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

Disclaimer of Warranties and Limitations of Liability. THE INFORMATION, PRODUCTS AND SERVICES OFFERED IN THE COURSE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COACH DOES NOT WARRANT THAT THE COURSE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PART OF THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COACH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE, INABILITY TO USE, OR PURCHASE OF THE COURSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COURSE. NOTWITHSTANDING THE FOREGOING, ANY DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE COURSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITED OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COACH’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, without giving effect to its conflict of laws. The state and federal courts located in Melbourne, Victoria shall have exclusive jurisdiction over any case or controversy arising from or relating to the Course. You hereby submit to the exclusive jurisdiction and venue of such courts and consent irrevocably to personal jurisdiction in such courts and waives any defence of forum non conveniens.

Disclaimer of Warranties and Limitations of Liability. EXCEPT AS PROVIDED IN SECTION 5.4 ABOVE, THE INFORMATION, PRODUCTS AND SERVICES OFFERED IN THE COURSE ARE TRUSTID SECURE EMAIL CERTIFICATE IS PROVIDED BY IDENTRUST “AS AS- IS” AND WITHOUT IDENTRUST DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWTYPE, COACH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TOTO ANY IMPLIED WARRANTY OF TITLE, IMPLIED WARRANTIES NON-INFRINGEMENT, MERCHANTABILITY, CORRECTNESS OR ACCURACY OF MERCHANTABILITY AND INFORMATION PROVIDED, OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE TRUSTID SECURE EMAIL CERTIFICATE AND ANY IDENTRUST SERVICE. COACH DOES ANY HARDCRYPTOMODULE PROVIDED BY IDENTRUST UNDER SECTION 3.7 IS PROVIDED BY IDENTRUST “AS-IS” AND IDENTRUST DISCLAIMS ANY AND ALL WARRANTIES OF ANY TYPE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT WARRANT LIMITED TO ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CORRECTNESS OR ACCURACY OF INFORMATION PROVIDED, OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE TRUSTID SECURE EMAIL CERTIFICATE AND ANY IDENTRUST SERVICE IDENTRUST MAKES NO WARRANTY THAT THE COURSE WEBSITE TRUSTID SECURE EMAIL CERTIFICATE, ANY HARDCRYPTOMODULE, OR ANY OF ITS FUNCTIONS IDENTRUST SERVICE WILL MEET ANY EXPECTATIONS, OR THAT ANY FUNCTION OR AVAILABILITY THEREOF WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR-ERROR FREE, OR THAT ANY PART OF DEFECTS WILL BE CORRECTED. IN NO EVENT SHALL IDENTRUST’S LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSAMOUNT CUSTOMER ACTUALLY PAID IDENTRUST FOR THE TRUSTID SECURE EMAIL CERTIFICATE FOR WHICH CUSTOMER APPLIED FOR IN CONNECTION WITH THIS AGREEMENT. COACH SHALL IDENTRUST WILL NOT BE LIABLE TO CUSTOMER 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, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE, INABILITY TO USEPUNITIVE, OR PURCHASE EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), REGARDLESS OF WHETHER IDENTRUST KNEW OR HAD REASON TO KNOW OF THE COURSEPOSSIBILITY THEREOF. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE IN NO EVENT SHALL IDENTRUST HAVE ANY LIABILITY FOR THE CONTENT OF ANY COMMUNICATION MADE USING THE COURSE. NOTWITHSTANDING THE FOREGOINGA TRUSTID SECURE EMAIL CERTIFICATE, ANY DAMAGES HARDCRYPTOMODULE, OR ANY IDENTRUST SERVICE. THE PARTIES AGREE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF WARRANTIES AND LIABILITY ARE AN ESSENTIAL INDUCEMENT TO IDENTRUST TO ENTER INTO THIS AGREEMENT, AND THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS SHALL BE LIMITED APPLY TO THE AMOUNT PAID BY YOU FOR THE COURSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITED OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COACH’S LIABILITY SHALL BE LIMITED TO THE FULLEST GREATEST EXTENT PERMITTED BY LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, without giving effect to its conflict of laws. The state and federal courts located in Melbourne, Victoria shall have exclusive jurisdiction over any case or controversy arising from or relating to the Course. You hereby submit to the exclusive jurisdiction and venue of such courts and consent irrevocably to personal jurisdiction in such courts and waives any defence of forum non conveniens.

Disclaimer of Warranties and Limitations of Liability. THE INFORMATION, PRODUCTS AND ANY GOODS OR SERVICES OFFERED INCLUDED IN THE COURSE A PACKAGE ARE PROVIDED “AS IS”, “WHERE IS” AND WITHOUT “AS AVAILABLE”. WOW FACTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER KIND, EXPRESS OR IMPLIED, AS TO THE PACKAGE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWLEGALLY PERMISSIBLE, COACH THE WOW FACTOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COACH DOES ILLUSTRATIONS, PICTURES OR VIDEOS POSTED ON WOW FACTOR’S WEBSITE AND/OR AUCTIONS ARE FOR IDENTIFICATION PURPOSES ONLY AND ARE NOT WARRANT THAT WARRANTIES OF ANY TYPE. WINNING BIDDER ASSUMES COMPLETE AND SOLE RESPONSIBILITY FOR INSPECTION OF GOODS AND SERVICES PRIOR TO BIDDING AND RELIES SOLELY ON WINNING BIDDER’S OWN INSPECTION AS TO THE COURSE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PART CONDITION AND VALUE OF THE WEBSITE IS FREE GOODS AND SERVICES. WINNING BIDDER WAIVES ANY AND ALL CLAIMS AGAINST WOW FACTOR BASED ON THE CONDITION OR VALUE OF VIRUSES THE GOODS OR OTHER HARMFUL COMPONENTSSERVICES. COACH WOW FACTOR SHALL NOT BE HELD LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PACKAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF MONEY, GOODWILL OR REPUTATION, OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM DIRECTLY OR INDIRECTLY OUT OF YOUR USE, WINNING BIDDER’S USE OF OR INABILITY TO USE, OR PURCHASE USE OF THE COURSEPACKAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COURSE. NOTWITHSTANDING THE FOREGOING, ANY DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE COURSE. BECAUSE SOME STATES OR JURISDICTIONS CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS APPLIED TO WARRANTIES OR THE EXCLUSION OR LIMITED LIMITATION FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO WINNING BIDDER, SOME OR ALL OF LIABILITY THE AFOREMENTIONED DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY APPLY. WOW FACTOR SHALL NOT BE RESPONSIBLE FOR CONSEQUENTIAL ANY GOODS OR INCIDENTAL DAMAGES, IN SUCH STATES SERVICES SOLD BY AUCTION OR JURISDICTIONS FOR MISREPRESENTATIONS AND/OR BREACHES OF CONTRACT BY EITHER AUCTIONEERS AT AUCTION OR THE COACH’S LIABILITY WINNING BIDDER. WOW FACTOR SHALL NOT BE LIMITED TO RESPONSIBLE FOR THE FULLEST EXTENT PERMITTED BY LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, without giving effect to its conflict of laws. The state and federal courts located in Melbourne, Victoria shall have exclusive jurisdiction over any case or controversy arising from or relating to the Course. You hereby submit to the exclusive jurisdiction and venue of such courts and consent irrevocably to personal jurisdiction in such courts and waives any defence of forum non conveniensCOST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY LOSSES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED.

Disclaimer of Warranties and Limitations of Liability. THE INFORMATION, PRODUCTS AND SERVICES OFFERED IN THE COURSE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COACH DOES NOT WARRANT THAT THE COURSE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PART OF THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COACH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE, INABILITY TO USE, OR PURCHASE OF THE COURSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COURSE. NOTWITHSTANDING THE FOREGOING, ANY DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE COURSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITED OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COACH’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, without giving effect effect to its conflict conflict of laws. The state and federal courts located in Melbourne, Victoria shall have exclusive jurisdiction over any case or controversy arising from or relating to the Course. You hereby submit to the exclusive jurisdiction and venue of such courts and consent irrevocably to personal jurisdiction in such courts and waives any defence of forum non conveniens.

Disclaimer of Warranties and Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE INFORMATION, PRODUCTS SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES OFFERED IN THE COURSE AND CONTENT ARE PROVIDED ON AN “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED“AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COACH DISCLAIMS WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY ACCURACY OF DATA, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. COACH DOES NOT WARRANT , AND ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR FROM USAGE OF TRADE; (b) WE MAKE NO WARRANTY (i) THAT THE COURSE WEBSITE OR ANY OF ITS FUNCTIONS SERVICES WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR-ERROR FREE, (ii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE ACCURATE OR RELIABLE, (iii) THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (iv) THAT ANY PART ERRORS IN THE SOFTWARE WILL BE CORRECTED; (c) ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE SERVICES IS FREE DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF VIRUSES DATA OR OTHER HARMFUL COMPONENTSLOSS THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES OR CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. COACH SHALL YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE ARE NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING EXEMPLARY DAMAGES) RESULTING FROM: (a) THE ACCESS OR USE OR THE INABILITY TO ACCESS OR USE THE SERVICES OR CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR OUT SERVICES PURCHASED OR OBTAINED OR CONTENT USED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH OR FROM THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USETRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (e) ANY INTERRUPTION, INABILITY TO USESUSPENSION, OR PURCHASE TERMINATION OF THE COURSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COURSE. NOTWITHSTANDING THE FOREGOINGSERVICES, OR (f) ANY DAMAGES SHALL BE LIMITED OTHER MATTER RELATING TO THE AMOUNT PAID BY YOU FOR SERVICES, THE COURSECONTENT, OR THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITED THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, IN SUCH STATES OR JURISDICTIONS SOME OF THE COACH’S LIABILITY SHALL BE LIMITED LIMITATIONS OF THIS SECTION MAY NOT APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, without giving effect to its conflict of laws. The state and federal courts located in Melbourne, Victoria shall have exclusive jurisdiction over any case or controversy arising from or relating to the Course. You hereby submit to the exclusive jurisdiction and venue of such courts and consent irrevocably to personal jurisdiction in such courts and waives any defence of forum non conveniensYOU.

Disclaimer of Warranties and Limitations of Liability. THE INFORMATIONYour use and browsing of this Website are solely at your own risk. If you are dissatisfied with the Website or any of the materials on the Website, PRODUCTS or with any of the Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Website. THIS WEBSITE AND SERVICES OFFERED IN THE COURSE ALL CONTENT, INCLUDED OR AVAILABLE THEREIN, ARE PROVIDED “"AS IS” " AND "AS AVAILABLE" WITH ALL FAULTS. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY PURSUANT TO APPLICABLE LAWLAWS, COACH BOTH CURRENT AND FUTURE, PHOENIX CONTACT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY AND OTHER VIOLATIONS OF RIGHTS (ALL OF WHICH ARE DISCLAIMED). COACH PHOENIX CONTACT (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT REPRESENT OR WARRANT THAT THE COURSE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PART YOUR USE OF THE WEBSITE IS WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY CONTENT IS ACCURATE OR CORRECT, OR THAT ANY DEFECTS WILL BE CORRECTED. COACH PHOENIX CONTACT (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS WEBSITE, OR FROM MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCE SHALL NOT PHOENIX CONTACT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, COUNSEL, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OR INJURY WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, SPECIAL OR CONSEQUENTIAL THAT RESULTS FROM THE USE OF OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE, INABILITY TO USEUSE THIS WEBSITE OR ANY PORTION THEREOF INCLUDING, WITHOUT BEING LIMITED THERETO, ANY OFFERING THAT MAY BE MADE THEREIN. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR PURCHASE ANY OTHER BASIS, EVEN IF PHOENIX CONTACT HAD BEEN ADVISED OF THE COURSEPOSSIBILITY OF SUCH LIABILITY. YOUR SOLE THE TOTAL LIABILITY OF PHOENIX CONTACT TO YOU FOR ALL LOSSES, DAMAGES AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COURSE. NOTWITHSTANDING THE FOREGOINGCAUSES OF ACTION (IN CONTRACT, ANY DAMAGES SHALL TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE LIMITED TO GREATER THAN THE AMOUNT YOU PAID BY YOU FOR TO ACCESS THE COURSEWEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR LIMITED CONSEQUENTIAL DAMAGES THE LIABILITY OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PHOENIX CONTACT IN SUCH STATES OR JURISDICTIONS THE COACH’S LIABILITY JURISDICTION SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, without giving effect to its conflict of laws. The state and federal courts located in Melbourne, Victoria shall have exclusive jurisdiction over any case or controversy arising from or relating to the Course. You hereby submit to the exclusive jurisdiction and venue of such courts and consent irrevocably to personal jurisdiction in such courts and waives any defence of forum non conveniensTHE LAW THEREUNDER.

Disclaimer of Warranties and Limitations of Liability. The limitations of liability contained in this Agreement are made to the extent permitted by law and subject to clause 12 above. For the avoidance of doubt, nothing in these Terms is intended to limit our liability or impose liability on you in a manner which would be considered unfair under the Competition and Consumer Xxx 0000 (Cth). SUBJECT TO THE INFORMATIONFOREGOING AND CLAUSE 12, PRODUCTS AND SERVICES OFFERED IN TO THE COURSE ARE FULL EXTENT PERMITTED BY LAW: (A) THIS SITE IS PROVIDED BY HARLEY-DAVIDSON AUSTRALIA ON AN “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COACH DISCLAIMS “AS AVAILABLE” BASIS AND HARLEY-DAVIDSON AUSTRALIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWHETHER EXPRESS, IMPLIED OR ARISING BY STATUTE, EXCEPT THE NON- EXCLUDABLE PROVISIONS. WITHOUT LIMITING THE FOREGOING, HARLEY-DAVIDSON AUSTRALIA AND ITS SUPPLIERS MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES AS TO THE OPERATION OR AVAILABILITY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSETHIS SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON OR MADE AVAILABLE THROUGH THIS SITE. COACH HARLEY-DAVIDSON AUSTRALIA DOES NOT WARRANT THAT THE COURSE WEBSITE OR ANY OF ITS FUNCTIONS ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREESECURE, OR THAT ANY PART OF THE WEBSITE THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COACH SHALL ; (B) HARLEY-DAVIDSON AUSTRALIA AND ITS SUPPLIERS AND RELATED COMPANIES LIMIT THEIR LIABILITY IN RESPECT OF ANY CLAIM MADE IN CONNECTION WITH THE NON-EXCLUDABLE PROVISIONS TO, AT ITS OR THEIR OPTION: (i) IN THE CASE OF SERVICES: (a) THE RE-SUPPLY OF THE RELEVANT SERVICES; OR (b) THE PAYMENT OF THE COST OF HAVING THE RELEVANT SERVICES SUPPLIED AGAIN; AND (i) IN THE CASE OF GOODS: (a) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (b) THE REPAIR OF THE GOODS; (c) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (d) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED. (C) HARLEY-DAVIDSON AUSTRALIA AND ITS SUPPLIERS AND RELATED COMPANIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR PUNITIVE DAMAGES ARISING FROM USE), EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (D) A PARTY’S LIABILITY TO THE OTHER PARTY UNDER OR OUT IN CONNECTION WITH THIS AGREEMENT IS REDUCED TO THE EXTENT, IF ANY, TO WHICH THE OTHER PARTY’S ACTS OR OMISSIONS CAUSE OR CONTRIBUTE TO ITS OWN LOSS OR DAMAGE. (E) THE PARTIES MUST TAKE ALL REASONABLE STEPS TO MITIGATE ANY LOSS INCURRED BY THEM UNDER THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ALL OR ANY PORTION OF YOUR USE, INABILITY TO USETHIS SITE, OR PURCHASE WITH ALL OR ANY OF THE COURSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO THESE TERMS, YOU SHOULD DISCONTINUE USING THE COURSE. NOTWITHSTANDING THE FOREGOING, ANY DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE COURSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITED OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COACH’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, without giving effect to its conflict of laws. The state and federal courts located in Melbourne, Victoria shall have exclusive jurisdiction over any case or controversy arising from or relating to the Course. You hereby submit to the exclusive jurisdiction and venue of such courts and consent irrevocably to personal jurisdiction in such courts and waives any defence of forum non conveniensTHIS SITE.