Any liability on behalf of the service is only limited to the fees you paid as a user


Service: Trakstar
Status: PENDING
Changes: 0
Source: link
Author: docbot (21032) Bot


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.&nbsp;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. &nbsp;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>
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