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

Disclaimer of Warranty and Limitation of Liability. 8.1. Except as expressly set forth above and to the maximum extent permitted by applicable law, eToro makes no warranty of any kind, express, implied or statutory, regarding the Trading Platform, and all such warranties, including, without limitation, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by eToro. The Affiliate acknowledges that eToro has not represented or warranted that the Trading Platform will be uninterrupted, error free, without delay or without compromise of the security systems and features therein and appurtenant thereto. No representations or warranties of any kind are made by eToro with regards to any services provided by any wireless carrier or authorized distributor. 8.2. Under no circumstances shall eToro (or any of its shareholders, directors, officers, employees, Affiliates, representatives or licensors) be liable to the Affiliate for any consequential, incidental or special damages (including damages for business interruption, loss of business information and the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Trading Platform, even if eToro has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages, losses or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro (and its shareholders, directors, officers, employees, Affiliates and representatives) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. 8.3. Without derogating from the above, if eToro is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of eToro for all claims whatsoever related to the Trading Platform or otherwise arising out of this Agreement, shall not exceed the payments made to the Affiliate by eToro under this Agreement during the six (6) months preceding the event that gave rise to the action or claim. 8.4. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate against eToro more than twelve (12) months after such cause of action accrued.

Disclaimer of Warranty and Limitation of Liability. 8.1. Except as expressly set forth above and to the maximum extent permitted by applicable law, eToro makes no warranty of any kind, express, implied or statutory, regarding the Trading Platform, and all such warranties, including, without limitation, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by eToro. The Affiliate Partner acknowledges that eToro has not represented or warranted that the Trading Platform will be uninterrupted, error free, without delay or without compromise of the security systems and features therein and appurtenant thereto. No representations or warranties of any kind are made by eToro with regards to any services provided by any wireless carrier or authorized distributor. 8.2. Under no circumstances shall eToro (or any of its shareholders, directors, officers, employees, AffiliatesPartners, representatives or licensors) be liable to the Affiliate Partner for any consequential, incidental or special damages (including damages for business interruption, loss of business information and the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Trading Platform, even if eToro has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages, losses or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro (and its shareholders, directors, officers, employees, Affiliates Partners and representatives) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. 8.3. Without derogating from the above, if eToro is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of eToro for all claims whatsoever related to the Trading Platform or otherwise arising out of this Agreement, shall not exceed the payments made to the Affiliate Partner by eToro under this Agreement during the six (6) months preceding the event that gave rise to the action or claim. 8.4. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate against eToro more than twelve (12) months after such cause of action accrued.six

Disclaimer of Warranty and Limitation of Liability. 8.111.1. Except as expressly set forth above and to the maximum extent permitted by applicable law, eToro ARUM Trade makes no warranty of any kind, express, implied or statutory, regarding the Electronic Trading PlatformPlatform(s), and all such warranties, including, including without limitation, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by eToroARUM Trade. The Affiliate Partner acknowledges that eToro ARUM Trade has not represented or warranted that the Trading Platform will be uninterrupted, error free, without delay or without compromise of the security systems and features therein and appurtenant thereto. No representations or warranties of any kind are made by eToro ARUM Trade with regards to any services provided by any wireless carrier or authorized distributor. 8.211.2. Under no circumstances shall eToro ARUM Trade (or any of its shareholders, directors, officers, employees, Affiliates, representatives or licensors) be liable to the Affiliate Partner for any consequential, incidental or special damages (including damages for business interruption, loss of business information and the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Electronic Trading Platformplatforms, even if eToro ARUM Trade has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages, losses or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro ARUM Trade (and its shareholders, directors, officers, employees, Affiliates affiliates and representatives) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. 8.311.3. Without derogating from the above, if eToro ARUM Trade is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of eToro ARUM Trade for all claims whatsoever related to the Electronic Trading Platform Platforms or otherwise arising out of this Agreement, shall not exceed the payments made to the Affiliate Partner by eToro ARUM Trade under this Agreement during the six (6) months preceding the event that gave rise to the action or claim. 8.411.4. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate Partner against eToro ARUM Trade more than twelve (12) months after such cause of action accrued.

Disclaimer of Warranty and Limitation of Liability. 8.1. Except as expressly set forth above and to the maximum extent permitted by applicable law, eToro Cyber FX makes no warranty of any kind, express, implied or statutory, regarding the Trading Platform, and all such warranties, including, without limitation, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by eToroCyber FX. The Affiliate acknowledges that eToro Cyber FX has not represented or warranted that the Trading Platform will be uninterrupted, error free, without delay or without compromise of the security systems and features therein and appurtenant thereto. No representations or warranties of any kind are made by eToro Cyber FX with regards to any services provided by any wireless carrier or authorized distributor. 8.2. Under no circumstances shall eToro Cyber FX (or any of its shareholders, directors, officers, employees, Affiliates, representatives or licensors) be liable to the Affiliate for any consequential, incidental or special damages (including damages for business interruption, loss of business information and the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Trading Platform, even if eToro Cyber FX has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages, losses or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro Cyber FX (and its shareholders, directors, officers, employees, Affiliates and representatives) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. 8.3. Without derogating from the above, if eToro Cyber FX is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of eToro Cyber FX for all claims whatsoever related to the Trading Platform or otherwise arising out of this Agreement, shall not exceed the payments made to the Affiliate by eToro Cyber FX under this Agreement during the six (6) months preceding the event that gave rise to the action or claim. 8.4. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate against eToro more than twelve (12) months after such cause of action accrued.six

Disclaimer of Warranty and Limitation of Liability. 8.1. Except as expressly set forth above and to the maximum extent permitted by applicable law, eToro the Company makes no warranty of any kind, express, implied or statutory, regarding the Trading Platform, and all such warranties, including, without limitation, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by eTorothe Company. 8.2. The Affiliate acknowledges that eToro the Company has not represented or warranted that the Trading Platform will be uninterrupted, error free, without delay or without compromise of the security systems and features therein and appurtenant thereto. No representations or warranties of any kind are made by eToro with regards to any services provided by any wireless carrier or authorized distributor. 8.28.3. Under no circumstances shall eToro the Company (or any of its shareholders, directors, officers, employees, Affiliates, representatives or licensors) be liable to the Affiliate for any consequential, incidental or special damages (including damages for business interruption, loss of business information and the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Trading Platform, even if eToro the Company has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages, losses or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro the Company (and its shareholders, directors, officers, employees, Affiliates and representatives) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. 8.38.4. Without derogating from If the above, if eToro Company is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of eToro the Company for all claims whatsoever related to the Trading Platform or otherwise arising out of this Agreement, shall not exceed the payments made to the Affiliate by eToro the Company under this Agreement during the six (6) months preceding the event that gave rise to the action or claim. 8.48.5. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate against eToro the Company more than twelve (12) months after such cause of action accrued.

Disclaimer of Warranty and Limitation of Liability. 8.1The Company does not warrant the timeliness, accuracy, completeness, quality, adequacy, usefulness, reliability or content of any information on this Website and expressly disclaims any liability whatsoever for errors or omissions. Except Such information is provided "as expressly set forth above and to the maximum extent permitted by applicable lawis" without representation, eToro makes no warranty or condition of any kind, expresseither express or implied, implied whether by statute or statutory, regarding the Trading Platform, and all such warrantiesotherwise, including, without limitation, the implied conditions and warranties of merchantability and/or and fitness for a particular purpose are hereby expressly disclaimed by eToropurpose, except in jurisdictions which do not allow the exclusion of implied warranties. The Affiliate acknowledges that eToro has not represented or warranted that the Trading Platform will be uninterruptedCompany , error freeits affiliates, without delay or without compromise of the security systems its suppliers and features therein and appurtenant thereto. No representations or warranties of any kind are made by eToro with regards to any services provided by any wireless carrier or authorized distributor. 8.2. Under no circumstances shall eToro (or any of its shareholders, their respective directors, officers, employeesemployees and representatives shall not, Affiliatesunder any circumstances, representatives be responsible or licensors) be liable to the Affiliate for any consequentialdirect, incidental indirect, special, exemplary, punitive, incidental, or special consequential damages, or any other damages (including damages for business whatsoever, including, without limitation, lost revenues, lost profits or loss of prospective economic advantage, resulting from the use of, or misuse of, or inability to access or use this Website, or the information, documents, software or content thereof, or an error, omission, interruption, defect, delay, computer virus, system failure, loss of business information and the like) arising out of data or in connection with this Agreement, including with respect to the use or inability to use the Trading Platformotherwise, even if eToro has been advised of the possibility of such damagesdamages or such damages are reasonably foreseeable, to the fullest extent permitted by law. To the extent that in a particular circumstance any disclaimer Hyperlinks Are Not Endorsements. Links to other Internet resources or limitation on damageswebsites are used at your own risk. Links to other websites or references to products, losses services or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead publications other than those of the provisions hereof in Company on this Website do not imply the endorsement or approval of such particular circumstancewebsites, eToro (products, services or publications by the Company. The Company makes no representations whatsoever about any other website which you may access through this one and its shareholdersaccepts no responsibility whatsoever for such websites or their content. When you access a third party website, directorsplease understand that it is independent from us, officers, employees, Affiliates and representatives) shall be entitled that the Company has no control over the content on that website. Third party websites are not subject to the maximum disclaimers and/or limitations on damages and liability available Company's privacy policies or security standards. Material to be Consulted in its Entirety. All materials at law or this Website are meant to be reviewed in equity by such applicable law in such particular circumstance. 8.3. Without derogating from the above, if eToro is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of eToro for all claims whatsoever related to the Trading Platform or otherwise arising out of this Agreement, shall not exceed the payments made to the Affiliate by eToro under this Agreement during the six (6) months preceding the event that gave rise to the action or claim. 8.4. No action, whether based in contract, strict liability or torttheir entirety, including any action based on negligencefootnotes, arising out legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download. Forward-Looking Statements. From time to time, we make written or oral forward-looking statements within the performance meaning of certain securities laws, including in this AgreementWebsite, in filings with Canadian securities regulators or the Toronto Stock Exchange and in other communications. These statements include, but are not limited to, statements we make about our operations, business lines, financial condition, risk management, priorities, targets, ongoing objectives, strategies and outlook. Forward-looking statements are typically identified by the words 'believe,’, 'expect,’, 'anticipate,’, 'intend,’, 'estimate' and other similar expressions or future or conditional verbs such as 'will,’, 'should,’, 'would' and 'could.’ By their nature, these statements require us to make assumptions and are subject to inherent risks and uncertainties that may be brought by general or specific. A variety of factors, many of which are beyond our control affect our operations, performance and results and those of our business lines, and could cause actual results to differ materially from the Affiliate against eToro more than twelve (12) months after such cause expectations expressed in any of action accruedour forward-looking statements. Readers should not place undue reliance on our forward-looking statements. We do not undertake to update any forward-looking statement that is contained in this Website or in other communications.

Disclaimer of Warranty and Limitation of Liability. 8.111.1. Except as expressly set forth above and to the maximum extent permitted by applicable law, eToro THE COMPANY makes no warranty of any kind, express, implied or statutory, regarding the Electronic Trading PlatformPlatform(s), and all such warranties, including, including without limitation, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by eToroTHE COMPANY. The Affiliate IB acknowledges that eToro THE COMPANY has not represented or warranted that the Trading Platform will be uninterrupted, error free, without delay or without compromise of the security systems and features therein and appurtenant thereto. No representations or warranties of any kind are made by eToro THE COMPANY with regards to any services provided by any wireless carrier or authorized distributor. 8.211.2. Under no circumstances shall eToro THE COMPANY (or any of its shareholders, directors, officers, employees, Affiliates, representatives or licensors) be liable to the Affiliate IB for any consequential, incidental or special damages (including damages for business interruption, loss of business information and the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Electronic Trading Platformplatforms, even if eToro THE COMPANY has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages, losses or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro THE COMPANY (and its shareholders, directors, officers, employees, Affiliates affiliates and representatives) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. 8.311.3. Without derogating from the above, if eToro THE COMPANY is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of eToro THE COMPANY for all claims whatsoever related to the Electronic Trading Platform Platforms or otherwise arising out of this Agreement, shall not exceed the payments made to the Affiliate IB by eToro THE COMPANY under this Agreement during the six two (62) months preceding the event that gave rise to the action or claim. 8.411.4. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate IB against eToro THE COMPANY more than twelve three (123) months after such cause of action accrued.

Disclaimer of Warranty and Limitation of Liability. 8.1. Except as expressly set forth above The Licensed EMIP is provided to, and to the maximum extent permitted by applicable lawis accepted by, eToro makes no Licensee ‘AS IS’ without warranty of any kind, express, implied or statutory, regarding the Trading Platform, . Philips expressly disclaims any and all such warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that all problems in the Designated Equipment(s) will be diagnosed or corrected with the use of the EMIP, or that the EMIP is error free. Except as otherwise prohibited by law, Licensee agrees to indemnify and hold Philips, harmless from any claims, losses, liabilities, damages, costs, penalties, fines and expenses, including, without limitation, the implied warranties of merchantability and/or fitness for reasonable attorneys’ fees, brought against, or suffered by, Philips arising directly or indirectly as a particular purpose are hereby expressly disclaimed by eToro. The Affiliate acknowledges that eToro has not represented or warranted that the Trading Platform will be uninterrupted, error free, without delay or without compromise result of the security systems and features therein and appurtenant thereto. No representations use of the Licensed EMIP, or warranties of any kind are made properly maintain the Designated Equipment, by eToro with regards to any services provided by any wireless carrier or authorized distributor. 8.2. Under no circumstances shall eToro (or any of its shareholdersLicensee, directors, officers, employees, Affiliates, representatives or licensors) be liable except to the Affiliate for any consequential, incidental or special damages (including damages for business interruption, loss of business information and the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Trading Platform, even if eToro has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages, losses or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro (and its shareholders, directors, officers, employees, Affiliates and representatives) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. 8.3. Without derogating damage arise from the abovenegligent act or omission of Philips. IN NO EVENT SHALL PHILIPS, OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR DAMAGE TO REPUTATION) IRRESPECTIVE OF WHETHER SUCH DAMAGES RESULT FROM CLAIMS BASED ON TORT (INCLUDING NEGLIGENCE), WARRANTY, CONTRACT, INDEMNITY, OR ANY OTHER LEGAL THEORY, EVEN IF PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Philips’ total liability, if eToro any, is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of eToro for all claims whatsoever related limited to the Trading Platform or otherwise arising out of this Agreement, shall an amount not to exceed the payments made to License Fee payable for the Affiliate by eToro under this Agreement during Licensed EMIP that is the six (6) months preceding basis for the event that gave rise to the action or claim. THIS LIMITATION SHALL NOT APPLY TO THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY XXXXXXX’ NEGLIGENCE. 8.4. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate against eToro more than twelve (12) months after such cause of action accrued.

Disclaimer of Warranty and Limitation of Liability. 8.1. Except as expressly set forth above and to the maximum extent permitted by applicable law, eToro ,Woolsocks makes no warranty of any kind, express, implied or statutory, regarding the Trading Woolsocks Platform, and all such warranties, including, without limitation, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by eToroWoolsocks. The Affiliate acknowledges that eToro Woolsocks has not represented or warranted that the Trading Woolsocks Platform will be uninterrupted, error free, without delay or without compromise of the ofthe security systems and features therein and appurtenant thereto. No representations or warranties of any kind are made by eToro Woolsocks with regards to any services provided by any wireless carrier or authorized distributor. 8.2. Under no circumstances shall eToro Woolsocks (or any of its shareholders, directors, officers, employees, Affiliates, representatives or licensors) be liable to the Affiliate for any consequential, incidental or special damages (including damages for business interruption, loss of business information and the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Trading Woolsocks Platform, even if eToro Woolsocks has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages, losses or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro Woolsocks (and its shareholders, directors, officers, employees, Affiliates and representatives) shall be entitled to entitledto the maximum disclaimers and/or limitations on damages and liability available at law or in xxxx equity by such applicable law in such particular circumstance. 8.3. Without derogating from the above, if eToro Woolsocks is found liable (whether under contract, tort (including negligence) negligence or otherwise), the cumulative liability of eToro Woolsocks for all claims whatsoever related to the Trading Woolsocks Platform or otherwise arising out of this Agreement, shall not exceed the payments made to the Affiliate by eToro Woolsocks under this Agreement during the six three (63) months preceding the event that gave rise to the action or claim. 8.4. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate against eToro Woolsocks more than twelve (12) months after such cause of action accrued.