You are solely responsible for deciding whether to enter into a transaction and how and whether your transaction will be executed.</p> <h2 id="indemnity">Indemnity</h2> <p>You will indemnify, defend and hold harmless Phantom and its affiliates and its and their respective officers, directors, employees, agents and representatives (the “Phantom Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, relating to or in any way connected with (i) your access to or use of the Site, Functionality or Content, (ii) your User Content, (iii) Third Party Functionality, or (iv) your violation of these Terms.</p> <h2 id="limitationofliability">Limitation of Liability</h2> <p>THE PHANTOM PARTIES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE OUT OF OR IN CONNECTION WITH ANY AUTHORIZED OR UNAUTHORIZED USE OF THE SITE, THE APP OR THE FUNCTIONALITIES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PHANTOM HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.