
<strong>13.2.2</strong> an amount equal to the Fees paid or due to be paid by the Client for the initial 12-month period of the Term, as set out in the Order.</li>
</ul>
<p>
<strong>13.3</strong> Subject to clause 13.5, neither party will be liable for any of the following (whether direct or indirect): any consequential, indirect or special losses.
" |
|
PENDING |
docbot Bot |
| mailbox.org |
"Furthermore, the Provider shall not be obligated to render services in advance.</p>
<p>(8) In the event that pro rata fees or reimbursements are payable owing to a change in tariff or on other grounds, these shall be calculated on a per-calendar-day basis by computing 1/30 of the amount applicable to a billing month.</p>
<p>(9) The User shall also be liable for fees arising from a third party’s utilization of the User’s user account (e.g., following negligent disclosure of that Party’s access data) unless the User can prove that s/he is not responsible for such utilization.</p>
<p>" |
|
PENDING |
docbot Bot |
| Morning Brew |
"WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF WE OR SUCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT.</p>
<p>CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Crazy Egg |
"SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN FULL.</p>
<p>YOU AGREE THAT THE CUMULATIVE LIABILITY OF CRAZY EGG, ITS AFFILIATES, LICENSORS, AND THEIR RESPECTIVE INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS TO YOU OR ANY OTHER PARTY, INCLUDING, WITHOUT LIMITATION, ANY CLIENT VISITORS, FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID BY YOU TO CRAZY EGG, IF ANY, FOR USE OF THE SERVICES DURING THE MONTH PRECEDING THE MOST RECENT EVENT GIVING RISE TO SUCH LIABILITY.</p>
<p>" |
|
PENDING |
docbot Bot |
| FullContact |
"ANY PRODUCTS, DATA, OR SERVICES PROVIDED HEREUNDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FULLCONTACT’S LIABILITY TO CUSTOMER FOR ANY DAMAGES ARISING FROM OR RELATED TO THE AGREEMENT (INCLUDING ANY ASSOCIATED ORDER FORMS, EXHIBITS, OR ADDENDUMS), FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNTS CUSTOMER HAS PAID FULLCONTACT IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CLAIM FOR DAMAGES AROSE.
THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
" |
|
PENDING |
docbot Bot |
| Surface Owl |
"IN NO EVENT SHALL THE LIABILITY OF surfaceOwl (AND THOSE THAT surfaceOwl WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID, IF ANY, OR (B) US $1000.</p>
<p>THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND surfaceOwl AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G., WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF surfaceOwl HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.</p>
<p>" |
|
PENDING |
docbot Bot |
| Poshmark |
"THE USE OR INABILITY TO USE THE SERVICES.
(2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
OR (3) ANY OTHER MATTER RELATED TO THE SERVICES.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL POSHMARK BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO POSHMARK AS A SELLER IN THE LAST SIX (6) MONTHS, OR, (2) ONE HUNDRED U.S.
DOLLARS (USD $100).</p>
<p>THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
" |
|
PENDING |
docbot Bot |
| Wizards of the Coast |
"THE TOTAL AGGREGATE LIABILITY OF WIZARDS, OUR LICENSORS OR ANY OF OUR OR THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100.00 (USD).</p>
<p>
<strong>11.2.</strong> <strong>Waiver of Equitable Remedies</strong>.
YOU AGREE THAT ANY LOSS, DAMAGE, OR HARM YOU SUFFER IS NOT IRREPARABLE AND OTHER REMEDIES WOULD BE ADEQUATE SUCH THAT YOU ARE NOT ENTITLED TO AND HEREBY WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST WIZARDS, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF.
" |
|
PENDING |
docbot Bot |
| Xandr |
"(vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL.
OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF XANDR OR MICROSOFT OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.</p>
<p>APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF XANDR UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).</p>
<p>
<u>" |
|
PENDING |
docbot Bot |
| Cloze |
"THE CLOZE PARTIES ALSO DISCLAIM ALL LIABILITY ASSOCIATED WITH YOUR USE OF ANY THIRD PARTY SITES.
</li>
</ol>
17.
Limitation of Liability
<p> a) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CLOZE PARTIES BE LIABLE FOR (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION, OR (E) LOSS OF INFORMATION OR DATA REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CLOZE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
</p>
<p> b) THE CLOZE PARTIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO CLOZE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $10.00.
</p>
" |
|
PENDING |
docbot Bot |
| Everhour |
"The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other course of action.</p>
<p>If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month.
" |
|
PENDING |
docbot Bot |
| Mathematical Playground |
"for breach of your legal rights in relation to the Platform including the right to receive the Platform which are: as described and match information we provided to you.
of satisfactory quality.
fit for any particular purpose made known to us and supplied with reasonable skill and care.</p>
<p>
<strong>9.4 Limitation of Liability.</strong> In no event shall Mathigon, its affiliates, contractors, employees, agents or partners total liability to you for all damages, losses and causes of action arising out of or relating to the Terms or your use of the Platform (whether in contract or tort (including negligence) warranty or otherwise) exceed £50 in aggregate.
" |
|
PENDING |
docbot Bot |
| Wall Street Oasis |
"The aggregate liability for the Company to you for all claims arising from the use of the Materials is limited to $1.</p>Termination.<p>" |
|
PENDING |
docbot Bot |
| Dog Fluffy |
"No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.</p> LIMITATION OF LIABILITY <p>To the fullest extent permitted by applicable law, in no event will Website Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website Operator has been advised as to the possibility of such damages or could have foreseen such damages.</p>
<p>To the maximum extent permitted by applicable law, the aggregate liability of Website Operator and its affiliates, officers, employees, agents, suppliers, and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website Operator for the prior one month period prior to the first event or occurrence giving rise to such liability.</p>
<p>The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.</p> " |
|
PENDING |
docbot Bot |
| BigRunStudio |
"SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
</p>
<p>  .
(b) IN NO EVENT WILL BIG RUN STUDIOS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS $100.
</p>
<p>  .
" |
|
PENDING |
docbot Bot |
| Campus Suite |
"Licensor's total liability under this Agreement with respect to the Software, legal fees, or damages regardless of cause or theory of recovery, will not exceed the total amount of fees paid by Licensee to Licensor during the twelve month period immediately preceding the occurrence or act or omission giving rise to the claim.</p>
<p></p>
<strong>Severability</strong>
<br>
<p>If any term of this Agreement is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.</p>
<p></p>
<strong>Force Majeure</strong>
<br>
<p>Neither party will be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond the delayed party's reasonable control.</p>
<p></p>
<strong>Waiver and Modification</strong>
<br>
<p>The waiver by any party of any breach of covenant will not be construed to be a waiver of any succeeding breach or any other covenant.
" |
|
PENDING |
docbot Bot |
| MEE6 |
"the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.</strong>
</li>
</ul>
<p>
<strong>This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.</strong>
</p>
<p>
<strong>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User.
The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction.
" |
|
PENDING |
docbot Bot |
| Money Dashboard |
"SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGE</li>
</ol>
<p>ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO £500.00 (FIVE HUNDRED POUNDS).</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Sticky Password |
"LAMANTINE SOFTWARE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF STICKY PASSWORD SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN STICKY PASSWORD SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU.
</p>
<p> IF THE PROVISIONS IN THIS ARTICLE ARE VOID FOR ANY REASON OR LAMANTINE SOFTWARE IS DEEMED LIABLE FOR LOSSES, DAMAGES ETC UNDER APPLICABLE LAWS.
THE PARTIES AGREE THAT LAMANTINE SOFTWARE‘S LIABILITY TO YOU WILL BE LIMITED TO THE TOTAL AMOUNT OF LICENSE FEES PAID BY YOU.
</p>
<p> " |
|
PENDING |
docbot Bot |
| Simpli.fi |
"FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
OUR MAXIMUM LIABILITY UNDER THIS PLATFORM AGREEMENT SHALL BE LIMITED TO (A) IN THE CASE OF AN ONLINE ORDER, $100, AND (B) IN THE CASE OF NO ORDER NOR EXECUTED AGREEMENT, $0.
</p>
<p>
<strong>C.
INDEMNIFICATION.</strong> " |
|
PENDING |
docbot Bot |
| Soundverse |
"h4 id="limitationofliability"><strong>Limitation of Liability</strong></h4>
<p>YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER SOUNDVERSE NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOUNDVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING</p>
<p>FROM: (A) THE USE OR THE INABILITY TO USE THE SITE OR ANY RELATED INFORMATION; (B) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SITE; OR (C) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL SOUNDVERSE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED HUNDRED DOLLARS ($100). " |
|
PENDING |
docbot Bot |
| Wordfence |
"LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY.
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER THE DISCLAIMER OF WARRANTIES OR DISCLAIMER OF CERTAIN DAMAGES SECTIONS, OUR MAXIMUM, AGGREGATE LIABILITY TO LICENSEE, AND LICENSEE’S EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR WORDFENCE WILL NOT EXCEED THE MONIES PAID BY LICENSEE TO DEFIANT IN THE 12 MONTHS PRECEDING THE RELEVANT CLAIM OR $10, WHICHEVER IS GREATER.
" |
|
PENDING |
docbot Bot |
| Wordfence |
"In the event the Customer does not provide such notice within the sixty (60) day period, any claim with respect to such non-conformance shall be deemed waived.</p>
<p>TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE UNDERTAKING IN THIS PARAGRAPH IS DEFIANT’S ONLY WARRANTY CONCERNING THE SERVICES AND ANY DELIVERABLES, AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.</p>
<p>11.
Exclusion of Damages and Limitations on Liability.</p>
<p>(a) EXCEPT WITH RESPECT TO THE INDEMNITIES IN THE PRECEDING INDEMNIFICATION PARAGRAPH, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR SIMILAR DAMAGES.</p>
<p>(b) Except with respect to the indemnities in the preceding Indemnification Paragraph, Defiant’s aggregate maximum liability relating to the Services under this Agreement (regardless of form of action, whether in contract, negligence or otherwise) shall be limited to the compensation paid to Defiant for Services in the 12-month period immediately preceding the event giving rise to liability.</p>
<p>(c) " |
|
PENDING |
docbot Bot |
| FirstPromoter |
"IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SERVICE OR (B) ONE HUNDRED DOLLARS ($100).
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH THE SERVICE.
THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
" |
|
PENDING |
docbot Bot |
| Browsec Inc |
"You expressly agree that use of the Services is at your sole risk.</p>
</li>
<li> Limitation of Liability <p>Under no circumstances shall Browsec or its affiliates, contractors, employees, agents or third-party partners be liable under contract, tort, strict liability, negligence or otherwise for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
In no event shall the total liability of Browsec, for all damages, losses and causes of action arising out of or relating to this agreement or your use of the service exceed the amount paid by you, if any, during the twelve month prior to the date of the claim, or one hundred dollars, whichever is greater.</p>
</li>
<li> " |
|
PENDING |
docbot Bot |
| BattleVision Wrap |
"Termination &.
Cancellation
<br>We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases.
Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case we are not required to provide any refund or other compensation whatsoever.</p>
<p>Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.</p>
<p>SEE SECTION 27 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 24.</p>
<p>" |
|
PENDING |
docbot Bot |
| Lukka |
"7.3 Maximum Liability</p>
<p> </p>
<p>In no event shall our maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by you for use of the Site, Products, or Services for a period of more than three (3) months from the accrual of the applicable cause or causes of action.
Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.</p>
<p> </p>
<p>7.4 Right of Set Off</p>
<p> </p>
<p>" |
|
PENDING |
docbot Bot |
| Mistral AI |
"For any indirect, special, incidental, punitive, exemplary, incidental or consequential damages of any kind, even if informed of the possibility of such damages in advance.</li>
</ul>
<h3 id="122limitationofliability">12.2. Limitation of liability</h3>
<p><strong>Liability Cap for Free Services.</strong> To the extent permitted by law and subject to the applicable Terms of Service, in no event will Our total aggregate liability in connection with or under the Free Services, or Your use of or inability to use the Free services, exceed 100 euros.</p>
<p><strong>Liability Cap for Paid Services</strong>. To the extent permitted by law, the total aggregate liability of Mistral AI in respect of any Losses incurred by the Customer under or in relation to this Agreement will not exceed, in the aggregate, the lower of (i) the amount of the Fees paid or payable by the Customer in the twelve (12) calendar months preceding the date on which the first such event or events occurred or (ii) 10.000 euros.</p>
<p><strong>Multiple claims.</strong> The existence of one or more claims under this Agreement will not increase the above mentioned liability caps. You agree that any Losses or claim You may have under this Agreement can only be recovered once and any such claim will exhaust all and any other claims that might otherwise arise against Mistral AI in relation to which the Customer has been compensated or otherwise reimbursed.</p>
<p><strong>Legal action.</strong> " |
|
PENDING |
docbot Bot |
| Kible |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Home Run Inn Pizza |
"LIMITATION OF LIABILITY
<p>In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services.
" |
|
PENDING |
docbot Bot |
| BrainPop |
"OR TERMINATION OF ANY SERVICES OR ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.
IN NO EVENT SHALL OUR TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, TO US BY THE INJURED PARTY.
IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR " |
|
PENDING |
docbot Bot |
| Seamless Chex |
"Limitation of Liability and Damages</strong>
<br>
</li>
</ul>
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEAMLESS CHECKS, INC.
BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES IN CONNECTION WITH RELIANCE ON, USE OR MISUE OF INFORMATION CONNECTION WITH THE USE OF OUR SERVICES OR FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE OR DATA, ARISING OUT OF OR RELATED TO SEAMLESS CHEX’S WEB SITE OR THE USE OF SEAMLESS CHEX’S SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SEAMLESS CHECKS, INC.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
<br>
</p>
<p>Notwithstanding anything to the contrary, if Seamless Chex is found to be liable, its liability to you or to any third party is limited to the lesser of (a) the amount of fees in dispute not to exceed the total fees, which you paid to Seamless Chex in the 3 months prior to the action giving rise to the liability, or (b) $100.
The Service is controlled and operated from facilities in the United States.
Seamless makes no representations that the Service is appropriate or available for use in other locations.
" |
|
PENDING |
docbot Bot |
| Hemorrhoids |
"ERROR-FREE, OR THAT ANY POSSIBLE DEFECTS WILL BE
CORRECTED.
ALTHOUGH COMPANY STRIVES FOR COMPLETE PROTECTION OF CONFIDENTIAL INFORMATION, WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION THAT
CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED ON SITE WILL BE MAINTAINED.
</p>
<p>
COMPANY’S LIABILITY FOR PAYMENT TO YOU, FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID BY YOU AND RECEIVED BY COMPANY, IF ANY, WITHIN THE 60 DAYS PRECEDING THE DATE IN WHICH YOUR CLAIM AND/OR CAUSE OF ACTION FIRST BECOMES
KNOWN TO COMPANY.
</p>
<p>
" |
|
PENDING |
docbot Bot |
| Splunk |
"EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.
THE MAXIMUM LIABILITY OF SPLUNK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS/SUPPLIERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO SPLUNK TO ACCESS AND USE THE SITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.<br>
<br>
11.
" |
|
PENDING |
docbot Bot |
| Opencare |
"Opencare Parties reserve the right to assume the exclusive defense and control of any Claims.
You will not settle any Claims without, in each instance, the prior written consent of an officer of an Opencare Party.</p> 13.
Limitations of Liability.
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES.
OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE SERVICES OR THESE TERMS OF USE.
FOR ANY OTHER DAMAGES, OR TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES EXCEED $1,000, OR, IF YOU HAVE EXECUTED AN ORDER FORM WITH OPENCARE, THE TOTAL AMOUNT OF FEES PAYABLE BY YOU TO OPENCARE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT THAT GAVE RISE TO LIABILITY.
FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.</p> 14.
ARBITRATION AGREEMENT.
CLASS ACTION WAIVER <p>
<strong>PLEASE READ THESE PROVISIONS CAREFULLY, AS THEY AFFECT YOUR RIGHTS</strong>
</p>
<p>The laws of the State of New York shall govern these Terms of Use.
" |
|
PENDING |
docbot Bot |
| TraceMyIP |
"Limitation of Liability</b>
<br> To the full extent and as permitted by an applicable law, TraceMyIP will not be liable for any lost revenue, whether direct, indirect, incidental or a consequential, including damages, even if TraceMyIP operators and subsidiaries and affiliates should have been aware of that the damages had a possibility of occurrence, TraceMyIP's liability to Customers or any other entities for any loss or damages occurred as a result of demands, claims or actions related to this agreement will not exceed $350 (USD).</li>
<p>
</p>
<p>
</p>
<li>
<b>" |
|
PENDING |
docbot Bot |
| MsgSafe |
"Probe, scan or test the vulnerability of our site or services, breach their security or authentication measures, or take any action that imposes an unreasonable or disproportionately large load on our site infrastructure.</li>
</ul>
<p>Data collectors and trackers change, so our services will change too.
You acknowledge that our privacy services often include our blocking or interacting with third parties like advertisers, and that therefore our services will evolve when these third parties' methods and processes change.
For example, the online trackers our software blocks change as advertisers develop new tracking techniques and form new companies.
As such, our Site and Services are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
You agree that in any event, MsgSafe's liability is limited to fees you actually paid to us.</p>
<p>" |
|
PENDING |
docbot Bot |
| Policygenius |
"Other Insurance Products and Services. ANY AND ALL INSURANCE PRODUCTS QUOTED OR SOLD THROUGH THE SITE ARE THIRD-PARTY PRODUCTS AND ARE NOT OUR PRODUCTS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS, AND WE ACCEPT NO LIABILITY IN CONNECTION WITH SUCH PRODUCTS.
ALL SUCH PRODUCTS ARE PROVIDED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS.
ANY AND ALL QUESTIONS, CONCERNS OR DISPUTES WITH ANY SUCH PRODUCTS SHOULD BE RAISED WITH THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS AND NOT WITH US.</p>Limitation of liability<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE POLICYGENIUS PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE POLICYGENIUS PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE FEES PAID BY YOU WITHIN THE TWELVE (12) MONTHS PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
(B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.
" |
|
PENDING |
docbot Bot |
| Lazada |
"5.1.6.
if the Digital Good(s) are redeemed for less than its face value, there is no entitlement to cashback, cash or new Digital Good(s) equal to the difference between the face value and the amount redeemed;</p>
<p>" |
|
PENDING |
docbot Bot |
| Transistor |
"the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.</strong>
</p>
</li>
</ul>
<p>
<strong>This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.</strong>
</p>
<p>
<strong>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User.
The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction.
" |
|
PENDING |
docbot Bot |
| Copy.AI |
"LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COPY.AI OR ITS LICENSORS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>
<p>
<strong>(b)  .
 .
 .
 .
 .
 .
</strong>TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL COPY.AI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO COPY.AI FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COPY.AI, AS APPLICABLE.</p>
<p>
<strong>(c)  .
 .
 .
 .
 .
 .
</strong>" |
|
PENDING |
docbot Bot |
| Swurl |
"If you are based in the United Kingdom or European Economic Area, please see Appendix 1 instead.</p> 12.
LIMITATION OF LIABILITY <p>To the maximum extent permitted by applicable law, in no event shall we be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Site and Services, third party software and/or third party hardware used with the Site and Services, any conduct or content of any third party on the Site and Services, any content obtained from the Site and Services, unauthorized access, use or alteration of your transmissions or content, or otherwise in connection with any provision of this Agreement), even if we have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If this exclusion or limitation of liability is held inappropriate or unenforceable for any reason, our maximum liability for any type of damages shall not exceed $50.</p>
<p>" |
|
PENDING |
docbot Bot |
| RouteNote |
"<br>
<br> To the maximum extent permitted by applicable law, Routenote excludes all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which Routenote may otherwise have to you as a result of any error or inaccuracies in any content, the unavailability of the Site for whatsoever reason, and any representation or statement made on the Site.
<br>
<br> Routenote will not be liable for any loss or damage Routenote causes which Routenote could not reasonably anticipate when you started using the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its content.
<br>
<br> Under no circumstances shall Routenote’s aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any tracks) exceed the amount paid by you to Routenote for all Transactions.
<br>
<br> Notwithstanding any other provision of these terms and conditions, Routenote does not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by Routenote on the Site or for any other statutory rights which are not capable of being excluded.
</p> 11.
" |
|
PENDING |
docbot Bot |
| RouteNote |
"RouteNote does not seek to exclude or limit any liability for personal injury or death arising from RouteNote’s negligence.
fraud or fraudulent misrepresentation.
tax.
or any other liability to the extent the same cannot be excluded or limited by law.
7.2.
RouteNote’s liability in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty, tax or otherwise arising out of or in connection with this Agreement shall not extend to any loss of profits or any special, indirect or consequential loss or damage whatsoever.
7.3.
Subject to the provisions of clauses 7.1 and 7.2, in no event shall RouteNote’s liability (whether in contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under this Agreement shall not exceed the total amount received by RouteNote from you as payments of Fees as part of a premium account or RouteNote’s commission for sale of the Tracks as part of a standard account.
<b>8.
Third Party Obligations</b> 8.1.
" |
|
PENDING |
docbot Bot |
| IP2Location |
"WILL HEXASOFT BE LIABLE TO THE LICENSEE OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT OR SERVICES PROVIDED UNDER THIS AGREEMENT OR THE BREACH OF THIS AGREEMENT OR RELATING TO ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HEXASOFT'S LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY " |
|
PENDING |
docbot Bot |
| Pet Friend |
"TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
</p>
Liability for our Services<p>
WHEN PERMITTED BY LAW, The Pet Friend, AND The Pet Friend’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF The Pet Friend, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
" |
|
PENDING |
docbot Bot |
| Redash |
"REDASH PROVIDES SERVICE ON AN AS-IS BASIS AND SHALL NOT BE HELD LIABLE, TO THE EXTENT PERMITTED BY LAW, BY ANY CASE OF MISCONDUCT, NEGLIGENCE, GROSS NEGLIGENCE, MALICE OR ANY OTHER MEAN, TO ANY DAMAGES OR LOSS OF PROPERTY, VIRTUAL PROPERTY, REPUTATION AND BUSINESS REPUTATION, USER ACCOUNT INFORMATION INCLUDING LOGIN INFORMATION, LOSS OF PROFIT, LOSS OF GOOD NAME, ALL RESULTING FROM THE USE OR INABILITY TO USE REDASH’S SERVICES.
SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATION OF LIABILITY.
IN SUCH CASE, THEN REDASH’S LIABILITY SHALL BE LIMITED SOLELY TO THE SUMS PAID BY YOU TO REDASH DURING THE 12 MONTHS PRIOR " |
|
PENDING |
docbot Bot |
| Secret View |
"The assignment was not or not correctly done</p>
<p>b.  .
The survey was not or not correctly filled out</p>
<p>c.  .
The total amount spent was less than the shopping budget received</p>
<p>" |
|
PENDING |
docbot Bot |
| Byju's Future School |
"However, the Company explicitly disclaims any liability or responsibility in the event of such a circumstance.</p>
<p>Company will not be held responsible for any unethical, illegal acts performed by the Child on the advice of tutor and it shall be your responsibility to closely monitor the activities of your Child while accessing the Platform.</p>
<p>In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the Platform or any content provided on or through the Platform.</p>
<p>The Company facilitates educational and informational on an "as is" basis and is liable only to provide its services with reasonable skill and care.</p>
<p>The Company's liability for any and all claims in the aggregate, arising out of or related to your use of the Platform, shall not under any circumstances exceed the amounts actually paid by You to the Company for its Services.</p>
<p>External Sites have not been verified or reviewed by Company and all use and access of External Sites is made at your own risk.
" |
|
PENDING |
docbot Bot |
| Brave |
"Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied terms in contracts with consumers, so some or all of the exclusions of warranties and disclaimers in this section may not apply to you.</p>14.
Limitation of Liability<p>
<strong>(a) To the fullest extent permitted by applicable law:</strong>
</p>
<ul>
<li>
<strong>(i) in no event will Company or any of the Company Parties be liable to you for any indirect, special, incidental, consequential, or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable);</strong> and</li>
<li>
<strong>(ii) in no event will the aggregate liability of Company and the Company Parties (individually or jointly), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to the Services or these Terms exceed the total amount of BAT you contribute as part of the Services.</strong>
</li>
</ul>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Brave |
"12.
Limitation of Liability<p>
<strong>(a) To the fullest extent permitted by applicable law:</strong>
</p>
<ul>
<li>
<strong>(i) in no event will Company or any of the Company Parties be liable to you for any indirect, special, incidental, consequential, or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
and</strong>
</li>
<li>
<strong>(ii) in no event will the aggregate liability of Company and the Company Parties (individually or jointly), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to the Services or these Terms exceed the total amount of BAT you have received as publisher contributions.</strong>
</li>
</ul>
<p>
<strong>(b) The limitations set forth in Section 12(a) will not limit or exclude liability for the gross negligence, fraud or intentional, willful or reckless misconduct of Company.</strong>
</p>
<p>(c) " |
|
PENDING |
docbot Bot |
| Crunchyroll |
"OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.</p> 12.
Limitation of Liability.
<p>UNDER NO CIRCUMSTANCES WILL ELLATION OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES, Crunchyroll CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY Crunchyroll USER, ONLINE OR OFFLINE, WHETHER OR NOT ELLATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ELLATION'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF USE WILL NOT EXCEED $50.
" |
|
PENDING |
docbot Bot |
| DoubleTap Software |
"In addition, DoubleTap does not represent or warrant that our Services are accurate, complete, reliable, current or error-free.
While DoubleTap attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components.
You assume the entire risk as to the quality and performance of the Services.</p>
</li>
<li>
Limitation of Liability
<ul>
<li>
<strong>(a)</strong> DoubleTap Parties will not be liable to you under any theory of liability whether based in contract, tort, negligence, warranty, or otherwise”for any indirect, consequential, incidental, special damages or lost profits arising out of or in any way related to these Terms or our Services, even if DoubleTap or the other DoubleTap Parties have been advised of the possibility of such damages</li>
<li>
<strong>(b)</strong> The total liability of DoubleTap Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amounts paid by you to DoubleTap via the Services in the 6 months prior to the claim.</li>
<li>
<strong>(c)</strong> The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of DoubleTap Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
" |
|
PENDING |
docbot Bot |
| Safebase |
"DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE.
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
</p>
<p>
</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BEEN FORCEABLE WITH RESPECT TO YOU.
" |
|
PENDING |
docbot Bot |
| OMDb |
"15.
Limited Liability</b>
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
<b>" |
|
PENDING |
docbot Bot |
| SoundCloud |
"IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.</p>
<p>WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.</p>
Limitation of Liability
<p>IN NO EVENT SHALL SOUNDCLOUD’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 EURO OR THE AMOUNTS (IF ANY) PAID BY YOU TO SOUNDCLOUD DURING THE PREVIOUS TWELVE (12) MONTHS " |
|
PENDING |
docbot Bot |
| Wikipedia |
"We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.
</p>
<p>Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law.
</p>
15.
Limitation on Liability
<p>
<i>Highlighted for emphasis</i>
</p>
The Wikimedia Foundation will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage.
In no event shall our liability exceed one thousand U.S.
dollars (USD 1000.00) in aggregate.
In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.
" |
|
PENDING |
docbot Bot |
| GT Booster |
"If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
10.
LIMITATION OF LIABILITY <b>10.1</b> IN NO EVENT SHALL GT BOOSTER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, REGARDLESS OF CAUSE, INCLUDING LOSSES AND DAMAGES (i) RESULTING FROM LOSS OF USE, DATA, REPUTATION, REVENUE OR PROFITS.
(ii) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION.
(iii) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE OF, THE SERVICES AND SOFTWARE.<br>
<br>
<b>10.2</b> IN NO EVENT SHALL OUR TOTAL LIABILITY, IN ANY MATTER ARISING OUT OF OR IN CONNECTION TO THE TERMS, EXCEED THE GREATER OF (i) THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICES AND SOFTWARE DURING THE THREE-MONTH PERIOD PRECEDING THE DATE OF THE INITIAL CLAIM MADE AGAINST GT BOOSTER.
" |
|
PENDING |
docbot Bot |
| Geniuslink |
"For any information, software, products, services, and related graphics obtained through the use of our service.</p>
</li>
</ul>
<p>This provision is not intended to disclaim liability for our intentional or grossly negligent conduct.</p>
<p>This limitation may not apply to You if your loss occurs in any of the states or jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages.</p>
<p>If You are dissatisfied with any portion or aspect of the Genius Link Services or with any of these Terms of Service, your sole and exclusive remedy is to pursue an award through the dispute resolution procedures explained below.
You must also immediately discontinue using the Genius Link Services if You are dissatisfied.</p>
<p>Important: Our maximum liability to You will be the amount of subscription fees and other charges You have paid us within the relevant statute of limitation, unless that amount is increased by any relevant statutory multiplier or penalty.</p>
<p>" |
|
PENDING |
docbot Bot |
| Kurzweil 3000 |
"OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT SHALL KURZWEIL EDUCATIONS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR KURZWEIL EDUCATION INC.
</li>
<li> " |
|
PENDING |
docbot Bot |
| LexiaUK |
"14.3.3.
any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.</p>
<p>14.4.
Subject to condition 14.2, Lexia’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the price paid by the Customer to Lexia for the Publisher Products and Lexia Services in the 12 months immediately preceding the event (or last in a series of events) giving rise to the liability.</p>
<ol>
<li>
<strong> Term and Termination</strong>
</li>
" |
|
PENDING |
docbot Bot |
| The Fifth Person |
"OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE PRODUCTS, MATERIALS, WEBSITES, RECORDINGS OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE PRODUCTS, MATERIALS, WEBSITES, RECORDINGS.
" |
|
PENDING |
docbot Bot |
| Toddle |
"Service Provide will cater to this request within one week of receiving such a request.</p>
<p>7.4.
Service Provider will comply with applicable Data Protection Regulation as well as with its own, at each time applicable, Privacy Policy in relation to any Subscriber or User personal data that it may collect and process for the purposes of supplying the Service.
Service Provider will process any such personal data in accordance with Service Provider’s Privacy Policy, available online at https://www.toddleapp.com/pp/</p> 8.
LIMITATION OF LIABILITY <p>8.1.
Service Provider shall not be liable for any loss of profits, business, goodwill, revenue, sales, or data, or for any indirect, consequential, incidental or special loss or damages of any kind under or in connection with this Agreement, save where such loss or damage is due to Service Provider’s gross negligence or willful violation of the terms of this Agreement.
Notwithstanding aforesaid, the Service Provider’s maximum liability due to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of the Service, whether such liability arises from any claim based on breach or repudiation of contract, breach of warranty, negligence, tort, statutory duty, or otherwise, shall in no case exceed the equivalent of three (3) months in subscription fees for the relevant Subscription Period.
" |
|
PENDING |
docbot Bot |
| Docker |
"ARISING FROM THIS AGREEMENT, WHETHER UNDER THEORY OF CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.</b>
</p>
<p>
<b>14.2</b>
<b>Liability Cap</b>.
<b>THE TOTAL LIABILITY OF DOCKER ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE RELEVANT SERVICE UNDER THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.</b>
" |
|
PENDING |
docbot Bot |
| Chaty |
"You also agree that You have a duty to defend Us against such claims and We may require You to pay for an attorney(s) of our choice in such cases.
You agree that this indemnity extends to requiring You to pay for our reasonable attorneys’ fees, court costs and disbursements.
In the event of a claim such as one described in this paragraph, We may elect to settle with the party/parties making the claim and You shall be liable for the damages as though We had proceeded with a trial.
In no event shall We have any liability for any lost profits or revenues or for any indirect, special, incidental, consequential cover or punitive damages however caused.<br>
<br>
</li>
<li>
<strong>Liability</strong>
<br>
<br>
<ol>
<li>Limitation Of Liability.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL FEES PAID TO US BY YOU FOR USE OF THE SERVICE DURING THE PRECEDING THREE MONTH PERIOD OR IN THE EVENT OF AN ANNUAL FEE – AN AMOUNT EQUAL TO ONE QUARTER OF SUCH ANNUAL FEE.</li>
<li>Exclusion Of Consequential And Related Damages.
IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
" |
|
PENDING |
docbot Bot |
| Spam Radar |
"OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
</p> " |
|
PENDING |
docbot Bot |
| Splitwise |
"ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL SPLITWISE INC.
BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THIS AGREEMENT.</li>
<li>
<strong>Paid subscriptions:</strong> Some users may have access to purchasing "Splitwise Pro," a paid monthly or annual subscription that may include several extra features such as increased cloud storage, receipt scanning, reduced advertisements, and other additional features or services.
" |
|
PENDING |
docbot Bot |
| PCI Security Standards Council |
"RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COUNCIL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. .
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>
<p>THE COUNCIL’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE SERVICES SHALL NOT EXCEED TWENTY FIVE THOUSAND U.S.
DOLLARS ($25,000.00).
" |
|
PENDING |
docbot Bot |
| Bensound's |
"LIMITATION OF LIABILITY </strong>
</p>
<ol>
<li> 10.1 BENSOUND, ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD-PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE AND/OR FROM YOUR USE OF THE SERVICES, EVEN IF BENSOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
</li>
<li> 10.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, BENSOUND’S (INCLUDING ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID FOR THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS.
</li>
<li>  .
</li>
</ol>
<p>
<strong>11.
 .
" |
|
PENDING |
docbot Bot |
| turbovpn |
"ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, THE LIABILITY OF TURBO SHALL NOT EXCEED WHAT THE USER PAID TO TURBO AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE.
</p>
<p>11.
Indemnification</p>
<p> " |
|
PENDING |
docbot Bot |
| Roommates.com |
"or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.</p>
16.
Limitation of Liability
<p>Except where prohibited by law, in no event will Roommates or the Roommates Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services.
(b) the provision of the Services or any materials available therein.
or (c) the conduct of other users of the Services, even if Roommates has been advised of the possibility of such damages.
You assume total responsibility for your use of the Services.
Your only remedy against Roommates for dissatisfaction with the Services or any content is to stop using the Services.
If, notwithstanding these Terms, Roommates is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, Roommates' liability shall in no event exceed the amount you paid for the Services over the last 12 months, or $100.00, whichever is greater.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.</p>
17.
Arbitration Agreement.
" |
|
PENDING |
docbot Bot |
| Net Nanny applications |
"We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.</p>
<p> </p>
<p>13. <strong>Limitation of Liability</strong>.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00.</p>
<p> </p>
<p>14. <strong>ARBITRATION CLAUSE &.
" |
|
PENDING |
docbot Bot |
| Taimi |
"15.
LIMITATION OF LIABILITY</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TAIMI, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TAIMI, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TAIMI'S RECORDS, PROGRAMS OR SERVICES.
UNDER NO CIRCUMSTANCES WILL TAIMI'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR ANY PAID SERVICE PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS OR (2) $100.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAIMI BE LIABLE FOR ANY DAMAGES WHATSOEVER, " |
|
PENDING |
docbot Bot |
| tilda.cc |
"Liability 12.1.
The Administration shall not be liable for direct or indirect loss of profits of the User.<br>12.2.
Responsibility of the Administration under the Agreement shall not exceed the amount of the relevant Tariff paid by the User.<br>12.3.
In case the Administration receives claims, demands, and/or claims of violation of third parties' rights related to the violation of guarantees provided by the User, the latter shall assume liability for their settlement and compensate the Administration against damages.
" |
|
PENDING |
docbot Bot |
| sayweee |
"(ii) any transaction conducted through or facilitated by the Services.
(iii) any claim attributable to errors, omissions, deficiencies, or other inaccuracies in the Services.
(iv) any unauthorized access to, or use, disclosure or alteration of, your transmissions of data including, without limitation, your personal information or payment card information.
(v) statements or conduct of any third party on the Services.
or (vi) any other matter related to the Services, even if Weee! or a Weee! representative has been advised of the possibility of such damages.</p>
<p>Notwithstanding the foregoing, Weee!'s total liability to you (excluding any liability for injury to the person in the case of consumer goods), whether under contract, warranty, tort (including but not limited to negligent, but excluding grossly negligent, reckless and intentional, acts of Weee!), product liability, strict liability or any other theory, arising from these Terms or your access to and/or use of the Services for any reason whatsoever shall be limited in the aggregate to the total of all payments you have made to Weee! (if any) during the 30 day period preceding the date of such claim.
" |
|
PENDING |
docbot Bot |
| Resist Bot |
"and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party.
In no event shall Resistbot, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Resistbot hereunder or $100.00, whichever is greater.</p>
<p>This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Resistbot has been advised of the possibility of such damage.
" |
|
PENDING |
docbot Bot |
| Gameloop |
"AND EVEN IF THAT TENCENT PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. .
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE TENCENT PARTIES ARISING OUT OF
OR IN CONNECTION WITH THIS EULA OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL
AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR
APP OR SERVICE IN QUESTION DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE
EVENTS GIVING RISE TO SUCH LIABILITY.
" |
|
PENDING |
docbot Bot |
| Polytoria |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING .
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| woebot |
"THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>
<strong>Limitation of Liability.</strong> TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WOEBOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO WOEBOT IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND WOEBOT’S REASONABLE CONTROL.
" |
|
PENDING |
docbot Bot |
| Bloom |
"NEITHER BLOOM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, PRODUCTS OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OR PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, PRODUCTS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLOOM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>
<p>IN NO EVENT WILL BLOOM’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, PRODUCTS OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO BLOOM FOR USE OF THE SERVICES, PRODUCTS OR CONTENT OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BLOOM, AS APPLICABLE.
THE EXCLUSION AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLOOM AND YOU.</p>
<p></p>
<p>Dispute Resolution</p>
<p>" |
|
PENDING |
docbot Bot |
| FileSpace |
"REGARDLESS OF LEGAL THEORY, WHETHER OR NOT
COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A
REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(B) AGGREGATE LIABILITY FOR ALL CLAIMS
RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU
TO COMPANY FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
Some States
do not allow the types of limitations in this paragraph, so they may not apply
to You.</p>
<p>
<b>18.
</b>
<b>MODIFICATIONS
TO SERVICE</b>
</p>
<p>" |
|
PENDING |
docbot Bot |
| BoardGameGeek |
"loss, damage, corruption or recovery of data, or breach of data or system security;</strong>
</li>
<li>
<strong>failure or downtime of the Geek Websites, systems, or services in any way;</strong>
</li>
<li>
<strong>hacking, viruses, malware, or other physical or digital intrusions into our systems, including, for example, those that result in a data breach.
and</strong>
</li>
<li>
<strong>our breach of the Terms of Service;</strong>
</li>
</ul>
<strong>in any case, whether based on warranty, contract, tort or any other legal theory and whether or not BoardGameGeek or a related party is aware of or of advised the possibility of such damages.</strong>
<br>
<p>
<strong>You specifically agree that BoardGameGeek will not be liable for any other user’s content or any conduct of a third party and that you assume the full risk of harm or damage from such content and conduct.</strong>
</p>
<p>
<strong>In addition to the limitations above in this Section, the total aggregate dollar amount of BoardGameGeek’s liability to you shall not under any circumstances whatsoever exceed the total amount you have actually paid to BoardGameGeek for our services in the twelve (12) month period preceding the event giving rise to the claim.
If you have not paid BoardGameGeek any fees during the twelve (12) month period preceding the event giving rise to the claim, our total liability to you shall not exceed $100.
However, such limitations will not apply in the event an arbitrator or court of competent jurisdiction issues a final, binding order finding that your damages were caused by BoardGameGeek’s willful misconduct.</strong>
</p>
<strong>This Section does not affect any liability that cannot be excluded or limited under applicable law</strong>
<br>
<p>
</p> " |
|
PENDING |
docbot Bot |
| Deputy |
"HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNLESS YOU ARE ALSO A CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CONTRACT), YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE USER TERMS.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE.
THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. </p>
</li>
<li>
<p>Deputy Services are intended for use by businesses and organizations and not for consumer purposes.
" |
|
PENDING |
docbot Bot |
| Life Protect 24/7 |
"If JAG is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and Life Protect 24/7 both agree upon in writing or that is appointed pursuant to section 5 of the Federal Arbitration Act.
For any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you, and Life Protect 24/7 must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions.
and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
" |
|
PENDING |
docbot Bot |
| Grain |
"9.
LIMITATION OF LIABILITY</strong>
</p>
<p>9.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THESE TERMS, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY OR THIRD PARTY IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.</p>
<p>9.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, GRAIN’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OR OTHERWISE IN CONNECTION WITH ANY SUBSCRIPTION TO, OR USE OR EMPLOYMENT OF THE SERVICE, SHALL IN NO EVENT EXCEED THE SUBSCRIPTION CHARGES PAID BY YOU DURING THE TWELVE (12) MONTHS " |
|
PENDING |
docbot Bot |
| Deputy |
"This section 9 (Mutual Indemnification) comprises the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any third party claim described in this section.</p>
<b>
<br>
</b>10.
Limitation of liability<p>
<b>10.1 Limitation of Liability.
</b>IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DEPUTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER AND ITS AFFILIATES UNDER THIS AGREEMENT FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS BEFORE THE FIRST CAUSE OF ACTION AROSE.
FOR SERVICES PROVIDED FREE OF CHARGE, DEPUTY’S LIABILITY IS LIMITED TO US$100 IN THE AGGREGATE.
THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. </p>
<p>
<b>10.2 Exclusion of Consequential and Related Damages.
</b>NEITHER DEPUTY NOR ITS AFFILIATES WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USER TERMS FOR ANY LOST PROFITS, REVENUES OR GOODWILL OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS SUPPLIERS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR " |
|
PENDING |
docbot Bot |
| iTop Inc. |
"(B) THEFT OF PERSONALLY IDENTIFIABLE INFORMATION OR COST OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES, AND (C) DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR NEGLIGENCE OF ANY KIND, OR FOR ANY OTHER NONDIRECT DAMAGE OR LOSS.
</p>
<p> IN NO EVENT WILL OUR, OUR AFFILIATES’ OR OUR SUPPLIERS’ AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES EXCEED THE PRICE YOU PAID FOR THE APPLICABLE SOFTWARE OR SERVICES, OR US$ 10 (OR THE EQUIVALENT AMOUNT IN NATIONAL CURRENCY).
</p>
<p>Indemnification</p>
<p> " |
|
PENDING |
docbot Bot |
| Bon Voyaged |
"OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE.
IN NO EVENT SHALL BonVoyaged.com’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.<br>
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| PeopleLooker |
"(c) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA OR ANY OTHER INFORMATION ABOUT YOU MAINTAINED BY PEOPLELOOKER.
AND (d) ANY OTHER DISPUTE RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN, OR ANY OTHER PEOPLELOOKER PRODUCTS OR SERVICES.
THIS LIMITATION APPLIES TO ALL STATUTORY AND COMMON-LAW CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.</p>
<p>YOU HEREBY RELEASE PEOPLELOOKER AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS AND OTHER PARTNERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).
" |
|
PENDING |
docbot Bot |
| iTop Inc. |
"Limitation of Liability</p>
<p>YOU EXPRESSLY UNDERSTAND AND AGREE THAT ITOP INC.
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ITOP INC.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN NO EVENT WILL ITOP INC.'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT OF ACTUAL PRICE PAID BY YOU TO ITOP INC.
FOR THE SOFTWARE.
THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.</p>
<p>Advertising</p>
<p> Some of the iTop Inc.
Services are supported by advertising revenue and may display advertisements and promotions.
" |
|
PENDING |
docbot Bot |
| Crystal Knows |
"b.
No Indirect Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, EVEN IF SUCH PARTY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.</p>
<p>c.
Limitation of Liability.
EXCEPT FOR CUSTOMER'S LIABILITY FOR PAYMENT OF FEES AND CUSTOMER'S LIABILITY ARISING FROM ITS INDEMNITY OBLIGATIONS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO THE LESSER OF ONE HUNDRED DOLLARS OR THE TOTAL AMOUNTS ACTUALLY PAID BY CUSTOMER UNDER THE APPLICABLE ORDER FORM FOR THE SUBSCRIPTION SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.</p>
<p>d.
Third Party Products.
Crystal Project DISCLAIMS ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS USED BY CUSTOMER.
" |
|
PENDING |
docbot Bot |
| huggingface |
"⛔ Privacy <p>
<strong>Your privacy is paramount to us, and here is how we respect it.</strong>
</p>
<p>We will provide the Services in accordance with our <strong>Privacy Policy</strong> available at: https://huggingface.co/privacy.
</p> 🎓 Liability <p>
<strong>Our worst case scenario.</strong>
</p>
<p>Neither of us (or any of our affiliates, subsidiaries, contractors, licensors, officers, directors, agents, or employees ("Related Parties")) will <strong>be liable for any indirect, incidental, consequential, punitive, special, or other similar damages</strong>, including loss of revenue, profits, data, benefits, or savings, whether or not due to the fault or negligence of the company or related parties, and regardless of whether either of us or our related parties have been advised of the possibility of such damages or losses.
</p>
<p>
<strong>Either Party’s</strong> (and each Related Party’s) <strong>aggregate liability</strong> to the other Party or any third party in any circumstance will not exceed the amount that you <strong>paid us during the 12-month</strong> period immediately preceding the last claim (or <strong>$50</strong> if relating to a free service).
" |
|
PENDING |
docbot Bot |
| Send Anywhere |
"THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.</p>
<p>
<strong>11.
Limitation of Liability</strong>
</p>
<p>
</p>
<ol>
<li>UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL RAKUTEN SYMPHONY KOREA, OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY LICENSEE OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER RAKUTEN SYMPHONY KOREA HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.</li>
<li>NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, RAKUTEN SYMPHONY KOREA’S AGGREGATE LIABILITY TO LICENSEE OR ANY THIRD PARTY ARISING OUT THIS AGREEMENT, SHALL IN NO EVENT EXCEED ONE HUNDRED U.S.
DOLLARS ($100.00).
" |
|
PENDING |
docbot Bot |
| NudeVista |
"YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE.
IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO US, OR OWED BY US TO YOU, PURSUANT TO THESE TERMS.</p>
</li>
<li>Choice of Law and Venue <p>To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of Gibraltar without regard to conflict of law provisions.
" |
|
PENDING |
docbot Bot |
| ipify |
"Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
You may also have other legal rights, which vary from jurisdiction to jurisdiction.</p> Limitation of Liability <p>In no event shall GEO IPIFY, its affiliates, it suppliers, or any of their officers, directors, employees, agents, representatives, information providers, or licensors be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use IP Geolocation Hosted Webservice, even if GEO IPIFY has been advised of the possibility of such damages.
In any event, GEO IPIFY's cumulative liability to any user for any and all claims relating to the use of IP Geolocation Hosted Webservice shall not exceed the total amount paid by the user for IP Geolocation Hosted Webservice during the preceding three-month period.</p> Termination <p>You may terminate this Agreement by ceasing to use IP Geolocation Hosted Webservice and the IP Geolocation Properties.
GEO IPIFY reserves the right to terminate this Agreement (and/or your account) or discontinue IP Geolocation Hosted Webservice or any portion or feature thereof for any reason and at any time at its sole discretion.
" |
|
PENDING |
docbot Bot |
| Arcade Museum |
"OR
(v) ANY OTHER MATTER RELATING TO WEBMAGIC SERVICES.</p>
<p>
We cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services
or tools may be interfered with by numerous factors outside of our control.
Accordingly, to the extent legally permitted, we
exclude all implied warranties, terms and conditions.
We are not liable for any loss of money, goodwill or reputation, or any
special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites,
services, and tools.</p>
<p>
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not
apply to you.</p>
<p>
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited by the
greater of (a) the total fees you paid us in the 12 months prior to the action giving rise to the liability, (b) the total fees paid
by you to WebMagic directly related to the specific instance of service associated with or to the liability, or
(c) One Hundred Dollars (US$100).</p>
<p>
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.</p>
<p>
</p>
</li>
<li>
<u>
<b>EXCLUSIONS</b>
</u>
<p>
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY
EXCLUDED OR LIMITED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES.
" |
|
PENDING |
docbot Bot |
| The Advocates for Self-Government |
"NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE<br>
AMOUNT PAID, IF ANY, BY YOU TO US.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Thumbtack |
"and/or (b) within that time period, each time the total Fees accrued hit a certain dollar threshold.
" |
|
PENDING |
docbot Bot |
| Drlogy |
"We will process refund of the unexpended amount. </p>
<p>7.5.1 Refund Policy for Paid Consults</p>
<p>In case a Healthcare Practitioner (HCP) is not available to respond to a paid consult, You can report the issue to Drlogy and request for cancellation, post which Drlogy will process the refund amount equalling to the total actual amount paid by You, including any internet handling fees.
However, the refund will not include the discount value provided by Drlogy. </p>
<p>" |
|
PENDING |
docbot Bot |
| VXL |
"In no event will VXL, its successors, assigns, officers, agents, or employees be liable to any party for any damages in excess of the amount such party paid to VXL for the purchase of the hardware products hereunder, even if VXL has been informed of the possibility of such damages, or for any claim by any other such party. </p>
Limited lifetime customer hardware support .
<p>" |
|
PENDING |
docbot Bot |
| Ninja Kiwi |
"You are solely responsible for how you spend your time and money.
No communication whether written or oral shall supersede this Disclaimer of Warranties.</p>
<p>
<strong>Limitation of Liability.
Indemnification.
Force Majeure</strong>
</p>
<p>In no event will Ninja Kiwi, its directors, or its employees be liable for any damages whatsoever and without limitation, whether they be direct, indirect, punitive, commercial, intangible, or of any other type, arising from the use of the Application, Ninja Kiwi Login, or Services, regardless of whether the damages are foreseeable, even if Ninja Kiwi, its directors, and/or its employees have been advised of the possibility of such damages.
To the extent that the above limitation applied to its fullest extent in applicable jurisdiction assigns liability, that cumulative liability shall not exceed US$10.</p>
<p>" |
|
PENDING |
docbot Bot |
| Webcatalog |
"ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.</p>
Limitations of Liability
<p>IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $100.00.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| GrowthBook |
"Late payments may be subject to a service charge equal to the lesser of 1.5% per month of the amount due or the maximum amount allowed by law.</p>9.
TERM AND TERMINATION.<p>" |
|
PENDING |
docbot Bot |
| whataburger |
"UNLESS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WHATABURGER, ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, OWNERS, EMPLOYEES OR AGENTS (THE “WHATABURGER PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH THE USE, INABILITY TO USE, OR UNAVAILABILITY OF THE WHATABURGER ONLINE SERVICES.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED DAMAGES ARE BASED ON A CLAIM OR ACTION IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF DUTY, INDEMNITY, CONTRIBUTION OR OTHERWISE, EVEN IF THE WHATABURGER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
UNLESS OTHERWISE PROVIDED FOR IN THESE TERMS, IN NO EVENT SHALL THE WHATABURGER PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS AND THE USE OF THE WHATABURGER ONLINE SERVICES EXCEED THE TOTAL DOLLAR VALUE OF AN INDIVIDUAL ORDER.
Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.
" |
|
PENDING |
docbot Bot |
| Quilgo |
"you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).</p>
<p> 16.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.</p>
<strong> 17.</strong>
<strong> " |
|
PENDING |
docbot Bot |
| NXi |
"Limits on Liability
<p>
<em>
<strong>Neither we nor our suppliers will be liable to you for breach-of-contract damages their personnel could not have reasonably foreseen when you agreed to these terms.</strong>
</em>
</p>
<p>
<em>
<strong>As far as the law allows, the total liability to you for claims of any kind that are related to the forum or content on the forum will be limited to $50.</strong>
" |
|
PENDING |
docbot Bot |
| Pornpics |
"16.3 If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website.
The maximum liability of the Company and its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers to you for any claim will not exceed the greater of $500 and the amount you have paid to the Company for the applicable purchase out of which liability arose even if the remedy fails of its essential purpose.</li>
</ol>
</li>
<li>17.
<strong>Scope of Disclaimers, Exclusions, and Limits</strong>
<p>The disclaimers, exclusions, and limits stated in sections 14, 15, and 16 apply to the greatest extent allowed by law, but no more.
" |
|
PENDING |
docbot Bot |
| itslearning |
"AND REDUCED RESPONSE TIME, FOR ,TECHNICAL OR OTHER CAUSES.
,(3) ITSL SHALL NOT BE RESPONSIBLE FOR ANY INFRINGEMENT ,OF THE COPYRIGHT OF A THIRD PARTY IN RESPECT OF ,INFORMATION MADE AVAILABLE IN OR THROUGH THE ,SERVICE BY THE CUSTOMER.
,(4) ITSL UNDERTAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ,ALL LIABILITY ARISING FROM, ANY DEFECTS OR FAILURES IN ,itslearning –Terms and Conditions, October2020,11of 16,ANY COMMUNICATIONS LINES, THE INTERNET OR INTERNET ,SERVICE PROVIDER, THE COMPUTER HARDWARE OR ,SOFTWARE OF CUSTOMER OR ITS AUTHORIZED USERS, OR ,ANY OTHER SERVICE OR DEVICE USED TO ACCESS THE ,SOFTWARE OR TO AUTHENTICATE ANY USER AS AN ,AUTHORIZED USER.
,CUSTOMER ACKNOWLEDGES AND AGREES THAT ITSL IS NOT ,RESPONSIBLE FOR THE CUSTOMER DATA AND/OR ANY THIRD-,PARTY CONTENT, AND ITSL SHALL NOT BE LIABLE FOR ANY ,LOSSES OR DAMAGES RESULTING FROM RELIANCE ON ANY ,SUCH INFORMATION OR DATA UNDER ANY CIRCUMSTANCES.
,(5) SUBJECT TO THE LIMITATIONS SET OUT IN THIS CLAUSE 5.2, ,THE MAXIMUM AGGREGATE LIABILITY OF ITSL UNDER THIS ,AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED 50 % ,OF THE YEARLY SERVICE FEE PAID BY CUSTOMER HEREUNDER.,5.4 Indemnification/Customer Representations,(1) Requisite Authority.
" |
|
PENDING |
docbot Bot |
| Mural |
"This Section 16 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any third party claim described in this section notwithstanding anything to the contrary in this Agreement.</p>
<p></p>17.
LIMITATIONS OF LIABILITY<p>
<strong>17.1 </strong>NOTWITHSTANDING ANYTHING IN OUR TERMS OF SERVICE TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF INCOME, PROFITS, OR REVENUE, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE.</p>
<p>
<strong>17.2 </strong>EXCEPT FOR THE EXCLUDED LIABILITIES, NOTWITHSTANDING ANYTHING IN OUR TERMS OF SERVICE TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER’S ACCESS TO AND USE OF THE SERVICES EXCEED THE TOTAL FEES PAID BY CUSTOMER FOR THE SERVICES UNDER WHICH THE CLAIM AROSE IN THE TWELVE " |
|
PENDING |
docbot Bot |
| post.news |
"11.
Limitation of Liability<p>EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL POST AND/OR ANY OF THE POST AFFILIATES AND/OR SUBSIDIARIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICES, USE OR INABILITY TO USE THE SERVICES, FAILURE OF THE SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, LOSS OF DATA OR PROFITS, THE PERFORMANCE OR FAILURE OF POST TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF POST BY ANY OTHER CAUSE WHATSOEVER (INCLUDING CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE), INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS.</p>
<p>IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF SERVICE, POST IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY MATERIALS, POST'S LIABILITY TO THE EXTENT PERMITTED BY LAW SHALL IN NO EVENT EXCEED US$100.00.
" |
|
PENDING |
docbot Bot |
| itslili |
"Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.</p>
<p> </p> Limitation of Liability <p>Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the service.
To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
" |
|
PENDING |
docbot Bot |
| BridgeComposer |
"Upon termination, Your right to use the Service will cease immediately.</p>
Limitation of Liability
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
In these states, each party's liability will be limited to the greatest extent permitted by law.</p>
"AS IS" and "AS AVAILABLE" Disclaimer
<p>The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.
" |
|
PENDING |
docbot Bot |
| Ulule |
"The amount of late-payment interest will be equal to the product of the amount unpaid multiplied by the above-mentioned legal interest rate and the number of days late over 365.</p>
<p> </p>12. Term and Termination .
<p>The Framework Contract is entered into for an indeterminate period.
" |
|
PENDING |
docbot Bot |
| heictojpg |
"(II) ANY LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS.
(III) ANY LOSS OF, OR DAMAGE TO DATA, REPUTATION, REVENUE OR GOODWILL.
AND/OR (IV) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
</p>
<p>11.2.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BEAMR, ITS AFFILIATES OR ITS THIRD-PARTY PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SITE AND THE SERVICE), EXCEEDTHE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU (IF ANY) FOR IN THE 6 MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
</p>
<p>11.3.
THE FOREGOING EXCLUSIONS AND LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION 12 SHALL APPLY: (I) EVEN IF BEAMR, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES.
" |
|
PENDING |
docbot Bot |
| Invisv |
"To the fullest extent permitted under applicable law:
(a) Company will not be liable for any indirect, incidental,
consequential, special, exemplary or punitive damages of any kind, under
any contract, tort (including negligence), strict liability or other
theory, including damages for loss of profits, use or data, loss of
other intangibles, even if advised in advance of the possibility of such
damages or losses.
(b) without limiting the foregoing, Company will not
be liable for damages of any kind resulting from your use of or
inability to use the Site or from any Products or Third Party Materials,
including from any Virus that may be transmitted in connection
therewith.
(c) your sole and exclusive remedy for dissatisfaction with
the Site or any Products or Third Party Materials is to stop using the
Site.
and (d) the maximum aggregate liability of Company for all
damages, losses and causes of action, whether in contract, tort
(including negligence) or otherwise, will be the total amount, if any,
paid by you to Company to use the Site.
All limitations of liability of
any kind (including in this section and elsewhere in this Agreement) are
made for the benefit of both Company and the Affiliated Entities, and
their respective successors and assigns.</p>
<p>
<strong>Indemnity</strong>.
" |
|
PENDING |
docbot Bot |
| Rocket Money |
"In no event will Rocket Money's or its affiliates', contractors', employees', agents', or service providers’ (including payment card networks’ and payment processors’) total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Rocket MoneyCard Linked Offers Program (whether in contract, tort including negligence, warranty, or otherwise) exceed $100.</p>
<p></p>
<strong>Rocket Money Autopilot Savings </strong>
<p>When you enroll in Autopilot Savings .
" |
|
PENDING |
docbot Bot |
| Lexology.com |
"Our liability, and the liability of any company within our group of companies and all their respective</p>
<p>agents, employees and sub-contractors to you or any other party for any losses or damages whatsoever arising in connection with our site or any Publication (whether under these terms of use or other contract or in consequence of their misrepresentation, misstatement or tortious act or omission including negligence) is limited to damages of an amount equal to the subscription fee paid by you for the year in which the right of action arises or, in respect of free to use areas of the site, to £50.</p>
<p>" |
|
PENDING |
docbot Bot |
| Mercury |
"AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL MERCURY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MERCURY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
" |
|
PENDING |
docbot Bot |
| Beeper |
"OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
" |
|
PENDING |
docbot Bot |
| Mercury |
"whether or not we were advised of the possibility of such damage, and regardless of whether such damages were foreseeable.
Our maximum liability to you under this agreement is limited to $100.00, not including any amounts we owe you under Section 2D.
This limitation applies regardless of the legal theory on which your claim is based.
C.
Indemnification.
" |
|
PENDING |
docbot Bot |
| living your best life |
"Notwithstanding this disclaimer, if we are found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then our liability will in no event exceed, in total, the sum of $100.00.
<br>
<br>
CONTENT DISCLAIMER
The information on the web site is intended solely as a general educational aid.
It's not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts.
" |
|
PENDING |
docbot Bot |
| CFI Education |
"Liability Exclusions/Limitations:</strong> .
Notwithstanding any other provision of these Terms of Service or any Other Agreements, and to the fullest extent permitted by applicable law: (a) in no event and under no circumstances will CFI Group be liable to you or any other person for any personal injury, emotional distress or any damage or loss (including direct, indirect, incidental, consequential, special, punitive or exemplary damage or loss, loss of profit, loss of revenue, loss of data or information, loss of use, loss of privacy, loss of business, loss of opportunity, loss of productivity or any other commercial damage or loss) arising form, connected with or relating to Accounts or Products (including your use or inability to use your Account or Products) or any related matter.
and (b) if notwithstanding the foregoing or any other provision of these Terms of Service or any Other Agreements CFI Group is liable to you or any other person, then in no event and under no circumstances will CFI Group’s total aggregate liability arising from, connected with, or relating to Accounts or Products or any related matter ever exceed the lesser of: (1) the fees that you actually paid to CFI during the three (3) months immediately before the date on which the liability arose.
" |
|
PENDING |
docbot Bot |
| florida today |
"A parent may review and have deleted their child’s Personal Information, and may refuse to permit further collection or use of their child’s information by contacting us as noted at the end of this Privacy Policy.
Parents may consent to our collection and use of their child’s Personal Information without consenting to the disclosure of that information to others. </p>
<p>If you have reason to believe that a child under the age of 13 (or 16) has provided Personal Information "Contact Us" below with sufficient detail to enable us to delete that information from our databases.</p>LIMITATION OF LIABILITY <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OUR USE OFPERSONAL INFORMATION, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, AND THE MAXIMUM AMOUNT OF DAMAGES FOR WHICH WE WILL BE LIABLE UNDER THIS AGREEMENT WILL BE THE GREATER OF THE FEES YOU PAID FOR ANY PRODUCT IN CONNECTION WITH WHICH YOU PROVIDED YOUR PERSONAL INFORMATION, OR $100.
(BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH JURISDICTIONS, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, THREATENING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF OUR PRODUCTS.
" |
|
PENDING |
docbot Bot |
| network-auth.com |
"Hardware not meeting thiswarranty will ,be, at Cisco Meraki’soption, (a) repaired, (b) replaced, or (c) Cisco Meraki will refund You the depreciated ,amount of the price You paid for such Hardware, calculated on a straight-line, five-year basis.
" |
|
PENDING |
docbot Bot |
| neeva |
"15.
Limitation of Liability.</strong>
</p>
<p>
<strong>(a) </strong>TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER NEEVA NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEEVA OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>
<p>
<strong>(b) </strong>TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL NEEVA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO NEEVA FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO NEEVA, AS APPLICABLE.</p>
<p>
<strong>(c) </strong>THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEEVA AND YOU.</p>
<p>
" |
|
PENDING |
docbot Bot |
| Signal Community |
"15.
Limitation of Liability <p>In no event will company_short_name, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to company_short_name under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Netify |
"Limitation of Liability <p> You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s).
We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.
" |
|
PENDING |
docbot Bot |
| funnelleadsystem |
"(III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF PRICELESS POSSIBILITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.<br>
<br> (a) THE AGGREGATE LIABILITY OF PRICELESS POSSIBILITIES AND THE PRICELESS POSSIBILITIES AFFILIATES, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO PRICELESS POSSIBILITIES DURING THE TERM OF THIS AGREEMENT FOR ANY PRICELESS POSSIBILITIES SERVICE OR TECHNOLOGY.<br>
<br> (b) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| SmartRent |
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL COMPANY'S LIABILITY EXCEED FIVE HUNDRED DOLLARS ($500).
" |
|
PENDING |
docbot Bot |
| Study Stream |
"the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.</strong>
</li>
</ul>
<p>
<strong>This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.</strong>
</p>
<p>
<strong>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User.
The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction.
" |
|
PENDING |
docbot Bot |
| Foresight |
"In short, your use of our Product and Services is at your own risk.</p>
<p>TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE PRODUCTS AND SERVICES.
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.</p>
<p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.</p>
<p>OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS AND SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO US FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.</p>
" |
|
PENDING |
docbot Bot |
| H&R Block |
"Limitations on Liability and Damages.</u>
</strong>
</p>
<p>9.1 <strong>Exclusive remedy.</strong> EXCEPT AS EXPRESSLY PERMITTED BY SECTION 7, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF H&R BLOCK AND ITS LICENSORS, H&R BLOCK AFFILIATES AND FRANCHISEES WITH RESPECT TO YOUR USE OF THE PRODUCTS AND SERVICES WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO H&R BLOCK FOR THE PRODUCTS AND SERVICES.
IN NO EVENT WILL H&R BLOCK, H&R BLOCK AFFILIATES, LICENSORS OR FRANCHISEES " |
|
PENDING |
docbot Bot |
| back4app |
"ABOVELIMITATIONMAY NOT APPLYTOYOU.,IN NO EVENT WILLBACK4APP’S TOTALLIABILITYARISING OUTOF OR IN CONNECTION WITH THESE TERMS,OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO,BACK4APP FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY,PAYMENTOBLIGATIONSTOBACK4APP, ASAPPLICABLE.,THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE,BASISOF THE BARGAINBETWEENBACK4APPANDYOU.,20.DisputeResolution,20.1.GoverningLaw,These Terms and any action related thereto will be governed by the laws of the State of California without,regardtoitsconflictof laws provisions." |
|
PENDING |
docbot Bot |
| Goodbudget |
"LIMITATION ON LIABILITY.<p>YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAYSPRING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND USERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, COSTS, LOSSES OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DAYSPRING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES.
(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
(c) ANY OTHER MATTER RELATING TO THE SERVICES.</p>
<p>IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DAYSPRING ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED THE EQUIVALENT OF ONE (1) PERIOD OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU.</p>15.
EXCLUSIONS AND LIMITATIONS.<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| FTL |
"Limitation of Liability</p>
<p>IN NO EVENT WILL THE FTL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FTL ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.</p>
<p>
<br>
</p>
<p>EXCEPT AS PROVIDED IN SECTION 24.4(iii), THE AGGREGATE LIABILITY OF THE FTL ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THIS EULA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO FTL FOR ACCESS TO AND USE OF THE SERVICE IN THE 3 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM.
" |
|
PENDING |
docbot Bot |
| Keepinfit |
"DAMAGES (EVEN IF THE ABOVE LISTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.<br>
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE WEBSITE, US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY THE ABOVE LISTED PARTIES DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.
" |
|
PENDING |
docbot Bot |
| ClickMeeting |
"ClickMeeting exercises no control over and specifically denies any responsibility for the Content, accuracy, or quality of the Content and other information and/or data passing through its network or the Service provided, as well as for any messages received or transactions entered into through the Service.</p>
<p>To the greatest extent permitted by law neither ClickMeeting nor its agents, employees, directors, officers, or suppliers shall be liable for any indirect, special, incidental, or consequential loss or damage (even if ClickMeeting has been advised of the possibility of such a loss) or for loss of business revenue, loss of profits, loss of data, damage to reputation, pure financial loss or other commercial or economic loss or for any claim against the User by any third party resulting from or arising in any connection with the use, misuse, or inability to use the Service or from unauthorized access to or alteration of transmission or Content.</p>
<p>ClickMeeting's total liability, regardless of the number and legal basis of the User's or third party's claims, including those resulting from the Data Processing Agreement concluded with the User, shall be limited to the total amount paid by the User for the Service during the 12 (twelve) months immediately preceding the date on which the event causing damage occurred.
In the case of Users using only the free version of the Service, the total limit of ClickMeeting's liability corresponds to the equivalent of twelve times the monthly net price of the cheapest type of paid Account offered by ClickMeeting on the date such User creates an Account.
The User hereby releases ClickMeeting from any liability exceeding the limits provided for in this Chapter.</p>
<p>The limitations, exclusions, and disclaimers in this Agreement shall apply irrespective of the nature of the cause of action, demand, or claim by the User or a third party, including, without limitation, breach of contract, negligence, tort, strict liability, or any other legal theory and shall survive a fundamental breach of this Agreement.</p>
<p>ClickMeeting is not liable for damages resulting from:</p>
<ul>
<li>any delay or failure in performance due to Force Majeure (the Force Majeure shall be deemed as an exceptional occurrence, caused by an external factor which cannot be foreseen and which could not be prevented.
" |
|
PENDING |
docbot Bot |
| Australia Post |
"postagein relation to an articlethat is in the course of carriage or that has been ,delivered by post means the amount by which the postagethat has been paid on the article,is less than the postage that is required to have been paid.,deliveryincludes " |
|
PENDING |
docbot Bot |
| Waldo Vision |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| mac of all trades |
"the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.</strong>
</li>
</ul>
<p>
<strong>This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.</strong>
</p>
<p>
<strong>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User.
The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction.
" |
|
PENDING |
docbot Bot |
| WXYZ |
"UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THESE TERMS OF USE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE SERVICE CONTENT IS TO STOP USING THE SERVICES.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SERVICES OR ANY LINKS ON THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SERVICES OR ANY LINKS ON THE SERVICES.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE SERVICES.<br>
<br>(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY COMPANY DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.
" |
|
PENDING |
docbot Bot |
| Next Admit |
"YOU AGREE TO HOLD US HARMLESS AND INDEMNIFY US AGAINST ANY CLAIMS RELATED TO THE SERVICES, PAYMENT PROBLEMS, CANCELLATIONS, RELATED TO THE SERVICES OR ANY AND ALL ACTIVITIES OF ANOTHER USER, IT BEING UNDERSTOOD THAT WE DO NOT GUARANTEE ANYTHING, AND WE CONDUCT NO DUE DILIGENCE ON CUSTOMERS.</p>
<p>TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL NEXT ADMIT (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.</p>
<p>15.
Advertising.
" |
|
PENDING |
docbot Bot |
| Advance Local Media |
"WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED OR ARISING OUT OF THE AGREEMENT, THE SERVICE, CONTENT, THE SALE, PURCHASE, RECEIPT, USE OR MISUSE OF ANY PRODUCT, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE SERVICE OR ANY CONTENT OR PRODUCT, INCLUDING DAMAGE TO YOUR DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, CONTENT OR PRODUCTS, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE, CONTENT OR ANY OF THE PRODUCTS AVAILABLE ON OR THROUGH THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| flexjobs |
"FlexJobs cannot guarantee and does not promise any specific results from the use of FlexJobs.
No advice or information, whether oral or written, obtained by a User from FlexJobs shall create any warranty not expressly stated herein.</p>
<p>FLEXJOBS' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY FLEXJOBS SITE OR YOUR USE OF THE FLEXJOBS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $50.</p>
<p>" |
|
PENDING |
docbot Bot |
| connectify.me |
" IF ANY IMPLIED WARRANTY MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY IS LIMITED TO 30 DAYS FROM THE DATE YOU ACQUIRED THE SOFTWARE FROM US OR OUR AUTHORIZED DISTRIBUTOR.</li>
<li>LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, AGENTS OR DISTRIBUTORS (COLLECTIVELY, “CONNECTIFY”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN ANY CASE, THE CONNECTIFY’S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR SOFTWARE PRODUCT, AS DETERMINED AT CONNECTIFY’S SOLE DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES.
" |
|
PENDING |
docbot Bot |
| newsasfacts |
"The arbitration shall be conducted by a single, neutral arbitrator.
Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.
" |
|
PENDING |
docbot Bot |
| newsasfacts |
"The arbitration shall be conducted by a single, neutral arbitrator.
Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.
" |
|
PENDING |
docbot Bot |
| cutout.pro |
"This does not apply in cases of loss of life or damage to the health of a person.
</p>
<p> 8.3 The liability of the Operator is in any case limited to the amount that the Customer has paid in ongoing fees in the last 3 months before the event giving rise to liability.
</p> 9.
Confidentiality and data privacy <p> 9.1 As a matter of principle, cutout.pro does not process any personal data.
" |
|
PENDING |
docbot Bot |
| Global virtual opportunities |
"Further, in the event that the commissions due the affiliate are insufficient to cover any sums, the affiliate agrees to pay the full amount to Global Virtual Opportunities.</p>
<p>c) IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE TERMS AND CONDITIONS ARE HELD TO BE UNENFORCEABLE, Global Virtual Opportunities LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT, SERVICE, AND " |
|
PENDING |
docbot Bot |
| A Place for Mom |
"ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OUR ACTS OR OMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITES AND/OR SERVICES, REGARDLESS OF THE LEGAL THEORY, INCLUDING WITHOUT LIMITATION TORT, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY US OR ANY ASSOCIATED PARTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS “LIMITATION OF LIABILITY” SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF APFM OR THE ASSOCIATED PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE COMPLETE SITE EXCEED THE GREATER OF USD $50.00 OR ANY COMPENSATION YOU PAY, IF ANY, TO APFM FOR ACCESS TO OR USE OF THE SITE AND/OR SERVICES.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE APFM OR THE ASSOCIATED PARTIES’ LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
SOME JURISDICTIONS (SUCH AS WASHINGTON STATE) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>
INDEMNIFICATION
<p>" |
|
PENDING |
docbot Bot |
| Dryad |
"Further, to the extent permitted by law, the parties agree that the maximum liability of the Dryad Parties to any Purchaser, Submitter or User hereunder shall not exceed the fees (other than Purchaser's membership fees or Submitter's indemnity) paid by the relevant Purchaser, Submitter or User to Dryad in the last year hereunder.
In the case of Users who have paid no such fees, if the law of the relevant jurisdiction bars zero damages, the maximum liability of the Dryad Parties shall be $50.00.</p>
<p>
<strong>Dryad is not responsible for the actions of other persons and entities, including without limitation, the Content submitted by Submitters and the use of such Content.</strong>
</p> " |
|
PENDING |
docbot Bot |
| Lover App Inc |
"THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A LOVER APP PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A LOVER APP PARTY’S NEGLIGENCE.
OR FOR (B) ANY INJURY CAUSED BY A LOVER APP PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.</p>
<p></p>
<p>11.2.
Cap on Liability.
UNDER NO CIRCUMSTANCES WILL LOVER APP PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO LOVER APP BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) " |
|
PENDING |
docbot Bot |
| ShopGoodwill |
"WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF GOODWILL FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THIS WEBSITE, OR OTHERWISE RELATING TO YOUR USE OF THIS WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO GOODWILL FOR USE OF THIS WEBSITE, PRODUCTS OR SERVICES.</p>
<p>THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL: (I) ONLY APPLY TO THE EXTENT PERMITTED BY LAW, AND (II) NOT APPLY TO (A) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (B) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS.</p>
<p>
<strong>Release and Indemnification</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| QuestionPro |
"SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES.
IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.</p> 16.
LIMITATION OF LIABILITY <p>IN NO EVENT SHALL QuestionPro, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES (OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR INFORMATION POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICES, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) US$500.00.
" |
|
PENDING |
docbot Bot |
| RegattaCentral |
"Limitations of Liability.
<p>YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF REGATTACENTRAL.
IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES UNDER DISPUTE.
WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES.
THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.</p>
</li>
<li> " |
|
PENDING |
docbot Bot |
| ChatBot |
"To the fullest extent permitted by law, in no event shall LiveChat be liable under this Agreement for any indirect, incidental, special, consequential or exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, business, revenues, data or other intangible losses, in each case, even if the party knew or should have known that such damages were possible and even if a remedy fails of its essential purpose.</p>
<p>10.2 Limitation on amount of Liability.
LiveChat shall only be liable for direct damages excluding any situation for which we are not responsible or which are caused by events outside our reasonable control.
However, in no event, shall LiveChat’s aggregate liability under the Agreement or an applicable Order Form exceed the total amount paid by the Client to LiveChat hereunder for use of the paid Services during the maximum 12 (twelve) months prior to the liability event.
The foregoing limitation will not limit the Client’s payment obligations under the Agreement.</p>
<p>What that means for you?</p>
<p>We both agree that our total liability hereunder will be limited to the amount paid by you for the use of the paid Services during the maximum twelve (12) months prior to the liability event.
</p> 11.
Final provisions
<p>11.1 If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.</p>
<p>" |
|
PENDING |
docbot Bot |
| Treace Medical Concepts |
"TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT APPLICABLE OR IS PROHIBITED UNDER APPLICABLE LAW, NONE OF THE TREACE PARTIES WILL BE LIABLE FOR TOTAL DAMAGES FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, AND/OR THE WEBSITES IN AN AGGREGATE AMOUNT GREATER THAN $500.</p>
<p>
<strong>7.3  .
Limitations in Certain Jurisdictions.</strong> SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| BankNorth |
"YOUR USE OF THE SOFTWARE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>12.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MFOUNDRY OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED.
IN ANY CASE, THE LICENSOR’S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>13.
Miscellaneous.
" |
|
PENDING |
docbot Bot |
| Piwik PRO |
"In the event Hosting does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.</p>
Service Credits
<p>Service Credit is calculated as a percentage of the total charges paid by you for Hosting for the billing cycle in which the error occurred in accordance with the schedule below.</p>
<ul>
<li>" |
|
PENDING |
docbot Bot |
| SoFi |
"Neither you nor SoFi intend to establish an employment relationship, and you are not entitled to any benefits.
If the cumulative welcome or referral bonuses paid to an individual in one calendar year exceed $599 USD, then we may require completion of a Form W-9 prior to fund disbursement.
" |
|
PENDING |
docbot Bot |
| ButcherBox |
"ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BUTCHERBOX, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BUTCHERBOX’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BUTCHERBOX AND THE OTHER BUTCHERBOX PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE BUTCHERBOX MARKET EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS.
AND (B) THE ORDER, RECEIPT OR USE OF PRODUCTS, OR ACCESS OR USE OF THE SERVICES OR CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE BUTCHERBOX AND THE OTHER BUTCHERBOX PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, " |
|
PENDING |
docbot Bot |
| Home Title Lock |
"THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT SHALL HOME TITLE LOCK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR TORT EXCEED (A) THE AMOUNT PAID BY YOU TO HOME TITLE LOCK OR ITS AFFILIATE, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS).
</p>
<p>YOU AND HOME TITLE LOCK AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.
" |
|
PENDING |
docbot Bot |
| USA TODAY |
"A parent may review and have deleted their child’s Personal Information, and may refuse to permit further collection or use of their child’s information by contacting us as noted at the end of this Privacy Policy.
Parents may consent to our collection and use of their child’s Personal Information without consenting to the disclosure of that information to others. </p>
<p>If you have reason to believe that a child under the age of 13 (or 16) has provided Personal Information "Contact Us" below with sufficient detail to enable us to delete that information from our databases.</p>LIMITATION OF LIABILITY <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OUR USE OFPERSONAL INFORMATION, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, AND THE MAXIMUM AMOUNT OF DAMAGES FOR WHICH WE WILL BE LIABLE UNDER THIS AGREEMENT WILL BE THE GREATER OF THE FEES YOU PAID FOR ANY PRODUCT IN CONNECTION WITH WHICH YOU PROVIDED YOUR PERSONAL INFORMATION, OR $100.
(BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH JURISDICTIONS, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, THREATENING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF OUR PRODUCTS.
" |
|
PENDING |
docbot Bot |
| Save the Children Federation |
"YOU SPECIFICALLY ACKNOWLEDGE THAT SAVE THE CHILDREN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU</b>.</p>
<p>
<b>5.
LIMITATION OF LIABILITY</b>
</p>
<p>
<b>TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SAVE THE CHILDREN OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF SAVE THE CHILDREN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, THE ENTIRE LIABILITY OF SAVE THE CHILDREN AND ITS SUPPLIERS/LICENSORS UNDER THESE TERMS OF SERVICE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE</b>.</p>
<p>" |
|
PENDING |
docbot Bot |
| Co:Writer |
"Limitation of Liability.
Under no circumstances shall DJI, or its Directors, Officers, Employees or Agents be liable to you for any incidental, indirect, special or consequential damages, or punitive damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of or relating to Co:Writer Universal or your use, your reliance on the Co:Writer Universal, modification, production, delivery, misuse or inability to use the Co:Writer Universal or any portion thereof, whether under a theory of contract, warranty, tort (including negligence), products liability or otherwise, even if DJI or DJI’s Authorized Representative has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any remedy, some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the the above limitation or exclusion may not apply to you.
In no event shall DJI’s total liability to YOU for all damages, losses and any cause of action whatsoever (whether in contract, tort (including negligence) or otherwise exceed the price paid by You in the twelve month period preceding this applicable claim for the use of Co:Writer Universal.
" |
|
PENDING |
docbot Bot |
| Get Miles |
"In addition, Miles does not represent or warrant that our Services are accurate, complete, reliable, current or error-free.
While Miles attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components.
You assume the entire risk as to the quality and performance of the Services.<br>14.
Limitation of LiabilityTo the fullest extent permitted by applicable law, Miles and the other Miles Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Miles or the other Miles Parties have been advised of the possibility of such damages.<br>
<br>The total liability of Miles and the other Miles Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to twenty dollars $20.<br>The limitations set forth in this section will not limit or exclude liability for personal injury, death or property damage caused by the Services or for the gross negligence, fraud or intentional, willful, malicious or reckless misconduct of Company or the other Company Parties.<br>15.
" |
|
PENDING |
docbot Bot |
| Elevio |
"The SaaS Provider does not warrant that the Services will be error-free or will operate without interruption or that, except as set out in this Agreement, the Services will be performed in the manner intended by the Customer or the Services will meet the requirements of the Customer.
</li>
</ol>
</li>
<li>
<strong>Repitition</strong>
<br>Each Party makes the representations and warranties in clause 15.1 on each day on which it is a Party.
</li>
</ol> 16.
Indemnity and liability <ol>
<li>The SaaS Provider is liable for the acts and omissions of all its Personnel as if they were done by the SaaS Provider.
</li>
<li>Despite anything to the contrary (but subject to clause 16.3), to the maximum extent permitted by the law: .
<ol>
<li>the SaaS Provider’s maximum aggregate Liability arising from or in connection with this Agreement (including the Services or the subject matter of this Agreement) will be limited to, and must not exceed, in any Contract Year, the total amount of Fees paid to SaaS Provider in the prior Contract Year.
" |
|
PENDING |
docbot Bot |
| Varsity Tutors |
"Limitation of Liability</b>
<p>
You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) the cost of procurement of substitute products and Service resulting from the inability to access or utilize any products, data, information or Service purchased or obtained or messages received or transactions entered into through or from the Website or the Service; (iii) unauthorized access to or alteration of your transmissions or data.
or (iv) any other matter relating to the Website or the Service.
in no event shall Company’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, for accessing the Website or the Service.
</p>
<p>
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
" |
|
PENDING |
docbot Bot |
| Spruce Health |
"Limitation of Liability <p>To the fullest extent permitted by applicable law and except as set forth in this Section, Spruce, its Related Persons, and licensors will not be liable to you or to any party under any legal or equitable theory, whether in tort (including negligence), contract, strict liability, or otherwise, for any indirect, punitive, special, incidental, or consequential loss or damage, including lost profits, loss of data or loss of goodwill, service interruption, mobile phone damage, or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, including death, arising out of or in connection with any access or use of (or inability to use) the Platform.
This is true even if Spruce or its Related Persons have been advised of the possibility of such damages or losses.
To the fullest extent permitted by applicable law and subject to this Section, in no event will the total liability of Spruce and its Related Persons for any damages, claims, or losses arising under these Terms exceed the total amount of payments actually paid by you to us, if any, in the preceding twelve (12) months prior to the date the liability first arose.</p> XIV.
Modifications to the Platform <p>Spruce reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Platform, or any portion thereof, with or without notice.
" |
|
PENDING |
docbot Bot |
| Spruce Health |
"To the fullest extent permitted by applicable law and except as set forth in this paragraph, Spruce will not be liable to you for any punitive, special, incidental, or consequential loss or damage, including lost profits, even if Spruce has been advised of the possibility of such damages.
To the fullest extent permitted by applicable law and subject to this paragraph, in no event will Spruce's total liability for any damages, claims, or losses arising under these Terms exceed the total amount of payments actually paid by you to us, if any, in the preceding twelve (12) months prior to the date the liability first arose.
" |
|
PENDING |
docbot Bot |
| COS.TV |
"OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS (U.S.
$100.00) OR THE AMOUNT YOU PAID COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR USE OF THE COMPANY-RELATED SERVICES GIVING RISE TO THE CLAIM.</p>
<p>The foregoing terms of this Section apply to the fullest extent permitted by law.</p>INDEMNIFICATION<p>" |
|
PENDING |
docbot Bot |
| Locals |
"The arbitration shall be conducted by a single, neutral arbitrator.
Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.
" |
|
PENDING |
docbot Bot |
| RC Willey |
"Hearing Format</b>.
Unless otherwise agreed, the arbitration shall take place in Travis County, Texas, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S.
dollars (if the claimant so chooses).
" |
|
PENDING |
docbot Bot |
| AutismDate |
"Notwithstanding anything to the contrary contained herein, Autism Date, Inc's.
liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Autism Date for the Service during the term of membership.
<br>
<br>In addition, Autism Date disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including, but not limited to, unauthorized users, or "hackers") of the Autism Date Service.
<br>
<br>
<br>
<strong>State by State Variations</strong>
<br>
<br>Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
<br>
<br>
<br>
<strong>General Provisions</strong>
<br>
<br>You agree with the Dutch Law of May 15, 1829, laying down general provisions of the laws of the Kingdom.
" |
|
PENDING |
docbot Bot |
| SUMOFIBER |
"Provider does not waive its right to collect the full amount due if Subscriber pays late or pays only part of the amount due, even if Subscriber writes "Paid in Full" or similar words on any correspondence or payment to Provider.</p>
<p>3.
Late Fees and Collections Fees.
If Subscriber fails to pay a bill or invoice on or before the due date listed on the bill or invoice, Provider may, as allowed by law, charge a late fee of $10 per month while there is a past due amount or 2% per month of the past due amount, whichever is greater.
If state or federal law requires a different fee or interest rate, Provider will charge that amount and apply that rate.
In the event any amount(s) is/are referred to a third party debt collection agency, Subscriber hereby agrees, that in addition to any other amount(s) allowed for by law (such as interest, court costs, reasonable attorney's fees, etc.), Subscriber will also be responsible for a collection fee of up to 40% of the principal amount(s) owed as allowed by Utah Code Annotated, sec.
12-1-11.</p>
<p>4.
Returned Checks.
" |
|
PENDING |
docbot Bot |
| SUMOFIBER |
"“Affected Service” refers to the particular Product that fails to meet the relevant SLA.
In no event will the total credit, in the aggregate for all credits issued in one month exceed the equivalent of 25% of the relevant MRCs for the Affected Service.
The Customer may not deduct or set-off a service credit, if any, from an invoice, but must, in all cases, wait for the invoice to reflect the service credit before the Customer can realize it.</p>
<p>
<strong>13.
Service Credit Exceptions</strong>
</p>
<p>An outage shall not be deemed to have occurred in the event that the service is unavailable or impaired due to any of the following:</p>
<p>" |
|
PENDING |
docbot Bot |
| Temporal |
",7.LIMITATIONS OF LIABILITY,IN NO EVENT SHALL TEMPORAL BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, ,REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, ,HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.
TEMPORAL’S LIABILITY FOR ALL CLAIMS ,ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE ,AMOUNT OF FEES PAID OR PAYABLE BY CUSTOMER UNDER THE APPLICABLE ORDER DURING THE TWELVE (12) ,MONTH PERIOD PRECEEDING THE CLAIM.,8.MISCELLANEOUS ,8.1 Export Control.
" |
|
PENDING |
docbot Bot |
| youmail |
"OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AND ITS AFFILIATES’ AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU TO THE COMPANY IN CASH IN CONNECTION WITH YOUR ACCOUNT.
YOUR CORRESPONDENCE OR BUSINESS DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF, ADVERTISERS FOUND ON OR THROUGH THE SERVICES, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER.
THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.</p>15.
INDEMNITY BY REGISTERED USER<p>" |
|
PENDING |
docbot Bot |
| Membean |
"IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SITE OR SERVICE.
IF, NOTWITHSTANDING THE FOREGOING, MEMBEAN OR ONE OF THE MEMBEAN PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, MEMBEAN OR THE RELEVANT MEMBEAN PARTY'S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES ACTUALLY " |
|
PENDING |
docbot Bot |
| TV Ears |
"Limitation of Liability</b>
</p>
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| PrismApp |
"12.8.
Statutory Rights <p> SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
</p> 13.
Limitation of Liability 13.1.
Aggregate Liability <p> IF YOU ARE USING A FREE VERSION OF THE SERVICE, BILLGO’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $25.
IF YOU ARE USING A PAID VERSION OF THE SERVICE, BILLGO’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO BILLGO IN THE SIX MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
</p> " |
|
PENDING |
docbot Bot |
| HostedScan |
"Limitation of Remedies and Damages<p>In no event will either party be liable for any indirect, incidental, special or consequential damages, or for any lost profits, lost savings, loss of use, lost revenues or lost data arising from or relating to the Software or this Agreement, even if the parties have been advised of the possibility of such damages.
HostedScan will not be responsible for any compensation, reimbursement, or direct damages arising in connection with: (i) your use of the Software.
(ii) your inability to use the Software.
(iii) the cost of replacing the Software.
or (iv) any investments, expenditures, or commitments by you in connection with this Agreement.
HostedScan’s aggregate liability under this Agreement will be limited to the actual fees paid by you under this Agreement during the 12 months preceding the claim.</p>" |
|
PENDING |
docbot Bot |
| VisiShield |
"This waiver specifically includes any claim arising from a product and/or service which you purchase from any site other than newvisionbreakthrough.com and any claim arising from security of information (including, but not limited to credit card information) which you use on this site.</li>
<li>VisiShield does not endorse or warrant the quality of any goods, services, or products you buy from any site other than the site.
VisiShield shall not be liable in any way whatsoever (including, but not limited to, negligence) for any special or consequential damages resulting from either your use of the site or your inability to use it or from your use of any site linked from or to the site.
This limitation includes any circumstance in which VisiShield or its representative has been advised of potential liability.
Certain applicable laws may not allow all the limitations of liability described herein.
Should that be the case, VisiShield owns total liability to you for losses, damages, causes of action, and/or negligence shall not exceed the total amount paid by you (if any) to access the site.</li>
" |
|
PENDING |
docbot Bot |
| HIATUS |
"TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HIATUS, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, SHAREHOLDERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE HIATUS PLATFORMS, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE HIATUS PLATFORMS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
</p>
<p> TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HIATUS AND ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, SHAREHOLDERS, OFFICERS, AND DIRECTORS, TO ANY PARTY IN CONNECTION WITH THE USE OF THE SERVICES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO HIATUS FOR THE APPLICABLE SERVICE IN THE LAST TWELVE (12) MONTHS OUT OF WHICH LIABILITY AROSE.
</p>
<p> The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
</p>
<p>Indemnification</p>
<p> " |
|
PENDING |
docbot Bot |
| Whatbox |
"TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTION 11.3 (UNLIMITED LIABILITIES), NEITHER PARTY WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT FOR ANY (A) INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR (B) LOST REVENUES, PROFITS, SAVINGS, OR GOODWILL.
</p>
<p> 11.2 <em>LIMITATION ON AMOUNT OF LIABILITY.</em> EACH PARTY'S TOTAL AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO THE AGREEMENT IS LIMITED TO THE FEES CUSTOMER PAID DURING THE 12-MONTH PERIOD BEFORE THE EVENT GIVING RISE TO LIABILITY OR 100 CANADIAN DOLLARS (OR THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW), WHICHEVER IS LESS.
</p>
<p> " |
|
PENDING |
docbot Bot |
| Vizzy |
"ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.LIMITATIONS OF LIABILITYIN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $150.00 USD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Scholar's App |
"IF YOUR USE OF MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT ScholarsApp AND ITS AFFILIATES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE.
FURTHER, FOR USERS WHO ARE STUDENT APPLICANTS, THE USERS UNDERSTAND THAT ScholarsApp MAY DIRECT SCHOLARSHIP APPLICATIONS FOR THE USER TO SCHOLARSHIPS THAT ScholarsApp DEEMS APPROPRIATE IN ITS SOLE AND ABSOLUTE DISCRETION, BUT DOES NOT REPRESENT OR WARRANT THAT THE FUNDING SOURCES ARE COMPLETE OR EXHAUSTIVE.
" |
|
PENDING |
docbot Bot |
| Renderforest |
"Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your Account, You may simply discontinue using the Service.</p>
<p>Limitation of Liability</p>Limitation of Liability<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 (one hundred) USD if You haven't purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
In these states, each party's liability will be limited to the greatest extent permitted by law.</p>
<p>Renderforest does not take responsibility for any damage resulting from displaying, copying or downloading the materials, services or tools found on our website by a user’s third-party software.
" |
|
PENDING |
docbot Bot |
| SoftMaker |
"Claims for damages may only be asserted if the damage was caused by malicious intent or the gross negligence of SoftMaker Software GmbH or its agents, the damage is due to the absence of a guaranteed characteristic, or if the German Product Liability Act stipulates liability.
For damages in the event of a breach of a principal obligation due to simple negligence, potential claims shall be limited to the amount of the purchase price and to damages incurred as a result of procurement of the goods elsewhere.
Force majeure and other interruptions of business that we cannot prevent release us from the obligation to deliver.</p>
<p>Further claims by the ordering party, for whatever legal reason, are excluded.
" |
|
PENDING |
docbot Bot |
| Direct Factory Gadgets |
"ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.</p>
<p>(f) LIMITATION OF LIABILITY.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.</p> Force Majeure <p>You acknowledge and understand that if the Web Site is unable to provide the Products as a result of a force majeure event the Website will not be in breach of any of its obligations towards You under these Terms of Service.
A force majeure event means any event beyond the control of the Website.
" |
|
PENDING |
docbot Bot |
| Vovsoft |
"The product is distributed "as is" and without any warranty as to merchantability or fitness for a particular purpose or any other warranties either expressed or implied.
Vovsoft will not be liable for data loss, damages, loss of profits or any other kind of loss while using or misusing this software.
To the maximum extent permitted by applicable law, in no event will Vovsoft or its suppliers or resellers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the product, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
In any case, Vovsoft's entire liability under any provision of this agreement shall not exceed in the aggregate the sum of the fees licensee paid for this license (if any), with the exception of death or personal injury caused by the negligence of Vovsoft to the extent applicable law prohibits the limitation of damages in such cases.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable.
Vovsoft is not responsible for any liability arising out of content provided by licensee or a third party that is accessed through the product and/or any material linked through such content.
" |
|
PENDING |
docbot Bot |
| Radmin VPN |
"ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, OR THE INCOMPATIBILITY OF THE PRODUCT WITH ANY HARDWARE, SOFTWARE OR USAGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
" |
|
PENDING |
docbot Bot |
| Headspace |
"IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON OR THROUGHOUT THE PRODUCTS.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE PRODUCTS EXCEED, IN THE AGGREGATE, THE ACTUAL AMOUNT, IF ANY, PAID BY YOU TO HEADSPACE FOR YOUR USE OF THE PRODUCTS IN QUESTION.</p>
<p>(c) Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Products.
In no event shall Headspace be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or other activities you undertake in connection with your use of the Products.</p>
<p>Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.</p>
13.12 ARBITRATION
<p>DISPUTE RESOLUTION AND BINDING ARBITRATION " |
|
PENDING |
docbot Bot |
| net10wireless |
"TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER TRACFONE WIRELESS, INC.
D/B/A NET10 NOR ITS VENDORS, SUPPLIERS, OR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER USER OF YOUR NET10 PRODUCT OR SERVICE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CLAIMED FOR LOST PROFITS, REVENUE, INCOME, SALES, BUSINESS, GOODWILL, DATA OR INFORMATION, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, OR OTHER THEORY OF LIABILITY AND REGARDLESS OF WHETHER NOTICE THAT SUCH LOSS MAY OCCUR WAS PROVIDED OR WHETHER NET10 KNEW OF THE LIKELIHOOD OF SUCH DAMAGES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN, TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF TRACFONE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100), AND SUCH LANGUAGE SHALL BE EXCLUDED TO THE EXTENT OF SUCH INVALIDITY OR UNENFORCEABILITY.
" |
|
PENDING |
docbot Bot |
| Private Phone Shop |
"Upon termination, Your right to use the Service will cease immediately.</p>
Limitation of Liability
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third- party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| Wally |
"YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WALLY BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES.
WALLY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH: (I) THE USE OF OR INABILITY TO USE THE SERVICES, OR ANY INFORMATION AND CONTENT CONTAINED THEREIN.
(II) YOUR PARTICIPATION OR RELIANCE ON ANY INFORMATION AND CONTENT ACCESSED IN CONNECTION WITH THE SERVICES.
(III) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY INFORMATION AND CONTENT, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.</p>
<p></p>
<p>TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, WALLY’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$1.00 (OR THE EQUIVALENT IN ANY OTHER CURRENCY).</p>
<p>" |
|
PENDING |
docbot Bot |
| Set Game |
"ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.</p>
<p>UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SET ENTERPRISES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS, EVEN IF SET ENTERPRISES OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SET ENTERPRISES’ TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO SET ENTERPRISES, IF ANY, FOR PRODUCTS " |
|
PENDING |
docbot Bot |
| Swisscows.email |
"The termination takes place after prior warning by <b>Swisscows</b>.</p>
<p>14.7 In case of an extraordinary termination by <b>Swisscows</b>, <b>Swisscows</b> is entitled to claim the full amount of the sum of all monthly basic fees which the user would have had to pay in case of a simultaneous termination in due time during the contract period.
" |
|
PENDING |
docbot Bot |
| Mitgo |
"The Publisher shall receive a reward from Admitad, which directly depends on the success of their advertising campaigns.</p>
<p>6.2.
In each separate case, the reward amount is determined by the type of paid action and the rate set by the Advertiser for this action that is effective at the time of performing this action.
The Advertiser has the right to change the rates, but the new rates do not apply to already performed actions.
The Publisher does not have the right to demand a different rate for theirs.
The Publisher undertakes to become familiar with the current rates in the interface of the Admitad Partner Network.
Submitting an application for joining the program indicates the agreement to the current rates.
The minimum withdrawal amount should equal or exceed the amount specified under the link, depending on the currency of withdrawal.
" |
|
PENDING |
docbot Bot |
| Complete Licensing |
"8.1.9 any direct or indirect losses of anticipated savings, contracts, goodwill, opportunities, profits, revenues or any indirect or consequential loss or damage</p>
<p>8.1.10 Limit of liability £250,000</p>
<p>8.1.11 Unless our instruction form proposes a lower limit, our total liability for any claim or series of claims arising from the same circumstances, is limited to £250,000</p>
<p>" |
|
PENDING |
docbot Bot |
| TeacherVision |
"However, any changes to the Arbitration and Controlling Law sections will not apply to any disputes for which the parties have actual notice on or before the date the change is posted.</p>
<p>VII.
MODIFICATIONS TO OR DISCONTINUANCE OF THE SERVICE </p>
<p>FEN reserves the right to modify or discontinue, temporarily or permanently, the Site, the TV Membership Service, or any parts thereof.
In the case of any scheduled temporary or permanent discontinuance of the TV Membership Service, FEN will endeavor to provide reasonable advance notice to Members.
If FEN permanently discontinues the TV Membership Service prior to the end of a Member’s then-current subscription term, provided such Member actually paid the subscription fees, FEN will refund the amount paid that exceeds such Member’s prorated subscription fee (calculated by dividing the days of active subscription from the date of registration/node/37131al to the date of permanent discontinuance of the TV Membership Service by FEN, by the total number of days the subscription would have been effective had it not been for the discontinuance (i.e., 365 if it's a one year subscription), and multiplying the result with the amount of the subscription fee actually paid by the Member).
" |
|
PENDING |
docbot Bot |
| Weekly |
"Limitation Of Liability
<p>In no event shall Weekly LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service.
(ii) any conduct or content of any third party on the Service.
(iii) any content obtained from the Service.
and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.</p>
<p>In no event will the collective liability of the company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers and directors, to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount you have paid to the company for the applicable content, product, or service in the last twelve month out of which liability rose.</p>
Disclaimer
<p>Your use of the Service is at your sole risk.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.</p>
<p>" |
|
PENDING |
docbot Bot |
| Buddy |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.</p> 24.
INDEMNIFICATION
<p>" |
|
PENDING |
docbot Bot |
| DesignEvo |
"These limitations will apply to the extent permissible in your jurisdiction.
If PearlMountain Limited is liable for any negligence of statutory duty, non-performance, misrepresentation, tort, breach of contract, restitution, or otherwise, its total liability shall never exceed the total amount that you paid for any service or using premium features on DesignEvo or the minimum amount provisioned under the applicable laws governing this Agreement, whichever is less.</p>
<p>All claims under this agreement shall be initiated within one year from the cause of action or such periods as determined by the applicable laws governing this agreement, after which your rights to claim any damages shall be deemed as waived.</p>
<p>You shall consent to waive your special/additional rights, if any, to the maximum extent permissible in your jurisdiction.</p> Applicable Laws
<p>The provisions of this ‘Terms of Use’ shall be governed and construed in accordance with the law of Hong Kong, China, without any regard to the conflict of laws.
The parties to this Agreement shall consent to the non-exclusive jurisdiction of the competent courts in Hong Kong with regard to all disputes that may not be amicably resolved through mutual negotiations.
The parties shall consent that no actions, suits, proceedings, or prosecutions shall be initiated with regard to any claims/obligations under this Agreement or interpretation of these provisions, except in the courts of Hong Kong" |
|
PENDING |
docbot Bot |
| DesignEvo |
"Contributor agrees to promptly notify PearlMountain of any facts or circumstances should any of the foregoing representations become inaccurate in any respect.</p>
<p>If your employer(s) has rights to intellectual property that you create that includes your contributions, you represent and warrant that your employer has waived such rights for your contributions to PearlMountain, or that you have received permission to make contributions on behalf of that employer and that you are authorized to execute this agreement on behalf of your employer.</p> Limitation of Liabilities
<p>Under no circumstance shall PearlMountain be liable to Contributor or any third party for any reason relating to this Agreement.
PearlMountain shall have no liability for any incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort (including negligence) or otherwise.
This limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent by law.</p>
<p>PearlMountain 's total aggregate liability arising out of this Agreement, whether for breach of contract or tort or otherwise, shall never exceed the total amount that you paid for using our service or the minimum amount provisioned under the applicable laws governing this Agreement, whichever is less.</p> Applicable Laws
<p>The failure of either party to enforce its rights under this agreement for any period shall not be construed as a waiver of such rights.
" |
|
PENDING |
docbot Bot |
| Global virtual opportunities |
"Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us.
We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.</p>
<p>If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you.
Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.</p>
<p>Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, our website services (such as but not limited to autoresponder, prospecting system, conference software, easy video producer), your website use, or the content, even if advised of the possibility of such damages.</p>
<p>Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates.
Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.</p> OBSCENE AND OFFENSIVE CONTENT <p>" |
|
PENDING |
docbot Bot |
| Global virtual opportunities |
"As an example only, if the commission payout to the affiliate is $24.95 then the affiliate will receive $23.70 ($24.95 - 5%)</li>
<li>" |
|
PENDING |
docbot Bot |
| OverDrive |
"REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL OVERDRIVE OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE OVERDRIVE SOFTWARE, EVEN IF OVERDRIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
OVERDRIVE’S MAXIMUM AGGREGATE LIABILITY ARISING IN CONNECTION WITH THESE TERMS SHALL NOT, IN ANY EVENT, EXCEED ANY AMOUNTS RECEIVED UNDER THESE TERMS.</p>" |
|
PENDING |
docbot Bot |
| Operation Smile |
"IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OSI, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED),<br>
PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF<br>
THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO OSI FOR THE PURPOSE OF ACCESSING OR USING THE SITE.</p> " |
|
PENDING |
docbot Bot |
| ServerLife - Tip Tracker |
"the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.</strong>
</li>
</ul>
<p>
<strong>This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.</strong>
</p>
<p>
<strong>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User.
The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction.
" |
|
PENDING |
docbot Bot |
| Edward Jones |
"OR RECOMMENDATIONS ON THE WEBSITE, EVEN IF EDWARD JONES OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.</p>
<p>YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."</p>
<p>DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL NOT EXCEED ONE HUNDRED U.S.
DOLLARS ($100).</p>
" |
|
PENDING |
docbot Bot |
| Play.ht |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3)MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Travel Arrow |
"ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.</li>
</ol>
LIMITATIONS OF LIABILITY
<p>IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR *<strong>*__**</strong>.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| GPTZero |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT
PAID, IF
ANY,
BY
YOU
TO US DURING
THE SIX
(6) MONTH
PERIOD
PRIOR
TO
ANY
CAUSE
OF
ACTION
ARISING .
CERTAIN
US
STATE
LAWS
AND
INTERNATIONAL
LAWS
DO
NOT
ALLOW
LIMITATIONS
ON
IMPLIED
WARRANTIES
OR
THE
EXCLUSION
OR
LIMITATION
OF
CERTAIN
DAMAGES.
" |
|
PENDING |
docbot Bot |
| Realbyte |
"Refund of a Fee for Subscription Service </strong>
</p>
<br>
<p> 13.1 When User applies for a refund of a fee for subscription service, the Company deducts the multiplication of a daily fee and the number of days used (from the day of payment to the day of application for a refund) from the total fee paid by User and refunds the remaining amount.<br>
<br> 13.2 If the subscription service for which User has concluded a contract is service to which a discount has been applied based on the contract period, the daily fee in Article 13.1 will be calculated without applying the discount.
" |
|
PENDING |
docbot Bot |
| TimelyBills |
"Our Services are not directed to minors and we do not knowingly collect Personal Information from minors.
</li>
</ul> Liability <p> Notwithstanding anything to the contrary in this Policy or any other terms of service, Company’s aggregate liability hereunder shall be limited to not more than amount you paid us to use the Services and shall not extend to any indirect or remote damages whatsoever, including but not limited to special, incidental, consequential, or punitive damages or loss of profits.
</p> Usage of Cookies <p> A cookie is a piece of text that helps a public website and portal to recognize user devices and maintain a consistent, cohesive experience." |
|
PENDING |
docbot Bot |
| TimelyBills |
"Liability for our services <p> When permitted by law, We (and our partners), will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
</p>
<p> To the extent permitted by law, the total liability on us (and our partners), for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services.
</p> About these Terms <p> We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services.
" |
|
PENDING |
docbot Bot |
| FINDING FOCUS |
"or that this site or the server that makes it available are free of viruses or other harmful components.</p>9.
LIMITATION OF LIABILITY<p>To the fullest extent permissible under applicable law, we shall not be liable for any special or consequential damages that result from the use of or the inability to use the services provided on this site.
In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing these services.</p>
<p>
" |
|
PENDING |
docbot Bot |
| Monarch Money |
"ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>
<em>
<u>Limitation of Liability.</u>
</em> TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MM (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO MM IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.
" |
|
PENDING |
docbot Bot |
| RocketCDN |
"12.1 Claims under the warranty <p>The warranty provided by WP MEDIA is limited to refunding non-conforming Products or Products containing a latent defect.</p>
<p>In order to file a claim, the Customer must report the existence of a defect or non-conformity within 24 (twenty-four) hours of making the purchase.</p> 12.2 Warranty disclaimer <p>The Customer is solely liable for the choice, storage and use of the Products.</p>
<p>No claim may be made under the warranty in the event of misuse.</p> 13.
Liability <p>WP MEDIA warrants an overall best-efforts obligation vis-à-vis the Customer, whereby it agrees to use its best efforts in performing the Service provided for herein.</p>
<p>The maximum aggregate liability of WP MEDIA towards the Customer for all events (or series of connected events) arising in any twelve-month period and related to the use of the Plug-in shall not exceed the annual subscription fees paid for the Plug-in directly causing the damage for that twelve-month period. </p>
<p>" |
|
PENDING |
docbot Bot |
| Blackbox AI |
"IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, NEITHER BLACKBOX, ITS AFFILIATES, NOR OUR SUPPLIERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLACKBOX OR ITS SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY PROVIDED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>
<p>BESIDES THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), BLACKBOX LIMITS OUR LIABILITY TO YOU TO THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US IN THE THREE MONTHS " |
|
PENDING |
docbot Bot |
| Servers Guru |
"SERVERS.GURU`S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR SERVERS.GURU`S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY SERVERS.GURU OR SERVERS.GURU`S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.Modifications:Servers.guru may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Servers.guru`s services.
Certain changes to Servers.guru`s services may affect the operation of customers’ personalized applications and content.
" |
|
PENDING |
docbot Bot |
| HTTP Injector |
"You agree to defend, indemnify, and hold harmless the site, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of this Agreement.</p>LIMITATION OF LIABILITY<p>In no event will the site be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with these terms of service or from the use or inability to use the services or any user files sent through, stored by or downloaded from the services, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the site has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose.</p>
<p>In no event will the site's aggregate liability to you or to any third party for any and all claims arising out of or in connection with the use of the services exceed one dollar ($1).
the limitations of damages set forth above are fundamental elements of the basis of the bargain between the site and you.</p>
<p>Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.</p>" |
|
PENDING |
docbot Bot |
| TruNews |
"Upon termination or suspension of the Service, however, you will continue to be bound by this Agreement.
You agree that the liability of TruNews to you hereunder shall be limited to the amount you have actually paid to TruNews for products or services hereunder of, if greater, US$100.
No claim may be brought by you more than two years from the event triggering the claim.
Except as set out herein, TruNews shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site, the App or the Content or in relation to the goods and/or services that we provide.
Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury or fraud caused by negligence.
</li>
<li>
<b>Warranties</b>.
" |
|
PENDING |
docbot Bot |
| Bellevue College Bulldog Bistro In Student Housing |
"any circumstances over which the Restaurant had no control of the consequences and which the Restaurant could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the Client or others.
In any event, the Restaurant's liability to the Client shall not exceed the total price charged for the relevant products/and or services.</p>
<p>This terms and Conditions shall be governed by and construed in accordance with the laws of the country in which the Restaurant is headquartered and the Restaurant and any dispute arising out of or in connection with these shall be settled by the competent courts from the headquarter of the Restaurant, excluding the possibility of reference to conflict of laws.</p> Select language English <ul>
<li>Privacy policy</li>
<li>Terms of service</li>
</ul> Menu Order ahead Contact See MENU &.
" |
|
PENDING |
docbot Bot |
| Cricket Wireless |
"any inability to reach 911 or other emergency services, any alleged interference with alarm or medical monitoring stations;</li>
<li>the use, inability to use, or the lack of interoperability between Cricket Services and any third-party hardware, software, or service;</li>
<li>the loss of your information, such as missed or deleted voicemails, text messages, emails, pictures, or files.
or</li>
<li>any interruption, error, limitation, delay in any Cricket Service, or any other problem cause, in whole or in part, by you or something outside of our control, including, but not limited to, environmental conditions, emergency conditions, power or network outages, transmission errors, equipment damage or repairs, limits in system capacity, unavailability of radio frequency channels, governmental actions, labor disputes, riots, terrorism, or the acts of third parties.</li>
</ul>
To the greatest extent permission by law, <strong>our total liability to you (under any legal theory) is a credit or refund that must not exceed the total amount of charges you paid us for the applicable Cricket Service during the shorter of (i) the preceding 24-month period or (ii) the period in which you experienced the issue giving rise to your claims</strong>.
" |
|
PENDING |
docbot Bot |
| Flourish |
"Our liability<p>Nothing in these terms and conditions shall limit or exclude our liability:</p>
<ul>
<li>for death or personal injury caused by our negligence;</li>
<li>for fraudulent misrepresentation;</li>
<li>for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded.
or</li>
<li>for any other liability that, by law, may not be limited or excluded.</li>
</ul>
<p>Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you or any other person or entity for any business losses, and if you are a business customer, in no event shall we be liable to you or any other person or entity for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.
Any liability we do have for losses arising from any use of the Service shall not in respect of any 12-month period (calculated from the date of that Contract) exceed the greater of (i) the charges payable by you for the relevant Service in that 12-month period.
and (ii) £500.
and is strictly limited to losses that were reasonably foreseeable.
" |
|
PENDING |
docbot Bot |
| Fanbyte |
"OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOST REVENUE, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, OR ANY OTHER INTANGIBLE LOSS.
SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS, USER CONTENT OR THIRD PARTY SOFTWARE ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ZAM ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>
<p>THE AGGREGATE LIABILITY OF THE ZAM ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THIS EULA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IS LIMITED TO THE GREATER OF: (A) THE AMOUNTS YOU PAID OR PAYABLE BY YOU TO ZAM FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) GIVING RISE TO THE CLAIM.
" |
|
PENDING |
docbot Bot |
| bearly.ai |
"OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.</p>Disclaimer<p>ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY " |
|
PENDING |
docbot Bot |
| Lacework |
"6.
LIMITATIONS
<p>In no event shall Lacework or its directors, employees, agents, partners, suppliers be liable under any contract, tort, strict liability, negligence or other legal or equitable theory with respect to the Site or your use thereof for (i) any direct damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) in excess of one-hundred U.S.
dollars ($100.00), or (ii) any special, incidental, indirect, consequential or punitive damages of any kind whatsoever, even if Lacework or a Lacework authorized representative has been notified orally or in writing of the possibility of such damage.
" |
|
PENDING |
docbot Bot |
| Bing |
"11.
<strong>LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the application or $1.00, whichever is greater.
" |
|
PENDING |
docbot Bot |
| OMGSweeps |
"THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE COMPANY, AND ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREUNDER.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR ANY COMPANY PRODUCTS AND/OR SERVICES.
" |
|
PENDING |
docbot Bot |
| Sport Newscast |
"ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.</p>
<p>
<b>
<strong>LIMITATIONS OF LIABILITY</strong>
</b>
</p>
<p>IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR " |
|
PENDING |
docbot Bot |
| SpamLogger |
"Limits on Liability
<p>
<em>
<strong>Neither SpamLogger nor its suppliers will be liable to you for breach-of-contract damages their personnel could not have reasonably foreseen when you agreed to these terms.</strong>
</em>
</p>
<p>
<em>
<strong>As far as the law allows, the total liability to you for claims of any kind that are related to the forum or content on the forum will be limited to $50.</strong>
" |
|
PENDING |
docbot Bot |
| myORCA |
"WASTED MANAGEMENT TIME OR LABOR, OR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF LACK OF NEGLIGENCE OR WORKMANLIKE EFFORT), WHEN SUCH DAMAGES ARISE OUT OF OR ARE RELATED TO THE ORCA PROGRAM, EVEN IF ANYONE IN ANY OF THE AGENCIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF A TORT (INCLUDING NEGLIGENCE, STRICT OR PRODUCT LIABILITY) OR VIOLATION OF CONTRACT OR POLICY.</p>
<p>IF THE AGENCIES OR ANY OF THEM BREACHES ANY DUTY OR AGREEMENT RELATING TO THE ORCA PROGRAM, THE EXCLUSIVE, AGGREGATE REMEDY WILL BE, AT THE OPTION OF THE ORCA AGENCY(IES): (A) CORRECTION, SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE ORCA PROGRAM PRODUCTS OR SERVICES GIVING RISE TO THE BREACH, OR (B) A REFUND OF THE AMOUNT PAID FOR THE ORCA PRODUCT OR SERVICE CAUSING THE DAMAGE, WHICH AMOUNT WILL NOT EXCEED THE DAMAGES (OTHER THAN THOSE EXCLUDED ABOVE) ACTUALLY " |
|
PENDING |
docbot Bot |
| BillGO |
"OR A WRITTEN AGREEMENT THAT YOU AND BILLGO HAVE SIGNED, UNDER NO CIRCUMSTANCES WILL BILLGO AND ITS SUBSIDIARIES AND LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE OF, MISUSE OF, OR RELIANCE ON THE WEBSITES OR ANY OF THE SERVICES, MATERIALS, OR CONTENT AVAILABLE FROM THE WEBSITES.
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY PREVENTS RECOVERY OF ANY CLAIM RELATING TO THESE TOS OR THE WEBSITES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND APPLIES EVEN IF BILLGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WHERE LEGAL LIABILITY SURROUNDING THE WEBSITES, OR ANY OF THE SERVICES, MATERIALS OR CONTENT AVAILABLE FROM THE WEBSITES, CANNOT BE EXCLUDED, BUT MAY BE LIMITED, THE AGGREGATE LIABILITY OF BILLGO AND ITS SUBSIDIARIES AND LICENSORS WILL BE LIMITED TO THE SUM OF 50 UNITED STATES DOLLARS (OR THE THEN-CURRENT VALUE IN THE RELEVANT LOCAL CURRENCY) IN TOTAL.</li>
<li>
<strong>Translations</strong>.
" |
|
PENDING |
docbot Bot |
| Monefy |
"THAT SAID, IF REFLECTLY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, ANY CONTENT, OR PURCHASE OF ANY PRODUCTS OR SERVICES ON OR THROUGH THE SITE, REFLECTLY'S LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.</p> 19.
Arbitration <p>For any dispute you have with Monefy, you agree to first contact us at support+monefy@reflectly.app and attempt to resolve the dispute with us informally.
If Monefy has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the Danish Court of Aarhus Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
" |
|
PENDING |
docbot Bot |
| Southern Poverty Law Center |
"AND/OR (VII) USER-GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL SPLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING GREATER THAN EITHER (A) THE AMOUNT YOU PAID TO SPLC HEREUNDER OR (B) 1 DOLLAR.</p>
<p>THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SPLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
" |
|
PENDING |
docbot Bot |
| Webshare Proxy |
"and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party.
In no event shall Webshare, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Webshare hereunder or $50.00, whichever is greater.</p>
<p>This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Webshare has been advised of the possibility of such damage.</p>
<p>" |
|
PENDING |
docbot Bot |
| iRobot |
"IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Nothing in this EULA and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) IROBOT, ITS AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, (COLLECTIVELY, THE “IROBOT PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR PRODUCT SOFTWARE, EVEN IF IROBOT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) IROBOT’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND PRODUCT SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO IROBOT OR IROBOT’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY).
THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
" |
|
PENDING |
docbot Bot |
| Airship Group |
"The Site is provided “AS-IS” and as available and Airship expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
Airship cannot guarantee and does not promise any specific results from use of the Site.</p> LIMITATIONS OF OUR LIABILITY <p>IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS.
IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S.
DOLLARS ($100).</p> " |
|
PENDING |
docbot Bot |
| PopTox |
"TO THE EXTENT PopTox.com MAY BE FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE IN ANY WAY, THE FULL EXTENT OF SUCH LIABILITY WILL BE LIMITED TO AN AMOUNT EQUAL TO THE DIRECT PAYMENTS MADE BY YOU TO PopTox.com.</p>
<p>Without limiting the above disclaimer and limitation of liability, PopTox.com specifically does not warrant that:</p>
<p>" |
|
PENDING |
docbot Bot |
| Alluder |
"ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE ALLUDER ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S.
DOLLARS ($100).
THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE ALLUDER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
" |
|
PENDING |
docbot Bot |
| Stay Private Mail |
"Service "As Is" <p> We strive to provide a great Service, but there are certain things that we cannot guarantee.
To the fullest extent permitted by law, StayPrivate Ltd and its affiliates, suppliers and distributors make no warranties, either express or implied, about StayPrivate.
StayPrivate is provided "as is".
We also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement.
</p> Limitation of Liability <p> To the fullest extent permitted by law, in no event will StayPrivate Ltd, its affiliates, suppliers or distributors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential damages or any loss of use, data, business, or profits, regardless of legal theory, whether or not StayPrivate has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose.
(b) aggregate liability for all claims relating to StayPrivate more than the greater of £100 or the amounts paid by you to StayPrivate for the past 12 months in question.
</p> " |
|
PENDING |
docbot Bot |
| Stay Private Mail |
"To the fullest extent permitted by law, StayPrivate Ltd and its affiliates, suppliers and distributors make no warranties, either express or implied, about StayPrivateMail.
StayPrivateMail is provided "as is".
We also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement.
</p> Limitation of Liability <p> To the fullest extent permitted by law, in no event will StayPrivate Ltd, its affiliates, suppliers or distributors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential damages or any loss of use, data, business, or profits, regardless of legal theory, whether or not StayPrivate has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose.
(b) aggregate liability for all claims relating to StayPrivateMail more than the greater of £100 or the amounts paid by you to StayPrivate for the past 12 months in question.
</p> Resolving Disputes <p> We prefer to address any concerns without resorting to the law courts.
" |
|
PENDING |
docbot Bot |
| rebrandly |
"REBRANDLY’S LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, SERVICES, AND DOCUMENTATION, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED IN THE AGGREGATE THE PRICE OF THE SUBSCRIPTION FEES IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE INCIDENT.</p>
<p>IN NO EVENT, WILL REBRANDLY BE LIABLE TO YOU OR " |
|
PENDING |
docbot Bot |
| Sixty01 |
"LIMITATION OF LIABILITY<br>
You expressly understand and agree that Sixty01 Village Community shall not be
liable for any indirect, punitive, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if Sixty01 Village
Community has been advised of the possibility of such damages), resulting from
any cause including: (i) the use or the inability to
use the Service.
(ii) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained
or messages received or transactions entered into through or from the Service.
(iii) unauthorized access to or alteration of your transmissions or data.
(iv)
statements or conduct of any third party on the Service.
(v) or any other
matter relating to the Service.</p>
<p>SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>THE TOTAL LIABILITY OF SIXTY01 VILLAGE
COMMUNITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT
LIABILITY), OR OTHERWISE, WILL NOT EXCEED THE LESSER OF TEN THOUSAND DOLLARS ($5,000)
OR THE AGGREGATE OF THE FEES PAID TO SIXTY01 VILLAGE COMMUNITY HEREUNDER IN THE
TWELVE MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR
DEMAND IS FIRST ASSERTED, WHICHEVER IS LESS.
" |
|
PENDING |
docbot Bot |
| CK-12 Foundation |
"15.2 EXCEPT AS PROVIDED IN SECTION 16.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CK-12 ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO CK-12 FOR ACCESS TO AND USE OF THE PLATFORM IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM AND (b) US$100.</li>
<li>15.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO " |
|
PENDING |
docbot Bot |
| Print Friendly |
"TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED.
WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.</p> 10. Limitation of Liability <p>TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS AND/OR PROPRIETARY INTERESTS RELATING TO THE AGREEMENT, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) EACH PARTY’S AGGREGATE LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THAT PARTICULAR PARTY IN CONNECTION WITH THIS AGREEMENT DURING THE THREE MONTH PERIOD IMMEDIATELY " |
|
PENDING |
docbot Bot |
| Princess Dental Staffing |
"11.3.
Limitation of Liability
<p>
<b>Incidental Damages and Aggregate Liability.</b>
In no event will Princess Dental Staffing be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Princess Dental Staffing, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
UNDER NO CIRCUMSTANCES WILL PRINCESS DENTAL STAFFING’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID PRINCESS DENTAL STAFFING FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.
</p>
<p>
<b>No Liability for non-Princess Dental Staffing Actions.</b>
" |
|
PENDING |
docbot Bot |
| Dice |
"We are not to be considered as an employer with respect to your use of the Site and we shall not be responsible for any employment decisions made by any entity posting job listings or resumes to the Site.</p> Limitation of Liability <p>NEITHER DICE NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.</p> Acknowledgement <p>This Site may contain links to other web sites operated by third parties, other than affiliates of the Company ("Linked Sites").
" |
|
PENDING |
docbot Bot |
| Synthesia |
"IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL SYNTHESIA BE LIABLE TO YOU FOR LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL OR REPUTATION, OR ANY INDIRECT OR CONSEQUENTIAL DAMAGE RESULTING FROM YOUR USE OF THE SERVICE OR ANY CONTENT THEREIN.</p>
<p>IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL SYNTHESIA’S TOTAL AGGREGATE LIABILITY ARISING FROM, IN CONNECTION WITH, OR RELATING TO THESE TERMS, THE SERVICE OR ANY CONTENT THEREIN EXCEED: (I) IF YOU HAVE MADE ANY PURCHASE, THE AMOUNT OF THE PURCHASE GIVING RISE TO THE RELEVANT DISPUTE.
" |
|
PENDING |
docbot Bot |
| Kaggle |
"ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) WILL KAGGLE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO KAGGLE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) " |
|
PENDING |
docbot Bot |
| VPNCity |
"In the case of arbitration, the arbitrator must be a professional with a strong background in relation to networking, computer systems, and virtual private networks.<br>
<br>Any arbitration case started against VPNCity will end with an award to one of the involved parties.
In the case that VPNCity is not the complainant, this reward will never exceed the total amount paid by you to VPNCity for the use of its products or services.
As part of this arbitration clause, VPNCity includes any and all employees, contractors, officers, directors, and any legal entity tied to VPNCity.</li>
</ul>
<p>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Zcash Community Forum |
"11.
Limitation of Liability <p>In no event will the Zcash Foundation, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to the Zcash Foundation under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Idea Buddy |
"To the extent permissible under the law as it applies to you and/or your use of the Service, Site, or Content, and without detracting from the aforementioned, no action may be brought by you after one (1) year has elapsed following the occurrence of such cause of action against Deep Blue Sea Studio or any of its employees, directors, officers, affiliates, or end-users for any cause whatsoever, including the breach of these terms.</p>
<p>The foregoing restrictions, exclusions, and disclaimers shall apply to all claims for damages, whether based on a contractual action, on negligence, on a warranty, strict liability, negligence, tort, or otherwise.</p>
<p>You hereby acknowledge and agree that these restrictions of liability are agreed to apportionments of risk comprising in part the consideration for Deep Blue Sea Studio’s Site, Content or Services offered to you, and such restrictions will apply notwithstanding the failure of essential purpose of any limited remedy, and even in the instance where Deep Blue Sea Studio and/or any Deep Blue Sea Studio affiliates have been advised of the possibility of such liabilities and/or damages.</p>
<p>Notwithstanding anything to the contrary, and without detracting from the foregoing restrictions, Deep Blue Sea Studio’s total liability to you shall not exceed the amounts you paid for a Deep Blue Sea Studio Subscription Plan over the 12 months immediately preceding the occurrence of the cause of action.</p>
<p>User fully recognizes by agreeing to the terms herein that Deep Blue Sea Studio and its affiliates provide no guarantees as to the performance, exactness, functionality or appropriateness of the Service, or Content for any given purpose.
" |
|
PENDING |
docbot Bot |
| VidMoly |
"(3) the results that may be obtained from the use of the Service will be accurate or reliable.
(4) the quality of any products, services, information, or other material obtained by you through the Service will meet your expectations.
(5) any errors in the components or contents of the Service will be corrected.
or (6) that the Service is free of viruses or other harmful components.
YOU UNDERSTAND AND AGREE THAT VidMoly WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INTEREST OR APPRECIATION, LOSS OF GOODWILL, OR HARM TO REPUTATION, OR FOR ANY INTANGIBLE LOSSES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE OR ANY DATA UPLOADED, STORED OR MADE AVAILABLE THROUGH THE SERVICE, WHETHER OR NOT VidMoly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, YOU UNDERSTAND AND AGREE THAT THE MAXIMUM LIABILITY OF VidMoly ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU TO VidMoly, OR OWED BY VidMoly TO YOU, PURSUANT TO THESE TERMS OF SERVICE AND THE OTHER TERMS AND CONDITIONS THEY INCORPORATE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the limitations on liability and damages set forth above may not apply to you.
" |
|
PENDING |
docbot Bot |
| Faithful Counseling |
"YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.</p>
<p>YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.</p>
<p>If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.</p>
<p>This section (limitation of liability) shall survive the termination or expiration of this Agreement.</p>
</li>
<li>
<p> Arbitration</p>
<p>THIS SECTION 6 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT."</p>
" |
|
PENDING |
docbot Bot |
| GoHire |
"and</p>
<p>15.2.3 the Services and the Online Documentation are provided to you on an "as is" basis.</p>
<p>15.3 Nothing in these Terms excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation.</p>
<p>15.4 Subject to clause 15.2 and clause 15.3:</p>
<p>15.4.1 we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, loss incurred as a result of the use of any Content in the Service, loss suffered during a dispute between you and an Applicant or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms.
and</p>
<p>15.4.2 our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the total Subscription Fees paid for the Subscriptions during the 12 months immediately preceding the date on which the claim arose.</p> 16.
" |
|
PENDING |
docbot Bot |
| CompanyWide.com |
"SHALL COMPANYWIDE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANYWIDE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.
" |
|
PENDING |
docbot Bot |
| Seven |
"In no event shall Perigee be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence.
To the maximum extent permitted under applicable law, Perigee’s aggregated liability for any direct damages shall be limited to the lesser of: (1) membership fees paid by the user.
(2) membership fees paid by the user during the previous calendar year.
or (3) 5 000 SEK.</p>
Governing law and dispute resolution
<p>These Terms and the use of Seven are governed by the laws of Sweden, except for its conflicts of laws principles.
" |
|
PENDING |
docbot Bot |
| Sketch |
"No oral or written advice given by Sketch B.V., its dealers, distributors, agents, employees or subcontractors shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.</p>
</li>
<li>
<p>You use the Sketch Platform at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You only.
Sketch does not warrant: (i) that the Sketch Platform will meet Your specific requirements, (ii) that the Sketch Platform will be uninterrupted, timely, secure or error free, (iii) that the results that may be obtained from the use of the Sketch Platform will meet Your expectations.
Sketch specifically disclaims any implied warranties of merchantability, fitness for particular purpose, title and non-infringement.</p>
</li>
</ol> Limitation of Liability <ol>
<li>
<p>To the maximum extent permitted by applicable law, the total aggregate liability of Sketch B.V., its Affiliates, personnel, subcontractors, agents or any third party that has been involved in the creation, production, or delivery of the Sketch Platform for all damages arising out of or in any way relating to the Sketch Platform, shall in no event exceed the total amount(s) paid to Sketch in the preceding 12 months.</p>
</li>
<li>
<p>Without prejudice to the foregoing, in no event shall Sketch B.V., its Affiliates, personnel, subcontractors, agents or any third party that has been involved in the creation, production, or delivery of the Sketch Platform, be liable for indirect, incidental, special and/or consequential damages or purely financial loss such as missed business opportunities, lost sales, volume, revenue and profit, and data loss in connection with or arising out of the Agreement.
" |
|
PENDING |
docbot Bot |
| Epic Games |
"To the full extent permissible by law, Epic disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Epic does not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, Epic’s servers, or electronic communications sent from Epic are free of viruses or other harmful components.<br>
<br>
To the full extent permissible by law, Epic will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this these Terms.
Further, to the full extent permissible by law, Epic’s aggregate liability arising out of or in connection with these Terms will not exceed the total amounts you have paid (if any) to Epic under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability.
These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.<br>
<br>
<br>
<u>
<strong>Indemnification</strong>
</u>
<br>
<br>
This section only applies to the extent permitted by applicable law. .
" |
|
PENDING |
docbot Bot |
| Kidadl |
"Liability</b>
<p>Except as expressly and specifically provided in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
If you are a consumer, nothing in these Terms affects your legal rights. </p>
<p>We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes our liability (i) for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or (ii) for fraud or fraudulent misrepresentation.</p>
<p>WE ARE NOT LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR SIMILAR LOSSES OR PURE ECONOMIC LOSS, OR FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS COSTS, DAMAGES, CHARGES OR EXPENSES HOWEVER ARISING.
OUR TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THE SERVICE UNDER THESE TERMS SHALL BE LIMITED TO THE GREATER OF: (A) THE PRICE YOU PAID FOR THE SERVICE DURING THE PREVIOUS MONTH PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
" |
|
PENDING |
docbot Bot |
| SpaceTraders |
"To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.</p>Limitation of Liability<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.</p>Severability and WaiverSeverability<p>If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.</p>" |
|
PENDING |
docbot Bot |
| SpaceTraders |
"Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your Account, You may simply discontinue using the Service.</p>Limitation of Liability<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| Epic Games |
"To the full extent permissible by law, Epic disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Epic does not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, Epic’s servers, or electronic communications sent from Epic are free of viruses or other harmful components.<br>
<br>
To the full extent permissible by law, Epic will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this these Terms.
Further, to the full extent permissible by law, Epic’s aggregate liability arising out of or in connection with these Terms will not exceed the total amounts you have paid (if any) to Epic under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability.
These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.<br>
<br>
<br>
<u>
<strong>Indemnification</strong>
</u>
<br>
<br>
This section only applies to the extent permitted by applicable law. .
" |
|
PENDING |
docbot Bot |
| ACON3D |
"<br>4.
In addition to the case above, if cash equivalent to or more than 60/100 (80/100 if the remaining cash is less than $10) of the charged cash (the amount charged at the time of cash payment completion) has been used by the member, the member can request for a refund of remaining cash.
" |
|
PENDING |
docbot Bot |
| 33mail |
"STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE 33MAIL SITES.
OR ANY OTHER MATTER RELATING TO THE 33MAIL SITES.
IN NO EVENT SHALL 33MAIL'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN 33MAIL AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY.
" |
|
PENDING |
docbot Bot |
| IPQualityScore |
"FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.</p>
<p>SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, IPQS' SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.</p>
<p>10.
Indemnification</p>
<p>" |
|
PENDING |
docbot Bot |
| Aim Labb |
"21.
Limitation of Liability.</strong>
</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER STATESPACE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STATESPACE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. </p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL STATESPACE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO STATESPACE FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO STATESPACE, AS APPLICABLE.</p>
<p>THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STATESPACE AND YOU.</p>
<p>
<strong>22.
Governing Law and Forum Choice.</strong>
</p>
<p>These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions.
" |
|
PENDING |
docbot Bot |
| English Grammar 101 |
"and/or (vii) content you create or the defamatory, offensive, or illegal conduct of any third party.
In no event shall Cingletree, its affiliates, agents, managers, members, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Cingletree hereunder or $100.00, whichever is greater.</p>
<p>This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Cingletree has been advised of the possibility of such damage.
" |
|
PENDING |
docbot Bot |
| CindyMatches |
"OR (v) ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO INTERACTIONS OR COMMUNICATIONS FROM OR WITH ANY OTHER MEMBER OR PROFILE .
THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE OR REASON WHATSOEVER SHALL BE AT ALL TIMES LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR USE OF THE SERVICE DURING THE TERM OF YOUR USE.
" |
|
PENDING |
docbot Bot |
| Unroll.me |
"If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S.
Dollars ($250.00), we will pay the additional cost.
" |
|
PENDING |
docbot Bot |
| abstultus.com |
"fault, negligence or omission of a third party over whom Abstultus has no control or supervision power;</li>
<li>a request for a temporary or permanent interruption of the Service from a competent administrative or judicial authority, or upon notice from a third party.
or</li>
<li>the total or partial destruction of information transmitted or stored resulting from errors directly or indirectly attributable to the Customer.</li>
</ul>
<p>The Customer acknowledges that Abstultus authorizes other Service users to install their websites and servers in his/its facilities.
Abstultus shall not be liable in any way whatsoever for damages, costs or losses incurred by the Customer (or by his/its own customers) and caused by another Service user’s act, material or failure to act, Abstultus’ liability in contract, in tort (including negligence) or by statute, or otherwise, to the Customer (or his/its own customers), concerning performance or non-performance, as applicable, of any obligation created under this Agreement, with regard to any claim, shall be limited and shall not, in the aggregate, exceed the total fees paid by the Customer to Abstultus under this Agreement in the three- (3-) month period immediately preceding the date on which the claim arose.
In no event shall Abstultus be liable for any lost profits, or any special, indirect, consequential, incidental or punitive damages.</p>
<p>Abstultus does not offer any backup for the hosted data.
" |
|
PENDING |
docbot Bot |
| KnowledgeOwl |
"Limitation of Liability<ol>
<li>
<p>
<strong>FOR ANY BREACH OR DEFAULT BY SILLY MOOSE OF ANY OF THE PROVISIONS OF THIS AGREEMENT, OR WITH RESPECT TO ANY CLAIM ARISING FROM OR RELATED TO THE KNOWLEDGEOWL SERVICES, SOFTWARE OR THIS AGREEMENT, SILLY MOOSE’S ENTIRE LIABILITY, SHALL IN NO EVENT EVER EXCEED ANY OF THE FOLLOWING: (A) THE FEES PAID TO SILLY MOOSE BY CUSTOMER PURSUANT TO THIS AGREEMENT IN THE THREE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION FIRST AROSE EVEN IF THE CAUSE OF ACTION IS A CONTINUING ONE, OR (B) IN THE AGGREGATE WITH RESPECT TO ALL CLAIMS MADE UNDER OR RELATED TO THIS AGREEMENT, THE AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT IN THE PRECEDING TWELVE MONTH PERIOD. </strong>
</p>
</li>
<li>
<p>
<strong>IN NO EVENT WILL SILLY " |
|
PENDING |
docbot Bot |
| Techie Youth |
"THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.<br>
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICE IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.<br>
12.
" |
|
PENDING |
docbot Bot |
| Foony |
"We make no warranties be they express or implied as to the operation of the Services unless such warranties or other consumer rights are legally incapable of being excluded or limited in your local jurisdiction.8.3.
Any risk associated with using our Services to the fullest extent permissible by law rests entirely with you, as does the risk of any injury from using the Services.8.4.
We disclaim all warranties be they express or implied including warranties of merchantability and fitness for purpose.8.5.
We do not warrant that the Services are free from viruses or any other harmful component.8.6.
To the fullest extent allowed by any law any disclaimers of liability in these Terms of Service apply to all damages or injury caused by the Services, related to the Services, and inability to use the Services, under any cause of action in any jurisdiction, including actions for breach of warranty, breach of contract, or tort (including negligence).8.7.
To the fullest extent allowed under any applicable laws, our aggregate liability arising from these Terms of Service is limited to the total amount you have paid to us in the one hundred and eighty (180) days preceding the date you first assert any such claim.
" |
|
PENDING |
docbot Bot |
| Equifax |
"THROUGH ANY OTHER MEDIUM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.<br> THIS SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.</li>
<li>NOTICE OF CLAIMS.
If, notwithstanding the foregoing Section, Equifax or any Affiliated Person is held to be liable to You, the amount of such liability shall not exceed the amounts paid by You under this Agreement, in the twelve (12) months preceding the claim, for the specific Products giving rise to the claim.
If You desire to make a claim against Equifax or any Affiliated Person(s) concerning this Agreement, the Site, or the Product, You must first notify Equifax in writing of Your potential claim, the grounds for Your claim, and the relief You seek.
" |
|
PENDING |
docbot Bot |
| Dropbox |
"DROPBOX AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.</p>
<p>OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH DROPBOX.
THIS PROVISION DOES NOT APPLY TO EU CONSUMERS WHERE PROHIBITED BY APPLICABLE LAW.</p>
<p>Resolving Disputes</p>
<p>" |
|
PENDING |
docbot Bot |
| Petal Search |
"If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to stop accessing and using the Services.
Without prejudice to the preceding restrictions, and to the maximum extent permitted by applicable laws in your jurisdiction, in no event will the Huawei Parties' total aggregate liability to you or to any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort (including negligence), or under any other theory exceed €50.00.
You acknowledge and agree the disclaimers and limitations of liability expressed in this Agreement are fair and reasonable.</p>
<p>The laws of some countries do not allow for some or all of the limitations and exclusions described above.
" |
|
PENDING |
docbot Bot |
| MuseScore |
"OR © UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL MUSESCORE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S.
DOLLARS (U.S.
$100.00).</p>
<p>" |
|
PENDING |
docbot Bot |
| Surfshark |
"Our Services may be updated, modified, suspended or interrupted at any time without any notice or liability.</p>
<p>We may, from time to time, include computer software supplied by third parties together with our Services.
Such third parties’ computer software is provided with permission of the relevant copyright holders and/or licensors, and on their provided terms.</p>
<p>SURFSHARK AND ITS AFFILIATES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR USE OF THE SERVICES, ANY THIRD PARTY COMPUTER SOFTWARE PROVIDED TOGETHER WITH THE SERVICES, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE OR OUR SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE WEBSITE OR OUR SERVICES, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.OUR TOTAL AGGREGATE LIABILITY IN ANY CASE SHALL NOT EXCEED YOUR TOTAL AMOUNT PAID FOR THE SERVICES.</p>
<p>ANTIVIRUS IS NOT INTENDED FOR USERS REQUIRING CONTINUOUS, ERROR-FREE OR FAILSAFE OPERATION (INCLUDING, WITHOUT LIMITATION, IN APPLICATIONS INVOLVING NUCLEAR POWER PLANTS, MILITARY APPLICATIONS, AIRCRAFT NAVIGATIONAL AND COMMUNICATIONS SYSTEMS, OR IN MEDICAL OR OTHER APPLICATIONS ESSENTIAL TO MAINTAINING HUMAN LIVES).
SURFSHARK HEREBY DISCLAIMS THAT ANTIVIRUS IS FIT FOR USE IN SPECIAL-RISK AREAS.</p>
<p>" |
|
PENDING |
docbot Bot |
| Battlefy |
"BATTLEFY AND/OR THE RELATED PARTIES ARE NOT LIABLE FOR ANY ACTIONS OF TOURNAMENT ORGANIZERS OR THEIR FAILURE TO DISTRIBUTE PRIZES.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF BATTLEFY OR ANY OF THE RELATED PARTIES, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE AND $100 USD.</p>
<p>Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Battlefy and its affiliates shall be limited to the fullest extent permitted by law.</p>
<p>14.
Indemnification</p>
<p>" |
|
PENDING |
docbot Bot |
| Confirmic |
"For these purposes, we require, and you hereby grant us, a worldwide, non-exclusive, royalty free licence to store, use, reproduce, display and transmit the Account Information, and any other materials transmitted via the Service to the extent necessary to enable your use of the Services, including monitoring services.
This licence shall remain in effect until and unless these Terms of Service are terminated by you or us.</p>
<p>
<strong>10.
Limitation of Liability</strong>
<br> You agree to the following limitations on our liability to you:<br> • <em>Exclusion of certain losses</em>: We shall not be liable to you for any loss of profits, business, anticipated savings, goodwill or business opportunity, business interruption, loss or corruption of data or information, or for any special, indirect or consequential loss or damage, howsoever arising under these Terms of Service.
and<br> • <em>Cap on liability:</em> Our maximum aggregate liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms of Service shall be limited to the aggregate amount of Fees paid by you to Confirmic during the three-month period immediately preceding the event that gave rise to your claim for damages.
" |
|
PENDING |
docbot Bot |
| TWINT |
"An acquirer is a specialised service provider that connects the merchant to the TWINT system, enabling the merchant to accept TWINT payments.
The acquirer pays a portion of the fee received in this way to TWINT AG (so-called bilateral fee).
The exact amount of the bilateral fee paid is jointly agreed by the acquirer and TWINT AG and is typically dependent on various factors, including:</p>
<ul>
<li>" |
|
PENDING |
docbot Bot |
| JLCPCB |
"Subject to the foregoing, in no event shall the liability of JLCPCB relating in any way to any product exceed the purchase price for the product, regardless of the legal theory asserted for such liability, whether in contract, tort, warranty or otherwise.
You acknowledge that the amounts payable for the products are based in part on these limitations, and you further agree that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.</strong>
</p>
<p>
<br>
</p>XVIII.
<strong>Governing Laws and Dispute Resolution</strong>
<p>
<br>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Gun.io |
"OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER GUN.IO WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.</p>
<p>
<strong>
<em>(b).</em>
</strong> MAXIMUM AGGREGATE LIABILITY.
IN NO EVENT WILL GUN.IO’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $1,000.</p>
<p>
<strong>
<em>(c).
" |
|
PENDING |
docbot Bot |
| Bambu Lab |
"12.2 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BAMBU LAB, ITS EMPLOYEES, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF BAMBU LAB OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.</p>
<p>12.3 IN NO EVENT SHALL BAMBU LAB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING DEATH OR PERSONAL INJURY RESULTING FROM BAMBU LAB'S NEGLIGENCE) EXCEED THE AMOUNT YOU PAID FOR YOUR BAMBU LAB PRODUCT.</p>
<p>12.4 The laws of some countries/regions do not allow the exclusion or limitation of certain warranties, guarantees or liabilities.
" |
|
PENDING |
docbot Bot |
| FuboTV |
"fuboTV will provide You with notice of any such claim or allegation, and fuboTV will have the right to participate in the defense of any such claim at its expense. </p>
20.
Limitation on Liability.
<p>fuboTV will not BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH THIS AGREEMENT OR OUT OF THE USE OF THE PLATFORM OR ANY CONTENT OR SERVICES, EVEN IF fuboTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF CONTENT, OPPORTUNITY, REVENUES, PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE CONTENT, GOODS, OR SERVICES.
fuboTV’s TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE PLATFORM, AND all CONTENT AND SERVICES provided under this agreement OR THROUGH THE PLATFORM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED ANY amounts paid by you to fuboTV in the 12 month period preceding the events giving rise to any liability.
You agree THAT fuboTV WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
" |
|
PENDING |
docbot Bot |
| Conjuguemos |
"Provided that our dispute is finally resolved through arbitration in your favor, the Company shall pay you the greater of (i) the amount awarded by the arbitrator, if any, (ii) the greatest amount offered by the Company in settlement of the dispute prior to the arbitrator's award.</p>
<p>(E) Fees: in the event that you commence arbitration in accordance with these Terms of Service, the Company will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules.
" |
|
PENDING |
docbot Bot |
| SayMine |
"ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY USER CONTENT AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU.
IN THE EVENT THAT DESPITE THE EXPLICIT PROVISIONS OF THIS PARAGRAPH, WE ARE FOUND LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, OUR MAXIMUM LIABILITY FOR ANY SUCH DAMAGES OF ANY KIND, SHALL NOT EXCEED 100 US$.</p>
<p>" |
|
PENDING |
docbot Bot |
| here.fm |
"ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH Here WILL BE RESPONSIBLE FOR.</p>16.
Limitation of Liability<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, Here AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
(B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES.
OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF Here HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL Here’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID Here., IF ANY, IN THE LAST 12 MONTHS.</p>17.
Waiver<p>No failure or delay by either party in exercising any right under the User Terms, will constitute a waiver of that right.
" |
|
PENDING |
docbot Bot |
| Amethyst Craft |
"Limits on Liability
<p>
<em>
<strong>Neither the company nor its suppliers will be liable to you for breach-of-contract damages their personnel could not have reasonably foreseen when you agreed to these terms.</strong>
</em>
</p>
<p>
<em>
<strong>As far as the law allows, the total liability to you for claims of any kind that are related to the forum or content on the forum will be limited to $0.</strong>
" |
|
PENDING |
docbot Bot |
| StarVPN |
"8.4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.</p>
<p>8.5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.</p>
<p>8.6. We will not be liable to you in respect of any special, indirect or consequential loss or damage.</p>
<p>8.7. Our aggregate liability to you under the Terms of Service will not exceed the greater of: (a) USD $100.00 and (b) the total amount paid and payable by you to us under the Terms of Service in the 12 months prior to such liability.</p>
<p>" |
|
PENDING |
docbot Bot |
| AT&T Promotions |
"HOME SERVICE PROS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HOME SERVICE PROS SHALL NOT BE LIABLE FOR THE USE OF THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED HEREIN.
IN NO EVENT WILL HOME SERVICE PROS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities that otherwise would have been limited, shall not exceed the greater of fifty dollars ($50.00) or the amount paid by you to Home Service Pros for your use of any services.</p>
<p>" |
|
PENDING |
docbot Bot |
| Olio |
"and </li>
<li>direct damages in amounts that in the aggregate exceed the amount actually paid by you for the App or your subscription to the App. </li>
</ol>
</li>
<li>The foregoing limitations will apply whether such losses or damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable or we were advised of the possibility of such damages. </li>
<li>Some jurisdictions do not allow certain limitations of liability, so some or all of the above limitations of liability may not apply to you.
" |
|
PENDING |
docbot Bot |
| Rate House |
"The arbitration shall be conducted by a single, neutral arbitrator. .
Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. .
" |
|
PENDING |
docbot Bot |
| ReQuiz |
"Upon termination, Your right to use the Service will cease immediately.</p> Limitation of Liability
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
In these states, each party's liability will be limited to the greatest extent permitted by law.</p> "AS IS" and "AS AVAILABLE" Disclaimer
<p>The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.
" |
|
PENDING |
docbot Bot |
| Skiff World, Inc |
"DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR LOSS OF PROFIT OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES AND ANY OTHER SERVICES RENDERED HEREUNDER (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF SKIFF IS OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
SKIFFs TOTAL CUMULATIVE AND AGGREGATE LIABILITY TO YOU WILL NOT EXCEED $500.<br><br>
<strong>10.
Dispute Resolution.</strong>
<br>
<em>10.1.
" |
|
PENDING |
docbot Bot |
| hilokal |
"18.
Limitation of Liability </p>
<p> 18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HILOKAL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HILOKAL ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
</p>
<p> 18.2 EXCEPT AS PROVIDED IN SECTION 18.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE HILOKAL ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO HILOKAL FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.
" |
|
PENDING |
docbot Bot |
| Biasly |
"any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like</li>
<li>any other matter relating to the Programs.</li>
</ul>
</li>
</ol>
<p>– In no event will Biasly’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.</p>
<p>– Biasly and its Affiliates are not a party to any agreement which you may enter into with a Consumer.
" |
|
PENDING |
docbot Bot |
| wink |
"Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.</p>
<p>
<strong>Wink’s liability to you is expressly limited, to the extent allowable under applicable law.</strong>
</p>
<p>IN NO EVENT SHALL WINK OR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING WITHOUT LIMITATION ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT THE COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
IN ADDITION, IN NO EVENT WILL WINK’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED ONE HUNDRED DOLLARS (U.S.
$100.00).</p>
<p>Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you.
" |
|
PENDING |
docbot Bot |
| TTS Monster |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDINGANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWO (2)MONTH PERIOD PRIOR TO ANY CAUSE OF ACTIONARISING OR $500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Verkada |
"(b) any breach by Verkada of the DPA, <u>Section 8</u> (Data Protection), or other data privacy and security obligations.
Each party’s total, cumulative liability for all Excluded Claims will not exceed two (2) times the total amount paid or payable by Customer for use of the Products under this Agreement during the Term.</p>
<p>
<b>11.5.</b> <u>Uncapped Claims</u>.
“ <b>Uncapped Claims</b>“ means any claim or liability associated with: (a) Customer’s breach of <u>Section 2.2</u> (License to Customer Data), <u>Section 5.1</u> (Compliance), and <u>Section 3 of Exhibit B</u> (Customer Obligations) (if applicable).
(b) either Party’s breach of confidentiality (but not relating to any liability associated with Verkada’s security obligations with respect to Customer Data which remains subject to the Excluded Claims cap).
or (c) any liability of a Party which cannot be limited under applicable law, including gross negligence, recklessness, or intentional misconduct.</p>12.
MISCELLANEOUS<p>" |
|
PENDING |
docbot Bot |
| Mobile Citizen |
"INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF ANY MOBILE CITIZEN PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE, THE LIABILITY OF THE MOBILE CITIZEN PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO MOBILE CITIZEN FOR USE OF ANY SERVICE AVAILABLE " |
|
PENDING |
docbot Bot |
| WeatherAPI |
"ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WeatherAPI.com SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DAMAGES IN EXCESS OF THE AMOUNT YOU HAVE PAID AS SUBSCRIPTION FEES FOR THE SERVICES.
" |
|
PENDING |
docbot Bot |
| Fluid Truck |
"In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreement to this release.</li>
<li>
<p>Limitations on Liability.
Regardless of any of the provisions in these Terms, if Fluid is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount paid for your Transaction.
or (b) the amount of fees in dispute not to exceed the total fees, which you paid to Fluid in the past twelve (12) months prior to the action giving rise to the liability.
or (c) $100.00.</p>
<ul>
<li>Disclaimer.<br>
</li>
</ul>
<ol>
<li>The Services are intended to be used to facilitate Lenders and Borrowers connecting and sharing items directly with each other.
Fluid cannot and does not control the content contained in any listing and the condition, legality or suitability of any item.
Fluid is not responsible and expressly disclaims any and all liability related to any and all listings and items.
" |
|
PENDING |
docbot Bot |
| How We Feel |
"ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE APP, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.</li>
</ol>
<p>
</p>
<p>IN THE EVENT OF ANY PROBLEM WITH THE APP OR ANY MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE APP, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APP.
IN NO EVENT SHALL ORGANIZATION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF THE SERVICES PURCHASED " |
|
PENDING |
docbot Bot |
| North American Properties |
" </p>
<p>IN NO EVENT WILL NAP’S LIABILITY OR THE LIABILITY OF ITS LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, INVESTORS, AGENTS, AND CONTRACTORS IN CONNECTION YOUR USE OF THESE SITES, UNDER ANY THEORY OF RECOVERY, EXCEED $1,000. </p>
<p> </p>
<p>
<b>THESE TERMS</b>
<b>DEFINE YOUR SOLE AND EXCLUSIVE REMEDY.</b>
</p>
<p> </p>
<p>TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.</p>
<p> </p>
<p>" |
|
PENDING |
docbot Bot |
| Fuel Up to Play 60 |
"A THIRD PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN THE LIABILITY OF THE FUEL UP TO PLAY 60 WEBSITE PARTIES AND/OR THEIR REPRESENTATIVES AND/OR SUBSIDIARIES, OFFICERS, AGENTS AND/OR EMPLOYEES WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S.
$100.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.<br>
<br>
</p> NOTICE<p>We may provide notices of changes to these Terms of Use or other matters by posting conspicuous notices or links to notices to you generally on our site.
" |
|
PENDING |
docbot Bot |
| Wyoming Registered Agent Services LLC |
"OR PUNITIVE DAMAGES REGARDLESS OF THE LEGAL THEORY, OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO YOUR USE OF THIS WEBSITE AND OUR SERVICES SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO US FOR SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE DATE OF YOUR CLAIM.</p>
Business Filing and Registered Agent Services
Accurate and Current Information
<p>Because of various state requirements and statutes, we do need accurate information concerning the filings we perform on your behalf.
" |
|
PENDING |
docbot Bot |
| ClickMagick |
"The Service will notify Client, through online reports and in some cases e-mails, of such identifications.
The Service will not prevent the click fraud from occurring, nor detect all types and all instances of click fraud that may occur.
</li>
<li> ClickMagick's total cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed US .
</li>
</ul> " |
|
PENDING |
docbot Bot |
| Pearson |
"CONDITION, WARRANTY, RIGHT, OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND IN SUCH INSTANCES OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.</p>
<p>IN NO EVENT SHALL PEARSON OR ITS EMPLOYEES, OFFICERS, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND - INCLUDING, WITHOUT LIMITATION ANY CLAIMS OR DAMAGES BASED ON YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY WEBSITES, OR APPLICATIONS ACCESSED THROUGH THE SERVICES, DAMAGE TO PROPERTY, THIRD-PARTY CLAIMS, LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, LOSSES CAUSED BY YOUR RELIANCE ON ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES, AND/OR ANY OTHER LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES.
PEARSON'S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SPECIFIC SERVICES FROM WHICH THE LOSS ARISES.
THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF PEARSON HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, AND/OR " |
|
PENDING |
docbot Bot |
| World Wildlife Fund |
"IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WWF, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WWF FOR ACCESS TO OR USE OF THE SITE.</p>
" |
|
PENDING |
docbot Bot |
| Sceneinsider |
"Upon termination, Your right to use the Service will cease immediately.</p>
Limitation of Liability
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| Avalon North Creek |
"We do not warrant that the Service will be uninterrupted, timely, secure or error-free.
There may be delays, errors, defects, omissions, interruptions and inaccuracies in the information or other materials available on or through the Service.
AvalonBay is not responsible for the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, the content of the Service, or other any other website that may be linked to on through the Service.</p>
<p> THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In those jurisdictions which prohibit the exclusion or limitation of liability for consequential or incidental damages, any such liability shall be limited to the maximum extent permitted by law.
In no event will AvalonBay’s aggregate liability for any and all claims related to the Services exceed $100 US or the amount you paid to AvalonBay, if any, in the last 12 months, whichever is greater.</p>
<p>
<strong>Indemnity</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Hola VPN |
"OR FOR INABILITY TO USE THE SERVICE, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED FIFTY DOLLARS ($50.00) " |
|
PENDING |
docbot Bot |
| Chaster |
"Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.</p>Limitation of Liability<p>Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the service.
To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
" |
|
PENDING |
docbot Bot |
| RizzGPT |
"EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.</p>
<p>(c) Limitations of Liability.
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.</p>
8.
Dispute Resolution
<p>YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:</p>
<p>(a) MANDATORY ARBITRATION.
" |
|
PENDING |
docbot Bot |
| The Good Cloud |
",basis whatsoever, explicitlyincluding each and every failure to Circumstances beyond supplier’s control include, among other ,meet a guaranteeor indemnification obligation agreed on with things: (i) circumstances beyond the control of supplier’s ,client, is limited to the compensation of damages as described suppliers, (ii) the failure by supplier to properly meet obligations ,in more detail in this article.that were contracted by supplier on client’s instructions, (iii) ,16.2Direct damage is limitedto a maximum of the price stipulated defects in goods, hardware, software or materials of third ,for the agreement in question (excluding VAT).
If the agreement parties that supplier uses on client’s instructions, (iv) measures ,is mainly a continuingperformance contract with a duration of by public authorities, (v) power failures, (vi) failuresof the ,more than one year, the price stipulated for the agreementis Internet, data network or telecommunication facilities, (vii) ,set at the total sum of the payments (excluding VAT) stipulated(cyber) crime, (cyber) vandalism, war or terrorism and (viii) ,for one year.
In no event does supplier’s total liability for any general transport problems." |
|
PENDING |
docbot Bot |
| ClickFunnels |
"THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
<br>
</p>
<p>IN NO EVENT SHALL CLICKFUNNELS’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO CLICKFUNNELS FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST CLICKFUNNELS OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
" |
|
PENDING |
docbot Bot |
| Career Crossroad |
"NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE <strong>
<em>12</em>
<em>
</em>
</strong>
<em> MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Recruit Bright |
"Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.</p>
<p>
<strong> </strong>
</p>
Limitation of Liability
<p>Notwithstanding any damages that you might incur, the entire liability of Recruit Bright and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website/app.</p>
<p>To the maximum extent permitted by applicable law, in no event shall Recruit Bright or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website/app, third-party software and/or third-party hardware used with the website/app, or otherwise in connection with any provision of this Agreement), even if Recruit Bright or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>" |
|
PENDING |
docbot Bot |
| VPN Elf |
"ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.</p>
<p>IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE VPNElf PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SERVICE, SOFTWARE OR ANY CONTENT THEREIN, THE VPNElf PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID VPNElf FOR YOUR USE OF THE SERVICE.
AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.</p>
<p>SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES.
IN SUCH STATES OR JURISDICTIONS, THE VPNElf PARTIES' LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.</p>
</li>
<li>
" |
|
PENDING |
docbot Bot |
| Herald Publishing Association |
"USER HEREBY ACKNOWLEDGES THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITES.</p>
<p>IN NO EVENT SHALL RHPA OR ANY AFFILIATED RHPA ENTITY OR INDIVIDUAL, LICENSOR OR VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF RHPA OR A RHPA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL RHPA’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF THE AGREEMENT AND YOUR USE OF THE SITES AND THE CONTENT EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT PURCHASED BY YOU ON THE SITES OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES.<br>
</p> Indemnification <p>" |
|
PENDING |
docbot Bot |
| Pew Research Center |
"OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.<br>TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID TO ACCESS THE SERVICES.</p>
<p>
<strong>8.
INDEMNIFICATION</strong>.
" |
|
PENDING |
docbot Bot |
| AI:R MATH |
"Limitation of Liability</p>
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RIIID SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT RIIID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
</p>
<p>UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT RIIID ARE LIABLE TO YOU EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO RIIID BY YOU WITH RESPECT TO THE SERVICE PURCHASED BY YOU.
</p>
<p>
</p>
<p>
</p>
<p>15.
" |
|
PENDING |
docbot Bot |
| Wordfence |
"LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY</strong>
<br>
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER THE DISCLAIMER OF WARRANTIES OR DISCLAIMER OF CERTAIN DAMAGES SECTIONS, OUR MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE MONIES PAID BY YOU TO COMPANY IN THE 12 MONTHS PRECEDING THE RELEVANT CLAIM OR $10, WHICHEVER IS GREATER.
" |
|
PENDING |
docbot Bot |
| Texthelp Ltd |
"OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
IN NO EVENT SHALL EITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE LESSER OF EITHER ONE MILLION DOLLARS ($1,000,000) OR THE TOTAL PRODUCT FEES PAID FOR THE AUTHORIZED SEATS DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.</li>
<li>" |
|
PENDING |
docbot Bot |
| HOYOVERSE |
"In no event shall COGNOSPHERE be liable to you or third parties for any indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if COGNOSPHERE has been advised of the likelihood of such damages occurring.</p>
<p>d.
COGNOSPHERE has no control over third-party sites which you may have access, including those sites which are linked to our websites.
Therefore, COGNOSPHERE is not responsible for the content or function of any other websites and disclaims any liability for any aspects of such third-party websites via your direct access or through our websites or software functionality.
The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.</p>
<p>e.
The maximum aggregate, cumulative liability of COGNOSPHERE and our members, officers, employees, directors, consultants, affiliates, will not exceed your direct damages, if any, up to the total amount paid by you to us during the three (3) months prior to your making a claim against COGNOSPHERE.
These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.</p>
<p> </p>
<p>
<strong>13.
Limitation on Claims</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Josh.ai |
"AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
" |
|
PENDING |
docbot Bot |
| Lootably |
"ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.<br>
<strong>
<strong>
<strong>
<strong>19.</strong>
</strong> </strong>LIMITATIONS OF LIABILITY</strong>
<br>IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $5,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| The Texas Tribune |
"OR (F) ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING CONTESTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TEXAS TRIBUNE’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO $50.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
</p>
<p>The warranty disclaimers and limitations of liability set forth in this Agreement shall apply irrespective of any failure of essential purpose of any limited remedy.
</p>
</li>
<li>
<p>
<strong>Indemnity</strong>.
" |
|
PENDING |
docbot Bot |
| Wellcare Health Plans |
"DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), EVEN IF WELLCARE KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
THE MAXIMUM CUMULATIVE DAMAGES YOU MAY OBTAIN FROM WELLCARE OR ITS AFFILIATE COMPANIES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS, OR SUPPLIERS SHALL BE LIMITED TO FUNDS PAID TO WELLCARE FOR YOUR USE OF THE SITE OR ONE-HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
" |
|
PENDING |
docbot Bot |
| PlateSmart |
"In no event shall Cyclops’ total liability to Licensee under this Section 8 exceed the License Fees paid to Cyclops by Licensee pursuant to Section 3 during the term of this Agreement.</p>
<p>
<em>THE FOREGOING STATES CYCLOPS’ ENTIRE LIABILITY FOR CYCLOPS’ SERVICES AND THE PLATESMART SOFTWARE UNDER THIS AGREEMENT.</em>
</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Writing.Com |
"THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES.
THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WRITING.COM 'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO WRITING.COM PURSUANT TO THIS AGREEMENT.
" |
|
PENDING |
docbot Bot |
| Texthelp Ltd |
"</ol>
<ol>
<li>Nothing in this Agreement excludes the liability of either Party:</li>
</ol>
<ol>
<li>for death or personal injury caused by Texthelp's negligence.
or</li>
<li>for fraud or fraudulent misrepresentation.</li>
</ol>
<ol>
<li>Subject to clause 14.1 and clause 14.2:</li>
</ol>
<ol>
<li>Texthelp shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement.
and</li>
<li>Texthelp's total aggregate liability in contract (including in respect of the indemnity at clause 13.1), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the lesser of £1,000,000 or the total Product Fees paid for the Authorised Seats during the 12 months immediately preceding the date on which the claim arose.</li>
" |
|
PENDING |
docbot Bot |
| Texthelp Ltd |
"or</li>
<li>any effect which use of Fluency Tutor may have on any software you use.</li>
</ol>
<p>13.
Our total aggregate liability for any loss, claim, cost, damages and/or expense incurred by you as a result of your or any third party’s use of Fluency Tutor shall be limited to 100% of the last annual subscription fee paid by you to us.
In the event that you have made no such payment, our total aggregate liability shall be £25.
In view of the fact that you are not required to make any payment for the license granted under these User Terms, you acknowledge that this limitation on our liability is reasonable.</p>
<p>14.
" |
|
PENDING |
docbot Bot |
| Encryptomatic LLC |
"AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.
</p>
<br>
<p>
<b>8.
LIMITATION OF LIABILITY:</b>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL ENCRYPTOMATIC LLC, ITS DISTRIBUTORS AND SUPPLIERS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS LICENSE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, LOSS OF DATA, LOSS OF PROFITS, DATA OR OUTPUT FROM THE SOFTWARE BEING RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF ENCRYPTOMATIC LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT, IN ANY EVENT, THE MAXIMUM PERMISSABLE DAMAGE SHALL NEVER AMOUNT TO MORE THAN THE ENTIRE PRICE PAID FOR THE SOFTWARE LICENSE.
</p>
<br>
<p>
<b>9.
EXPORT CONTROLS:</b>This Software may be subject to U.S.
export control.
The Software may be transmitted, exported, or re-exported only under applicable export laws and restrictions and regulations of the United States Bureau of Export Administration or foreign agencies or authorities.
" |
|
PENDING |
docbot Bot |
| Hormel Foods |
"THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES OR EXPENSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, DATA OR OTHER INTANGIBLES, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF OUR AUTHORIZED REPRESENTATIVE OR THE AUTHORIZED REPRESENTATIVE OF ONE OF OUR AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.</p>
<p>IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AND OUR AFFILIATES’ AGGREGATE LIABILITY (INCLUDING THE LIABILITY OF ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT, IF ANY, OF ANY AMOUNTS PAID BY YOU TO US OR THE APPLICABLE AFFILIATE IN CONNECTION WITH THE APPLICABLE PRODUCT OR SERVICE, OR IF YOU HAVE PAID NO SUCH AMOUNTS, $10.00.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION LIABILITY FOR CERTAIN TYPES OF DAMAGES.
" |
|
PENDING |
docbot Bot |
| Patriot ProTech |
"Upon termination, Your right to use the Service will cease immediately.</p> Limitation of Liability <p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
In these states, each party's liability will be limited to the greatest extent permitted by law.</p> "AS IS" and "AS AVAILABLE" Disclaimer <p>The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.
" |
|
PENDING |
docbot Bot |
| musicbed.com |
"In no event shall Licensor or any of its directors, officers, employees, shareholders, partners, or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this agreement, including without limitation Licensee's use of, reliance upon, access to, or exploitation of the recordings, or any part thereof, or any rights granted to Licensee hereunder, even if Licensor has been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.</li>
<li>In any event, Licensor's total maximum aggregate liability under this agreement, the license provided hereunder, or the use or exploitation of any or all of the recordings in any manner whatsoever shall be limited to the fees actually paid by Licensee to Licensor under this Agreement in respect of the use of the recordings.</li>
</ol>
<p>9.
This License is personal to the Licensee and strictly subject to the exercise of the rights set out herein.
The rights and obligations set forth in this Agreement may not be assigned or otherwise transferred without Licensor's prior written consent.
" |
|
PENDING |
docbot Bot |
| musicbed.com |
"ii. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MUSICBED SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.</p>
<p>iii. <strong>NOTWITHSTANDING THE FOREGOING, IN NO EVENT OR CIRCUMSTANCE SHALL MUSICBED’S CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO MUSICBED PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Texthelp Ltd |
"6.
Limitation of Liability.
IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL LICENSOR’s LIABILITY EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE.
</p>
<p>7.
Remedies.
" |
|
PENDING |
docbot Bot |
| Texthelp Ltd |
"or </p>
<p>▪ (ix) any special, indirect, consequential or pure </p>
<p>economic loss, or </p>
<p>▪ (x) costs, damages, charges or expenses.
</p>
<p>▪ (b) Texthelp Ltd.'s total aggregate liability in contract, tort (breach </p>
<p>of statutory duty), misrepresentation, restitution or </p>
<p>otherwise, arising in connection with the performance or </p>
<p>contemplated performance of the agreement shall be </p>
<p>limited to the total Subscription Fees paid during the 12 </p>
<p>months immediately preceding the date on which the </p>
<p>claim arose.
</p>
<p>" |
|
PENDING |
docbot Bot |
| gyrosco.pe |
"GYROSCOPE DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER MEMBER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.</p>
<p>THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO GYROSCOPE IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.</p>
<p>IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.</p>Jurisdiction and Applicable Law<p>Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California" |
|
PENDING |
docbot Bot |
| Morningstar |
"EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MORNINGSTAR AND ITS CONTENT PROVIDERS ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, AND THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED $1,000.
</p>
<p> " |
|
PENDING |
docbot Bot |
| Nielsen Media Research |
"Restriction of Liability<p>NIELSEN WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
NIELSEN WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN OR SOFTWARE AVAILABLE THROUGH THIS SITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF NIELSEN OR AN AUTHORIZED NIELSEN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
NIELSEN’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT [INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY], OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.</p>" |
|
PENDING |
docbot Bot |
| MedBridgeGo |
"Neither MedBridge nor the instructor assumes any responsibility for any loss or injury and/or damage to persons or property arising out of the use of the material contained in or related to the online courses.
IT IS THE RESPONSIBILITY OF THE TREATING PRACTITIONER, RELYING ON INDEPENDENT EXPERTISE AND KNOWLEDGE OF THE PATIENT, TO DETERMINE THE BEST TREATMENT AND METHOD OF APPLICATION FOR THE PATIENT.</p> 5.
Limitation of Liability
<p>In no event shall MedBridge, its members, officers, affiliates, agents, licensors, employees, or internet service provider(s) (collectively, “representatives”) be liable to You or to any third party for any direct, indirect, incidental, special, or consequential damages whatsoever, including without limitation lost revenue, lost or damaged data, or other commercial or economic loss, whether based in contract, tort (including negligence), or any other theory of liability.
The foregoing limitation shall apply even if MedBridge or its representatives have been advised or should have known of the possibility of such damage.
MedBridge’s total liability in any event is limited to the amount, if any, actually paid for use of the MedBridge Website, and You hereby release MedBridge and its representatives from any and all obligations, liabilities, and claims in excess of this limitation.</p> " |
|
PENDING |
docbot Bot |
| Recrypt |
"ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF RECRYPT OR ANY SUPPLIER, AND EVEN IF RECRYPT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</li>
<li>LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Recrypt and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Recrypt with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to a maximum of the amount actually paid by you for the Software over a One (1) month period or £100 whichever is the smaller.
The foregoing limitations, exclusions and disclaimers (including Sections 15, 16 and 17) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.</li>
<li>APPLICABLE LAW.
" |
|
PENDING |
docbot Bot |
| Remember the Milk |
"OR AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY OCCUR TO YOU AS A RESULT OF YOUR USE OF REMEMBER THE MILK OR THE SERVICES, ANY MISUSE OF REMEMBER THE MILK OR THE SERVICES, OR ANY UNAUTHORIZED USE OR ACCESS OF REMEMBER THE MILK, BASED ON ANY LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THIS SECTION APPLIES TO ANY AND ALL CLAIMS BY YOU, INCLUDING, BUT NOT LIMITED TO, CONTRACT OR TORT CLAIMS FOR LOSS OF DATA, LOSS OF GOODWILL, LOST PROFITS OR REVENUES, CONSEQUENTIAL, INDIRECT, SPECIAL EXEMPLARY OR PUNITIVE DAMAGES, NEGLIGENCE, STRICT LIABILITY, FRAUD OR TORTS OF ANY KIND, WHETHER SUCH CLAIMS ARE DIRECT OR INDIRECT, AND WHETHER SUCH CLAIMS ARE ALLEGED TO BE FROM YOUR USE OF REMEMBER THE MILK, YOUR INTERACTION WITH ANOTHER USER, OR YOUR INTERACTION WITH ANY THIRD-PARTY.
THE MAXIMUM LIABILITY OF THE COMPANY ARISING FROM OR RELATING TO THIS AGREEMENT IS LIMITED TO THE LESSER OF THE AMOUNT YOU PAID TO REMEMBER THE MILK IN THE PRIOR 3 (THREE) " |
|
PENDING |
docbot Bot |
| Public Storage |
"THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
PURSUANT TO APPLICABLE LAW YOU MAY HAVE RIGHTS IN ADDITION TO THE RIGHTS CONTAINED HEREIN.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE PUBLIC STORAGE PARTIES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).</p>
<p>" |
|
PENDING |
docbot Bot |
| IQOPTION |
",4.It is clearly stated and agreed by the Client that the Client bears sole responsibility for any,decision made and/or to be made by the Client relying on the content of the Website and no,claim and/or suit of any kind will arise to that effect against the Company and/or its directors,and/or employees and/or functionaries and/or Agents (the Company and/or its Agents).
The,Company and/or its Agents will hold no responsibility for loss of profits due to and/or related,to the Website, Transactions carried out by the Client, Services and the General Terms of,use or any other damages, including special damages and/or indirect damages or,circumstantial damages caused, except in the event of malicious acts made by the,Company.,5.Without limitation of the aforesaid and only in the event of definitive judgment by court or,other authorized legal institution resolving that the Company and/or its Agent(s) hold liability,towards the Client or third party, the Company's liability, in any event, will be limited to the,amount of money deposited and/or transferred by the Client to the Trading Account in,respect of the transaction which caused the liability of the Company and/or its Agent(s) " |
|
PENDING |
docbot Bot |
| Wanderlog |
"OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
" |
|
PENDING |
docbot Bot |
| Landmark Properties |
"LIMITATIONS OF OUR LIABILITY</strong>
</p>
<p>
<strong>AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY LANDMARK PROPERTIES PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, </strong>including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, Landmark Properties Licensed Elements, UGC or other Landmark Properties products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by Landmark Properties.</p>
<p>The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Landmark Properties Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).</p>
<p>
<strong>AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LANDMARK PROPERTIES PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID LANDMARK PROPERTIES IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).</strong>
</p>
<p>
<strong>NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY LANDMARK PROPERTIES PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY LANDMARK PROPERTIES PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW.
(II) LANDMARK PROPERTIES PARTIES’ LIABILITY .
FOR PERSONAL INJURY TO YOU CAUSED BY LANDMARK PROPERTIES PARTIES TO THE EXTENT NOT WAIVABLE OR " |
|
PENDING |
docbot Bot |
| Switched |
"loss of business opportunity, goodwill or reputation.
or any indirect or consequential loss or damage.
</li>
<li>
<strong>Our maximum liability shall not exceed the sums paid or payable by you to us in the 12 months prior to the date on which liability arises.</strong>
</li>
</ul>
<p>
<strong>We do not exclude or limit in any way our liability to you where it would be unlawful to do so.</strong> This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.</p>
<p>
<strong>We are not responsible for viruses.</strong> " |
|
PENDING |
docbot Bot |
| Hasbro |
"UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HASBRO BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS, EVEN IF HASBRO OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL HASBRO'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO HASBRO, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.</p>
<p>APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.</p>
" |
|
PENDING |
docbot Bot |
| Gogogame |
"Neither gogogame nor any of our subsidiaries,
affiliates, licensors, suppliers, advertisers or sponsors, nor our or their
directors, officers, employees, consultants, agents or other representatives,
are responsible or liable for any indirect, incidental, consequential, special,
exemplary, punitive or other damages (including without limitation, damages for
loss of business, loss of data or lost profits), under any contract, negligence,
strict liability or other theory arising out of or relating in any way to the
websites and/or materials, including any materials available through any third
party platform, submissions, any linked websites or any code, product or
service purchased, accessible or usable through the websites or any third party
platform.
Your sole remedy for dissatisfaction with the websites, materials,
including any products or services available on the websites or through any
third party platform, submissions or any linked websites is to stop using the
websites, materials, submissions, products, services, or linked websites, as
applicable.
The sole and exclusive maximum liability to gogogame for all
damages, losses and causes of action, whether in contract, tort (including
without limitation, negligence) or otherwise, shall be the total amount paid by
you to gogogame in the preceding twelve (12) months, if any, to access or use
the websites or services.
Because some states or jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental damages,
the above limitation may not apply to you.
No communication of any kind between
you and gogogame or a representative of gogogame constitutes a waiver of any
limitations of liability hereunder or create any additional warranty not
expressly stated in the terms.
Multiple claims will not increase the monetary
damages limit stated herein.
" |
|
PENDING |
docbot Bot |
| LeapFrog |
"ERROR FREE OR RELIABLE.</p>
<p>IN NO EVENT SHALL LEAPFROG OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (INCLUDING LICENSORS) (COLLECTIVELY, THE "LEAPFROG PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE LEAPFROG SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE LEAPFROG SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE LEAPFROG PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US RELATED TO THE LEAPFROG SERVICES OR $50 (WHICHEVER IS LESS).</p>
<p>YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE LEAPFROG PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) " |
|
PENDING |
docbot Bot |
| Kit Tech |
"SHALL KIT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO KIT IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, " |
|
PENDING |
docbot Bot |
| Greynoise |
"Limitation of liability10.1 Exclusion of damages<p>In no event will either you or GreyNoise be liable under or in connection with this EULA under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, for any: (1) consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages.
(2) increased costs, diminution in value or lost business, production, revenues, or profits.
(3) loss of goodwill or reputation.
(4) use, inability to use, loss, interruption, delay or recovery of any data, or breach of data or system security.
or (5) cost of replacement goods or services, in each case regardless of whether such party was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable.</p>10.2 Cap on monetary liability<p>In no event will GreyNoise’s aggregate liability arising out of or related to this EULA under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise exceed the total amounts paid to GreyNoise under this EULA in the twelve (12) month period preceding the event giving rise to the claim.
The exclusions and limitations in this Section 8 do not apply to claims pursuant to Sections 7 or liability for GreyNoise’s gross negligence or willful misconduct.</p>11.
" |
|
PENDING |
docbot Bot |
| Windcave |
"OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF WINDCAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).</p>
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF WINDCAVE ARISING OUT OF OR IN ANY WAY RELATED TO THE WINDCAVE WEBSITES EXCEED ONE HUNDRED DOLLARS ($100).
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER " |
|
PENDING |
docbot Bot |
| Rebuy |
"FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF REBUY, AND (II) IN NO EVENT SHALL REBUY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE REBUY SERVICE (OR ANY PART THEREOF), AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY REBUY HEREUNDER EXCEED THE GREATER OF THE SERVICE FEES PAID OR PAYABLE TO REBUY BY CUSTOMER HEREUNDER DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION, OR " |
|
PENDING |
docbot Bot |
| TweetDelete |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| citysearch |
"THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE ELOCAL FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF ELOCAL TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ELOCAL&trade.
" |
|
PENDING |
docbot Bot |
| Riley Hospital for Children at Indiana University Health |
"The information is compiled from a variety of sources ("Information Providers"), including but not limited to IU Health Partners, Inc., A.D.A.M.
and Rodale Health.
Neither IU Health nor its affiliates ("IU") nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity.
Liability of IU Health or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided.
In no event shall IU Health or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if IU Health or the Information Provider has been advised of the possibility of such damages.
" |
|
PENDING |
docbot Bot |
| Oneplus |
"SET FORTH IN THESE TERMS OF SALE.
</p>
<p> Some states, provinces, or territories do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
</p>
<p> 10.2.
NOT APPLICABLE TO QUéBEC CONSUMERS: TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR PAYMENTS EXPLICITLY OUTLINED IN THESE TERMS OF SALE, EITHER PARTY’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF, OR RELATING TO THESE TERMS OF SALE, WHETHER IN CONTRACT, WARRANTY, CONDITION, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO ONEPLUS HEREUNDER FOR THE APPLICABLE PRODUCT(S) OR ANY SERVICE.
THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
ONEPLUS DISCLAIMS ALL LIABILITY OF ANY KIND OF ONEPLUS’S LICENSORS AND SUPPLIERS.
</p>
<p> 10.3.
The foregoing limitations shall not apply to (i) any claim by OnePlus against the customer for violation of intellectual property rights, or (ii) for payment of the amount due to OnePlus by the customer for Products and services purchased under these Terms of Sale.
</p>
<p> 10.4.
NOT APPLICABLE TO QUéBEC CONSUMERS: Except for OnePlus’s explicit warranty obligations (as expressly provided in these Terms of Sale).
" |
|
PENDING |
docbot Bot |
| Oneplus |
"15.2 If, notwithstanding the other provisions of these Terms of Use, OnePlus is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, THE COLLECTIVE LIABILITY OF ONEPLUS, ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS shall in no event exceed the greater of (I) us$100.00.
OR (II) THE AMOUNT YOU HAVE PAID TO ONEPLUS (in the six (6) months prior to the date of your initial claim) FOR THE APPLICABLE CONTENT, PRODUCT(s), OR SERVICE(s), INCLUDING any subscription or similar fees with respect to your OnePlus account (or any other service or feature of or on the Site), out of which the liability arose.
</p>
<p>Some jurisdictions do not allow such a cap on liability resulting from gross negligence or willful misconduct, or death or bodily injury caused by products you purchase, so the foregoing limitation may not apply to you.
</p>
<p>15.3 NONE OF THE FOREGOING PROVISIONS AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
</p> XVI.
" |
|
PENDING |
docbot Bot |
| TheTVDB |
"NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $500.</p>
<p>15.
INDEMNITY</p>
<p>You agree to indemnify and hold us, our affiliates, licensees and licensors and our and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Contributions or Content you post to the Services, your use of the Services, the API, the Contributions, or Materials in violation of these Terms of Service and/or arising from a breach by you of these Terms of Service and/or any breach of your representations and warranties set forth above.</p>
<p>16.
MISCELLANEOUS</p>
<p>Entire Agreement.
These Terms of Service (and our Privacy Policy) constitute the entire agreement between you and us regarding the use of this Site and the Services and supersedes any prior or contemporaneous understandings, terms and agreements between you and us related to the subject matter hereof.</p>
<p>Independent Contractors. .
" |
|
PENDING |
docbot Bot |
| Open Society Foundations |
"OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.
IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER OSF NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY MATERIALS POSTED ON THE SITE BY OSF OR ANY THIRD PARTY.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
THE MAXIMUM LIABILITY OF OSF FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO OSF TO ACCESS AND USE THE SITE, " |
|
PENDING |
docbot Bot |
| Oldgate Studios |
"Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.</p>
<p>The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.</p>
<p>Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.</p>9.
" |
|
PENDING |
docbot Bot |
| Koo |
"We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in connection therewith.</li>
</ol>10.
LIMITATION OF LIABILITY<p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE:</p>
<ol>
<li>FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;</li>
<li>FOR YOUR RELIANCE ON THE SERVICE;</li>
<li>FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE INR 10,000/- (in case of India) and USD 150 (in case of countries other than India);</li>
<li>" |
|
PENDING |
docbot Bot |
| Red Robin |
"You further agree that in no event will the Red Robin Parties be liable to you for more than USD$50 in the aggregate on account of all wrongful acts or omissions by the Red Robin Parties arising out of or relating to the Program, Rewards, these Rules or the Website.</p>
<p>TO THE FULLEST EXTENT UNDER APPLICABLE LAW, YOU AGREE THAT NOTICE OF ANY CLAIM MUST BE GIVEN WITHIN TWO YEARS OF ITS ACCRUAL OR IT IS WAIVED AND TIME BARRED.</p>" |
|
PENDING |
docbot Bot |
| Blade HQ |
"If we have provided Product misinformation for your order, you have the right to return your purchased Product without penalty (subject to the return policy stated herein).
If there is a stock discrepancy, you have the right to retain your order until it can be filled or to cancel your order without penalty.<br>
<br>
<strong>(c)</strong> Without limiting the generality of the foregoing, Blade HQ will not be held liable for the misuse of any Product purchased from us or any of our distributors and dealers.<br>
<br>
<strong>20.
Limitations of Liability.
<br>
<br>
<strong>(a)</strong> BLADE HQ SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOSS OF BUSINESS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BLADE HQ’S TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM UNDER THIS AGREEMENT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO BLADE HQ UNDER THIS AGREEMENT.
THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.</strong>
" |
|
PENDING |
docbot Bot |
| NaturalAtlas |
"(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
(iv) any conduct or content of any third party on the site, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties.
(v) unauthorized access, use or alterations of your transmissions or content.
or (vi) for any amounts that exceed the fees paid by you to Natural Atlas under this agreement during the twelve (12) month period prior to the cause of action.
Natural Atlas shall have no liability for any failure or delay due to matters beyond their reasonable control.<br>
<br>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NATURAL ATLAS ENTITIES SHALL NOT BE LIABLE FOR ANY INJURIES, PERSONAL OR OTHERWISE, INCURRED, DIRECTLY OR INDIRECTLY, AS A RESULT OF USING THE SERVICES OR PARTICIPATING IN ANY ACTIVITY OR VISITING ANY PLACE MENTIONED IN THE CONTENT.<br>
<br>In no event shall the aggregate liability of Natural Atlas entities exceed the greater of one hundred U.S.
dollars (US$100.00) or the amount you paid Natural Atlas, if any, in the past twelve months for the services giving rise to the claim.</li>
<li>
<strong>" |
|
PENDING |
docbot Bot |
| TextMe |
" </p>
<p>EXCEPT FOR AN “IP
CLAIM,” WHICH IS SEPARATELY ADDRESSED HEREIN, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, NEITHER TEXTME NOR ITS RELATED ENTITIES AND SUBSIDIARIES,
EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, AFFILIATES, LICENSORS AND SUPPLIERS,
SERVICE PROVIDERS, CONTENT PROVIDERS, THIRD-PARTY PROVIDERS AND CONTRACTORS,
NOR ITS PARTNERS (COLLECTIVELY, THE “TEXTME PARTIES”) SHALL BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO LOST PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES,
ARISING OUT OF OR RESULTING FROM YOUR USE OF THE PRODUCTS OR SERVICES,
INCLUDING FAILING TO STORE, FAILING TO TRANSMIT, DELETING OR FAILING TO DELETE
ANY INFORMATION GENERATED, DOWNLOADED, UPLOADED OR TRANSMITTED ON TEXTME
PRODUCTS AND SERVICES. .
THIS ALSO
INCLUDES ANY ALLEGED DAMAGES ARISING IN CONNECTION WITH YOUR USE OF, OR FAILURE
TO USE THE CONTENTS, PRODUCTS AND SERVICES OF TEXTME OR ANY LINKED SITE.</p>
<p> </p>
<p>EXCEPT FOR AN “IP
CLAIM,” WHICH IS SEPARATELY ADDRESSED HEREIN, IN NO EVENT WILL THE COLLECTIVE
LIABILITY OF THE TEXTME PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE)
EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO TEXTME FOR THE APPLICABLE CONTENTS,
PRODUCTS OR SERVICES IN THE SIX (6) MONTHS PRECEDING THE LIABILITY OUT OF WHICH
LIABILITY AROSE OR A MINIMUM OF TWENTY FIVE DOLLARS U.S.
($25).
</p>
<p> " |
|
PENDING |
docbot Bot |
| Latitude |
"TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES.
SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.</p>Indemnification.<p>" |
|
PENDING |
docbot Bot |
| TDS |
"ANY PUBLISHED OR LISTED PHONE NUMBER CONTAINS MATERIAL ERRORS OR OMISSIONS, THEN THE TOTAL LIABILITY OF THE TDS AND ITS SERVICE PROVIDERS IN CONNECTION WITH THE DESCRIBED ERROR OR OMISSION SHALL NOT IN THE AGGREGATE EXCEED THE MONTHLY CHARGES, IF ANY, WHICH YOU HAVE ACTUALLY PAID TO TDS TO LIST OR NOT TO LIST OR TO PUBLISH OR NOT PUBLISH THE NUMBER FOR THE AFFECTED PERIOD.
YOU SHALL HOLD TDS AND ITS SERVICE PROVIDERS HARMLESS AGAINST " |
|
PENDING |
docbot Bot |
| Paprika |
"• PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
<br> • DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
<br>
</p>
<p>THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
" |
|
PENDING |
docbot Bot |
| Gentlent |
"the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.</strong>
</li>
</ul>
<p>
<strong>This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.</strong>
</p>
<p>
<strong>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User.
The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction.
" |
|
PENDING |
docbot Bot |
| HostatHash |
"Migration service is not provided with SSD VPS, Cloud VPS and or Dedicated server service.</p>
<p>
<strong>
<u>Limitation of Liability</u>
</strong>
</p>
<p>The liability of the <em>HostatHash</em> shall not exceed the amount paid by the customer during the 1 month prior to the date of the claim.
The Company is not liable for any loss of use, data or interruption in business or service whether the cause was direct or indirect.</p>
<p>
</p>
<p>
<strong>Software policy(Control Panel)</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| ChessTempo |
"In no event will Chess Tempo, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement or substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to Chess Tempo under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Gradescope |
"AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL TURNITIN, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TURNITIN HEREUNDER OR $100.00, WHICHEVER IS GREATER.</p>
<p>THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TURNITIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
" |
|
PENDING |
docbot Bot |
| Jeopardy Labs |
"and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with JeopardyLabs.
Aptibyte Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Aptibyte LLC, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss.
Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.</p>
<p>
<strong>CLAIMS &.
" |
|
PENDING |
docbot Bot |
| Netatmo |
"</ol> LIMITATION OF LIABILITY <ol>
<li>IN NO EVENT SHALL ANY NETATMO PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE, OR RESULTING FROM USE OF THE SERVICES AND THEIR CONTENT, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ANY NETATMO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NETATMO PARTIES SHALL NOT BE SUBJECTED TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT AND SERVICES, OR ANY OTHER INFORMATION CONVEYED TO THE USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE.
YOU AGREE THAT YOU USE THE SERVICES AND THEIR CONTENT AT YOUR OWN RISKS.
THE AGGREGATE LIABILITY OF THE NETATMO PARTY, TAKEN INDIVIDUALLY OR COLLECTIVELY, ARISING OUT OR RELATING TO THE SITE AND SERVICES (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G.
CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100.</li>
<li>In some countries, the applicable law does not allow certain of the above limitations or exclusions, in which case they may not apply to you.
" |
|
PENDING |
docbot Bot |
| ezinvoice.com |
"<blockquote>
<p>While We endeavor to maintain the highest professional quality of the Services We offer on Our web site, We cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this web site.
We will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from any failure of performance, error, omission, interruption, defect, delay in operation of transmission, or computer virus, the use of, or the inability to use, the materials in the Services even if there is negligence by Us or an authorized representative of Us.
user has been advised of the possibility of such damages.
The above limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages.
Our total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence, or otherwise) will not exceed the amount you paid to Us to access the Services.</p>
</blockquote>
<p>Indemnification</p>
<blockquote>
<p>You agree, to the extent permitted by applicable law, to indemnify and hold Us, Our officers, directors, owners, agents and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the Services using your computer, of any Intellectual Property or other right of any person or entity.
" |
|
PENDING |
docbot Bot |
| ezinvoice.com |
"<blockquote>
<p>While We endeavor to maintain the highest professional quality of the Services We offer on Our web site, We cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this web site.
We will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from any failure of performance, error, omission, interruption, defect, delay in operation of transmission, or computer virus, the use of, or the inability to use, the materials in the Services even if there is negligence by Us or an authorized representative of Us.
user has been advised of the possibility of such damages.
The above limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages.
Our total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence, or otherwise) will not exceed the amount you paid to Us to access the Services.</p>
</blockquote>
<p>Indemnification</p>
<blockquote>
<p>You agree, to the extent permitted by applicable law, to indemnify and hold Us, Our officers, directors, owners, agents and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the Services using your computer, of any Intellectual Property or other right of any person or entity.
" |
|
PENDING |
docbot Bot |
| Voicemaker |
"They also disclaim any implied or statutory warranties, including accuracy of data, non-infringement, and fitness for a specific purpose, to the fullest extent allowed by law.</p>Exclusion of Liability<ul>
<li>To the fullest extent permitted by law, and unless Voicemaker has entered into a separate written agreement that overrides this user agreement, Voicemaker, including its affiliates, will not be liable in connection with this user agreement for lost profits or lost business opportunities, reputational damage (e.g., offensive or defamatory statements), loss of data (e.g., down time or loss, use of, or changes to, your information or content), or third-party policies (such as YouTube refusing to allow monetization of videos with synthesized voices or ACX declining text-to-speech based audio books, Meta (Facebook or Instagram) blocked video due to synthesized voices), API abuse and misuse or any indirect, incidental, consequential, special or punitive damages.</li>
<li>Voicemaker and its affiliates will not be liable to you in connection with this user agreement for any amount that exceeds the total fees paid or payable by you to Voicemaker for the services during the term of this user agreement, if any.</li>
</ul>Basis of the Bargain.
Exclusions<p>The limitations of liability outlined in this Section - Disclaimer and Limit of Liability are an integral part of the agreement between you and Voicemaker, and will apply to all types of liability, including but not limited to warranty, tort, negligence, contract and law.
" |
|
PENDING |
docbot Bot |
| Live Good Tour |
"or (iv) the Customer, ,Member, or Affiliate’s failure to provide any information or data necessary for the Company to ,operate its business.
EACH CUSTOMER, MEMBER, OR AFFILIATEAGREES THAT THE ENTIRE ,LIABILITY OF THE COMPANY AND ITS RESPONSIBLE PARTIES FOR ANY CLAIM ,WHATSOEVER RELATED TO THE CONTRACT, BUT NOT LIMITED TO, ANY CAUSE OF ,ACTION SOUNDING IN CONTRACT, TORT, OR EQUITY, SHALL NOT EXCEED, AND SHALL BE ,LIMITED TO, THE AMOUNT OF PRODUCTS THE CUSTOMER, MEMBER, OR AFFILIATEHAS ,PURCHASED FROM THE COMPANY THAT ARE IN RESALABLE CONDITION." |
|
PENDING |
docbot Bot |
| Resume Genius |
"We also will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.</li>
</ul>
LIMITATIONS OF LIABILITY
<p>In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.</p>
<p>Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the 12-month period prior to any cause of action arising or $100.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.
" |
|
PENDING |
docbot Bot |
| SendOwl |
"ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR DATA BREACH, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S.
DOLLARS.
THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
" |
|
PENDING |
docbot Bot |
| titanprojects |
"NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF TITAN PROJECTS( TTNEX &.
TITAN COIN, TTN ), ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF TITAN PROJECTS( TTNEX &.
TITAN COIN, TTN ) OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO TITAN PROJECTS( TTNEX &.
TITAN COIN, TTN ) UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
</p>
<p>
<b>10.
NEWS &.
" |
|
PENDING |
docbot Bot |
| Alphr |
"Limitation of Liability.</strong> In no event will Box20, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to Box20 under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| MyPlayCity |
"YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE PRODUCT AND THEINFORMATION CONTAINED IN OR COMPILED BY THE PRODUCT, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHERPROVIDED BY THE LICENSOR OR A THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR OR ITS SUPPLIERS OR LICENSORSBE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESSINFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS)ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, OR THE INCOMPATIBILITY OF THE PRODUCT WITH ANY HARDWARE SOFTWARE OR USAGE, EVEN IF SUCH PARTY HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION,WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATHOR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ORLIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
</p>
<p> 5.
Notice to U.S.
Users.
</p>
<p> 5.1.
U.S.
Export Restrictions for U.S.
Users.
" |
|
PENDING |
docbot Bot |
| marshalls |
"OR LOSS OF DATA. .
IN NO EVENT WILL THE TJX BUSINESSES OR THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.<u> .
HOWEVER, THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF THE TJX BUSINESSES’ OWN FRAUD, WILLFUL INJURY, WILLFUL VIOLATION OF LAW, NEGLIGENCE, OR A VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A.
2A:58C-1 ET SEQ.</u>
" |
|
PENDING |
docbot Bot |
| Amara |
"OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED.
THE COLLECTIVE LIABILITY OF PCF AND THE INDEMNIFIED PARTIES UNDER THIS AGREEMENT WILL NOT EXCEED $500 (FIVE HUNDRED DOLLARS).
" |
|
PENDING |
docbot Bot |
| premiumize.me |
"This does not imply the recognition of a legal obligation.</p>
Limitations of Liability
<p>The use of the Service is at your own risk.
To the extent permitted by applicable law, in no event shall Premiumize.me be liable to its client for lost profits, lost savings, lost or corrupted content data, unauthorized access to or alteration of its transmissions of content data, lost revenue, business interruption or loss of capital.
In no event shall Premiumize.me be liable for any direct, indirect, special, consequential or incidental damages arising out of or in connection with this Agreement or the Premiumize.me Services provided or to be provided hereunder, even if Premiumize.me has been advised of the possibility of such damages.
Premiumize.me's total liability in connection with any and all claims arising out of or in connection with this Agreement or Premiumize.me's services provided or to be rendered hereunder shall in each case be absolutely limited to the amount paid to Premiumize.me for the services under this Agreement during the twelve months preceding the date on which the aggrieved party notified the other party in writing of the claim for damages, or if the amount is greater, and the minimum amount for which Premiumize.me is liable under applicable law.</p>
<p>Premiumize.me is explicitly not responsible or liable for actions of its payment service providers.</p>
" |
|
PENDING |
docbot Bot |
| Lime |
"In any case in which (1) the dispute is filed as a class, collective or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
Notwithstanding any other clause contained in this Section 18, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
All other disputes with respect to whether this Mutual Arbitration Provision is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.</p>
</li>
<li>Any Dispute shall be determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.
If you bring a claim subject to arbitration, you will pay toward the fees and deposits imposed by the AAA or other arbitrator only an amount equal to the amount you would have had to pay as filing fees and initial court costs if you had filed suit in a court of competent jurisdiction.
" |
|
PENDING |
docbot Bot |
| Spotify |
"OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SPOTIFY SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SPOTIFY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SPOTIFY SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO SPOTIFY DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR (B) $30.00.</p>
<p>For clarification, these Terms do not limit Spotify’s liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.</p>
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND OR FILING AN INDIVIDUAL ACTION AS SPECIFIED UNDER THE ARBITRATION AGREEMENT BELOW) " |
|
PENDING |
docbot Bot |
| Gates Foundation |
"OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED AND WHICH YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT WILL BE THE LESSER OF THE AMOUNT YOU ACTUALLY PAID US FOR THE ITEM OR SERVICE CAUSING THE DAMAGE (IF ANY) OR THE AMOUNT OF SAID DAMAGES SO INCURRED.
THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER THESE TERMS OR RELATED TO THE CONTENT, SITES, USER CONTRIBUTIONS, OR SUBMISSION COMMENTS WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.</p> Important Notice Regarding Limitations 16.
Important Notice Regarding Limitations <p>SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN DAMAGES SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY.
" |
|
PENDING |
docbot Bot |
| ABC 10News |
"UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THESE TERMS OF USE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE SERVICE CONTENT IS TO STOP USING THE SERVICES.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SERVICES OR ANY LINKS ON THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SERVICES OR ANY LINKS ON THE SERVICES.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE SERVICES.<br>
<br>(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY COMPANY DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.
" |
|
PENDING |
docbot Bot |
| trustwallet |
"OR ANY OTHER MATTER RELATING TO THE WEBSITE, TRUST WALLET APPLICATION OR ANY OTHER ASPECT OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S.
DOLLARS ($USD100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
</p>
" |
|
PENDING |
docbot Bot |
| pi-hole.net |
"Limitation of Liability
<p>In no event will pihole, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to pihole under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| substack |
"Limitation of Liability</strong>
</p>
<p>
<strong>To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Substack, its licensors, or its suppliers be liable to you or to any other person for:</strong>
</p>
<ul>
<li>
<p>
<strong>Any indirect, special, incidental, or consequential damages of any kind, or</strong>
</p>
</li>
</ul>
<ul>
<li>
<p>
<strong>Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with Substack in the twelve-month period preceding the applicable claim.</strong>
</p>
</li>
</ul>
<p>
<strong>No Warranties</strong>
</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Bauer Publishing |
"SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES).
IN NO EVENT WILL THE BAUER PUBLISHING PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
IN NO EVENT WILL THE BAUER PUBLISHING PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED: (1) THE AMOUNT PAID BY YOU TO US FOR YOUR USE OF THE SITES OR PURCHASE OF PRODUCTS VIA THE SITES.
OR (2) TEN UNITED STATES DOLLARS ($10.00 USD), WHICHEVER IS GREATER.</p>
<p>THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITES OR ANY LINKS ON THE SITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITES OR ANY LINKS ON THE SITES.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG " |
|
PENDING |
docbot Bot |
| Akshit's Blog |
"In no event shall the Website be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide Services, or to deliver the products or for any information, software, products, services and related graphics obtained through the site, or any interaction between you and other participants of the Website or otherwise arising out of the use of the Website, damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the Website or any of its affiliates/suppliers has been advised of the possibility of damages.
If despite the limitation above, the Company is found liable for any loss or damage which arises out of or in any way connected with the use of the Website and/ or provision of Services, then the liability of the Company will in no event exceed, 50% (Fifty percent) of the amount you paid to the Company in connection with such transaction(s) on this Website.</p>
<p>You accept all responsibility for and hereby agree to indemnify and hold harmless the company from and against, any actions taken by you or by any person authorized to use your account, including without limitation, disclosure of passwords to third parties.
" |
|
PENDING |
docbot Bot |
| Nextdoor Neighborhoods |
"YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NEXTDOOR ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
(II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES.
(III) ANY CONTENT OBTAINED FROM THE SERVICES.
OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NEXTDOOR ENTITIES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO NEXTDOOR BY YOU FOR THE SERVICES DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
OR (B) ONE HUNDRED U.S.
DOLLARS ($100).
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.<br>
<br>c.
" |
|
PENDING |
docbot Bot |
| Burger King |
"OR ON ANY WEBSITE LINKED TO IT.IF APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN RBI’S LIABILITY FOR SUCH DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.16.
INDEMNIFICATIONTo the fullest extent allowed by applicable law, you agree to indemnify, hold harmless, and defend RBI, its affiliates and licensors, any party involved in operating, creating, producing, or delivering the Services, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services, (ii) your online conduct in connection with the Services, (iii) your (or anyone acting under your password or username) violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons, persons or third party platforms resulting from use of the Services.
" |
|
PENDING |
docbot Bot |
| Airtable |
"AND/OR (VII) YOUR DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.</p>
<p>IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES YOU PAID TO US HEREUNDER DURING THE TWELVE (12) MONTH PERIOD PRIOR TO WHEN THE CLAIM AROSE OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER</p>
<p>THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.</p>
<p>SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
" |
|
PENDING |
docbot Bot |
| Bespokefundingprogram |
"Disclaimer of Warranties and Limitation of Liability “You acknowledge and agree that the service and company website are provided on an “as-is” basis and without warranty of any kind, including, but not limited to warranties of title, merchantability, accuracy, fitness for a particular purpose, security, and non-infringement.
wherever permitted by law, you acknowledge that the company will not be held responsible or liable for any claims, damages, judgments, charges, or fees arising out of or related to information on the website and your use of or access to the service or the company website, including, but not limited to compensatory damages, consequential damages, special damages, incidental damages, punitive damages, exemplary damages, costs and attorneys’ fees, damages arising out of errors or omissions, and damages arising out of the unavailability of the website or downtime.
you acknowledge that your use of the services and/or the company website is at your sole risk and that the company’s liability is limited to the amount that you paid to use the services or $1,000, whichever is less.” " |
|
PENDING |
docbot Bot |
| Rumen8 |
"Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose.</li>
<li>Allow any third party to use the Software on behalf of or for the benefit of any third party.</li>
<li>Use the Software in any way which breaches any applicable local, national or international law.</li>
<li>Use the Software for any purpose that Rumen8 Nutrition Pty Ltd considers is a breach of this EULA agreement</li>
</ul>
<br>Liability<br>Licensor shall not be liable to licensee for any lost profits, lost revenues or opportunities, downtime, or any consequential damages or costs, resulting from any claim or cause of action based on breach of warranty, breach of contract, negligence, or any other legal theory, even if Licensor knew or should have known of the possibility thereof.
In no event shall Licensor's aggregate liability exceed the amounts actually paid by licensee in the 12-month period immediately preceding the event giving rise to the claim.<br>
<br>Intellectual Property and Ownership<br>Rumen8 Nutrition Pty Ltd shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you.
" |
|
PENDING |
docbot Bot |
| Cleanshot Cloud |
"(ii) the cost of procurement or substitute products or Services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to MTW under this agreement during the six (6) month period prior to the cause of action.
</p>
<p> MTW shall have no liability for any failure or delay due to matters beyond their reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
</p>" |
|
PENDING |
docbot Bot |
| Fatsecret |
"Limitation on Liability</strong>
<p> IN NO EVENT SHALL FATSECRET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FATSECRET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FATSECRET'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FATSECRET FOR THE FATSECRET SERVICES DURING THE TERM OF MEMBERSHIP.
</p>
</li>
<li>
<strong>Governing Law and Disputes</strong>
<p> These Terms &.
Conditions and any dispute about or involving the Services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to conflict of law provisions.
You agree that any action at law or in equity arising out of or relating to your use of the Services or these Terms &.
" |
|
PENDING |
docbot Bot |
| Span.io |
"USE OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF SPAN KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.</p>
<p>b.</p>
<p>SPAN’S TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO 9(a) ABOVE, ARISING FROM OR RELATED TO THE PRODUCT OR THE PLATFORM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED THE FEES ACTUALLY PAID BY YOU TO SPAN OR SPAN’S AUTHORIZED RESELLER FOR THE PRODUCT IN THE PRIOR 12 MONTHS (IF ANY).</p>
<p>c.</p>
<p>SPAN DISCLAIMS ALL LIABILITY OF ANY KIND OF SPAN’S LICENSORS AND SUPPLIERS.
" |
|
PENDING |
docbot Bot |
| SafeDNS |
"TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.</p>7Liability for our Services<p>WHEN PERMITTED BY LAW, SAFEDNS, AND SAFEDNS’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SAFEDNS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
" |
|
PENDING |
docbot Bot |
| Span.io |
"FURTHER, SPAN DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE PRODUCTS OR THE APPLICATION WILL OPERATE IN COMBINATION WITH ANY MATERIAL OR PRODUCTS NOT PROVIDED BY SPAN, WILL BE FREE FROM BUGS, OR THAT ANY ERRORS WILL BE OR CAN BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSONNEL OF SPAN OR AN INSTALLER SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE SPAN LIMITED WARRANTY.</p>10.
Limitation of Liability<p>Nothing in these Terms &.
Conditions and in particular within this "Limitation of Liability" section shall attempt to exclude or limit liability that cannot be excluded under applicable law.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) SPAN BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF SPAN KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) SPAN’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, INSTALLATION OF THE PRODUCTS OR THE APPLICATION, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO SPAN FOR THE PRODUCT.
" |
|
PENDING |
docbot Bot |
| Wayside Publishing |
"OR TO ANY BREACH OF THESE TERMS OF SERVICE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL WAYSIDE PUBLISHING'S AGGREGATE LIABILITY IN CONNECTION WITH THE LEARNING SITE OR THESE TERMS OF SERVICE EXCEED $25, REGARDLESS OF THE CAUSE OF ACTION.
THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
" |
|
PENDING |
docbot Bot |
| Epal |
"ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
</p>
<p> EPAL.GG takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends using our Service.
You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
</p> 11. <strong>Limitation </strong>
<strong>of</strong>
<strong> </strong>
<strong>Liability</strong>
<strong>
</strong>
<p> TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPAL.GG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
IN NO EVENT SHALL EPAL.GG’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US $100.00) OR THE AMOUNTS PAID BY YOU TO EPAL.GG FOR THE PAST THREE MONTHS " |
|
PENDING |
docbot Bot |
| Temu |
"16.3 YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY ANY SELLER OR USER OF THE SERVICES.</p>
<p>16.4 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT FOR WHICH THE TEMU PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID TO US BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABIITY.
(B) $100.00.
OR (C) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.
THE FOREGOING CAP ON LIABILTY SHALL NOT APPLY TO LIABLITY OF A TEMU PARTY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE.
OR FOR (II) ANY INJURY CAUSED BY OUR FRAUD OR FRAUDULENT MISREPRESENTATION.
" |
|
PENDING |
docbot Bot |
| CyberPowerPC |
"Limitation of Liability
<p>BUYER'S SOLE AND EXCLUSIVE REMEDY AND COMPANY'S SOLE LIABILITY FOR LOSS OR DAMAGE ARISING FROM PURCHASE OR USE OF
THE PRODUCT SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AT COMPANY'S SOLE DISCRETION.</p>
<p>IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS OF USE, REVENUES, OR ANTICIPATORY PROFIT, OR FOR ANY DIRECT,
INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THE SALE, USE, OPERATION, OR INABILITY TO USE OF
PRODUCTS PURCHASED FROM COMPANY TO THE EXTENT PERMITTED BY LAW, COMPANY MAKES NO OTHER REPRESENTATIONS OR
WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE EXTENT PERMITTED BY LAW (TO THE EXTENT
THEY MAY NOT BE DISCLAIMED, COMPANY LIMITS THE DURATION OF SUCH IMPLIED WARRANTIES TO THE DURATION OF THIS LIMITED
WARARNTY).
IN NO EVENT SHALL COMPANY'S LIABILITY EXCEED THE AMOUNT OF THE PARTICULAR DEFECTIVE PRODUCT PAID BY THE
PURCHASER.
" |
|
PENDING |
docbot Bot |
| Glitch |
"(D) DAMAGES RELATING IN ANY MANNER TO ANY USER CONTENT.
AND (E) ANY OTHER INTANGIBLE LOSSES.</p>
<p>THIS LIMITATION APPLIES TO ALL CLAIMS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED AND EVEN IF GLITCH, INC.
HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
THIS LIMITATION ALSO APPLIES WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (US$50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.</p>
<p>If you are a resident of New Jersey, the provisions in this subsection apply to you to the extent permitted by law.</p>13.Release and Indemnification<p>You are responsible for any disputes you have with others while using our Services.</p>
<p>" |
|
PENDING |
docbot Bot |
| AdGuard DNS |
"YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR PARTICULAR USE OF THE SERIVCE DOES NOT VIOLATE APPLICABLE LAW, THIRD-PARTY RIGHTS, OR YOUR CONTRACTUAL OBLIGATIONS TO THIRD PARTIES.
7.
Limitation Of Liability 7.1.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RIGHTHOLDER NOR ITS SUPPLIERS OR PARTNERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCTS OR SERVICES PROVIDED UNDER THIS EULA WHETHER BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF RIGHTHOLDER OR ITS SUPPLIERS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7.2.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RIGHTHOLDER’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO RIGHTHOLDER FOR ANY PRODUCTS OR SERVICES PROVIDED UNDER THIS EULA.
7.3.
THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.
8.
Miscellaneous 8.1.
Applicable Law, Arbitration, and Choice of Venue.
" |
|
PENDING |
docbot Bot |
| Southwest |
"ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.</p>
<p>THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.</p> Back to Top <br> 14.
Limitations of Our Liability <p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SOUTHWEST PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS, (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR (D) A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR SOUTHWEST HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE SOUTHWEST PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS, IF ANY, PAID BY YOU TO SOUTHWEST FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR (B) FIFTY UNITED STATES DOLLARS ($50.00).
THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.</p>
<p>" |
|
PENDING |
docbot Bot |
| Southwest |
",Unless the Passenger proves otherwise:,(a)All Baggage checked by a Passenger shall be considered to be the property of ,that Passenger;,(b)Aparticular piece of Baggage, checked or unchecked, shall not be considered to ,be the property of more than one(1)Passenger;,(c)Unchecked Baggage, including personal items, shall be considered to be the ,property of the Passenger in possession of the Baggage at the time of ,embarkation.,(ii)If a Passenger makes, at the time C heckedBaggage is handed to the Carrier, a ,special declaration of interest and has paid a supplementary sum, if applicable, the ,Carrier will be liable for destruction, loss, damage, or delay of such C heckedBaggage ,in an amount not exceeding the declared amount,unless the Carrier proves that the ,declared amount is greater than the Passenger’s actual interest in delivery at ,destination.
The declared amount, and the Carrier’s liability, shall not exceed the total ,amount of declaration permissible under the Carrier’s regulations, inclusive of the ,limitation of paragraph (1)(i) hereof.
" |
|
PENDING |
docbot Bot |
| Navy Federal Credit Union |
"THESE LIMITATIONS ,WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH ,OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL ,THEORY.
OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ,OUR AFFILIATES AND SERVICE PROVIDERS, AND THE EMPLOYEES AND ,CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY ,AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL ,BE LIMITED TO DIRECT OUT-OF-POCKET DAMAGES UP TO A MAXIMUM ,OF $500 (FIVE HUNDRED DOLLARS).
SOME STATES DO NOT ALLOW THE ,EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ,SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
,C.
Mobile Banking Terms and Conditions ,This section provides information and the general terms and conditions ,for use of Navy Federal’s Mobile Banking Services.
" |
|
PENDING |
docbot Bot |
| Nature |
"Subject to the provisions of the foregoing sentence, our total liability to you in respect of all losses and liabilities arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the amount paid hereunder.
Nothing in these Terms shall exclude any liability for or remedy in respect of death or physical injury caused by our negligence, or for fraud, including fraudulent misrepresentation.</p>
7.
<strong>Severance</strong>
<p>If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.</p>
8.
<strong>Variation</strong>
<p>We may revise these Terms at any time by amending this page or the page on which the Additional Terms appear.
" |
|
PENDING |
docbot Bot |
| Dober |
"Dober is not responsible for</strong>
<ol>
<li>any loss (unintentional, special, indirect) or damage that cannot be foreseen;</li>
<li>lost profits, loss of business, business interruption or loss of business opportunities (these limitations will apply whether or not Dober has been advised of the possibility of such damages).</li>
<li>Except for the liability we cannot limit by law, we limit our liability to you to an amount equal to $100 USD.</li>
<li>" |
|
PENDING |
docbot Bot |
| Otter |
"Otter.ai does not disclaim any warranty or other right that Otter.ai is prohibited from disclaiming under applicable law.</p>
<p>
<strong>17.
Limitation of Liability</strong>
</p>
<p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE OTTER.AI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OTTER.AI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.</p>
<p>EXCEPT AS PROVIDED IN SECTION 19.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE OTTER.AI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO OTTER.AI FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.
" |
|
PENDING |
docbot Bot |
| Linden Lab |
"EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LINDEN LAB'S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF (i) ONE HUNDRED DOLLARS (U.S.
$100.00).
OR (ii) THE FEES, IF ANY, PAID BY YOU FOR USE OF THE SERVICE.
PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.</p>
<p>Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to you.
In such jurisdictions, the liability of the Linden Lab parties to you is limited to the lowest amount permitted by applicable law.</p>
<p>
<strong>9.4 " |
|
PENDING |
docbot Bot |
| Diaspora* |
"Limitation of Liability
<p>In no event will diaspora*, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to diaspora* under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| GrabCAD |
"(D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
</li>
</ul>
</li>
<li> 16.2.
THE COMBINED AGGREGATE LIABILITY OF STRATASYS AND ALL STRATASYS AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT SHALL NOT EXCEED <strong>TEN U.S.
DOLLARS</strong> (US$ 10).
</li>
<li> 16.3.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) EVEN IF STRATASYS OR A STRATASYS AFFILIATE HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS.
" |
|
PENDING |
docbot Bot |
| GrabCAD |
"(D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
</p>
<p> 19.2. THE COMBINED AGGREGATE LIABILITY OF STRATASYS AND ALL STRATASYS AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT SHALL NOT EXCEED <strong>TEN U.S.
DOLLARS</strong> (US$ 10).
</p>
<p> 19.3. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) EVEN IF STRATASYS OR A STRATASYS AFFILIATE HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS.
" |
|
PENDING |
docbot Bot |
| Clever |
"and/or (vii) content you create or the defamatory, offensive, or illegal conduct of any third party.
In no event shall Clever, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Clever hereunder or $100.00, whichever is greater.
***</p>
<p>*** This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Clever has been advised of the possibility of such damage.
" |
|
PENDING |
docbot Bot |
| soundtrap |
"Upon termination of the Service provided under the Agreement, Spotify shall, upon the Customer’s request, return all Personal Data in Spotify’s possession to the Customer or securely destroy such Personal Data and demonstrate to the satisfaction of the Customer that it has taken such measures, unless storage of the Personal Data is required under Data Protection Legislation.
</p>
<ol>
<li>LIABILITY</li>
</ol>
<p>Each Party shall compensate the other Party for all losses due to claims from third parties resulting from, arising out of, or relating to any breach by such first-mentioned Party of this Agreement.</p>
<p>Notwithstanding the above, Spotify shall not be held liable for indirect losses, including damages and/or consequential damages such as loss of profit or revenue, or other economic losses incurred pursuant to this Agreement, except in cases of wilful intent or gross negligence on part of Spotify.
Spotify’s total liability towards the Customer shall never exceed the greater of 100 EURO or the amounts, if any, paid to Spotify pursuant to this Agreement during the last twelve (12) months’ period.</p>
<ol>
<li>FORCE MAJEURE</li>
" |
|
PENDING |
docbot Bot |
| soundtrap |
"AND/OR</p>
<p>3.
ANY LOSS OR DAMAGE (INCLUDING ANY LOST PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES)</p>
<p>IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF €100 EURO OR THE AMOUNTS (IF ANY) PAID BY YOU TO US DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE PART OF THE SERVICE GIVING RISE TO THE CLAIM.</p>
<p>ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE MUST BE NOTIFIED TO US AS SOON AS POSSIBLE.</p>
<p>APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
" |
|
PENDING |
docbot Bot |
| ACH |
"THE FOREGOING APPLIES EVEN IF NACHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NACHA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NACHA FOR ACCESS TO OR USE OF THE SITE.</p>
<p>BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>
<strong>13.
Applicable Law and Venue</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Wechat (微信) |
"LIABILITY FOR WECHAT<p>TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR WECHAT (INCLUDING ANY WECHAT SOFTWARE), ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS:</p>
<ul>
<li>
<p>A.
THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF WECHAT OR WECHAT SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY " |
|
PENDING |
docbot Bot |
| Sonic |
",16.1.3In the event an error or omission is caused by the gross negligence of the Company, ,the liability of the Company shall be limited to and in no event exceed the sum of ,$10,000.
,16.1.4Except as provided above, the liability of the Company for damages arising out of ,mistakes, omissions, interruptions, delays, errors or defects in any of the services or ,private line, alphabetical directory listings (excluding the use of bold type), and all ,other services shall in no event exceed an amount equal to the pro rata charges to ,the Customer for the periods during which the services or facilities area affected by ,the mistake, omission, interruption, delay, error or defect, provided, however, that ,where any mistake, omission, interruption, delay, error or defect of any one service ,or facility affects or diminishes the value of any other service, said liability shall ,include such diminution, but in no event shall exceed the total amount of the ,charges to the Customer for all services or facilities for the period affected by the ,mistake, omission, interruption, delay, error or defect.
Company will not be liable ,to its wholesale customers’ retail end users for any errors caused by the wholesale ,customer.
,16.1.5The Company shall not be liable for errors in transmitting, receiving or delivering ,oral messages by telephone over the lines of the Company and connecting utilities.
,Sonic Telecom, LLC (U-7002-C) ,2260 Apollo Way ,SantaRosa,CA95407,Schedule Cal.
P.U.C.
1-T,Original Cal.
P.U.C.
Sheet No.41,LOCAL EXCHANGE SERVICES INFORMATIONAL PRICE GUIDE,Advice Letter No.
44 Issued by Nathan Patrick Date Filed: June 20, 2023 ,Decision 12-06-009 Effective: July 14, 2023,SECTION 2 – RULES (Cont’d) ,No.
16 Limitation of Liability (Cont’d) ,Sonic Telecom, LLC (U-7002-C) ,2260 Apollo Way ,SantaRosa,CA95407,Schedule Cal.
" |
|
PENDING |
docbot Bot |
| Procreate |
"34.
Maximum Liability <p> IF, DESPITE THE ABOVE LIMITATIONS, SAVAGE BECOMES LIABLE TO YOU IN RESPECT OF THE SITE, THE SAVAGE CONTENT, THE SAVAGE TOOLS OR THE SERVICES, OR A COMBINATION OF THE FOREGOING, THAT LIABILITY WILL BE LIMITED TO AUD$500.
</p> 35.
Indemnity.
<p> " |
|
PENDING |
docbot Bot |
| Bankers Life |
"OR CLAIMS YOU MAY RAISE RELATING TO THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR RESULTING DAMAGES.</p>
<p>If applicable law does not allow the limitation or exclusion of liability for incidental or consequential damages, the above limitation or exclusion may not apply to you.
In that case, COMPANY liability will be limited to the fullest extent allowed under applicable law.
In no event shall COMPANY’S total liability to you, together with that of any affiliate, for all damages, losses and causes of action, whether in tort, contract, or otherwise, exceed the amount you paid to access the Site.
" |
|
PENDING |
docbot Bot |
| StoriesIG |
"(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STORIESIG FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S.
DOLLARS (US $100.00).</p>
<p>Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
" |
|
PENDING |
docbot Bot |
| Texthelp Ltd |
"6.
Limitation of Liability.
IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL LICENSOR’s LIABILITY EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE.
 " |
|
PENDING |
docbot Bot |
| Texthelp Ltd |
"<ol>
<li>LIMITATION OF LIABILITY </li>
</ol>
<p>In no event shall either party be liable for;</p>
<p> </p>
<ol>
<li>incidental, consequential, exemplary, punitive, special or indirect damages (including but not limited to lost business profits).
</li>
<li>any amounts in excess of the actual direct damages caused by the specific product or service complained of.
or </li>
<li>any amounts in the aggregate in excess of the amount actually paid to Licensor by Licensee hereunder in the twelve (12) months preceding the date of the claim,</li>
</ol>
<p>
</p>
<p>in each case even if such party has been advised of the possibility of the same.
" |
|
PENDING |
docbot Bot |
| go2bank |
"Except with ,respect to any past due amounts, if the New Balanceshown on your billing statementis $25.00 ,or more, your Minimum Payment Due will be equal tothe greater of: (i)$25.00 or(ii)2% of the ,New Balance.
" |
|
PENDING |
docbot Bot |
| go2bank |
"OR (5)ERRORS, SYSTEM DOWNTIME, ,NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS.,NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE ,CUMULATIVE LIABILITY OF THE GREEN DOT PARTNERS TO YOU ARISING FROM ANY , C AUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL ,TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ACCESS TO THE ,SERVICES.
" |
|
PENDING |
docbot Bot |
| qwasar |
"<br>
<br>
Limitation of Liability.
<p>NEITHER QWASAR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QWASAR OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>
<p>IN NO EVENT WILL QWASAR’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE GREATER OF (i) THE AMOUNTS YOUR COMPANY OR YOU HAVE PAID TO QWASAR FOR USE OF THE SERVICES OR CONTENT IN CONNECTION WITH WHICH THE CLAIM ARISES, OR (ii) ONE HUNDRED DOLLARS ($100).</p>
<p>THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QWASAR AND YOU.</p>
" |
|
PENDING |
docbot Bot |
| Unity |
"AWARE OF ANY SUCH PURPOSE), AND (C) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UNITY OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.</p>
<p>YOU WILL BE SOLELY RESPONSIBLE FOR THE ACCURACY AND QUALITY OF USER CONTENT, AND YOU UNDERSTAND THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF THE OFFERINGS, DOCUMENTATION AND ANY THIRD-PARTY MATERIALS, OR YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE OFFERINGS, DOCUMENTATION AND ANY THIRD-PARTY MATERIALS.
UNITY AND ITS LICENSORS AND SERVICE PROVIDERS HAVE NO OBLIGATION TO VERIFY THE IDENTITY OF USERS ACCESSING AND USING THE OFFERINGS, OR TO MONITOR THE USE OF OFFERINGS BY USERS.
UNITY AND ITS LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.</p>
<p>
<strong>20.3 Limitations on Liability</strong>
</p>
<p>Unity’s aggregate liability arising out of or relating to these Terms, any Offering or any Projects thereof or related Third-Party Materials or Documentation will not exceed the greater of (a) $1,000 or (b) the total fees paid or payable by you to Unity for the relevant Offering in the twelve (12) months before the dispute.</p>
<p>In no event will Unity or any licensors or service providers of Unity have any liability (directly or indirectly) for any incidental, special, indirect, consequential or punitive damages.
loss of profits or revenue.
business interruption or loss of use.
cost of procurement of substitute goods or services or other cover.
" |
|
PENDING |
docbot Bot |
| Unity |
"If you are an individual using the Unity Software, then your Total Finances are: (a) if you are providing service(s) to a third party, your customer’s or client’s gross revenues and/or funding (no matter what the source).
or (b) if you are not providing service(s) to a third party, the amount generated in connection with your use of the Software.</li>
</ul>
<p>
<strong>Financial Thresholds:</strong>
</p>
<ul>
<li>The Financial Threshold for Unity Personal is US $100,000 for the most recent twelve (12) month period.
" |
|
PENDING |
docbot Bot |
| Unity |
"Learning Editions: Total Finances (as that term is defined below) for the most recent twelve (12) month period may not exceed $1,000,000.
If your Total Finances exceed $1,000,000 you may only use Games Enterprise or Cinema Enterprise</li>
<li>" |
|
PENDING |
docbot Bot |
| Unity |
"AND/OR ITS AFFILIATES MAY OFFER FROM TIME TO TIME.</p>
<strong>15.
Limitation of Liability.</strong>
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UNITY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY, THE “UNITY PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES, LOSS OF GOODWILL OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OF THE OFFERINGS OR SERVICES ASSETS, EVEN IF UNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
THE UNITY PARTIES’ AGGREGATE LIABILITY IN RESPECT OF ALL LOSSES ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OF THE OFFERINGS OR SERVICES ASSETS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, WILL NOT EXCEED ONE HUNDRED U.S.
DOLLARS (USD $100).</p>
<strong>16.
Notices.</strong>
<p>Notices to you will be sent by email to the address you provide Unity.
Notices to Unity will be sent by email.
" |
|
PENDING |
docbot Bot |
| Unity |
"AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE ASSETS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.</p>
<strong>9.
Limitation of Liability</strong>
<strong>9.1</strong>
<p>UNITY AND ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNTS PAID TO UNITY BY YOU IN THE PAST SIX MONTHS FOR THE ASSETS RELATING TO THE DISPUTE.
" |
|
PENDING |
docbot Bot |
| Instant Play Giveaway |
"We also do not warrant that the Sites or the information available through the Site or the Content is appropriate, accurate or available for use in any particular jurisdiction. .
In no event will our total cumulative liability to any user exceed an amount equal to the lesser of (i) the value of the Sweepstakes prize, or (ii) $1,000.</p>
<p>
<b>LIABILITY RELEASE</b>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Activate Networks LLC |
"the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.</li>
</ul>
<p>This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.</p>
<p>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User.
The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction.
" |
|
PENDING |
docbot Bot |
| Lippincott Williams & Wilkins |
"Registration data and other information SUCH DAMAGES, AND EVEN IF THE REMEDIES,about you are subject to our Privacy StatementOTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL,[http://journals.lww.com/_layouts/oaks.journals/privacy.aspxPURPOSE.
UNDER NO CIRCUMSTANCES WILL THE,], which is incorporated into this Agreement by reference, as if setTOTAL LIABILITY OF WKH TO REQUESTER OR ANY,forth fully herein.
If you access a Service using a password, youOTHER PERSON OR ENTITY IN CONNECTION WITH,,are solely responsible for maintaining the confidentiality of thatBASED UPON, OR ARISING FROM THE SERVICE OR ANY,password.OTHER PRODUCTS, SERVICES, MATERIALS, AND,10.
Fees and Payments.
You agree to pay the fees and any otherCONNECTION WITH THIS AGREEMENT EXCEED, IN THE,charges incurred in connection with your use of the ServiceAGGREGATE, THE TOTAL OF ALL AMOUNTS PAID BY,(including any applicable taxes) at the rates in effect when theREQUESTER TO WKH OR ITS AGENTS DURING THE SIX-,charges were incurred.
" |
|
PENDING |
docbot Bot |
| Lumosity |
"LUMOS LABS STRIVES TO MAINTAIN LUMOSITY ON A COMMERCIALLY REASONABLE BASIS AND CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO LUMOSITY AT ALL TIMES.</p>
<p>LUMOSITY IS NOT A MEDICAL SERVICE AND IS NOT TO BE USED FOR THE PURPOSE OF SEEKING, AND LUMOSITY IS NOT PROVIDING, MEDICAL TREATMENT OR ADVICE.</p>
<li>Limitation of Liability</li>
<p>IN NO EVENT SHALL LUMOS LABS OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO LUMOSITY FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO LUMOSITY.
" |
|
PENDING |
docbot Bot |
| Party Animals |
"DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE.
IF, DESPITE THE LIMITATIONS SET OUT ABOVE, WE BECOME LIABLE TO YOU IN RESPECT OF THE SERVICE OR OTHERWISE UNDER THIS AGREEMENT, THAT LIABILITY WILL BE LIMITED TO THE SMALLER OF THE FEES YOU PAID TO US IN RELATION TO THE SERVICE IN THE 1 MONTH PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR US$50.</p>
<p>
<strong>16.
TERMINATION OF AGREEMENT</strong>
</p>
<p>We may terminate your access to and use of the Service, including Virtual Property, with no liability to you in the event that: (a) we cease providing the Service to similarly situated users generally.
" |
|
PENDING |
docbot Bot |
| Lippincott Williams & Wilkins |
"WKH OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER MATERIALS, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WKH HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.
UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF WKH AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING SIX MONTHS FOR USE OF THE SITE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF WKH AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).</p> " |
|
PENDING |
docbot Bot |
| Fragment Media Group |
"IN NO EVENT SHALL OUR LIABILITY FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED, ONE HUNDRED DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
" |
|
PENDING |
docbot Bot |
| Mobicip |
"OR WITH RESPECT TO ANY OTHER SERVICES OFFERED BY MOBICIP OR OUT OF ANY BREACH OF ANY WARRANTY, AND CLIENT WAIVES ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF MOBICIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE WITHOUT LIMITING THE FOREGOING.
</li>
<li> IN NO EVENT SHALL LIABILITY EXCEED ONE HUNDRED U.S.
DOLLARS ($100).
</li>
<li> " |
|
PENDING |
docbot Bot |
| Charitable Allies |
"CHARITABLE ALLIES IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER POSTINGS.
UNDER NO CIRCUMSTANCES, SHALL CHARITABLE ALLIES OR ITS PARTNERS, EMPLOYEES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES RELATED TO OR PROVIDED THROUGH THIS SITE.</p>
<p>THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CHARITABLE ALLIES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.</p>
<p>IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CHARITABLE ALLIES (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $10.00.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.
" |
|
PENDING |
docbot Bot |
| IronSocket |
"ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.<br>
<br>
LIMITATION OF DAMAGES
IF, NOTWITHSTANDING THE FOREGOING, WE OR ANY OF OUR AFFILATED PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SERVICE, SOFTWARE OR ANY CONTENT THEREIN, OUR COMBINED TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US FOR YOUR USE OF THE SERVICE.
AND (B) THE SUM OF ONE HUNDRED ($100.00) US DOLLARS.<br>
<br>
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Blocksi |
"OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.</p> 14.2 Limitation on Amount of Liability.
<p>NEITHER PARTY MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE GREATER OF: (I) ONE THOUSAND DOLLARS OR (II) THE AMOUNT PAID BY CUSTOMER TO Blocksi UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.</p> 14.3 Exceptions to Limitations.
<p>These limitations of liability apply to the fullest extent permitted by applicable law, but do not apply to breaches of confidentiality obligations, violations of a party's Intellectual Property Rights by the other party, or indemnification obligations.</p> 15.
Miscellaneous 15.1 Notices.
<p>" |
|
PENDING |
docbot Bot |
| Tilia LLC |
"Tilia owns the bits and bytes of electronic data stored on Tilia’s servers (the “Servers”), and accordingly will not be liable for any deletion, corruption or data loss that occurs in connection with the Tilia Service.
Tilia will solely determine any disposition of the electronic data stored on the Servers and will have no obligation to reproduce, process, transfer, extract or recreate any data from the Servers, except in accordance with applicable law.</p>
<p>The Tilia Service is subject to scheduled and unscheduled service interruptions and loss of server data, which you do not own and for which you will not hold us liable.</p>
<p>11.4.
Limited Liability</p>
<p>Tilia’s total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in connection with, any breach by Tilia of these Terms shall be limited to a maximum aggregate value of the funds held in your Stored Value Balance at the time of the relevant claim.
Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute.</p>
<p>In addition to the liability cap in this Section 11.4, in no event shall we, our affiliates or service Publishers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with these Terms or otherwise:</p>
<p>" |
|
PENDING |
docbot Bot |
| Sciurls |
"LINKED WEBSITES, AS APPLICABLE.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO BROWSERLING FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO BROWSERLING IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE SERVICES.
YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF USE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO COMMUNICATION OF ANY KIND BETWEEN YOU AND BROWSERLING OR A REPRESENTATIVE OF BROWSERLING CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
" |
|
PENDING |
docbot Bot |
| Escape from Tarkov |
"7.6.3.
statements by or conduct of a third party during the Game or on Game resources.</p>
<p>7.7.
Under any circumstances, the liability of Battlestate Games Limited and/or of the Licensor toward the User is limited to a sum not exceeding the Fee received by Battlestate Games Limited and/or by the Licensor from the User until the circumstances arise that engender the liability of Battlestate Games Limited and/or of the Licensor.</p>
<ol>
<li>FORCE MAJEURE</li>
</ol>
<p>8.1.
" |
|
PENDING |
docbot Bot |
| Minecraft.Buzz |
"Limitation of liability
<p>To the fullest extent permitted by applicable law, in no event will Website Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website Operator has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of Website Operator and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website Operator for the prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.</p>
" |
|
PENDING |
docbot Bot |
| EarthWeb |
"Upon termination, Your right to use the Service will cease immediately.</p>
<p>
<br>
</p>
Limitation of Liability
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.</p>
<p>In these states, each party’s liability will be limited to the greatest extent permitted by law.</p>
<p>
" |
|
PENDING |
docbot Bot |
| HOA-COLORS |
"ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY</p>
<p>CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY</p>
<p>CAUSE WHATSOEVER AND REGARDLESS OF THE FORM</p>
<p>OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE</p>
<p>LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US (FOR <br>THE MOST RECENT CALENDAR MONTH).
CERTAIN US STATE LAWS AND</p>
<p>INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON</p>
<p>IMPLIED WARRANTIES OR THE EXCLUSION OR</p>
<p>LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Picmaker |
"Limitation of Liability <p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL PICMAKER BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE PICMAKER’S SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM PICMAKER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PICMAKER’S RECORDS, PROGRAMS, OR SERVICES.
AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PICMAKER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE PICMAKER’S SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PICMAKER’S SERVICES DURING THE TWELVE (12) MONTHS " |
|
PENDING |
docbot Bot |
| form1-p.com |
"The arbitrator will decide who will ultimately be responsible for paying those fees.
In no event will you be required to reimburse form1-p.com for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the claim had been resolved in court.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
" |
|
PENDING |
docbot Bot |
| ISOMEDIA |
"IN NO EVENT SHALL ISOMEDIA BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, OR INTENTIONALLY OR NEGLIGENTLY, THE USE OF ISOMEDIA'S SITE, SERVICES OR THIS AGREEMENT.
ISOMEDIA'S LIABILITY TO ANY USER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.</p>
<p>" |
|
PENDING |
docbot Bot |
| mindbodygreen |
"AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING THE FAILURE TO COMPLY WITH ANY WARNING LABELS OR INSTRUCTIONS ATTACHED TO THE PRODUCTS.</p>
22.
Limitation on Liability.
<p>mindbodygreen and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to Our Website or the, Our Online Courses or Our Other Products, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in Our Website or the, Our Online Courses or Our Wellness Content (including, without limitation, as a result of breach of any warranty or other term of these Term of Sale or Our Terms of Use).
Any claim against Us shall be limited to the amount you paid, if any, for use of Our Website or the applicable Online Course or Other Product.
Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users.
in such states liability is limited to the fullest extent permitted by law.</p>
23.
Indemnity.
<p>" |
|
PENDING |
docbot Bot |
| mindbodygreen |
"We May be Legally Compelled to Disclose Certain Information
<p>You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.</p>
14.
Our Liability to You is Limited
<p>mindbodygreen and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to Our Website, Our Online Courses or Our Other Products, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in Our Website, Our Online Courses or our Wellness Content (including, without limitation, as a result of breach of any warranty or other term of these Site Terms).
Any claim against us shall be limited to the amount you paid, if any, for use of Our Website or the applicable Online Course or Other Product.
Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users.
in such states liability is limited to the fullest extent permitted by law.</p>
15.
" |
|
PENDING |
docbot Bot |
| ggather |
"In no event will GGather, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to GGather under this Agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Betfair |
"16.4 Subject to clause 16.1 and save in respect of any winnings due to you in accordance with the Terms of Use (noting in particular our right to cancel/void winnings in the event of Errors, Malfunctions or Interruptions (see clause 10), the maximum winnings limits described in clause 8), and our right to withhold funds in certain circumstances including under clause 7.7), our maximum liability to you under the Terms of Use in relation to any one incident or series of related incidents is limited to the greater of:
</p>
<ul>
16.4.1 where such liability relates to a specific Bet, the amount of the applicable stake made by you in respect of such Bet.
or<br>
16.4.2 £10,000.<br>
</ul>
<p>
</p>
<p>" |
|
PENDING |
docbot Bot |
| MIXdrop |
"<br> YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE.
IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO US PURSUANT TO THESE TERMS.
13.
Choice of Law and Venue To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of PANAMA without regard to conflict of law provisions.
FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS LOCATED IN PANAMA.
" |
|
PENDING |
docbot Bot |
| anyIP |
"OR PUNITIVE DAMAGES OR LOSSES, including but not limited to damages or losses for loss of use, lost data, failure of security mechanisms, interruption of business, lost profits or costs of cover, WHETHER RESULTING FROM OR CAUSED BY THE SYSTEM, THE SOFTWARE, THE THIRD PARTY CONTENT, THE THIRD PARTIES, THIS AGREEMENT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL AnyIP BE HELD RESPONSIBLE OR LIABLE TO YOU FOR THE CONDUCT OF THIRD PARTIES.
OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED USD ($100).
" |
|
PENDING |
docbot Bot |
| InstaStoriesViewer |
"Upon termination, Your right to use the Service will cease immediately.</p>
Limitation of Liability
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
In these states, each party's liability will be limited to the greatest extent permitted by law.</p>
"AS IS" and "AS AVAILABLE" Disclaimer
<p> The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.
" |
|
PENDING |
docbot Bot |
| AdLock Media |
"7.
Limitations of Damages and Liability
<br>
<br>
7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING LOST PROFITS OR REVENUES, OR HARM TO BUSINESS) EVEN IF SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL AdLock Media's LIABLITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHER LEGAL THEORY, BE GREATER THAN THE TOTAL AMOUNT PAID BY AdLock Media TO AFFILIATE HEREUNDER.
<br>
<br>
7.2 Neither party shall be liable to the other for any special, consequential (even if a party has been informed of the possibility of such damages), incidental, punitive or indirect damages, losses (including lost or imputed profits), costs or expenses of any kind arising out of these Terms and Conditions or your participation in or termination from the AdLock Media Publisher Program, however caused, and whether based in contract, tort (including negligence), products liability or any other theory of liability regardless of whether such party has been advised of the possibility of such damages, losses, costs or expenses.
Except for liabilities resulting from willful misconduct or recklessness, any liability of one of us to the other shall not exceed the total amount of the Commissions actually paid by AdLock Media to you with respect to your participation in the AdLock Media Publisher Program.
" |
|
PENDING |
docbot Bot |
| Client Portal |
"UPON WHICH THE CLAIM IS BASED.
IN ANY CASE, SELLER'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES BUYER PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘LAURIUM DESIGN LTD’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SELLER TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.
" |
|
PENDING |
docbot Bot |
| Greenhouse Applicant tracking system (ATS) |
"IN NO EVENT WHATSOEVER SHALL EITHER PARTY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
GREENHOUSE NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF SOURCING AUTOMATION.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS ADDENDUM, GREENHOUSE IS FOUND TO BE LIABLE TO LICENSEE FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH LICENSEE’S USE OF SOURCING AUTOMATION OR SOURCING AUTOMATION DATA, GREENHOUSE’S LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL OF ANY FEES PAID BY LICENSEE TO GREENHOUSE FOR SOURCING AUTOMATION IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED.
THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.</p>
<p>4.
<em>
</em>
<strong>Subprocessors</strong>.
" |
|
PENDING |
docbot Bot |
| OpenVPN |
"punitive, special, or exemplary damages arising out of or related to the Service or</p>
<p>this Agreement, however caused and regardless of the form of action, whether in</p>
<p>contract, tort (including negligence) strict liability, or otherwise, even if such parties</p>
<p>have been advised of the possibility of such damages. In no event will Company’s</p>
<p>aggregate liability for all claims arising out of or related to the Service in any one-</p>
<p>year period exceed $500.00 or the amount the Recipient has paid the Company for</p>
<p>the Service during the one-year period prior to the date on which a claim arose,</p>
<p>whichever is greater.</p>
<p>9. " |
|
PENDING |
docbot Bot |
| CoverMe |
"Limitation of Liability<p>In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services.
" |
|
PENDING |
docbot Bot |
| Fibromyalgia Forum |
"Neither Ben’s Friends nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
If you’re actually reading this, here’s a treat.
You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.</p> 12 Limitation of Liability <p>In no event will Ben’s Friends, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to Ben’s Friends under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| LinkedIn |
"LINKEDIN AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO LINKEDIN FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.</p>
<p>### 4.3 Basis of the Bargain; Exclusions</p>
<p>The limitations of liability in this Section 4 are part of the basis of the bargain between you and LinkedIn and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if LinkedIn or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.</p>
<p>" |
|
PENDING |
docbot Bot |
| Botpress |
"right to claim the credit.
In no event shall Customer’s total credit in a month exceed 50%
</p>
<p>of the monthly charges for the affected services.
</p>
<p>No credit will be deemed to accrue for any failure to satisfy this SLA relating to any of the
</p>
<p>" |
|
PENDING |
docbot Bot |
| Peacock |
"OR NETWORK OR SYSTEM OUTAGE.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.</p>
<p>7.2.
Limitation of Liability.
IN NO EVENT WILL THE PEACOCK PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE PEACOCK SERVICE OR THESE TERMS OF SERVICE EXCEED (i) THE AMOUNT (IF ANY) PAID BY YOU TO PEACOCK IN THE SIX MONTHS IMMEDIATELY " |
|
PENDING |
docbot Bot |
| Voicebits |
"OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.</p>
Termination
<p>" |
|
PENDING |
docbot Bot |
| Codeium |
"Exafunction does not disclaim any warranty or other right that Exafunction is prohibited from disclaiming under applicable law.</p>
<p>
<strong>18.
Limitation of Liability</strong>
</p>
<p>18.1.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EXAFUNCTION ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, INCLUDING SUGGESTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EXAFUNCTION ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.</p>
<p>18.2.
EXCEPT AS PROVIDED IN SECTIONS 19.5 AND 19.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE EXAFUNCTION ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO EXAFUNCTION FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.</p>
<p>18.3.
" |
|
PENDING |
docbot Bot |
| Piezano |
"All administrative expenses of the arbitration proceedings commenced under this Agreement shall be as follows:<br>
<br>A.
If the claim or dispute that is the subject of the arbitration proceedings is less than five thousand dollars (US $5,000), your financial responsibility for the administrative costs shall not exceed One Hundred Dollars ($100);<br>B.
If the claim or dispute that is the subject of the arbitration proceedings is between five thousand dollars (US $5,000) and fifty thousand dollars (US $50,000), your financial responsibility for administrative costs shall not exceed Three Hundred Dollars ($300).
" |
|
PENDING |
docbot Bot |
| Turnitin |
"NO WARRANTY IS MADE THAT THE WEBSITE WILL BE TIMELY, SECURE OR ERROR-FREE.
IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, TURNITIN’S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY CALIFORNIA LAW.</p>
<p>
<b>LIMITATION OF LIABILITY.</b> REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, TO THE EXTENT ALLOWED BY CALIFORNIA STATE LAW, YOU UNDERSTAND AND EXPRESSLY AGREE THAT IN NO EVENT WILL TURNITIN OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS, BE LIABLE FOR: (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, DATA AND PROFITS, OR OTHER INTANGIBLE LOSSES, EVEN IF TURNITIN HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
OR (III) TOTAL CUMULATIVE LIABILITY ARISING UNDER OR RELATED TO THE WEBSITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN EXCESS OF THE AMOUNTS PAID TO TURNITIN FOR ACCESS OR USE OF THE WEBSITE ON YOUR BEHALF DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVEN RISE TO LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Raptive |
"YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
THE MAXIMUM LIABILITY OF COMPANY AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO ACCESS AND USE THE SITE.
IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.</p>
<p>
<strong>XIII.
GOVERNING LAW AND JURISDICTION</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Speech Link Multimedia Ltd |
",15.5 We will not be liable to you in respect of any business losses, including ,(without limitation) loss of or damage to profits, income, revenue, use, ,production, anticipated savings, business, contracts, commercial opportunities ,or goodwill.
,15.6 We will not be liable to you in respect of any loss or corruption of any data, ,database or software.
,15.7 We will not be liable to you in respect of any special, indirect or consequential ,loss or damage.
,15.8 You accept that we have an interest in limiting the personal liability of our ,officers and employees and, having regard to that interest, you acknowledge ,that we are a limited liability entity.
you agree that you will not bring any ,claim personally against our officers or employees in respect of any losses ,you suffer in connection with the website or these terms and conditions (this ,will not, of course, limit or exclude the liability of the limited liability entity ,itself for the acts and omissions of our officers and employees).
,15.9 Our aggregate liability to you in respect of any contract to provide services to ,you under these terms and conditions shall not exceed the total amount paid ,and payable to us under the contract.
" |
|
PENDING |
docbot Bot |
| Konami Digital Entertainment |
"CONNECTED WITH THE USE OF OR INABILITY TO USE THE APPLICATION OR ANY SITE OR SERVICE LINKED FROM THE APPLICATION.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KONAMI AND/OR ANY OF THE KONAMI ENTITIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION OR ANY SITE OR SERVICE LINKED FROM THE APPLICATION EXCEED THE AMOUNT YOU PAY, IF ANY, TO KONAMI FOR SUCH ACTIVITY.
Some states or countries do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.</li>
<li>
<strong>14.
Indemnification.</strong> " |
|
PENDING |
docbot Bot |
| PeopleFinders |
"FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE PEOPLEFINDERS APPLICATIONS OR THE SERVICES, EVEN IF PEOPLEFINDERS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY CHANGE OR DELETE GOODS AND SERVICES AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN PEOPLEFINDERS’ AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE GREATER OF THE AGGREGATE AMOUNT YOU PAID FOR YOUR SERVICES IN THE SIX (6) MONTHS " |
|
PENDING |
docbot Bot |
| Vex Robotics |
"the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.</strong>
</li>
</ul>
<p>
<strong>This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.</strong>
</p>
<p>
<strong>Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User.
The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction.
" |
|
PENDING |
docbot Bot |
| Syllabout |
"FURTHERMORE, IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE OR LIABLE FOR THE CONTENT, COMPLETENESS, ACCURACY OR LEGALITY OF INFORMATION OR MATERIAL DISPLAYED IN CONNECTION WITH OR ARISING OUT OF OUR SITE OR ANY CESSATION, INTERRUPTION OR DELAY IN THE PERFORMANCE OF OUR SITE FOR ANY REASON INCLUDING, WITHOUT LIMITATION, CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS EARTHQUAKE, FLOOD, FIRE, STORM OR OTHER NATURAL DISASTER, ACT OF GOD, LABOR CONTROVERSY OR THREAT THEREOF, CIVIL DISTURBANCE OR COMMOTION, ACT OF TERRORISM, DISRUPTION OF THE PUBLIC MARKETS, WAR OR ARMED CONFLICT OR THE INABILITY TO OBTAIN SUFFICIENT MATERIAL, SUPPLIES, LABOR, TRANSPORTATION, POWER OR OTHER ESSENTIAL COMMODITY OR SERVICE REQUIRED IN THE CONDUCT OF BUSINESS INCLUDING INTERNET ACCESS, OR ANY CHANGE IN OR THE ADOPTION OF ANY LAW, ORDINANCE, RULE, REGULATION, ORDER, JUDGMENT OR DECREE.
OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR CONNECTED TO OUR SITE SHALL IN NO EVENT EXCEED $100.</p> 8.
General Provisions <p>We reserve the right at any time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice.
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.</p>
<p>If any provision of these terms of use, for any reason, be declared void, illegal, invalid, or unenforceable in whole or in part, such provision will be severable from all other provisions herein and will not affect or impair the validity or enforceability of any other provision of these terms of use.
provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable.</p>
<p>" |
|
PENDING |
docbot Bot |
| Imagine Learning |
"The ,arbitration shall be conducted by a single, neutral arbitrator.
Any claims or disputes where the total amount of the award sought ,is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved throughbinding non-appearance-based arbitration, ,at the option of the party seeking relief.
" |
|
PENDING |
docbot Bot |
| OpExams |
"AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL HYPATIA TECH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO HYPATIA TECH HEREUNDER OR $100.00, WHICHEVER IS GREATER.</p>
<p>THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HYPATIA TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
" |
|
PENDING |
docbot Bot |
| nocix |
"APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NOCIX UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). .
IF YOU DO NOT AGREE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR SITE OR OUR USE OF YOUR PERSONAL DATA IS TO STOP USING THE SITE AND/OR OUR SERVICES.</p>
<p>" |
|
PENDING |
docbot Bot |
| Clever Cloud |
"Excluded from the Unavailability Period are any interruptions in the operation of all or part of the Internet network over which Clever Cloud has no control, as well as unavailability due to maintenance operations requested by the Customer from Support, or scheduled with at least ten (10) days’ notice.</p>
<p>
<strong>5.3.</strong> In case of unavailability higher than the rate indicated in article 5.1, the Customer will be entitled to claim from Clever Cloud for a given period (at least one consumption statement period, i.e.
one calendar month) a maximum compensation calculated according to the formula P = Tunavail x R x 2 in which:</p>
<ul>
<li>P = amount in euros of the penalty;</li>
<li>Tunavail = rate of unavailability over the period considered by dividing the number of consecutive minutes of unavailability of the Platform by the total number of minutes of the period;</li>
<li>R = amount of the Fee invoiced and paid in full by the Customer during the twelve (12) months prior to the start of the unavailability period.</li>
</ul>
<p> In any event, the amount of this indemnity is capped by mutual agreement at a maximum of 10% of the total amount of Fees invoiced to the Customer during the twelve (12) months of the Contract preceding the start of the period of unavailability.
" |
|
PENDING |
docbot Bot |
| Frost Giant Studios (Stormgate) |
"FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, FROST GIANT'S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT.
IN NO EVENT FROST GIANT, ITS AFFILIATES, LICENSORS, AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO FROST GIANT FOR THE PRODUCT DURING THE SIX (6) MONTHS " |
|
PENDING |
docbot Bot |
| nocix |
"(vii) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL.
(viii) ANY ERROR, OMISSION, DEFECT, VIRUS OR THEFT THAT CAUSES DAMAGE OR LOSS OF YOUR CONTENT OR DATA OR (ix) ANY OTHER MATTER RELATING TO OUR SERVICE OR SITE, EVEN IF NOCIX OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR SITE IS TO STOP USING THE SITE AND/OR OUR SERVICES.
</p>
<p> APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NOCIX UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
" |
|
PENDING |
docbot Bot |
| Bidspotter |
"OR INACCURACIES WITH THE SERVICES OR THE CONTENT, OR DUE TO ANY UNAVAILABILITY OF PART OR ALL OF THE SERVICES OR ANY CONTENT.</li>
<li>For the avoidance of doubt, all liability of the Website Operator for loss of profits, economic loss, wasted management time, special, incidental, indirect, and/or consequential loss or damage, is also expressly excluded to the fullest extent permitted by law.</li>
<li>The Website Operator accepts no liability or responsibility for the use made of the Services by the User or those under its control and, in particular but without limitation, the content of any information.</li>
<li>The exclusions and limitations of liability in these Terms are also for the benefit of the Website Operator’s affiliates (if any).</li>
<li>IN NO EVENT WILL THE AGGREGATE LIABILITY OF WEBSITE OPERATOR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).</li>
<li>SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO " |
|
PENDING |
docbot Bot |
| Bidspotter |
"Without limiting the generality of the foregoing, under no circumstances will BidSpotter be liable for the acts or omissions of any Auctioneer.
</li>
<li>The Bidder User agrees to pursue any dispute, claim, action or right against any Auctioneer independently and without recourse to BidSpotter.
The Bidder User agrees to release BidSpotter from all and any liability for any dispute, claim, action or right in any way associated with the Bidder User's use of the Services.
</li>
<li>The Bidder User will be responsible for any losses or damages suffered or incurred by BidSpotter in respect of any inaccuracy of the Bidder User's data due to incorrect input of data by the Bidder User.
</li>
<li>Where, notwithstanding the above, liability is found against BidSpotter for any reason under or in connection with these Bidder Terms, the Auctioneer Site or the provision of the Website and/or the Services (whether in negligence, breach of contract, breach of statutory duty or otherwise), BidSpotter's aggregate liability in any calendar year in aggregate for all claims relating to any Bidder User shall be limited to $100.
</li>
<li>" |
|
PENDING |
docbot Bot |
| My Injury Claim Center |
"This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts.
You hereby release Company and its Third Party Service Providers from any and all obligations, liabilities and claims in excess of the limitations stated herein.
If applicable law does not permit such limitations, the maximum liability of Company to you under any and all circumstances will be three hundred dollars ($300.00).
" |
|
PENDING |
docbot Bot |
| dreamworks |
"OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIALS.</p>
<strong>14.0 Limitation of Liability.</strong>
<p>TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY RELEASE THE DREAMWORKS ENTITIES OF AND FROM, AND IRREVOCABLY WAIVE, ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ACTUAL ATTORNEYS’ FEES AND COSTS, AND CLAIMS FOR INTEREST), EVEN IF DREAMWORKS IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY) YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR THE MATERIALS, YOUR VIOLATION OF THIS AGREEMENT OR THE VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.</p>
<p>IN NO EVENT SHALL DREAMWORKS’ TOTAL AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, AND/OR THE MATERIALS, EXCEED FIVE UNITED STATES DOLLARS (US $5.00).</p>
<p>YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE DREAMWORKS ENTITIES OR YOUR USE OF THE SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE SERVICES.</p>
<p>BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE LIMITATIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY TO YOU.
" |
|
PENDING |
docbot Bot |
| Intercultural Development Inventory |
"Limitation of Liability<p>NEITHER US, OUR AFFILIATES, QUALIFIED ADMINISTRATORS, SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE COMPANY SERVICES, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE COMPANY SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE COMPANY SERVICES OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES THROUGH THE COMPANY SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE COMPANY SERVICES.
THE LINKING TO OTHER WEBSITES FROM THE COMPANY SERVICES, PRODUCTS AND/OR SERVICES OFFERED ON, MADE AVAILABLE THROUGH THE COMPANY SERVICES.
COMPUTER VIRUS OR SYSTEM FAILURE.
AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE COMPANY SERVICES WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO THE FOREGOING, IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO US FOR ACCESS AND USE OF THE COMPANY SERVCIES OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH THE COMPANY SERVICES, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).
" |
|
PENDING |
docbot Bot |
| Rushcard |
"OR (5) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS.</p>
<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE CUMULATIVE LIABILITY OF THE GREEN DOT PARTNERS TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ACCESS TO THE SERVICES.
IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS OF USE SHALL BE TO DISCONTINUE ANY USE OF THE SERVICES.
</p> Indemnification <p>You agree to indemnify, defend and hold harmless the Green Dot Partners from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any law, rule or regulation.
" |
|
PENDING |
docbot Bot |
| Ryze Tech |
"<br> NOTWITHSTANDING THE FOREGOING, RYZE TECH DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT RYZE TECH IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
<br>
<br>
<br> 14.
Limitation of Liability<br> IN NO EVENT WILL THE RYZE TECH ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, OR ANY MATERIALS, OR USER CONTENT AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY RYZE TECH ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
<br> EXCEPT AS PROVIDED IN SECTION 17.4(iii), THE AGGREGATE LIABILITY OF THE RYZE TECH ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
" |
|
PENDING |
docbot Bot |
| Ryze Tech |
"<br> NOTWITHSTANDING THE FOREGOING, RYZE TECH DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT RYZE TECH IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
<br>
<br>
<br> 14.
Limitation of Liability<br> IN NO EVENT WILL THE RYZE TECH ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, OR ANY MATERIALS, OR USER CONTENT AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY RYZE TECH ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
<br> EXCEPT AS PROVIDED IN SECTION 17.4(iii), THE AGGREGATE LIABILITY OF THE RYZE TECH ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
" |
|
PENDING |
docbot Bot |
| Digital Theatre+ |
"Digital Theatre will remain liable for death and personal injury.
The Platform may be subject to limitations, delays, inaccessibility, and other problems inherent in the use of the internet.
Digital Theatre is not responsible and disclaims all liability for any delays, failures or damages resulting from such problems.
You are fully responsible for internet access, connectivity issues and for securing sufficient capacity on Your Systems to enable You and Authorized Users to download the Content and access the Platform and/or Services.
The limitations of liability set forth in this Section 11.1 shall not apply to a breach through gross negligence or intentional misconduct by You of the scope of the licence granted in Section 2.1, Your failure to pay any amounts due and owing, or to a breach by either Party of its obligations under Section 10 of this Agreement.</p>
<p>
<strong>11.2 Damages Cap</strong>.
Solely to the extent permitted under applicable law, neither Party’s aggregate cumulative liability under this Agreement shall exceed two times (2x) the Subscription Fees payable to Digital Theatre during the Initial Term or Subscription Renewal Term in which the event giving rise to liability occurred.</p>12.
Governing Laws.
Jurisdiction.
Notices<p>
<strong>12.1 Governing Law</strong>.
This Agreement shall be governed by and construed in accordance with English Law.
The English Courts will have exclusive jurisdiction over any claim arising out of or in connection with this Agreement or subject matter or formation (including non-contractual disputes and claims).</p>
<p>
<strong>12.2 Dispute Resolution</strong>.
" |
|
PENDING |
docbot Bot |
| AIRe Link |
"and,(g)any indirect or consequential loss.,Subject to clause 12.2, our total liability to you arising under or in connection with the Contract, ,whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be ,limited to 100% of the total net Charges paid under the Contract.,The terms implied by applicable law are, to the fullest extent permitted, excluded from the ,Contract.In particular, we shall have no liability in any circumstances whatever for any ,interruption or error in the provision of the Services.
" |
|
PENDING |
docbot Bot |
| Nicehash |
"If any deduction or withholding is required by law, you will notify NiceHash and will pay NiceHash any additional amounts necessary to ensure that the net amount received by NiceHash, after any deduction and withholding, equals the amount NiceHash would have received if no deduction or withholding had been required.
Additionally, you will provide NiceHash with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.<br>FINAL PROVISIONSNatural persons and legal entities that are not capable of holding legal rights and obligations are not allowed to create NiceHash Account and use NiceHash Platform or other related services.
If NiceHash becomes aware that such natural person or legal entity has created the NiceHash Account or has used NiceHash Services, NiceHash will delete such NiceHash Account and disable any Services and block access to NiceHash Account and NiceHash Services to such natural person or legal entity." |
|
PENDING |
docbot Bot |
| netmarble |
"We are not responsible and expressly disclaim any liability for any transactions administered by a third party payment service provider and/or store.
9.5.
Limitation of Liability: YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU IN THE 100 DAY PERIOD ENDING ON THE DATE OF YOUR CLAIM.
 .
<strong>" |
|
PENDING |
docbot Bot |
| Cargills Bank |
"The Client hereby agrees that ,under all circumstances, Cargills Bank’s aggregate liability for claims relating to the Online Service, whether ,for breach or in tort including but not limited to negligence, shall be limited to the transaction charges/fees ,or consideration paid by the Client within the previous twelve (12) months for the Online Service, ,excluding any amount paid towards transactions.
,41.
" |
|
PENDING |
docbot Bot |
| City Journal by the Manhattan Institute |
"nbsp;NEITHER MANHATTAN INSTITUTE NOR PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY SERVICE PROVIDERS.</li>
<li>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MANHATTAN INSTITUTE, ITS LICENSORS, THEIR AFFILIATES, SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, THIRD PARTY SERVICE PROVIDERS (INCLUDING THOSE WHO HELP ADMINISTER AND OPERATE THE SERVICES), AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “LICENSOR PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR THE SERVICE CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE LICENSOR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LICENSOR PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES OR SERVICE CONTENT EXCEED THE GREATER OF THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES (IF ANY) AND $100. .
" |
|
PENDING |
docbot Bot |
| Walgreens |
"The arbitration shall be held in the county in which Member resides.
If the value of the relief sought is $10,000 or less, Member or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on Member and Company subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.
" |
|
PENDING |
docbot Bot |
| MLB Major League Baseball |
"BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF MLB IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE MAXIMUM LIABILITY OF MLB, ANY OTHER MLB ENTITY OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE MLB DIGITAL PROPERTIES, INCLUDING BUT NOT LIMITED TO ANY PRODUCTS, AUCTIONS, TICKETS, MERCHANDISE, OR SERVICES AVAILABLE THEREFROM, IS $50.</li>
<li>IN NO EVENT SHALL MLB OR ANY OTHER MLB ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE MLB DIGITAL PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.</li>
</ol>
9.
" |
|
PENDING |
docbot Bot |
| Billy vs SNAKEMAN |
"OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY.
THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
ADDITIONALLY, OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES, WETHER IN CONTRACT, TORT OR OTHER OTHERWISE, WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAY FOR OUR SERVICES OVER THE COURSE OF YOUR USE OF THE SITE.
" |
|
PENDING |
docbot Bot |
| atexto |
"Atexto does not disclaim any warranty or other right that Atexto is prohibited from disclaiming under applicable law.
</p> 7.
Limitations of Liability <p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ATEXTO OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS ON THE SITE, EVEN IF ATEXTO OR AN ATEXTO AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF ATEXTO AND ITS SUPPLIERS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO $100.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
" |
|
PENDING |
docbot Bot |
| Real World |
"ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.<br>
<strong>
<strong>
<strong>
<strong>25.</strong>
</strong> </strong>LIMITATIONS OF LIABILITY</strong>
<br>IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Celsius Network |
"In addition, Celsius reserves the right to withhold or delay the transmission of assets to you if you fail to comply with these Terms.
Our total aggregate liability to you for any claim is limited to the face value of the applicable item or transaction, or the actual value of any assets not properly credited or debited by us.</p>
<p>24.
Legal Process Affecting Celsius Account</p>
<p>" |
|
PENDING |
docbot Bot |
| Omada Health |
"OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES.</p>
<p>THE MAXIMUM LIABILITY OF COMPANY, ITS AFFILIATES AND ITS OR THEIR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS OR CONTENT PROVIDERS TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES.
YOU ACKNOWELDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
" |
|
PENDING |
docbot Bot |
| FlexOffers |
"d.</strong> In exchange for receiving the Advance Payment, you agree to accept a payment that is less than the amount that FlexOffers.com agreed to pay you (“Reduced Payment”).
The difference between the original amount owed to you by FlexOffers.com, and the amount of the Reduced Payment, is the fee.
" |
|
PENDING |
docbot Bot |
| Rick Steves' Europe |
"AND (B) THE AGGREGATE LIABILITY OF RICK STEVES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF RICK STEVES' ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES MAY NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO RICK STEVES FOR ACCESS TO OR USE OF THE SERVICES.</p>
<p>
<strong>Release</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Tower of Fantasy |
"DAMAGE THAT IS NOT FORESEEABLE.
LOSS OR DAMAGE IS FORESEEABLE IF IT WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME THAT THIS EULA BECAME BINDING ON YOU AND US.</p>
<p>(c) WITHOUT AFFECTING SECTION 19(A) ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN QUESTION.
" |
|
PENDING |
docbot Bot |
| KAZ Type |
"In no event shall KAZ Type's liability for any reason exceed the actual price paid for the licence to use the KAZ Software.
</p> " |
|
PENDING |
docbot Bot |
| Haldor AB |
"TORTIOUS ACTIONS IN CONNECTION WITH THE WEBSITES OR MATERIALS, THE PROVISION OR INABILITY TO PROVIDE WEBSITE SERVICES OR THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITES.
THE AGGREGATE LIABILITY OF HALDOR HEREUNDER SHALL IN NO EVENT EXCEED SEK 1,000.</p>
Member accounts, passwords and security
<p>If any of the services requires you to open an account, you must complete the registration process by providing us with current, full and accurate information when prompted by the relevant registration form.
" |
|
PENDING |
docbot Bot |
| EdTech Impact |
"If the EdTech Impact is found liable for any loss or damage that arises out of or is in any way connected with your use of the Site or Services, then its total liability (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) for all claims will in no event exceed the greater of: (a) the sums paid by you to EdTech Impact for the transaction(s) on the Site giving rise to the claim.
or (b) one hundred pounds sterling (£100).</p>Electronic notification policy<p>By using the Services, you consent to receiving from EdTech Impact all communications including notices, agreements, legally required disclosures, newsletters or other information in connection with the Services (collectively, "Contract Notices") electronically.
Additionally, EdTech Impact reserves the right to contact Educators regarding their review and Suppliers regarding their use of the Services, by telephone or email.
EdTech Impact may provide such electronic Contract Notices by posting them on the Site or by emailing an Educator or Supplier directly using the email address held on account or otherwise provided.
" |
|
PENDING |
docbot Bot |
| Spinitron |
"Limits on Liability
<p>
<em>
<strong>Neither the company nor its suppliers will be liable to you for breach-of-contract damages their personnel could not have reasonably foreseen when you agreed to these terms.</strong>
</em>
</p>
<p>
<em>
<strong>As far as the law allows, the total liability to you for claims of any kind that are related to the forum or content on the forum will be limited to $50.</strong>
" |
|
PENDING |
docbot Bot |
| 99math |
"99math is also not liable for any loss of data, business or profits.
Our liability is however not limited in cases where the damages are caused intentionally by us or due to gross negligence on our part.
In no event shall the liability for damages exceed 100 euros.
" |
|
PENDING |
docbot Bot |
| Eduspot |
"LIMITATION OF LIABILITY</strong>
</p>
<p>4.1<br>
Except as expressly provided in these Terms and Conditions, or as prohibited by law (and without limiting liability for personal injury or death arising from the Company’s negligence) the Services are provided “as is” and no warranty, undertaking or term, express or implied, statutory or otherwise.
and all such warranties, undertakings and terms are hereby excluded.</p>
<p>4.2<br>
The aggregate liability of each party arising out of or related to the Contract, whether in contract, tort or any other theory of liability, shall not exceed the amount of annual subscription or fee paid (or payable, as applicable) for the Services by Customer hereunder in the 12 months preceding the circumstances cited as the cause for claim giving rise to such liability.
" |
|
PENDING |
docbot Bot |
| emoodtracker |
"11.
LIMITATION OF LIABILITY.
<p>
<em>
<strong> Except with respect to either party’s confidentiality or indemnification obligations hereunder or damages arising from either party’s violation of the other party’s Intellectual Property rights, (a) neither party will be liable to the other party or to any third party for any incidental, indirect, punitive, special or consequential damages relating to this Agreement and (b) Yottaram’s aggregate liability for any and all claims relating to or arising from this Agreement under any theory will not exceed the total fees paid by Customer to Yottaram in the twelve months before the event (or earlier of the events, if multiple events) giving rise to Customer’s claim for damages against Yottaram, or $10,000, whichever is more.
</strong>
</em>
</p>
<p>
<em>
<strong>Yottaram will have no liability to any third party for any losses or damages under any theory of liability.</strong>
</em>
</p>
<p>
<em>
<strong> The limitations in this Section 11 will apply to all claims for damages, whether based in contract, warranty, strict liability, negligence, tort, or otherwise, and regardless of the person bringing the claim.
</strong>
" |
|
PENDING |
docbot Bot |
| Propertypal |
"ordelivering the Agreement as between the parties.
, b.
lossofprofit;or,c.loss of business.
or13.3Without prejudice to the generality of clause 13.1, the Client will ,d.loss of reputation.
orensure that it has all necessary appropriate consents and notices ,e.depletion of goodwill.
orin place to enable lawful transfer of the Personal Data to be hosted ,f.loss of, damage to, or corruption of data,on the Hosted Site to PropertyPal for the duration and purposes of ,even if such are foreseeable, and whether or not PropertyPal has ,been advised of the possibility of such losses, damages, costs or 13.4Without prejudice to the generality of clause 13.1, PropertyPal ,expenses.shall, in relation to any Personal Data processed in connection with ,12.2PropertyPal shall in no event be liable for any more than an amount Agreement:,equal to the total amount paid by you to PropertyPal in respect of 13.4.1process that Personal Data only on the written instructions of ,any Services in respect of which the liability arose.the Client unless PropertyPal is required by Applicable Laws to ,12.3PropertyPal makes no representations and hereby disclaims all ,warranties (express or implied) to the fullest extent permitted by ,law.,12.4PropertyPalshallhavenoliabilityforanyfailureordelayaffecting,production or transmission of the Hosted Site and any listing, or ,for otherwise failing to comply with its obligations under the ,Agreement, where such failure or delay results from any , governmentalaction,thirdpartyact,fire,flood,storm,insurrection,,power failure, riot, explosion, war or terrorist activity, embargo, ,strikes or other industrial action (whether legal or illegal), labour ,or material shortage, compliance with any law or governmental ,order, rule, regulation or direction, transportation interruption of ,any kind, work slowdown, transmitter or satellite degradation, ,failure of the internet or other technical facilities or any other ,interruption or failure or other condition beyond the reasonable ,control of PropertyPal.,12.5Nothing contained in the Agreement excludes or limits PropertyPal’s ,liability for death or personal injury caused by PropertyPal’s ,negligence or fraudulent misrepresentation, or for any other liability ,which cannot be excluded or limited as a matter of relevant law." |
|
PENDING |
docbot Bot |
| Zapworks |
"(C) LOSS OR CORRUPTION OF DATA OR INFORMATION.
(D) LOSSES SUFFERED BY THIRD PARTIES.
(E) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES (INCLUDING EXEMPLARY, MULTIPLE OR PUNITIVE DAMAGES OF ANY KIND).
HOWSOEVER ARISING UNDER OR IN CONNECTION WITH THE USER AGREEMENT AND/OR THE SERVICES AND REGARDLESS OF WHETHER OR NOT SUCH LOSSES WERE FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES AT THE START OF THE USER AGREEMENT OR ZAPPAR WAS ADVISED OF THE POSSIBILITY OF THE USER SUFFERING THE SAME.</p>
<p> </p>
<p>
<strong>23.4</strong> SUBJECT TO SECTION 23.2, ZAPPAR'S TOTAL AGGREGATE LIABILITY TO THE USER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE ARISING UNDER OR IN CONNECTION WITH THE USER AGREEMENT SHALL BE LIMITED TO WHICHEVER IS THE GREATER OF (1) THE TOTAL FEES ACTUALLY PAID BY THE USER FOR USE OF THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE AND (2) THE SUM OF £100 GBP.
" |
|
PENDING |
docbot Bot |
| Wordshark |
"In no event shall White Space .
liability related to the software or its use exceed the price you actually paid for the software at the date you received it.</p>
<p>
<strong> </strong>
</p>
<strong>Copyright and ownership</strong>
<p>
<strong>Licence Limitations</strong>.
" |
|
PENDING |
docbot Bot |
| Yap Books |
"Yap reserves the right to discontinue the app at any time.</p>
<p> </p>
<p>Yap will not be held liable for network, internet, computer, hardware, or software program malfunctions, failure, delays, or difficulties with the app at any time.</p>
<p> </p>
<p>13.
Limitation of Liability</p>
<p> </p>
<p>Yap will not be liable to you under any legal theory for any damages, claims, injuries, judgments, costs, or liabilities arising out of or related to your use or misuse of the app or your use of products or services offered through the app, including, but not limited to, loss of business, loss of income, special damages, incidental damages, consequential damages, punative damages, or exemplary damages.
you understand and agree that the maximum amount that yap can be held liable to you under any circumstance is the amount that you paid, if any, for services purchased through the app, and in no case will that amount exceed $100.
" |
|
PENDING |
docbot Bot |
| Zilter |
"Nothing in this Agreement excludes the liability of Zilter: <ol>
<li> for death or personal injury caused by Zilter's negligence.
or</li>
<li>for fraud or fraudulent misrepresentation.</li>
</ol>
</li>
</ol>
<ol>
<li> Subject to Clause 14.1 and Clause 14.2: <ol>
<li>Zilter shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement.
and </li>
<li> Zilter's total aggregate liability in contract (including in respect of the indemnity at Clause 13.2), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total Fees paid during the 6 months immediately preceding the date on which the claim arose.
</li>
</ol>
</li>
</ol> 14.
Limitation of liability <ol>
<li> Except as expressly and specifically provided in this Agreement: <ol>
<li> the Customer assumes sole responsibility for results obtained from the use of the Services and the Documentation by the Customer, and for conclusions drawn from such use.
" |
|
PENDING |
docbot Bot |
| Teach Your Monster |
"TYM Ltd will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.</p>
<strong>14.
Maximum liability</strong>
<p>Without limiting the preceding Clause, the aggregate liability of TYM Ltd under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed £5.</p>
<strong>15.
Non-excluded Liabilities</strong>
<p>Nothing in this Agreement limits our liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded.
" |
|
PENDING |
docbot Bot |
| Sharethrough |
"Publisher shall not enter into any stipulated judgment or settlement that purports to bind Sharethrough without Sharethrough’s express written authorization, which shall not be unreasonably withheld or delayed.</p> 11.
Disclaimer of Consequential Damages.
Limitation of Liability <p>IN NO EVENT SHALL SHARETHROUGH, ITS VENDORS, OR LICENSORS, BE LIABLE TO PUBLISHER OR TO ANY THIRD PARTY FOR LOSS OF PROFITS, LOSS OF SALES, TRADING LOSSES, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF SHARETHROUGH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATED LIABILITY OF SHARETHROUGH AND ITS VENDORS, OR LICENSORS TO PUBLISHER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR USE OF THE PLATFORM IN CONNECTION WITH ANY CLAIM OR TYPE OF DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAYABLE TO PUBLISHER IN CONNECTION WITH ANY REVENUE SHARE RELATED TO THIS AGREEMENT DURING THE THREE (3) MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, OR (B) FIVE HUNDRED DOLLARS ($500).
THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.</p> 12.
Third Party Services and Material <p>Sharethrough may source Ad Impressions from third party services in connection with its provision of the Platform and related Services.
" |
|
PENDING |
docbot Bot |
| WeVideo |
"WeVideo has no responsibility for any harm to your computer system (including, for clarity, any mobile device based systems), loss or corruption of data, or other harm that results from your access to or use of the Services or Software.</p>
<p>Limitation of Liability</p>
<p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WEVIDEO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WEVIDEO HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. .
If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of WeVideo and its affiliates shall not exceed THE AMOUNTS PAID BY YOU TO WEVIDEO FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
" |
|
PENDING |
docbot Bot |
| Tango Live |
"You hereby release and discharge the Tango Parties from any and all claims and demands arising out of or relating to any Content.</li>
</ol>Limitations of Liability<ol>
<li>To the maximum extent permitted by applicable law, in no event shall the Tango Parties be liable, whether based in contract, tort (including negligence), or any other legal theory, for any indirect, incidental, consequential, exemplary or punitive damages or losses of any nature, including without limitation any damages or losses for lost revenue or profits, loss of business, loss of goodwill, loss of data, loss of Content, work stoppage, accuracy of results or device or computer failure or malfunction arising out of or in connection with the Software and/or any of the Services, the Terms of Use or the performance, suspension, termination or breach hereof, even if Tango or any other Tango Party has been advised of or should have known of the possibility thereof.
In no event shall the aggregate liability of the Tango Parties exceed the amount you paid to Tango for any products or services purchased from Tango on any of the services during the six (6) month period immediately preceding any claim.</li>
<li>The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you.
" |
|
PENDING |
docbot Bot |
| Tango Live |
"Notwithstanding the above, Publisher shall not sell Personal Data it received from or collected on behalf of TangoMe.</p>RESOLUTION OF DISPUTES WITH DATA SUBJECTS OR SUPERVISORY AUTHORITIES<p>f either Party is the subject of a claim by a Data Subject or a supervisory authority or receives a notice or complaint from a supervisory authority relating to its respective processing activities (a "DP Claim"), it shall promptly inform the other Party of the DP Claim and provide the other Party with such information as it may reasonably request regarding the DP Claim.</p>
<p>here the DP Claim concerns the respective processing activities of one Party only, then that Party shall assume sole responsibility for disputing or settling the DP Claim.</p>
<p>here the DP Claim concerns the respective processing activities of both Parties, then the Parties shall use all reasonable endeavors to cooperate with a view to disputing or settling the DP Claim in a timely manner.
provided always that neither Party shall make any admission or offer of settlement or compromise without using all reasonable endeavors to consult with the other Party in advance.</p>LIABILITY<p>Notwithstanding anything else in the Agreement, the total liability of either Party towards the other party under or in connection with this DPA will be limited to the maximum monetary or payment-based amount at which that party’s liability is capped under the Agreement.</p>PRIORITY<p>If there is any conflict or inconsistency between the terms of this DPA and the remainder of the Agreement then, the terms of this DPA will govern.
" |
|
PENDING |
docbot Bot |
| Tynker |
"LIMITATION OF LIABILITY.</strong> TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO
EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER
ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY
AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO COMPANY
HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
(II) FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
(III) FOR DATA LOSS OR COST
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
" |
|
PENDING |
docbot Bot |
| Trilby Multimedia |
" Subject to clause 14.1 and clause 14.2:</p>
<p>14.3.1 .
 .
 .
 .
 .
Trilby shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising.
and</p>
<p>14.3.2 .
 .
 .
 .
 .
Trilby’s total aggregate liability in contract tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the total Subscription Fees paid for the Subscriptions during the 12 months immediately preceding the date on which the claim or other liability arose.</p>
<p>14.4 .
 .
 .
" |
|
PENDING |
docbot Bot |
| Acorns |
"The contribution is treated as a rollover, except that this type of rollover does not count when figuring the annual limit on the number of rollovers allowed.
The amount you can contribute to a Roth IRA under this provision cannot exceed the total amount of such payments that you received because of the death of a person reduced by any part of the amount so received that you have already contributed to a Roth IRA.</p>
<p>Recharacterizing a Roth IRA Contribution</p>
<p>" |
|
PENDING |
docbot Bot |
| TherapyNotes |
"TherapyNotes engages in commercially reasonable efforts to protect the
confidentiality, availability and integrity of the Services, but it cannot guarantee
continuous, error-free, secure and virus-free operation at all times, and you
understand that you shall not be entitled to refunds or other compensation based on
TherapyNotes' failure to provide any of the foregoing other than as explicitly
provided in this Agreement.
Some jurisdictions do not allow the disclaimer of
implied warranties, and to that extent, the foregoing disclaimer may not apply to
you.
To the extent applicable (i.e., for Providers), TherapyNotes does not guarantee
that by mere use of the Services you will be in compliance with HIPAA, and you
understand and agree that you are responsible for maintaining any other
administrative, technical and physical measures required to maintain appropriate
information security with respect to PHI you create, receive, maintain, and/or
transmit and to otherwise comply with HIPAA.
</p>
</li>
<li>
Limitation of Liability
<p>
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR
REGISTRATION OR ACCOUNT.
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR
ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR
OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION,
EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR THE SERVICES IN THE
IMMEDIATELY PRECEEDING 12 MONTHS PRIOR TO ANY SUCH CLAIM.
</p>
<p>
IN NO EVENT SHALL THERAPYNOTES OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES,
SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD
PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR
EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT
LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE) " |
|
PENDING |
docbot Bot |
| Chatr |
"iv.
any act, omission or negligence of other companies or telecommunications systems when their facilities are used in establishing connections to or from your facilities and equipment.
Except in cases where negligence on our part results in physical injury, death or damage to your property or premises, our liability for negligence related to the provision of 9-1-1 emergency services on a mandatory basis is limited to the greater of <strong>$20</strong> and <strong>3</strong> times the amount, if any, you would otherwise be entitled to receive as a refund for the provision of defective Service under an Agreement.
" |
|
PENDING |
docbot Bot |
| The Medic Portal |
"If the correct amount of the Fee is higher than the amount displayed on the Website and/or in the Brochure, TMP will contact you to notify you of the correct Fee, so you can decide whether or not you wish to continue with your order of the Course at the increased Fee.</p>
<p>3.5 Pursuant to Clause 3.4 if you decide you want to cancel your order TMP will give you a full refund in respect of any amount you have already paid in accordance with Clause 4.
" |
|
PENDING |
docbot Bot |
| Lessonspace |
"Lessonspace shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the user, which arises directly or indirectly from reliance of the website and/or its content.
In no event shall Lessonspace's total liability to you for all damages, losses and causes of action, whether in contract, delict (including but not limited to, negligence) or otherwise, exceed the amount paid by you to Lessonspace.</p>
<p>" |
|
PENDING |
docbot Bot |
| This is School |
"All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.</li>
<li>
<strong>6.3.</strong> Nothing in these Terms limits or excludes the liability of TIS (a) for death or personal injury resulting from negligence.
or (b) for any damage or liability incurred by the School as a result of fraud or fraudulent misrepresentation by us.</li>
<li>
<strong>6.4.</strong> Subject to condition 6.3, TIS shall not be liable for any interruptions to, down time of or discontinuance or modification of the Services, loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods.
loss of contract.
or loss of use.
or loss of corruption of data or information.
or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.</li>
<li>
<strong>6.5.</strong> Subject to condition 6.3, TIS’s total liability to the School in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Agreement shall be limited to the price paid for the Services.</li>
</ul>
<p></p>
<p></p>7.
Data protection<p></p>
<ul>
<li>
<strong>7.1.</strong> " |
|
PENDING |
docbot Bot |
| Thinglink |
"AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL THINGLINK, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THINGLINK FOR THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE HEREUNDER OR ONE HUNDRED EURO ($100.00)., WHICHEVER IS GREATER.
</p>
<p> THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THINGLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, " |
|
PENDING |
docbot Bot |
| Teachn N Go |
",6.5Liability.
To the extent allowed by law and subject to specific terms in applicable ,Appendices, TnG’s liability to Customer, and to each member of Customer Group (taken ,together), under or in connection with this DPA, including under the Appendices to this ,DPA, shall in no event exceed 6 month’s worth of fees paid by Customer to TnG for ,provision of the Services.,6.6Third-Party Rights.
No third party shall be considered a third-party beneficiary under ,this DPA, nor shall any third party have any rights as a result of this DPA, except as ,otherwise provided in the applicable appendix." |
|
PENDING |
docbot Bot |
| Internet Brands |
"ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES.
NOTHING IN THESE TOU WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.</p>
<p>THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).</p>
<p>IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY.
TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN " |
|
PENDING |
docbot Bot |
| Springpod |
"We only supply the services on the understanding that we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.<strong>13.5 In so far as the law permits, neither party to this contract shall be liable to the other party for any incidental, indirect, consequential or punitive damages, or loss of data.</strong>
<strong>13.6 If you are a School or an Employer we will not be liable to pay you compensation for breach of the contract in any circumstances, in excess of the amount of the fees you have paid to us for the current period of the contract, whether an initial period or a renewal period, and our total liability to you will be limited to that amount.</strong>" |
|
PENDING |
docbot Bot |
| SonicWall |
"OR (E) ANY LIABILITYTO THE ,EXTENT LIABILITY MAYNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW, THE MAXIMUM AGGREGATE,AND CUMULATIVE LIABILITY OF CUSTOMER, PROVIDER, PROVIDER’S AFFILIATES AND SUPPLIERS UNDER THIS ,AGREEMENT, WHETHER ARISING IN OR FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),BREACH OF ,STATUTORY DUTY, OR OTHERWISE, SHALL NOT EXCEED (Y) THE GREATER OF THE FEES PAID AND/OR OWED (AS ,APPLICABLE) BY CUSTOMER FOR THE SERVICESTHAT ARE THE SUBJECT OF THE BREACH OR (Z) FIVE HUNDRED ,DOLLARS ($500.00).
" |
|
PENDING |
docbot Bot |
| Spellzone |
"We will not be liable if we are unable to perform our obligations under these Terms and Conditions due to the failure of any machine, data processing system or transmission link or to any circumstances beyond our control (including but not limited to strike, industrial action, war, fire, act of God or prohibition or enactment of any kind).</p>
<p>22.5.
Subject to Clause 22.1 and without prejudice to Clause 22.2, if we are found liable to you our liability shall not exceed the total Fee paid by you to us.</p>
<p>22.6.
You agree that given the nature of the Service, the exclusions and limitations of our liability are reasonable.</p>
23.
Law
<p>23.1.
" |
|
PENDING |
docbot Bot |
| SonicWall |
"and (iii) promptly notify and reasonably assist Customer with any data subject access request,relating to the personal data.
Customer authorizes Provider to process the personal data for the purpose of complying with,Provider’s rights and obligations under this Agreement, including without limitation, international transfers of personal data to,Provider’sworldwide Affiliates and/or their respective agents or subcontractors, and/or to other relevant business partners,,provided that (i) such transfer is required under or in connection with this Agreement and (ii) Provider ensures that, for any,transfer of personal data to a country outside the EEA it has adequate agreements in place incorporating the EU standard,contractual clauses for the transfer of personal data to processors established in third countries.,10.Limitation of Liability.,Except as otherwise set forth in Section Country Unique Terms the parties shall be liable as follows:,(a)Subject to Section 10(b) and (c), the maximum aggregate and cumulative liability of either party under this Agreement,,whether arising in or for breach of contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the,greater of 125% of the fees paid and/or owed (as applicable) by Customer for the Activities that are the subject of the breach.,(b)Subject to Section 10(c), neither party shall be liable for any (i) loss of income, revenue, business, contracts or actual or,anticipated profits.
(ii) loss of anticipated savings.
" |
|
PENDING |
docbot Bot |
| SonicWall |
"OR (E) ANY LIABILITYTO THE ,EXTENT LIABILITY MAYNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW, THE MAXIMUM AGGREGATE,AND CUMULATIVE LIABILITY OF CUSTOMER, PROVIDER, PROVIDER’S AFFILIATES AND SUPPLIERS UNDER THIS ,AGREEMENT, WHETHER ARISING IN OR FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),BREACH OF ,STATUTORY DUTY, OR OTHERWISE, SHALL NOT EXCEED (Y) THE GREATER OF THE FEES PAID AND/OR OWED (AS ,APPLICABLE) BY CUSTOMER FOR THE SERVICESTHAT ARE THE SUBJECT OF THE BREACH OR (Z) FIVE HUNDRED ,DOLLARS ($500.00).
" |
|
PENDING |
docbot Bot |
| Discovery Education |
"LIMITATIONS OF LIABILITY <p> 10.1 <strong>Consequential damages exclusion.
</strong>IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.
</p>
<p> 10.2 <strong>Aggregate Liability</strong>.
To the maximum extent permitted by law, in no event shall Discovery Education’s aggregate liability with respect to any matters whatsoever arising under or in connection with the Standard Terms exceed the lesser of the total fees paid by Subscriber to Discovery Education under the Standard Terms within the twelve (12) month period prior to the date the cause of action giving rise to liability arose or $100,000.
The foregoing liability is cumulative with all payments for claims or damages in connection with these Standard Terms being aggregated to determine satisfaction of the limit.
</p>
<p> 10.3 Discovery Education shall not be responsible for the provision or maintenance of any hardware, software or internet connection used by the Subscriber or its Users for the purposes of accessing the Service(s) online (or any element thereof).
</p>
<p> 10.4 Where a Service contains links to third party websites and/or resources, these links are provided for information purposes only.
Discovery Education has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from Subscriber or its Users’ use of them.
</p> 11.
" |
|
PENDING |
docbot Bot |
| Discovery Education |
"Consequential damages exclusion</strong>.
IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.</p>
<p>8.2.
<strong>Aggregate Liability</strong>.
To the maximum extent permitted by law, in no event shall Discovery Education’s aggregate liability with respect to any matters whatsoever arising under or in connection with the Free Access Terms exceed the lesser of (i) total fees paid by Subscriber to Discovery Education under the Free Access Terms within the twelve (12) month period prior to the date the cause of action giving rise to liability arose or $100,000.
" |
|
PENDING |
docbot Bot |
| SmartRubric |
"29.
<p>
If we are liable to you directly or indirectly in relation to the Site and/or the Services, that liability (howsoever arising) shall be limited to the sums paid by you to use the Site.
Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by English law.
</p>
" |
|
PENDING |
docbot Bot |
| EduKey |
"LIABILITY <p>6.1 We will not be liable to You (whether such liability arises in contract, tort (including negligence) or otherwise) for any loss of profits, loss of contracts, loss of anticipated savings, loss of revenue, loss of or damage to data, loss of or damage to reputation or goodwill or any indirect or consequential loss or damages.</p>
<p>6.2 Our maximum liability to You for any loss or damage arising is limited to a maximum of £500 for Customers of solely Transactional Products and to 25% of the amount paid in the calendar year prior to any claim for Customers using all other Products.</p>
<p>6.3 Nothing in the Terms will limit or exclude Our liability for: (i) fraud or fraudulent misrepresentation.
" |
|
PENDING |
docbot Bot |
| Skolera |
"(b) your use of the products will be uninterrupted, timely, secure or error-free or (c) any errors in the products will be corrected.
<br>
<br> skolera ulp does not support, endorse or make any representations or warranties regarding, any third party products, services and/or promotions, and in no event will skolera ulp have any liability whatsoever in connection therewith.
<br>
<br> in no event will skolera ulp, its developers, or its suppliers be liable for any lost profits, lost opportunity, lost savings, loss of goodwill, lost business, loss of anticipated benefits, business interruption, loss of business information, loss of or damage to data, computer failure or malfunction, or any indirect, special, incidental, consequential, or punitive damages arising out of or as a result of this agreement, the use of or inability to use the products or the provision of services, even if skolera ulp has been advised of the possibility of such damages.
in no event will skolera ulp’s, its developers’ or suppliers’ entire liability for all claims arising out of or as a result of this agreement exceed the greater of twenty five dollars ($25) or the amount you actually paid skolera ulp in the twelve (12) months preceding the incident giving rise to liability.
the foregoing limitations will apply whether an action is in contract or tort and regardless of the theory of liability.
" |
|
PENDING |
docbot Bot |
| Picture-News |
"Limitations of liability <p>15.1 Picture News Limited's liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Website and/or any Service shall be limited the greater of: (a) £150 and (b) the price paid by you to Picture News Limited under any Contract during the 3 months preceding the event giving rise to the claim.
</p>
<p>" |
|
PENDING |
docbot Bot |
| EduKey |
"You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of a Website or a Service other than as required by law.</p>
</li>
<li> Limitations of Liability <p>Our liability to you in relation to these General Terms and your use of the Websites and/or any Service is limited to the greater of: (a) £150 and (b) the price paid by you to us under any contract for paid services during the 3 months before the event giving rise to the claim.</p>
<p>You acknowledge and agree that we shall not be liable for any (i) loss of profits, sales, business or revenue (ii) loss or corruption of data, information or software (iii) loss of business opportunity (iv) loss of anticipated savings or (v) any loss which is not reasonably forseeable. </p>
<p>Nothing in these General Terms shall affect your statutory rights or exclude or restrict Tes' liability for fraud, fraudulent misrepresentation or for death or personal injury arising from our negligence.</p>
<p>" |
|
PENDING |
docbot Bot |
| Hodder Education |
",22.Our total liability to you in the event of a breach of these terms and conditions is limited to ,the Fee paid or payable.
This does limit in any way our liability:,a.for death or personal injury caused by our negligence;,b.under section 2(3) of the Consumer Protection Act 1987.
,c.for fraud or fraudulent misrepresentation;,d.for any other matter for which it would be illegal for us to exclude, or attempt to ,exclude, our liability.,23.We will not be liable for any indirect or consequential losses, including but not limited to loss ,of income or revenue, loss of business, loss of profits or contracts, loss of anticipated ,savings, loss of data, or waste of management, office, study or teaching time however ,arising and whether caused by tort (including negligence), breach of contract or otherwise." |
|
PENDING |
docbot Bot |
| Hodder Education |
",21.Our total liability to you in the event of a breach of these terms and conditions is limited to ,the Fee paid or payable.
This does limit in any way our liability:,a.for death or personal injury caused by our negligence;,b.under section 2(3) of the Consumer Protection Act 1987.
,c.for fraud or fraudulent misrepresentation;,d.for any other matter for which it would be illegal for us to exclude, or attempt to ,exclude, our liability.,22.We will not be liable for any indirect or consequential losses, including but not limited to loss ,of income or revenue, loss of business, loss of profits or contracts, loss of anticipated ,savings, loss of data, or waste of management, office, study or teaching time however ,arising and whether caused by tort (including negligence), breach of contract or otherwise." |
|
PENDING |
docbot Bot |
| Socrative |
"The entire risk as to the results and performance of the Services is assumed by You and You agree to implement and adopt reasonable measures to examine and confirm results prior to use, to save data, and limit exposure to errors and failures in data.</p>
<p>6.3 <strong>Limitation of Liability.</strong> The total liability of Showbie, Showbie’s directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, whether under the express or implied terms of this Agreement, in tort (including negligence or other duty of care) or at common law, for any loss or damage including but not limited to any data loss or corruption, suffered by You or any Authorized Users or third-parties, whether direct, indirect or special, or any other similar damage that may arise or does arise from use of the Services or any breach of this Agreement by Showbie, shall in no event exceed the amount paid by You to Showbie for the Services.
" |
|
PENDING |
docbot Bot |
| Securly |
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED THESE TERMS SHALL NOT BE MORE THAN $100.00.</p> " |
|
PENDING |
docbot Bot |
| Securly |
"IN SUCH AN EVENT, COMPANY SHALL ALSO EXERCISE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE CUSTOMER WITH REASONABLE OPPORTUNITY TO ACCESS THE SERVICES FOR THE PURPOSES OF SECURING AND BACKING UP CUSTOMER’S USER DATA.</p>
<p>(e) TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER WARRANTIES, AND COMPANY HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.</p> 11.
Limitation of Liability <p>BOTH PARTIES EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER PARTY SHALL BE LIABLE TO THE OTHER UNDER THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF TIME OR LOST PROFITS) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITH THE EXCEPTION OF WILLFUL OR GROSSLY NEGLIGENT BREACHES OF SECTION 7, AND WITHOUT AFFECTING THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 10, IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY OF ANY TYPE UNDER THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE.
" |
|
PENDING |
docbot Bot |
| Schools Music Market |
"Your use of the Services and Resources is at your own risk.</p>
<p>10.2 SMM does not warrant that the marketplace will meet your specific requirements, that the Services will be uninterrupted, timely, secure, or error-free, or that any errors or defects in the marketplace or Services will be corrected.</p>
<ol>
<li>
<strong>Limitation of Liability:</strong>
</li>
</ol>
<p>11.1 To the maximum extent permitted by applicable law, in no event shall SMM be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of or inability to use the marketplace or Services.</p>
<p>11.2 SMM’s total liability to you for any claims arising out of or related to the marketplace or Services shall not exceed the total amount paid by you, if any, to SMM in the twelve (12) months prior to the event giving rise to such liability.</p>
<ol>
<li>
<strong>Governing Law and Jurisdiction:</strong>
</li>
" |
|
PENDING |
docbot Bot |
| SchoolOnline |
"SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.</li>
<li>Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred pounds UK sterling or equivalent (£100.00GBP).
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.</li>
<li>You may not use or otherwise export or re-export the Licensed Application except as authorized by the laws of the United Kingdom or such other jurisdiction as may be applicable and the laws of the jurisdiction in which the Licensed Application was obtained.</li>
<li>The Licensed Application and related documentation are protected by copyright laws worldwide</li>
<li>" |
|
PENDING |
docbot Bot |
| Schoop |
"loss of profit, goodwill, business opportunity or anticipated saving suffered by the other party.
or</li>
<li>indirect or consequential loss or damage suffered by the other party.</li>
</ul>
</li>
<li>Subject to clauses 10.4, the entire liability of THE COMPANY in aggregate in any 12 month period under or in connection with this AGREEMENT, whether for negligence, breach of contract, misrepresentation or otherwise, is limited to the total charges (excluding VAT) paid by the CLIENT to THE COMPANY in respect of the Services in the 12 month period preceding the date of the breach.</li>
<li>" |
|
PENDING |
docbot Bot |
| RealVPN |
"Notwithstanding the foregoing, in no event shall the total liability of RealVPN, for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to RealVPN in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim.</p> 10.
RELEASE AND INDEMNITY <p>You hereby expressly and irrevocably release and forever discharge RealVPN, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.</p>
<p>You hereby agree to indemnify and hold harmless RealVPN, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of</p>
<ul>
<li>a breach of this Agreement,</li>
<li>" |
|
PENDING |
docbot Bot |
| Sectigo |
",9.Limitation of Liability ,9.1.Damage Limitation.
REGARDLESS OF THE TYPE, AMOUNT, OR EXTENT OF ANY ACTUAL DAMAGES ,SUFFERED BY SUBSCRIBER, SECTIGO’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OR ,RELATED TO THIS AGREEMENTAND THE SERVICES, UNDER ANY THEORY OR CLAIM, SHALL BE ,LIMITED TO (I) ONE HUNDRED US DOLLARS ($100.00) IF SUBSCRIBER IS USING A TRIALVERSION OF ,THE SERVICES OR PURCHASED THE SERVICES THROUGH A SECTIGO RESELLER, " |
|
PENDING |
docbot Bot |
| Sectigo |
"In the event of a damaged, lost or missing ,shipment, Sectigo shall, at Subscriber’s specific, written request and discretion, submit a claim on behalf of the Subscriber ,with the carrier, and ensure the claim is resolved to Subscriber’s reasonable satisfaction.
,11.4.Limitation on Liability.
SUBJECT TO SECTION 11.5, THE TOTAL LIABILITY OF SECTIGOAND ITS AFFILIATES, AND ,EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND CONTRACTORS, RESULTING FROM OR ,CONNECTED TO THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID BY SUBSCRIBER FOR THE SERVICES ,GIVING RISE TO THE LIABILITY.
" |
|
PENDING |
docbot Bot |
| Sectigo |
"THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.</p>
<p>THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT MAY BE PROVIDED IN A SEPARATE AGREEMENT FOR THE PROVISION OF SERVICES OBTAINED THROUGH THE SITE.</p>
<p>
<strong>Limitation on Liability</strong>
</p>
<p>SECTIGO’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OR RELATED TO THESE TERMS OF USE, UNDER ANY THEORY OR CLAIM, SHALL BE LIMITED TO USD $100.00 (ONE HUNDRED US DOLLARS), REGARDLESS OF THE TYPE, AMOUNT, OR EXTENT OF ANY ACTUAL DAMAGES SUFFERED.
" |
|
PENDING |
docbot Bot |
| Monster Worldwide |
"14.
Limitation of Liability.
</strong>
<p>TO THE FULLEST EXTENT POSSIBLE BY LAW, MONSTER'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY MONSTER SITE OR YOUR USE OF THE MONSTER CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.</p>
<strong>15.
Links to Other Sites.
</strong>
<p>The Monster Sites contain links to third party websites.
" |
|
PENDING |
docbot Bot |
| AllSides |
"Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your Account, You may simply discontinue using the Service.</p> Limitation of Liability
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| Save On Foods |
"</ol>
<p>whether based on contract, tort, negligence, strict liability, or otherwise, even if PFG or any of its affiliates or suppliers have been advised of the possibility of damages.
<br>
<br>If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of PFG for damages of any nature suffered by you shall in no event exceed the Purchase Price of your transaction.
" |
|
PENDING |
docbot Bot |
| Sunbird Messaging |
"IN NO EVENT SHALL SUNBIRD’S OR ANY OF ITS AFFILIATES’, SUBSIDIARIES’ OR AUTHORIZED RESELLERS’, DISTRIBUTORS’ OR AGENTS’ TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED $100 REGARDLESS OF THE REASON FOR SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE APP, ANY CHANGES TO OR INACCESSIBILITY OF THE APP, ANY INACCURACY OR INCOMPLETENESS OF THE CONTENT OR INFORMATION CONTAINED IN THE APP, ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE APP OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE APP, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, NEGLIGENCE OR OTHERWISE.</p>
<p>SOME STATES AND COUNTRIES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER.
IF USER IS DISSATISFIED WITH THE APP, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE APP.</p>
<p>THE DISCLAIMER OF WARRANTIES AND THE LIMITATION OF LIABILITY AND REMEDY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER FOR USER TO OBTAIN THE RIGHTS TO USE THE APP AT THE SPECIFIED PRICE, IF ANY.
" |
|
PENDING |
docbot Bot |
| MediaNews Group |
"YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.</p>
<p>IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MEDIANEWS GROUP ITS SUBSIDIARIES OR AFFILIATES, INCLUDING ALL PREDECESSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THOSE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MATERIALS, PRODUCTS OR SERVICES, OR THIRD PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PLATFORM.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MEDIANEWS GROUP AND ITS SUBSIDIARIES AND AFFILIATES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
MEDIANEWS GROUP’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE TERMS OF USE AND ALL CONTENT AND SERVICES PROVIDED UNDER THE TERMS OF USE OR THROUGH THE PLATFORM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $10.
YOU AGREE THAT MEDIANEWS GROUP WOULD NOT ENTER INTO THE TERMS OF USE WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, MEDIANEWS GROUP’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.</p>
<p>
<strong>Use of Company Directories</strong>
<br>The information contained in the Company Directories is provided for business lookup purposes and is not to be used for marketing or telemarketing applications.
" |
|
PENDING |
docbot Bot |
| Muse |
"ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.</p>
<p>THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.</p>
Limitation on Liability
<p>IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICE IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.</p>
<p>THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.</p>
Governing Law and Jurisdiction
<p>" |
|
PENDING |
docbot Bot |
| Rosland Capital |
"ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.</p>
<p>(d) LIMITATION OF LIABILITY.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE OR THE PRODUCTS) EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS, LESS THE FAIR MARKET VALUE OF SUCH PRODUCTS.</p>
<p>
<strong>14.
Domestic Use.</strong> We control the Web Site from our offices within the United States of America.
" |
|
PENDING |
docbot Bot |
| Megaplex Theatres |
"THIS APPLIES EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH COSTS.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages.
In such jurisdictions, our liability is limited to the greatest extent permitted by law, or twenty dollars ($20), whichever is less.</p>
<p>3.4 Indemnification: You agree to indemnify and hold Megaplex Theatres harmless from and against any and all liabilities and costs incurred in connection with any claim directly or indirectly arising out of or related to, any breach by you of these Terms and Conditions, including without limitation, attorneys’ fees and costs and/or any claim related to Member’s participation in the MyMegaRewards program.
" |
|
PENDING |
docbot Bot |
| Los Angeles Times |
"/OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF THE LESSER OF $100 OR THE AMOUNT YOU PAID TO USE THE SITE.</p>
<p>
<b>Indemnity.</b> " |
|
PENDING |
docbot Bot |
| Robotel |
"Limitation of Liability
<p>In no event will Robotel, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to Robotel under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Prodigy Education Inc. |
"(2) WILL BE TIMELY, ACCURATE, FREE FROM ERRORS OR LOSS, UNINTERRUPTED, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
(3) WILL BE CORRECTED, REPAIRED OR OTHERWISE RESTORED FOR ANY DEFECTS OR ERRORS THAT OCCUR - SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED.</p>
<p>TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NO ADVICE OR INSTRUCTION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.</p>
<strong>Limitation of liability</strong>
<p>This clause does not apply to consumers residing in Quebec:</p>
<p>TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, SUPPLIERS, OR BUSINESS PARTNERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO COMPANY HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
" |
|
PENDING |
docbot Bot |
| The Real Yellow Pages |
"AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THRYV OR YAHOO OR THEIR RESPECTIVE AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THRYV'S AND YAHOO'S AND THEIR RESPECTIVE AFFILIATES' TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US, IF ANY, DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY, OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS).</p>
<p>" |
|
PENDING |
docbot Bot |
| The Real Yellow Pages |
"THRYV, INC.
WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES OR THE YP SITES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.</dd>
</dl>
<dl>
<dt>5.3</dt>
<dd>LIMITATION OF LIABILITY.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF THRYV, INC.
ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOU OR THE SERVICES EXCEED THE GREATER OF:<ol>
<li>AMOUNTS THAT YOU PAID THRYV, INC.
FOR YOUR USE OF THE SERVICES;</li>
<li>$50.
OR</li>
<li>WITH RESPECT TO SERVICES SUBJECT TO ADDITIONAL TERMS, THE AGGREGATE LIABILITY AMOUNT SPECIFIED IN SUCH ADDITIONAL TERMS.</li>
</ol>
</dd>
</dl>
<dl>
<dt>5.4</dt>
<dd>STATE LAW RIGHTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Glance |
"b.
Except in connection with the indemnification obligation under Section 9(a), Glance’s (including all companies on whose Sites Ads are distributed (“Participating Companies”) total cumulative liability to Advertiser from all causes of action, claims and all theories of liability will be limited to direct damages only and will not, exceed the fees received by Glance corresponding to the portion of the IO spend for Ads distributed on Glance Properties to the extent such causes(s) of action arise from each such distribution channel, respectively.
Participating Companies shall be deemed third party beneficiaries of Advertiser’s obligations hereunder including Advertiser’s indemnity obligations</p>
<p>
<b>11.
</b>
<b>
<b>NON-DISCLOSURE, DATA USAGE AND OWNERSHIP, PRIVACY AND LAWS</b>
</b>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Glance |
"g) There maybe additional terms published/announced for each of the games, reward programs, contests, etc.
and it is Your responsibility to keep an eye and accordingly comply.</p>
<p>
<strong>10.
LIMITATION OF LIABILITY</strong>
</p>
<p>10.1 In no event will Glance, its affiliates and/or licensors be liable for loss of profits, special, incidental or consequential damages resulting from possession, access, use or malfunction of the inmobi application, including but not limited to, damages to property, Loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages, property damages or punitive damages from any causes of action arising out of or related to this eula, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Glance, its affiliates and/or its licensors have been advised of the possibility of such damages.
In no event shall Glance’s, its affiliates’ and/or its licensors’ liability for all damages (except as required by applicable law) exceed an amount of five hundred united states dollars.
" |
|
PENDING |
docbot Bot |
| Chewy |
"NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH CHEWY GROUP, ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY, OR THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID CHEWY IN THE PRIOR 12 MONTHS.
YOU AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE EVENT(S) GIVING RISE TO SUCH CLAIM OR " |
|
PENDING |
docbot Bot |
| Glance |
"and d) any intellectual property right infringement claim arising out of Customer Materials.</p>
<p>
<br>
<b>
</b>
</p>
<p>
<b>12.
LIMITATION OF LIABILITY:</b>
</p>
<p>a) Except in case of Glance ‘s willful misconduct, gross negligence and/or fraud, in no event will Glance be liable for any consequential, indirect, incidental, punitive, special, or exemplary damages whatsoever, including, but not limited to, damages for loss of profits, business interruption, loss of information, and the like, incurred by Customer arising out of an IO, even if such party has been advised of the possibility of such damages.</p>
<p>
<br>
<b>
</b>
</p>
<p>b) Except in connection with the Glance ‘s willful misconduct, gross negligence and/or fraud, Glance’s total cumulative liability to Customer from all causes of action, claims and all theories of liability will be limited to direct damages only and will not, exceed the fees received by Glance corresponding to the portion of the IO spend for Surveys conducted.</p>
<p>
<br>
<b>
</b>
</p>
<p>
<b>13.
NOTICE</b>
</p>
<p>" |
|
PENDING |
docbot Bot |
| findhelp |
"</ol>
<p>IN NO EVENT WILL AUNT BERTHA (OR ITS AFFILIATES, SUBSIDIARIES, LICENSORS OR AGENTS) .
BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF AUNT BERTHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.</p>
<p>THE CUMULATIVE LIABILITY OF AUNT BERTHA (OR ITS AFFILIATES, SUBSIDIARIES, LICENSORS OR AGENTS) .
TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE TOTAL AMOUNT OF $500. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.</p>
<ol>
<li>
<strong>LOCAL LAWS.
" |
|
PENDING |
docbot Bot |
| SimpleX Chat |
"THE SIMPLEX PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE SIMPLEX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE DOLLAR ($1).
THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
" |
|
PENDING |
docbot Bot |
| Discord |
"IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, NEITHER DISCORD, ITS AFFILIATES, NOR OUR SUPPLIERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DISCORD OR ITS SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY PROVIDED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>
<p>BESIDES THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), DISCORD LIMITS OUR LIABILITY TO YOU TO THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US IN THE THREE MONTHS " |
|
PENDING |
docbot Bot |
| Unlocator |
"Consequently, please be aware that the users of your website must accept cookies in order for us to pay you your commission.</p> 3.3 Liability in relation to the Affiliate Program <p>The use of our Affiliate Program is your sole responsibility and we cannot in any way assume responsibility for your use of the Affiliate Program.</p>
<p>We expressly cannot be held liable for any indirect, special or consequential damages arising in connection with the Affiliate Program, including affiliate tracking failures, loss of database files, and any results of an intent to harm your website.
Any liability arising in relation to the Affiliate Program cannot exceed the total compensation paid or payable to you.</p>
<p>" |
|
PENDING |
docbot Bot |
| YayImages |
"Such indemnification shall only apply
to claims
for damages
directly attributable to Yay Image's breach of the warranties and representations in this
Agreement,
together with the
expenses (including reasonable attorneys' fees), arising out of or directly connected to any
valid actual
third party
lawsuit, claim, or legal proceeding alleging that the possession, distribution, or use of
unaltered Content
downloaded
and used by You pursuant to this Agreement violate Yay Image's warranties and representations
contained
herein.
This
indemnification is on the condition that You give Yay Images:
<ol>
<li>prompt written notice of any actual or threatened claim(s) known to You;</li>
<li>full information, assistance and cooperation for the defense or settlement thereof.
and
</li>
<li>at Yay Image's option, sole control of any defense, settlement or action related
thereto.</li>
<li>Yay Images shall not be responsible for any claim settled without Yay Images's consent
or any legal
fees and/or other
costs incurred prior to receiving complete notification of the claim as provided herein.
</li>
<li>Liability Cap.
Yay Image's maximum aggregate obligation and liability to You for all
claims
(assessed collectively)
under number 3 shall be limited to Twenty Five Thousand United States Dollars
(US$25,000.00) or the
total amount of the
license fees paid by You for the Content (Liability Cap).</li>
<li>Recovery of Costs.
" |
|
PENDING |
docbot Bot |
| ICanStudy |
"8.
Limitations<ol>
<li>Despite anything to the contrary, to the maximum extent permitted by law: <ol>
<li>our maximum aggregate liability arising from or in connection with the Terms (including the courses and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Fees paid by you to us for the courses or workshops the subject of the relevant claim.
and</li>
<li>we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,</li>
" |
|
PENDING |
docbot Bot |
| Telleport |
"OR EXEMPLARY DAMAGES.
YOU UNDERSTAND AND AGREE THAT Telleport LLC WILL ONLY BE LIABLE TO YOU FOR THE AMOUNT PAID FOR THE WEBSITE, PRODUCT, OR SERVICE, AND IN NO CASE WILL THAT AMOUNT EXCEED $1,000.
IF NO AMOUNT IS PAID BY YOU TO Telleport LLC, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.</p>
<p>SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES OR LIMITATIONS OF IMPLIED WARRANTIES.
" |
|
PENDING |
docbot Bot |
| LGBTQ+RIDE |
"However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Rideshare Services to Riders, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above.
Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator.
" |
|
PENDING |
docbot Bot |
| KingoFood |
"KingoFood undertakes to correct all errors in the description of the products offered on the Site, in the shortest possible time, starting from the notification of the same.
The reporting of such errors can be made by contacting KingoFood Customer Service at the addresses indicated in the introduction.</p>
<p>57.
KingoFood is not responsible in case of damages, of any kind, deriving from the use of the product in an improper way and / or not in compliance with the instructions provided by the manufacturer as well as in case of damages deriving from unforeseeable circumstances or force majeure.</p>
<p>58.
KingoFood will not be liable in the event of loss of revenues, profits, data or any other indirect damage of any nature deriving from or otherwise connected to contracts subject to the General Conditions.</p>
<p>59.
KingoFood's liability, in any case, cannot exceed the total value of the purchase order.</p>
<p>" |
|
PENDING |
docbot Bot |
| DreamWorld |
"(B) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER DEVICE, OR ANY THIRD PARTY PRODUCTS OR SERVICES.
(C) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS.
OR (D) WILL BE ACCURATE OR RELIABLE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DREAMWORLD, ANY THIRD PARTY, OR THROUGH THE SOFTWARE, SHALL CREATE ANY WARRANTY.
This paragraph will apply to the maximum extent permitted by applicable law.</p>
<p>
<br>Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DREAMWORLD BE LIABLE OR OBLIGATED, WITH RESPECT TO THESE TERMS, THE SOFTWARE (OR ANY PART THEREOF), ADD-ONS, AND ANY OTHER content, MATERIALS AND/OR SERVICES PROVIDED BY DREAMWORLD, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY AND EVEN IF DREAMWORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR OBLIGATION: (A) IN THE AGGREGATE, FOR ANY AMOUNTS IN EXCESS OF THE FEES PAID TO BY YOU TO DREAMWORLD IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR LIABILITY, OR ONE HUNDRED DOLLARS ($100.00).
" |
|
PENDING |
docbot Bot |
| IO River |
"THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.<br>
<br>
<strong>13.7 </strong>EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, IO RIVER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.<br></li>
<li>
<strong>Limitation of Liability<br>
<br>14.1 </strong>TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IO RIVER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF IO RIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.<br>
<br>
<strong>14.2 </strong>TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF IO RIVER FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, ACTUALLY PAID BY YOU TO IO RIVER FOR USING THE SITE DURING THE 3 MONTHS PRIOR TO BRINGING THE CLAIM.
IN CASE NO FEES ARE ACTUALLY PAID BY YOU TO IO RIVER THE AGGREGATE LIABILITY OF IO RIVER FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE SHALL IN NO EVENT EXCEED USD1,000 " |
|
PENDING |
docbot Bot |
| CaptchaAI |
"We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.
Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.</p>
<p>
<b>10.
No Warranties</b>
</p>
<p>To the maximum extent permitted by law, we provide the material on the Website and the Service as is.
That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.</p>
<p>
<b>" |
|
PENDING |
docbot Bot |
| mewgem |
"LIMITATION OF LIABILITY
<p> IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE Services, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $0.00 USD.
CERTAIN
US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Novo Platform |
"OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF NOVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NOVO'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).</p>" |
|
PENDING |
docbot Bot |
| StealthEX |
"OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER.
FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.</p>
<p>IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OR TO THESE TERMS EXCEED OUR FEES PAID BY YOU WITHIN 3 MONTHS IMMEDIATELY " |
|
PENDING |
docbot Bot |
| Low Level Academy |
"ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.<br>
<strong>
<strong>
<strong>
<strong>20.</strong>
</strong> </strong>LIMITATIONS OF LIABILITY</strong>
<br>IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| mynymbox |
"Mynymbox shall not be liable to the Customer for lost profits, indirect, special, or incidental consequential or punitive damages.
Notwithstanding anything else in this Agreement, the maximum aggregate liability of Mynymbox and any of its employees, agents, or affiliates, under any theory of law, shall not exceed the amount paid by the Customer for hosting services for the three months prior to the occurrence of the event(s) giving rise to the claim.</p>
</li>
<li>
<strong>" |
|
PENDING |
docbot Bot |
| MyOwnConference.com |
"The Service's liability to the User will not exceed the monetary value of the services provided to the User.<br>
<br>13.3.
" |
|
PENDING |
docbot Bot |
| HackerOne |
" The Customer agrees to pay HackerOne all fees for HackerOne’s Services and, unless otherwise set forth in an Order Form, a Rewards fee equal to twenty percent (20%) of each monetary Reward awarded to a Community Member (collectively, “<strong>HackerOne Fees</strong>”) within thirty (30) days of the date of HackerOne’s invoice unless otherwise stated on Order Form.
Except for any amounts disputed in good faith, all undisputed past due amounts will incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is less.
" |
|
PENDING |
docbot Bot |
| TechScammersUnited |
"15.
Limitation of Liability
<p>In no event will TSU, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to TSU under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| Giving Assistant |
"We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action.</p>
</li>
<li>
<p>
<strong>LIMITATION OF LIABILITY.</strong> TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL UPRIGHT DATA OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE, THE SITE, OR THE DATA PARTICIPATION NETWORK, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, UPRIGHT DATA IS FOUND LIABLE FOR ANY LOSS OR DAMAGE UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, IN NO EVENT WILL UPRIGHT DATA’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED $100 USD.
" |
|
PENDING |
docbot Bot |
| QuadraphonicQuad |
"TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, QuadraphonicQuad Home Audio Forum DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
QuadraphonicQuad Home Audio Forum DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM QuadraphonicQuad Home Audio Forum OR ITS AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
QuadraphonicQuad Home Audio Forum WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THESE WEBSITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL QuadraphonicQuad Home Audio Forum BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THAT WHICH HAS BEEN PAID, IF ANY, BY YOU TO THE COMPANY.
<br>
<br>
11.3.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| fictionate.me |
"Fictionate.me is released from all claims, demands, and damages, whether known, suspected, or disclosed, resulting from, or involving disputes between users or users and a third party related to use of Services.
FICTIONATE.ME LIABILITY.
In any event, Fictionate.me is liable for damages at the maximum total of $100 USD.
" |
|
PENDING |
docbot Bot |
| Locket Widget |
"DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE.
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
(D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
OR (E) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
" |
|
PENDING |
docbot Bot |
| Alby |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PRODUCTS AND SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We are not responsible for loss of assets due to customer error.
These include, but are not limited to, loss of recovery phrase, loss of credentials, configuring the same Products on other devices or recovering assets with existing backups.
" |
|
PENDING |
docbot Bot |
| SurveyLama |
"In any event, (i) the amount of surveylama.com 's pecuniary liability is limited to the reimbursement of the amount of the User's winnings by surveylama.com and (ii) the User may not bring into play the responsibility of surveylama.com due to any breach whatsoever under the Terms of Use, only for a period of one (1) year from the occurrence of the breach in question, which the User expressly acknowledges and accepts .</p> 17.
Force majeure 17.1.<p> " |
|
PENDING |
docbot Bot |
| Live Coin Watch |
"THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU FOR THE SERVICES.</p>
YOUR LIABILITY
<p>IF YOU CAUSE A TECHNICAL DISRUPTION TO THE SERVICES OR TO OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) " |
|
PENDING |
docbot Bot |
| Close |
"Close shall have no liability for any claims, losses, or damage caused by errors or omissions in any information you provided to Close in connection with the Services or any actions taken by Close at your direction.
Close shall have no liability for any claims, losses or damages arising out of or in connection with your or any Authorized User’s use of any third-party products, services, software, or web sites that are accessed via links from within the Services.</p>
<p></p>8.
<strong>LIMITATION OF LIABILITY</strong>
<br>
<p>A.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL CLOSE BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, DATA BREACH, OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S.
DOLLARS.
" |
|
PENDING |
docbot Bot |
| Mgi Learning |
"Limitation of Liability</strong>
</p>
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.
" |
|
PENDING |
docbot Bot |
| Fédération Internationale d'Escrime (FIE) |
"TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE FIE'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FIE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE FIE FOR ACCESS TO OR USE OF THE WEBSITE.</p>
<p>9) Applicable Law and Arbitration</p>
<p>" |
|
PENDING |
docbot Bot |
| Palgrave |
"10.5 Our total liability to you in respect of all losses and liabilities arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the amount paid by you to us in the 12 month period immediately preceding the date on which such loss or liability arose or £250, whichever is greater.</p>
<p>10.6 Without prejudice to the generality of the exclusions of liability contained in this clause 10, we shall not be liable to you if you cannot access the Site properly or at all (wholly or partly) or if some of its features are unavailable to you due to events outside our control (which shall include without limitation the performance of any internet service provider, the performance of any internet browser or limitations of the device you use to access the Site).</p>
<p>" |
|
PENDING |
docbot Bot |
| Springer |
"Springer Nature shall not be liable for any special, incidental, consequential, punitive or exemplary damages, even if it has been advised of the possibility of such damages.
Springer Nature’s liability for any and all claims under this agreement is limited to the agreed amounts actually paid by the customer at the time of the relevant purchase.</p>
<p>A.9.3  .
Customer is obliged to make regular complete backups of data produced or stored by Customer at reasonable intervals that reflect the value of such data.
" |
|
PENDING |
docbot Bot |
| Slickdeals |
"Please note that some jurisdictions do not allow disclaimers of certain warranties or exclusions, so some or all of these disclaimers and exclusions may not apply to you.</strong>
</p>
<p>
<strong>LIMITATION OF LIABILITY</strong>
</p>
<p>
<strong>To the maximum extent permitted by law, the Covered Entities shall not be liable for any direct, consequential, incidental, indirect, special, punitive or other damages (including but not limited to lost profits, business interruption or loss of business information) arising out of or related to these Terms</strong>
<br>
<strong>, the Services, any User Content</strong>
<br>
<strong> or the use of or inability to use the Services, even if we have been advised of the possibility of such damages.</strong>
<strong> If the foregoing limitation is not legally enforceable, the maximum liability of all Covered Entities collectively, for all actions arising out of or related to these Terms, the Privacy Policy, and the Services is $5.00.</strong>
<strong>" |
|
PENDING |
docbot Bot |
| Deta Space |
"No oral or written information or advice given by the Licensor or its authorized representative shall create a warranty.
Should the Licensed Application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction.</p>
<p>8.6 Limitation of Liability.
To the extent not prohibited by law, in no event shall Licensor be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Licensor has been advised of the possibility of such damages.
In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law) exceed the amount of fifty euros (€50.00).
" |
|
PENDING |
docbot Bot |
| Letterloop |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Aktivate |
"NEITHER AKTIVATE NOR ITS AFFILIATED PARTIES AND THEIR VENDORS AND LICENSORS WILL HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXAMPLARY DAMAGES, DAMAGES FOR THE LOSS OF PROFITS, GOODWILL, USE OF DATA OR BUSINESS, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AKTIVATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE LOSS OF DATA AND/OR THE USE OR INABILITY TO USE THE SERVICE.
(II) THE COST OF PROCURING SUBSTITUTE SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED.
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
OR (V) ANY OTHER MATTER RELATING TO THE SERVICES OR THE AGREEMENT.
THE TOTAL LIABILITY OF AKTIVATE AND ITS VENDORS AND LICENSORS TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR USE OF THE SERVICES IN CONNECTION WITH ANY CLAIM OR TYPE OF DAMAGE (WHETHER IN CONTRACT OR TORT) WILL NOT EXCEED THE TOTAL FEES YOU PAID, IF ANY, DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF THE EXPRESS WARRANTIES PROVIDED ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.</p>
<p>
<strong>
<br> 15. .
Termination </strong>
</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Cloaked |
"PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE CLOAKED PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, AND A DETERMINATION IS MADE THAT CLOAKED IS LIABLE, UNDER NO CIRCUMSTANCES WILL THE CLOAKED PARTIES BE LIABLE TO YOU FOR MORE THAN THE LESSER OF (A) THE AMOUNT YOU HAVE PAID CLOAKED IN THE 90 DAYS IMMEDIATELY " |
|
PENDING |
docbot Bot |
| Innover |
"(II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
OR (III) ANY OTHER MATTER RELATING TO THE EXTENSION.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PRODUCT(S) AND/OR SERVICE(S) THROUGH THE EXTENSION.
" |
|
PENDING |
docbot Bot |
| Flo Health |
"OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THIS APP.
IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NONE OF THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR CONTENT PROVIDERS, OR ANY THIRD PARTIES MENTIONED ON THE APP SHALL BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP. .
THE LAWS OF SOME STATES / COUNTRIES IMPOSE RESTRICTIONS ON LIMITING LIABILITY.
NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.
" |
|
PENDING |
docbot Bot |
| OMNY |
"THIRD PARTY PLATFORMS, THIRD PARTY SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE OMNY SERVICES.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE MTA RELEASEES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE OMNY SERVICES (INCLUDING YOUR USE OF THE SAME) EXCEED ONE HUNDRED DOLLARS ($100.00).
</li>
<li>
<strong>" |
|
PENDING |
docbot Bot |
| Character.AI |
"AI will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or damages for loss of profits including but not limited to damages for loss of goodwill, use, data or other intangible losses (even if Character.AI has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Services.
(ii) your access, use, creation of, or interaction with any Content, Character or Generations.
(iii) your sharing with any third party of any Content, Character or Generations.
(iv) unauthorized access to or alteration of your transmissions or data.
(v) statements or conduct of any third party (including users) on the Services.
or (vi) any other matter relating to the Services.
In no event will Character.AI’s total liability to you for all damages, losses or causes of action exceed the greater of: (i) $100.
or (ii) the amount you paid Character.AI (if any) in connection with your use of the Services.</p>
<p>Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the limitations set forth above may not apply to you.
If you are dissatisfied with any portion of the site or with these terms of use, your sole and exclusive remedy is to discontinue use of the Services.</p>Dispute Resolution By Binding Arbitration
<p>" |
|
PENDING |
docbot Bot |
| Landlord Studio |
"</ol>
<p>If you are due a refund of your payment for your Lifetime Membership for a reason included in these Terms or our standard User Terms we will refund you the difference between the amount you paid for your Lifetime Membership and the amount you would have been charged for the equivalent annual Membership for the period you have been a Lifetime Member.</p>
<p>If you are a business our total aggregate liability to you for all losses arising under or in connection with your contract with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount you paid for the Lifetime Membership.</p>
<p>
<strong>SCHEDULE 1 – DATA PROCESSING AGREEMENT</strong>
</p>
<p>As required by Applicable Privacy Laws, the Controller and the Processor have agreed to that the terms and conditions of this Schedule 1 (together the “<strong>DPA</strong>”) are incorporated into the Terms for the protection of the personal data that may be processed by the Processor in providing the Services.</p>
<p>
<strong>1 TERM AND TERMINATION</strong>
</p>
<p>1.1 <strong>Terms and Conditions</strong>: This DPA amends and forms part of the Terms.</p>
<p>1.2 <strong>EU Standard Contractual Clauses</strong>: The terms of the Standard Contractual Clauses will apply where the applicable transfer of Controller Personal Data is:</p>
<p>" |
|
PENDING |
docbot Bot |
| easy eda |
"Subject to the foregoing, in no event shall the liability of EasyEDA arising from the use of or lnability to use the services, regardless of the legal theory asserted for such liability, whether in contract, tort, warranty or otherwise.
You acknowledge that the amounts payable for the serives are based in part on these limitations, and you further agree that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.</b>
</p>
<p>
<br>
</p> XV.Governing Laws and Dispute Resolution <p>
Governing Laws.
" |
|
PENDING |
docbot Bot |
| Net Ease Games |
"OR CONDUCT OF ANY THIRD PARTY IN OUR SERVICES.
OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES.
SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
EXCEPT AS REQUIRED BY MANDATORY LAW, THE NETEASE ENTITIES' AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE.</p>
<p>
</p>
<br>
<p>
</p>
<p>
<b>" |
|
PENDING |
docbot Bot |
| Moxfield |
"TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND ANY PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THE SITE IS ONE HUNDRED DOLLARS ($100.00).
THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.</p>
<p>" |
|
PENDING |
docbot Bot |
| Quip |
"Limitation of Liability<p>NEITHER QUIP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING QUIP, INCLUDING OUR LICENSORS, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE QUIP OR OUR LICENSORS’ INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QUIP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>
<p>IN NO EVENT WILL QUIP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE QUIP OR TO ACCESS YOUR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO QUIP FOR USE OF QUIP " |
|
PENDING |
docbot Bot |
| iwantplay.games |
"Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.</p>
</li>
</ul>
Limitation of liability
<p>To the fullest extent permitted by applicable law, in no event will Website Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website Operator has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of Website Operator and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website Operator for the prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.</p>
" |
|
PENDING |
docbot Bot |
| Weatherauthority |
"(II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
OR (III) ANY OTHER MATTER RELATING TO THE EXTENSION.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PRODUCT(S) AND/OR SERVICE(S) THROUGH THE EXTENSION.
" |
|
PENDING |
docbot Bot |
| gamygo.com |
"Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.</p>
</li>
</ul>
Limitation of liability
<p>To the fullest extent permitted by applicable law, in no event will Website Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website Operator has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of Website Operator and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website Operator for the prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.</p>
" |
|
PENDING |
docbot Bot |
| Fuckbook |
"If an issued refund is for a recurring billing, only the most recent payment will be refunded.
A refund for a recurring billing will result in an immediate cancellation of recurring service.</p>
<p>A refund of fees for any non-recurring service(s) will result in immediate termination of access to the service(s).</p>
<p>On issuing a refund, www.fuckbookdating.net reserves the right to add the customer to the negative databases of our associated authorized billing agents, and to any third party fraud prevention agents associated with our products.</p> 8) Limitations of Liability
<p>YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THESE TERMS AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THESE TERMS.</p>
<p>" |
|
PENDING |
docbot Bot |
| Strapi |
"IN NO EVENT SHALL STRAPI BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF STRAPI KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
STRAPI'S TOTAL LIABILIY FROM YOUR USE OF THE SERVICES IS LIMITED TO US$100.00.</p>Changes<p>Strapi may make changes to the content offered on the Services at any time.
Strapi can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on those Services and notifying users accessing the Services that the Terms have been changed.
" |
|
PENDING |
docbot Bot |
| The Economist Group |
"The Economist Group expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability.
In no event will The Economist Group, its affiliates, agents, suppliers or licensors be liable for indirect, special, incidental, and/or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if The Economist Group has been advised of the possibility that such damages may arise.
The Economist Group does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.</p>
<p>In no event will any liability of The Economist Group or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by The Economist Group exceed the amount, if any, paid by you to The Economist Group for the particular Service to which the claim relates.</p>
<p>" |
|
PENDING |
docbot Bot |
| Redway Networks |
",13.2The restrictions on liability in this clause 13 apply to every liability arising under or in connection with the Contract including ,liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
,13.3Nothing in the Contract limits any liability which cannot legally be limited, including liability for: ,(a)death or personal injury caused by negligence.
,(b)fraud or fraudulent misrepresentation.
,Redway Networks Terms and Conditions (T&Cs) ,For the Supply of Goods and Services,7 ,Redway Networks Limited, Registered in England No.
9867985, VAT No.
GB 227604025,(c)breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and ,Services Act 1982 (title and quiet possession).
and ,(d)defective products under the Consumer Protection Act 1987.
,13.4Subject to clause 13.3, the Supplier's total liability to the Customer shall not exceed an amount equal to the amounts paid by ,the Customer in respect of the Goods and Services the subject of any claim.
" |
|
PENDING |
docbot Bot |
| Peergrade |
"Company’s address for Notice is: Peergrade Inc., 548 Market St #58941, San Francisco, California 94104-5401, United States of America.
The Notice must (a) describe the nature and basis of the claim or dispute.
and (b) set forth the specific relief sought (“Demand”).
We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by you or Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
provided that if our dispute is finally resolved through arbitration in your favor, Company shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Company in settlement of the dispute prior to the arbitrator’s award.</li>
<li>Fees: In the event that you commence arbitration in accordance with these Terms of Service, Company will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules.
" |
|
PENDING |
docbot Bot |
| Blindside Networks |
"If Blindside or any of the Third Parties should be found liable for any loss or damage, which arises out of or is in any way connected with any of the functions or uses of the Website, the liability of Blindside and the Third Parties will in no event exceed $20.00 CAD.</p>
<p>
<strong>10.
Indemnification</strong>
</p>
<p>" |
|
PENDING |
docbot Bot |
| Medicaleshop |
"WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.
Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
</li>
<li>Use of Information.
" |
|
PENDING |
docbot Bot |
| Simon Health |
"TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF (I) THE AMOUNT YOU HAVE PAID TO US FOR USE OF THE SERVICE, OR (II) $10.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.</p>
<p> </p>
<p>9.
Third Party Services. .
" |
|
PENDING |
docbot Bot |
| Fitbit |
"We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.</p>
<p> </p>
22.
LIMITATION OF LIABILITY
<p> </p>
<p>NEITHER FITBIT, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE FITBIT SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FITBIT SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FITBIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>
<p> </p>
<p>IN NO EVENT WILL FITBIT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FITBIT SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO FITBIT FOR USE OF THE FITBIT SERVICE " |
|
PENDING |
docbot Bot |
| Match.com |
"OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF Match HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Match'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO Match FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST Match, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL.
THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.</p>
<p>" |
|
PENDING |
docbot Bot |
| GrapheneDB |
"However, GrapheneDB does not warrant that the Services will be uninterrupted or error-free.</p>
7.
Limitation of Liability
<p>Except as specified in these Terms, the maximum liability of GrapheneDB is the amount paid to GrapheneDB by the customer within the last six months of GrapheneDB offering the Service to the customer.
" |
|
PENDING |
docbot Bot |
| coolgame.online |
"Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.</p>
</li>
</ul>
Limitation of liability
<p>To the fullest extent permitted by applicable law, in no event will Website Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website Operator has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of Website Operator and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website Operator for the prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.</p>
" |
|
PENDING |
docbot Bot |
| RapidSave |
"YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITES EXCEED $100.</li>
</ul>
<b>14.
Legal Disputes</b>
<ul>
<li>To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of Anguilla without regard to conflict of law provisions.
" |
|
PENDING |
docbot Bot |
| FamilyEcho |
"In no event shall we be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit arising from use of the Service, even if we have been advised of the possilibity of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you for the Service.</li>
<li>Any dispute involving the Service shall be governed by the laws of Tel Aviv, Israel, without regard to conflict of law provisions.</li>
<li>" |
|
PENDING |
docbot Bot |
| Viewstats |
"We do not routinely screen or monitor the Services, but we reserve the right in our sole discretion to edit or delete any information or content appearing on the Services, but we do not have the obligation to do so.</p>
<p>
<strong>LIMITATION OF LIABILITY.</strong> IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR LICENSORS, TOGETHER WITH EACH OF OUR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AGGREGATE OF THE FEES PAID BY YOU OR US FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES, OR (B) $100.
" |
|
PENDING |
docbot Bot |
| Call BlackLine |
"OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
<strong>16.4</strong> IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE OR WITH ANY OF THESE TERMS, OR FEEL CALL BLACKLINE HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE.
THE TOTAL LIABILITY OF CALL BLACKLINE TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITE OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE.
IT IS THE INTENTION OF YOU AND CALL BLACKLINE THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
<strong>" |
|
PENDING |
docbot Bot |
| Packagetrackingtab.com |
"(II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
OR (III) ANY OTHER MATTER RELATING TO THE EXTENSION.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PRODUCT(S) AND/OR SERVICE(S) THROUGH THE EXTENSION.
" |
|
PENDING |
docbot Bot |
| ezyspeedtest.com |
"(II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
OR (III) ANY OTHER MATTER RELATING TO THE EXTENSION.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PRODUCT(S) AND/OR SERVICE(S) THROUGH THE EXTENSION.
" |
|
PENDING |
docbot Bot |
| Latest Wallpapers & Custom Web Search |
"(II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
OR (III) ANY OTHER MATTER RELATING TO THE EXTENSION.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PRODUCT(S) AND/OR SERVICE(S) THROUGH THE EXTENSION.
" |
|
PENDING |
docbot Bot |
| Grammarwise.co |
"(II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
OR (III) ANY OTHER MATTER RELATING TO THE EXTENSION.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PRODUCT(S) AND/OR SERVICE(S) THROUGH THE EXTENSION.
" |
|
PENDING |
docbot Bot |
| uCool |
"WAIVERS OF LIABILITY</strong>
<br> YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE UCOOL PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.<br> YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE UCOOL PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE UCOOL PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.<br> UNDER NO CIRCUMSTANCES WILL THE UCOOL PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID UCOOL IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON " |
|
PENDING |
docbot Bot |
| quickspeedtest.net |
"Limitations of Liability
<p>WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, EQUIPMENT DOWNTIME, LOSS OF DATA, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT OUR AGGREGATE LIABILITY, HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SHALL, IN NO EVENT, EXCEED ONE DOLLAR (US$1.00).
" |
|
PENDING |
docbot Bot |
| Recycle Coach |
"We will not be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Software, any Services, or any Content, our liability shall in no event exceed CAD$250.</p>
Indemnity
<p>28.
" |
|
PENDING |
docbot Bot |
| Language Drops |
"</p>
<p>
<strong>15.
Limitation of Liability </strong></p>
<p>You acknowledge and warrant that we, our officers, employees, contractors, suppliers, affiliates, agents and licensors are not and shall not be liable to you for any damages, including but not limited to loss of profit, inaccurate results or any data, data being inaccurate, the cost of recovering any data, inability to access the Services, the cost of substitute services, claims by third parties for any damage to computers, software, modems, telephones or any other property, indirect, incidental, special, consequential or exemplary damages, even where we have been advised of the possibility of such damages. </p>
<p>We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.</p>
<p>The maximum aggregate liability of us to you in relation to any paid Premium Services (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the total amount of the Fees paid by you to us for the Premium Services in the 12 months prior to the initial action giving rise to the liability, which is an aggregate limit that will not increase according to the number of claims brought by you.
" |
|
PENDING |
docbot Bot |
| FairsandFestivals |
"ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. .
17. Limitation of Liability (a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable there from, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
" |
|
PENDING |
docbot Bot |
| Cruise Critic |
"THESE TERMS AND CONDITIONS AND FOREGOING LIABLITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.</p>
<p>If the Tripadvisor Media Group Companies are found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then the Tripadvisor Media Group Companies' liabilities will in no event exceed One-Hundred Dollars (US $100.00).</p>
<p>The limitation of liability reflects the allocation of risk between the parties.
The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
" |
|
PENDING |
docbot Bot |
| uVPN |
"17.
<strong>Limitation of Claims</strong>
<p>Where permitted by law, you and the Company agree that any cause of action arising out of or related to uVPN Services must be commenced within one (1) year after it accrues, or it is permanently barred.
Company`s total, cumulative liability to you for any damages arising out of or related to uVPN Services shall be limited to the greater of the following amounts: (i) one-hundred dollars ($100).
or (ii) the amount you paid the Company for your use of uVPN Services.</p> 18.
<strong>Dispute resolution and Jurisdiction</strong>
<p>These Terms and Conditions are governed by and construed in accordance with the laws of Hong Kong, without regard to its principles of conflicts of law.
" |
|
PENDING |
docbot Bot |
| Taskmanagertab |
"(II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
OR (III) ANY OTHER MATTER RELATING TO THE EXTENSION.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PRODUCT(S) AND/OR SERVICE(S) THROUGH THE EXTENSION.
" |
|
PENDING |
docbot Bot |
| Intezer |
"THE CONSIDERATION FOR INTEZER’S SITE TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF INTEZER AND/OR ANY INTEZER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL INTEZER’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID BY YOU TO INTEZER FOR USE OF THE SITE.
" |
|
PENDING |
docbot Bot |
| Petsies |
"</ol>
<p> The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Budsies Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure or destruction of the Website).
</p>
<p> Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
</p>
<p> EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF BUDSIES PARTIES TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND YOUR RIGHTS UNDER THIS USER AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID BUDSIES IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLY THE CLAIM(S).
PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT " |
|
PENDING |
docbot Bot |
| Ceros |
"Application programming interfaces (APIs) may not be available at all times.
To the extent permitted by law, the Subscription Service is provided “as is” without warranty or condition of any kind.
Ceros disclaims all warranties and conditions of any kind with regard to the Subscription Service, including all implied warranties or conditions of merchantability, or fitness for a particular purpose.
We disclaim all liability with respect to Third Party Products.</p>
<p>11.2.
To the extent permitted by law, in no event shall either party be liable for any indirect, punitive, or consequential damages, including lost profits or business opportunities.</p>
<p>11.3.
If, notwithstanding the other terms of this Agreement, either party is determined to have any liability to the other party or any third party, the parties agree that the aggregate liability of a party will be limited to the total amounts Customer has actually paid for the Subscription Service in the twelve month period preceding the event giving rise to a claim.</p>12.
" |
|
PENDING |
docbot Bot |
| Enerjoy |
"7.2 Limitation of Liability <p> 7.2.1.
In no event shall we (and our affiliates) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms or your use of, or inability to use, the service (including the app or content) and products, or third party ads, even if we have been advised of the possibility of such damages.
Access to, and use of, the service (including the app, content and user content), and third party ads are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting therefrom.
</p>
<p> 7.2.2.
Notwithstanding anything to the contrary contained herein, you agree that the aggregate liability of the company to you for any and all claims arising from the use of the app, content, service or products, is limited to the amounts you have paid to the company for access to and use of the service.
" |
|
PENDING |
docbot Bot |
| vigoo.fun |
"Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.</p>
</li>
</ul>
Limitation of liability
<p>To the fullest extent permitted by applicable law, in no event will Website Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website Operator has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of Website Operator and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website Operator for the prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.</p>
" |
|
PENDING |
docbot Bot |
| Therapist Aid |
"SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OR LIMITATIONS OF WARRANTIES, SO THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU IN WHOLE OR IN PART, TO THE EXTENT THAT ANY SUCH LEGAL LIMITATION APPLIES TO YOU.
</p> 9.
Limitation of Liability <p> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THERAPIST AID, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, VENDORS, AGENTS, SUBCONTRACTORS, REPRESENTATIVES, LICENSORS, OR PARTNERS (COLLECTIVELY, THE “<b>THERAPIST AID PARTIES</b>”) BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, SPECIAL, PUNITIVE, DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN ANY CASE, THE COLLECTIVE LIABILITY OF THE THERAPIST AID PARTIES UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, " |
|
PENDING |
docbot Bot |
| Insure My Car |
"Insure My Car disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose or non-infringement of the rights of others.
We do not warrant that the Site will be free of errors or viruses, worms or other destructive or harmful code.</p> Limitation Of Liability <p>In No Event Shall Quotelab or Any of Our Directors, Officers, Employees, Agents, Affiliates, or Content or Service Providers (Collectively, the "Protected Entities") Be Liable for Any Direct, Indirect, Special, Incidental, Consequential, Exemplary or Punitive Damages Arising From, or Directly or Indirectly Related to, the Use of, or the Inability to Use, the Site and the Services Offered Hereby, or the Content, Materials and Functions Related Thereto, Including, Without Limitation, Loss of Revenue, Even if Advised of the Possibility of Such Damages.
In No Event Shall Our Total Liability to You for All Damages, Losses, and Causes of Action (Whether in Contract, Tort (Including, but Not Limited to, Negligence, or Otherwise) Exceed Five Dollars ($5.00).
The Above Limitation May Not Apply in All Jurisidictions or to All Users.
" |
|
PENDING |
docbot Bot |
| TealHq |
"<br>TEAL’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF: (1) THE AMOUNT OF FEES PAID BY YOU TO TEAL DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION).
OR (2) $100.<br>
<br><strong>INDEPENDENT INVESTIGATION</strong>.
<br>YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SERVICE AND THE POSSIBLE RISKS INVOLVED IN USING THE SERVICE.
" |
|
PENDING |
docbot Bot |
| NotCommon |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Story Planner |
"This includes circumstances such as so-called 'Acts of God', strikes, equipment failure and anything else we cannot reasonably be expected to have control over.
We will always try to notify you about such problems.
</li>
<li>
<strong>Limit of liability:</strong> We make no guarantees about our templates or the success of using them, and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it or our services, whether express or implied (except where set out in these Terms).
We will not be liable to you for any loss of profit, or any indirect or consequential loss arising under or in connection with our services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with our Website or our services.
For any other loss you suffer that is caused by us, we limit the liability we have to you to the total money you spent on our services in the 12 calendar months before the event giving rise to the claim.
</li>
<li>Nothing in our Terms exclude or limit our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.</li>
</ol> 9.
" |
|
PENDING |
docbot Bot |
| getdewey |
"We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.</p> 10.
Limitation of Liability <p>IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services or (B) $500.00.</p> 11.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER - IMPORTANT - PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS <p>a.
Arbitration.
" |
|
PENDING |
docbot Bot |
| CB.click |
"SERVICES DUE TO MALFUNCTION(S) IN EQUIPMENT, INFRASTRUCTURE, SYSTEM, OR THE NETWORK USED BY CUSTOMER.
OR (VIII) AMOUNTS FOR ALL CLAIMS HEREUNDER IN THE AGGREGATE IN EXCESS OF €100.00.</p> Copyright Policy <p>It is CB.click’s policy to block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users.
and remove and discontinue service to repeat offenders.</p>
<p>" |
|
PENDING |
docbot Bot |
| Ezy Photo Tab & Custom Web Search |
"(II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
OR (III) ANY OTHER MATTER RELATING TO THE EXTENSION.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PRODUCT(S) AND/OR SERVICE(S) THROUGH THE EXTENSION.
" |
|
PENDING |
docbot Bot |
| Collectly |
"NON-INFRINGEMENT.</p>7.
Limitation of liability<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS.
(B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
(C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL.
OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>8.
" |
|
PENDING |
docbot Bot |
| Tribler |
"15.
Limitation of Liability
<p>In no event will company_short_name, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages.
(ii) the cost of procurement for substitute products or services.
(iii) for interruption of use or loss or corruption of data.
or (iv) for any amounts that exceed the fees paid by you to company_short_name under this agreement during the twelve (12) month period prior to the cause of action.
" |
|
PENDING |
docbot Bot |
| optionish.com |
"FURTHERMORE, IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE OR LIABLE FOR THE CONTENT, COMPLETENESS, ACCURACY OR LEGALITY OF INFORMATION OR MATERIAL DISPLAYED IN CONNECTION WITH OR ARISING OUT OF OUR SITE OR ANY CESSATION, INTERRUPTION OR DELAY IN THE PERFORMANCE OF OUR SITE FOR ANY REASON INCLUDING, WITHOUT LIMITATION, CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS EARTHQUAKE, FLOOD, FIRE, STORM OR OTHER NATURAL DISASTER, ACT OF GOD, LABOR CONTROVERSY OR THREAT THEREOF, CIVIL DISTURBANCE OR COMMOTION, ACT OF TERRORISM, DISRUPTION OF THE PUBLIC MARKETS, WAR OR ARMED CONFLICT OR THE INABILITY TO OBTAIN SUFFICIENT MATERIAL, SUPPLIES, LABOR, TRANSPORTATION, POWER OR OTHER ESSENTIAL COMMODITY OR SERVICE REQUIRED IN THE CONDUCT OF BUSINESS INCLUDING INTERNET ACCESS, OR ANY CHANGE IN OR THE ADOPTION OF ANY LAW, ORDINANCE, RULE, REGULATION, ORDER, JUDGMENT OR DECREE.
OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR CONNECTED TO OUR SITE SHALL IN NO EVENT EXCEED $100.</p> 8.
General Provisions <p>We reserve the right at any time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice.
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.</p>
<p>If any provision of these terms of use, for any reason, be declared void, illegal, invalid, or unenforceable in whole or in part, such provision will be severable from all other provisions herein and will not affect or impair the validity or enforceability of any other provision of these terms of use.
provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable.</p>
<p>" |
|
PENDING |
docbot Bot |
| Flighttabpro |
"(II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
OR (III) ANY OTHER MATTER RELATING TO THE EXTENSION.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PRODUCT(S) AND/OR SERVICE(S) THROUGH THE EXTENSION.
" |
|
PENDING |
docbot Bot |
| SearchQuarry.com |
"NEITHER SEARCH QUARRY, LLC, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, NOR SEARCH QUARRY, LLC'S THIRD-PARTY DATA PROVIDERS, WILL BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES, (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF ANY INFORMATION MADE AVAILABLE VIA THE SERVICES, OR (III) ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY SEARCH QUARRY, LLC'S ACTS OR OMISSIONS IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING, OR DELIVERING THE SERVICES.
THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.
</p>
<p>
OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF THE SERVICES WILL IN NO EVENT EXCEED FIVE HUNDRED US DOLLARS ($500.00).
</p> " |
|
PENDING |
docbot Bot |
| Backgroundalert.com |
"IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON PROVIDER OR ANY THIRD PARTIES, THEN USER AGREES THAT THE AGGREGATE LIABILITY OF PROVIDER AND PROVIDER'S THIRD PARTY SUPPLIERS FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF PROVIDER OR SUCH THIRD PARTY SUPPLIERS IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE OF THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE LESSER OF THE FEES ACTUALLY PAID BY USER TO PROVIDER FOR THE INFORMATION TO WHICH A GIVEN CLAIM RELATES AND ONE HUNDRED DOLLARS ($100).</p>Term of Agreement &.
" |
|
PENDING |
docbot Bot |
| Mux |
"ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IN ADDITION, COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND FOR ACTIONS OF COMPANY'S AFFILIATES, SERVICE PROVIDERS, OR AGENTS.</p>
<p><strong>10. MONETARY LIABLITY CAP.</strong> IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE, TOOLS, ANALYTICS DATA, SERVICE, OR THESE TERMS, WHETHER FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY EXCEED THE AMOUNTS ACTUALLY PAID TO COMPANY IN THE PRIOR THREE MONTHS " |
|
PENDING |
docbot Bot |
| Privacy Pros |
"<br>
<br> Capacity, Liability and Governing Law:
<br>
The person signing below for Client represents that he or she is over the age of 18, has Client authority and legal capacity to agree on behalf of Client, and that the information provided by Client is true, accurate and up to date, and that Client will comply at all times with the terms set forth and applicable law.
In the event of dispute or legal action, the maximum liability of Service Provider to Client shall not exceed the amount paid by Client for service.
Client agrees to indemnify, defend and hold harmless Service Provider from and against all claims, liabilities, damages, losses that such parties may incur as a result of Client’s violation or breach of any representation or obligation under this Agreement.
" |
|
PENDING |
docbot Bot |
| PaperKarma |
"OR (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE APPS, THE SERVICES, ANY BETA FEATURE OR ANY PAPERKARMA CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE FOREGOING DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.Limitation of Liability in Certain States CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.
" |
|
PENDING |
docbot Bot |
| TapTopGames |
"Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.</p>
</li>
</ul>
Limitation of liability
<p>To the fullest extent permitted by applicable law, in no event will Website Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website Operator has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of Website Operator and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website Operator for the prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.</p>
" |
|
PENDING |
docbot Bot |
| Spothero |
"ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE, (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE SITE, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.</p>
<p>
<strong>LIMITATION OF LIABILITY:</strong> SPOTHERO, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF SPOTHERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF, RELIANCE ON OR INABILITY TO USE THE SITE OR THE CONTENT OR MARKETING SERVICES PROVIDED ON OR RECEIVED FROM THE SITE.
PLEASE NOTE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPOTHERO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF (1) THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO SPOTHERO FOR USE OF THE SERVICES OVER THE PRIOR YEAR.
" |
|
PENDING |
docbot Bot |
| Rehold |
"retrieve any data from, or otherwise perform any other activities on or through Rehold' Websites or Mobile Apps using any type of software or other automated process (e.g.t scripts, robots, scrapers, crawlers, or spiders).</li>
<li>Except where otherwise inapplicable or prohibited by law, including the state of New Jersey, Rehold and its third party information providers do not warrant the accuracy, completeness, timeliness, currentness.
merchantability or fitness for a particular purpose of Rehold Products.
Rehold and its third party information providers shall not be liable for, and End User agrees not to sue for, any claim relating to Rehold' procuring, compiling, collecting, Interpreting, reporting, communicating, or delivering Rehold Products.</li>
<li>Rehold may audit End User's use of Rehold Products.
End User agrees to cooperate and to provide Rehold all documentation reasonably requested relating to End User's account.</li>
<li>Rehold' and Its third party information providers' entire liability to End User ls limited to money damages not exceeding one hundred dollars $100.
" |
|
PENDING |
docbot Bot |
| True People Search |
"LIMITATION OF LIABILITY<br>THE LIABILITY OF TruePeopleSearch AND ITS LICENSORS AND SUPPLIERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL TruePeopleSearch OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO TruePeopleSearch OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES.
THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
ADDITIONALLY, THE MAXIMUM LIABILITY OF TruePeopleSearch AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES SHALL BE $50.00.
" |
|
PENDING |
docbot Bot |
| Searchbug |
"Customer is solely responsible for accurately filling out order form(s) as well as selecting the appropriate search request.
Searchbug cannot be held responsible for typos or mistakes given in the ordering information entered by customer.
Because all orders are processed immediately, we are unable to accommodate cancellation requests once an order has been submitted and information has been obtained.</li>
</ol>
<p>
</p>
</li>
<li>
<b>Limited Liability</b>.
Searchbug shall not be liable to Customer (or to any person claiming through Customer to whom Customer may have provided data from the Searchbug Services) for any loss or injury arising out of or caused in whole or in part by Searchbug acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the Searchbug services.
If, notwithstanding the foregoing, liability can be imposed on Searchbug, then Customer agrees that Searchbug's aggregate liability for any and all losses or injuries arising out of any act or omission of Searchbug in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00.
Customer covenants and promises that it will not sue Searchbug for an amount greater than such sum even if Customer and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against Searchbug.
<p>
</p>
</li>
<li>
<b>Indemnification</b>.
" |
|
PENDING |
docbot Bot |
| Micro.blog |
"IN NO EVENT SHALL MICRO.BLOG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY CAUSED BY MICRO.BLOG) EXCEED THE GREATER OF: (i) THE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT (IF ANY) IN THE 12 MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (ii) $500.00.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.</li>
<li>
<strong>Disputes Among Users.</strong> Micro.blog reserves the right, but has no obligation, to monitor disputes between Users.
" |
|
PENDING |
docbot Bot |
| TapMyBio |
"Limitation Of Liability <p>You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.<br>
<br> In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.<br>
<br> You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
You must not assign or otherwise dispose of your account to any other person.<br>
<br> Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.</p> " |
|
PENDING |
docbot Bot |
| Cue Galatyn Station |
"EXCEPT TO THE EXTENT THE FOLLOWING LIMITATIONS ARE NOT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, UNDER ANY LEGAL THEORY, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR OTHERWISE FOR ANY LOSS OR DAMAGES CAUSED BY USE OF, OR RELIANCE ON, OR INABILITY TO USE OR ACCESS, OR DELAYS IN, OR INACCURACIES OR ERRORS OR DEFECTS OR OMISSIONS IN THE WEBSITE OR CONTENT, INCLUDING, BUT NOT LIMITED, TO ANY LOST PROFITS, SAVINGS OR DATA, OR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, RESULTING FROM ANY CAUSE WHATSOEVER, BY YOU OR ANY OTHER THIRD PARTY, EVEN IF FORESEEABLE OR IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY DOWNTIME, LOSS OR DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, OR OTHER PROPERTY RESULTING IN ANY WAY FROM OR ASSOCIATED WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO USE OR ACCESS, THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS OF USE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.</p>
<p>IN RESPECT OF ANY CONDITIONS, WARRANTEES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER STATUTE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY IS LIMITED (AT OUR OPTION) TO THE REPLACEMENT, REPAIR OR RESUPPLY OF THE RELEVANT GOODS OR THE RESUPPLY OR REFUND OF THE COST OF RELEVANT SERVICES.</p>
<p>
<strong>5.
Intellectual Property</strong>
</p>
<p>The Website, including the design of the Website and Content, are the property of 2305 Plaza (TX) Owner LP
, our affiliates, and/or to a service provider or other third parties and are protected by copyright and other domestic and international intellectual property laws.
" |
|
PENDING |
docbot Bot |
| Turboconverter.co |
"(II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
OR (III) ANY OTHER MATTER RELATING TO THE EXTENSION.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PRODUCT(S) AND/OR SERVICE(S) THROUGH THE EXTENSION.
" |
|
PENDING |
docbot Bot |
| Categorizr |
"OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MVI IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $50.</p>
<p>The Services may be controlled and operated from facilities in the United States.
We make no representations that the Services are appropriate or available for use other than in Canada.
Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Canadian and local laws and regulations, including but not limited to export and import regulations.
" |
|
PENDING |
docbot Bot |
| Kommo |
"No advice or information, whether oral or written, obtained by you from us through the site, services or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.</p>
<p>All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.</p> Limitation Of Liability <ol>
<li>We and any affiliated party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the site or any services or products obtainable therefrom, (2) the unavailability or interruption of the site or services or any features thereof, (3) your use of the site or services, (4) the content contained on the site or services, (5) any loss or disclosure of information from you or your company or (6) any delay or failure in performance beyond the control of a covered party.</li>
<li>The sole and entire maximum liability of qsoft, for any reason, and buyer's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the customer for the particular items purchased.</li>
</ol>
<p>QSOFT and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.</p>
<p>" |
|
PENDING |
docbot Bot |
| Clickadu |
"You acknowledge that every case of violation of the terms of this Agreement will lead to material and business standing losses of Clickadu in the amount of at least US $ 1,000.
Therefore, we reserve the right to recover damages caused by the specified amount, or the amount of actually incurred losses, in the event of your breach of contract.
" |
|
PENDING |
docbot Bot |
| Apollo Global Management |
"We are not responsible for any typographical errors or omissions.
To the fullest extent permissible pursuant to applicable law, apollo and its affiliates disclaim any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and fitness for a particular purpose.</p>
<p> </p>
<p>To the fullest extent permitted by applicable law, apollo and its affiliates shall not be liable in any respect for any damages whatsoever arising from use or inability to use the sites or materials contained therein (including without limitation, special or consequential damages, lost profits, damages arising from lost data or business interruption, or liability in relation to errors or omissions in any information or materials or the use or interpretation by others of such information or materials), whether based on warranty, contract, tort (including negligence) or any other legal theory, even if apollo, its affiliates or their authorized representatives have been advised of the possibility of such damages.
Without limiting, and in addition to the foregoing, in no event shall the total liability (if any) of apollo and its affiliates to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed in the aggregate the amount paid by you to apollo, if any, for your access to the sites.
" |
|
PENDING |
docbot Bot |
| Dollar General Corporation |
"INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF DOLLAR GENERAL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DOLLAR GENERAL UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100), UNLESS PROHIBITED BY LAW.</b>
</p>
<p>
<b>" |
|
PENDING |
docbot Bot |
| Sprouts Farmers Market |
"HOWEVER AND WHEREVER ARISING, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A SPROUTS PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE DAMAGE OR LOSS.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE TOTAL LIABILITY OF THE SPROUTS PARTIES UNDER THESE TERMS OR REGARDING THE WEBSITE EXCEED ONE HUNDRED DOLLARS ($100), EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF CERTAIN DAMAGES SO SOME OF THE FOREGOING MAY NOT APPLY TO YOU.
" |
|
PENDING |
docbot Bot |
| notetracks |
"<br>
<br>OUTSIDE OF THE ABOVE, THE ACCOUNT OWNER AGREES THAT NOTETRACKS MAY CONTINUE CHARGING THE ACCOUNT OWNER FOR ANY USE OF PAID SERVICES UNDER THE ACCOUNT UNLESS THE ACCOUNT HAS BEEN TERMINATED.<br>
<br>If the amount to be charged to the Account varies from the amount preauthorized (other than due to the imposition or change in the amount of provincial, state or any other VAT or sales taxes), the Account Owner has the right to receive, and Notetracks shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction.
" |
|
PENDING |
docbot Bot |
| Mer-Maid |
"Termination &.
Cancellation
<br>We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases.
Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case we are not required to provide any refund or other compensation whatsoever.</p>
<p>Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.</p>
<p>SEE SECTION 27 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 24.</p>
<p>" |
|
PENDING |
docbot Bot |
| Acast |
"NO GUARANTEE THAT SUCH INSIGHTS DATA IS ERROR-FREE.</p>
<p>13.4 YOU SHOULD ALWAYS PRESERVE BACK-UP COPIES OF ANY PODCAST AUDIO FILES, PUBLICATIONS OR OTHER CONTENT OR DATA THAT YOU UPLOAD TO THE PLATFORM.
ACAST IS NOT RESPONSIBLE FOR ANY LOSS OF PODCAST AUDIO FILES, PUBLICATION OR OTHER CONTENT OR DATA UPLOADED BY YOU TO THE PLATFORM.</p>
<p>13.5 TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL ACAST BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, CONTRACTS, BUSINESS, REPUTATION OR GOODWILL, PROFITS, DATA OR BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SERVICES, YOUR USE OR INABILITY TO USE THE SERVICES OR FAILURE OF THE PLATFORM AND/OR THE PLATFORM SERVICES.
IN NO EVENT SHALL ACAST TOTAL LIABILITY HEREUNDER EXCEED AN AMOUNT CORRESPONDING TO THE SUBSCRIPTION PLAN FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM FOR COMPENSATION HEREUNDER.</p>
<p>13.6 " |
|
PENDING |
docbot Bot |
| VaxAssist |
"By using the VaxAssist Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
</p>Limitation of Liability<p> TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PFIZER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE VAXASSIST SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) EVEN IF PFIZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Pfizer's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00).
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
</p>" |
|
PENDING |
docbot Bot |
| PrivacyTools |
"Neither the company nor its suppliers will be liable to you for breach-of-contract damages their personnel could not have reasonably foreseen when you agreed to these terms.</p>
<p>As far as the law allows, the total liability to you for claims of any kind that are related to the service or content on the service will be limited to $50.</p>
" |
|
PENDING |
docbot Bot |
| Hacker News |
"OR CONDUCT OF ANY THIRD PARTY (INCLUDING USERS) ON THE SITE.
OR (IV) ANY OTHER MATTER RELATING TO THE SITE.
IN NO EVENT WILL Y COMBINATOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| ExpressVPN |
"In the event that ExpressVPN is the respondent in any such arbitration, damages awarded against ExpressVPN may not exceed the amount you have paid ExpressVPN for use of the Service.</p>
<p>The Arbitrator shall have the authority to grant any temporary, preliminary, or injunctive relief in a form substantially similar to that which would otherwise be granted by a court of law.
" |
|
PENDING |
docbot Bot |
| Free Code Camp |
"Limits on Liability<p>The company will not be liable to you for breach-of-contract damages company personnel could not have reasonably foreseen when you agreed to these terms.</p>
<p>As far as the law allows, the company’s total liability to you for claims of any kind that are related to the website or content on the website will be limited to $50.</p>" |
|
PENDING |
docbot Bot |
| TinEye |
"8.
Limitation of Liability <p>IDÉE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE TINEYE API, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT IDÉE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL IDÉE'S AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Yandex |
"(ii) reliance on Content or any information available at the Site or through the Services.
(iii) actions undertaken under your account, including, but not limited to, in the event of unauthorized access to your account, data or Content.
(iv) any other matter associated with Content, the Site or the Services.
In all cases Yandex, Company and Partners are not liable for any loss or damage that is not reasonably foreseeable.</p>
<p>8.4.
In the event law of specific jurisdiction applicable to limitation or exclusion of liability of Yandex, Company and Partners and their distributors, officers, employees, agents, partners and licensors under this Section 8 does not permit certain types of exclusion of warranties or liability, to the extent permitted by applicable law, total liability of Yandex, Company, Partners and their distributors, officers, employees, agents, partners and licensors under any grounds shall be limited to the amounts paid by you for Content, access to the Site or use of the Services or, at the discretion of Yandex, Russian Company and/or Partners, your exclusive remedy shall be provision of the Services to you again.</p> 9.
Modification, Limitation and Termination of the Site and the Services <p>9.1.
" |
|
PENDING |
docbot Bot |
| tawk.to |
"DAMAGES OF ANY KIND OR NATURE INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, CHANGES TO, INACCESSIBILITY OR INABILITY TO USE THE TAWK.TO WEB SITE OR SERVICES, THE TAWK.TO SOFTWARE, ANY DATA, OR PAID SEARCH ENGINE WEB SITE OR INTERFACE.
OR THE UNAUTHORIZED ACCESS TO, FAILURE, DELAY OR ALTERATION OF ANY DATA OR TRANSMISSION.
ANY DATA STORED, SENT OR RECEIVED OR NOT STORED,SENT OR RECEIVED.
ANY AGREEMENT OR TRANSACTION ENTERED INTO AS A RESULT OF YOUR USE OF THE TAWK.TO WEB SITES OR SERVICES OR THROUGH THE TAWK.TO WEB SITES AND SERVICES.
ANY DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEB SITES OR SERVICES WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TAWK.TO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL TAWK.TO’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00).
BECAUSE SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH TERRITORIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF THE TAWK.TO WEB SITES AND SERVICES.
" |
|
PENDING |
docbot Bot |
| BitTorrent |
"Limitation of Liability</strong>
<ol>
<li>IN NO EVENT SHALL BITTORRENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF BITTORRENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS.
NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE BITTORRENT’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF BITTORRENT OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.<br>
</li>
<li>BITTORRENT’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100) OR THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICE, WHICHEVER IS LARGER.
" |
|
PENDING |
docbot Bot |
| EVE Online |
"The System may become unavailable for a number of reasons, including without limitation during the performance of maintenance to the System, for the implementation of new software, for emergency situations and due to equipment or telecommunications failures.</p>
</li>
<li> DISCLAIMER OF DAMAGES <p> In no event shall CCP, its affiliates, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost data), arising out of or in connection with your Account, the System, Software, Game, Game Content, User Content, EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not CCP is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.</p>
</li>
<li> LIMITATION OF LIABILITY <p> Except as set forth below, CCP's maximum liability for any and all claims arising out of or in connection with your Account, the Software, System, Game, Game Content, User Content, EULA, and any other services or materials provided in connection therewith, shall not exceed an amount equal to the value of one (1) month's subscription fees.</p>
<p> " |
|
PENDING |
docbot Bot |
| LegalZoom |
"Abandoned orders will result in liquidated damages equal to the amount paid to LegalZoom for reimbursement of our commitment to service this order.</p>
<p>
<strong>15.
Exchanges.</strong> " |
|
PENDING |
docbot Bot |
| Mailchimp |
"It’s important to note that this Section 21 isn’t meant to provide a comprehensive summary of the Export Control Laws that govern Mailchimp, the Service, or the Software.
You’re downloading and using the Software at your own risk, and it’s your responsibility to consult with a legal advisor to make sure your use of the Service and the Software complies with applicable laws.</p> Liability 22.
Limitation of Liability
<p>
<strong>To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Mailchimp Site.
(ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.
and (iii) in any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.</strong>
</p>
<p>
<strong>For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.</strong>
</p>
23.
No Warranties
<p>
<strong>To the maximum extent permitted by law, we provide the Service as-is.
This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied.
This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement.
" |
|
PENDING |
docbot Bot |
| Encyclopedia Britannica |
"AND (ii) FOR ANY DAMAGES, LOSSES AND/OR CAUSES OF ACTION EXCEEDING ONE THOUSAND U.S.
DOLLARS (US $1,000) IN THE AGGREGATE.
</p>
<p>SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.</p>
<p>
<b>Indemnification</b>.
" |
|
PENDING |
docbot Bot |
| United States Postal Service |
"ALL WARRANTIES , EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE POSTAL SERVICE DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE OR THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES.</p>
<p>Under no circumstances, including but not limited to negligence, will the Postal Service be liable for special or consequential damages that result from the use or inability to use the materials in this site.
In no event shall the Postal Service's liability to a user for any loss, damage or claim exceed the amount paid by the user for accessing this site.</p>
<p>The Postal Service offers links to, and listings of, various third-party Web sites for the convenience of its customers, and, unless otherwise expressly indicated, no affiliation between the Postal Service and an entity linked to or listed is intended.
Except where indicated, the Postal Service does not endorse any company or product not offered by the Postal Service including the advertisers on linked Web sites or on the web sites of listed entities.
When linking to such third-party sites, the Postal Service follows Web-linking and exit page guidelines as set forth in USPS Management Instruction AS-885.
" |
|
PENDING |
docbot Bot |
| 420A3.com |
"LIMITATION ON LIABILITY</strong>
</p>
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 420A3.com (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 420A3.com's (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID 420A3.com IN THE PRIOR 12 MONTHS (IF ANY).
THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Politics & War |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
" |
|
PENDING |
docbot Bot |
| Condé Nast |
"WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ORNARISING OUT OF THE AGREEMENT, THE SERVICE, CONTENT, THE SALE, PURCHASE, RECEIPT, USE OR MISUSE OF ANY PRODUCT, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE SERVICE OR ANY CONTENT OR PRODUCT, INCLUDING DAMAGE TO YOUR DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, CONTENT OR PRODUCTS, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE, CONTENT OR ANY OF THE PRODUCTS AVAILABLE ON OR THROUGH THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
" |
|
PENDING |
docbot Bot |
| Avast |
"TO THE FULL EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCES WILL ANY MEMBER OF VENDOR GROUP OR ANY VENDOR PARTNER’S TOTAL AGGREGATE LIABILITY FOR ALL LOSS OR DAMAGE TO YOU OR ANY THIRD PARTY ARISING FROM OR RELATING TO ANY SOLUTION, THE SUBSCRIPTION OR THIS AGREEMENT EXCEED THE GREATER OF: (I) FIVE U.S.
DOLLARS (US$5.00).
AND (II) THE AMOUNT OF THE SUBSCRIPTION FEES YOU HAVE PAID FOR THE IMMEDIATELY PRECEDING 12 MONTHS OF THE SUBSCRIPTION PERIOD.
</p>
<p> 6.5.
THE EXCLUSIONS AND LIMITATIONS OF LIABILITY OF MEMBERS OF THE VENDOR GROUP AND VENDOR PARTNERS CONTAINED IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE THEIR POTENTIAL LIABILITY FOR: </p>
<p>6.5.1.
DEATH, PERSONAL INJURY, DAMAGE TO TANGIBLE PROPERTY OR FRAUD BEYOND THE EXTENT PERMITTED BY APPLICABLE LAWS.
AND</p>
<p>" |
|
PENDING |
docbot Bot |
| MacUpdate |
"YOU DOWNLOAD USING THE SOFTWARE.
YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING AND USING THE SOFTWARE.
CLARIO STRONGLY RECOMMENDS YOU PERFORM A VIRUS CHECK OF ALL SOFTWARE BEFORE INSTALLATION OR USE.</p>LIMITATION OF LIABILITY<p>YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CLARIO NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS, AND/OR CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF MACUPDATE OR OTHERWISE IN CONNECTION WITH THIS LICENSE.
IN ALL CASES, CLARIO’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY " |
|
PENDING |
docbot Bot |
| Mailgun |
"In addition, you agree that Mailgun may disclose message routing data to third parties in aggregate statistical form, provided that Mailgun does not include any information that could be used to identify you.</p>
<p>8.3 Usage Data.
Mailgun collects and stores information related to your use of the Services, such as use of the Website, API, SMTP and filtering choices and usage.
You agree that Mailgun may use this information for our general business purposes and may disclose the information to third parties in aggregate statistical form, provided that Mailgun does not include any information that could be used to identify you.</p>
<p>
<strong>9.
LIMITATIONS ON DAMAGES </strong>
</p>
<p>9.1 Direct Damages.
Notwithstanding anything in the Agreement to the contrary, except for liability arising from death or personal injury caused by negligence, willful misconduct, fraudulent misrepresentation or any other loss or damages for which such limitation is expressly prohibited by applicable law, the maximum aggregate monetary liability of Mailgun and any of its Representatives in connection with the Services or the Agreement under any theory of law shall not exceed the total amount paid for the Services that are the subject of the claim in the twelve months immediately preceding the event(s) that gave rise to the claim.</p>
<p>9.2 Indirect Damages.
Neither party (nor any of our Affiliates or Representatives) is liable to the other for any indirect, special, incidental, exemplary or consequential loss or damages of any kind.
" |
|
PENDING |
docbot Bot |
| Security First |
"We also do not accept any liability or responsibility for any loss (howsoever caused) arising out of or in connection with: (a) any damage to your device, or (b) any reliance placed on any content displayed on the App.</p>
<p>Our maximum liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £10.</p>
<p>Nothing in these Terms will limit or exclude our liability for: (a) death or personal injury resulting from our negligence, (b) fraud or fraudulent misrepresentation, and/or © any other liability that cannot be excluded or limited by applicable law.
" |
|
PENDING |
docbot Bot |
| BlackBoard |
"ON, THROUGH, OR ASSOCIATED WITH THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
(iii) ANY CONTENT OBTAINED FROM THE PRODUCTS.
OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.</p>
<p>IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BLACKBOARD ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S.
DOLLARS (U.S.
$100.00) OR THE AMOUNT YOU PAID BLACKBOARD, IF ANY, IN THE PAST SIX MONTHS FOR THE PRODUCTS GIVING RISE TO THE CLAIM.</p>
<p>THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BLACKBOARD ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.</p>
<p>FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO " |
|
PENDING |
docbot Bot |
| ello |
"To the fullest extent permitted by applicable law, Ello and the Released Parties make no representations or warranties whatsoever, express or implied, regarding the Creative Brief, including without limitation any:</p>
<p>a.
warranty of merchantability;</p>
<p>b.
warranty of fitness for a particular purpose.
or</p>
<p>c.
warranty against infringement of intellectual property rights of a third party.</p>
<p>To the fullest extent permitted by applicable law the Released Parties accept no liability to you or any third-party for any loss of use, revenue, profit, data, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advice of the possibly of such damage, and notwithstanding the failure of any agreed or other remedy of its essential purpose.</p>
<p>The sole and exclusive maximum liability of the Released Parties for all damages, losses and causes of action related to the Creative Brief shall be one hundred dollars (US$100).</p>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| Future PLC |
"If Future is liable to you directly or indirectly in relation to this Website, any other Future Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other Future Site or Server or Third Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for Future granting you membership to this Website or any other Future site.
Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of Future or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.
This Website is controlled and operated by Future plc from its offices in the UK.
" |
|
PENDING |
docbot Bot |
| Sony |
"SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SONY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
General Provisions</p>
<p> </p>
<p>" |
|
PENDING |
docbot Bot |
| Linksys |
"AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY A MUTUALLY AGREEABLE NATIONALLY RECOGNIZED ARBITRATION AUTHORITY PURSUANT TO ITS CODE OF PROCEDURES THEN IN EFFECT FOR CONSUMER-RELATED DISPUTES.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE HAD A RIGHT TO LITIGATE A DISPUTE THROUGH A COURT BEFORE A JURY OR JUDGE, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.</p>
<p>
<strong>
<u>ARBITRATION PROCEDURES AND FEES</u>
</strong>.
THE ARBITRATION SHALL OCCUR BEFORE A SINGLE ARBITRATOR, WHO MUST BE A RETIRED JUDGE OR JUSTICE, IN ONE OF SIX REGIONAL VENUES CONSISTENT WITH THE VENUE PROVISION BELOW.
WHETHER OR NOT YOU PREVAIL IN THE DISPUTE SO LONG AS YOUR CLAIM IS NOT FOUND TO BE FRIVOLOUS BY THE ARBITRATOR AS MEASURED BY RULE 11(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE, YOU SHALL BE ENTITLED TO BE REIMBURSED FOR YOUR COSTS OF ARBITRATION, WITHIN THE SOLE DISCRETION OF THE ARBITRATOR.
IF THE ARBITRATION AWARD IS EQUAL TO OR GREATER THAN THE AMOUNT YOU DEMANDED IN YOUR ARBITRATION CLAIM, BELKIN WILL PAY FOR YOUR REASONABLE AND ACTUAL ATTORNEYS’ FEES YOU HAVE INCURRED TO ARBITRATE THE DISPUTE, PLUS A MINIMUM RECOVERY OF $2,500.
ANY DECISION OR AWARD BY THE ARBITRATOR RENDERED IN AN ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING ON EACH PARTY, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
IF EITHER PARTY BRINGS A DISPUTE IN A COURT OR OTHER NON-ARBITRATION FORUM, THE ARBITRATOR OR JUDGE MAY AWARD THE OTHER PARTY ITS REASONABLE COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) " |
|
PENDING |
docbot Bot |
| Neena |
"OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. " |
|
PENDING |
docbot Bot |
| Belkin |
"AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY A MUTUALLY AGREEABLE NATIONALLY RECOGNIZED ARBITRATION AUTHORITY PURSUANT TO ITS CODE OF PROCEDURES THEN IN EFFECT FOR CONSUMER-RELATED DISPUTES.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE HAD A RIGHT TO LITIGATE A DISPUTE THROUGH A COURT BEFORE A JURY OR JUDGE, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.</p>
<p>
<strong>
<u>ARBITRATION PROCEDURES AND FEES</u>
</strong>.
THE ARBITRATION SHALL OCCUR BEFORE A SINGLE ARBITRATOR, WHO MUST BE A RETIRED JUDGE OR JUSTICE, IN ONE OF SIX REGIONAL VENUES CONSISTENT WITH THE VENUE PROVISION BELOW.
WHETHER OR NOT YOU PREVAIL IN THE DISPUTE SO LONG AS YOUR CLAIM IS NOT FOUND TO BE FRIVOLOUS BY THE ARBITRATOR AS MEASURED BY RULE 11(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE, YOU SHALL BE ENTITLED TO BE REIMBURSED FOR YOUR COSTS OF ARBITRATION, WITHIN THE SOLE DISCRETION OF THE ARBITRATOR.
IF THE ARBITRATION AWARD IS EQUAL TO OR GREATER THAN THE AMOUNT YOU DEMANDED IN YOUR ARBITRATION CLAIM, BELKIN WILL PAY FOR YOUR REASONABLE AND ACTUAL ATTORNEYS’ FEES YOU HAVE INCURRED TO ARBITRATE THE DISPUTE, PLUS A MINIMUM RECOVERY OF $2,500.
ANY DECISION OR AWARD BY THE ARBITRATOR RENDERED IN AN ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING ON EACH PARTY, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
IF EITHER PARTY BRINGS A DISPUTE IN A COURT OR OTHER NON-ARBITRATION FORUM, THE ARBITRATOR OR JUDGE MAY AWARD THE OTHER PARTY ITS REASONABLE COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) " |
|
PENDING |
docbot Bot |
| Throne |
"THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.</p>
<p>13.3.IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THRONE AND</p>
<p>AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AG-</p>
<p>GREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EX-</p>
<p>CEED THE LOWER OF (I) THE TOTAL FEES PAID BY YOU TO THRONE DURING THE SIX MONTHS PRIOR</p>
<p>" |
|
PENDING |
docbot Bot |
| WorldVPN |
"WorldVPN does guarantee a 99.9% server up-time.
In any event WorldVPN will never be liable for any monetary harm beyond what the client paid to WorldVPN and this shall not include attorney fees or court costs irrespective of any laws or statues that may be treated otherwise.
" |
|
PENDING |
docbot Bot |
| Steam |
"Within any twenty-four (24) hour period, the total amount stored in your Steam Wallet plus the total amount spent out of your Steam Wallet, in the aggregate, may not exceed US$2,000 or its equivalent in your applicable local currency -- attempted deposits into your Steam Wallet that exceed this threshold may not be credited to your Steam Wallet until your activity falls below this threshold. " |
|
PENDING |
docbot Bot |
| Scamalytics |
"We do not warrant that the Service will be uninterrupted, error-free, or secure.</p>
<p><strong>11. Limitation of Liability</strong></p>
<p>To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business, even if we have been advised of the possibility of such damages. Our total liability for all claims arising from or related to these Terms or the Service will not exceed the fees paid by you to us for the Service in the 3 months preceding the claim.</p>
<p><strong>12. Indemnification</strong></p>
<p>" |
|
PENDING |
docbot Bot |
| OneSignal |
"THE COMPANY MAKES NO
REPRESENTATIONS AND WARRANTIES UNDER THIS EULA, AND HEREBY EXPRESSLY
DISCLAIMS, ALL WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED,
RELATING TO THE SDK, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE OR
NON-INFRINGEMENT, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF
DEALING OR COURSE OF PERFORMANCE.
</li>
<li>
<strong>Limitations of Liability </strong> IN NO EVENT SHALL THE COMPANY,
WHETHER IN CONTRACT, TORT, EQUITY, OR OTHERWISE, BE LIABLE FOR: (A) ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES
(EVEN IF SUCH DAMAGES ARE FORESEEABLE, AND WHETHER OR NOT THE COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO
THIS EULA.
OR (B) ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS EULA
TO THE EXTENT THAT THE AGGREGATE AMOUNT OF SUCH DAMAGES EXCEEDS THE GREATER
OF (X) ALL AMOUNTS PAID BY ONE PARTY TO ANOTHER DURING THE SIX MONTHS
PRECEDING THE DATE OF THE EVENT THAT IS THE BASIS FOR THE CLAIM AND (Y)
$1500.
</li>
<li>
<strong>Force Majeure.
</strong> Except for payment obligations, neither
Party shall have any liability for any failure or delay resulting from any
condition beyond the reasonable control of such Party, including
governmental action or acts of terrorism, earthquake or other acts of God,
labor conditions, and power failures.
" |
|
PENDING |
docbot Bot |
| The Church of Jesus Christ of Latter-day Saints |
"Any action you bring to enforce this Agreement, or any matters related to this site, must be brought in either the state or federal courts located in Salt Lake County, Utah, which will have exclusive jurisdiction over any such action.
You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
If any provision of this Agreement is unlawful, void, or unenforceable in whole or in part, the remaining provisions will not be affected.</p>
<strong>Limitations of Liability</strong>
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY DIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF YOUR USE OF, OR YOUR INABILITY TO USE, THIS SITE OR THE MATERIALS OF THIS SITE OR ANY LINKED WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOST WAGES, PROPERTY DAMAGE, LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM.
TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.</p>
<strong>Disclaimers</strong>
<p>THIS SITE AND THE MATERIALS AT THIS SITE AND ANY LINKED WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
" |
|
PENDING |
docbot Bot |
| TechCrunch |
"THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING.<br>
<br> TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE STATED IN SECTION 14, VERIZON MEDIA ENTITIES ARE NOT LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS OR SERVICES FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO US FOR THE SERVICES.</p>
</li>
<li>
<p>
<strong>" |
|
PENDING |
docbot Bot |
| SALEM |
"LIMITATION ON LIABILITY <p>
<strong>(a)</strong> Under no circumstances shall any of the Website Parties be liable for indirect, incidental, special, consequential, or exemplary damages (even if we have been advised of the possibility of such damages), arising out of, relating to, or in any way connected with our Services or these Terms of Use.
Your sole remedy for dissatisfaction with our Services including, without limitation, Service Content, is to stop using our Services.
Such limitation shall also apply with respect to damages incurred by reason of goods received or advertised in connection with our Services or any links placed in our Services.
Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party using our Services.</p>
<p>
<strong>(b)</strong> Notwithstanding anything to the contrary contained herein, in no event shall the cumulative liability of all the Website Parties exceed the lesser of the total payments received from you by us during the preceding twelve (12) month period of $100.
" |
|
PENDING |
docbot Bot |
| ScorecardResearch |
"and (ix) any other matter relating to your use of the System.</p>
<p>TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE, THE MATERIALS ON THIS SITE, ANY WEBSITES LINKED TO IT OR ANY MATERIALS ON SUCH OTHER WEBSITES, OR THE PERFORMANCE OF OUR PRODUCTS OR SERVICES, EVEN IF WE (OR OUR AUTHORIZED REPRESENTATIVE(S)) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>IN NO EVENT SHALL OUR AGGREGATE LIABILITY OR THE LIABILITY OF OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT, EXCEED ONE HUNDRED DOLLARS ($100).</p>
" |
|
PENDING |
docbot Bot |
| Eventbrite |
"Further, if the circumstances in the preceding sentence apply and your claim arises from your use of the Services as a Consumer, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be more expensive than a court proceeding, then Eventbrite will pay the amount of any such costs and expenses.
" |
|
PENDING |
docbot Bot |
| THESTATUSLIFE.COM |
"RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE PROTECTED ENTITIES 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 WEBSITES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE WEBSITES EXCEED, IN THE AGGREGATE, THE GREATER OF (a) TWENTY-FIVE US DOLLARS ($25), OR (B) THE AMOUNT, IF ANY, PAID BY YOU TO THESTATUSLIFE.COM FOR YOUR USE OF THE WEBSITES OR PURCHASE OF PRODUCTS VIA THE WEBSITES.</li>
<li>
<strong>Applicable Laws.<br>
</strong>We control and operate the Websites from our offices in the United States of America.
We do not represent that materials on the Websites are appropriate or available for use in other locations.
Persons who choose to access the Websites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.These Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of California, USA without giving effect to any law that would result in the application of the law of another jurisdiction.</li>
<li>
<strong>Termination.<br>
</strong>THESTATUSLIFE.COM may terminate, change, suspend or discontinue any aspect of the Websites or the Websites’ services at any time.
" |
|
PENDING |
docbot Bot |
| Universal Music Group |
"RELATED TO, THE USE OF, OR THE
INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED
THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. .
SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. .
IN NO EVENT SHALL THE PROTECTED ENTITIES 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. .
IN NO EVENT SHALL THE TOTAL
AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE
OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO
UNIVERSAL FOR YOUR USE OF THE SITE.
</p>
<p>
<b>13.
Applicable Laws.</b> We
control and operate the Site from our offices in the United States of
America. .
We do not represent that materials on the Site are appropriate
or available for use in other locations. .
Persons who choose to access the
Site from other locations do so on their own initiative, and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
</p>
<p>
<b>14.
" |
|
PENDING |
docbot Bot |
| PlayStation Network Services |
"(vi) loss of or damage to goodwill.
and (vii) any indirect or consequential loss.</p>
<p>10.4.3  .
subject to clause 10.4.1, our total liability to you under or in connection with these Terms of Use, whether in contract, tort (including negligence), breach of statutory duty or otherwise will not be more than £100 (or local currency equivalent).</p>
<p>10.5. .
" |
|
PENDING |
docbot Bot |
| StartMail |
"<h2 id="exclusionofwarranties">EXCLUSION OF WARRANTIES</h2>
<p>StartMail PROVIDES THE StartMail Service AND THE WEBSITE "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, StartMail DISCLAIMS ANY IMPLIED WARRANTIES OR REPRESENTATIONS. StartMail EXPRESSLY DOES NOT REPRESENT OR WARRANT THAT THE StartMail Service WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE, UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.</p>
<h2 id="limitationofliability">LIMITATION OF LIABILITY</h2>
<p>UNDER NO CIRCUMSTANCES IS StartMail LIABLE FOR ANY INDIRECT DAMAGE SUSTAINED BY THE USER OR THIRD PARTIES, INCLUDING CONSEQUENTIAL DAMAGE, LOSS OF TURNOVER, AND IMMATERIAL DAMAGE.</p>
<p>THE LIABILITY OF StartMail AGAINST THE USER, ON WHATEVER GROUND (INCLUDING FAILURE TO COMPLY WITH A WARRANTY OBLIGATION), SHALL BE LIMITED TO THE SUBSCRIPTION FEES PAID BY THE USER, UP TO A MAXIMUM OF € 500.00 (FIVE HUNDRED EURO), EXCLUDING VAT, WHEREBY A SERIES OF CONNECTED EVENTS SHALL BE CONSIDERED A SINGLE EVENT.</p>
<p>THE USER INDEMNIFIES StartMail AGAINST ANY " |
|
PENDING |
docbot Bot |
| Kagi |
"DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE COLLECTIVE LIABILITY OF KAGI AND THE INDEMNIFIED PARTIES UNDER THIS AGREEMENT WILL NOT EXCEED $500 (FIVE HUNDRED DOLLARS). " |
|
PENDING |
docbot Bot |
| South Whidbey Record |
"<h3 id="limitationofliability"><strong>Limitation of Liability</strong></h3>
<p>Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount paid by You through the Service or 100 USD if You have not purchased anything through the Service.</p>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.</p>
<p>Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. " |
|
PENDING |
docbot Bot |
| Pluralsight |
"(b) <u>Limitation on Liability</u>. IN NO EVENT WILL PLURALSIGHT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU, ANY OF YOUR USERS, OR ANY THIRD PARTY WITH RESPECT TO THE PLATFORM OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FORESEEABLE, FOR: (i) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE AMOUNT YOU HAVE PAID TO PLURALSIGHT FOR USE OF THE PLATFORM IN THE THREE (3) MONTHS " |
|
PENDING |
docbot Bot |
| Hackaday.io |
"YOU UNDERSTAND THAT SUPPLY FRAME DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES.</p>
<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.</p> 7.
Limitation on Liability <p>IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.</p>
<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID COMPANY IN THE " |
|
PENDING |
docbot Bot |
| Vorwerk Thermomix |
"IN NO EVENT SHALL VORWERK NOR ANY OF ITS PARENTS, SUBSIDIARIES OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USER’S USE OR INABILITY TO USE THE COOKIDOO® SITE, THE APP OR THE RECIPES OR ANY OTHER SITE ACCESSED THROUGH A LINK FROM THIS SITE OR THE APP OR FROM ANY ACTIONS VORWERK TAKES OR FAILS TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES SENT BY USER, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF VORWERK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
WITHOUT LIMITING THE FOREGOING, TOTAL LIABLITY OF VORWERK FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE, THE APP OR THE RECIPES, RESULTS FROM THE FOREGOING, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO VORWERK FOR ANY PRODUCT OR SERVICE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS.</p>
<p>
<b>10.3</b> VORWERK IS NOT LIABLE TO THE USER FOR ANY DAMAGE OR ALTERATION TO THE USER'S EQUIPMENT INCLUDING BUT NOT LIMITED TO ANY VORWERK APPLIANCE OR ANY COMPUTER EQUIPMENT, HANDHELD DEVICE, OR MOBILE TELEPHONES AS A RESULT OF THE UTILIZATION OF THE APP OR THE RECIPES.</p>
<p>
<b>10.4</b> SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.</p>
<p>
<b>" |
|
PENDING |
docbot Bot |
| The Hindu |
"In no event will THG Publishing Private Limited, its affiliates, agents, suppliers or licensors be liable for indirect, special, incidental, and/or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if THG Publishing Private Limited has been advised of the possibility that such damages may arise.
THG Publishing Private Limited does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of THG Publishing Private Limited or its affiliates, agents, suppliers and licensors to you that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by THG Publishing Private Limited exceed the amount, if any, paid by you to THG Publishing Private Limited for the particular Service to which the claim relates.
" |
|
PENDING |
docbot Bot |
| Hindsight |
"(c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY.
(d) COST OF REPLACEMENT GOODS OR SERVICES.
(e) LOSS OF GOODWILL OR REPUTATION.
OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.</p>
<p>
<strong>11.2 CAP ON MONETARY LIABILITY</strong>
<br>EXCEPT AS OTHERWISE PROVIDED IN SECTION 11.3, IN NO EVENT WILL THE AGGREGATE LIABILITY OF HINDSIGHT AND ITS LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID AND AMOUNTS ACCRUED BUT NOT YET PAID TO HINDSIGHT UNDER THESE TERMS IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.</p>
<p>
<strong>11.3 Exceptions </strong>
<br>The exclusions and limitations in Section 11.1 and Section 11.2 do not apply to Hindsight’s obligations under Section 11 or liability for Hindsight’s gross negligence or willful misconduct.</p>
<p>
<strong>12.
TERM &.
" |
|
PENDING |
docbot Bot |
| Shoppy |
"UNDER NO SCENARIO SHALL Shoppy’S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.
</p> Links to Other Websites <p> Our Website may contain links to third party websites.
" |
|
PENDING |
docbot Bot |
| CDNsun |
"Limitation of Liability
<p>In conjunction with the Limitation of Warranties as explained above, you expressly understand, agree and accept that any claim against us shall be limited to the amount you paid, if any, for use of the Resources.
" |
|
PENDING |
docbot Bot |
| WorldStarHiphop |
"To the fullest extent permitted by applicable law, in no event shall the aggregate liability of MediaLab or the MediaLab parties for any Losses, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Services or to these Terms exceed the greater of: (i) any compensation you paid, if any, to MediaLab for access to or use of the Services for the twelve (12) months immediately preceding the Loss.
or (ii) the amount of $100.00.
</p>
<p> Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this Section may not apply to you.
" |
|
PENDING |
docbot Bot |
| Panthera Interactive |
"You assume the entire cost of all necessary Serviceing, Repair, or Correction.</p> Limitation of Liability
<p>Under no Circumstances, Inclundig, But not limited to, Negligence, Shall we be liable for any lost profits, Cost of cover, Direct, Indirect, Incidental, Special, Reliance, Consequential or Punitive damages that result from the use of, or The inability to use, The site or the services or functions of the site or arising out of your access to, or inability to access, The site or your reliance upon, The site or the content or materials in, or functions of, The site, Provison of, or failure to provide services, or information, or any damages whatsoever resulting from loss of use, Data, or profits, Whatever or not we have been advised of the possibility of such damages, Aand on any theory of liability (including negligence).
In addition, We have no duty to update the site of the contents thereof.
In no event shall our total liability to you for all damages, Losses, and causes of action (Whatever in contract, Tort (including, But not limite to, Negligence, or otherwise) exceed ten dollars ($10.00).
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.</p>
<p>Electronic communications privacy act notice (18 U.S.C.
2701-2711): We make no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site.
" |
|
PENDING |
docbot Bot |
| seravo.com |
"If any changes occur with the taxes or regulatory fees concerning the
service, the Supplier may review its pricing to correspond these changes,
without any time restrictions.</p> 11.
Damages compensation and limitation of liability <p>Neither the Supplier or the Customer is responsible for indirect damages
to either party, unless the damages are deliberate or a result of gross
negligence.</p>
<p>The Supplier’s compensation due to an error in the service is limited to
an amount corresponding to the service fee of up to three months.
" |
|
PENDING |
docbot Bot |
| Cosco Kids |
"TO THE FULLEST EXTENT PERMITTED BY LAW COSCO KIDS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR, IF APPLICABLE, IN PURCHASING PRODUCTS OR SERVICES THROUGH THIS WEBSITE. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.</p>
<p>THIS LIMITATIONS OF LIABILITY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.</p>
" |
|
PENDING |
docbot Bot |
| FingerprintJS |
"NEITHER FINGERPRINTJS NOR ITS SUPPLIERS WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THEIR POSSIBILITY IN ADVANCE.
</li>
<li>Liability Cap.
FINGERPRINTJS’S (AND ITS SUPPLIERS’) ENTIRE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED IN AGGREGATE THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO FINGERPRINTJS DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM (OR, IF FEWER THAN 12 MONTHS HAVE ELAPSED UNDER THE AGREEMENT, THE AVERAGE MONTHLY FEES PAID OR PAYABLE BY CUSTOMER TO FINGERPRINTJS UNDER THE AGREEMENT MULTIPLIED BY 12).</li>
<li>Nature of Claims and Failure of Essential Purpose.
The waivers and limitations in this Section 9 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.</li>
</ol>
</li>
<li>
<strong>Indemnification</strong>.
<ol>
<li>FingerprintJS Indemnity.
FingerprintJS will defend Customer from and against any third-party claim to the extent alleging that the Service, when used as authorized by Customer, infringes a third-party’s U.S.
patent, copyright or trademark, and will indemnify Customer against any damages or costs awarded against Customer (including reasonable attorneys’ fees) or agreed in settlement by FingerprintJS resulting from the claim.
" |
|
PENDING |
docbot Bot |
| Digital Ocean |
"Limitation of Liability<p>10.1 To the fullest extent permitted by law, in no event will we be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Websites and Services or any materials or content on the Websites and Services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of damage.
To the fullest extent permitted by law, you agree we will have no liability for any data that may be destroyed, lost or otherwise rendered inaccessible, whether because you failed to backup your data or for any other reason.</p>
<p>10.2 Except as provided in Section 13 and to the fullest extent permitted by law, our aggregate liability to you for all claims arising out of or relating to this TOS or the Websites and Services, whether in contract, tort, or otherwise, is limited to the amount you have paid to us for the Services at issue in the month prior to the event or circumstance giving rise to claim.</p>
<p>10.3 Each provision of this TOS that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under this TOS.
This allocation is an essential element of the basis of the bargain between you and us.
" |
|
PENDING |
docbot Bot |
| Disqus |
"Licensor shall not be liable to Publisher for any inoperability of the service or for any loss of information or other injury, damage or disruption of any kind. </p>
<p><strong>8. Limitation of Liability.</strong> IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, BUSINESS OR PROFITS OR COSTS OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SERVICE AND/OR UPDATE(S), WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL LICENSOR’S CUMULATIVE LIABILITY TO THE OTHER EXCEED THE FEES PAID TO LICENSOR BY PUBLISHER DURING TWELVE (12) MONTHS " |
|
PENDING |
docbot Bot |
| wildlifestudios |
"(e) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,</p>
<p>ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SERVICES, EVEN IN THE EVENT OF ONE OF A WILDLIFE PARTY’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF THAT WILDLIFE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE WILDLIFE PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN QUESTION DURING THE SIX (6) MONTHS IMMEDIATELY " |
|
PENDING |
docbot Bot |
| Amplifire |
"While KFI uses reasonable efforts to include accurate and up to date information on this Site, KFI is not responsible or liable for any infections or contamination of the system you utilize to access this Site, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and Content contained on this Site. <strong>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KFI, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT CONTAINED ON THIS SITE WHETHER THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY KFI OR ANY THIRD PARTY</strong>. Notwithstanding the foregoing, in no event shall KFI’s liability for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the greater of One United States Dollar or the amount, if any, that was paid to KFI in order to access this Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply. " |
|
PENDING |
docbot Bot |
| DeepSource |
"LIMITATION OF LIABILITIES
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EXCEPT PAYMENT OBLIGATIONS OF YOU EVEN IF EITHER PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DeepSource’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICES, WILL BE LIMITED TO AN AMOUNT EQUAL TO TWELVE MONTHS OF THE SUBSCRIPTION CHARGES PAID FOR THE SERVICES PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.</p>
12.
INDEMNIFICATION
<p>
<strong>12.1 Indemnification by DeepSource</strong>: Subject to Your compliance with these Terms, DeepSource will indemnify and hold You harmless, from and against any claim brought against You by a third-party alleging that the Services You subscribed to infringes or misappropriates such third-party’s valid patent, copyright, or trademark (an “IP Claim”).
" |
|
PENDING |
docbot Bot |
| Anedot |
"TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR ACCESS AND USE OF THE FUNDRAISING SERVICES, THE ANEDOT PLATFORM, THE SITE OR ANY OF THE OTHER ANEDOT SERVICES OR THESE TERMS, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE PROCESSING FEES PAID BY YOU (LESS ANY PART OF THE PROCESSING FEES PAID TO, OR RETAINED BY, A THIRD PARTY (E.G., THE ACQUIRER, AN ISSUING BANK, ETC.) " |
|
PENDING |
docbot Bot |
| PeaceHealth |
"THE INFORMATION ON THIS SITE IS COMPILED FROM A VARIETY OF SOURCES AND PEACEHEALTH SHALL NOT BE RESPONSIBLE FOR INFORMATION PROVIDED HEREIN UNDER ANY THEORY OF LIABILITY OR INDEMNITY. LIABILITY, IF ANY, FOR DAMAGES (INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR PATENT OR COPYRIGHT INFRINGEMENT) SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL PEACEHEALTH BE LIABLE FOR ANY DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE, AND ALL OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE ARISING OUT OF THE USE OF THIS SITE, ARE HEREBY EXCLUDED EVEN IF PEACEHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
" |
|
PENDING |
docbot Bot |
| NetBalancer |
"In any event, NetBalancer.com shall never be liable for any monetary damages beyond what the user paid to NetBalancer.com and this will not include court costs or attorney fees irrespective of any statues or laws that may be interpreted otherwise.</li>
<li>" |
|
PENDING |
docbot Bot |
| Dubai Khalifa |
"These cancellation terms apply regardless of the date of order or contract for the Event Management.</li>
<li>ITP’s liability to the Client shall be limited to the amount of ITP’s invoice for the Event Management fee for any action or claim brought by the Client howsoever caused.</li>
<li>" |
|
PENDING |
docbot Bot |
| Drift |
"EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS”.
FURTHER, EXCEPT AS PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
DRIFT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (A) THE SUITABILITY OR COMPLETENESS OF THE SERVICES, (B) THE RESULTS CUSTOMER MAY OBTAIN BY USING THE SERVICES, OR (C) THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS.</li>
<li>
<u>Limitation of Liability.</u> EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES AND INDEMNIFICATION OBLIGATIONS, EACH PARTY’S AGGREGATE LIABILITY WILL BE LIMITED TO THE THE TOTAL AMOUNTS YOU HAVE ACTUALLY PAID TO DRIFT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO A CLAIM.
DRIFT IS NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY LIABILITY WITH RESPECT TO ALL THIRD-PARTY PRODUCTS THAT YOU USE.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES.
" |
|
PENDING |
docbot Bot |
| Apartment List |
"THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.</p>
<p>
<br>
</p>
<ol>
<li>
<strong>Limitation of Liability</strong>
</li>
</ol>
<p>THE COLLECTIVE MAXIMUM AGGREGATE LIABILITY OF COMPANY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES TO YOU UNDER THESE TERMS OR IN CONNECTION WITH THE SERVICE, IS ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE LEGAL THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. </p>
<p>" |
|
PENDING |
docbot Bot |
| Big Fish Games |
"<h2 id="18nbspnbspnbspnbspnbspnbspnbsplimitationsofliability"><strong>18. LIMITATIONS OF LIABILITY</strong></h2>
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIG FISH AND OUR SUBSIDIARIES AND AFFILIATES AND EACH OF OUR RESPECTIVE EMPLOYEES, AGENTS, LICENSORS, LICENSEES, OFFICERS, DIRECTORS AND SHAREHOLDERS (INDIVIDUALLY AND COLLECTIVELY, THE “<strong>BIG FISH PARTIES</strong>”) WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF BIG FISH OR THE OTHER BIG FISH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>UNDER NO CIRCUMSTANCES WILL THE BIG FISH PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BIG FISH IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.</p>
<p>THE LIMITATIONS SET FORTH IN THIS SECTION 18 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF BIG FISH OR THE OTHER BIG FISH PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. " |
|
PENDING |
docbot Bot |
| CompTIA |
"Limitations on Liabitility.</strong> IN NO EVENT WILL COMPTIA BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER COMPTIA WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, COMPTIA'S AGGREGATE LIABILITY SHALL BE LIMITED TO 1) THE MAXIMUM EXTENT PERMITTED BY LAW, OR 2) THE TOTAL AMOUNTS PAID TO COMPTIA UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS LOWER. COMPTIA DOES NOT REPRESENT OR GUARANTEE THAT THE SOFTWARE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND COMPTIA HEREBY DISCLAIMS " |
|
PENDING |
docbot Bot |
| Render |
"and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party.
In no event shall Render, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Render hereunder or $100.00, whichever is greater.</p>
<p>This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Render has been advised of the possibility of such damage.</p>
<p>" |
|
PENDING |
docbot Bot |
| Church’s Texas Chicken |
"<h3 id="restrictionofliability">restriction of liability</h3>
<p><em>Church’s®</em> will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. <em>Church’s®</em> will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials on this site, even if there is negligence or <em>Church’s®</em> or an authorized <em>Church’s®</em> representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. <em>Church’s®</em> total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.</p></li>
<li>" |
|
PENDING |
docbot Bot |
| Australian Red Cross Lifeblood |
"(i) the supplying of these services again.
or</p>
<p>(ii) the payment of the cost of having the services supplied again.</p>
<br>
15.4 Lifeblood will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Online Self Service, Lifeblood Content, all links to or from the Online Self Service or the products and services made available through the Online Self Service.<br>
<br>
15.5 Subject to this clause 15, the maximum aggregate liability of Lifeblood for all proven losses, damages and claims arising out of or in connection with this these Terms, the Online Self Service or Lifeblood Content, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.<br>
<br>
16.
" |
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docbot Bot |
| hinge |
"TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HINGE, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES.
OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF HINGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HINGE’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO HINGE FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST HINGE, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL.
THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT..<br>
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.<br>
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, " |
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docbot Bot |
| Ketch |
"WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CUSTOMER ACKNOWLEDGES THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.<br>
</p>
<p>OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER CUSTOMER’S OR OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY.
THE FOREGOING WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS.<br>
</p>
<p>IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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docbot Bot |
| Mango Languages |
"UNDER NO CIRCUMSTANCES SHALL RELEASEES BE LIABLE TO YOU ON ANY THEORY OF LIABILITY FOR: ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES; ANY DAMAGES RESULTING FROM LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE MANGO PRODUCTS, THE AUDIO CONTENT OR ANY FEE-BASED SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE MANGO PRODUCTS WHETHER BASED ON WARRANTY, COPYRIGHT, PRODUCT LIABILITY, CONTRACT, OR TORT (INCLUDING NEGLIGENCE), EVEN IF RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RELEASEES HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR ACCOUNTS OR ARISING OUT OF GOOD FAITH REMOVAL OR DISABLING OF ANY AUDIO CONTENT. OUR TOTAL AGGREGATE LIABILITY TO YOU IS LIMITED TO THE LESSER OF, IF ANY, THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE MANGO PRODUCTS IN THE TWELVE (12) MONTHS " |
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PENDING |
docbot Bot |
| WiseHosting |
"If the Company is not able to charge the Customer's credit card as noted above for the full amount due, Customer authorizes the Company to split the total amount due across multiple debit transactions to the credit card(s) on file equaling the total amount due.</p>
<h3 id="94servicecancellation">9.4 Service Cancellation</h3>
<p>Requests to cancel services may be made by notifying our Billing Department from within our billing and customer management system. All requests for service cancellation must be made a minimum of 5 days prior to the renewal date of the service being cancelled. " |
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PENDING |
docbot Bot |
| CDN77 |
"SLASLA credits99.91 - 99.99%5%99.81 - 99.90%10%98.51 - 99.80%25%97.51 - 98.50%35%96.51 - 97.50%75%95.50% and less100%</li>
<li>
<p>The sum of the SLA credits is calculated as a percentage rate of the monthly price for Service and will be provided as a discount to the next invoice provided by the Supplier.</p>
</li>
<li>
<p>The amount of SLA credits cannot exceed 100% of the Monthly Plan payment paid by Customer for the given month.
" |
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PENDING |
docbot Bot |
| Taboola |
"In the event that any amount payable by Advertiser hereunder is subject to deduction or withholding for taxes, including value added taxes, the amount payable by Advertiser hereunder shall be increased such that the amount received by Taboola equals the amount stated on the applicable invoice.
" |
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PENDING |
docbot Bot |
| FOREX.com |
",7.NOVATION OF OPPOSING CONTRACTS.
Whenever theremay exist in any Customer Account two or more open and opposite Contracts providing in ,whole or in part for the purchase and sale of the same Foreign Currency, Cross Currency Pairs or Metal Contracts on the same Value Date, such ,Contracts shall automatically be canceled and replaced by an obligation to settle only the net difference between amounts payable in respect of the ,relevant currencies under the relevant Contracts, and/or the net difference between the quantities of the relevant currency deliverable there under.,8.SETTLEMENT " |
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PENDING |
docbot Bot |
| Rescue Time |
"SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
</p> 14.
LIMITATION OF LIABILITY <p>RescueTime WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RescueTime HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE.
UNDER NO CIRCUMSTANCES WILL RescueTime’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO RescueTime IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS.
" |
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PENDING |
docbot Bot |
| BlueSky |
"OR ANY THIRD PARTY’S CONTENT (INCLUDING ANY USER CONTENT), WHETHER OR NOT SUCH CONTENT IS ACCESSED THROUGH BLUESKY SOCIAL, AND THAT ANY RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.</p></li>
<li><p>b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF THE BLUESKY PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE BLUESKY SOCIAL EXCEED ONE HUNDRED DOLLARS ($100).</p></li>
<li><p>c. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE " |
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docbot Bot |
| MailerLite |
"DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL MAILERLITE'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.</p>
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docbot Bot |
| Fastly |
"Anti-corruption.</strong> Neither party has received or been offered any bribe, kickback, illegal or improper payment, gift, or thing of value from any of the personnel or agents of the other party in connection with the Agreement, other than reasonable gifts and entertainment provided in the ordinary course of business. If Subscriber becomes aware of any violation of the above restriction, Subscriber will promptly notify Fastly’s General Counsel at gc@fastly.com.</p>
<p><strong>13. Limitation of Liability.</strong> A PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY SUBSCRIBER HEREUNDER IN THE 12 MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. " |
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PENDING |
docbot Bot |
| DuckDuckGo |
"TO THE FULLEST EXTENT PERMITTED BY LAW, THE DUCKDUCKGO PARTIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSE AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU FOR USE OF THE RELEVANT SERVICES DURING THE PRIOR 12 MONTHS OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US." |
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PENDING |
shadowwwind Staff |
| Proton AG |
"Without limitation of the foregoing, and to the extent not prohibited by law, the total liability of the Company’s parties for any reason whatsoever arising out of or related to the use of, or inability to use, your Account or the Services, or these Terms, shall not exceed $100, or the amount you paid us, if any, for use of your Account or the Services, whichever amount is greater. This liability, if any, shall be complete and exclusive. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.</p>
<p>Applicable law in some locations, such as the State of New Jersey, does not allow the waiver of implied warranties, the limitation of liability of certain damages set forth above, including the provisions of this section that limit or exclude special, exemplary, consequential, or punitive damages, or limit or exclude the use of any multiplier on or increase to damages, and limit the liability of the Company or any of the Company’s parties, to the greater of either $100 or the amount paid by you for use of your Account or the Services. These limitations or exclusions may not apply to you. The provisions of this section do not apply to the extent, and only to the extent, not permitted by applicable law.</p>
<p>IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT " |
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DECLINED |
docbot Bot |
| WhatsApp |
"OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.</p>
<p>Back to top</p>Limitation Of Liability<p>THE WHATSAPP PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF THE WHATSAPP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
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DECLINED |
docbot Bot |