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 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 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 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 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. Limitation of Remedies and Damages 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 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 BE CONSTRUED AS A COURSE OF CONDUCT BY BREEZELINE. IN NO EVENT SHALL A SERVICE INTERRUPTION BE DEEMED A BREACH OF THE AGREEMENT BY BREEZELINE. A SERVICE INTERRUPTION SHALL NOT QUALIFY FOR A CREDIT IF SUCH SERVICE INTERRUPTION IS RELATED TO, ASSOCIATED WITH, OR CAUSED BY (I) SCHEDULED MAINTENANCE EVENTS, (II) CUSTOMER ACTION OR INACTION, (III) CUSTOMER-PROVIDED POWER OR CUSTOMER EQUIPMENT, (IV) ANY THIRD PARTY NOT CONTRACTED THROUGH BREEZELINE, OR (V) A FORCE MAJEURE EVENT (DEFINED BELOW) (EACH AN “EXCEPTION TO SERVICE INTERRUPTION CREDITS”). BREEZELINE DOES NOT WARRANT THAT THE SERVICES OR BREEZELINE EQUIPMENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BREEZELINE 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. BREEZELINE DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO THE GREATEST EXTENT PERMITTED BY LAWYOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OFTIME. For Connecticut Residents: In the event of an interruption of Video Service of more than twenty four (24) consecutive hours and of which Breezeline has received actual notice, WHICHEVER IS MOREa credit will be issued to your Video Service MRC for the length of time Video Service was interrupted. Please contact Customer Service (as listed in Section 14.7) to request a credit. For Maine Residents: In the event Video Service is interrupted for more than six (6) consecutive hours in a thirty (30) day period, you may request a pro-rata credit or refund by calling Breezeline at the number set forth in Section 14.7.

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 AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, DIGITAL CERTIFICATES THE POCKETBOOK 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 POCKETBOOK SERVICES ARE PROVIDED BY POCKETBOOK ON AN "AS IS" AND EVERY ONE OF THE FOREGOING (COLLECTIVELY"AS AVAILABLE" BASIS, THE “PROVIDER”) MAKE UNLESS OTHERWISE SPECIFIED IN WRITING. POCKETBOOK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE POCKETBOOK SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE POCKETBOOK SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE POCKETBOOK SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POCKETBOOK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POCKETBOOK DOES NOT WARRANT THAT THE POCKETBOOK SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE POCKETBOOK SERVICES, POCKETBOOK'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM POCKETBOOK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POCKETBOOK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY POCKETBOOK SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY POCKETBOOK SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, 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 LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. TO THE DEGREE NOT EXPRESSLY PROHIBITED BY APPLICABLE LAWS, POCKETBOOK AND ANY OF ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY HARM CAUSED TO AN INDIVIDUAL OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF PROFIT, DAMAGE TO OR LOSS OF DATA, FAILURE DURING TRANSMISSION OR RECEIPT OF ANY DATA, AN INTERRUPTION IN ANY COMMERCIAL ACTIVITY OR ANY OTHER COMMERCIAL OR NONCOMMERCIAL LOSSES OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE POCKETBOOK READING DEVICES OR SOFTWARE AND SERVICES OR ANY THIRD-PARTY SOFTWARE AND APPLICATIONS RELATED TO THE USE OF POCKETBOOK SOFTWARE FOR ANY PURPOSE REGARDLESS OF THE LIABILITY THEORY (BY CONTRACT, TORT OR OTHERWISE) EVEN IF POCKETBOOK WAS AWARE OF THE POTENTIAL OCCURRENCE OF SUCH LOSSES. SOME JURISDICTIONS PROHIBIT LIMITATION OF LIABILITY FOR HARM TO INDIVIDUALS OR FOR INCIDENTAL OR INDIRECT DAMAGES. SO, SUCH LIMITATIONS MAY NOT APPLY TO YOU. AT ANY RATE, THE TOTAL LIABILITY OF POCKETBOOK TO YOU SHALL BE LIMITED TO 250 (TWO HUNDRED FIFTY) US DOLLARS FOR ALL LOSSES (OTHER THAN THOSE SUBJECT TO COMPENSATION IN ACCORDANCE WITH REQUIREMENTS OF APPLICABLE LAWS WHEN HARM IS CAUSED TO AN INDIVIDUAL). THE ABOVE LIMITATIONS SHALL APPLY EVEN IF THE APPLICATION OF ANY REMEDIES LISTED ABOVE DOES NOT CORRESPOND TO ITS MAIN PURPOSE. ALL AND ANY SOFTWARE MAY BE PREINSTALLED, INSTALLED OR SUBSEQUENTLY INSTALLED ON THE READING DEVICES BY POCKETBOOK, OBREEY CONTENT MANAGEMENT S.A., YOU OR THE READING DEVICE AUTOMATICALLY AND IS PROVIDED AS IS UNLESS OTHERWISE INDICATED. YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF HOW ANY SOFTWARE IS INSTALLED, NEITHER POCKETBOOK , NOR OBREEY CONTENT MANAGEMENT S.A. OFFERS ANY WARRANTIES OR PROMISES AND SHALL OR CAN UNDER ANY CIRCUMSTANCES BE LIABLE FOR THE CONTENT, ADEQUACY AND CORRECTNESS OF OPERATION, QUALITY, SAFETY AND AUTHORSHIP OF ANY ELEMENT AND THE SOFTWARE AS A WHOLE. IN ADDITION, TO THE DEGREE EXPRESSLY NOT PROHIBITED BY APPLICABLE LAWS, POCKETBOOK AND OBREEY CONTENT MANAGEMENT S.A. DO NOT GUARANTEE ADEQUATE AND APPROPRIATE OPERATION OF THE READING DEVICE OR ANY PART THEREOF WITH ANY PREINSTALLED OR INSTALLED PROGRAMS AND APPLICATIONS. The functionality of Pocketbook Software supports acceptance of digital certificates issued by Pocketbook or third parties. YOU ARE INDIVIDUALLY AND FULLY RESPONSIBLE FOR A DECISION TO ACCEPT OR REJECT A CERTIFICATE ISSUED BY POCKETBOOK OR A THIRD PARTY. YOU USE DIGITAL CERTIFICATES AT YOUR OWN RISK. TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAWS POCKETBOOK PROVIDES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH ACCURACY, SAFETY OR NO BREACH OF THIRD-PARTY RIGHTS IN 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 MOREDIGITAL CERTIFICATES.

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. 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 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 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. Limitation of Remedies and Damages 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. 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 MOREFinancial Information You 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 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. Limitation of Remedies and Damages 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 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 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.

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 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 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 SERVICES OR THAT THE SERVICES OR ATLANTIC BROADBAND 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 ATLANTIC BROADBAND 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 ATLANTIC BROADBAND ARE AT ITS SOLE DISCRETION AND IN NO EVENT SHALL CONSTITUTE OR BE CONSTRUED AS A COURSE OF CONDUCT BY ATLANTIC BROADBAND. IN NO EVENT SHALL A SERVICE INTERRUPTION BE DEEMED A BREACH OF THE AGREEMENT BY ATLANTIC BROADBAND. A SERVICE INTERRUPTION SHALL NOT QUALIFY FOR A CREDIT IF SUCH SERVICE INTERRUPTION IS RELATED TO, ASSOCIATED WITH, OR CAUSED BY (I) SCHEDULED MAINTENANCE EVENTS, (II) CUSTOMER ACTION OR INACTION, (III) CUSTOMER-PROVIDED POWER OR CUSTOMER EQUIPMENT, (IV) ANY THIRD PARTY NOT CONTRACTED THROUGH ATLANTIC BROADBAND, OR (V) A FORCE MAJEURE EVENT (DEFINED BELOW) (EACH AN “EXCEPTION TO SERVICE INTERRUPTION CREDITS”). 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 LAWYOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OFTIME. For Connecticut Residents: In the event of an interruption of Video Service of more than twenty four (24) consecutive hours and of which Atlantic Broadband has received actual notice, WHICHEVER IS MOREa credit will be issued to your Video Service MRC for the length of time Video Service was interrupted. Please contact Customer Service (as listed in Section 14.7) to request a credit. For Maine Residents: In the event Video Service is interrupted for more than six (6) consecutive hours in a thirty (30) day period, you may request a pro-rata credit or refund by calling Atlantic Broadband at the number set forth in Section 14.7.

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 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 LAWYOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. For Connecticut Residents: In the event of an interruption of Video Service of more than twenty four (24) consecutive hours and of which we have received actual notice, WHICHEVER IS MOREa credit will be issued to your Video Service monthly service charges for the length of time Video Service was interrupted. Please contact Customer Service (as listed in Section 14.7) to request a credit. For Maine Residents: In the event Video Service is interrupted for more than six (6) consecutive hours in a thirty (30) day period, you may request a pro-rata credit or refund by calling us at the number set forth in Section 14.7. For New York Residents: In the event Video Service is interrupted for at least four (4) continuous hours, except where caused by Subscriber, a credit equal to one day will be issued to your Video Service monthly service charges. Please call us at the number set forth in Section 14.7 to request a credit.

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 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 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 SERVICES OR THAT THE SERVICES OR ATLANTIC BROADBAND 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 ATLANTIC BROADBAND WITHIN FIFTEEN (15) 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 ATLANTIC BROADBAND ARE AT ITS SOLE DISCRETION AND IN NO EVENT SHALL CONSTITUTE OR BE CONSTRUED AS A COURSE OF CONDUCT BY ATLANTIC BROADBAND. IN NO EVENT SHALL A SERVICE INTERRUPTION BE DEEMED A BREACH OF THE AGREEMENT BY ATLANTIC BROADBAND. A SERVICE INTERRUPTION SHALL NOT QUALIFY FOR A CREDIT IF SUCH SERVICE INTERRUPTION IS RELATED TO, ASSOCIATED WITH, OR CAUSED BY (I) SCHEDULED MAINTENANCE EVENTS, (II) CUSTOMER ACTION OR INACTION, (III) CUSTOMER-PROVIDED POWER OR CUSTOMER EQUIPMENT, (IV) ANY THIRD PARTY NOT CONTRACTED THROUGH ATLANTIC BROADBAND, OR (V) A FORCE MAJEURE EVENT (DEFINED BELOW) (EACH AN “EXCEPTION TO SERVICE INTERRUPTION CREDITS”). 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 LAWYOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OFTIME. For Connecticut Residents: In the event of an interruption of Video Service of more than twenty four (24) consecutive hours and of which Atlantic Broadband has received actual notice, WHICHEVER IS MOREa credit will be issued to your Video Service MRC for the length of time Video Service was interrupted. Please contact Customer Service (as listed in Section 14.7) to request a credit. For Maine Residents: In the event Video Service is interrupted for more than six (6) consecutive hours in a thirty (30) day period, you may request a pro-rata credit or refund by calling Atlantic Broadband at the number set forth in Section 14.7.

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 LAWYOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. For Connecticut Residents: In the event of an interruption of Video Service of more than twenty four (24) consecutive hours and of which we have received actual notice, WHICHEVER IS MOREa credit will be issued to your Video Service monthly service charges for the length of time Video Service was interrupted. Please contact Customer Service (as listed in Section 14.7) to request a credit. For Maine Residents: In the event Video Service is interrupted for more than six (6) consecutive hours in a thirty (30) day period, you may request a pro-rata credit or refund by calling us at the number set forth in Section 14.7. For New York Residents: In the event Video Service is interrupted for at least four (4) continuous hours, except where caused by Subscriber, a credit equal to one day will be issued to your Video Service monthly service charges. Please call us at the number set forth in Section 14.7 to request a credit.

Disclaimer of Warranties and Limitation of Liability. WE (a) 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; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, WITH RESPECT COURSE OF DEALING OR USAGE OF TRADE; (iii) ANY WARRANTIES AS TO THE SERVICESACCURACY, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL AVAILABILITY OR CONTENT OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE ORBCOMM SYSTEM OR ANY SERVICES AND/OR PRODUCTS PROVIDED BY OR THROUGH ANY OF THE OFFERINGS IS AT YOUR SOLE ORBCOMM ENTITIES UNDER THIS AGREEMENT; 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 ANY WARRANTY UNDER ANY THEORY OF LAW, INCLUDING ANY PRODUCTSTORT, SERVICESNEGLIGENCE, INFORMATIONSTRICT LIABILITY, CONTRACT OR OTHER MATERIAL LEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) IS NOT CONTAINED IN THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY 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 MOREORBCOMM ENTITIES.

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 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 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 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. Limitation of Remedies and Damages 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. Trademarks and proprietary notices 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). Changes and Updates 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 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 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 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 AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERSEXCEPT AS OTHERWISE PROVIDED HEREIN, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELYSUBJECT TO APPLICABLE LAW, THE “PROVIDER”) MAKE ZELLE NETWORK MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. THE ZELLE NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS EXPRESS, IMPLIED, STATUTORY OR IMPLIEDOTHERWISE, 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 THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”)DESCRIBED OR PROVIDED. THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE OF ZELLE NETWORK DOES NOT WARRANT THAT 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 SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURESECURE OR ERROR- FREE, 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 DEFECTS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME ZELLE IS PROVIDED 21 $1 ³$6 ,6´ $1' ³$6 $9$,/$%/(´ %$6,6 EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE OFFERINGS AND THE ACCURACY ZELLE NETWORK, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE USE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN ZELLE DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR INABILITY DATA; OR (IV) ANY OTHER MATTER RELATING TO USE THE OFFERINGSZELLE DESCRIBED OR PROVIDED, EVEN IF WE HAVE THE ZELLE NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU AGREE THAT ARE DISSATISFIED WITH THE ZELLE NETWORK¶6 SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ZELLE. IN ALL CIRCUMSTANCESTHOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, PROVIDER’S ANY LIABILITY TO YOU FOR ANY CLAIM OF THE ZELLE NETWORK, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR CAUSE OF ACTION SHALL BE THE NETWORK BANKS IS LIMITED TO $50 OR AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREBUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00). The above is in addition to the General Limitation on Liability in Section M .

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 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. OZARKSGO 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. OZARKSGO AND ITS SUPPLIERS MAKE NO EXPRESS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE AND THE EQUIPMENT AND WAIVE 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. OZARKSGO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS AND VENDORS (COLLECTIVELY "OZARKSGO 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 SERVICESOZARKSGO 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 OZARKSGO 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”OZARKSGO WEB SITES). THE OFFERINGS ARE MADE AVAILABLE OZARKSGO 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 OZARKSGO PARTIES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ANY OZARKSGO 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 OZARKSGO 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 OZARKSGO 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 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. Limitation of Remedies and Damages 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 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 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. Limitation of Remedies and Damages 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 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 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. XXXXX 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, 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 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 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 MORE.REMEDIES 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. EXECUTION VERSION

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 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. INDEMNIFICATION 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. PRIVACY POLICY 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 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 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 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. Limitation of Remedies and Damages 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 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 CIRCUMSTANCESIMPORTANT DISCLOSURES APPLICABLE TO VISA DEBIT CARDS In 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 5.1 NO WARRANTY: YOU AGREE THAT YOU USE THE SERVICE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY ANY SOFTWARE AND CABLE MODEM SUPPLIED BY ATLANTIC BROADBAND AT YOUR SOLE RISK. THE SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE ATLANTIC BROADBAND CABLE MODEM ARE PROVIDED ON AN “PROVIDER”) MAKE NO ASIS BASIS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR NONINFRINGEMENT, 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 SERVICE OR THAT IT WILL OPERATE AS REQUIRED, UNINTERRUPTED, AT ANY MINIMUM SPEED, ERROR FREE. 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 SERVICE INTERRUPTION SHALL BE LIMITED TO $50 A PRORATED CREDIT UPON REQUEST ONLY IN THE EVENT OF COMPLETE FAILURE OF THE SERVICE 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 SERVICE 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 SERVICE WILL BE ERRORFREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATLANTIC BROADBAND DOES NOT WARRANT THAT ANY DATA OR FILES YOU SEND OR RECEIVE VIA THE SERVICE WILL BE FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO YOUR COMPUTER. 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 GENESIS, OWNERSGENESIS 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. Genesis makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Genesis 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. GENESIS 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 GENESIS, 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 GENESIS 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 GENESIS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS GENESIS'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. Governing Law, WHICHEVER IS MOREJurisdiction and Costs This Agreement is governed by the laws of Texas, without regard to Texas's conflict or choice of law provisions.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERSTHIS WEB SITE IS NOT DESIGNED TO, AND DOES NOT, PROVIDE MEDICAL OR NUTRITIONAL ADVICE. ALL EMPLOYEES SERVICES PROVIDED THROUGH THIS SITE, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND LICENSORS OF EACH "AS AVAILABLE" BASIS. RED RABBIT DOES NOT MAKE, AND EVERY ONE OF THE FOREGOING (COLLECTIVELYEXPRESSLY DISCLAIMS, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KINDAND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGIN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RED RABBIT DOES NOT GUARANTEE THAT THE MATERIALS, WITH RESPECT TO THE SERVICESINFORMATION OR SERVICES PROVIDED THROUGH THIS SITE WILL BE ERROR-FREE, SERVICE CONTENTOR CONTINUOUSLY AVAILABLE, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OR 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 HARMFUL MATERIALS. RED RABBIT DOES NOT MAKE ANY WARRANTY THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE YOUR USE OF THE OFFERINGS SERVICES OFFERED THROUGH THIS SITE. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS AT YOUR OWN DISCRETION AND RISK. YOU 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 SOLELY RESPONSIBLE FOR ANY DIRECT, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM DOWNLOADING SUCH MATERIAL AND/OR DATA. RED RABBIT EXPRESSLY DISCLAIMS ANY AND ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, IN ANY EVENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY BEFOREHAND OF SUCH DAMAGESDAMAGES AND IN NO EVENT SHALL RED RABBIT BE LIABLE FOR SUCH DAMAGES RESULTING FROM THE ACTIONS OR CONDUCT OF ANY RED RABBIT SUBSCRIBER OR USER. RED RABBIT RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR MAY ORDER TO THE GREATEST EXTENT PERMITTED BY PERMISSIBLE UNDER APPLICABLE LAW, WHICHEVER RED RABBIT'S LIABILITY FOR ANY LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND INCLUDING THAT WHICH MAY BE DUE TO RED RABBIT'S ACTUAL OR ALLEGED NEGLIGENCE, SHALL NOT EXCEED THE AMOUNT A SUBSCRIBER OR USER PAID FOR THE USE OF THIS SITE. NUTRITIONAL DISCLAIMER. ALL INFORMATION, RECIPES, MENU ENTRIES, FOOD, AND PRODUCT DESCRIPTIONS ("THE DESCRIPTIONS") AND/OR THIRD PARTY ENDORSEMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE DESCRIPTIONS SHOULD NOT BE USED AS A THERAPEUTIC MODALITY OR AS A SUBSTITUTE FOR THE ADVICE OF A HEALTHCARE PROFESSIONAL. THE NUTRITIONAL INFORMATION PROVIDED FOR THE RECIPES, FOODS, AND PRODUCTS ON THE SITE IS MOREDETERMINED BY THE FEATURED PEDIATRICIANS, DIETICIANS AND NUTRITIONISTS ON THE SITE USING INDUSTRY STANDARD ANALYSIS. ANY ENDORSEMENT BY SUCH PEDIATRICIANS, DIETICIANS AND NUTRITIONISTS IS INTENDED TO HELP YOU MAKE INFORMED DECISIONS ABOUT YOUR CHILD'S NUTRITION AND DIET AND IS NOT DESIGNED, INTENDED, OR CAPABLE OF REPLACING PERSONALIZED NUTRITION AND HEALTH SERVICES. NO ACTION SHOULD BE TAKEN BASED SOLELY ON THE CONTENT OF THE SITE, REGARDLESS OF PERCEIVED SCIENTIFIC MERIT. ALLERGY DISCLAIMER. RED RABBIT CANNOT AND DOES NOT GUARANTEE THAT YOUR CHILD SHALL BE FREE FROM ALLERGIC REACTION TO ANY FOOD PROVIDED BY RED RABBIT. RED RABBIT EXPRESSLY DISCLAIMS ANY AND ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN ANY EVENT EVEN IF ADVISED BEFOREHAND OF SUCH ANY ALLERGIES THAT YOUR CHILD MAY HAVE.

Disclaimer of Warranties and Limitation of Liability. WE EXCEPT FOR CERTAIN PRODUCTS AND OUR AFFILIATED COMPANIESSERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY MAX GROUP, OWNERSMAX GROUP DOES NOT CONTROL ANY MATERIALS, AGENTSINFORMATION, THIRD PARTY SERVICE PROVIDERSPRODUCTS, THIRD PARTY CONTENT PROVIDERSOR SERVICES ON THE INTERNET. 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. THE SERVICES ARE PROVIDED ON AN AS IS AND EVERY ONE AS AVAILABLE BASIS. MAX GROUP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE VIRUSES OR OTHER HARMFUL COMPONENTS. MAX GROUP 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 MAX GROUP OR THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”)INTERNET GENERALLY. THE OFFERINGS NO ADVICE OR INFORMATION GIVEN BY MAX GROUP OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. MAX GROUPAND 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 INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. PROVIDER DISCLAIMS RESPONSIBILITY IN ANY EVENT, MAX GROUP'S CUMULATIVE LIABILITY TO ANY 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 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 AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, YOU AGREE THAT YOUR USE OF LEADER MOBILE DEPOSIT AND ALL EMPLOYEES INFORMATION AND LICENSORS CONTENT (INCLUDING THAT OF EACH THIRD PARTIES) IS AT YOUR RISK AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE IS PROVIDED ON AN “PROVIDER”) MAKE NO AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE USE OF LEADER MOBILE DEPOSIT, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, 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”)NONINFRINGEMENT. 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 LEADER MOBILE DEPOSIT WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR ERROR-FREE, ( i) . WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS USING LEADER MOBILE DEPOSIT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, RELIABLE OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN LEADER MOBILE DEPOSIT OR ANY OF THE TECHNOLOGY RELATED THERETO WILL BE CORRECTED. YOU EXPRESSLY FURTHER 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 LEADER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF, LEADER MOBILE DEPOSIT REGARDLESS OF THE FORM OF ACTION OR INABILITY TO USE THE OFFERINGSCLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESTHEREOF, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED EXCEPT AS OTHERWISE REQUIRED BY LAW, WHICHEVER IS MORE.

Disclaimer of Warranties and Limitation of Liability. WE Xxxxxx makes no representations or warranties about the suitability of the Website for any particular purpose. Xxxxxx 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 XXXXXX 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 THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, PURPOSE 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 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 XXXXXX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ITS CONTENTANY INFORMATION CONTAINED ON THE WEBSITE. NEITHER WE NOR OUR PARTNERSXXXXXX DOES NOT WARRANT THAT THE WEBSITE IS SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE INFORMATION CONTAINED ON THE WEBSITE IS NOT CONFIDENTIAL AND DOES NOT ESTABLISH A TREATMENT RELATIONSHIP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AFFILIATES, OPERATORS, OR PARENT COMPANIES UNDER NO CIRCUMSTANCES SHALL XXXXXX 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 THAT RESULT FROM 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 XXXXXX 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 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 TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREAPPLICABLE TAXES IMPOSED ON EMT AND MMR PURCHASED HEREUNDER.

Disclaimer of Warranties and Limitation of Liability. WE (a) Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF ORBCOMM OR ANY OF ITS AFFILIATES HAS MADE OR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE ORBCOMM SYSTEM OR THE ORBCOMM SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORBCOMM AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERSITS AFFILIATES EXPRESSLY DISCLAIM WITH RESPECT TO RESELLER AND ITS AGENTS AND SUBSCRIBERS, AND RESELLER (ON ITS OWN BEHALF AND ON BEHALF OF ITS AGENTS AND SUBSCRIBERS) HEREBY EXPRESSLY WAIVES, RELEASES AND RENOUNCES ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KINDORBCOMM AND ITS AFFILIATES ARISING AT LAW, EITHER EXPRESS EQUITY OR IMPLIEDOTHERWISE, WITH RESPECT TO, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR BUT NOT LIMITED TO: (A) 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 (vB) 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; (C) ANY WARRANTIES AS TO THE QUALITY AND THE PERFORMANCE ACCURACY, AVAILABILITY OR CONTENT OF THE OFFERINGS ORBCOMM SYSTEM OR THE ORBCOMM SERVICES; AND THE ACCURACY (D) ANY WARRANTY UNDER ANY THEORY OF LAW OR COMPLETENESS EQUITY, INCLUDING ANY TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF ITS CONTENT. NEITHER WE NOR OUR PARTNERSFACT, AFFILIATESINCLUDING, OPERATORSBUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR PARENT COMPANIES SUITABILITY FOR USE, THAT IS NOT CONTAINED IN THIS AGREEMENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY DEEMED 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 A WARRANTY BY LAW, WHICHEVER IS MOREORBCOMM.

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 REQUIR EMENTS 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. DYNA TUNE-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. Limitation of Remedies and Damages 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 replace ment. 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 Prod uct 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 THE DOWNLOADS PURCHASED OR OTHERWISE MADE AVAILABLE TO PURCHASER THROUGH THIS SITE ARE PROVIDED BY ANNENBERG MEDIA 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. ANNENBERG MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE DOWNLOADS, PURCHASED OR OTHERWISE MADE AVAILABLE TO PURCHASER THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. PURCHASER EXPRESSLY AGREE THAT THE PURCHASE OF THE DOWNLOADS IS AT PURCHASER ‘S SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ANNENBERG 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 . ANNENBERG MEDIA DOES NOT WARRANT THAT THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL DOWNLOADS 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. ANNENBERG MEDIA 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 DOWNLOADS 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 LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO PURCHASER, 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 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 NEITHER WE, NOR ANY OF OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY AFFILIATES OR SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) PROVIDERS MAKE NO WARRANTIES ANY WARRANTY OF ANY KINDKIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, TO YOU REGARDING THE BPMA INTERNET SERVICES AND/OR THE IBS MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO COURSE OF DEALING, USAGE OR TRADE. WE DO NOT AND CANNOT WARRANT THAT THE SERVICESBPMA INTERNET SERVICES WILL OPERATE WITHOUT ERRORS, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND OR THAT ANY OR ALL OF THE FOREGOING (COLLECTIVELYBPMA INTERNET SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. BPMA’S SOLE RESPONSIBILITY/LIABILITY FOR ANY ERRORS, ACTS OR OMISSIONS IN CONNECTION WITH THIS AGREEMENT AND/OR THE “OFFERINGS”)BPMA INTERNET SERVICES SHALL BE LIMITED TO THE CORRECTION, AT NO ADDITIONAL CHARGE TO YOU, OF ANY ERRONEOUS DEBITS OR CREDITS TO YOUR ACCOUNT AT BPMA. FURTHERMORE, BPMA'S SOLE RESPONSIBILITY/LIABILITY IN THE OFFERINGS ARE MADE AVAILABLE EVENT OF ANY PROBLEM WITH THE IBS MATERIALS, AND IN PARTICULAR WITH THE BPMA INTERNET COMPUTER SOFTWARE, SHALL BE LIMITED TO YOU ON AN “THE CORRECTION, AT NO ADDITIONAL CHARGE TO YOU, OF THE PROBLEM WITH THE IBS MATERIALS. EXCEPT FOR THE CORRECTION OF ERRORS AND/OR PROBLEMS AS ISPROVIDED IN THE PRECEDING SENTENCES, AS AVAILABLE” BASIS. BPMA SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE ARISING FROM OR UNDER THIS AGREEMENT, FROM YOUR USE OF THE OFFERINGS IS AT YOUR SOLE BPMA INTERNET SERVICES AND EXCLUSIVE RISKTHE IBS MATERIALS, AND/OR FROM BPMA’S TERMINATION OF THIS AGREEMENT AND THE BPMA INTERNET SERVICES, REGARDLESS OF THE FORM OF ACTION. PROVIDER DISCLAIMS RESPONSIBILITY FOR WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL BPMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVE BE LIABLE FOR: (A) ANY LOSSFAILURE OR DELAY IN PROVIDING THE BPMA INTERNET SERVICES ARISING FROM ANY CAUSE BEYOND BPMA’S REASONABLE CONTROL, DAMAGEINCLUDING WITHOUT LIMITATION, STRIKES, LOCKOUT, RIOT, WAR, GOVERNMENTAL REGULATION, COMMUNICATION LINE FAILURE, EQUIPMENT MALFUNCTION, FAILURE OF BPMA’S SERVICERS, 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, SECUREINDEPENDENT CONTRACTORS TO PERFORM, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE ACTS 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, GOD; AND/OR (vB) 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, INCIDENTAL SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF LOSS AND/OR INABILITY TO USE THE OFFERINGSDAMAGE WHATSOEVER, EVEN IF WE HAVE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS AND/OR DAMAGE, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN ACTION, IN CONTRACT OR TORT OR BASED ON A WARRANTY. FURTHER, IN NO EVENT SHALL THE LIABILITY OF BPMA AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY FOR THE SERVICES PROVIDED TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THROUGH THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREBPMA INTERNET SERVICES.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY UFG, OWNERSUFG 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. UFG makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. UFG 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. UFG 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 UFG, 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 UFG 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 UFG IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS UFG'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. Limitation of Remedies and Damages 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 UFG. UFG reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If UFG 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 UFG 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 UFG 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 COMPANIESTO THE MAXIMUM EXTENT PERMITTED BY LAW, OWNERSNEITHER STG GLOBAL, ITS DIRECTORS, OFFICERS, EMPLOYEES OR 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 NOR 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 STG GLOBAL SOLUTION PROVIDER SHALL IN ANY WAY BE LIABLE TO YOU ON AN “AS ISAND YOU HEREBY WAIVE ANY INDIRECT, AS AVAILABLE” BASIS. YOUR USE ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, TRAFFIC FINES OR CITATION, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, DAMAGES CAUSED BY DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS AND THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY FOR ANY LOSSLIKE, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF FROM 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 OFFERINGSTHIS SOFTWARE PRODUCT , EVEN IF WE HAVE BEEN ADVISED TRACKIMO OR A STG GLOBAL SOLUTION PROVIDER ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT STG GLOBAL MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF MAP DATA IN ALL CIRCUMSTANCESTHIS PRODUCT. THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, PROVIDER’S ASSERTED OR BROUGHT IN AN ACTION OR CLAIM SOUNDING IN TORT OR CONTRACT, OR UNDER WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION. IN NO EVENT SHALL STG GLOBAL'S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO ANY THIRD PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF EXCEED THE GREATEST EXTENT PERMITTED BY LAWPURCHASE PRICE OF THE STG GLOBAL PRODUCT (DEVICE) AND SERVICE YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE STG GLOBAL HARDWARE, WHICHEVER IS MOREGREATER. THE LIMITED WARRANTY WITH RESPECT TO THIS SOFTWARE PRODUCT (AND STG GLOBAL WEB APPLICATION SOFTWARE, STG GLOBAL PORTAL, STG GLOBAL MOBILE APP) ALL DOCUMENTATION AND ANY FIRMWARE RESIDING ON THE STG GLOBAL HARDWARE IS SET FORTH IN THE LICENSE AGREEMENT. YOU agree and acknowledge that STG GLOBAL’s exclusions and limitations of liability are reasonable in the circumstances and that the price of the STG GLOBAL Hardware and Services would be increased if such exclusions and limitations were not enforceable. This Limited Warranty gives YOU specific legal rights, and YOU may also have other rights that vary depending on the applicable state, province or country. Some states, provinces or countries may not allow the exclusion of limitation of incidental or consequential damages, may not allow limitations on how long an implied warranty or condition lasts, or allow provisions that permit the warranty to be voided. Thus, some of the above limitations or exclusions may not apply to YOU. Waiver by STG GLOBAL of any default will not be deemed a continuing waiver of such default or a waiver of any other default. This Limited Warranty is to be construed under the laws of the State of New York, excluding any body of law governing conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty. Any disagreement or dispute arising out of or relating to this Limited Warranty shall be settled by final and binding arbitration to be conducted in New York If there is any inconsistency between this Limited Warranty and any warranty included in the packaging of the STG GLOBAL Hardware, the provisions of this Limited Warranty shall apply to the extent of such inconsistency.

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. Limitation of Remedies and Damages 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 AND OUR AFFILIATED COMPANIESEXCEPT AS PROVIDED IN THIS ARTICLE 7, OWNERSNEITHER PARTY MAKES ANY WARRANTIES OR REPRESENTATIONS (EXPRESS, AGENTSIMPLIED, THIRD PARTY SERVICE PROVIDERSSTATUTORY OR OTHERWISE) WITH RESPECT TO THE SUBJECT MATTER HEREOF INCLUDING, THIRD PARTY CONTENT PROVIDERSBUT NOT LIMITED TO ANY PATENT, TRADEMARK, SOFTWARE, NON-PUBLIC OR OTHER DATA OR INFORMATION, OR TANGIBLE RESEARCH PROPERTY INCLUDING SAMPLES. LXR SPECIFICALLY DISCLAIMS ANY 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 OR REPRESENTATIONS OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, . NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY LXR: WITH RESPECT REGARD TO THE SERVICESUTILITY OF ANY SAMPLES; THE SCOPE, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL VALIDITY OR ENFORCEABILITY OF THE FOREGOING (COLLECTIVELY, PATENT RIGHTS; THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION INCLUDED IN THE “OFFERINGS”). PATENT RIGHTS; OR THAT THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR EXERCISE OF THE PATENT RIGHTS OR USE OF THE OFFERINGS IS AT YOUR SOLE RELATED TECHNOLOGY WILL NOT INFRINGE THE PATENT OR PROPRIETARY RIGHTS OF ANY OTHER THIRD PARTY. TO THE EXTENT SAMPLES ARE FURNISHED HEREUNDER, LXR MAKES NO REPRESENTATION THAT SUCH SAMPLES OR THE METHODS USED IN MAKING OR USING SUCH SAMPLES ARE FREE FROM LIABILITY FOR PATENT INFRINGEMENT. LXR SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER TO INTROGEN RESULTING FROM THE EVALUATION HEREUNDER, WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT OR STRICT LIABILITY, WITH THE EXCEPTION OF INTROGEN'S DEFEND, INDEMNIFY AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY HOLD HARMLESS OBLIGATIONS UNDER SECTION 9, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOSSINDIRECT, DAMAGEINCIDENTAL, FAILURE SPECIAL OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF CONSEQUENTIAL DAMAGES RESULTING FROM THE OFFERINGS.PROVIDER MAKES NO WARRANTY THAT EVALUATION HEREUNDER (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 INCLUDING THE USE OF THE OFFERINGS WILL BE ACCURATE PATENT RIGHTS, RELATED TECHNOLOGY 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 OFFERINGSSAMPLES), 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 COMPANIESPasspack does not make any representation, OWNERSwarranty, AGENTSor covenant regarding the amount Affiliate Partner can expect to earn at any time in connection with the PCP, 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 and Passpack will not be liable for any actions Affiliate Partner undertakes based on its expectations. PASSPACK MAKES NO WARRANTIES WITH RESPECT TO PCP AND ITS RELATED MATERIALS, ANY OFFERINGS MADE THROUGH PCP, OR AS TO THE CONTINUATION OF ANY KINDOFFERINGS THROUGH PCP. ALL OFFERS AND ADVERTISEMENTS THROUGH PCP SHOULD BE CONSIDERED LIMITED TIME OFFERS. THE PCP, DESTINATION SITE IS PROVIDED ON AN “AS IS” BASIS. PASSPACK MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDINGCONCERNING THE ACCURACY, WITHOUT LIMITATIONSECURITY, WARRANTIES PERFORMANCE OR FUNCTIONALITY OF TITLE THE DESTINATION SITE (INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE DESTINATION SITE WILL BE ERROR OR VIRUS-FREE OR THAT SERVICE WILL BE UNINTERRUPTED) AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, USE OR PURPOSE AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”)NON- INFRINGEMENT. THE OFFERINGS ARE MADE AVAILABLE DESTINATION SITE IS SUBJECT TO YOU ON AN “AS IS, AS AVAILABLE” BASISCHANGE AT ANY TIME IN PASSPACK’S SOLE DISCRETION. 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 PASSPACK SHALL 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 EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, EXEMPLARY DAMAGES OR SPECIAL DAMAGES, LOST PROFITS, LOST OPPORTUNITIES, LOST SAVINGS, LOST DATA, OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES ARISING OUT DAMAGES, REGARDLESS OF THE USE FORM OF OR INABILITY TO USE THE OFFERINGSACTION, EVEN IF WE HAVE PASSPACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES, WHETHER RESULTING FROM BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE. YOU AGREE THAT PASSPACK’S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL CHANNEL PROGRAM FEES PAID BY AFFILIATE PARTNER UNDER THE CHANNEL PROGRAM IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREMOST RECENT CLAIM OF LIABILITY OCCURRED.

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 SITE AND/OR CONNECT, AND ANY PUBLICATIONS, PRESENTATIONS, JOB BOARDS, BLOGS, RSS FEEDS, RSS CONTENT, POSTINGS, OR OTHER INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE AND/OR CONNECT, IS AT YOUR OWN RISK, AND THAT ALL EMPLOYEES SUCH INFORMATION, CONTENT, 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 100WHF 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 SITE OR CONNECT, OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE OR CONNECT, INCLUDING 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. NEITHER THE SERVICESSITE OR CONNECT, SERVICE NOR ANY INFORMATION, CONTENT, THIRD PARTY SERVICESMATERIALS, THIRD PARTY CONTENTOR SERVICES AVAILABLE VIA THE SITE OR CONNECT, CONSTITUTES OR IS INTENDED TO CONSTITUTE, OR SHOULD BE CONSTRUED AS, FINANCIAL ADVICE OF ANY TYPE OR AS A SOLICITATION OR ANY OFFER TO BUY AN INTEREST IN ANY SECURITY, INVESTMENT ADVICE OR A RECOMMENDATION OR PROMOTION OF ANY SECURITY, FINANCIAL PRODUCT, INVESTMENT MANAGER, OR TRADING OR INVESTMENT STRATEGY. IN ADDITION, 100WHF DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE OR CONNECT IS ACCURATE, COMPLETE, RELIABLE OR CURRENT, AND ANYTHING RELATED TO EACH AND ALL IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE FOREGOING (COLLECTIVELYSITE OR CONNECT. FURTHER, 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 100WHF MAKES NO WARRANTY REPRESENTATIONS AND WARRANTIES THAT (i) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, ( i) THE OFFERINGS SITE OR CONNECT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREEFREE OF ERRORS OR VIRUSES, ( iOR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL 100WHF OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF 100WHF OR ITS AFFILIATES (THE “100WHF 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 SITE OR RELIABLECONNECT, (iv) ANY INFORMATION POSTED ON THE QUALITY OF SITE OR CONNECT BY ITS USERS, OR ANY PRODUCTS, SERVICES, OTHER INFORMATION, CONTENT, MATERIALS OR OTHER MATERIAL THAT YOU OBTAIN THROUGH SERVICES AVAILABLE ON THE OFFERINGS WILL MEET YOUR EXPECTATIONS, SITE OR CONNECT (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, 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. YOU AGREE THAT IN CERTAIN STATE LAWS DO 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 COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY ACSI, OWNERSACSI 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. ACSI makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. ACSI 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. ACSI 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 ACSI, 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 ACSI 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 ACSI IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS ACSI'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. Furthermore, WHICHEVER IS MOREthe loss of data, sensitive or otherwise is guaranteed by you, the user, as a part of your adherence to the login and logout procedure and your choice of an adequate password for your sole and private use of the Software Product. Any and all data entered into the system becomes the property of ACSI, but ACSI does not distribute or share this data with any other entity or use this data or derivations thereof in any form or for any purpose. Limitation of Remedies and Damages 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 ACSI. ACSI reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If ACSI is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your 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 ACSI 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 ACSI 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 SOLUTIONS ARE PROVIDED "AS IS" 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 PURPOSE, WITH RESPECT TO PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT. YOU WARRANT THAT THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, SOLUTIONS WILL BE USED BY AN EXTREMELY TECHNICAL AND ANYTHING RELATED TO EACH SKILLED USER AND ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”)MUST BE USED IN A SAFE AND ETHICAL MANNER. 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 FORTRA MAKES NO WARRANTY THAT (i) THE OFFERINGS SOLUTIONS WILL MEET YOUR REQUIREMENTS, ( i) NEEDS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. FORTRA MAKE NO WARRANTY THAT OPERATION OF THE OFFERINGS SOLUTIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( iOR FREE FROM INTERRUPTION. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOLUTION TO MEET YOUR REQUIREMENTS. FORTRA 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 FORTRA, 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) THE RESULTS THAT MAY BE OBTAINED RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, ACCESS, OR USE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLESOLUTIONS, (iv) THE QUALITY WHETHER DUE TO A BREACH OF ANY PRODUCTSCONTRACT, SERVICES, INFORMATIONBREACH OF WARRANTY, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS, OR TORT (vINCLUDING NEGLIGENCE) 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 OFFERINGSFORTRA, EVEN IF WE HAVE BEEN FORTRA IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S LIABILITY AND ANY DAMAGES RELATING TO YOU FOR ANY CLAIM OR CAUSE OF ACTION THE SOLUTIONS SHALL BE LIMITED TO $50 OR THE AMOUNT PAID FOR THE PARTICULAR SOLUTION LICENSE. TO THE GREATEST EXTENT PERMITTED BY LAWTHAT THE APPLICABLE JURISDICTION LIMITS XXXXXX’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, WHICHEVER IS MORETHIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESEXCEPT AS SPECIFIED IN THIS WARRANTY, OWNERSALL EXPRESS OR IMPLIED CONDITIONS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERSREPRESENTATIONS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF WARRANTIES REGARDING THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS SOFTWARE OR IMPLIED, HMIS INCLUDING, WITHOUT LIMITATION, WARRANTIES ANY IMPLIED WARRANTY OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL NCCEH BE LIABLE 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 AGENCY FOR ANY LOSSLOST REVENUE, 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, SECUREPROFIT, 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, INFORMATIONDATA, 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 DIRECTSPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGS, SOFTWARE OR HMIS DATA EVEN IF WE HAVE NCCEH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S NO EVENT SHALL NCCEH'S LIABILITY TO YOU FOR ANY CLAIM AGENCY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR CAUSE OF ACTION SHALL BE LIMITED OTHERWISE, EXCEED THE FEES ACTUALLY PAID IN CASH BY AGENCY TO $50 OR NCCEH DURING THE TWELVE-MONTH PERIOD PRIOR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER DATE OF THE OCCURRENCE GIVING RISE TO THE CLAIM. PURSUANT TO THIS APA. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. THE SOFTWARE IS MOREBEING PROVIDED TO AGENCY EXCLUSIVELY ON AN “AS-IS” BASIS.

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 EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A THE COMPANY INSTALLER, TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE, INCLUDING 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 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 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 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 THIS SITE IS PROVIDED BY ENCORE VIDEO RENTALS ON AN "AS IS" 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 "AS AVAILABLE" BASIS. ENCORE VIDEO RENTALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ENCORE VIDEO RENTALS 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. ENCORE VIDEO RENTALS DOES NOT WARRANT THAT THIS SITE, WITH RESPECT TO THE SERVICESITS SERVERS, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL OR EMAIL SENT FROM ENCORE VIDEO RENTALS ARE FREE OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”)VIRUSES OR OTHER HARMFUL COMPONENTS. 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 ENCORE VIDEO RENTALS 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 OR RELIABLETHIS SITE, (iv) THE QUALITY OF ANY PRODUCTSINCLUDING, 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 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. 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 DAMAGESADDITIONAL RIGHTS. YOU AGREE THAT IN ALL CIRCUMSTANCESAPPLICABLE LAW By visiting EVS, PROVIDER’S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAWyou agree that the laws of the state of California, WHICHEVER IS MOREUnited States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and EVS or its associates.

Disclaimer of Warranties and Limitation of Liability. WE YOU EXPRESSLY ACKNOWLEDGE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE AGREE THAT USE OF THE FOREGOING (COLLECTIVELYLICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY ǪUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, LICENSED APPLICATION (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE OR SERVICES) IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CONSTANT THERAPY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF TITLE AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF) AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, OF SATISFACTORY ǪUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICESOF ACCURACY, SERVICE CONTENTOF ǪUIET ENJOYMENT, TITLE OR NON- INFRINGEMENT OF THIRD PARTY SERVICESRIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. CONSTANT THERAPY DOES NOT WARRANT THAT (A) THE LICENSED APPLICATION WILL MEET YOUR REǪUIREMENTS, (B) OPERATION OF THE LICENSED APPLICATION WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE LICENSED APPLICATION WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, (D) DEFECTS IN THE LICENSED APPLICATION WILL BE CORRECTED OR (E) THAT THE LICENSED APPLICATION WILL BE AVAILABLE FOR REINSTALLS ON THE SAME OR MULTIPLE DEVICES OR (F) THAT THE LICENSED APPLICATION, APPLICATION PROVIDER OR ANY THIRD PARTY CONTENTPARTIES SERVICES PROVIDED THROUGH APPLICATION PROVIDER WILL MAKE YOU BETTER, AND ANYTHING RELATED MAINTAIN YOUR HEALTH, OR IMPROVE YOUR HEALTH. ANY ORAL OR WRITTEN ADVICE PROVIDED BY CONSTANT THERAPY OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO EACH AND CREATE ANY WARRANTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CONSTANT THERAPY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE FOREGOING (COLLECTIVELY, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE ABOVE EXCLUSIONS MAY NOT APPLY 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 CORRECTEDYOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU ASSUME THE ENTIRE RISK AS THAT, 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 APPLICABLE LAW, WHICHEVER IS MORE.APPLICATION PROVIDER, ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR:

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESBuyer understands and agrees that Seller is not the manufacturer of the Equipment; the Equipment is of a size, OWNERSdesign, AGENTScapacity, THIRD PARTY SERVICE PROVIDERSdescription, THIRD PARTY CONTENT PROVIDERSand manufacture selected by Buyer; Buyer is satisfied that the Equipment is suitable and fit for its purposes. The Equipment described herein as "new" is sold subject to such warranties as are made in writing by the manufacturer of the Equipment thereof. Except to the extent a special warranty is made by Seller in writing and executed by Seller's authorized representative, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF SELLER MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE FOREGOING (COLLECTIVELYEQUIPMENT, MATERIALS CONTAINED IN THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KINDEQUIPMENT, EITHER OR BUYER'S USE THEREOF, EXPRESS OR IMPLIED, INCLUDINGINCLUDING BUT NOT LIMITED TO, WITHOUT LIMITATION, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT OR TITLE. SELLER SHALL NOT BE LIABLE TO THE SERVICES, SERVICE CONTENT, BUYER 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, INDIRECTCONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTION CONTEMPLATED HEREUNDER, WHETHER AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, OR BENEFITS OF USE OR LOSS OF OR INABILITY TO USE THE OFFERINGSBUSINESS, EVEN IF WE HAVE BEEN ADVISED SELLER IS APPRISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGESDAMAGES OCCURRING. YOU AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S THE MAXIMUM EXTENT OF SELLER'S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION BUYER SHALL BE LIMITED THE TOTAL AMOUNT OF ANY PAYMENTS MADE BY BUYER TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAWSELLER. 7 Consumer Laws. The laws of certain jurisdictions prohibit the limitation of certain warranties and the remedies and damages for the breach of such warranties. If any provision of this Agreement is in conflict with any statute or rule of law of any state or district in which jurisdiction may lie for enforcement, WHICHEVER IS MOREthen such provision shall be deemed null and void to the extent but only to the extent that it may conflict therewith; and the remaining provisions hereof shall not be invalidated, but may be reformed by the court to the extent necessary to protect the rights of the parties.

Disclaimer of Warranties and Limitation of Liability. WE AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY STARTBOX, OWNERSSTARTBOX 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. StartBox makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. StartBox 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. STARTBOX 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 STARTBOX, 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 STARTBOX 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 STARTBOX IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS STARTBOX'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. Limitation of Remedies and Damages 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 StartBox. StartBox reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If StartBox 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 StartBox 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 StartBox 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 OF You agree that use of the Site and the Services is entirely at your own risk. THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, UL DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE OR IMPLIED TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, WITH RESPECT TO THE SERVICESERROR, SERVICE CONTENTOMISSION, THIRD PARTY SERVICESINTERRUPTION, THIRD PARTY CONTENTDELETION, AND ANYTHING RELATED TO EACH AND ALL OF THE FOREGOING (COLLECTIVELYDEFECT, THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS ISDELAY IN OPERATION OR TRANSMISSION, AS AVAILABLE” BASIS. YOUR COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISK. PROVIDER DISCLAIMS RESPONSIBILITY RECORD, WHETHER FOR ANY LOSSBREACH OF CONTRACT, DAMAGETORTUOUS BEHAVIOR, 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, SECURENEGLIGENCE, OR ERROR FREE, ( i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE UNDER ANY OTHER CAUSE OF THE OFFERINGS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ACTION. NEITHER UL NOR 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 PARTNERSEMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OPERATORS, WEBSITE CO- BRANDING PROVIDERS OR PARENT COMPANIES CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE OFFERINGSSITE OR OUT OF ANY BREACH OF ANY WARRANTY INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY DAMAGE OR LOSS FROM LOSS OF DATA, PROFITS, USE, BUSINESS, BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS, EVEN IF WE HAVE BEEN SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, HOWEVER CAUSED, WHETHER BY THE NEGLIGENCE OF SUCH PARTY OR OTHERWISE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU AGREE THAT IN ALL CIRCUMSTANCESSUCH STATES, PROVIDER’S THE RESPECTIVE LIABILITY TO YOU FOR ANY CLAIM OF UL, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT OR CAUSE OF ACTION SHALL BE SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW. UL’S TOTAL LIABILITY UNDER THIS AGREEMENT, WHICHEVER INCLUDING BUT NOT LIMITED TO ANY ALLEGED NEGLIGENCE, TO YOU OR ANYONE CLAIMING ON BEHALF OF OR THROUGH YOU SHALL BE LIMITED TO THE FEES PAID BY YOU TO UL ATTRIBUTABLE TO THE PARTICULAR SERVICE DIRECTLY INVOLVED. UL takes reasonable and appropriate measures to ensure that your information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the information you have entered will not be intercepted by others. ALTHOUGH THE SITE CONTAINS CERTAIN CONTENT RELATING TO LAWS AND REGULATIONS, SUCH CONTENT IS MOREINTENDED TO BE A GENERAL INFORMATION RESOURCE AND REFERENCE TOOL, AND IS NOT AN EXHAUSTIVE OR DETAILED ACCOUNT OF ALL POTENTIALLY APPLICABLE LEGAL OR REGULATORY REQUIREMENTS, NOR SHOULD IT BE CONSTRUED AS SUCH. THE SITE SHOULD IN NO WAY BE CONSIDERED LEGAL ADVICE, INTERPRETATIVE COUNSEL OR OTHER PROFESSIONAL ADVICE. YOU ARE ENCOURAGED TO CONSULT WITH COUNSEL FOR LEGAL ADVICE REGARDING COMPLIANCE WITH ANY LAWS OR REGULATIONS DISCUSSED IN THE SITE.

Disclaimer of Warranties and Limitation of Liability. WE UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY GEA,THE SOFTWARE PRODUCT IS PROVIDED „AS IS“ WITH ALL FAULTS 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 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIEDAND GEA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, INCLUDINGINCLUDING BUT NOT LIMITED , WITHOUT LIMITATION, 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. GEA makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. GEA makes no warranty that operation of the Software Product will be secure, WITH RESPECT TO error free, or free from interruption. No oral or written information or advice given by GEA or its representative shall create a warranty. YOU MUST DETERMINE WHETHER THE SERVICESSOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR QUALITY, SERVICE CONTENTPERFORMANCE, THIRD PARTY SERVICES, THIRD PARTY CONTENT, 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. GEA 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 GEA, 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 OR DATA) RESULTING FROM OR CONNECTED WITH 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 FREETHE NEGLIGENCE OF GEA OR ANY OTHER PARTY, ( iREGARDLESS OF WHETHER GEA (1) 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 HAS BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE OR (2) IS NEGLIGENT. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS GEA'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. Limitation of Remedies and Damages Your sole 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 GEA. GEA reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. You agree to indemnify, WHICHEVER IS MOREdefend, and hold GEA harmless from all losses, damages, claims, judgments, liabilities, expenses, or costs of any kind resulting from or connected with your business operations, breach of this Agreement, and/or your 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, 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. INDEMNIFICATION Upon a request by Company, User 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. Company hereby reserves the right, at its own expense, to 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. PRIVACY POLICY 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. INTERNATIONAL USE OF OR INABILITY TO USE THE OFFERINGSAlthough the Website may be accessible worldwide, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESCompany 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. YOU AGREE THAT IN ALL CIRCUMSTANCESUsers 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, 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 MOREservices and/or information made in connection with this Website is void where prohibited.

Disclaimer of Warranties and Limitation of Liability. WE 10.1. No Warranty: YOU AFFIRM AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE AGREE THAT YOUR USE OF THE FOREGOING (COLLECTIVELYSERVICES AND ANY UCS EQUIPMENT IS AT YOUR SOLE RISK. THE SERVICES AND UCS EQUIPMENT ARE BEING PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, THE “PROVIDER”) MAKE NO WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENTPERFORMANCE, AND ANYTHING RELATED TO EACH AND ALL MERCHANTABILITY. UCS DOES NOT WARRANT OR GUARANTEE THE DELIVERY OF SERVICES SHALL BE UNINTERRUPTED OR THAT THE FOREGOING (COLLECTIVELYSERVICES OR UCS EQUIPMENT WILL OPERATE ERROR FREE OR UNINTERRUPTED. EXCEPT AS PROVIDED BELOW, 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 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 SERVICE INTERRUPTION SHALL BE LIMITED TO $50 A PRORATED SERVICE CREDIT UPON REQUEST TO UCS AND ONLY IN THE EVENT OF COMPLETE FAILURE OF THE SERVICES DUE TO A TECHNICAL MALFUNCTION CAUSED BY UCS OR OTHER REASONS AS DEFINED IN THIS AGREEMENT. TO QUALIFY FOR SUCH SERVICE CREDIT, YOU MUST REQUEST THE CREDIT FROM UCS WITHIN TEN (10) DAYS OF THE SERVICE FAILURE. SERVICE CREDITS SHALL BE APPLIED ONLY AGAINST CURRENT AND FUTURE FEES PAYABLE BY YOU FOR SERVICES. ANY SERVICE CREDITS PROVIDED BY UCS ARE AT OUR SOLE DISCRETION. IN NO EVENT SHALL THE PROVISION OF A SERVICE CREDIT BY UCS CONSTITUTE OR BE CONSTRUED AS A COURSE OF CONDUCT BY UCS. UCS DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES OR UCS EQUIPMENT WILL BE FREE OF HARMFUL COMPONENTS, VIRUSES, HACKING OR INTRUSION. UCS DOES NOT GUARANTEE OR WARRANT THAT ANY INFORMATION, DATA OR FILES YOU RECEIVE OR SEND BY USING THE SERVICES WILL BE FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL NOT BE ABLE TO GAIN ACCESS TO YOUR INFORMATION, FILES OR DATA. UCS DOES NOT GUARANTEE OR WARRANT THAT ANY FILES OR DATA 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 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. # Limitation of Remedies and Damages 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 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. Limitation of Remedies and Damages 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 You expressly agree that Thames Valley 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. THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. NEITHER THAMES VALLEY 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. THAMES VALLEY 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. THAMES VALLEY 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, THE EQUIPMENT FURNISHED BY THAMES VALLEY COMMUNICATIONS, OR THAMES VALLEY COMMUNICATIONS’S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE THAMES VALLEY 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 THAMES VALLEY COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESANY EVENT, PROVIDERTHAMES VALLEY 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 THAMES VALLEY COMMUNICATIONS FROM ANY AND ALL OBLIGATIONS, WHICHEVER LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. THAMES VALLEY COMMUNICATIONS IS MOREALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. Your sole and exclusive remedy 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 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 THE SEAL, SEAL CODE AND OUR AFFILIATED COMPANIES, OWNERS, AGENTS, THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, ANY IDENTRUST PAGE ARE PROVIDED “AS-IS” AND IDENTRUST DISCLAIMS ANY AND ALL EMPLOYEES AND LICENSORS OF EACH AND EVERY ONE OF THE FOREGOING (COLLECTIVELY, THE “PROVIDER”) MAKE NO WARRANTIES OF ANY KINDTYPE, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDINGINCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF TITLE, WITHOUT LIMITATIONNON-INFRINGEMENT, WARRANTIES MERCHANTABILITY, CORRECTNESS OR ACCURACY OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY INFORMATION PROVIDED, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT REGARD TO THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED TO EACH AND ALL ANY OF THE FOREGOING (COLLECTIVELYSEAL, THE “OFFERINGS”)SEAL CODE OR ANY IDENTRUST PAGE. 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 IDENTRUST MAKES NO WARRANTY THAT (i) ANY OF THE OFFERINGS SEAL, THE SEAL CODE OR ANY IDENTRUST PAGE WILL MEET YOUR REQUIREMENTSANY EXPECTATIONS, ( i) THE OFFERINGS OR THAT ANY FUNCTION OR AVAILABILITY THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ( i) THE RESULTS OR 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 DEFECTS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU ASSUME IDENTRUST MAKES NO WARRANTY REGARDING THE ENTIRE RISK AS CONTENT OF ANY WEBSITE OR SERVER USING AN IDENTRUST SECURED TLS CERTIFICATE. IN NO EVENT SHALL IDENTRUST’S LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE QUALITY AMOUNT YOU ACTUALLY PAID IDENTRUST FOR IDENTRUST SECURED TLS CERTIFICATE ISSUED TO YOU AND WHICH IDENTIFIES IN IT THE PERFORMANCE OF SAME DOMAIN NAME THAT IS SET FORTH IN THE OFFERINGS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENTSEAL CODE PROVIDED TO YOU BY IDENTRUST PURSUANT TO THIS AGREEMENT. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL IDENTRUST WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT OF THE USE ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INABILITY GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), REGARDLESS OF WHETHER IDENTRUST KNEW OR HAD REASON TO USE THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED KNOW OF THE POSSIBILITY OF SUCH DAMAGESTHEREOF. YOU THE PARTIES AGREE THAT IN ALL CIRCUMSTANCES, PROVIDER’S THE FOREGOING LIMITATION OF WARRANTIES AND LIABILITY ARE AN ESSENTIAL INDUCEMENT TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED IDENTRUST TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREENTER INTO THIS AGREEMENT.

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 EXCEPT FOR CERTAIN PRODUCTS AND OUR AFFILIATED COMPANIESSERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY TREMOLO COMMUNICATIONS DOES NOT CONTROL ANY MATERIALS, OWNERSINFORMATION, AGENTSPRODUCTS, THIRD PARTY SERVICE PROVIDERSOR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, THIRD PARTY CONTENT PROVIDERSSOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. TREMOLO COMMUNICATIONS 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 MERCHANTABLENESS 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. TREMOLO COMMUNICATIONS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF THE FOREGOING (COLLECTIVELYVIRUSES, THE “PROVIDER”) MAKE OR OTHER HARMFUL COMPONENTS. TREMOLO COMMUNICATIONS MAKES NO EXPRESS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DISCLAIMS 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 PURPOSEPURPOSE REGARDING ANY MERCHANDISE, WITH RESPECT TO INFORMATION OR SERVICE PROVIDED THROUGH TREMOLO COMMUNICATIONS OR THE SERVICES, SERVICE CONTENT, THIRD PARTY SERVICES, THIRD PARTY CONTENT, INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY TREMOLO COMMUNICATIONS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. TREMOLO COMMUNICATIONS 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, TREMOLO COMMUNICATIONS 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 You expressly agree that FTI 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. THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. NEITHER FTI, 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. FTI 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. FTI 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, THE EQUIPMENT FURNISHED BY FTI, OR FTI’S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE FTI 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 FTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESANY EVENT, PROVIDERFTI’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 FTI FROM ANY AND ALL OBLIGATIONS, WHICHEVER LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. FTI IS MOREALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. Your sole and exclusive remedy 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 Gridley 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 Xxxxxxx 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 XXXXXXX 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. GRIDLEY 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. GRIDLEY 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 XXXXXXX COMMUNICATIONS, OR GRIDLEY COMMUNICATION’S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A GRIDLEY 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 GRIDLEY COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESANY EVENT, PROVIDERGRIDLEY 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 GRIDLEY COMMUNICATIONS FROM ANY AND ALL OBLIGATIONS, WHICHEVER LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. GRIDLEY 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 EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE 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 IMPILED, 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 LAW, WHICHEVER IS MORE.CLAIM OCCURRED. SECTION 15: SERVICE LEVEL PROVISIONS

Disclaimer of Warranties and Limitation of Liability. WE You expressly agree that S&A Telephone 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 S&A Telephone 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 S&A TELEPHONE 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. S&A TELEPHONE 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 PURPOSEPURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. S&A TELEPHONE COMPANY 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 S&A TELEPHONE COMPANY, OR S&A TELEPHONE COMPANY'S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A S&A TELEPHONE COMPANY 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 S&A TELEPHONE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ALL CIRCUMSTANCESANY EVENT, PROVIDER’S S&A TELEPHONE 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 S&A TELEPHONE COMPANY FROM ANY AND ALL Revised 3/09 OBLIGATIONS, WHICHEVER LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. S&A TELEPHONE 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 AND OUR AFFILIATED COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY XXXXX, OWNERSXXXXX 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 Environmental Science Online Course. HRETA makes no warranty that the Environmental Science Online Course will meet your requirements or operate under your specific conditions of use. HRETA makes no warranty that operation of the Environmental 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, Environmental 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 (COLLECTIVELYEnvironmental 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 LOSSEnvironmental 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 XXXXX'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. Limitation of Remedies and Damages Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Environmental 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 Environmental 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 Environmental 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 YOU UNDERSTAND AND OUR AFFILIATED COMPANIESAGREE THAT THE ELECTRONIC SERVICES ARE PROVIDED “AS-IS.” EXCEPT AS OTHER- WISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, OWNERSTHE CREDIT UNION ASSUMES NO RESPONSI- BILITY 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 MATERI- AL AND/OR DATA DOWNLOADED OR OTHERWISE OB- TAINED THROUGH THE USE OF THE ELECTRONIC SER- VICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITH- OUT 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 FIT- NESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SERVICE CONTENT, PURPOSE OR NON-INFRINGE- MENT 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, ELECTRON- IC 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 RE- TRIEVED BY YOU FROM THE ACCOUNTS OR THAT THE ELECTRONIC SERVICES WILL MEET ANY USER’S RE- QUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NEITHER WE NOR OUR PARTNERSEXCEPT AS DESCRIBED IN THIS AGREEMENT, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL THE CRED- IT UNION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECTINDI- RECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL PU- NITIVE 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 PAR- TY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ELECTRONIC SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMIS- SION 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 CRED- IT 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 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. Limitation of Remedies and Damages 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 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 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 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 IN THIS AGREEMENT, THE “PROVIDER”) MAKE NO WARRANTIES SITE AND DATA 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, COMPLETENESS AND CURRENTNESS. XXXXXXX HAS THE RIGHT TO REGULARLY MAKE CHANGES TO THE SERVICESSITE CONTENT WITHOUT NOTICE TO THE USERS. THE USER'S EXCLUSIVE REMEDY AND XXXXXXX' ENTIRE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM FOR DAMAGES RELATING TO THE SITE OR DATA, SERVICE CONTENTWHETHER BASED IN CONTRACT OR NEGLIGENCE, THIRD PARTY SERVICES, THIRD PARTY CONTENT, AND ANYTHING RELATED SHALL BE LIMITED TO EACH AND ALL THE AGGREGATE AMOUNT OF CHARGES PAID BY THE USER RELATIVE TO THE ACCESSING OF THE FOREGOING (COLLECTIVELY, DATA WHICH IS THE “OFFERINGS”). THE OFFERINGS ARE MADE AVAILABLE TO YOU ON AN “AS IS, AS AVAILABLE” BASIS. YOUR USE BASIS OF THE OFFERINGS IS AT YOUR SOLE AND EXCLUSIVE RISKCLAIM DURING THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. PROVIDER DISCLAIMS RESPONSIBILITY IN NO EVENT SHALL XXXXXXX BE LIABLE TO USER FOR ANY LOSSCLAIM RELATING IN ANY WAY TO (I) USER'S INABILITY OR FAILURE TO PERFORM RESEARCH OR RELATED WORK OR TO PERFORM THAT WORK PROPERLY OR COMPLETELY, DAMAGEEVEN IF ASSISTED BY XXXXXXX OR ITS AGENTS OR EMPLOYEES, FAILURE OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON THE DATA; (II) ANY LOST PROFITS 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 REQUIREMENTSCONSEQUENTIAL, ( 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, INDIRECTEXEMPLARY, INCIDENTAL, SPECIALINDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER'S RIGHTS OR USE OF, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OFFERINGSDATA OR ACCESS THE SITE, EVEN IF WE HAVE XXXXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (III) THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING OR DELIVERING OF DATA. YOU AGREE THAT IN ALL CIRCUMSTANCESFURTHER, PROVIDER’S XXXXXXX SHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED RELATING IN ANY WAY TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MOREANY THIRD PARTY FEATURE.

Disclaimer of Warranties and Limitation of Liability. WE You expressly agree that Xxxxxxx 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 Xxxxxxx 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 XXXXXXX 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. XXXXXXX 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. XXXXXXX 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 XXXXXXX COMMUNICATIONS, 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 XXXXXXX 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 XXXXXXX COMMUNICATIONS 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 XXXXXXX COMMUNICATIONS FROM ANY AND ALL OBLIGATIONS, WHICHEVER LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. XXXXXXX 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 COMPANIESUNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY FT, OWNERSFT 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 SERVICE. FT makes no warranty that the Service will meet your requirements or operate under your specific conditions of use. FT makes no warranty that operation of the Service 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, SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND ANYTHING RELATED TO EACH INTERRUPTIBILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FOREGOING (COLLECTIVELYSERVICE TO MEET YOUR REQUIREMENTS. FT 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 FT, 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 LOSSSERVICE, 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 FT 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 FT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO THE EXTENT THAT IN ALL CIRCUMSTANCESTHE APPLICABLE JURISDICTION LIMITS FT'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 LAW, WHICHEVER IS MOREPERMITTED.