You agree to release, indemnify, and hold KIXEYE, its affiliates, and its and their employees, officers, and agents harmless from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising from or in any way related to: (i) Your use of the Services, (ii) Your violation of this Agreement, applicable law, or any third-party rights, or (iii) Your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, in which event You will cooperate in asserting any available defenses.</p></li> <li><p>Release. If You are a California resident, You waive California Civil Code Section 1542, which says: "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." If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.
changes-requested: Please change to case145 (https://edit.tosdr.org/cases/145)
@Clippy this part of the quote seemed to imply defense as well:
> Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, in which event You will cooperate in asserting any available defenses
APPROVED
No comment given
Previous Status: CHANGES REQUESTED
Updated Status: APPROVED
Previous Status: PENDING
Updated Status: CHANGES REQUESTED
Title: You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service
Analysis: Generated through the annotate view
Status: PENDING