Common use of Disclaimer of Warranties and Limitation of Liability Clause in Contracts

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORE.

Disclaimer of Warranties and Limitation of Liability. WE You expressly agree that the Company is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another's rights including, without limitation, privacy and intellectual property rights, and you hereby release the Company for any such claims based on the activities of third parties. THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER THE COMPANY, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. THE COMPANY DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, PURPOSE AND ANYTHING RELATED TO EACH MERCHANTABILITY ARE HEREBY EXCLUDED AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”)DISCLAIMED. THE OFFERINGS COMPANY AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE NOT LIABLE FOR ANY DIRECTCOSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE OF, THE LICENSED SOFTWARE, THE SERVICE (INCLUDING E-MAIL), EQUIPMENT FURNISHED BY THE COMPANY, OR THE COMPANY'S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE, AND YOU AGREE THAT THIS DISCLAIMER OF LIABILITY APPLIES EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A THE COMPANY INSTALLER, TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE AND YOU FURTHER AGREE THAT THIS DISCLAIMER OF LIABILITY INCLUDES ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT DAMAGES, REGARDLESS OF WHETHER OR NOT THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESANY EVENT, PROVIDER’S THE COMPANY'S CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR AND ALL CLAIMS RELATING TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORE.USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWO

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY THE FOREGOING (COLLECTIVELYCOMPANY, THE “PROVIDER”) MAKE COMPANY MAKES NO WARRANTIES OF ANY KINDOTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. The company makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. The company makes no warranty that operation of the Software Product will be secure, WITH RESPECT TO error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”)SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. THE OFFERINGS ARE MADE AVAILABLE COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSOFTWARE PRODUCT, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE BREACH OF WARRANTY, OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE THE NEGLIGENCE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPANY OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN THE COMPANY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS THE COMPANY’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. 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 the company. The company reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If the company is unable to provide a replacement or substitute Software Product or corrections to the Software Product, WHICHEVER IS MOREyour sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by the company to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold the company harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Disclaimer of Warranties and Limitation of Liability. WE NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE MODELS, THE REPORTING PROCESSES AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERSSERVICES TECHNOLOGY ARE PROVIDED “AS-IS,” WITH ALL FAULTS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGEITHER IN FACT OR BY OPERATION OF LAW, WITHOUT LIMITATIONBY STATUTE OR OTHERWISE, WARRANTIES INCLUDING THE IMPLIED WARRANTIES, DUTIES AND CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS, RESULTS, WORKMANLIKE EFFORT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND NO PARTY ASSUMES ANY OBLIGATION TO PROVIDE ANY SUPPORT, DOCUMENTATION, MAINTENANCE, UPDATES OR UPGRADES WITH RESPECT TO THE SERVICESMODELS, SERVICE CONTENTTHE REPORTING PROCESSES AND SERVICES TECHNOLOGY. IN NO EVENT SHALL ANY PARTY IN ITS CAPACITY AS A LICENSOR HAVE ANY OBLIGATION OR LIABILITY, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL REGARDLESS OF THE FOREGOING (COLLECTIVELYFORM OF ACTION, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY OTHERWISE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS RELATED TO THE QUALITY LICENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND THE PERFORMANCE STRICT LIABILITY), BREACH OF THE OFFERINGS AND THE ACCURACY WARRANTY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OTHERWISE FOR COVER OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, EXEMPLARY, CONSEQUENTIAL OR CONSEQUENTIAL SIMILAR DAMAGES ARISING OR LOSS OF REVENUE, PROFIT, SAVINGS OR BUSINESS WHICH IN ANY WAY ARISE OUT OF, RELATE TO OR ARE A CONSEQUENCE OF THE USE OF OR INABILITY TO USE THE OFFERINGSLICENSE, EVEN IF WE HAVE SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORE.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE 9.1 No Warranty and Service Interruptions: YOU AGREE THAT YOUR USE OF THE FOREGOING (COLLECTIVELYSERVICES AND ANY BREEZELINE EQUIPMENT IS AT YOUR SOLE RISK. THE SERVICES AND BREEZELINE EQUIPMENT ARE PROVIDED ON AN “AS-IS” BASIS, THE “PROVIDER”) MAKE NO WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, PURPOSE AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”)MERCHANTABILITY. THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR BREEZELINE DOES NOT WARRANT UNINTERRUPTED USE OF THE OFFERINGS SERVICES OR THAT THE SERVICES OR BREEZELINE EQUIPMENT WILL OPERATE AS REQUIRED, UNINTERRUPTED, OR ERROR FREE. A “SERVICE INTERRUPTION” IS AT A COMPLETE DISRUPTION OF EITHER A SINGLE SERVICE OR MULTIPLE SERVICES FOR TWENTY-FOUR (24) CONSECUTIVE HOURS OR MORE, SUCH THAT CUSTOMER IS UNABLE TO UTILIZE SUCH SERVICE(S) FOR THE INTENDED PURPOSE AS CONTEMPLATED UNDER THE AGREEMENT DURING SUCH TIME. EXCEPT AS PROVIDED BELOW, YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY REMEDY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION A SERVICE INTERRUPTION SHALL BE LIMITED TO $50 A PRORATED CREDIT OF THE APPLICABLE MRC(S) FOR THE IMPACTED SERVICE(S). TO QUALIFY FOR SUCH CREDIT, YOU MUST REQUEST THE CREDIT FROM BREEZELINE WITHIN THIRTY (30) DAYS OF THE FAILURE. CREDITS SHALL BE APPLIED ONLY AGAINST CURRENT AND FUTURE MRCS PAYABLE BY YOU FOR THE SERVICES AND ANY CREDITS PROVIDED BY BREEZELINE ARE AT ITS SOLE DISCRETION AND IN NO EVENT SHALL CONSTITUTE OR TO BE CONSTRUED AS A COURSE OF CONDUCT BY BREEZELINE. IN NO EVENT SHALL A SERVICE INTERRUPTION BE DEEMED A BREACH OF THE GREATEST EXTENT PERMITTED AGREEMENT BY LAWBREEZELINE. A SERVICE INTERRUPTION SHALL NOT QUALIFY FOR A CREDIT IF SUCH SERVICE INTERRUPTION IS RELATED TO, WHICHEVER IS MORE.ASSOCIATED WITH, OR CAUSED BY (I) SCHEDULED MAINTENANCE EVENTS,

Disclaimer of Warranties and Limitation of Liability. WE YOU UNDERSTAND AND OUR AFFILIATED COMPANIESAGREE THAT THE ELECTRONIC SERVICES ARE PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, OWNERSTHE CREDIT UNION ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, AGENTSDELETION, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE EXPRESSLY AGREE THAT USE OF THE FOREGOING (COLLECTIVELYELECTRONIC SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE “PROVIDER”) MAKE NO CREDIT UNION DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, PURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY SERVICES, THIRD PARTY CONTENTRIGHTS, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER CREDIT UNION MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, ELECTRONIC SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS RELIABILITY OF ITS CONTENTANY INFORMATION OBTAINED THROUGH THE ELECTRONIC SERVICES, THE ACCURACY OF ANY INFORMATION RETRIEVED BY YOU FROM THE ACCOUNTS OR THAT THE ELECTRONIC SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NEITHER WE NOR OUR PARTNERSEXCEPT AS DESCRIBED IN THIS AGREEMENT, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL THE CREDIT UNION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF THE ANY KIND RESULTING FROM YOUR USE OF OR YOUR INABILITY TO USE THE OFFERINGSELECTRONIC SERVICES, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY YOU FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ELECTRONIC SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSION OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE THE CREDIT UNION HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORE.

Disclaimer of Warranties and Limitation of Liability. WE You expressly agree that Waverly Hall Communications is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another's rights including, without limitation, privacy and intellectual property rights, and you hereby release Waverly Hall Communications for any such claims based on the activities of third parties. THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER WAVERLY HALL COMMUNICATIONS, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. WAVERLY HALL COMMUNICATIONS DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. WAVERLY HALL COMMUNICATIONS AND ITS EMPLOYEES, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, REPRESENTATIVES AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS AGENTS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE NOT LIABLE FOR ANY DIRECTCOSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE OF, THE LICENSED SOFTWARE, THE SERVICE (INCLUDING E-MAIL), EQUIPMENT FURNISHED BY WAVERLY HALL COMMUNICATIONS, OR WAVERLY HALL COMMUNICATIONS'S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A WAVERLY HALL COMMUNICATIONS INSTALLER, TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT DAMAGES, REGARDLESS OF THE USE OF WHETHER OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE NOT WAVERLY HALL COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESANY EVENT, PROVIDER’S WAVERLY HALL COMMUNICATIONS'S CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR AND ALL CLAIMS RELATING TO THE GREATEST EXTENT PERMITTED BY LAWUSE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD. YOU HEREBY RELEASE WAVERLY HALL COMMUNICATIONS FROM ANY AND ALL OBLIGATIONS, WHICHEVER LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. WAVERLY HALL COMMUNICATIONS IS MOREALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. Your sole and exclusive remedies under this Agreement are as expressly set forth herein. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESTHE WEBSITE, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERSITS CONTENT, AND ALL EMPLOYEES ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY“AS AVAILABLE” BASIS, THE “PROVIDER”) MAKE NO WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS THEREOF IS AT YOUR SOLE AND EXCLUSIVE OWN RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY LOSSSERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, DAMAGESECURE, FAILURE RELIABLE, VIRUS- OR ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER LIABILITY HARMFUL COMPONENTS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS 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. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREUSE, OR ERROR FREEINABILITY TO USE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE USE OF THE OFFERINGS WILL BE ACCURATE WEBSITE OR RELIABLESUCH OTHER WEBSITES, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, SPECIALCONSEQUENTIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF THE USE REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR INABILITY TO USE THE OFFERINGSANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF FORESEEABLE. THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE FOREGOING DOES NOT AFFECT ANY WARRANTY OR LIABILITY THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM CANNOT BE EXCLUDED OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY UNDER APPLICABLE LAW, WHICHEVER IS MORE.

Disclaimer of Warranties and Limitation of Liability. WE YOU UNDERSTAND AND OUR AFFILIATED COMPANIESAGREE THAT THE ELECTRONIC SERVICES ARE PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, OWNERSTHE CREDIT UNION ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, AGENTSDELETION, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, MIS- DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE EXPRESSLY AGREE THAT USE OF THE FOREGOING (COLLECTIVELYELECTRONIC SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE “PROVIDER”) MAKE NO CREDIT UNION DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, PURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY SERVICES, THIRD PARTY CONTENTRIGHTS, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER CREDIT UNION MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, ELECTRONIC SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS RELIABILITY OF ITS CONTENTANY INFORMATION OBTAINED THROUGH THE ELECTRONIC SERVICES, THE ACCURACY OF ANY INFORMATION RETRIEVED BY YOU FROM THE ACCOUNTS OR THAT THE ELECTRONIC SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NEITHER WE NOR OUR PARTNERSEXCEPT AS DESCRIBED IN THIS AGREEMENT, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL THE CREDIT UNION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF THE ANY KIND RESULTING FROM YOUR USE OF OR YOUR INABILITY TO USE THE OFFERINGSELECTRONIC SERVICES, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY YOU FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ELECTRONIC SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSION OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE THE CREDIT UNION HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORE.

Disclaimer of Warranties and Limitation of Liability. WE YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED OR ACCESSED FROM OR OTHERWISE PROVIDED THROUGH WEBSITES. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH WEBSITES IS PROVIDED "AS IS," "WITH ALL FAULTS," AND OUR AFFILIATED COMPANIES"AS AVAILABLE." COMPANY, OWNERS, ITS AGENTS, THIRD PARTY SERVICE PROVIDERSAND ITS LICENSORS DO NOT WARRANT IN ANY WAY THE AVAILABILITY, THIRD PARTY CONTENT PROVIDERSACCURACY, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELYCOMPLETENESS, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KINDCURRENTNESS, EITHER EXPRESS OR IMPLIEDSUITABILITY, INCLUDINGRELIABILITY, WITHOUT LIMITATIONTITLE, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF USEFULNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL PURPOSE OF THE FOREGOING (COLLECTIVELYWEBSITES OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITES. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. COMPANY DOES NOT GUARANTEE THAT ITS SERVICE OR WEBSITE WILL BE ERROR-FREE, THE “OFFERINGS”)OR CONTINUOUSLY AVAILABLE, OR THAT ITS SERVICE OR WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OFFERINGS ARE MADE AVAILABLE UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU ON AN “AS ISOR ANYONE ELSE FOR ANY DAMAGES FROM THE SERVICE OR WEBSITE THAT ARISE UNDER ANY CAUSE OF ACTION, AS AVAILABLE” BASIS. INCLUDING THOSE THAT RESULT FROM YOUR USE OF THESERVICE OR WEBSITE, ANY SERVICES OFFERED THROUGH THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWEBSITE, OR ERROR FREE, ( i) ANY TRANSACTION PERFORMED THROUGH THE RESULTS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY APPLIES TO ALL DAMAGES OF ANY PRODUCTSKIND, SERVICESINCLUDING COMPENSATORY, INFORMATIONSPECIAL, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALCONSEQUENTIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT PUNITIVE DAMAGES, LOSS OF THE USE DATA, INCOME OR PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF OR INABILITY DAMAGE TO USE THE OFFERINGSPROPERTY, AND CLAIMS OF THIRD PARTIES-EVEN IF WE HAVE BEEN ADVISED KNOWN BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPANY, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ALL CIRCUMSTANCESANY WAY CONNECTED TO ANY WEBSITE WILL LIMITED DIRECT DAMAGES WHICH SHALL NOT EXCEED THE PRO RATA PORTION OF THE MONTHLY CHARGES FOR THE SERVICE FOR THE TIME PERIOD DURING WHICH THE SERVICE PROVIDED PURSUANT IS INOPERATIVE, PROVIDERNOT TO EXCEED IN TOTAL THE CUSTOMER’S MONTHLY CHARGE FOR THE SERVICE. THE LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE COMPANY, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO $50 OR TO THE GREATEST FULLEST EXTENT PERMITTED BY SUCH STATE LAW, WHICHEVER IS MORE.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESYou expressly agree that the Company is not responsible or liable for any content, OWNERSact, or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another's rights including, without limitation, privacy and intellectual property rights, and you hereby release the Company for any such claims based on the activities of third parties. THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER THE COMPANY, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES, OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL, MALICIOUS AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. THE COMPANY DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. THE SERVICESCOMPANY AND ITS EMPLOYEES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENTREPRESENTATIVES, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS AGENTS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE NOT LIABLE FOR ANY DIRECTCOSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE OF, THE LICENSED SOFTWARE, THE SERVICE (INCLUDING EMAIL), EQUIPMENT FURNISHED BY THE COMPANY, OR THE COMPANY'S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE – EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A COMPANY INSTALLER, TECHNICIAN, OR CUSTOMER CARE REPRESENTATIVE, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT PUNITIVE DAMAGES, REGARDLESS OF WHETHER OR NOT THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESANY EVENT, PROVIDER’S THE COMPANY'S CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR AND ALL CLAIMS RELATING TO THE GREATEST EXTENT PERMITTED BY LAWUSE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEDING TWELVE (12)-MONTH PERIOD. YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL OBLIGATIONS, WHICHEVER LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. THE COMPANY IS MOREALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. Your sole and exclusive remedies under this Agreement are as expressly set forth herein. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.

Disclaimer of Warranties and Limitation of Liability. WE YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND OUR AFFILIATED COMPANIESTHAT THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, OWNERSNEITHER XXXXXXX.XXX NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY SERVICE PROVIDERSATTORNEYS, THIRD THIRD-PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND DISTRIBUTORS, LICENSEES OR LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDERxXxxxxx.xxx Parties”) MAKE NO WARRANTIES OF ANY KINDWARRANT THAT THE SITE WILL BE UNINTERRUPTED, EITHER UNCORRUPTED, TIMELY, OR ERROR-FREE, OR THAT OR THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY. WITHOUT LIMITATION, XXXXXXX.XXX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSEPURPOSE OR USE, WITH RESPECT AND NON-INFRINGEMENT. NEITHER XXXXXXX.XXX NOR ITS AFFILIATES OR LICENSORS, NOR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY OF THE FOREGOING, WILL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM OR OTHERWISE RELATING TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL SITE OR THE USE THEREOF. IN NO EVENT WILL ANY OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE SUCH XXXXXXX.XXX PARTIES BE LIABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESIf, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO notwithstanding the foregoing exclusions, it is determined that xXxxxxx.xxx is liable for damages, in no event will xXxxxxx.xxx’s liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) $50 OR 500. You hereby agree to defend, indemnify and hold xXxxxxx.xxx harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys’ fees) incurred by xXxxxxx.xxx arising out of or from your use of the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. You agree that the provisions in this paragraph will survive any termination of this Agreement. TO THE GREATEST FULLEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORETHESE 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 SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

Disclaimer of Warranties and Limitation of Liability. You agree that NICCU shall not be held liable in any manner, if you are unable to gain access to NICCU's website or RDC services, from time to time. You understand that some or all of RDC services and/or other system services may not be available at certain times due to maintenance and/or computer, communication, electrical or network failure or any other causes beyond NICCU's control. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES NOT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF RDC SERVICES, PROVIDED TO YOU UNDER THE OFFERINGS.PROVIDER MAKES NO WARRANTY AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT (i) THE OFFERINGS RDC SERVICES WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS OPERATE WITHOUT ERROR OR THAT RDC SERVICES WILL BE UNINTERRUPTEDAVILABLE AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR OTHERWISE REQUIRED BY LAW, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY NICCU AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, NICCU'S EMPLOYEES AFFILIATES, OPERATORSAGENTS, OR PARENT COMPANIES SHALL BE AND TECHNOLOGY PARTNERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNTER THE AGREEMENT OR BY REASON OF YOUR USE OF RDC SERVICES, INCLUDING LOSS OF PROFITS, REVENUE, DATE OR INABILITY TO USE THE OFFERINGSBY YOU OR ANY THIRD PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESWHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON WARRANTY OR ANY OTHER LEGAL THEORY. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREYou must inform us immediately of any material change in your financial circumstances or in any of the information provided in your Application for any RDC services. You agree to provide us any financial information we reasonably request during the term of this Agreement. You authorize us to review your history from time to time.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY LYTROD, OWNERSLYTROD MAKES NO OTHER WARRANTIES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. Lytrod makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Lytrod makes no warranty that operation of the Software Product will be secure, WITH RESPECT TO error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELYSOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. LYTROD WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE “OFFERINGS”)LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. THE OFFERINGS ARE MADE AVAILABLE UNDER NO CIRCUMSTANCES SHALL LYTROD, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSOFTWARE PRODUCT, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE OR OTHER LIABILITY ARISING OUT BREACH OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWARRANTY, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE NEGLIGENCE OF THE OFFERINGS WILL BE ACCURATE LYTROD OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN LYTROD IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS LYTROD'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. 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 Lytrod. Lytrod reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Lytrod is unable to provide a replacement or substitute Software Product or corrections to the Software Product, WHICHEVER IS MOREyour sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Lytrod to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Lytrod harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Disclaimer of Warranties and Limitation of Liability. WE YOU UNDERSTAND AND OUR AFFILIATED COMPANIESAGREE THAT THE ELECTRONIC SERVICES ARE PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, OWNERSTHE CREDIT UNION ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, AGENTSDELETION, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE EXPRESSLY AGREE THAT USE OF THE FOREGOING (COLLECTIVELYELECTRONIC SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE “PROVIDER”) MAKE NO CREDIT UNION DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY SERVICES, THIRD PARTY CONTENTRIGHTS, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER CREDIT UNION MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, ELECTRONIC SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS RELIABILITY OF ITS CONTENTANY INFORMATION OBTAINED THROUGH THE ELECTRONIC SERVICES, THE ACCURACY OF ANY INFORMATION RETRIEVED BY YOU FROM THE ACCOUNTS OR THAT THE ELECTRONIC SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NEITHER WE NOR OUR PARTNERSEXCEPT AS DESCRIBED IN THIS AGREEMENT, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL THE CREDIT UNION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF THE ANY KIND RESULTING FROM YOUR USE OF OR YOUR INABILITY TO USE THE OFFERINGSELECTRONIC SERVICES, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY YOU FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ELECTRONIC SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSION OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE THE CREDIT UNION HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORE.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY XXXX, OWNERSXXXX MAKES NO OTHER WARRANTIES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. XXXX makes no warranty that the Software Product(s) will meet your requirements or operate under your specific conditions of use. XXXX makes no warranty that operation of the Software Product(s) will be secure, WITH RESPECT TO error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELYSOFTWARE PRODUCT TO MEET YOUR REQUI- REMENTS. XXXX WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE “OFFERINGS”)LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. THE OFFERINGS ARE MADE AVAILABLE UNDER NO CIRCUMSTANCES SHALL XXXX, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSOFTWARE PRODUCT, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE OR OTHER LIABILITY ARISING OUT BREACH OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWARRANTY, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE NEGLIGENCE OF THE OFFERINGS WILL BE ACCURATE XXXX OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN XXXX IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE LAW LIMITS XXXX'X ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. 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(s). Selection of whether to correct or replace shall be solely at the discretion of XXXX. XXXX reserves the right to substitute a functionally equivalent copy of the Software Product(s) as a replacement. If XXXX is unable to provide a replacement or substitute Software Product(s) or corrections to the Software Product(s), WHICHEVER IS MOREyour sole alternate remedy shall be a refund of the purchase price for the Software Product(s) exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation and/or damage determined by XXXX to have been caused by you. All limited warranties on the Software Product(s) are granted only to you and are non-transferable. You agree to indemnify and hold XXXX harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions. XXXX and other signs referred to in the Software Product(s) are trademarks or registered trademarks of XXXX or others. You may not remove or alter any trademark or other sign, including trade names and product names, and copyright or other proprietary notices, legends or labels in the Software Product(s). This Agreement does not authorize you to use any trademark or other sign of XXXX or others referred to in the Software Product(s). XXXX is entitled to update the Software Product(s), as it deems needed and appropriate. XXXX is not obliged to make any updated version of the Software Product(s) available to you if you have not registered with XXXX, or if you have not paid the update fee (if any). Any update of the Software Product(s) that is made available to you will be subject to the terms of this Agreement.

Disclaimer of Warranties and Limitation of Liability. WE You expressly agree that the Company is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another's rights including, without limitation, privacy and intellectual property rights, and you hereby release the Company for any such claims based on the activities of third parties. THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER THE COMPANY, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. THE COMPANY DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, PURPOSE AND ANYTHING RELATED TO EACH MERCHANTABILITY ARE HEREBY EXCLUDED AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”)DISCLAIMED. THE OFFERINGS COMPANY AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE MADE AVAILABLE TO YOU ON AN “AS ISNOT LIABLE FOR ANY COSTS OR DAMAGES, AS AVAILABLE” BASIS. YOUR ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSLICENSED SOFTWARE, DAMAGETHE SERVICE (INCLUDING E-MAIL), FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF EQUIPMENT FURNISHED BY THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURECOMPANY, OR ERROR FREE, ( i) THE COMPANY'S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE EVEN IF SUCH DAMAGE RESULTS THAT MAY BE OBTAINED FROM THE USE NEGLIGENCE OR GROSS NEGLIGENCE OF A THE OFFERINGS WILL BE ACCURATE OR RELIABLECOMPANY INSTALLER, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATIONTECHNICIAN, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONSCUSTOMER SERVICE REPRESENTATIVE, OR (v) INCLUDING ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT DAMAGES, REGARDLESS OF WHETHER OR NOT THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESANY EVENT, PROVIDER’S THE COMPANY'S CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR AND ALL CLAIMS RELATING TO THE GREATEST EXTENT PERMITTED BY LAWUSE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE-MONTH PERIOD. YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL OBLIGATIONS, WHICHEVER LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. THE COMPANY IS MOREALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. Your sole and exclusive remedies under this Agreement are as expressly set forth herein. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.

Disclaimer of Warranties and Limitation of Liability. WE THE EXAMITY SYSTEM AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDSERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE ALL CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENTSOFTWARE, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE FUNCTIONS MADE AVAILABLE TO YOU ON AN OR ACCESSED THROUGH OR SENT FROM THE EXAMITY WEB SITE, ARE PROVIDED “AS IS, ,” “AS AVAILABLE,” BASISAND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EXCEPT AS SPECIFICALLY REFERENCED ABOVE, EXAMITY MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE EXAMITY SYSTEM AND SERVICES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE EXAMITY SYSTEM AND SERVICES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE EXAMITY SYSTEM AND SERVICES; AND (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE EXAMITY SYSTEM OR SERVICES. YOUR EXAMITY DOES NOT WARRANT THAT THE EXAMITY SYSTEM, ANY OF THE EXAMITY SYSTEM’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE EXAMITY SYSTEM OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXAMITY, AND ITS MANAGERS, OFFICERS, EMPLOYEES AND OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR THE USE OF THE OFFERINGS IS AT YOUR SOLE EXAMITY SYSTEM AND EXCLUSIVE RISKSERVICES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER LIABILITY WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT. IN NO EVENT, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), SHALL EXAMITY BE LIABLE TO CUSTOMER OR ANY CUSTOMER PARTY FOR INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOST OR INACCURATE DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE THIS AGREEMENT, THE SERVICES OR THE PARTIES’ RELATIONSHIP. IN NO EVENT WILL EXAMITY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, FROM ALL CAUSES OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY ACTION OF ANY PRODUCTSKIND, SERVICES, INFORMATION, EXCEED THE TOTAL AMOUNTS PAID TO EXAMITY UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE TERMINATION OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE EXPIRATION OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORETHIS AGREEMENT.

Disclaimer of Warranties and Limitation of Liability. WE THE WARRANTIES MADE BY THE PARTIES IN THIS SECTION 8 ARE EXCLUSIVE AND OUR AFFILIATED COMPANIESIN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY. UNLESS OTHERWISE STIPULATED IN THIS AGREEMENT, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS PARTIES WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALCONSEQUENTIAL OR SPECIAL DAMAGES OF ANY TYPE OR ANY KIND WHETHER SUCH CLAIM IS BASED ON NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, INTELLECTUAL PROPERTY INFRINGEMENT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OTHERWISE. IN THE USE OF OR INABILITY EVENT THAT PRODUCT PROVIDED BY BAXTER FAILS TO USE MEET THE OFFERINGSWARRANTY SET FORTH IN SECTION 8.2(b), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY XXXXXX’X SOLE OBLIGATION AND ACCENTIA’S EXCLUSIVE REMEDY WILL BE LIMITED TO REPLACEMENT OF SUCH DAMAGESPRODUCT. YOU AGREE THAT IN ALL CIRCUMSTANCESTHE AGGREGATE LIABLITY OF BAXTER TO ACCENTIA HEREUNDER, PROVIDER’S LIABILITY INCLUDING BUT NOT LIMITED TO YOU FOR ANY CLAIM RECALL COSTS OR CAUSE OF ACTION THIRD PARTY CLAIMS, SHALL BE LIMITED TO $50 OR A MAXIMUM OF THE AVERAGE QUARTERLY AMOUNT ACTUALLY RECEIVED BY BAXTER PURSUANT TO THIS AGREEMENT, AND THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREREMEDIES PROVIDED IN ARTICLES 9 AND 10 AND THIS SECTION 8.4 SHALL BE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO ACCENTIA PURSUANT TO THIS AGREEMENT.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE 9.1 No Warranty: YOU AGREE THAT YOUR USE OF THE FOREGOING (COLLECTIVELYSERVICES AND ANY ATLANTIC BROADBAND EQUIPMENT IS AT YOUR SOLE RISK. THE SERVICES AND ATLANTIC BROADBAND EQUIPMENT ARE PROVIDED ON AN “AS-IS” BASIS, THE “PROVIDER”) MAKE NO WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, PURPOSE AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”)MERCHANTABILITY. THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR ATLANTIC BROADBAND DOES NOT WARRANT UNINTERRUPTED USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSERVICES OR THAT THE SERVICES OR ATLANTIC BROADBAND EQUIPMENT WILL OPERATE AS REQUIRED, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. EXCEPT AS PROVIDED BELOW, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE SOLE REMEDY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SERVICE INTERRUPTION SHALL BE LIMITED TO $50 A PRORATED CREDIT UPON REQUEST ONLY IN THE EVENT OF COMPLETE FAILURE OF THE SERVICES DUE TO A TECHNICAL MALFUNCTION FOR TWENTY-FOUR (24) CONSECUTIVE HOURS OR MORE. TO QUALIFY FOR SUCH CREDIT, YOU MUST REQUEST THE CREDIT FROM ATLANTIC BROADBAND WITHIN THIRTY (30) DAYS OF THE FAILURE. CREDITS SHALL BE APPLIED ONLY AGAINST CURRENT AND FUTURE FEES PAYABLE BY YOU FOR THE SERVICES AND ANY CREDITS PROVIDED BY ATLANTIC BROADBAND ARE AT OUR SOLE DISCRETION AND IN NO EVENT SHALL CONSTITUTE OR BE CONSTRUED AS A COURSE OF CONDUCT BY ATLANTIC BROADBAND. ATLANTIC BROADBAND DOES NOT WARRANT THAT THE SERVICES OR ATLANTIC BROADBAND EQUIPMENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATLANTIC BROADBAND DOES NOT WARRANT THAT ANY INFORMATION, DATA OR FILES YOU SEND OR RECEIVE VIA THE SERVICES WILL BE FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO SUCH INFORMATION, DATA OR FILES. ATLANTIC BROADBAND DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREYOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME.

Disclaimer of Warranties and Limitation of Liability. WE YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED OR ACCESSED FROM OR OTHERWISE PROVIDED THROUGH WEBSITES. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH WEBSITES IS PROVIDED "AS IS," "WITH ALL FAULTS," AND OUR AFFILIATED COMPANIES"AS AVAILABLE." COMPANY, OWNERS, ITS AGENTS, THIRD PARTY SERVICE PROVIDERSAND ITS LICENSORS DO NOT WARRANT IN ANY WAY THE AVAILABILITY, THIRD PARTY CONTENT PROVIDERSACCURACY, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELYCOMPLETENESS, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KINDCURRENTNESS, EITHER EXPRESS OR IMPLIEDSUITABILITY, INCLUDINGRELIABILITY, WITHOUT LIMITATIONTITLE, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF USEFULNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL PURPOSE OF THE FOREGOING (COLLECTIVELYWEBSITES OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITES. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. COMPANY DOES NOT GUARANTEE THAT THE WEBSITES WILL BE ERROR-FREE, THE “OFFERINGS”)OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OFFERINGS ARE MADE AVAILABLE UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU ON AN “AS ISOR ANYONE ELSE FOR ANY DAMAGES FROM THE WEBSITES THAT ARISE UNDER ANY CAUSE OF ACTION, AS AVAILABLE” BASIS. INCLUDING THOSE THAT RESULT FROM YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR WEBSITES, ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF SERVICES OFFERED THROUGH THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWEBSITES, OR ERROR FREE, ( i) ANY TRANSACTION PERFORMED THROUGH THE RESULTS WEBSITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY APPLIES TO ALL DAMAGES OF ANY PRODUCTSKIND, SERVICESINCLUDING COMPENSATORY, INFORMATIONSPECIAL, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALCONSEQUENTIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT PUNITIVE DAMAGES, LOSS OF THE USE DATA, INCOME OR PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF OR INABILITY DAMAGE TO USE THE OFFERINGSPROPERTY, AND CLAIMS OF THIRD PARTIES-EVEN IF WE HAVE BEEN ADVISED KNOWN BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPANY, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ALL CIRCUMSTANCESANY WAY CONNECTED TO ANY WEBSITE WILL LIMITED DIRECT DAMAGES WHICH SHALL NOT EXCEED THE PRO RATA PORTION OF THE MONTHLY CHARGES FOR THE SERVICE FOR THE TIME PERIOD DURING WHICH THE SERVICE PROVIDED PURSUANT ARE INOPERATIVE, PROVIDERNOT TO EXCEED IN TOTAL THE CUSTOMER’S MONTHLY CHARGE FOR THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE COMPANY, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO $50 OR TO THE GREATEST FULLEST EXTENT PERMITTED BY SUCH STATE LAW, WHICHEVER IS MORE.

Disclaimer of Warranties and Limitation of Liability. WE EXCEPT FOR CERTAIN PRODUCTS AND OUR AFFILIATED COMPANIESSERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY EARTHLINK, OWNERSEARTHLINK DOES NOT CONTROL ANY MATERIALS, AGENTSINFORMATION, THIRD PARTY SERVICE PROVIDERSPRODUCTS, THIRD PARTY CONTENT PROVIDERSOR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. EARTHLINK HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL EMPLOYEES SERVICES, PRODUCTS, AND LICENSORS OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF EACH ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICES ARE PROVIDED ON AN "AS IS" AND EVERY ONE "AS AVAILABLE" BASIS. EARTHLINK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR 18 PEOPLESUPPORT, INC. AND EARTHLINK, INC. CONFIDENTIAL CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN SEPARATELY FILED WITH THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE COMMISSION. FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EARTHLINK MAKES NO EXPRESS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE REGARDING ANY MERCHANDISE, WITH RESPECT TO INFORMATION OR SERVICE PROVIDED THROUGH EARTHLINK OR THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY EARTHLINK OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. EARTHLINK AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ITS EMPLOYEES ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISKSERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. PROVIDER DISCLAIMS RESPONSIBILITY IN ANY EVENT, EARTHLINK'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM AND ALL CLAIMS RELATING TO THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) SERVICES SHALL NOT EXCEED THE QUALITY TOTAL AMOUNT OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORESERVICE FEES PAID DURING A ONE YEAR PERIOD.

Disclaimer of Warranties and Limitation of Liability. WE Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE ORBCOMM ENTITIES HAVE MADE AND OUR AFFILIATED COMPANIESNONE OF THEM SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE ORBCOMM SYSTEM OR ANY SERVICES AND/OR PRODUCTS TO BE PROVIDED UNDER THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, OWNERSTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERSEACH OF THE ORBCOMM ENTITIES EXPRESSLY DISCLAIMS, AND LICENSEE HEREBY EXPRESSLY WAIVES, RELEASES AND RENOUNCES ALL EMPLOYEES AND LICENSORS OTHER WARRANTIES OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELYORBCOMM ENTITIES, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR (i) ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING ; (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (vii) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (iii) ANY WARRANTIES AS TO THE QUALITY AND THE PERFORMANCE ACCURACY, AVAILABILITY OR CONTENT OF THE OFFERINGS AND THE ACCURACY ORBCOMM SYSTEM OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, ANY SERVICES AND/OR PARENT COMPANIES SHALL BE LIABLE FOR PRODUCTS PROVIDED BY OR THROUGH ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORE.ORBCOMM ENTITIES UNDER THIS AGREEMENT; AND

Disclaimer of Warranties and Limitation of Liability. WE AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERSAND OUR OR THEIR RESPECTIVE OFFICERS, AND ALL DIRECTORS, EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING OR AGENTS (COLLECTIVELY, THE “PROVIDERAVEN PARTIES”) MAKE NO EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TITLE, AND NON-INFRINGEMENT, RELATED TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, PROGRAM. YOU UNDERSTAND AND ANYTHING RELATED TO EACH AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM AND ALL OF SERVICES OFFERED THROUGH THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS PROGRAM ARE MADE AVAILABLE TO YOU PROVIDED ON AN “AS IS, '' AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE AGREED IN WRITING BETWEEN YOU AND THE AVEN PARTIES. YOUR USE UNDER NO CIRCUMSTANCES, WILL ANY OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY AVEN PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, DAMAGEINJURY, FAILURE LIABILITY OR OTHER LIABILITY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTSOF, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREINABILITY TO USE, OR ERROR FREERELIANCE ON THE PROGRAM OF SUCH DAMAGES, ( i) AND WITHOUT REGARD TO THE RESULTS SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY PRODUCTSKIND WHATSOEVER, SERVICESWHETHER DIRECT OR INDIRECT, INFORMATIONGENERAL, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECTSPECIAL, INCIDENTAL, SPECIALCONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE USE OF ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR INABILITY TO USE THE OFFERINGSANY OTHER BASIS, EVEN IF WE HAVE ANY AVEN PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE AVEN PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE AMOUNT OF ANY POINTS YOU HAVE EARNED AND NOT YET USED IN ACCORDANCE WITH THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. YOU AGREE THAT ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. You acknowledge that you may have or may in the future have claims against the Aven Parties which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN ALL CIRCUMSTANCESHIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM WHICH IF KNOWN BY HIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 HER MUST HAVE MATERIALLY AFFECTED HIS OR TO HER SETTLEMENT WITH THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREDEBTOR OR RELEASED PARTY.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, THIS WEBSITE AND ALL EMPLOYEES INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND LICENSORS OF EACH SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE ARE PROVIDED BY COMPANY ON AN "AS IS" AND EVERY ONE OF THE FOREGOING (COLLECTIVELY"AS AVAILABLE" BASIS, THE “PROVIDER”) MAKE UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. USER EXPRESSLY AGREES THAT THE USER’S USE OF THIS WEBSITE IS AT USER’S SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS WEBSITE, WITH RESPECT TO THE SERVICESINFORMATION, SERVICE CONTENT, THIRD PARTY SERVICESMATERIALS, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING PRODUCTS (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ON AN “AS ISUSER THROUGH THIS WEBSITE, AS AVAILABLE” BASISTHE SERVERS, OR E‐MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY COMPANY WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE THIS WEBSITE OR RELIABLE, (iv) THE QUALITY OF FROM ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER MATERIAL THAT YOU OBTAIN SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONSTHIS WEBSITE, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS INCLUDING, BUT NOT LIMITED TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 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 CONSEQUENTIAL DAMAGES ARISING OUT LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Through User’s use of the Website, User may have the opportunities to engage in commercial transactions with other users and vendors. User acknowledges that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and User. COMPANY MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE, AND USER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT USER’S OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CONTENT, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE IS PROVIDED SOLELY BY SUCH THIRD PARTY OR THROUGH A SEPARATE ACKNOWLEDGEMENT. COMPANY DOES NOT INCLUDE ANY EXPRESS PRODUCT WARRANTY WITHIN THE TERMS OF THE USE OF OR INABILITY TO USE THE OFFERINGSUSE. Upon a request by Company, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESUser agrees to indemnify, defend and hold Company harmless from all liability, loss, claim and expense, including attorney's fees, related to User's violation of the Terms of Use or misuse of the Website. YOU AGREE THAT IN ALL CIRCUMSTANCESCompany hereby reserves the right, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAWat its own expense, WHICHEVER IS MOREto assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will cooperate with Company in asserting any available defenses. Company’s Privacy Policy, as it may change from time to time, is a part of the Terms of Use. User is solely responsible for reviewing any privacy policy incorporated into the Terms of Use.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERSYOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, AND ANY INFORMATION, CONTENT, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SERVICES, IS AT YOUR OWN RISK, AND THAT ALL EMPLOYEES SUCH INFORMATION, CONTENT, PRODUCTS, SERVICES AND LICENSORS OF EACH MATERIALS ARE PROVIDED ON AN "AS IS" AND EVERY ONE OF "AS AVAILABLE" BASIS. TO THE FOREGOING (COLLECTIVELYFULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE “PROVIDER”) MAKE NO CAREMERGE MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO THE AVAILABILITY, WITHOUT LIMITATIONOPERATION AND USE OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES ON OR ACCESSED VIA THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO TITLE, NON- INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, CAREMERGE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SERVICES. PLEASE BE AWARE THAT INTERNET DATA TRANSMISSION IS NOT ALWAYS SECURE AND WE CANNOT WARRANT THAT INFORMATION YOU TRANSMIT UTILIZING THE SERVICES IS SECURE. BECAUSE SECURITY IS IMPORTANT TO BOTH CAREMERGE AND YOU, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED WE WILL ALWAYS MAKE REASONABLE EFFORTS TO EACH AND ALL ENSURE THE SECURITY OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER OUR SYSTEMS BUT CAREMERGE MAKES NO WARRANTY REPRESENTATIONS OR WARRANTIES THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREEFREE OF ERRORS, ( iVIRUSES, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL CAREMERGE OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF CAREMERGE OR ITS AFFILIATES (THE "CAREMERGE PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE OFFERINGS WILL BE ACCURATE SERVICES OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONSSERVICES AVAILABLE THEREON (INCLUDING, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERSBUT NOT LIMITED TO, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR DAMAGES FOR LOSS OF THE USE PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF OR INABILITY TO USE THE OFFERINGSDATA), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT IN IT IS YOUR RESPONSIBILITY TO HAVE INTERNET CONNECTION TO ACCESS THE SERVICES VIA THE INTERNET AND THAT CAREMERGE WILL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS THE SERVICES DUE TO ANY POWER OR INTERNET DATA CONNECTION FAILURE. CERTAIN STATE LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL CIRCUMSTANCESOF THE DISCLAIMERS, PROVIDER’S LIABILITY EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREYOU.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES10.1 EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, OWNERSLICENSOR MAKES NO REPRESENTATION, AGENTSWARRANTY, THIRD PARTY SERVICE PROVIDERSOR GAURANTY AS TO THE RELIABILITY, THIRD PARTY CONTENT PROVIDERSTIMELINESS, AND ALL EMPLOYEES AND LICENSORS QUALITY, SUITABILITY, MERCHANTIBILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF EACH AND EVERY ONE ANY PART OF THE FOREGOING SOFTWARE. LICENSOR DOES NOT REPRESENT OR WARRANT THAT (COLLECTIVELYA) THE USE OF THE SOFTWARE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR THAT IT WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, OR SYSTEM; (B) ANY DATA WILL BE ACCURATE OR RELIABLE; (C) THE SOFTWARE IS COMPLIANT WITH APPLICABLE LAWS; OR (D) THE SERVICES OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SOFTWARE AND SERVIES ARE PROVIDED TO YOU STRINGLY ON AN “PROVIDER”) MAKE NO WARRANTIES OF ANY KINDAS IS” BASIS. ALL CONDITIONS, EITHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT NON-INFRINGEMENT, OR ACCURACY ARE HEREBY DISCLAIMED TO THE SERVICESEXTENT PERMITTED BY APPLICABLE LAW. 10.2 UNDER ANY CIRCUMSTANCES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, YOU ACKNOWLEDGE AND ANYTHING RELATED AGREE THAT XXXXXXXX’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO AMOUNT THAT YOU ON AN “AS IS, AS AVAILABLE” BASIS. PAID FOR YOUR USE OF THE OFFERINGS IS AT YOUR SOLE SOFTWARE. THE LIMITATIONS, EXCLUSIONS, AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR DISCLAIMERS LISTED IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS THIS SECTION WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS APPLY TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAW, WHICHEVER IS MOREEVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL LICENSOR BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND ARISING OUT OF, OR CONENCTED WITH THIS AGREEMENT.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, THE SUFS SERVICES AND ALL EMPLOYEES INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND LICENSORS OF EACH OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO BUYER THROUGH THE SUFS SERVICES ARE PROVIDED BY SUFS ON AN "AS IS" AND EVERY ONE OF THE FOREGOING (COLLECTIVELY"AS AVAILABLE" BASIS, THE “PROVIDER”) MAKE UNLESS OTHERWISE SPECIFIED IN WRITING. SUFS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SUFS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO BUYER THROUGH THE SUFS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. BUYER EXPRESSLY AGREES THAT HIS/HER USE OF THE SUFS SERVICES IS AT BUYER’S SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, SUFS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO . SUFS DOES NOT WARRANT THAT THE SUFS SERVICES, SERVICE INFORMATION, CONTENT, THIRD PARTY SERVICESMATERIALS, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING PRODUCTS (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ON AN “AS ISTHROUGH THE SUFS SERVICES, AS AVAILABLE” BASISSUFS’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SUFS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF TO THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FULL EXTENT PERMISSIBLE BY LAW, SUFS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE ANY SUFS SERVICE, OR RELIABLE, (iv) THE QUALITY OF FROM ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER MATERIAL THAT SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONSANY SUFS SERVICE, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS INCLUDING, BUT NOT LIMITED TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. SUFS WILL NOT BE LIABLE FOR ANY PRODUCTS THAT BECOME LOST, STOLEN, OR CONSEQUENTIAL DAMAGES ARISING OUT OF DAMAGED DURING OR UPON DELIVERY FROM THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR SELLER TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREBUYER.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES SOFTWARE IS PROVIDED 'AS IS' WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR OF A PARTICULAR PURPOSE. MEDICOLLECTOR, WITH RESPECT TO LLC, makes no warranty that the Software will meet your requirements or operate under your specific conditions. MEDICOLLECTOR, LLC, makes no warranty that operation of the Software will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELYSOFTWARE TO MEET YOUR REQUIREMENTS. MEDICOLLECTOR, LLC, WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE “OFFERINGS”)LOSS OF DATA ON ANY COMPUTER OR STORAGE DEVICE. THE OFFERINGS ARE MADE AVAILABLE UNDER NO CIRCUMSTANCES SHALL MEDICOLLECTOR, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS XXXX, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSOFTWARE, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE OR OTHER LIABILITY ARISING OUT BREACH OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWARRANTY, OR ERROR FREETHE NEGLIGENCE OF MEDICOLLECTOR, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATIONLLC, OR ANY OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN MEDICOLLECTOR, LLC, IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS MEDICOLLECTOR, PROVIDER’S LIABILITY LLC'S ABILITY TO YOU FOR DISCLAIM ANY CLAIM OR CAUSE OF ACTION IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAW, WHICHEVER IS MOREPERMITTED.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY SIDELINESOFT, OWNERSSIDELINESOFT MAKES NO OTHER WARRANTIES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT. Sidelinesoft makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Sidelinesoft makes no warranty that operation of the Software Product will be secure, WITH RESPECT TO error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE SOFTWARE PRODUCT TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES UNDER NO CIRCUMSTANCES SHALL SIDELINESOFT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECTINDIRECT, INDIRECTCONSEQUENTIAL, SPECIAL, INCIDENTAL, SPECIALPUNITIVE, OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE PERFORMANCE, INSTALLATION, USE OF OR INABILITY TO USE THE OFFERINGSSOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF SIDELINESOFT OR ANY OTHER PARTY, EVEN IF WE HAVE BEEN SIDELINESOFT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS SIDELINESOFT'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. 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 Sidelinesoft. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, WHICHEVER IS MOREabuse, neglect, alteration, improper installation, or a virus. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Sidelinesoft harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE 9.1 No Warranty: YOU AGREE THAT YOUR USE OF THE FOREGOING (COLLECTIVELYSERVICES AND ANY ATLANTIC BROADBAND EQUIPMENT IS AT YOUR SOLE RISK. THE SERVICES AND ATLANTIC BROADBAND EQUIPMENT ARE PROVIDED ON AN “AS-IS” BASIS, THE “PROVIDER”) MAKE NO WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, PURPOSE AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”)MERCHANTABILITY. THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR ATLANTIC BROADBAND DOES NOT WARRANT UNINTERRUPTED USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSERVICES OR THAT THE SERVICES OR ATLANTIC BROADBAND EQUIPMENT WILL OPERATE AS REQUIRED, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. EXCEPT AS PROVIDED BELOW, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE SOLE REMEDY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SERVICE INTERRUPTION SHALL BE LIMITED TO $50 A PRORATED CREDIT UPON REQUEST ONLY IN THE EVENT OF COMPLETE FAILURE OF THE SERVICES DUE TO A TECHNICAL MALFUNCTION FOR TWENTY-FOUR (24) CONSECUTIVE HOURS OR MORE. TO QUALIFY FOR SUCH CREDIT, YOU MUST REQUEST THE CREDIT FROM ATLANTIC BROADBAND WITHIN FIFTEEN (15) DAYS OF THE FAILURE. CREDITS SHALL BE APPLIED ONLY AGAINST CURRENT AND FUTURE FEES PAYABLE BY YOU FOR THE SERVICES AND ANY CREDITS PROVIDED BY ATLANTIC BROADBAND ARE AT OUR SOLE DISCRETION AND IN NO EVENT SHALL CONSTITUTE OR BE CONSTRUED AS A COURSE OF CONDUCT BY ATLANTIC BROADBAND. ATLANTIC BROADBAND DOES NOT WARRANT THAT THE SERVICES OR ATLANTIC BROADBAND EQUIPMENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATLANTIC BROADBAND DOES NOT WARRANT THAT ANY INFORMATION, DATA OR FILES YOU SEND OR RECEIVE VIA THE SERVICES WILL BE FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO SUCH INFORMATION, DATA OR FILES. ATLANTIC BROADBAND DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREYOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY Ampersand Type Foundry, OWNERSAmpersand Type Foundry MAKES NO OTHER WARRANTIES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. Ampersand Type Foundry makes no warranty that the Font Software will meet your requirements or operate under your specific conditions of use. Ampersand Type Foundry makes no warranty that operation of the Software Product will be secure, WITH RESPECT TO THE SERVICESerror free, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”)or free from interruption. THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN The Font Software and related documentation is provided “AS IS” and without warranty of any kind. YOU MUST DETERMINE WHETHER THE FONT SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FONT SOFTWARE TO MEET YOUR REQUIREMENTS. AMPERSAND TYPE FOUNDRY, AS AVAILABLE” BASISWILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. YOUR UNDER NO CIRCUMSTANCES SHALL AMPERSAND TYPE FOUNDRY , ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSFONT SOFTWARE, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE OR OTHER LIABILITY ARISING OUT BREACH OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWARRANTY, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE NEGLIGENCE OF THE OFFERINGS WILL BE ACCURATE Ampersand Type Foundry OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN AMPERSAND TYPE FOUNDRY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS AMPERSAND TYPE FOUNDRYS ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAW, WHICHEVER IS MOREPERMITTED.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY GT, OWNERSGT MAKES NO OTHER WARRANTIES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. GT makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. GT makes no warranty that operation of the Software Product will be secure, WITH RESPECT TO error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELYSOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. GT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE “OFFERINGS”)LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. THE OFFERINGS ARE MADE AVAILABLE UNDER NO CIRCUMSTANCES SHALL GT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSOFTWARE PRODUCT, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE OR OTHER LIABILITY ARISING OUT BREACH OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWARRANTY, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE NEGLIGENCE OF THE OFFERINGS WILL BE ACCURATE GT OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN GT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS GT'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. 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 GT. GT reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If GT is unable to provide a replacement or substitute Software Product or corrections to the Software Product, WHICHEVER IS MOREyour sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by GT to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold GT harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Disclaimer of Warranties and Limitation of Liability. WE THE SERVICE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, THE EQUIPMENT ARE PROVIDED ON AN "AS IS" AND ALL EMPLOYEES "AS AVAILABLE" BASIS. WAVE AND LICENSORS OF EACH AND EVERY ONE ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OF THE FOREGOING (COLLECTIVELYSERVICE, THAT THE “PROVIDER”) SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WAVE AND ITS SUPPLIERS MAKE NO EXPRESS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE AND THE EQUIPMENT AND DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WAVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS AND VENDORS (COLLECTIVELY "WAVE PARTIES") WILL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS IN CONNECTION WITH RESPECT THE SERVICE AND THE EQUIPMENT RESULTING FROM: (I) AVAILABILITY OR QUALITY WITHIN THE COVERAGE AREA REGARDLESS OF THE CAUSE(S) OF THE PROBLEM; (II) OTHER USERS ACCESSING SUBSCRIBER DEVICE; (III) VARIATIONS IN THE SPEED OR BANDWIDTH AVAILABILITY TO EACH DEVICE CONNECTED TO THE SERVICESWAVE NETWORK; (IV) SECURITY BREACHES; (V) EAVESDROPPING; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; (VI) SUBSCRIBER'S RELIANCE ON OR USE OF THE SERVICE; (VII) INTERRUPTIONS (INCLUDING DUE TO MAINTENANCE), DELETION OF FILES, ERRORS, OR DEFECTS REGARDLESS OF WHETHER SUBSCRIBER'S DATA IS MAINTAINED ON THE WAVE SERVERS OR SUBSCRIBER DEVICE(S); (VIII) DELAYS IN OPERATION, TRANSMISSIONS, CORRUPTION OF DATA, INVALID DESTINATIONS OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; (IX) USE OF THE SERVICE CONTENT, BY SUBSCRIBER OR A THIRD PARTY SERVICESTHAT INFRINGES A THIRD PARTY'S COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OTHER INTELLECTUAL PROPERTY, PROPRIETARY, OR CONTRACTUAL RIGHTS; OR (X) ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY THIRD PARTY CONTENTPRODUCTS, AND ANYTHING RELATED TO EACH AND ALL SERVICES OR INFORMATION OR THE MERCHANTABILITY OF SUCH ITEMS (INCLUDING ANY SUCH ITEMS OFFERED THROUGH CO-BRANDED WEB SITES LINKED FROM THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”WAVE WEB SITES). THE OFFERINGS ARE MADE AVAILABLE WAVE PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR (I) SUBSCRIBER FAILURE TO YOU ON AN “AS ISPROPERLY INSTALL, AS AVAILABLE” BASIS. YOUR USE OR OPERATE THE EQUIPMENT OR (II) ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY OF SUBSCRIBER'S DEVICES, SOFTWARE, FILES, DATA, PERIPHERALS OR PROPERTY DUE TO SUBSCRIBER'S INSTALLATION, ATTEMPTED INSTALLATION, USE, REPAIR OR REMOVAL OF THE OFFERINGS IS AT YOUR SOLE EQUIPMENT. THE FOREGOING LIMITATIONS APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE, AND GROSS NEGLIGENCE OF THE WAVE PARTIES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ANY WAVE PARTY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. SUBSCRIBER'S EXCLUSIVE RISKAND ONLY REMEDIES UNDER THE AGREEMENT ARE AS EXPRESSLY SET FORTH IN THE AGREEMENT. PROVIDER DISCLAIMS RESPONSIBILITY THE CUMULATIVE LIABILITY OF ANY WAVE PARTY TO SUBSCRIBER FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM AND ALL CLAIMS RELATING TO THE USE OF THE OFFERINGS SERVICE AND THE EQUIPMENT WILL BE ACCURATE OR RELIABLE, (iv) NOT EXCEED THE QUALITY TOTAL AMOUNT OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH SERVICE FEES PAID DURING THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTEDTHREE MONTHS IMMEDIATELY PRECEDING A CLAIM. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERSCONTRARY, AFFILIATESNO WAVE PARTIES WILL, OPERATORSUNDER ANY CIRCUMSTANCES, OR PARENT COMPANIES SHALL BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECTCONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR RELATED TO THE GREATEST EXTENT PERMITTED BY LAWAGREEMENT, WHICHEVER IS MOREINCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF BUSINESS. SUBSCRIBER MAY HAVE OTHER RIGHTS UNDER CERTAIN LAWS IN CERTAIN STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

Disclaimer of Warranties and Limitation of Liability. WE YOU UNDERSTAND AND OUR AFFILIATED COMPANIESAGREE THAT THE ELECTRONIC SERVICES ARE PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, OWNERSTHE CREDIT UNION ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, AGENTSDELETION, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE EXPRESSLY AGREE THAT USE OF THE FOREGOING (COLLECTIVELYELECTRONIC SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE “PROVIDER”) MAKE NO CREDIT UNION DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, PURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY SERVICES, THIRD PARTY CONTENTRIGHTS, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER CREDIT UNION MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, ELECTRONIC SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS RELIABILITY OF ITS CONTENTANY INFORMATION OBTAINED THROUGH THE ELECTRONIC SERVICES, THE ACCURACY OF ANY INFORMATION RETRIEVED BY YOU FROM THE ACCOUNTS OR THAT THE ELECTRONIC SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NEITHER WE NOR OUR PARTNERSEXCEPT AS DESCRIBED IN THIS AGREEMENT, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL THE CREDIT UNION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF THE ANY KIND RESULTING FROM YOUR USE OF OR YOUR INABILITY TO USE THE OFFERINGSELECTRONIC SERVICES, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY YOU FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ELECTRONIC SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSION OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE THE CREDIT UNION HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORE.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, THE AMAZON SERVICES AND ALL EMPLOYEES INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND LICENSORS OF EACH OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES ARE PROVIDED BY AMAZON ON AN “AS IS” AND EVERY ONE OF THE FOREGOING (COLLECTIVELY“AS AVAILABLE” BASIS, THE “PROVIDER”) MAKE UNLESS OTHERWISE SPECIFIED IN WRITING. AMAZON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AMAZON SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AMAZON SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AMAZON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO . AMAZON DOES NOT WARRANT THAT THE AMAZON SERVICES, SERVICE INFORMATION, CONTENT, THIRD PARTY SERVICESMATERIALS, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING PRODUCTS (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ON AN “AS ISTHROUGH THE AMAZON SERVICES, AS AVAILABLE” BASISAMAZON’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AMAZON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY AMAZON WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE ANY AMAZON SERVICE, OR RELIABLE, (iv) THE QUALITY OF FROM ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER MATERIAL THAT SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONSANY AMAZON SERVICE, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS INCLUDING, BUT NOT LIMITED TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 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 CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY LIMITATIONS MAY NOT APPLY TO USE THE OFFERINGSYOU, EVEN IF WE AND YOU MIGHT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREADDITIONAL RIGHTS.

Disclaimer of Warranties and Limitation of Liability. WE THE SERVICE AND OUR AFFILIATED COMPANIESTHE EQUIPMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MCEC FIBER, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, INC. AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OF THE FOREGOING (COLLECTIVELYSERVICE, THAT THE “PROVIDER”) SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCEC FIBER, INC. AND ITS SUPPLIERS MAKE NO EXPRESS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE AND THE EQUIPMENT AND DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. a. MCEC FIBER, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS AND VENDORS (COLLECTIVELY "MCEC FIBER, INC. PARTIES") WILL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS IN CONNECTION WITH RESPECT THE SERVICE AND THE EQUIPMENT RESULTING FROM: (I) AVAILABILITY OR QUALITY WITHIN THE COVERAGE AREA REGARDLESS OF THE CAUSE(S) OF THE PROBLEM; (II) OTHER USERS ACCESSING SUBSCRIBER DEVICE; (III) VARIATIONS IN THE SPEED OR BANDWIDTH AVAILABILITY TO EACH DEVICE CONNECTED TO THE SERVICESMCEC FIBER, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL INC. NETWORK; (IV) SECURITY BREACHES; (V) EAVESDROPPING; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE FOREGOING SERVICE; (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU VI) SUBSCRIBER’S RELIANCE ON AN “AS IS, AS AVAILABLE” BASIS. YOUR OR USE OF THE OFFERINGS SERVICE; (VII) INTERRUPTIONS (INCLUDING DUE TO MAINTENANCE), DELETION OF FILES, ERRORS, OR DEFECTS REGARDLESS OF WHETHER SUBSCRIBER’S DATA IS AT YOUR SOLE AND EXCLUSIVE RISKMAINTAINED ON THE MCEC FIBER, INC. PROVIDER DISCLAIMS RESPONSIBILITY FOR SERVERS OR SUBSCRIBER DEVICE(S); (VIII) DELAYS IN OPERATION, TRANSMISSIONS, CORRUPTION OF DATA, INVALID DESTINATIONS OR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR PERFORMANCE OF THE SERVICE; (IX) USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY SERVICE BY SUBSCRIBER OR A THIRD PARTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTSINFRINGES A THIRD PARTY'S COPYRIGHT, ( i) THE OFFERINGS WILL BE UNINTERRUPTEDPATENT, TIMELYTRADEMARK, SECURETRADE SECRET, CONFIDENTIALITY, PRIVACY, OTHER INTELLECTUAL PROPERTY, PROPRIETARY, OR ERROR FREECONTRACTUAL RIGHTS; OR (X) ACCURACY, ( iCOMPLETENESS, AND USEFULNESS OF ANY THIRD PARTY PRODUCTS, SERVICES OR INFORMATION OR THE MERCHANTABILITY OF SUCH ITEMS (INCLUDING ANY SUCH ITEMS OFFERED THROUGH CO-BRANDED WEB SITES LINKED FROM THE MCEC FIBER, INC. WEB SITES). b. THE MCEC FIBER, INC. PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR (I) SUBSCRIBER FAILURE TO PROPERLY INSTALL, USE OR OPERATE THE RESULTS THAT MAY BE OBTAINED FROM EQUIPMENT OR (II) ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY OF SUBSCRIBER’S DEVICES, SOFTWARE, FILES, DATA, PERIPHERALS OR PROPERTY DUE TO SUBSCRIBER’S INSTALLATION, ATTEMPTED INSTALLATION, USE, REPAIR OR REMOVAL OF THE EQUIPMENT. c. THE FOREGOING LIMITATIONS APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF THE MCEC FIBER, INC. PARTIES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ANY MCEC FIBER, INC. PARTY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. SUBSCRIBER’S EXCLUSIVE AND ONLY REMEDIES UNDER THE AGREEMENT ARE AS EXPRESSLY SET FORTH IN THE AGREEMENT. d. THE CUMULATIVE LIABILITY OF ANY MCEC FIBER, INC. PARTY TO SUBSCRIBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE OFFERINGS SERVICE AND THE EQUIPMENT WILL BE ACCURATE OR RELIABLE, (iv) NOT EXCEED THE QUALITY TOTAL AMOUNT OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH SERVCE FEES PAID DURING THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS THREE MONTHS IMMEDIATELY PRECEDING A CLAIM. e. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENTCONTRARY, NO MCEC FIBER, INC. NEITHER WE NOR OUR PARTNERSPARTIES WILL, AFFILIATESUNDER ANY CIRCUMSTANCES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECTCONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR RELATED TO THE GREATEST EXTENT PERMITTED BY LAWAGREEMENT, WHICHEVER IS MOREINCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF BUSINESS. f. SUBSCRIBER MAY HAVE OTHER RIGHTS UNDER CERTAIN LAWS IN CERTAIN STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, THE ARGO SERVICES AND ALL EMPLOYEES INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND LICENSORS OF EACH OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ARGO SERVICES ARE PROVIDED BY ARGO MEDIA ON AN "AS IS" AND EVERY ONE OF THE FOREGOING (COLLECTIVELY"AS AVAILABLE" BASIS, THE “PROVIDER”) MAKE UNLESS OTHERWISE SPECIFIED IN WRITING. ARGO MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ARGO SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ARGO SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ARGO SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, ARGO MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO . ARGO MEDIA DOES NOT WARRANT THAT THE ARGO SERVICES, SERVICE INFORMATION, CONTENT, THIRD PARTY SERVICESMATERIALS, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING PRODUCTS (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ON AN “AS ISTHROUGH THE ARGO SERVICES, AS AVAILABLE” BASISARGO'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ARGO MEDIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF TO THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FULL EXTENT PERMISSIBLE BY LAW, ARGO MEDIA WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE ANY ARGO SERVICE, OR RELIABLE, (iv) THE QUALITY OF FROM ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER MATERIAL THAT SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONSANY ARGO SERVICE, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS INCLUDING, BUT NOT LIMITED TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, OR AND CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSDAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT UNLESS OTHERWISE SPECIFIED IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREWRITING.

Disclaimer of Warranties and Limitation of Liability. WE a. VORT strives to make the Service a great offering, but there are certain things that VORT cannot guarantee. THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, VORT AND OUR AFFILIATED COMPANIESANY OFFICER, OWNERSDIRECTOR, AGENTSEMPLOYEE, THIRD PARTY SERVICE PROVIDERSSUBCONTRACTOR, THIRD PARTY CONTENT PROVIDERSAGENT, SUCCESSOR, OR ASSIGN OF VORT OR AFFILIATES, PARTNERS, SUBSIDIARIES, SUPPLIERS AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING DISTRIBUTORS (COLLECTIVELY, THE “PROVIDERVORT PARTIES”) MAKE NO WARRANTIES OF ANY KINDWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ABOUT THE SERVICE. THE SERVICE IS PROVIDED "AS IS" AND “WITH ALL FAULTS“. THE VORT PARTIES ALSO DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, MEETING ANY SPECIFIC REQUIREMENTS, ERRORS, ACCURACY, RELIABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON- INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, NOT CONTAINED IN THESE THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY THE VORT PARTIES. THE VORT PARTIES MAKE NO WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE SERVICES, SERVICE CONTENT, ANY THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO SOFTWARE USED BY YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS SERVICE. b. TO THE QUALITY AND FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL VORT PARTIES BE LIABLE FOR ANY DIRECTINDIRECT, INDIRECTSPECIAL, INCIDENTAL, SPECIALPUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OR ANY LOSS OF THE USE USE, DATA, BUSINESS, OR PROFITS, GOODWILL, INTANGIBLE LOSSES REGARDLESS OF LEGAL THEORY, WHETHER OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE NOT VORT HAS BEEN ADVISED WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU AGREE THE MAXIMUM COMPENSATORY DAMAGES (INDIVIDUALLY OR IN THE AGGREGATE) FOR ALL CLAIMS RELATING TO THE SERVICE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY WILL BE PAYABLE TO YOU FOR ANY CLAIM OR CAUSE OF ACTION BY THE VORT PARTIES SHALL BE LIMITED TO THE LOWER OF THE LAST PAID INVOICE OR $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORE500.

Disclaimer of Warranties and Limitation of Liability. WE THE INFORMATION AND OUR AFFILIATED COMPANIESMATERIALS CONTAINED IN THE WEB SITE, OWNERSINCLUDING TEXT, AGENTSGRAPHICS, THIRD PARTY SERVICE PROVIDERSLINKS OR OTHER ITEMS ARE PROVIDED "AS IS", THIRD PARTY CONTENT PROVIDERS"AS AVAILABLE". GM FINANCIAL DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND ALL EMPLOYEES MATERIALS AND LICENSORS OF EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE MATERIALS. NO WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS IMPLIED, EXPRESSED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. GM FINANCIAL DOES NOT WARRANT OR REPRESENT THAT THE WEB SITE OR ANY SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERRORFREE MANNER. THIS SITE IS CONTROLLED, OPERATED AND ADMINISTERED BY GM FINANCIAL FROM ITS OFFICES WITHIN THE UNITED STATES. GM FINANCIAL MAKES NO REPRESENTATION THAT MATERIALS ON THIS SITE ARE APPROPRIATE OR AVAILABLE FOR USE AT OTHER LOCATIONS OUTSIDE OF THE UNITED STATES. COMPLIANCE WITH ALL LOCAL LAWS IN NO EVENT WILL GM FINANCIAL, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE DIRECT OR IMPLIED WARRANTIES OF MERCHANTABILITY INDIRECT, SPECIAL OR FITNESS FOR A PARTICULAR PURPOSEPUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH RESPECT THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO THE SERVICESUSE BY ANY PARTY, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE ANY FAILURE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTSPERFORMANCE, ( i) THE OFFERINGS WILL BE UNINTERRUPTEDERROR, TIMELYOMISSION, SECUREINTERRUPTION, DEFECT, DELAY IN OPERATION OR ERROR FREETRANSMISSION, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE COMPUTER VIRUS OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, LINE OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSSYSTEM FAILURE, EVEN IF WE HAVE BEEN GM FINANCIAL, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. YOU AGREE BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. USER HEREBY WAIVES CALIFORNIA CIVIL CODE §1542, WHICH STATES THAT: "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." USER ALSO WAIVES ANY PROVISION OF THE STATUTORY OR NONSTATUTORY LAW OF ANY JURISDICTION THAT IS SIMILAR IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY WORDING OR EFFECT TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORECALIFORNIA CIVIL CODE §1542.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD NO PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO ANY MATTER NOT SET FORTH IN THIS AGREEMENT, WITHOUT LIMITATION, WARRANTIES OF TITLE OR INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, PURPOSE WITH RESPECT TO CONFIDENTIAL INFORMATION, INVENTIONS, TECHNOLOGY, MASK WORKS, SOFTWARE, TECHNICAL DATA, OR THAT THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL USE OF ANY OF THE FOREGOING (COLLECTIVELYWILL NOT INFRINGE ANY PATENT, THE “OFFERINGS”)COPYRIGHT, MASK WORK OR OTHER PROPRIETARY RIGHT. THE OFFERINGS ARE MADE AVAILABLE NO PARTY SHALL BE HELD TO YOU ANY LIABILITY WITH RESPECT TO ANY CLAIM ARISING FROM OR ON AN “AS IS, AS AVAILABLE” BASIS. YOUR ACCOUNT OF A MEMBER'S USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE FOREGOING REGARDLESS OF THE OFFERINGS WILL BE ACCURATE FORM OF ACTION, WHETHER IN CONTRACT OR RELIABLETORT, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTEDEXCLUDING GROSS NEGLIGENCE AND WILLFUL MISCONDUCT. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY EXTENT THAT A PARTY GRANTS A SUB-LICENSE OR OTHERWISE TRANSFERS ANY TECHNOLOGY, INVENTION, SOFTWARE, MASK WORK OR TECHNICAL DATA, THAT PARTY THEREBY INDEMNIFIES AND HOLDS HARMLESS THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR OTHER PARTIES WITH RESPECT TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES CLAIM ARISING OUT OF THE USE SUB-LICENSE OR TRANSFER. IN NO EVENT WILL ANY PARTY BE LIABLE TO ANOTHER PARTY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE WHATSOEVER. INSOFAR AS ANY CONFIDENTIAL INFORMATION, INVENTION, MASK WORKS OR INABILITY TO USE TECHNICAL DATA COVERED BY THIS AGREEMENT SHALL HAVE ORIGINATED, IN WHOLE OR IN PART, FROM A MEMBER OR OTHER ORGANIZATIONS SIMILARLY AFFILIATED AS MEMBER, THEIR STAFF, FACULTY, STUDENTS, EMPLOYEES AND USED, SUB-LICENSED OR TRANSFERRED BY MEMBER, THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU PARTIES HEREBY AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S THIS DISCLAIMER AND LIMITATION OF LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR EXTEND TO THE GREATEST EXTENT PERMITTED BY LAWPARTICIPATING INSTITUTIONS AND OTHER ORGANIZATIONS SIMILARLY AFFILIATED AS MEMBERS. For purposed of this Agreement, WHICHEVER IS MORE.the following definitions shall apply:

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY CUPSTEC, OWNERSCUPSTEC MAKES NO OTHER WARRANTIES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. CUPSTEC makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. CUPSTEC makes no warranty that operation of the Software Product will be secure, WITH RESPECT TO error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELYSOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. CUPSTEC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE “OFFERINGS”)LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. THE OFFERINGS ARE MADE AVAILABLE UNDER NO CIRCUMSTANCES SHALL CUPSTEC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSOFTWARE PRODUCT, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE OR OTHER LIABILITY ARISING OUT BREACH OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWARRANTY, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE NEGLIGENCE OF THE OFFERINGS WILL BE ACCURATE CUPSTEC OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN CUPSTEC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS CUPSTEC'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. 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 CUPSTEC. CUPSTEC reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If CUPSTEC is unable to provide a replacement or substitute Software Product or corrections to the Software Product, WHICHEVER IS MOREyour sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by CUPSTEC to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold CUPSTEC harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Disclaimer of Warranties and Limitation of Liability. WE YOU UNDERSTAND AND OUR AFFILIATED COMPANIESAGREE THAT THE ELECTRONIC SERVICES ARE PROVIDED “AS-IS.” YOU UNDERSTAND AND AGREE THAT USE OF THE ELECTRONIC SERVICES IS AT YOUR SOLE RISK, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERSTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE DISCLAIM ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY SERVICES, THIRD PARTY CONTENTRIGHTS, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES WE MAKE NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, ELECTRONIC SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS RELIABILITY OF ITS CONTENT. NEITHER WE NOR OUR PARTNERSANY INFORMATION OBTAINED THROUGH THE ELECTRONIC SERVICES, AFFILIATES, OPERATORSTHE ACCURACY OF ANY INFORMATION RETRIEVED BY YOU FROM THE ACCOUNTS, OR PARENT COMPANIES SHALL THAT THE ELECTRONIC SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF THE ANY KIND RESULTING FROM YOUR USE OF OF, OR YOUR INABILITY TO USE USE, THE OFFERINGSELECTRONIC SERVICES, ANY INACCURACY OF ANY INFORMATION, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ELECTRONIC SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSION OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESIn this section, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW“Card” refers to your United Local Credit Union Visa Debit Card and any duplicates, WHICHEVER IS MORErenewals, or substitutions the Credit Union issues to you, unless otherwise noted. The disclosures in this section apply to the use of your Card to conduct EFTs, including, but not limited to, use of the Card at ATMs and POS terminals. By use of your Card at ATMs and participating POS terminals, you authorize us to make withdrawals from your designated account for cash advances and/or purchases. When you use your Card, you must follow the procedures established by the merchant or financial institution. You may be asked to sign a sales slip, withdrawal slip, or other document, or you may be asked to provide only your Card number. Some merchants impose a fee for Card transactions.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESEXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELYOR ANY SEPARATE LICENSE AGREEMENT, THE “PROVIDER”) MAKE NO WARRANTIES SYSTEM, LICENSE, FEATURES, DATA AND SOFTWARE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT ACCURACY, OMIS SIONS, COMPLETENESS, CURRENTNESS AND DELAYS. AS THE SYSTEM IS DESIGNED TO THE SERVICES, SERVICE CONTENT, CREATE SEPARATE THIRD PARTY SERVICESCONFIRMATIONS OF COURT AND RELATED FILINGS, RECORDINGS AND SERVICES WITHOUT THE CONFIRMATION OR INPUT OF LICENSOR AND AS THE SYSTEM CONTAINS INFORMATION DERIVED FROM OR GENERATED BY THIRD PARTY CONTENTPARTIES, LICENSOR UNDERTAKES AND ANYTHING RELATED ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE FAILURE OF ANY FILING OR OTHER DOCUMENT TO EACH AND ALL BE PROPERLY FILED, SERVED OR RECORDED, OR FOR THE ACCURACY OF ANY INFORMATION ON, AVAILABLE OR PROVIDED BY THE FOREGOING (COLLECTIVELY, SYSTEM OR SOFTWARE OR FOR THE “OFFERINGS”)CORRECTNESS OF ANY DATA. THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE LICENSOR FURTHER TAKES NO RESPONSIBILITY AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL NOT BE LIABLE FOR THE UNAVAILABILITY AT ANY DIRECTTIME OF THE SYSTEM, INDIRECTANY OF THE SYSTEMS FEATURES, SOFTWARE OR DATA. THE SUBSCRIBER’S EXCLUSIVE REMEDY AND LICENSORS, ITS AFFILIATES AND/OR CONTRIBUTORS’ ENTIRE AND EXCLUSIVE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES AGAINST OR RELATING TO LICENSOR’S, SYSTEM, FEATURES, DATA OR SOFTWARE WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGRATE AMOUNT OF LICENSOR’S CHARGES PAID BY SUBSCRIBER RELATIVE TO THE SPECIFIC SYSTEMS FEATURE WHICH IS THE BASIS OF THE CLAIM(S) DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL LICENSOR, ITS AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY CLAIMS RELATING IN ANY WAY TO SUBSCRIBER’S INABILITY OR FAILURE TO PERFORM LEGAL OR OTHER FILINGS, RECORDINGS, SERVICE, TRANSMISSIONS, RESEARCH OR RELATED WORK OR TO PERFORM SUCH LEGAL OR OTHER FILINGS, RECORDINGS, SERVICE, RESEARCH OR TO WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY LICENSOR, ITS AFFILIATES OR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY SUSCRIBER IN RELAINCE UPON THE SYSTEM OR ITS FEATURES, DATA OR SOFTWARE AND ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIALINDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO SUBSCRIBER’S RIGHTS UNDER THIS AGREEMENT OR USE OF, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSSYSTEM, ITS FEATURES, DATA OR SOFTWARE, EVEN IF WE LICENSOR, ITS AFFILIATES AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, OR DELIVERING BY LICENSOR, ITS AFFILIATES OR CONTRIBUTORS OF ANY INFORMATION AVAILABLE ON THE SYSTEM. YOU AGREE THAT IN ALL CIRCUMSTANCESFURTHER, PROVIDER’S LICENSOR, ITS AFFILIATES AND CONTRIBUTORS SHALL HAVE NO LIABILITY WHATSOEVER TO YOU SUBSCRIBER FOR ANY CLAIM CLAIM(S) RELATING IN ANY WAY TO ANY THIRD PARTY FEATURE OR CAUSE RELIANCE. SUBSCRIBER ALSO ACKNOWLEDGES THAT DATA AND OTHER INFORMATION ON THE SYSTEM MAY INCLUDE VIEWS, OPINIONS, ADVICE AND RECOMMENDATIONS OF ACTION INDIVIDUALS OR ORGANIZATIONS INDEPENDENT OF LICENSOR,ITS AFFILIATES AND CONTRIBUTORS, AND THAT LICENSOR, ITS AFFILIATES AND CONTRIBUTORS DOES NOT ENDORSE, GIVE OR SUPPORT SUCH VIEWS, OPINIONS, ADVICE OR RECOMMENDATIONS OF ANY KIND. LEGAL AND RELATED ADVICE, OPINIONS, RECOMMENDATIONS SHOULD ONY BE OBTAINED AND RELIED UPON FROM A LAWYER DULY ADMITTED TO PRACTICE AND IN GOOD STANDING IN THE JURISDICTION IN WHICH SUCH ADVICE IS SOUGHT. LICENSOR, AND ITS AFFILIATES AND CONTRIBUTORS ARE NOT IN THE BUSINESS OF AND ARE NOT QUALIFIED TO RENDER LEGAL ADVICE, OPINIONS AND RECOMMENDATIONS. AS USED IN THIS AGREEMENT, "AFFILIATES" MEANS ENTITIES WHICH CONTROL, ARE CONTROLLED BY OR ARE UNDER COMMON CONTROL WITH LICENSOR. AGREEMENTS WITH PROCESS SERVERS AND RELATED THIRD PARTIES ARRANGED THROUGH OR MADE ACCESSABLE BY THE SYSTEM ARE SEPARATE AGREEMENTS BETWEEN THE SUBSCRIBER AND LICENSOR, AND ITS AFFILIATES AND CONTRIBUTORS, SHALL BE LIMITED HAVE NO RESPONSIBILITY FOR THE PERFORMANCE OF ANY SUCH THIRD PARTY IN THE DELIVERY OF SERVICES BY SUCH PARTY OR FOR THE FITNESS OF ANY SUCH PARTY TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORECOMPLETE ANY SUCH SERVICES.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY XXXXXX, OWNERSXXXXXX MAKES NO OTHER WARRANTIES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. XXXXXX makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. XXXXXX makes no warranty that operation of the Software Product will be secure, WITH RESPECT TO error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELYSOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. XXXXXX WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE “OFFERINGS”)LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. THE OFFERINGS ARE MADE AVAILABLE UNDER NO CIRCUMSTANCES SHALL XXXXXX, ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORESOFTWARE PRODUCT.

Disclaimer of Warranties and Limitation of Liability. WE THE COUNTY’S GOODS AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT ARE PROVIDED “PROVIDER”) MAKE NO WARRANTIES AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. THE SUBSCRIBER’S EXCLUSIVE REMEDY AND THE COUNTY’S ENTIRE LIABILITY HEREUNDER, WITH RESPECT IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE SERVICESCOUNTY’S DATA BASES AND, SERVICE CONTENTOR ELECTRONIC DATA COMPILATIONS, THIRD PARTY SERVICESWHICH ARE MADE AGAINST THEM, THIRD PARTY CONTENTINDIVIDUALLY, AND ANYTHING RELATED OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO EACH AND ALL THE AMOUNT OF THE FOREGOING (COLLECTIVELY, REMOTE ACCESS CHARGES PAID BY THE “OFFERINGS”). SUBSCRIBER RELATIVE TO THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE PERIOD OF OCCURRENCE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY EVENTS WHICH ARE THE BASIS OF THE CLAIM(S); PROVIDED, HOWEVER, THAT THE COUNTY SHALL HAVE NO LIABILITY WHATSOEVER TO THE SUBSCRIBER FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR CLAIM(S) RELATING IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT ANY WAY TO (i1) THE OFFERINGS WILL MEET YOUR REQUIREMENTSSUBSCRIBER’S INABILITY OR FAILURE TO PERFORM LEGAL, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATIONPROFESSIONAL, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH RESEARCH OR RELATED WORK OR TO PERFORM SUCH WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR COUNTY; OR (v2) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY LOST PROFITS OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERSOTHER CONSEQUENTIAL, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECTEXEMPLARY, INCIDENTAL, SPECIALINDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO THE SUBSCRIBER’S RIGHTS HEREUNDER OR USE OF, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE USE, THE OFFERINGSCOUNTY’S DATA BASES AND, OR ELECTRONIC DATA COMPILATIONS, EVEN IF WE HAVE THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESFURTHER, PROVIDER’S THE COUNTY SHALL HAVE NO LIABILITY WHATSOEVER TO YOU THE SUBSCRIBER FOR ANY CLAIM CLAIM(S) RELATING IN ANY WAY TO ANY DATA BASE AND, OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREELECTRONIC DATA COMPILATION.

Disclaimer of Warranties and Limitation of Liability. WE MOTOROLA DOES NOT WARRANT THAT THE PRE-RELEASE SOLUTION WILL MEET LICENSEE’S REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE. ON THE CONTRARY, THE PURPOSE OF THIS AGREEMENT IS TO PROVIDE FOR THE EVALUATION OF THE PRE-RELEASE SOLUTION. AS A RESULT, LICENSEE WAIVES ANY AND OUR AFFILIATED COMPANIESALL CLAIMS THAT IT MAY HAVE AGAINST MOTOROLA ARISING OUT OF THE PERFORMANCE OR NON-PERFORMANCE OF THE PRE-RELEASE SOLUTION. THE PRE-RELEASE SOLUTION, OWNERSINCLUDING ALL SOFTWARE, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERSHARDWARE, AND DOCUMENTATION, THEREFORE ARE PROVIDED “AS IS.” MOTOROLA DISCLAIMS ANY AND ALL EMPLOYEES REPRESENTATIONS AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELYWARRANTIES, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE PRE-RELEASE SOLUTION, WITHOUT LIMITATION, WARRANTIES OF TITLE OR INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT . Motorola does not assume and has no liability under this Agreement for (a) failure to deliver the Pre- Release Solution within a specified time period; (b) availability and delays in the delivery of the Pre- Release Solution; (c) any failure or interruption of the software and/or operation of the hardware; (d) damage caused by the software or hardware due directly or indirectly to causes beyond the control of Motorola; (e) maintenance and storage of data; or (f) disclosure of or failure to protect personally identifiable data. IN NO EVENT WILL MOTOROLA HAVE ANY LIABILITY TO THE SERVICES, SERVICE CONTENT, LICENSEE OR ANY THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSCLAIM, DAMAGELOSS OR DAMAGE OF ANY KIND, FAILURE INCLUDING BUT NOT LIMITED TO LOST PROFITS, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER LIABILITY SPECIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY PRE-RELEASE SOLUTION OR COMPLETENESS OF ITS CONTENTANY DATA, SOFTWARE OR HARDWARE RELATED THERETO OR USED IN CONNECTION THEREWITH. NEITHER WE NOR OUR PARTNERSNo representation or warranty regarding the Pre-Release Solution may be made without Motorola’s prior written consent, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREand any warranty or representation made by Licensee regarding the Pre-Release Solution will not constitute an obligation of Motorola.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY DS, OWNERSDS MAKES NO OTHER WARRANTIES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. DS makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. DS makes no warranty that operation of the Software Product will be secure, WITH RESPECT TO error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELYSOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. DS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE “OFFERINGS”)LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. THE OFFERINGS ARE MADE AVAILABLE UNDER NO CIRCUMSTANCES SHALL DS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSOFTWARE PRODUCT, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE OR OTHER LIABILITY ARISING OUT BREACH OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWARRANTY, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE NEGLIGENCE OF THE OFFERINGS WILL BE ACCURATE DS OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN DS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS DS'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. 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 DS. DS reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If DS is unable to provide a replacement or substitute Software Product or corrections to the Software Product, WHICHEVER IS MOREyour sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by DS to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold DS harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERSYOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND ALL EMPLOYEES THE INHERENT HAZARDS AND LICENSORS UNCERTAINTIES OF EACH AND EVERY ONE OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. THE FOREGOING (COLLECTIVELYCONTENT MATERIALS ON THIS WEBSITE ARE PROVIDED TO YOU "AS IS, THE “PROVIDER”) MAKE NO WARRANTIES AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. APT AND ITS AGENTS AND LICENSORS DO NOT WARRANT THE ACCURACY, EITHER EXPRESS OR IMPLIEDTIMELINESS, INCLUDINGCOMPLETENESS, WITHOUT LIMITATIONCURRENTNESS, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL PURPOSE OF THE FOREGOING (COLLECTIVELY, INFORMATION AVAILABLE THROUGH APT. NOR DO THEY GUARANTEE THAT THE “OFFERINGS”). WEBSITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE OFFERINGS ARE MADE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE WILL BE FREE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE VIRUSES OR OTHER LIABILITY ARISING OUT OF HARMFUL COMPONENTS. APT DOES NOT WARRANT OR IN CONNECTION WITH YOUR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM OF THE USE OF THE OFFERINGS WILL BE ACCURATE INFORMATION ON THIS WEBSITE OR RELIABLEIN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, (iv) THE QUALITY OF ANY PRODUCTSACCURACY, SERVICESTIMELINESS, INFORMATIONRELIABILITY OR OTHERWISE. YOU, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU AND NOT APT ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE COST OF THE OFFERINGS AND THE ACCURACY ALL NECESSARY MAINTENANCE, REPAIR OR COMPLETENESS OF CORRECTION. UNDER NO CIRCUMSTANCES SHALL APT OR ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, AGENTS OR PARENT COMPANIES SHALL LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND LOST PROFITS, IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF OF, (1) THE USE OF OR INABILITY TO USE THIS WEBSITE AND ITS CONTENT; (2) ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS WEBSITE; (3) ANY ERRORS OR OMISSIONS IN THE OFFERINGSCONTENT OR INFORMATION ON THE WEBSITE; OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF WE HAVE BEEN APT IS ADVISED OF THE POSSIBILITY THEREOF. IF YOU BECOME DISSATISFIED WITH THIS WEBSITE, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND APT AND THE WEBSITE WOULD NOT BE PROVIDED FREE OF CHARGE WITHOUT SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE THAT IN ALL CIRCUMSTANCESSUCH STATES, PROVIDER’S THE LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION APT, ITS AFFILIATES, AGENTS AND LICENSORS SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF APT OR ITS AFFILIATES, WHICHEVER IS MOREAGENTS OR LICENSORS EXCEED $100. YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT AND THAT THE DISCLAIMERS AND LIMITATION AND REMEDIES ARE REASONABLE.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES(a) EXCEPT AS EXPRESSLY SET FORTH IN THE STOCK PURCHASE AGREEMENT OR THIS AGREEMENT, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE THE LICENSE GRANT SET FORTH IN THIS AGREEMENT IS MADE ON AN AS IS BASIS WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING (COLLECTIVELYFOREGOING, THE “PROVIDER”) MAKE NO LICENSORS AND LICENSEE HEREBY DISCLAIM ALL WARRANTIES OF AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT WORKMANSHIP OR NON-INFRINGEMENT. (b) EXCEPT AS EXPRESSLY SET FORTH IN THE STOCK PURCHASE AGREEMENT, NEITHER PARTY SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE SERVICES, SERVICE CONTENT, OTHER PARTY OR ANY THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, SPECIALPUNITIVE OR EXEMPLARY DAMAGES OR LOSSES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY ECONOMIC LOSS, PROPERTY DAMAGE, PHYSICAL INJURY, LOST PROFITS OR CONSEQUENTIAL DAMAGES LOST SAVINGS ARISING OUT OF THE USE THIS AGREEMENT, REGARDLESS OF WHETHER ARISING UNDER BREACH OF CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR INABILITY TO USE THE OFFERINGSANY OTHER LEGAL THEORY OR CLAIM, EVEN IF WE HAVE THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM LOSS OR CAUSE OF ACTION SHALL BE LIMITED TO $50 DAMAGE OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREIF SUCH LOSS OR DAMAGE COULD HAVE BEEN REASONABLY FORESEEN.

Disclaimer of Warranties and Limitation of Liability. WE 8.1. THE PASSBY[ME] AND OUR AFFILIATED COMPANIESANY ADDITIONAL SERVICE ARE PROVIDED "AS IS". TO THE FULLEST EXTENT PERMITTED BY LAW, OWNERSEXCEPT AS EXPRESSLY STATED IN THIS XXXX, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MICROSEC DOES NOT MAKE NO WARRANTIES ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE, WITH RESPECT NON- INFRINGEMENT, LACK OF MALWARE, USAGE OR TRADE PRACTICE. USER IS RESPONSIBLE FOR MAINTAINING AND BACKING UP ANY STORED DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM MICROSEC OR THROUGH ACCESS TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR OR USE OF THE OFFERINGS IS AT YOUR SOLE SERVICES OF PASSBY[ME] SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE XXXX. 8.2. USER EXPRESSLY ACKNOWLEDGES AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSAGREES THAT, DAMAGETO THE EXTENT PERMITTED BY APPLICABLE LAW, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, PASSBY[ME] AND ANY SERVICES PERFORMED BY OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN ACCESSED THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE PASSBY[ME] IS AT THE USER’S SOLE RISK AND THAT YOU ASSUME THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENTUSER. 8.3. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST FULLEST EXTENT PERMITTED BY LAW, WHICHEVER EXCEPT FOR MICROSEC’S OR USER’S INDEMNIFICATION OBLIGATIONS, MICROSEC AND ITS AFFILIATES, SUPPLIERS, EMPLOYEES, PARTNERS, LICENSORS AND DISTRIBUTORS IS MORENOT LIABLE UNDER THIS XXXX FOR ANY (I) DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), OR (III) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF MICROSEC KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 8.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SOME FORM OF DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO THE USER. NOTWITHSTANDING THE FOREGOING, MICROSEC’S TOTAL LIABILITY TO USER FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF USER’S USE OF PASSBY[ME], SHALL NOT EXCEED 100 EUR.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY DYNATUNE-XL, OWNERSDYNATUNE-XL MAKES NO OTHER WARRANTIES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. DYNATUNE-XL makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. DYNATUNE-XL makes no warranty that operation of the Software Product will be secure, WITH RESPECT TO error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELYSOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. DYNATUNE-XL WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE “OFFERINGS”)LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. THE OFFERINGS ARE MADE AVAILABLE UNDER NO CIRCUMSTANCES SHALL DYNATUNE-XL, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSOFTWARE PRODUCT, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE OR OTHER LIABILITY ARISING OUT BREACH OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWARRANTY, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE NEGLIGENCE OF THE OFFERINGS WILL BE ACCURATE DYNATUNE-XL OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN DYNATUNE-XL IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS DYNATUNE-XL'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. 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 DYNATUNE-XL. DYNATUNE-XL reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If DYNATUNE-XL is unable to provide a replacement or substitute Software Product or corrections to the Software Product, WHICHEVER IS MOREyour sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by DYNATUNE-XL to have been caused by you. All limited warranties on the Software Product are granted only to you and are nontransferable. You agree to indemnify and hold DYNATUNE-XL harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Disclaimer of Warranties and Limitation of Liability. WE You expressly agree that VBCS is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another’s rights including, without limitation, privacy and intellectual property rights, and you hereby release VBCS for any such claims based on the activities of third parties. THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. NEITHER VBCS, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. VBCS DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. VBCS AND ITS EMPLOYEES, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, REPRESENTATIVES AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS AGENTS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE NOT LIABLE FOR ANY DIRECTCOSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE OF, THE LICENSED SOFTWARE, THE SERVICE (INCLUDING E-MAIL), EQUIPMENT FURNISHED BY VBCS, OR VBCS’S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE, AND YOU AGREE THAT THIS DISCLAIMER OF LIABILITY APPLIES EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A VBCS INSTALLER, TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE AND YOU FURTHER AGREE THAT THIS DISCLAIMER OF LIABILITY INCLUDES ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT DAMAGES, REGARDLESS OF THE USE OF WHETHER OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE NOT VBCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESANY EVENT, PROVIDERVBCS’S CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR AND ALL CLAIMS RELATING TO THE GREATEST EXTENT PERMITTED BY LAWUSE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWO (2)-MONTH PERIOD. YOU HEREBY RELEASE VBCS FROM ANY AND ALL OBLIGATIONS, WHICHEVER LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. VBCS IS MOREALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. Your sole and exclusive remedies under this Agreement are as expressly set forth herein. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.

Disclaimer of Warranties and Limitation of Liability. WE THIS SOFTWARE PRODUCT IS PROVIDED TO YOU "AS IS" AND OUR AFFILIATED COMPANIESWITHOUT WARRANTIES. XXXXXXX MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OWNERSXXXXXXX AND ITS AFFILIATES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND RESELLERS DISCLAIM ALL EMPLOYEES OTHER WARRANTIES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KINDCONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, WITH RESPECT REGARD TO THIS SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. Xxxxxxx makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Xxxxxxx makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. XXXXXXX WILL NOT, UNDER ANY CIRCUMSTANCES TO THE SERVICESMAXIMUM EXTENT PERMITTED, SERVICE CONTENTBE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. IN ANY CASE, THIRD PARTY SERVICESWELTNERS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THIS SOFTWARE PRODUCT UNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL XXXXXXX, THIRD PARTY CONTENTITS DIRECTORS, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELYOFFICERS, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE EMPLOYEES OR AGENTS BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSOFTWARE PRODUCT, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE OR OTHER LIABILITY ARISING OUT BREACH OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWARRANTY, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE NEGLIGENCE OF THE OFFERINGS WILL BE ACCURATE XXXXXXX OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN XXXXXXX IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS XXXXXXX'X ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. 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 Xxxxxxx. Xxxxxxx reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Xxxxxxx is unable to provide a replacement or substitute Software Product or corrections to the Software Product, WHICHEVER IS MOREyour sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Xxxxxxx to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. The parties agree to indemnify and hold each other harmless from all claims, judgments, liabilities, expenses, or costs arising from the indemnifying party’s breach of this Agreement and/or acts or omissions. This Agreement is governed by the laws of Germany.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANT ABILITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, IN CONNECTION WITH THE SERVICES. WE CANNOT AND THEREFORE DO NOT WARRANT THAT THE SERVICES WILL OPERATE WITHOUT ERRORS, OR THAT ANY OR ALL OF THE SERVICES WILL BE OPERATIONAL AND AVAILABLE AT ALL TIMES. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY ERROR, DAMAGE OR OTHER LOSS YOU MAY SUFFER DUE TO THE MALFUNCTION OR MISAPPLICATION OF ANY SOFTWARE OR SYSTEM YOU USE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE ANY WEB BROWSER, ANY INTERNET SERVICE PROVIDER, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEANY EQUIPMENT YOU MAY USE, WITH RESPECT INCLUDING, WITHOUT LIMITATION, TELE- COMMUNICATIONS FACILITIES, COMPUTER HARDWARE AND MODEM. YOU AGREE, TO THE SERVICESEXTENT ALLOWED BY LAW AND EXCEPT AS PROVIDED ELSEWHERE IN THIS AGREEMENT, SERVICE CONTENTTHAT OUR OFFICERS, THIRD PARTY SERVICESDIRECTORS, THIRD PARTY CONTENTEMPLOYEES, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE AGENTS OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT AS A RESULT OF THE USE OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR INABILITY TO ACCESSING THE SERVICES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN ANY ACTION AT LAW BASED ON CONTRACT, TORT OR WARRANTY. IN NO EVENT SHALL THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED LIABILITY OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO BANK AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR ANY CLAIM OR CAUSE THE SERVICES. Y OUR OBLIGATIONS UNDER THIS PROVISION SHALL SURVIVE TERMINATION OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORETHIS AGREEMENT.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELYEXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE DELIVERABLES ARE PROVIDED “PROVIDER”) MAKE NO WARRANTIES AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO , WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS OR DELAYS. SUBSCRIBER’S EXCLUSIVE REMEDY AND JOURNEY ON LINE’S ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE SERVICESDELIVERABLES WHICH ARE MADE AGAINST THEM, SERVICE CONTENTINDIVIDUALLY OR JOINTLY, THIRD PARTY SERVICESWHETHER BASED IN CONTRACT OR NEGLIGENCE, THIRD PARTY CONTENTSHALL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES PAID BY SUBSCRIBER, AND ANYTHING RELATED TO EACH AND ALL WHICH IS THE BASIS OF THE FOREGOING (COLLECTIVELYCLAIM(S) DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL JOURNEY ON LINE, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE BE LIABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY SUBSCRIBER FOR ANY LOSSCLAIM(S) RELATING IN ANY WAY TO SUBSCRIBER’S, DAMAGEOR ITS USERS ALLOWED UNDER THE SUBSCRIPTION, FAILURE INABILITY TO RESEARCH OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WORK PROPERLY. JOURNEY ON LINE, DOES NOT MAKE ANY WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS ACCESS TO XXXXXXXXXXXXXXXXX.XXX WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR FREE. NOR DOES JOURNEY ON LINE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF MAKE ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK WARRANTY AS TO THE QUALITY LIFE OF ANY URL. SUBSCRIBER ACKNOWLEDGES THAT PROVISION OF XXXXXXXXXXXXXXXXX.XXX ENTAIL THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE PERFORMANCE INADVERTENT LOSS OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREDATA.

Disclaimer of Warranties and Limitation of Liability. WE (a) YOU EXPRESSLY ACKNOWLEDGE AND OUR AFFILIATED COMPANIESAGREE THAT YOUR USE OF THE APP OR THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, OWNERSPERFORMANCE, AGENTSACCURACY AND EFFORT IS WITH YOU. (b) SUPER IS NOT RESPONSIBLE FOR ANY HARASSING, THREATENING, DEFAMATORY, OFFENSIVE OR ILLEGAL MESSAGES OR TRANSMISSIONS THAT YOU MAY RECEIVE AS A RESULT OF USING THE APP OR ANY OF THE SERVICES. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SERVICE PROVIDERSSOFTWARE OR SERVICES) IS PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, THIRD PARTY CONTENT PROVIDERSWITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELYWARRANTIES, THE “PROVIDER”) MAKE NO WARRANTIES GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUPER HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS WITH RESPECT TO THE APP (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF) AND THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR CONDITIONS OF: (1) MERCHANTABILITY, (2) SATISFACTORY QUALITY, (3) FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i4) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLEACCURACY, (iv5) THE QUALITY OF ANY PRODUCTSQUIET ENJOYMENT, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS(6) TITLE, OR (v7) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE NON-INFRINGEMENT OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERSTHIRD PARTY RIGHTS, AFFILIATES(8) INTERFERENCE WITH ENJOYMENT, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORE.(9) COMPLETENESS,

Disclaimer of Warranties and Limitation of Liability. WE OUR WALLET AND OUR AFFILIATED COMPANIESOTHER SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WALLET AND SERVICES. YOUR USE OF THE WALLET, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERSITS CONTENT, AND ALL EMPLOYEES ANY SERVICES OR ITEMS OBTAINED THROUGH THE WALLET IS AT YOUR OWN RISK. THE WALLET, ITS CONTENT, AND LICENSORS OF EACH ANY SERVICES OR ITEMS OBTAINED THROUGH THE WALLET ARE PROVIDED ON AN "AS IS" AND EVERY ONE OF THE FOREGOING (COLLECTIVELY"AS AVAILABLE" BASIS, THE “PROVIDER”) MAKE NO WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, INCLUDINGSECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WALLET. WITHOUT LIMITATIONLIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WALLET, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WALLET WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WALLET OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WALLET WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE DISCLAIM ALL WARRANTIES OF TITLE AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS. YOU ALSO ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR WALLET AND OTHER SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, WITH RESPECT TO THE INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR WALLET AND OTHER SERVICES. WE AND OUR LICENSORS, SERVICE CONTENTPROVIDERS OR SUBCONTRACTORS (IF ANY) MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT SUITABILITY OF THE INFORMATION, THIRD PARTY SERVICESSOFTWARE, THIRD PARTY CONTENTPRODUCTS AND SERVICES CONTAINED IN OUR SERVICES FOR ANY PURPOSE OR THEIR COMPLIANCE WITH ANY ACCOUNTING RULES, PRINCIPLES OR LAWS, AND ANYTHING RELATED TO EACH EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE WALLET AND ALL OTHER SERVICES WILL BE FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, WILL BE SECURE AND NOT INTERCEPTED, OR THAT WALLET AND OTHER SERVICES CONTENT WILL BE ACCURATE, COMPLETE OR TIMELY. YOU ALSO UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WALLET WILL BE FREE OF THE FOREGOING (COLLECTIVELYVIRUSES OR OTHER DESTRUCTIVE CODE. IN NO EVENT SHALL OUR COMPANY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS ISOUR DIRECTORS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSSSPECIAL, DAMAGEINDIRECT OR CONSEQUENTIAL DAMAGES, FAILURE OR ANY OTHER LIABILITY 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 CONNECTION ANY WAY CONNECTED WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WALLET AND OTHER SERVICES OR SYNTHIUM MATERIALS, ANY WALLETS LINKED TO IT, ANY CONTENT ON THE OFFERINGSSYNTHIUM WEBSITE, OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM SYNTHIUM AND 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 WE HAVE BEEN ADVISED FORESEEABLE, OR ANY OTHER LOSS 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 A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SYNTHIUM'S RECORDS, PROGRAMS OR WALLET AND OTHER SERVICES. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE POSSIBILITY ABOVE LIMITATION OF SUCH DAMAGESLIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT IT IS YOUR OBLIGATION TO ENSURE COMPLIANCE WITH ANY LEGISLATION RELEVANT TO YOUR COUNTRY OF DOMICILE CONCERNING USE OF THIS WALLET, AND THAT THE WALLET OWNER SHOULD NOT ACCEPT ANY LIABILITY FOR ANY ILLEGAL OR UNAUTHORIZED USE OF THIS WALLET. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU BE SOLELY RESPONSIBLE FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREAPPLICABLE TAXES IMPOSED ON SHPs PURCHASED HEREUNDER.

Disclaimer of Warranties and Limitation of Liability. WE YOU UNDERSTAND AND OUR AFFILIATED COMPANIESAGREE THAT THE ELECTRONIC SERVICES ARE PROVIDED“AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, OWNERSTHE CREDIT UNION ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, AGENTSDELETION, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE EXPRESSLY AGREE THAT USE OF THE FOREGOING (COLLECTIVELYELECTRONIC SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE “PROVIDER”) MAKE NO CREDIT UNION DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY SERVICES, THIRD PARTY CONTENTRIGHTS, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER CREDIT UNION MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, ELECTRONIC SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS RELIABILITY OF ITS CONTENTANY INFORMATION OBTAINED THROUGH THE ELECTRONIC SERVICES, THE ACCURACY OF ANY INFORMATION RETRIEVED BY YOU FROM THE ACCOUNTS OR THAT THE ELECTRONIC SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NEITHER WE NOR OUR PARTNERSEXCEPT AS DESCRIBED IN THIS AGREEMENT, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL THE CREDIT UNION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF THE ANY KIND RESULTING FROM YOUR USE OF OR YOUR INABILITY TO USE THE OFFERINGSELECTRONIC SERVICES, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY YOU FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ELECTRONIC SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSION OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE THE CREDIT UNION HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORE.

Disclaimer of Warranties and Limitation of Liability. WE We operate the Site from the U.S. and it is possible some downloads from the Site could be subject to government export controls or other restrictions. If you download anything from or using our Site, you represent you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside the United States and using our Site from territories in which such use or the Content available from such use is illegal, restricted or not permitted, is expressly prohibited. YOU ASSUME ALL RESPONSIBILITY AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE RISK WITH RESPECT TO YOUR USE OF THE FOREGOING (COLLECTIVELYSITE. THE SITE IS AVAILABLE "AS IS," AND "AS AVAILABLE". YOU UNDERSTAND AND AGREE THAT, TO THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KINDFULLEST EXTENT PERMITTED BY LAW, EITHER WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, MERCHANTABILITY, NON-­‐INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR WE DO NOT WARRANT USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISKSITE WILL BE UNINTERRUPTED OR ERROR-­‐FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. PROVIDER DISCLAIMS WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSSCOMPUTER VIRUSES, DAMAGEBUGS, FAILURE MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SITE. WE HAVE NO DUTY TO UPDATE OR MODIFY THE SITE AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY ARISING OUT OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR THIRD PARTIES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH YOUR USE OF OR ARISING FROM THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTSSITE, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE SITE OR RELIABLEOUR AGREEMENT WITH YOU CONCERNING THE SITE, (iv) THE QUALITY OF ANY PRODUCTSINCLUDING, SERVICESBUT NOT LIMITED TO, INFORMATIONCOMPENSATORY, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONSDIRECT, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERSCONSEQUENTIAL, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECTINCIDENTAL, INDIRECT, INCIDENTALSPECIAL OR PUNITIVE DAMAGES, SPECIALLOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF COMPUTER FAILURE OR INABILITY TO USE THE OFFERINGSMALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IF WE ARE HELD LIABLE IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU A COURT OF COMPETENT JURISDICTION FOR ANY CLAIM REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT, IF ANY, PAID BY YOU TO USE THIS SITE, NOT INCLUDING PAYMENTS FOR GOODS PURCHASED, THE LIMITATION OF LIABILITY FOR WHICH IS AS SET FORTH IN OUR ONLINE SALES AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR CAUSE EXCLUSION OF ACTION SHALL BE LIMITED LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO $50 YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR TO THE GREATEST EXTENT PERMITTED LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WHICHEVER IS MOREWE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.

Disclaimer of Warranties and Limitation of Liability. YOU UNDERSTAND AND AGREE THAT YOUR USE OF MOBILE DEPOSIT IS AT YOUR RISK. WE ARE ONLY RESPONSIBLE FOR PROVIDING MOBILE DEPOSIT AS EXPRESSLY STATED IN THE AGREEMENT. THERE IS NO GUARANTEE THAT ACCESS TO MOBILE DEPOSIT WILL BE AVAILABLE AT ALL TIMES AND WE SHALL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS MOBILE DEPOSIT. MOBILE DEPOSIT IS PROVIDED “AS IS” AND, EXCEPT AS PROHIBITED BY LAW, WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF PROVIDERS DISCLAIM ANY KIND, EITHER EXPRESS OR IMPLIEDIMPLIED WARRANTIES CONCERNING MOBILE DEPOSIT, APP, EQUIPMENT OR SOFTWARE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO ANY WARRANTIES OR MERCHATABILITY, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, PURPOSE OR NONINFRINGEMENT OF ANY PARTIES’ PROPRIETARY RIGHTS. IN NO CASE SHALL LEVO FEDERAL CREDIT UNION OR ANY OF OUR THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY SERVICE PROVIDERS BE LIABLE FOR ANY LOSSLOSS OF DATA, DAMAGEPROFIT, FAILURE GOODWILL, OR OTHER LIABILITY SPECIAL, PUNITIVE, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE SUFFERED BY YOU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF RELATED TO THIS AGREEMENT, THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) APP, THE OFFERINGS WILL MEET YOUR REQUIREMENTSSOFTWARE, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, EQUIPMENT OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE MOBILE DEPOSIT WHETHER OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, NOT SUCH CLAIM FOR DAMAGES IS BASED ON TORT OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, CONTRACT OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WHETHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, EXCEPT AS MAY BE REQUIRED BY LAW. YOU AGREE IN STATES THAT IN ALL CIRCUMSTANCESDO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES, PROVIDER’S LEVO FEDERAL CREDIT UNION AND OUR THIRD PARTY SERVICE PROVIDERS’ LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE IS LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORE.

Disclaimer of Warranties and Limitation of Liability. WE Under no circumstances shall DSTHS be liable for any damages whatsoever, whether direct, indirect, incidental, consequential, special or exemplary (even if DSTHS has been advised of, or has foreseen the possibility of such damages), arising from the access, use, or inability to access or use the Portal and the information on the Portal, including, without limitation, claims for defamation or loss of revenue or anticipated profits or lost business. THE PORTAL IS PROVIDED ON AN “AS IS” AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS“AS AVAILABLE” BASIS. DSTHS DOES NOT MAKE, AND DSTHS HEREBY SPECIFICALLY DISCLAIMS TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ANY AND ALL EMPLOYEES REPRESENTATIONS AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELYWARRANTIES, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGREGARDING THE PORTAL, WITHOUT LIMITATIONINCLUDING ANY IMPLIED WARRANTY OF TITLE, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NO MATERIAL POSTED TO THE PORTAL SHALL CONSTITUTE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO DSTHS OR ANY OTHER PRODUCT OR SERVICE OF DSTHS OR ITS AFFILIATES, NOR SHALL ANY SUCH MATERIAL MODIFY OR AMEND THE SERVICESTERMS OF ANY LICENSE OR OTHER CONTRACT BETWEEN CUSTOMER AND DSTHS OR ITS AFFILIATES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SERVICE CONTENTDSTHS SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING THE AVAILABILITY OF THE PORTAL AT ANY PARTICULAR TIME OR FOR ANY LENGTH OF TIME. DSTHS DOES NOT WARRANT THAT THE PORTAL, THIRD PARTY SERVICESITS SERVERS, THIRD PARTY CONTENTOR E-MAIL SENT FROM DSTHS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ASSUMES NO RESPONSIBILITY, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELYIS NOT LIABLE FOR ANY DAMAGE TO, OR VIRUS OR OTHER HARMFUL CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BASED ON YOUR ACCESS TO, OR USE OF, THE “OFFERINGS”)PORTAL. THIS ALSO APPLIES TO THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS ISDOWNLOADING OF ANY OBJECTS FROM THE PORTAL. Any links from the Portal to any website that is not owned, AS AVAILABLE” BASISoperated, controlled or maintained by us (a "Third Party Site") are provided strictly for convenience. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISKIf you click a link for a Third Party Site, you will leave the Portal and enter an external website owned, operated, controlled and/or maintained by a third party that is not affiliated with us and that is solely responsible for its own contractual obligations. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT We (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTSdo not control nor are we responsible for the content, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLEproducts and/or services provided by any Third Party Site, (ivii) THE QUALITY OF ANY PRODUCTSdo not endorse or guarantee the products, SERVICESinformation, INFORMATIONor recommendations provided by any Third Party Site, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONSand (iii) are not liable for any failure of the products or services advertised on or provided by any Third Party Site. The privacy and information-sharing and security policies and procedures of Third Party Sites are distinct from those of DSTHS, OR (v) ANY ERRORS WILL BE CORRECTEDand a Third Party Site may not be as secure as the Portal. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENTCertain sites accessible on the Internet may contain information or material that may be offensive or inappropriate to some people. NEITHER WE NOR OUR PARTNERSWe make no effort to review the content of these sites, AFFILIATESnor are we responsible for the validity, OPERATORSlegality, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECTcopyright compliance, INDIRECTor decency of any content contained in these Third Party Sites. In addition, INCIDENTALwe are not responsible or liable for any content that may be unlawful, SPECIALharassing, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSlibelous, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESprivacy invading, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAWabusive, WHICHEVER IS MOREthreatening, harmful, vulgar, obscene or otherwise objectionable, nor are we responsible or liable for content that infringes or may infringe upon the intellectual property or other rights of another.

Disclaimer of Warranties and Limitation of Liability. You agree that EIFCU shall not be held liable in any manner, if you are unable to gain access to EIFCU's website or Online Branch services, from time to time. You understand that some or all of Online Branch services and/or other system services may not be available at certain times due to maintenance and/or computer, communication, electrical or network failure or any other causes beyond EIFCU's control. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ONLINE BRANCH SERVICES, PROVIDED TO YOU UNDER THE OFFERINGS.PROVIDER MAKES NO WARRANTY AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT (i) THE OFFERINGS ONLINE BRANCH SERVICES WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS OPERATE WITHOUT ERROR OR THAT ONLINE BRANCH SERVICES WILL BE UNINTERRUPTEDAVAILABLE AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR OTHERWISE REQUIRED BY LAW, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY EIFCU AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERSEIFCU'S EMPLOYEES, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE AGENTS AND TECHNOLOGY PARTNERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THE AGREEMENT OR BY REASON OF YOUR USE OF ONLINE BRANCH SERVICES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR INABILITY TO USE THE OFFERINGSBY YOU OR ANY THIRD PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESWHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY OR ANY OTHER LEGAL THEORY. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREYou shall inform us immediately of any material change in your financial circumstances or in any of the information provided in your Application for any Online Branch services. You agree to provide us any financial information we reasonably request during the term of this Agreement. You authorize us to review your history from time to time.

Disclaimer of Warranties and Limitation of Liability. WE 10.1. EMT AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, MMR ARE TO BE PROVIDED ON AN “AS IS” BASIS AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, . YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENTBUYING OF ANY AMOUNT OF EMT AND EXCHANGING OF EMT TO MMR, AND ANYTHING RELATED THEIR USE. YOU HEREBY EXPRESSLY AGREE THAT, TO EACH AND ALL OF THE FOREGOING (COLLECTIVELYMAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY SELLER DOES NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR LOSS, DAMAGEINCLUDING LOSS OF BUSINESS, FAILURE REVENUE, OR OTHER LIABILITY ARISING OUT PROFITS, OR LOSS OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTSDAMAGE TO DATA, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREEQUIPMENT, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, SOFTWARE (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE OTHERWISE), RESULTING FROM ANY USE OF OF, OR INABILITY TO USE USE, THIS WEBSITE OR THE OFFERINGSMATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR CONTENT ON THIS WEBSITE, AS WELL AS FROM PURCHASING OF EMT AND EXCHANGING OF EMT TO MMR, REGARDLESS OF THE BASIS, UPON WHICH THE LIABILITY IS CLAIMED AND EVEN IF WE HAVE THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. YOU UNDERSTAND AND AGREE THAT THE SELLER SHALL NOT BE HELD LIABLE TO AND SHALL NOT ACCEPT ANY LIABILITY, OBLIGATION OR RESPONSIBILITY WHATSOEVER FOR ANY CHANGE OF THE VALUE OF EMT AND MMR. YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE SELLER SHALL NOT GUARANTY IN ANY WAY THAT MMR MIGHT BE SOLD OR TRANSFERRED DURING OR AFTER THE TOKE SALE. 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. YOU UNDERSTAND AND AGREE THAT IT IS YOUR OBLIGATION TO ENSURE COMPLIANCE WITH ANY LEGISLATION RELEVANT TO YOUR COUNTRY OF DOMICILE CONCERNING THE PURCHASE OF EMT AND EXCHANGE OF EMT TO MMR, AND THAT THE SELLER IS NOT LIABLE LIABILITY FOR YOUR ILLEGAL OR UNAUTHORIZED PURCHASE OF EMT AND EXCHANGE OF EMT TO MMR. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU BE SOLELY RESPONSIBLE FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR APPLICABLE TAXES IMPOSED ON EMT AND MMR PURCHASED HEREUNDER. 10.2. THE ABOVEMENTIONED DISCLAIMERS, WARRANTIES AND LIMITATIONS ARE LISTED IN ADDITION AND WITH NO HARM TO THE GREATEST EXTENT PERMITTED BY LAWDISCLAIMERS, WHICHEVER IS MOREWARRANTIES AND LIMITATIONS, LISTED IN MEMORITY TOKENS SALE GENERAL TERMS & CONDITIONS.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESXXXXXX.XXX, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERSTHE VARITI SERVICE, AND ALL EMPLOYEES DOWNLOADABLE SOFTWARE ARE PROVIDED BY VARITI ON AN “AS IS” AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE AS AVAILABLE” BASIS. VARITI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF XXXXXX.XXX, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON XXXXXX.XXX. YOU EXPRESSLY AGREE THAT YOUR USE OF XXXXXX.XXX, THE VARITI SERVICE, AND ANY DOWNLOADABLE SOFTWARE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VARITI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES EVENT SHALL VARITI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; 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 XXXXXX.XXX, THE VARITI SERVICE, OR INABILITY TO USE THE OFFERINGSDOWNLOADABLE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE. YOU AGREE VARITI MAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT IN ALL CIRCUMSTANCESXXXXXX.XXX, PROVIDER’S LIABILITY TO YOU THE VARITI SERVICE, ANY DOWNLOADABLE SOFTWARE, THE VARITI SERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VARITI WILL NOT BE LIABLE FOR ANY CLAIM DAMAGES OF ANY KIND ARISING FROM THE USE OF THE XXXXXX.XXX, THE VARITI SERVICE, OR CAUSE OF ACTION SHALL BE VARITI DOWNLOADABLE SOFTWARE INCLUDING, BUT NOT LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAWDIRECT, WHICHEVER IS MOREINDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Disclaimer of Warranties and Limitation of Liability. THE TEXT ALERTS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND YOU HEREBY WAIVE ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, IMPLIED WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE TEXT ALERTS SERVICE IS NOT ERROR-FREE, WITH RESPECT AND IS NOT CONTINUOUSLY AVAILABLE. THE PACKAGE DELIVERY INFORMATION IS NOT GUARANTEED TO BE ACCURATE, AND MAY BE MIS-DELIVERED, DELIVERED LATE, OR NOT DELIVERED AT ALL. IN NO EVENT SHALL PACKAGE CONCIERGE, ITS SUBSIDIARIES AND AFFILIATES, ANY OTHER PARTY THAT PROVIDES EQUIPMENT, SOFTWARE, OR SERVICES FOR THE SERVICESTEXT ALERTS SERVICE, OR ANY OF THEIR MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE CONTENTPROVIDERS, THIRD PARTY SERVICESCONTRACTORS, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE OR SUBCONTRACTORS BE LIABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSLOSS INCLUDING, DAMAGEWITHOUT LIMITATION LOSS OF DATA, FAILURE INJURY, OR OTHER LIABILITY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF RELATED TO THIS AGREEMENT OR THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, TEXT ALERTS SERVICE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY, OR DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU HOLD PACKAGE CONCIERGE HARMLESS FOR ANY CLAIM SUCH LOSS, INJURY, OR CAUSE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF ACTION SHALL BE LIMITED IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREYOU.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, a. THE FAX-TO-EMAIL AND ALL EMPLOYEES OTHER COMPANY SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND NEITHER COMPANY NOR ANY OF ITS LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF OR SERVICE PROVIDERS MAKES ANY KIND, EITHER EXPRESS OR IMPLIEDIMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, INCLUDINGCONDITION OR OPERATION THEREOF. COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT COMPANY SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. COMPANY AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICESNON-INFRINGEMENT, SERVICE CONTENTCOMPATIBILITY, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. SECURITY OR ACCURACY. b. YOUR USE OF THE OFFERINGS FAX-TO-EMAIL AND ALL OTHER COMPANY SOFTWARE AND SERVICES IS AT YOUR SOLE AND EXCLUSIVE OWN RISK. PROVIDER DISCLAIMS YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER LIABILITY MATERIAL (INCLUDING COMPANY SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE FAX-TO-EMAIL SERVICE . YOU AGREE THAT NEITHER COMPANY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSFAX-TO-EMAIL SERVICE OR ANY OTHER COMPANY SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF WE HAVE COMPANY OR ANY SUCH COMPANY OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF COMPANY AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE FAX-TO-EMAIL SERVICE AND ANY OTHER COMPANY SERVICES AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU AGREE THAT FOR ACCESS TO AND USE OF THE SOFTWARE OR SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S.$100.00. YOU HEREBY RELEASE COMPANY AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL CIRCUMSTANCESOBLIGATIONS, PROVIDER’S LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO YOU BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. c. NEITHER COMPANY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY CLAIM COMMUNICATIONS DIFFICULTIES OUTSIDE OF COMPANY’ OR CAUSE OF ACTION SHALL BE LIMITED TO $50 ANY SUCH COMPANY'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE GREATEST EXTENT PERMITTED INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES. d. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY LAWANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF COMPANY, WHICHEVER IS MOREIN EVALUATING THE FAX-TO-EMAIL SERVICE OR ANY OTHER SERVICES AND/OR PRODUCTS OF COMPANY.

Disclaimer of Warranties and Limitation of Liability. WE 9.01. EXCEPT AS SET FORTH IN SECTION 10, LICENSED INVENTIONS, OTHER LICENSED INVENTIONS AND OUR AFFILIATED COMPANIESPATENT RIGHTS ARE PROVIDED, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS“AS IS,” AS AVAILABLE, AND WITH ALL EMPLOYEES FAULTS. UNIVERSITIES MAKE NO REPRESENTATIONS AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE EXTEND NO WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGORAL OR IN WRITING, IN FACT OR ARISING BY OPERATION OF LAW OR OTHERWISE, REGARDING LICENSED INVENTIONS, OTHER LICENSED INVENTIONS AND/OR PATENT RIGHTS, AND SPECIFICALLY DISCLAIM, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICESTITLE, SERVICE CONTENTNON-INFRINGEMENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF A PARTICULAR COURSE OF DEALING, REGARDING THE VALIDITY OR IN CONNECTION WITH YOUR USE SCOPE OF PATENTS RIGHTS OR THAT THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTSEXPLOITATION OF LICENSED INVENTIONS, ( i) THE OFFERINGS OTHER LICENSED INVENTIONS OR PATENT RIGHTS WILL BE UNINTERRUPTEDSUCCESSFUL. 9.02. IN NO EVENT WILL THE UNIVERSITIES, TIMELYTHE STATE OF MARYLAND, SECURELICENSEE OR ANY OF THEIR OFFICERS, EMPLOYEES OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES ARISING OUT EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR ECONOMIC LOSS, RESULTING FROM EXERCISE OF THIS LICENSE OR MANUFACTURE, SALE, OR USE OF THE USE OF LICENSED INVENTIONS, OTHER LICENSED INVENTIONS, LICENSED PRODUCTS, OR INABILITY TO USE THE OFFERINGSPATENT RIGHTS, EVEN IF WE THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9.03. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR THE UNIVERSITIES ASSUME NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE GREATEST EXTENT PERMITTED USE, SALE, OR OTHER DISPOSITION BY LAWLICENSEE, WHICHEVER IS MOREITS AFFILIATES OR SUBLICENSEES OF LICENSED PRODUCTS.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY PEAKSPEED, OWNERSPEAKSPEED MAKES NO OTHER WARRANTIES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. Peakspeed makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Peakspeed makes no warranty that operation of the Software Product will be secure, WITH RESPECT TO error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELYSOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. PEAKSPEED WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE “OFFERINGS”)LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. THE OFFERINGS ARE MADE AVAILABLE UNDER NO CIRCUMSTANCES SHALL PEAKSPEED, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSOFTWARE PRODUCT, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE OR OTHER LIABILITY ARISING OUT BREACH OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWARRANTY, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE NEGLIGENCE OF THE OFFERINGS WILL BE ACCURATE PEAKSPEED OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN PEAKSPEED IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS PEAKSPEED'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. 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 Peakspeed. Peakspeed reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Peakspeed is unable to provide a replacement or substitute Software Product or corrections to the Software Product, WHICHEVER IS MOREyour sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Peakspeed to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Peakspeed harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY OLDEKG, OWNERSOLDEKG MAKES NO OTHER WARRANTIES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. OldEKG makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. OldEKG makes no warranty that operation of the Software Product will be secure, WITH RESPECT TO error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELYSOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. OLDEKG WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE “OFFERINGS”)LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. THE OFFERINGS ARE MADE AVAILABLE UNDER NO CIRCUMSTANCES SHALL OLDEKG, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSOFTWARE PRODUCT, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE OR OTHER LIABILITY ARISING OUT BREACH OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWARRANTY, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE NEGLIGENCE OF THE OFFERINGS WILL BE ACCURATE OLDEKG OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN OLDEKG IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS OLDEKG'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. 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 OldEKG. OldEKG reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If OldEKG is unable to provide a replacement or substitute Software Product or corrections to the Software Product, WHICHEVER IS MOREyour sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by OldEKG to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold OldEKG harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Disclaimer of Warranties and Limitation of Liability. WE a. THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. VERIZON (AND OUR AFFILIATED COMPANIESITS OFFICERS, OWNERSEMPLOYEES, AGENTSPARENT, THIRD SUBSIDIARIES AND AFFILIATES), ITS THIRD-PARTY SERVICE PROVIDERSLICENSORS, THIRD PARTY CONTENT PROVIDERSPROVIDERS AND SUPPLIERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KINDREPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICESEXTENT PERMITTED BY APPLICABLE LAW, CONCERNING YOUR SERVICE. VERIZON DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, THIRD DATA OR INFORMATION. b. IN NO EVENT SHALL VERIZON (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD-PARTY SERVICESLICENSORS, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING PROVIDERS OR SUPPLIERS BE LIABLE FOR: (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v1) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE USE, PARTIAL USE OF OR INABILITY TO USE THE OFFERINGSSERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES; OR (2) ANY CLAIMS AGAINST YOU BY ANYOTHER PARTY. c. VERIZON SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY THAT IS CAUSED BY ANY OF THE FOLLOWING: (1) ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR OTHER THIRD PARTY; (2) EQUIPMENT, NETWORK OR FACILITY FAILURE, UPGRADE, SHORTAGE, RELOCATION OR MODIFICATION; (3) EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER TO YOU; OR (4) ANY OTHER CAUSE THAT IS BEYOND VERIZON’S CONTROL. d. VERIZON’S LIABILITY FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. e. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS) WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. UPON DETERMINATION THAT ANY SUCH EXCLUSION OR LIMITATION DOES NOT APPLY, VERIZON MAY, IN ITS SOLE DISCRETION, MODIFY THIS AGREEMENT TO EFFECT THE ORIGINAL INTENT AS CLOSELYAS POSSIBLE. f. VERIZON RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY PERTAINING TO YOU YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR POLICIES RELATING TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORESERVICE).

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS9.1. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESURETY, ITS AFFILIATES AND ALL EMPLOYEES OF THEIR THIRD-PARTY LICENSORS DISCLAIM ANY AND LICENSORS OF EACH ALL REPRESENTATIONS AND EVERY ONE OF THE FOREGOING (COLLECTIVELYWARRANTIES, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE AS TO THE RESURETY INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE SERVICE(S), INFORMATION, DATA, SUPPLEMENTAL DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. A REFERENCE TO A PARTICULAR INVESTMENT, SECURITY, RATING, OR ANY OBSERVATION CONCERNING A SECURITY OR INVESTMENT PROVIDED IN THE RESURETY INFORMATION IS NOT A RECOMMENDATION TO BUY, SELL, OR HOLD SUCH INVESTMENT OR SECURITY OR MAKE ANY OTHER INVESTMENT DECISIONS. NEITHER RESURETY, NOR ITS AFFILIATES OR THEIR THIRD-PARTY LICENSORS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE RESURETY INFORMATION, SUPPLEMENTAL DATA, OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO ORAL OR WRITTEN COMMUNICATIONS (WHETHER IN ELECTRONIC OR OTHER FORMAT), WITH RESPECT TO THERETO. ACCORDINGLY, ANY USER OF THE SERVICESINFORMATION CONTAINED IN ANY OF THE RESURETY INFORMATION SHOULD NOT RELY ON ANY RATING OR OTHER OPINION CONTAINED THEREIN IN MAKING ANY INVESTMENT OR OTHER DECISION. RESURETY, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENTITS AFFILIATES, AND ANYTHING RELATED THEIR THIRD-PARTY LICENSORS SHALL NOT BE SUBJECT TO EACH ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS IN THE RESURETY INFORMATION OR SUPPLEMENTAL DATA. THE RESURETY INFORMATION, SUPPLEMENTAL DATA, AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS COMPONENTS THEREOF ARE MADE AVAILABLE TO YOU PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. YOUR BASIS AND SUBSCRIBER’S USE OF THE OFFERINGS RESURETY INFORMATION IS AT YOUR SOLE AND EXCLUSIVE SUBSCRIBER’S OWN RISK. 9.2. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS NOTWITHSTANDING ANYTHING TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL RESURETY, ITS AFFILIATES OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL THEIR THIRD-PARTY LICENSORS BE LIABLE FOR ANY DIRECTINDIRECT, INDIRECTSPECIAL, INCIDENTAL, SPECIALPUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, TRADING LOSSES, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF LOST TIME OR INABILITY TO USE THE OFFERINGSGOODWILL, EVEN IF WE THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. YOU AGREE THAT IN ALL CIRCUMSTANCESRESURETY, PROVIDER’S LIABILITY TO YOU ITS AFFILIATES, AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIM CLAIMS AGAINST SUBSCRIBER BY THIRD PARTIES. IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF RESURETY, ITS AFFILIATES, AND THEIR THIRD-PARTY LICENSORS IN CONNECTION WITH THE RESURETY INFORMATION, SUPPLEMENTAL DATA, AND/OR CAUSE THIS AGREEMENT, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FEES PAID BY SUBSCRIBER TO RESURETY UNDER THE ORDER FOR THE RESURETY INFORMATION IN QUESTION IN THE MONTH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN. NOTHING IN THIS AGREEMENT SEEKS TO LIMIT OR RESTRICT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE. 9.3. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THIS AGREEMENT, THE ORDER, THE RESURETY INFORMATION, OR THE SUPPLEMENTAL DATA MAY BE BROUGHT BY SUBSCRIBER MORE THAN ONE (1) YEAR AFTER SUCH ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREHAS ACCRUED.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY MC2 SYSTEMS, OWNERSMC2 SYSTEMS MAKES NO OTHER WARRANTIES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. MC2 SYSTEMS makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. MC2 SYSTEMS makes no warranty that operation of the Software Product will be secure, WITH RESPECT TO error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELYSOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. MC2 SYSTEMS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE “OFFERINGS”)LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. THE OFFERINGS ARE MADE AVAILABLE UNDER NO CIRCUMSTANCES SHALL MC2 SYSTEMS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSOFTWARE PRODUCT, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE OR OTHER LIABILITY ARISING OUT BREACH OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWARRANTY, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE NEGLIGENCE OF THE OFFERINGS WILL BE ACCURATE MC2 SYSTEMS OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN MC2 SYSTEMS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS MC2 SYSTEMS'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. 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 MC2 SYSTEMS. MC2 SYSTEMS reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If MC2 SYSTEMS is unable to provide a replacement or substitute Software Product or corrections to the Software Product, WHICHEVER IS MOREyour sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by MC2 SYSTEMS to have been caused by you. All limited warranties on the Software Product are granted only to you and are non- transferable. You agree to indemnify and hold MC2 SYSTEMS harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Disclaimer of Warranties and Limitation of Liability. WE THE SERVICE AND OUR AFFILIATED COMPANIESTHE EǪUIPMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NT SPARK, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, LLC AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OF THE FOREGOING (COLLECTIVELYSERVICE, THAT THE “PROVIDER”) SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NT SPARK, LLC AND ITS SUPPLIERS MAKE NO EXPRESS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE AND THE EǪUIPMENT AND DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. NT SPARK, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS AND VENDORS (COLLECTIVELY "NT SPARK, LLC PARTIES") WILL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS IN CONNECTION WITH RESPECT THE SERVICE AND THE EǪUIPMENT RESULTING FROM: (I) AVAILABILITY OR ǪUALITY WITHIN THE COVERAGE AREA REGARDLESS OF THE CAUSE(S) OF THE PROBLEM; (II) OTHER USERS ACCESSING SUBSCRIBER DEVICE; (III) VARIATIONS IN THE SPEED OR BANDWIDTH AVAILABILITY TO EACH DEVICE CONNECTED TO THE SERVICESNT SPARK, LLC NETWORK; (IV) SECURITY BREACHES; (V) EAVESDROPPING; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; (VI) SUBSCRIBER’S RELIANCE ON OR USE OF THE SERVICE; (VII) INTERRUPTIONS (INCLUDING DUE TO MAINTENANCE), DELETION OF FILES, ERRORS, OR DEFECTS REGARDLESS OF WHETHER SUBSCRIBER’S DATA IS MAINTAINED ON THE NT SPARK, LLC SERVERS OR SUBSCRIBER DEVICE(S); (VIII) DELAYS IN OPERATION, TRANSMISSIONS, CORRUPTION OF DATA, INVALID DESTINATIONS OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; (IX) USE OF THE SERVICE CONTENT, BY SUBSCRIBER OR A THIRD PARTY SERVICESTHAT INFRINGES A THIRD PARTY'S COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OTHER INTELLECTUAL PROPERTY, PROPRIETARY, OR CONTRACTUAL RIGHTS; OR (X) ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY THIRD PARTY CONTENTPRODUCTS, AND ANYTHING RELATED TO EACH AND ALL SERVICES OR INFORMATION OR THE MERCHANTABILITY OF SUCH ITEMS (INCLUDING ANY SUCH ITEMS OFFERED THROUGH CO-BRANDED WEB SITES LINKED FROM THE FOREGOING (COLLECTIVELYNT SPARK, THE “OFFERINGS”LLC WEB SITES). THE OFFERINGS ARE MADE AVAILABLE NT SPARK, LLC PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR (I) SUBSCRIBER FAILURE TO YOU ON AN “AS ISPROPERLY INSTALL, AS AVAILABLE” BASIS. YOUR USE OR OPERATE THE EǪUIPMENT OR (II) ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY OF SUBSCRIBER’S DEVICES, SOFTWARE, FILES, DATA, PERIPHERALS OR PROPERTY DUE TO SUBSCRIBER’S INSTALLATION, ATTEMPTED INSTALLATION, USE, REPAIR OR REMOVAL OF THE OFFERINGS IS AT YOUR SOLE EǪUIPMENT. THE FOREGOING LIMITATIONS APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF THE NT SPARK, LLC PARTIES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ANY NT SPARK, LLC PARTY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. SUBSCRIBER’S EXCLUSIVE RISKAND ONLY REMEDIES UNDER THE AGREEMENT ARE AS EXPRESSLY SET FORTH IN THE AGREEMENT. PROVIDER DISCLAIMS RESPONSIBILITY THE CUMULATIVE LIABILITY OF ANY NT SPARK, LLC PARTY TO SUBSCRIBER FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM AND ALL CLAIMS RELATING TO THE USE OF THE OFFERINGS SERVICE AND THE EǪUIPMENT WILL BE ACCURATE OR RELIABLE, (iv) NOT EXCEED THE QUALITY TOTAL AMOUNT OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH SERVCE FEES PAID DURING THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTEDTHREE MONTHS IMMEDIATELY PRECEDING A CLAIM. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERSCONTRARY, AFFILIATESNO NT SPARK, OPERATORSLLC PARTIES WILL, OR PARENT COMPANIES SHALL UNDER ANY CIRCUMSTANCES, BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECTCONSEǪUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR RELATED TO THE GREATEST EXTENT PERMITTED BY LAWAGREEMENT, WHICHEVER IS MOREINCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF BUSINESS. SUBSCRIBER MAY HAVE OTHER RIGHTS UNDER CERTAIN LAWS IN CERTAIN STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, THE HIDDEN TRAX PLATFORM AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELYINFORMATION, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICESMATERIALS, THIRD PARTY CONTENT, PRODUCTS (INCLUDING SOFTWARE) AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HIDDEN TRAX SERVICES ARE PROVIDED BY HIDDEN TRAX ON AN “AS IS”, “AS AVAILABLE” NS “WITH ALL FAULTS” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOUR USE TO THE FULL EXTENT PERMISSIBLE BY LAW, HIDDEN TRAX DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN) ARISING OUT OR RELATING TO THESE TERMS OF USE, THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSHIDDEN TRAX PLATFORM, DAMAGEINCLUDING HIDDEN TRAX APPS, FAILURE TOURS OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER LIABILITY ARISING OUT OF SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HIDDEN TRAX SERVICES, UNLESS OTHERWISE SPECIFIED IN CONNECTION WITH YOUR USE OF WRITING. HIDDEN TRAX DOES NOT WARRANT THAT THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, HIDDEN TRAX SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER MATERIAL THAT SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONSHIDDEN TRAX SERVICES, HIDDEN TRAX’S SERVERS OR (v) ANY ERRORS WILL BE CORRECTEDELECTRONIC COMMUNICATIONS SENT FROM HIDDEN TRAX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOU ASSUME YOUR USE OF THE ENTIRE RISK AS HIDDEN TRAX SERVICES IS AT YOUR SOLE RISK. TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERSFULL EXTENT PERMISSIBLE BY LAW, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL HIDDEN TRAX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HIDDEN TRAX SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HIDDEN TRAX SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, OR AND CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSDAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT UNLESS OTHERWISE SPECIFIED IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREWRITING.

Disclaimer of Warranties and Limitation of Liability. WE a. THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. VERIZON (AND OUR AFFILIATED COMPANIESITS OFFICERS, OWNERSEMPLOYEES, AGENTSPARENT, THIRD SUBSIDIARIES AND AFFILIATES), ITS THIRD-PARTY SERVICE PROVIDERSLICENSORS, THIRD PARTY CONTENT PROVIDERSPROVIDERS AND SUPPLIERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KINDREPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICESEXTENT PERMITTED BY APPLICABLE LAW, CONCERNING YOUR SERVICE. VERIZON DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, THIRD DATA OR INFORMATION. b. IN NO EVENT SHALL VERIZON (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD-PARTY SERVICESLICENSORS, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING PROVIDERS OR SUPPLIERS BE LIABLE FOR: (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v1) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE USE, PARTIAL USE OF OR INABILITY TO USE THE OFFERINGSSERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES; OR (2) ANY CLAIMS AGAINST YOU BY ANYOTHER PARTY. c. VERIZON SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY THAT IS CAUSED BY ANY OF THE FOLLOWING: (1) ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR OTHER THIRD PARTY; (2) EQUIPMENT, NETWORK OR FACILITY FAILURE, UPGRADE, SHORTAGE, RELOCATION OR MODIFICATION; (3) EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER TO YOU; OR (4) ANY OTHER CAUSE THAT IS BEYOND VERIZON’S CONTROL. d. XXXXXXX’S LIABILITY FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. e. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS) WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. UPON DETERMINATION THAT ANY SUCH EXCLUSION OR LIMITATION DOES NOT APPLY, VERIZON MAY, IN ITS SOLE DISCRETION, MODIFY THIS AGREEMENT TO EFFECT THE ORIGINAL INTENT AS CLOSELYAS POSSIBLE. f. VERIZON RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY PERTAINING TO YOU YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR POLICIES RELATING TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORESERVICE).

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY BH LLC, OWNERSBH LLC MAKES NO OTHER WARRANTIES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. BH LLC makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. BH LLC makes no warranty that operation of the Software Product will be secure, WITH RESPECT TO error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELYSOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. BH LLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE “OFFERINGS”)LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. THE OFFERINGS ARE MADE AVAILABLE UNDER NO CIRCUMSTANCES SHALL BH LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSOFTWARE PRODUCT, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE OR OTHER LIABILITY ARISING OUT BREACH OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWARRANTY, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE NEGLIGENCE OF THE OFFERINGS WILL BE ACCURATE BH LLC OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN BH LLC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS BH LLC'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. 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 BH LLC. BH LLC reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If BH LLC is unable to provide a replacement or substitute Software Product or corrections to the Software Product, WHICHEVER IS MOREyour sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by BH LLC to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold BH LLC harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY HRETA, OWNERSHRETA MAKES NO OTHER WARRANTIES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN ANY LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE Earth Science Online Course. HRETA makes no warranty that the Earth Science Online Course will meet your requirements or operate under your specific conditions of use. HRETA makes no warranty that operation of the Earth Science Online Course will be secure, WITH RESPECT TO error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, Earth Science Online Course SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELYEarth Science Online Course TO MEET YOUR REQUIREMENTS. HRETA WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE “OFFERINGS”)LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. THE OFFERINGS ARE MADE AVAILABLE UNDER NO CIRCUMSTANCES SHALL HRETA, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSEarth Science Online Course, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE OR OTHER LIABILITY ARISING OUT BREACH OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWARRANTY, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE NEGLIGENCE OF THE OFFERINGS WILL BE ACCURATE HRETA OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN HRETA IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS HRETA'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Earth Science Online Course. Selection of whether to correct or replace shall be solely at the discretion of HRETA. HRETA reserves the right to substitute a functionally equivalent copy of the Earth Science Online Course as a replacement. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, WHICHEVER IS MOREabuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by HRETA to have been caused by you. All limited warranties on the Earth Science Online Course are granted only to you and are non-transferable. You agree to indemnify and hold HRETA harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Disclaimer of Warranties and Limitation of Liability. WE KSS TOKENS ARE TO BE PROVIDED ON AN “AS IS” BASIS AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, . YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO BUYING OF ANY AMOUNT OF KSS TOKENS AND THEIR USE. THE SERVICESBUYER HEREBY EXPRESSLY AGREES THAT, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELYMAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY SELLER DOES NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR LOSS, DAMAGEINCLUDING LOSS OF BUSINESS, FAILURE REVENUE, OR OTHER LIABILITY ARISING OUT PROFITS, OR LOSS OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTSDAMAGE TO DATA, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREEQUIPMENT, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, SOFTWARE (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE OTHERWISE), RESULTING FROM ANY USE OF OF, OR INABILITY TO USE USE, THIS WEBSITE OR THE OFFERINGSMATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR CONTENT ON THIS WEBSITE, AS WELL AS FROM PURCHASING OF KSS TOKENS, REGARDLESS OF THE BASIS, UPON WHICH THE LIABILITY IS CLAIMED AND EVEN IF WE HAVE THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. YOU AGREE THE BUYER UNDERSTANDS AND AGREES THAT THE SELLER SHALL NOT BE HELD LIABLE TO AND SHALL NOT ACCEPT ANY LIABILITY, OBLIGATION OR RESPONSIBILITY WHATSOEVER FOR ANY CHANGE OF THE VALUE OF KSS TOKENS. THE BUYER UNDERSTANDS AND EXPRESSLY AGREES THAT THE SELLER SHALL NOT GUARANTY IN ANY WAY THAT KSS TOKENS MIGHT BE SOLD OR TRANSFERRED DURING OR AFTER THE TOKEN SALE. IF APPLICABLE LAW DOES NOT ALLOW ALL CIRCUMSTANCES, PROVIDER’S OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR APPLY TO THE GREATEST BUYER, THE LIMITATIONS WILL APPLY TO THE BUYER ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE BUYER UNDERSTANDS AND AGREES THAT IT IS HIS/HER OBLIGATION TO ENSURE COMPLIANCE WITH ANY LEGISLATION RELEVANT TO HIS/HER COUNTRY OF DOMICILE CONCERNING PURCHASING OF KSS TOKENS, WHICHEVER IS MOREAND THAT THE SELLER SHOULD NOT ACCEPT ANY LIABILITY FOR ANY ILLEGAL OR UNAUTHORIZED PURCHASING OF KSS TOKENS. THE BUYER AGREES TO BE SOLELY RESPONSIBLE FOR ANY APPLICABLE TAXES IMPOSED ON KSS TOKENS PURCHASED HEREUNDER.

Disclaimer of Warranties and Limitation of Liability. WE a) THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. VERIZON (AND OUR AFFILIATED COMPANIESITS OFFICERS, OWNERSEMPLOYEES, AGENTSPARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY SERVICE PROVIDERSLICENSORS, THIRD PARTY CONTENT PROVIDERSPROVIDERS AND SUPPLIERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KINDREPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICESEXTENT PERMITTED BY APPLICABLE LAW, CONCERNING YOUR SERVICE. VERIZON DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, THIRD DATA OR INFORMATION. b) IN NO EVENT SHALL VERIZON (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD-PARTY SERVICESLICENSORS, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING PROVIDERS OR SUPPLIERS BE LIABLE FOR: (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v1) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF REVENUE OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE USE, PARTIAL USE OF OR INABILITY TO USE THE OFFERINGSSERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES; OR (2) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. c) VERIZON SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY THAT IS CAUSED BY ANY OF THE FOLLOWING: (1) ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR OTHER THIRD PARTY; (2) EQUIPMENT, NETWORK OR FACILITY FAILURE, UPGRADE, SHORTAGE, RELOCATION OR MODIFICATION; (3) EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER TO YOU; OR (4) ANY OTHER CAUSE THAT IS BEYOND VERIZON’S CONTROL. d) XXXXXXX’S LIABILITY FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. e) THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS) WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. UPON DETERMINATION THAT ANY SUCH EXCLUSION OR LIMITATION DOES NOT APPLY, VERIZON MAY, IN ITS SOLE DISCRETION, MODIFY THIS AGREEMENT TO EFFECT THE ORIGINAL INTENT AS CLOSELY AS POSSIBLE. f) VERIZON RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY PERTAINING TO YOU YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR POLICIES RELATING TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORESERVICE).

Disclaimer of Warranties and Limitation of Liability. WE THE SERVICE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, THE EQUIPMENT ARE PROVIDED ON AN "AS IS" AND ALL EMPLOYEES "AS AVAILABLE" BASIS. WAVE AND LICENSORS OF EACH AND EVERY ONE ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OF THE FOREGOING (COLLECTIVELYSERVICE, THAT THE “PROVIDER”) SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WAVE AND ITS SUPPLIERS MAKE NO EXPRESS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE AND THE EQUIPMENT AND DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. WAVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS AND VENDORS (COLLECTIVELY "WAVE PARTIES") WILL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS IN CONNECTION WITH RESPECT THE SERVICE AND THE EQUIPMENT RESULTING FROM: (I) AVAILABILITY OR QUALITY WITHIN THE COVERAGE AREA REGARDLESS OF THE CAUSE(S) OF THE PROBLEM; (II) OTHER USERS ACCESSING SUBSCRIBER DEVICE; (III) VARIATIONS IN THE SPEED OR BANDWIDTH AVAILABILITY TO EACH DEVICE CONNECTED TO THE SERVICESWAVE NETWORK; (IV) SECURITY BREACHES; (V) EAVESDROPPING; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; (VI) SUBSCRIBER’S RELIANCE ON OR USE OF THE SERVICE; (VII) INTERRUPTIONS (INCLUDING DUE TO MAINTENANCE), DELETION OF FILES, ERRORS, OR DEFECTS REGARDLESS OF WHETHER SUBSCRIBER’S DATA IS MAINTAINED ON THE WAVE SERVERS OR SUBSCRIBER DEVICE(S); (VIII) DELAYS IN OPERATION, TRANSMISSIONS, CORRUPTION OF DATA, INVALID DESTINATIONS OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; (IX) USE OF THE SERVICE CONTENT, BY SUBSCRIBER OR A THIRD PARTY SERVICESTHAT INFRINGES A THIRD PARTY'S COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OTHER INTELLECTUAL PROPERTY, PROPRIETARY, OR CONTRACTUAL RIGHTS; OR (X) ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY THIRD PARTY CONTENTPRODUCTS, AND ANYTHING RELATED TO EACH AND ALL SERVICES OR INFORMATION OR THE MERCHANTABILITY OF SUCH ITEMS (INCLUDING ANY SUCH ITEMS OFFERED THROUGH CO-BRANDED WEB SITES LINKED FROM THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”WAVE WEB SITES). THE OFFERINGS ARE MADE AVAILABLE WAVE PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR (I) SUBSCRIBER FAILURE TO YOU ON AN “AS ISPROPERLY INSTALL, AS AVAILABLE” BASIS. YOUR USE OR OPERATE THE EQUIPMENT OR (II) ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY OF SUBSCRIBER’S DEVICES, SOFTWARE, FILES, DATA, PERIPHERALS OR PROPERTY DUE TO SUBSCRIBER’S INSTALLATION, ATTEMPTED INSTALLATION, USE, REPAIR OR REMOVAL OF THE OFFERINGS IS AT YOUR SOLE EQUIPMENT. THE FOREGOING LIMITATIONS APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF THE WAVE PARTIES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ANY WAVE PARTY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. SUBSCRIBER’S EXCLUSIVE RISKAND ONLY REMEDIES UNDER THE AGREEMENT ARE AS EXPRESSLY SET FORTH IN THE AGREEMENT. PROVIDER DISCLAIMS RESPONSIBILITY THE CUMULATIVE LIABILITY OF ANY WAVE PARTY TO SUBSCRIBER FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM AND ALL CLAIMS RELATING TO THE USE OF THE OFFERINGS SERVICE AND THE EQUIPMENT WILL BE ACCURATE OR RELIABLE, (iv) NOT EXCEED THE QUALITY TOTAL AMOUNT OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH SERVCE FEES PAID DURING THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTEDTHREE MONTHS IMMEDIATELY PRECEDING A CLAIM. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERSCONTRARY, AFFILIATESNO WAVE PARTIES WILL, OPERATORSUNDER ANY CIRCUMSTANCES, OR PARENT COMPANIES SHALL BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECTCONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR RELATED TO THE GREATEST EXTENT PERMITTED BY LAWAGREEMENT, WHICHEVER IS MOREINCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF BUSINESS. SUBSCRIBER MAY HAVE OTHER RIGHTS UNDER CERTAIN LAWS IN CERTAIN STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY THE FOREGOING (COLLECTIVELYCOMPANY, THE “PROVIDER”) MAKE COMPANY MAKES NO WARRANTIES OF ANY KINDOTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. The Company makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. The Company makes no warranty that operation of the Software Product will be secure, WITH RESPECT TO error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”)SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. THE OFFERINGS ARE MADE AVAILABLE COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSOFTWARE PRODUCT, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE BREACH OF WARRANTY, OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE THE NEGLIGENCE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPANY OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN THE COMPANY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS THE COMPANY'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. 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 the Company. The Company reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If the Company is unable to provide a replacement or substitute Software Product or corrections to the Software Product, WHICHEVER IS MOREyour sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by the Company to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold the Company harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Disclaimer of Warranties and Limitation of Liability. WE You expressly agree that Oregon Farmers Mutual is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another's rights including, without limitation, privacy and intellectual property rights, and you hereby release Oregon Farmers Mutual for any such claims based on the activities of third parties. THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER OREGON FARMERS MUTUAL, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. OREGON FARMERS MUTUAL DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. OREGON FARMERS MUTUAL AND ITS EMPLOYEES, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, REPRESENTATIVES AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS AGENTS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE NOT LIABLE FOR ANY DIRECTCOSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE OF, THE LICENSED SOFTWARE, THE SERVICE (INCLUDING E-MAIL), EQUIPMENT FURNISHED BY OREGON FARMERS MUTUAL, OR XXXXXXX COMMUNICATION’S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A OREGON FARMERS MUTUAL INSTALLER, TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT DAMAGES, REGARDLESS OF THE USE OF WHETHER OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE NOT OREGON FARMERS MUTUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESANY EVENT, PROVIDERXXXXXXX COMMUNICATION’S CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR AND ALL CLAIMS RELATING TO THE GREATEST EXTENT PERMITTED BY LAWUSE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD. YOU HEREBY RELEASE OREGON FARMERS MUTUAL FROM ANY AND ALL OBLIGATIONS, WHICHEVER LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. OREGON FARMERS MUTUAL IS MOREALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. Your sole and exclusive remedies under this Agreement are as expressly set forth herein. Some states do not allow the Revised 3/09 exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.

Disclaimer of Warranties and Limitation of Liability. WE Terex makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Terex makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELYSOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. TEREX WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE “PROVIDER”) MAKE NO LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. TEREX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SOFTWARE PRODUCT OR ANY OTHER DELIVERABLES DELIVERED TO YOU HEREUNDER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF ANY KINDTITLE, EITHER EXPRESS OR IMPLIEDNON-INFRINGEMENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “SOFTWARE PRODUCT IS PROVIDED AS IS, AS AVAILABLE” BASISWITH ALL FAULTS. YOUR YOU USE OF THE OFFERINGS IS SOFTWARE AT YOUR SOLE AND EXCLUSIVE OWN RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR TEREX DOES NOT WARRANT THAT THE SOFTWARE PRODUCT OR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS DELIVERABLES DELIVERED TO YOU HEREUNDER WILL MEET YOUR REQUIREMENTS, ( i) OR THAT THE OFFERINGS OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECUREUNINTERRUPTED OR ERROR-FREE, OR ERROR FREETHAN DEFECTS IN THE SOFTWARE CAN BE CORRECTED. FURTHERMORE, ( i) TEREX DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM OF THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATIONSOFTWARE PRODUCT, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONSCONTENT OF THE SOFTWARE PRODUCT, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR (v) OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF TEREX AS PART OF THE SOFTWARE PRODUCT OR OTHERWISE SHALL CREATE A WARRANTY OR IN ANY ERRORS WILL BE CORRECTEDWAY INCREASE THE SCOPE OF TEREX’S OBLIGATIONS HEREUNDER. SHOULD THE SOFTWARE PRODUCT OR ANY OTHER DELIVERABLES DELIVERED TO YOU EXPRESSLY AGREE THAT HEREUNDER PROVE DEFECTIVE AFTER TEREX HAS DELIVERED THE SAME, YOU AND YOU ALONE SHALL ASSUME THE ENTIRE RISK AS COST ASSOCIATED WITH ALL DAMAGES, REPAIRS, SERVICING OR CORRECTION. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE PRODUCT IS NOT INTENDED TO THE QUALITY PROVIDE A SUBSTITUTE FOR MANUFACTURERS’ TECHNICAL MANUALS AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERSDOCUMENTATION APPLICABLE TO EQUIPMENT OPERATION, AFFILIATES, OPERATORSREPAIR, OR PARENT COMPANIES MAINTENANCE, AND THAT NO OPERATION, MAINTENENACE OR REPAIR OF ANY EQUIPMENT WHATSOEVER SHOULD BE UNDERTAKEN OR ATTEMPTED WITHOUT SUCH DOCUMENTATION. UNDER NO CIRCUMSTANCES SHALL TEREX, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECTINDIRECT, INDIRECTCONSEQUENTIAL, SPECIAL, INCIDENTAL, SPECIALPUNITIVE, OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM USE OF THE SOFTWARE PRODUCT OR THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR INABILITY TO USE THE OFFERINGSNEGLIGENCE OF TEREX OR ANY OTHER PARTY, EVEN IF WE HAVE BEEN TEREX IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS TEREX'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. 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 Terex. Terex reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Terex is unable to provide a replacement or substitute Software Product or corrections to the Software Product, WHICHEVER IS MOREyour sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must by you must be made within six (6) months of your purchase or use, whichever is earlier, of the Software Product. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Terex to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Terex harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or negligent acts or omissions.

Disclaimer of Warranties and Limitation of Liability. WE Organization makes no representations or warranties about the suitability of the Website for any particular purpose. Organization assumes no responsibility for any loss or harm that occurs resulting from your use of the Website. Your use of the Website is solely at your own risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you. THIS WEBSITE IS PROVIDED BY ORGANIZATION ON AN "AS IS" AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS"AS AVAILABLE" BASIS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PURPOSE AND NON- INFRINGEMENT. ORGANIZATION DOES NOT WARRANT THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON THE WEBSITE AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, FAILURE ERRORS OR OTHER LIABILITY ARISING OUT OF OMISSIONS OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) FOR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SUCH INFORMATION. ORGANIZATION DOES NOT WARRANT THAT THE OFFERINGS WILL BE ACCURATE WEBSITE IS SECURE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, FREE FROM VIRUSES OR OTHER MATERIAL THAT YOU OBTAIN THROUGH HARMFUL COMPONENTS. THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTEDINFORMATION CONTAINED ON THE WEBSITE IS NOT CONFIDENTIAL AND DOES NOT ESTABLISH A TREATMENT RELATIONSHIP. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERSMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AFFILIATES, OPERATORS, OR PARENT COMPANIES UNDER NO CIRCUMSTANCES SHALL ORGANIZATION BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES IN CONNECTION WITH THE USE OF OF, OR INABILITY TO USE THE OFFERINGSWEBSITE AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. BY USING OR ACCESSING THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. IF THE FOREGOING LIMITATIONS ARE DISALLOWED, IN ALL CIRCUMSTANCESANY EVENT, PROVIDER’S THE TOTAL LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ORGANIZATION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORE5.00 USD.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY TAPPS, OWNERSTAPPS MAKES NO OTHER WARRANTIES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. Tapps makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Tapps makes no warranty that operation of the Software Product will be secure, WITH RESPECT TO error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELYSOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. TAPPS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE “OFFERINGS”)LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. THE OFFERINGS ARE MADE AVAILABLE UNDER NO CIRCUMSTANCES SHALL TAPPS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU ON AN “AS ISOR ANY OTHER PARTY FOR INDIRECT, AS AVAILABLE” BASIS. YOUR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSSOFTWARE PRODUCT, DAMAGEWHETHER DUE TO A BREACH OF CONTRACT, FAILURE OR OTHER LIABILITY ARISING OUT BREACH OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREWARRANTY, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE NEGLIGENCE OF THE OFFERINGS WILL BE ACCURATE TAPPS OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSPARTY, EVEN IF WE HAVE BEEN TAPPS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS TAPPS'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THIS DISCLAIMER SHALL BE LIMITED TO $50 OR EFFECTIVE TO THE GREATEST MAXIMUM EXTENT PERMITTED BY LAWPERMITTED. 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 Tapps. Tapps reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Tapps is unable to provide a replacement or substitute Software Product or corrections to the Software Product, WHICHEVER IS MOREyour sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Tapps to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Tapps harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Disclaimer of Warranties and Limitation of Liability. WE 2.9.1. THE REMEDIES SET FORTH IN THE AGREEMENT ARE DEALER’S SOLE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS EXCLUSIVE REMEDIES FOR ANY FAILURE OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE FLUENT TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT. FLUENT MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGAND FLUENT DISCLAIMS ALL OTHER WARRANTIES WHATSOEVER, WITHOUT LIMITATION, WARRANTIES OF TITLE OR INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES EVENT SHALL FLUENT BE LIABLE FOR ANY DIRECTINDIRECT, INDIRECTCONSEQUENTIAL, INCIDENTAL, SPECIALPUNITIVE OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR UNDER-UTILIZATION OF LABOR OR FACILITIES, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST DATA, OR CONSEQUENTIAL DAMAGES ARISING OUT COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, REGARDLESS OF THE USE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR INABILITY TO USE THE OFFERINGSOTHERWISE, EVEN IF WE HAVE FLUENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR FOR TRANSPORTATION OR OTHER EXPENSES THAT MAY ARISE IN CONNECTION WITH SUCH PRODUCTS. 2.9.2. YOU AGREE THAT IN EXCEPT FOR DEATH OR BODILY INJURY RESULTING FROM FLUENT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FLUENT’S TOTAL LIABILITY FOR ALL CIRCUMSTANCESCLAIMS ARISING OUT OF, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL RELATING TO, THE PRODUCTS OR THIS AGREEMENT WILL BE LIMITED TO $50 OR GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL PURCHASE PRICE FOR THE PRODUCTS GIVING RISE TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORECLAIM.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, THIS WEBSITE AND ALL EMPLOYEES INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND LICENSORS OF EACH SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND EVERY ONE OF THE FOREGOING (COLLECTIVELY“AS AVAILABLE” BASIS, THE “PROVIDER”) MAKE UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. USER EXPRESSLY AGREES THAT THE USER’S USE OF THIS WEBSITE IS AT USER’S SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS WEBSITE, WITH RESPECT TO THE SERVICESINFORMATION, SERVICE CONTENT, THIRD PARTY SERVICESMATERIALS, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING PRODUCTS (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ON AN “AS ISUSER THROUGH THIS WEBSITE, AS AVAILABLE” BASISTHE SERVERS, OR E- MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY COMPANY WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE THIS WEBSITE OR RELIABLE, (iv) THE QUALITY OF FROM ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER MATERIAL THAT YOU OBTAIN SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONSTHIS WEBSITE, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS INCLUDING, BUT NOT LIMITED TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 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 CONSEQUENTIAL DAMAGES ARISING OUT LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Through User’s use of the Website, User may have the opportunities to engage in commercial transactions with other users and vendors. User acknowledges that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchased of such merchandise and services and User. COMPANY MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE, AND USER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT USER’S OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CONTENT, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE IS PROVIDED SOLELY BY SUCH THIRD PARTY OR THROUGH A SEPARATE ACKNOWLEDGEMENT. COMPANY DOES NOT INCLUDE ANY EXPRESS PRODUCT WARRANTY WITHIN THE TERMS OF THE USE OF OR INABILITY TO USE THE OFFERINGSUSE. Upon a request by Company, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESUser agrees to indemnify, defend and hold harmless Company from all liability, loss, claim and expense, including attorney’s fees, related to User’s violation of the Terms of Use or misuse of the Website. YOU AGREE THAT IN ALL CIRCUMSTANCESCompany hereby reserves the right, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAWat its own expense, WHICHEVER IS MOREto assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will cooperate with Company in asserting any available defenses. Company’s Privacy Policy, as it may change from time to time, is a part of the Terms of Use. User is solely responsible for reviewing any privacy policy incorporated into the Terms of Use. Although the Website may be accessible worldwide, Company makes no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Users who access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, services and/or information made in connection with this Website is void where prohibited.

Disclaimer of Warranties and Limitation of Liability. WE THE COURSES PURCHASED OR OTHERWISE MADE AVAILABLE TO PURCHASER THROUGH THIS SITE ARE PROVIDED BY K&R ON AN "AS IS" AND OUR AFFILIATED COMPANIES"AS AVAILABLE" BASIS, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE UNLESS OTHERWISE SPECIFIED IN WRITING. K&R MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE COURSES, PURCHASED OR OTHERWISE MADE AVAILABLE TO PURCHASERTHROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. PURCHASER EXPRESSLY AGREE THAT THE PURCHASE OF THE COURSES IS AT PURCHASER ‘S SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, K&R DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO . K&R DOES NOT WARRANT THAT THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL COURSES ARE FREE OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE VIRUSES OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS HARMFUL COMPONENTS. K&R WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE AND/OR USE OF COURSES ON OR OTHERWISE MADE AVAILABLE TO PURCHASER THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY LIMITATIONS MAY NOT APPLY TO USE THE OFFERINGSPURCHASER, EVEN IF WE AND PURCHASER MIGHT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREADDITIONAL RIGHTS.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY ON OFFICER OF CTS OR FORBIDDEN BY LAW, OWNERSCTS MAKES NO WARRANTIES, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN ANY LIMITED WARRANTY DOCUMENTS PROVIDED WITH RESPECT THE APPLICATION. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (a) IN NO EVENT WILL CTS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE; 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 CONTENTFAILURE, THIRD PARTY SERVICESMALFUNCTION, THIRD PARTY CONTENTOR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, AND ANYTHING RELATED READ, OR TRANSMIT INFORMATION; FAILURE TO EACH AND ALL UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY LOSSCONSEQUENTIAL, DAMAGEINCIDENTAL, FAILURE INDIRECT, EXEMPLARY, SPECIAL, OR OTHER LIABILITY PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH YOUR USE THIS AGREEMENT, BREACH OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT CONTRACT, TORT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREINCLUDING NEGLIGENCE), OR ERROR FREEOTHERWISE, ( i) REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN CTS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT . (b) IN ALL CIRCUMSTANCESNO EVENT WILL CTS’S AND ITS AFFILIATES’, PROVIDER’S INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS” AND SERVICE PROVIDERS’, COLLECTIVE AGGREGATE LIABILITY TO YOU FOR UNDER OR IN CONNECTION WITH THIS AGREEMENTOR ITS SUBJECT MATTER, UNDER ANY CLAIM LEGAL OR CAUSE EQUITABLE THEORY, INCLUDING BREACH OF ACTION SHALL BE LIMITED TO $50 OR CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER CTS PURSUANT TO THIS AGREEMENT FOR THE SOFTWARE THAT IS MORETHE SUBJECT OF THE CLAIM DURING THE THIREE-MONTH PERIOD IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE. (c) THE LIMITATIONS SET FORTH IN SECTION 10(a) AND SECTION 10(b) SHALL APPLY EVEN IF THE LICENSEE’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESSPGCI, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, ITS AFFILIATES AND ALL EMPLOYEES OF THEIR SUPPLIERS DISCLAIM ANY AND LICENSORS OF EACH ALL REPRESENTATIONS AND EVERY ONE OF THE FOREGOING (COLLECTIVELYWARRANTIES, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE AS TO THE INFORMATION, INCLUDING THE SERVICE(S), INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE. A REFERENCE TO A PARTICULAR INVESTMENT, SECURITY, RATING OR ANY OBSERVATION CONCERNING A SECURITY OR INVESTMENT PROVIDED IN THE INFORMATION IS NOT A RECOMMENDATION TO BUY, SELL OR HOLD SUCH INVESTMENT OR SECURITY OR MAKE ANY OTHER INVESTMENT DECISIONS AND DOES NOT ADDRESS THE SUITABILITY OF ANY INVESTMENT OR SECURITY. NO USER OF THE INFORMATION SHOULD RELY ON ANY INDEX, BENCHMARK, PRICE ASSESSMENT, OBSERVATION, OPINION OR OTHER INFORMATION CONTAINED IN THE INFORMATION IN MAKING ANY INVESTMENT OR OTHER DECISION. THE INFORMATION IS NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND EXPERIENCE OF SUBSCRIBER, ITS MANAGEMENT, EMPLOYEES, ADVISORS AND/OR CLIENTS IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONS. NEITHER SPGCI, NOR ITS AFFILIATES OR THEIR SUPPLIERS GUARANTEE THE ADEQUACY, ACCURACY, AVAILABILITY, TIMELINESS OR COMPLETENESS OF THE INFORMATION OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO ORAL OR WRITTEN COMMUNICATIONS (WHETHER IN ELECTRONIC OR OTHER FORMAT), WITH RESPECT THERETO. SPGCI, ITS AFFILIATES AND THEIR SUPPLIERS SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS IN THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH INFORMATION. THE INFORMATION AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS COMPONENTS THEREOF ARE MADE AVAILABLE TO YOU PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. YOUR BASIS AND SUBSCRIBER’S USE OF THE OFFERINGS INFORMATION IS AT YOUR SOLE AND EXCLUSIVE SUBSCRIBER’S OWN RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS NOTWITHSTANDING ANYTHING TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL SPGCI, ITS AFFILIATES OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL THEIR SUPPLIERS BE LIABLE FOR ANY DIRECTINDIRECT, INDIRECTSPECIAL, INCIDENTAL, SPECIALPUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS, TRADING LOSSES, BUSINESS INTERRUPTION LOSSES, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF LOST TIME OR INABILITY TO USE THE OFFERINGSGOODWILL, EVEN IF WE THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. YOU AGREE THAT IN ALL CIRCUMSTANCESSPGCI, PROVIDER’S LIABILITY TO YOU ITS AFFILIATES AND THEIR SUPPLIERS SHALL NOT BE LIABLE FOR ANY CLAIM CLAIMS AGAINST SUBSCRIBER BY THIRD PARTIES. IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF SPGCI, ITS AFFILIATES, AND THEIR SUPPLIERS IN CONNECTION WITH THE INFORMATION AND/OR CAUSE THIS AGREEMENT, ALL SERVICES ATTACHMENTS, AND ALL ADDENDA, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FEES PAID BY SUBSCRIBER TO SPGCI UNDER THE APPLICABLE SERVICES ATTACHMENT FOR THE INFORMATION IN QUESTION OR UNDER ANY APPLICABLE ADDENDUM IN THE MONTH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN. NOTHING IN THIS AGREEMENT SEEKS TO LIMIT OR RESTRICT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THIS AGREEMENT, ANY SERVICES ATTACHMENT, ANY ADDENDUM OR THE INFORMATION MAY BE BROUGHT BY SUBSCRIBER MORE THAN ONE (1) YEAR AFTER SUCH ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREHAS ACCRUED.

Disclaimer of Warranties and Limitation of Liability. WE You expressly agree that the Company is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another's rights including, without limitation, privacy and intellectual property rights, and you hereby release the Company for any such claims based on the activities of third parties. THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER THE COMPANY, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. THE COMPANY DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, PURPOSE AND ANYTHING RELATED TO EACH MERCHANTABILITY ARE HEREBY EXCLUDED AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”)DISCLAIMED. THE OFFERINGS COMPANY AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE NOT LIABLE FOR ANY DIRECTCOSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE OF, THE LICENSED SOFTWARE, THE SERVICE (INCLUDING E-MAIL), EQUIPMENT FURNISHED BY THE COMPANY, OR THE COMPANY'S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE, AND YOU AGREE THAT THIS DISCLAIMER OF LIABILITY APPLIES EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A THE COMPANY INSTALLER, TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE AND YOU FURTHER AGREE THAT THIS DISCLAIMER OF LIABILITY INCLUDES ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT DAMAGES, REGARDLESS OF WHETHER OR NOT THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESANY EVENT, PROVIDER’S THE COMPANY'S CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR AND ALL CLAIMS RELATING TO THE GREATEST EXTENT PERMITTED BY LAWUSE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING ONE (1)-MONTH PERIOD. YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL OBLIGATIONS, WHICHEVER LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. THE COMPANY IS MOREALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. Your sole and exclusive remedies under this Agreement are as expressly set forth herein. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.

Disclaimer of Warranties and Limitation of Liability. WE EXCEPT AS EXPRESSLY PROVIDED ELSEHWERE IN THIS AGREEMENT, THE APPLICATION SERVICES AND OUR AFFILIATED COMPANIESCONSULTING SERVICES ARE PROVIDED 'AS IS' AND LICENSOR HEREBY DISCLAIMS ALL OTHER WARRANTIES, OWNERSORAL OR WRITTEN, AGENTSEXPRESSED OR IMPLED, INCLUDING WITHOUT LIMITATION, THE WARRANT OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES OF NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. LICENSOR IS NOT AN INSURER WITH RESPECT TO LICENSEE'S USE OF THE APPLICATION SERVICES AND CONSULTING SERVICES AND, THEREFOR, EXCEPT AS PROVIDED ELSEWHERE IN THIS AGREEMENT, LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY THIRD PARTY SERVICE PROVIDERSFOR ANY INDIRECT, THIRD PARTY CONTENT PROVIDERSSPECIAL CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, GOVERNMENTAL COMPLIANCE SANCTIONS, LOSS OF DATA OR OTHER INFORMATION, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELYLIKE) ARISING OUT OF, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIEDRELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING LIABILITY RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE UNAVAILABILITY OF THE OFFERINGSAPPLICATION SERVICES, EVEN IF WE HAVE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMIT OF LICENSOR'S LIABILITY, INCLUDING ANY LIABILITY OF ANY LICENSOR CONTRACTOR OR AFFILIATE, TO LICENSEE OR ANY THIRD PARTY CONCERNING THE PERFORMANCE OR NON-PERFORMANCE OF LICENSOR, OR IN ALL CIRCUMSTANCESANY MANNER RELATED TO THIS AGREEMENT, PROVIDER’S REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, BY STATUE, NEGLIGENCE, STRICT LIABILITY TO YOU FOR ANY CLAIM IN TORT, OR CAUSE OF ACTION OTHERWISE, SHALL IN THE AGGREGATE BE LIMITED TO $50 OR THE FEES PAID BY LICENSEE TO LICENSOR HEREUNDER DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE MONTH IN WHICH THE EVENT GIVING RISE TO THE GREATEST EXTENT PERMITTED BY LAWCLAIM OCCURRED. SECTION 15: SERVICE LEVEL PROVISIONS A. NOTIFICATION AND PROBLEM REPORTING (1) Licensor shall notify Licensee by electronic notification of any planned outages of the Application Services for maintenance purposes at least 24 hours prior to the planned outage. (2) The designated Licensee representative(s) will contact licensor Technical Support for all problems related to the Application Services. Licensor will determine the nature of the problem, WHICHEVER IS MOREset the relative priority and open a trouble ticket to initiate the problem resolution process in accordance with Section (3) below. Licensor Technical Support is available via email and support tickets, 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday.

Disclaimer of Warranties and Limitation of Liability. WE YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND OUR AFFILIATED COMPANIESTHAT THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND WITHOUT LIMITING THE FOREGOING, OWNERSNEITHER IRACING.COMNORITSAFFILIATESOR SUBSIDIARIES, ORANY OFTHEIRDIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY SERVICE PROVIDERSATTORNEYS, THIRD THIRD-PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND DISTRIBUTORS, LICENSEES OR LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDERxXxxxxx.xxx Parties”) MAKE NO WARRANTIES OF ANY KINDWARRANT THAT THE SITE WILL BE UNINTERRUPTED, EITHER UNCORRUPTED, TIMELY, OR ERROR-FREE, OR THAT OR THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY. WITHOUT LIMITATION, XXXXXXX.XXX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSEPURPOSE OR USE, WITH RESPECT AND NON-INFRINGEMENT. XXXXXXXXXXXXXX.XXX NOR ITSAFFILIATES OR LICENSORS, NOR ANYOFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY OFTHE FOREGOING, WILL BE LIABLE IN ANY WAYFOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM OR OTHERWISE RELATING TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL SITE OR THE USE THEREOF. IN NO EVENT WILL ANY OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE SUCH XXXXXXX.XXX PARTIES BE LIABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESIf, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO notwithstanding the foregoing exclusions, it is determined xxxxxXxxxxx.xxx isliable for damages, in no event will xXxxxxx.xxx’s liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) $50 OR 500. You hereby agree to defend, indemnify and hold xXxxxxx.xxx harmless from and against any claim, liability, loss, injury, damage, costor expense (including reasonable attorneys’ fees) incurred xxxXxxxxx.xxx arising out of or from your use of the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. You agree that the provisions in this paragraph will survive any termination of this Agreement. TO THE GREATEST FULLEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORETHESE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGESORINJURYWHATSOEVER CAUSED BY ORRELATED TO USEOF, OR INABILITY TO USE, THE SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESPLATTS, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, ITS AFFILIATES AND ALL EMPLOYEES OF THEIR THIRD-PARTY LICENSORS DISCLAIM ANY AND LICENSORS OF EACH ALL REPRESENTATIONS AND EVERY ONE OF THE FOREGOING (COLLECTIVELYWARRANTIES, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR USE AS TO THE PLATTS INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE SERVICE(S), INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. A REFERENCE TO A PARTICULAR INVESTMENT, SECURITY, RATING OR ANY OBSERVATION CONCERNING A SECURITY OR INVESTMENT PROVIDED IN THE PLATTS INFORMATION IS NOT A RECOMMENDATION TO BUY, SELL OR HOLD SUCH INVESTMENT OR SECURITY OR MAKE ANY OTHER INVESTMENT DECISIONS. NEITHER PLATTS, NOR ITS AFFILIATES OR THEIR THIRD-PARTY LICENSORS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE PLATTS INFORMATION OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO ORAL OR WRITTEN COMMUNICATIONS (WHETHER IN ELECTRONIC OR OTHER FORMAT), WITH RESPECT THERETO. ACCORDINGLY, ANY USER OF THE INFORMATION CONTAINED IN ANY OF THE PLATTS INFORMATION SHOULD NOT RELY ON ANY RATING OR OTHER OPINION CONTAINED THEREIN IN MAKING ANY INVESTMENT OR OTHER DECISION. PLATTS, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS IN THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH PLATTS INFORMATION. THE PLATTS INFORMATION AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS COMPONENTS THEREOF ARE MADE AVAILABLE TO YOU PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. YOUR BASIS AND SUBSCRIBER’S USE OF THE OFFERINGS PLATTS INFORMATION IS AT YOUR SOLE AND EXCLUSIVE SUBSCRIBER’S OWN RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS NOTWITHSTANDING ANYTHING TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL PLATTS, ITS AFFILIATES OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL THEIR THIRD-PARTY LICENSORS BE LIABLE FOR ANY DIRECTINDIRECT, INDIRECTSPECIAL, INCIDENTAL, SPECIALPUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, TRADING LOSSES, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF LOST TIME OR INABILITY TO USE THE OFFERINGSGOODWILL, EVEN IF WE THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. YOU AGREE THAT IN ALL CIRCUMSTANCESPLATTS, PROVIDER’S LIABILITY TO YOU ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIM CLAIMS AGAINST SUBSCRIBER BY THIRD PARTIES. IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF PLATTS, ITS AFFILIATES, AND THEIR THIRD-PARTY LICENSORS IN CONNECTION WITH THE PLATTS INFORMATION AND/OR CAUSE THIS AGREEMENT, REGARDLESS OF ACTION SHALL BE LIMITED THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FEES PAID BY SUBSCRIBER TO $50 PLATTS UNDER THE APPLICABLE SERVICES ATTACHMENT FOR THE PLATTS INFORMATION IN QUESTION IN THE MONTH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN. NOTHING IN THIS AGREEMENT SEEKS TO LIMIT OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORERESTRICT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESYour access to and use of the DanubeNet Service, OWNERSand products and services of DanubeNet Service, AGENTSis at your own risk. DanubeNet and its affiliates, THIRD PARTY SERVICE PROVIDERSwill not be liable for any damage, THIRD PARTY CONTENT PROVIDERSloss or disclosure of information, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE data, revenue, accounts or business that occurs in connection with your use of the DanubeNet Service, or such products or services. DanubeNet makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the DanubeNet Service, or such products or services. Without limiting the foregoing, DANUBENET AND/OR ITS RESPECTIVE PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE FOREGOING (COLLECTIVELYINFORMATION, THE “PROVIDER”) MAKE NO WARRANTIES SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN DANUBENET SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DANUBENET AND/OR ITS RESPECTIVE AFFILIATES HEREBY DISCLAIM ALL REPRESENTATIONS, EITHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDINGWITH REGARD TO THIS INFORMATION, WITHOUT LIMITATIONSOFTWARE, WARRANTIES OF TITLE PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, TITLE AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”)NON-INFRINGEMENT. THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE IN NO EVENT SHALL DANUBENET AND/OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY 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 DANUBENET SERVICE OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE DANUBENET SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH DANUBENET SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF DANUBENET SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR INABILITY TO USE THE OFFERINGSOTHERWISE, EVEN IF WE HAVE DANUBENET OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESBECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PROVIDER’S THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE MAXIMUM LIABILITY TO OF DANUBENETTO YOU FOR ANY CLAIM LOSS, CLAIM, DAMAGE, OR CAUSE LIABILITY OF ACTION ANY KIND, INCLUDING DUE TO DANUBENET INC.'S NEGLIGENCE, SHALL BE LIMITED TO $50 THE AMOUNT PAID BY YOU TO DANUBENETFOR THE PARTICULAR MONTH THAT GAVE RISE TO SUCH CLAIM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF DANUBENET SERVICE, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING DANUBENET SERVICE AND ITS RELATED SERVICES. WITHOUT LIMITING THE GREATEST EXTENT PERMITTED FOREGOING, DANUBENET IS NOT RESPONSIBLE FOR ANY OF YOUR DATA RESIDING ON DANUBENET AND DANUBENET SERVICE HARDWARE. IT IS YOUR RESPONSIBILITY TO TAKE THE NECESSARY STEPS TO ENSURE YOUR PRIMARY MEANS OF BUSINESS IS MAINTAINED. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, DANUBENETMAKES NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY, ERROR FREE OR ALWAYS AVAILABLE; (II) REGARDING THE RELIABILITY OR ACCURACY OF THE SERVICES OR OF THE INFORMATION DISTRIBUTED, OBTAINED OR PRESENTED VIA THE SERVICES AND YOUR USE OF SUCH INFORMATION IS AT YOUR DISCRETION AND RISK; (III) THAT THE SERVICES WILL MEET ANY OF YOUR REQUIREMENT; OR (IV) THAT DANUBENETWILL CONTINUE TO OPERATE ITS SERVICE IN ITS CURRENT FORM. USE OF THE SERVICES BY LAW, WHICHEVER YOU IS MOREAT YOUR SOLE RISK.

Disclaimer of Warranties and Limitation of Liability. WE EXCEPT FOR CERTAIN PRODUCTS AND OUR AFFILIATED COMPANIESSERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY XXXXXX WIRELESS, OWNERSXXXXXX WIRELESS DOES NOT CONTROL ANY MATERIALS, AGENTSINFORMATION, THIRD PARTY SERVICE PROVIDERSPRODUCTS, THIRD PARTY CONTENT PROVIDERSOR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. XXXXXX WIRELESS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENTPRODUCTS, AND ANYTHING RELATED TO EACH OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL OF MERCHANDISE PROVIDED THROUGH THE FOREGOING (COLLECTIVELY, SERVICE OR THE “OFFERINGS”)INTERNET. THE OFFERINGS SERVICES ARE MADE AVAILABLE TO YOU PROVIDED ON AN “AS IS, ” AND “AS AVAILABLE” BASIS. XXXXXX WIRELESS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERRORFREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XXXXXX WIRELESS MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH XXXXXX WIRELESS OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY XXXXXX WIRELESS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. XXXXXX WIRELESS AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISKSERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. PROVIDER DISCLAIMS RESPONSIBILITY IN ANY EVENT, XXXXXX WIRELESS’ CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM AND ALL CLAIMS RELATING TO THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) SERVICES SHALL NOT EXCEED THE QUALITY TOTAL AMOUNT OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORESERVICE FEES PAID DURING A TWO MONTH PERIOD.

Disclaimer of Warranties and Limitation of Liability. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE AND OUR AFFILIATED COMPANIESWILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL- OF-SERVICE ATTACK, OWNERSVIRUSES, AGENTSOR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, THIRD PARTY SERVICE PROVIDERSCOMPUTER PROGRAMS, THIRD PARTY CONTENT PROVIDERSDATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SITE, ITS CONTENT, AND ALL EMPLOYEES ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND LICENSORS OF EACH ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND EVERY ONE OF THE FOREGOING (COLLECTIVELY"AS AVAILABLE" BASIS, THE “PROVIDER”) MAKE NO WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE . WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REPRESENTATION WITH RESPECT TO THE SERVICESCOMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERRORFREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR XXXXXXXXXXXX.XX THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS 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. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE OR OUR LICENSORS, SERVICE CONTENTPROVIDERS, THIRD PARTY SERVICESEMPLOYEES, THIRD PARTY CONTENTAGENTS, AND ANYTHING RELATED TO EACH AND ALL OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF THE FOREGOING (COLLECTIVELYANY KIND, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS ISUNDER ANY LEGAL THEORY, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECUREUSE, OR ERROR FREEINABILITY TO USE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE USE OF THE OFFERINGS WILL BE ACCURATE SITE OR RELIABLESUCH OTHER WEBSITES, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, SPECIALCONSEQUENTIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF THE USE REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR INABILITY TO USE THE OFFERINGSANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF FORESEEABLE. THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM CANNOT BE EXCLUDED OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY UNDER APPLICABLE LAW, WHICHEVER IS MORE.

Disclaimer of Warranties and Limitation of Liability. WE LIMITATION OF WARRANTIES AND OUR AFFILIATED COMPANIESLIABILITY: MHC, OWNERSITS PARENT, AGENTSAFFILIATES, THIRD PARTY SERVICE PROVIDERSEMPLOYEES, THIRD PARTY CONTENT PROVIDERS, (COLLECTIVELY AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELYINDIVIDUALLY, THE “PROVIDERMHC GROUP”) MAKE NO WARRANTIES OF ANY KINDWARRANTIES, EITHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES ANY WARRANTY OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT PURPOSE AS TO THE SERVICESEQUIPMENT FURNISHED TO CUSTOMER AND/OR SERVICES PROVIDED, SERVICE CONTENTANY WARRANTY OF NON-INFRINGEMENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR AND/OR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS CABLE MODEM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, SECURE OR ERROR FREE. THE MHC GROUP MAKES NO WARRANTY OF ANY KIND, ( i) EXPRESSED OR IMPLIED, REGARDING THE RESULTS THAT INFORMATION OR DATA OBTAINED THROUGH MHC CABLE MODEM SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THESE PROVISIONS MAY NOT APPLY TO CUSTOMER. THE MHC GROUP SHALL NOT BE OBTAINED LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FOR ANY FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. THE MHC GROUP SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. NOR SHALL MHC BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACTS OF A THIRD PARTY. CUSTOMER HEREBY INDEMNIFIES AND HOLDS HARMLESS THE MHC GROUP FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (I) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT CUSTOMER’S USE OF THE OFFERINGS WILL BE ACCURATE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR RELIABLE, (iv) THE QUALITY OTHER INTELLECTUAL PROPERTY RIGHT OF ANY PRODUCTS, SERVICES, INFORMATION, THIRD PARTY; (II) ANY BREACH OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, ALLEGED BREACH BY CUSTOMER OF THIS AGREEMENT; OR (vIII) ANY ERRORS INJURY TO PERSON OR PROPERTY RESULTING FROM CUSTOMER’S NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL MHC GROUP BE LIABLE FOR ANY DIRECTINCIDENTAL, INDIRECT, INCIDENTALPUNITIVE, SPECIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDERTHE MHC GROUP’S MAXIMUM TOTAL LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION CUSTOMER ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED AMOUNT ACTUALLY PAID BY LAW, WHICHEVER IS MORECUSTOMER IN THE TWELVE MONTHS PRECEDING CUSTOMER’S CLAIM.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES a. THIS PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS WHETHER EXPRESS, IMPLIED, OR IMPLIEDSTATUTORY, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT AND NON- INFRINGEMENT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”)EXTENT PERMITTED BY APPLICABLE LAW. THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THIS PRODUCT IS WITH YOU. SHOULD THIS PRODUCT PROVE DEFECTIVE, YOU ASSUME THE OFFERINGS AND THE ACCURACY OR COMPLETENESS COST OF ITS CONTENT. NEITHER WE NOR OUR PARTNERSALL NECESSARY SERVICING, AFFILIATES, OPERATORSREPAIR, OR PARENT COMPANIES CORRECTION. b. YOU SHALL BE LIABLE FOR INDEMNIFY, DEFEND AND HOLD EWR, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND APPLICABLE COPYRIGHT/TRADEMARK OWNERS, HARMLESS FROM AND AGAINST ANY DIRECTAND ALL LIABILITY, INDIRECTDAMAGES, INCIDENTALLOSSES, SPECIALSETTLEMENTS, PENALTIES, FINES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), DEMANDS, CAUSES OF ACTION, CLAIMS, ACTIONS, PROCEEDINGS, AND SUITS, DIRECTLY RELATED TO OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR YOUR USE, INABILITY TO USE USE, COPYING, (RE)DISTRIBUTION, IMPORT AND/OR (RE)EXPORT OF THIS PRODUCT (OR PORTIONS THEREOF) AND/OR YOUR BREACH OF ANY TERM OF THIS LICENSE. c. THE OFFERINGSMAXIMUM LIABILITY OF EWR, EVEN IF WE HAVE BEEN ADVISED OF INC. SHALL NOT EXCEED THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO TOTAL LICENSING FEES PAID BYT THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORELICENSEE.