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

Disclaimer of Warranties; Limitation of Liability. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. GLOBALMSDS LTD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME GLOBALMSDS LTD MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. GLOBALMSDS LTD DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND GLOBALMSDS LTD DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) GLOBALMSDS LTD'S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) GLOBALMSDS LTD'S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF GLOBALMSDS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

Disclaimer of Warranties; Limitation of Liability. SOME JURISDICTIONS DO BORROWER ACKNOWLEDGES AND AGREES THAT THE EQUIPMENT IS FINANCED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” AND, IRRESPECTIVE OF WHETHER BORROWER IS ACQUIRING THE EQUIPMENT DIRECTLY FROM A SUPPLIER OR FROM LENDER: (i) LENDER DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, MAKE AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES EITHER EXPRESSED OR IMPLIED AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME CONDITION OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. GLOBALMSDS LTD DOES NOT GUARANTEEEQUIPMENT, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME GLOBALMSDS LTD MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULARITS DESIGN, GLOBALMSDS LTD AND ITS AFFILIATESCONDITION, SUBSIDIARIESCAPACITY, OFFICERSDURABILITY, DIRECTORSQUALITY OF MATERIAL, EMPLOYEESOPERATION OR WORKMANSHIP, AGENTSCONFORMITY OF ANY DESCRIPTION OR PATENT, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) TRADEMARK OR COPYRIGHT, OR OTHERWISE WITH RESPECT TO ANY CHARACTERISTICS OF THE SERVICE WILL MEET YOUR REQUIREMENTSEQUIPMENT WHATSOEVER; (IIii) YOUR USE LENDER IS NOT THE MANUFACTURER OR SUPPLIER OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE EQUIPMENT NOR THE MANUFACTURER’S OR ERROR-FREESUPPLIER’S AGENT AND NO SUCH PERSON IS LXXXXX’S AGENT FOR ANY PURPOSE; (IIIiii) LENDER IS NOT RESPONSIBLE FOR ANY INFORMATION OBTAINED BY YOU AS A RESULT REPAIRS OR SERVICE TO ANY EQUIPMENT, DEFECTS THEREIN OR FAILURES IN THE OPERATION THEREOF OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH ANY SUCH EQUIPMENT, DEFECTS, OR FAILURES (NOR SHALL BORROWER BE RESPONSIBLE OR LIABLE TO LENDER FOR ANY INDIRECT SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING UNDER OR IN CONNECTION WITH THIS MASTER AGREEMENT; PROVIDED, THAT NOTHING IN THIS SECTION 5(F) SHALL LIMIT THE BORROWER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10(C) OF THE SERVICE WILL BE ACCURATE OR RELIABLETHIS MASTER AGREEMENT); AND (IViv) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART BORROWER HAS SELECTED EACH ITEM OF THE SERVICE WILL BE CORRECTED. GLOBALMSDS LTD DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, EQUIPMENT BASED ON ITS OWN JUDGMENT AND GLOBALMSDS LTD EXPRESSLY DISCLAIMS ANY LIABILITY RELATING THERETO. RELIANCE UPON ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) GLOBALMSDS LTD'S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) GLOBALMSDS LTD'S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF GLOBALMSDS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICEREPRESENTATIONS MADE BY LXXXXX.

Disclaimer of Warranties; Limitation of Liability. SOME JURISDICTIONS DO NOT ALLOW 11.1. THE EXCLUSION APPLICATION AND THE CONTENT AND SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF CERTAIN WARRANTIES, AS SUCH, ANY KIND. TO THE MAXIMUM EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY PERMITTED UNDER APPLICABLE LAW, SOME THE BANK, ON ITS OWN BEHALF AND ON BEHALF OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. GLOBALMSDS LTD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME GLOBALMSDS LTD MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLOBALMSDS LTD ITS AFFILIATES AND ITS AFFILIATESAND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND THE CONTENT AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. IN PARTICULARWITHOUT LIMITATION TO THE FOREGOING, GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE THE BANK PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT (I) THE SERVICE APPLICATION WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL , ACHIEVE ANY INTENDED RESULTS, BE TIMELYCOMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, UNINTERRUPTEDAPPLICATIONS, SECURE SYSTEMS OR ERROR-FREE; (III) SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL PERFORMANCE OR RELIABILITY STANDARDS OR BE ACCURATE ERROR FREE OR RELIABLE; AND (IV) THAT ANY ERRORS OR DEFECTS CAN OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. 11.2. GLOBALMSDS LTD THE BANK ASSUMES NO RESPONSIBILITY FOR THE TRANSACTIONS YOU PERFORM ON OR THROUGH THE APPLICATION. IN NO EVENT SHALL THE BANK BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY TRANSACTION YOU PERFORM ON OR THROUGH THE APPLICATION. 11.3. YOU UNDERSTAND THAT THE BANK CANNOT AND DOES NOT REPRESENT GUARANTEE OR GUARANTEE WARRANT THAT THE SERVICE APPLICATION OR THE CONTENT AND SERVICES WILL BE ERROR FREE FROM LOSSOR FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, CORRUPTIONAND FOR MAINTAINING A MEANS FOR ANY RECONSTRUCTION OF ANY LOST DATA. THE BANK WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY BUGS, CRASHES, A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES, INTERFERENCEOR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR DAMAGE YOUR MOBILE DEVICE, HACKINGAPPLICATIONS, DATA, OR OTHER SECURITY INTRUSION, AND GLOBALMSDS LTD DISCLAIMS ANY LIABILITY RELATING THERETO. ANY PROPRIETARY MATERIAL DOWNLOADED DUE TO YOUR ACCESS OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION OR THE CONTENT AND SERVICES. 11.4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE BANK OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE IS ACCESSED AT PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR OWN DISCRETION USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE SERVICES FOR ANY DAMAGE TO YOUR DEVICEDIRECT, COMPUTERINDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR LOSS OF DATA THAT RESULTS OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFLOST PROFITS, LOST DATA, OR ERRORS OR INACCURACIES INBUSINESS INTERRUPTION), THE CONTENTWHETHER BASED ON WARRANTY, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATHCONTRACT, PERSONAL INJURYTORT, OR SEVERE PHYSICAL ANY OTHER LEGAL THEORY AND WHETHER OR ENVIRONMENTAL DAMAGENOT ADVISED OF THE POSSIBILITY FOR SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION AND THE CONTENT AND SERVICES IS TO STOP USING THEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE LAWSTATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS OR AND LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING TO THE SERVICE. EXTENT ANY ASPECTS OF THE FOLLOWING FOREGOING LIMITATIONS DO OF LIABILITY ARE NOT APPLY IN RESPECT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF LOSS RESULTING FROM (A) GLOBALMSDS LTD'S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) GLOBALMSDS LTD'S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE THE BANK TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF GLOBALMSDS LTD HAS BEEN ADVISED WITH RESPECT TO YOUR USE OF THE POSSIBILITY OF SUCH DAMAGESAPPLICATION OR THE CONTENT AND SERVICES IS FIVE HUNDRED DOLLARS ($500), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

Disclaimer of Warranties; Limitation of Liability. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. GLOBALMSDS LTD DOES NOT GUARANTEE, REPRESENT, OR WARRANT 4.1 YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE SITE IS AT YOUR SOLE RISK. NEITHER Q Q Green, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED UNINTERUPTED OR ERROR-ERROR FREE, AND YOU AGREE . NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM TIME TO TIME GLOBALMSDS LTD MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS USE OF TIMETHE SITE, OR CANCEL AS TO THE SERVICE IN ACCORDANCE WITH ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE TERMS OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE. 4.2 THE SITE AND AGREE THAT ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE IS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLOBALMSDS LTD AND BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Q Q GREEN (OR ANY OF ITS AFFILIATESPARENTS, SUBSIDIARIES, OFFICERS, DIRECTORSAFFILIATES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDTHIRD PARTY CONTENT PROVIDERS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSELICENSORS, AND NON-INFRINGEMENT. IN PARTICULAR, GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIESTHEIR RESPECTIVE DIRECTORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS), PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. GLOBALMSDS LTD DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND GLOBALMSDS LTD DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) GLOBALMSDS LTD'S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) GLOBALMSDS LTD'S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALSPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, THE INABILITY TO USE, DATAANY CONTENT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICESINFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER INTANGIBLE LOSSES (EVEN IF GLOBALMSDS LTD HAS BEEN ADVISED REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Q Q GREEN (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), RESULTING FROM: (I) THE USE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR ILLEGAL CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICEUSER, INCLUDING YOU.

Disclaimer of Warranties; Limitation of Liability. SOME JURISDICTIONS WE DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. GLOBALMSDS LTD DOES NOT GUARANTEE, REPRESENT, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE UNINTERRUPTED ACCURATE OR ERROR-FREE, AND RELIABLE. YOU AGREE THAT FROM TIME TO TIME GLOBALMSDS LTD WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, TIME OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENTAT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN "'AS IS" ' AND "'AS AVAILABLE" BASIS. GLOBALMSDS LTD AND ITS AFFILIATES' FOR YOUR USE, SUBSIDIARIESWITHOUT ANY REPRESENTATION, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN PARTICULARNO CASE SHALL CLOUD9, GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIESOUR DIRECTORS, OFFICERS, DIRECTORSEMPLOYEES, EMPLOYEESAFFILIATES, AGENTS, PARTNERS AND CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELYLIABLE FOR ANY INJURY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. GLOBALMSDS LTD DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGCLAIM, OR OTHER SECURITY INTRUSION, AND GLOBALMSDS LTD DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) GLOBALMSDS LTD'S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) GLOBALMSDS LTD'S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR EXEMPLARY ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS ANY ERRORS OR SERVICESOMISSIONS IN ANY CONTENT, OR OTHER INTANGIBLE LOSSES (EVEN IF GLOBALMSDS LTD HAS BEEN ADVISED ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; CONTENT (IIIOR PRODUCT) THE UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OFPOSTED, CORRUPTION OFTRANSMITTED, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH OTHERWISE MADE AVAILABLE VIA THE SERVICE; (V) STATEMENTS , EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES, PROVINCES OR CONDUCT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE SERVICEMAXIMUM EXTENT PERMITTED BY LAW.

Disclaimer of Warranties; Limitation of Liability. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. GLOBALMSDS LTD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME GLOBALMSDS LTD MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE SITE AND THE INTERNET BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND THE INTERNET BANKING SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE INTERNET BANKING SERVICES ARE PROVIDED ON AN "“AS IS" ” AND "“AS AVAILABLE" ” BASIS. GLOBALMSDS LTD WE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OUR SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KINDKIND AS TO THE SITE AND THE INTERNET BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND THE INTERNET BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM USAGE IN TRADE AND NON-INFRINGEMENT. IN PARTICULARNONINFRINGEMENT. B. WITHOUT LIMITING THE FOREGOING, GLOBALMSDS LTD YOU EXPRESSLY UNDERSTAND AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AGREE THAT WE AND LICENSORS OUR SERVICE PROVIDERS MAKE NO WARRANTY THAT (I) THAT: i. THE SERVICE SITE OR THE INTERNET BANKING SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF ; ii. THE SERVICE INTERNET BANKING SERVICES WILL BE UNINTERRUPTED, AVAILABLE 24 HOURS A DAY, SEVEN DAYS A WEEK, TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION ; iii. THE RESULTS THAT MAY BE OBTAINED BY YOU AS A RESULT FROM THE USE OF THE SERVICE TH E INTERNET BANKING SERVICES WILL BE ACCURATE OR RELIABLE; iv. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, ADVICE OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE INTERNET BANKING SERVICES WILL MEET YOUR EXPECTATIONS; AND (IV) OR v. ANY ERRORS, OMISSIONS OR DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE TECHNOLOGY WILL BE CORRECTED. GLOBALMSDS LTD DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS. C. ANY PRODUCTS, CORRUPTIONSERVICES, ATTACK, VIRUSES, INTERFERENCE, HACKING, INFORMATION OR OTHER SECURITY INTRUSION, AND GLOBALMSDS LTD DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM THE BANK OR OUR SERVICE PROVIDERS THROUGH THE USE OF THE SERVICE SITE OR THE INTERNET BANKING SERVICES IS ACCESSED DONE AT YOUR OWN DISCRETION AND RISK, RISK AND YOU WILL BE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. D. The foregoing does not limit rights that may not be waived or modified under laws applicable to you or your transactions, and some jurisdictions do not allow the exclusion of certain warranties. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFAccordingly, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) GLOBALMSDS LTD'S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) GLOBALMSDS LTD'S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF GLOBALMSDS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICEsome of the above limitations may not apply to you.

Disclaimer of Warranties; Limitation of Liability. SOME JURISDICTIONS DO NOT ALLOW AS USED HEREIN THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL PHRASE “ZELUS PARTIES” MEANS ZELUS AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. GLOBALMSDS LTD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREEITS AFFILIATE ENTITIES, AND YOU AGREE THAT FROM TIME TO TIME GLOBALMSDS LTD MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMETHEIR RESPECTIVE VENDORS, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIESLICENSORS (INCLUDING XXXXXX “RISKIE” XXXXX), OFFICERS, DIRECTORS, EMPLOYEESMEMBERS, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU OTHER REPRESENTATIVES. ALL NFTs ARE PROVIDED “AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; IS” AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU “AS PART OF THE SERVICE WILL BE CORRECTED. GLOBALMSDS LTD DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND GLOBALMSDS LTD DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AVAILABLE” WITHOUT WARRANTIES OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED KIND EITHER EXPRESS OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERSIMPLIED. TO THE FULLEST EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOME OF THE EXCLUSIONS ZELUS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) GLOBALMSDS LTD'S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) GLOBALMSDS LTD'S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGESIMPLIED, INCLUDING, BUT NOT LIMITED TO, DAMAGES IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR LOSS OF A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE ZELUS PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING BUT NOT LIMITED TO THE NFT, THE SALE PROCESS, ANY TECHNOLOGY, AND/OR PARTIES RELATED TO THE SALE PROCESS, INCLUDING BUT NOT LIMITED TO THE ETHEREUM BLOCKCHAIN, ANY CRYPTO WALLET, AND/OR OZONE NETWORKS, INC D/B/A OPENSEA, OR ANY OTHER INTANGIBLE LOSSES (PLATFORM ON WHICH THE NFT IS SOLD, STORED, DISPLAYED, OR MAINTAINED. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF GLOBALMSDS LTD A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)LOSS OR DAMAGE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) AND IN ANY CHANGES MADE EVENT, TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ZELUS PARTIES’ TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED TEN PERCENT (10%) OF THE SERVICE TOTAL SUM PAID DIRECTLY BY YOU TO ZELUS FOR THE NFT. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART THEREOF; OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. PLEASE BE AWARE THAT THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS (III) THE UNAUTHORISED ACCESS TO OR ALTERATION AND RESIDENTS OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OFANY OTHER STATES, CORRUPTION OFTERRITORIES, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICEJURISDICTION).

Disclaimer of Warranties; Limitation of Liability. SOME JURISDICTIONS DO NOT ALLOW NEITHER THE EXCLUSION COMPANY NOR ANY PROVIDER OF CERTAIN WARRANTIES, AS SUCH, TO THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. GLOBALMSDS LTD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEB SERVICE WILL BE UNINTERRUPTED OR ERROR-ERROR FREE; NOR DOES THE COMPANY, AND YOU AGREE THAT FROM TIME TO TIME GLOBALMSDS LTD MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIMEANY THIRD PARTY CONTENT PROVIDER, OR CANCEL THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SERVICE IN ACCORDANCE WITH OR THE TERMS OF THIS AGREEMENTCONTENT. YOU EXPRESSLY UNDERSTAND THE WEB SERVICE AND AGREE THAT THE SERVICE IS PROVIDED CONTENT ARE DISTRIBUTED ON AN "AS IS" AND ", AS AVAILABLE" BASIS. GLOBALMSDS LTD AND ITS AFFILIATESNEITHER THE COMPANY, SUBSIDIARIESTHIRD PARTY CONTENT PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENTWITH RESPECT TO THE WEB SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEB SERVICE. IN PARTICULAR, GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY NEITHER THE COMPANY NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT (I) ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. GLOBALMSDS LTD DOES NOT REPRESENT OR GUARANTEE THAT THE WEB SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OF VIRUSES OR OTHER SECURITY INTRUSION, SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND GLOBALMSDS LTD DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL ASSUMED SOLELY BY YOU. NEITHER THE COMPANY NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE SOLELY RESPONSIBLE LIABLE FOR ANY DAMAGE TO YOUR DEVICEACT, COMPUTER, DIRECT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) GLOBALMSDS LTD'S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) GLOBALMSDS LTD'S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALSPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF GLOBALMSDS LTD SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM: (I) SO THE USE ABOVE LIMITATIONS OR INABILITY EXCLUSIONS MAY NOT APPLY TO USE YOU. IN SUCH STATES, THE SERVICE (II) ANY CHANGES MADE LIABILITY OF THE COMPANY, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICEGREATEST EXTENT PERMITTED BY LAW.

Disclaimer of Warranties; Limitation of Liability. SOME JURISDICTIONS WE DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. GLOBALMSDS LTD DOES NOT GUARANTEE, REPRESENT, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE UNINTERRUPTED ACCURATE OR ERROR-FREE, AND RELIABLE. YOU AGREE THAT FROM TIME TO TIME GLOBALMSDS LTD WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, TIME OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENTAT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN "'AS IS" ' AND "'AS AVAILABLE" BASIS. GLOBALMSDS LTD AND ITS AFFILIATES' FOR YOUR USE, SUBSIDIARIESWITHOUT ANY REPRESENTATION, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN PARTICULARNO CASE SHALL CLOUD9, GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIESOUR DIRECTORS, OFFICERS, DIRECTORSEMPLOYEES, EMPLOYEESAFFILIATES, AGENTS, PARTNERS AND CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELYLIABLE FOR ANY INJURY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. GLOBALMSDS LTD DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKINGCLAIM, OR OTHER SECURITY INTRUSION, AND GLOBALMSDS LTD DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) GLOBALMSDS LTD'S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) GLOBALMSDS LTD'S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR EXEMPLARY ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS ANY ERRORS OR SERVICESOMISSIONS IN ANY CONTENT, OR OTHER INTANGIBLE LOSSES (EVEN IF GLOBALMSDS LTD HAS BEEN ADVISED ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; CONTENT (IIIOR PRODUCT) THE UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OFPOSTED, CORRUPTION OFTRANSMITTED, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH OTHERWISE MADE AVAILABLE VIA THE SERVICE; (V) STATEMENTS , EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR CONDUCT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE SERVICEMAXIMUM EXTENT PERMITTED BY LAW.

Disclaimer of Warranties; Limitation of Liability. SOME JURISDICTIONS DO 1. NO WARRANTIES: XXXXX-XXXXXXX.XX.XX DOES NOT ALLOW AND CANNOT WARRANT THE EXCLUSION OF CERTAIN WARRANTIESPERFORMANCE OR RESULTS OBTAINED BY YOU IN USING THE system, AS SUCHTHAT THE system WILL MEET YOUR REQUIREMENTS, TO OR THAT THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OPERATION OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. GLOBALMSDS LTD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE system WILL BE UNINTERRUPTED OR ERROR-ERROR FREE, AND YOU AGREE THAT FROM TIME TO TIME GLOBALMSDS LTD MAY REMOVE . THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE system IS PROVIDED ON AN "LICENSED “AS IS" ” AND "AS AVAILABLE" BASISTHE MAINTENANCE SERVICES PROVIDED HEREUNDER SHALL BE PERFORMED IN A WORKMANLIKE MANNER. GLOBALMSDS LTD XXXXX-XXXXXXX.XX.XX EXPRESSLY DISCLAIMS ANY AND ITS AFFILIATESALL OTHER WARRANTIES WITH RESPECT TO THE system AND SERVICES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 2. LIMITATION OF LIABILITY. IN PARTICULAR, GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE EVENT WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL XXXXX-XXXXXXX.XX.XX BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. GLOBALMSDS LTD DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND GLOBALMSDS LTD DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE LIABLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) GLOBALMSDS LTD'S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) GLOBALMSDS LTD'S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF GLOBALMSDS LTD HAS BEEN ADVISED INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE POSSIBILITY DELIVERY OF SUCH DAMAGES)MAINTENANCE SERVICES OR AND DELAY IN DELIVERY OF THE MAINTENANCE SERVICES. XXXXXXXXXXXX.XX.XX’S MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER FORM OF LIABILITY) FOR DAMAGES OR LOSS, RESULTING FROM: (I) HOWSOEVER ARISING OR CAUSED, SHALL IN NO EVENT EXCEED THE USE OR INABILITY TO USE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE (II) ANY CHANGES MADE RELEVANT SERVICES GIVING RISE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICELIABILITY.

Disclaimer of Warranties; Limitation of Liability. SOME JURISDICTIONS DO NOT ALLOW 12.1. THE EXCLUSION APPLICATION AND THE CONTENT AND SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF CERTAIN WARRANTIES, AS SUCH, ANY KIND. TO THE MAXIMUM EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY PERMITTED UNDER APPLICABLE LAW, SOME THE BANK, ON ITS OWN BEHALF AND ON BEHALF OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. GLOBALMSDS LTD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME GLOBALMSDS LTD MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLOBALMSDS LTD ITS AFFILIATES AND ITS AFFILIATESAND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND THE CONTENT AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. IN PARTICULARWITHOUT LIMITATION TO THE FOREGOING, GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE THE BANK PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT (I) THE SERVICE APPLICATION WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL , ACHIEVE ANY INTENDED RESULTS, BE TIMELYCOMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, UNINTERRUPTEDAPPLICATIONS, SECURE SYSTEMS OR ERROR-FREE; (III) SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL PERFORMANCE OR RELIABILITY STANDARDS OR BE ACCURATE ERROR FREE OR RELIABLE; AND (IV) THAT ANY ERRORS OR DEFECTS CAN OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. 12.2. GLOBALMSDS LTD THE BANK ASSUMES NO RESPONSIBILITY FOR THE TRANSACTIONS YOU PERFORM ON OR THROUGH THE APPLICATION. IN NO EVENT SHALL THE BANK BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY TRANSACTION YOU PERFORM ON OR THROUGH THE APPLICATION. 12.3. YOU UNDERSTAND THAT THE BANK CANNOT AND DOES NOT REPRESENT GUARANTEE OR GUARANTEE WARRANT THAT THE SERVICE APPLICATION OR THE CONTENT AND SERVICES WILL BE ERROR FREE FROM LOSSOR FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, CORRUPTIONAND FOR MAINTAINING A MEANS FOR ANY RECONSTRUCTION OF ANY LOST DATA. THE BANK WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY BUGS, CRASHES, A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES, INTERFERENCEOR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR DAMAGE YOUR MOBILE DEVICE, HACKINGAPPLICATIONS, DATA, OR OTHER SECURITY INTRUSION, AND GLOBALMSDS LTD DISCLAIMS ANY LIABILITY RELATING THERETO. ANY PROPRIETARY MATERIAL DOWNLOADED DUE TO YOUR ACCESS OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION OR THE CONTENT AND SERVICES. 12.4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE BANK OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE IS ACCESSED AT PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR OWN DISCRETION USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE SERVICES FOR ANY DAMAGE TO YOUR DEVICEDIRECT, COMPUTERINDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR LOSS OF DATA THAT RESULTS OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OFLOST PROFITS, LOST DATA, OR ERRORS OR INACCURACIES INBUSINESS INTERRUPTION), THE CONTENTWHETHER BASED ON WARRANTY, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATHCONTRACT, PERSONAL INJURYTORT, OR SEVERE PHYSICAL ANY OTHER LEGAL THEORY AND WHETHER OR ENVIRONMENTAL DAMAGENOT ADVISED OF THE POSSIBILITY FOR SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION AND THE CONTENT AND SERVICES IS TO STOP USING THEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE LAWSTATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS OR AND LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING TO THE SERVICE. EXTENT ANY ASPECTS OF THE FOLLOWING FOREGOING LIMITATIONS DO OF LIABILITY ARE NOT APPLY IN RESPECT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF LOSS RESULTING FROM (A) GLOBALMSDS LTD'S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) GLOBALMSDS LTD'S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE THE BANK TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF GLOBALMSDS LTD HAS BEEN ADVISED WITH RESPECT TO YOUR USE OF THE POSSIBILITY OF SUCH DAMAGESAPPLICATION OR THE CONTENT AND SERVICES IS FIVE HUNDRED DOLLARS ($500), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.