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

Disclaimer of Warranty and Limitation of Liability. THE WECOOK WEBSITE, ITS CONTENTS, FUNCTIONS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THE WECOOK WEBSITE (INCLUDING THE PRODUCTS AND SERVICE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WECOOK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WECOOK DOES NOT WARRANT THAT THE WECOOK WEBSITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WlLL BE CORRECTED. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To the extent permitted by applicable law, WeCook warranties, indemnities and remedies (to the extent there are any) set forth in these Terms and Conditions of Sale are exclusive and are in lieu of all other warranties, indemnities and remedies (or similar rights available under applicable law or otherwise), whether express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and noninfringement, all of which are expressly disclaimed. Also to the extent permitted by applicable law, in no event shall WeCook, its parent, its subsidiaries, its affiliates nor any of its or their directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers and successors have any liability, whether based in contract, delict, tort (including negligence), strict liability or otherwise, for incidental, indirect, consequential, special or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption (as applicable) of the Products or the Service or the Account or any other service offered by WeCook or otherwise hereunder, whether foreseeable or not, and even if WeCook had been advised of the possibility of such damages. Where WeCook is found liable to pay any damages to you, WeCook’s total liability to you under the Terms and Conditions of Sale shall be limited to the actual amount paid by you for the Products and the Service for the last Order you placed through your Account. These limitations of liability will not be if the remedy provided fails its essential purpose.

Disclaimer of Warranty and Limitation of Liability. THE WECOOK WEBSITE, ITS CONTENTS, FUNCTIONS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THE WECOOK WEBSITE (INCLUDING THE PRODUCTS AND SERVICE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WECOOK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WECOOK DOES NOT WARRANT THAT THE WECOOK WEBSITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WlLL BE CORRECTED. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To the full extent permitted allowed by applicable law, WeCook warrantiesthe COMPANY makes no warranty or representation regarding the Site, indemnities including that the Site will meet your requirements or will work in combination with any hardware or software provided by third parties, that the service will be uninterrupted, problem, virus or error free, or that all errors in the service will be corrected. You acknowledge and agree that the COMPANY provides the Site “as is” and “as available”. To the full extent allowed by applicable law, the COMPANY’s warranties and remedies (to the extent there are if any) expressly set forth in these Terms and Conditions of Sale herein are exclusive and are in lieu of all other warranties, indemnities and remedies (or similar rights available under applicable law or otherwise), whether express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to to, the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and noninfringementnon-infringement, all of which are expressly disclaimed. Also TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND OTHER ENTITIES, ITS DIRECTORS, ADMINISTRATORS, OFFICERS, EMPLOYEES, SUPPLIERS AS WELL AS ANY OTHER PERSON ACTING ON BEHALF OF THE COMPANY OR THIRD PARTIES WITH WHOM THE COMPANY ASSOCIATES ITSELF FROM TIME TO TIME (COLLECTIVELY “THE PARTIES”), BE LIABLE IN ANY WAY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE’S SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF SUCH PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE PARTIES ARE FOUND LIABLE TO PAY YOU ANY DAMAGES OR OTHER REMEDIES, THE PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CA). IF YOU ARE UNHAPPY OR DISSATISFIED WITH THE SITE OR ITS CONTENT, OR IF YOU DO NOT ADHERE TO THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. By using this Site, you agree to assume complete responsibility for all the risks associated with your use of the Site, including but not limited to, responsibility for all charges related to the extent permitted by applicable law, in no event shall WeCook, its parent, its subsidiaries, its affiliates nor any of its maintenance or their directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers and successors have any liability, whether based in contract, delict, tort (including negligence), strict liability or otherwise, for incidental, indirect, consequential, special or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption (as applicable) repairs of the Products or the Service or the Account or any other service offered by WeCook or otherwise hereunder, whether foreseeable or not, and even if WeCook had been advised material that you employ as part of the possibility your use of such damages. Where WeCook is found liable to pay any damages to you, WeCook’s total liability to you under the Terms and Conditions of Sale shall be limited to the actual amount paid by you for the Products and the Service for the last Order you placed through your Account. These limitations of liability will not be if the remedy provided fails its essential purposethis Site.

Disclaimer of Warranty and Limitation of Liability. THE WECOOK WEBSITEUse of this Site is entirely at your own risk and is subject to all applicable state, ITS CONTENTS, FUNCTIONS AND national and international laws and regulations. ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THE WECOOK WEBSITE (INCLUDING THE PRODUCTS AND SERVICE) MATERIALS ON THIS SITE ARE PROVIDED ON AN “"AS IS” AND “AS AVAILABLE” BASIS " WITHOUT REPRESENTATIONS OR WARRANTIES WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WECOOK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NON-INFRINGEMENT AND INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. NEITHER NUTRI VENTURES USA, INC. NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WECOOK DOES NOT WARRANT THAT THE WECOOK WEBSITE OR ITS CONTENTS WILL BE COMPLETEDIRECT, ACCURATEINCIDENTAL, TIMELYCONSEQUENTIAL, UNINTERRUPTED, SECURE OR ERROR FREEINDIRECT, OR THAT DEFECTS WlLL BE CORRECTED. ALL INFORMATION PUNITIVE DAMAGES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF, THE SITE; (B) ANY PRODUCTS, SERVICES, INFORMATION, ACTIVITIES, AND/OR MATERIALS AVAILABLE ON OR THROUGH THE SITE; (C) ANY BREACHES OF SECURITY INVOLVING THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW OR YOUR ACCOUNT, OR ANY LACK OF AVAILABILITY OR OPERATIONAL PROBLEM OF, THE EXCLUSION SITE; OR (D) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF CERTAIN WARRANTIES SO SOME YOUR USE OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOUSITE. To Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by applicable law. Nutri Ventures USA, WeCook warrantiesInc. may provide links, indemnities in its sole discretion, to other sites on the Internet for your convenience in locating related information and remedies (to the extent there are any) set forth in these Terms and Conditions of Sale are exclusive services. These sites have not necessarily been reviewed by Nutri Ventures USA, Inc. and are maintained by third parties over which Nutri Ventures USA, Inc. exercises no control. NUTRI VENTURES USA, INC. MAKES NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD-PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE. Nutri Ventures USA, Inc. does not endorse, and shall not be liable in lieu connection with, the content, the accuracy of all other warrantiesthe information, indemnities and remedies (and/or quality of products or similar rights available under applicable law services provided by or otherwise)advertised on these third-party web sites. Use of third-party sites is at your own risk. Nutri Ventures USA, whether express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and noninfringement, all of which are expressly disclaimed. Also to the extent permitted by applicable lawInc., in no event shall WeCookits sole discretion, its parent, its subsidiaries, its affiliates nor any may post the advertisements of its or their directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers and successors have any liability, whether based in contract, delict, tort (including negligence), strict liability or otherwise, for incidental, indirect, consequential, special or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption (as applicable) of the Products or the Service or the Account third parties on this Site. Your correspondence or any other service offered by WeCook dealings with advertisers found on this Site are solely between you and such advertiser. You agree that Nutri Ventures shall not be responsible for any loss or otherwise hereunder, whether foreseeable damage of any sort incurred as a result of any such dealings or not, and even if WeCook had been advised as the result of the possibility presence of such damagesadvertisers on this Site. Where WeCook is found Moreover, Nutri Ventures USA, Inc. shall not be responsible or liable to pay any damages to you, WeCook’s total liability to you under the Terms and Conditions of Sale shall be limited to the actual amount paid by you for the Products and statements or conduct of any third party on this Site. You agree not to do the Service for the last Order you placed through your Account. These limitations of liability will not be if the remedy provided fails its essential purpose.following:

Disclaimer of Warranty and Limitation of Liability. We do not and cannot warrant that the Services will operate without error, or that the Services will be available at all times. We will not be liable to you for any loss, damage or expense of any kind or nature caused, directly or indirectly, by the Services or by any interruption of service or loss of use thereof or for any loss of business, howsoever caused. You agree that we will have no liability if information is intercepted by an unauthorized person, either in transit or at your place of business, or if your use of the Services is interrupted, lost or delayed. THE WECOOK WEBSITESERVICES, ITS CONTENTSINCLUDING, FUNCTIONS AND ALL INFORMATIONBUT NOT LIMITED TO, PRODUCTS AND SERVICES CONTAINED IN ANY SOFTWARE AND/OR OFFERED THROUGH APPLICATION RELATED TO AND/OR USED TO ACCESS THE WECOOK WEBSITE (INCLUDING THE PRODUCTS AND SERVICE) ARE SERVICES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES ”. THERE IS NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WECOOK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE USE, AND NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESSED OR NON-INFRINGEMENT IMPLIED, REGARDING THE SERVICES AND ANY IMPLIED WARRANTIES ARISING FROM COURSE SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES. THERE IS NO WARRANTY THAT YOUR USE OF DEALING OR COURSE OF PERFORMANCE. WECOOK DOES NOT WARRANT THAT THE WECOOK WEBSITE OR ITS CONTENTS SERVICES WILL BE COMPLETEUNINTERRUPTED OR ERROR-FREE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION CONTAINED IN AND/OR ACCESSED THROUGH THE SERVICES OR AGAINST INFRINGEMENT. YOU ASSUME ALL RISKS OF THE USE, ACCURATERESULTS AND PERFORMANCE OF THE SERVICES. THE CREDIT UNION IS NOT LIABLE FOR ANY INDIRECT, TIMELY, UNINTERRUPTED, SECURE INCIDENTAL OR ERROR FREECONSEQUENTIAL DAMAGES, OR THAT DEFECTS WlLL BE CORRECTED. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION FOR LOSS OF CERTAIN WARRANTIES SO SOME PROFITS, REVENUE OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE ABOVE EXCLUSIONS POSSIBILITY OF THOSE DAMAGES. THE CREDIT UNION WILL NOT BE LIABLE FOR DIRECT DAMAGES EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. ANY LIABILITY the CREDIT UNION MAY HAVE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID THE CREDIT UNION UNDER THIS AGREEMENT FOR THE 30 CALENDAR DAYS PRIOR TO THE TIME THE CREDIT UNION INCURRED THE LIABILITY. YOU MAY NOT APPLY BRING ANY ACTION AGAINST THE CREDIT UNION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO YOUTHE CAUSE OF ACTION. To Some states/jurisdictions do not allow the extent permitted by applicable lawexclusion or limitation of incidental, WeCook warrantiesconsequential, indemnities and remedies (or other damages, so the above limitation or exclusion may not apply to you. Except to the extent there are any) set forth in these Terms and Conditions of Sale are exclusive and are in lieu of all other warranties, indemnities and remedies (or similar rights available under applicable law or otherwise), whether express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and noninfringement, all of which are expressly disclaimed. Also to the extent permitted prohibited by applicable lawbanking regulations, in under no event shall WeCook, its parent, its subsidiaries, its affiliates nor any circumstances will the total liability of its us or their directors, officers, employees, agents, our service providers, contractors, licensors, licensees, suppliers and successors have any liability, whether based in contract, delict, tort (including negligence), strict liability or otherwise, for incidental, indirect, consequential, special or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or providers to you in connection with the use, performance, failure, or interruption (as applicable) of the Products or the Service or the Account or any other service offered by WeCook Services or otherwise hereunder, whether foreseeable or not, and even if WeCook had been advised of the possibility of such damages. Where WeCook is found liable to pay any damages to you, WeCook’s total liability to you under the Terms and Conditions of Sale shall be limited to the actual amount paid by you for the Products and the Service for the last Order you placed through your Account. These limitations of liability will not be if the remedy provided fails its essential purposethis Agreement exceed $5,000.

Disclaimer of Warranty and Limitation of Liability. THE WECOOK WEBSITE, ITS CONTENTS, FUNCTIONS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THE WECOOK WEBSITE Other than as explicitly provided hereunder the Services and/or the Solution and any output thereof (INCLUDING THE PRODUCTS AND SERVICEincluding any output thereof) ARE PROVIDED ON AN are provided hereunder for the Purpose only “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW”, WECOOK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WECOOK DOES NOT WARRANT THAT THE WECOOK WEBSITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WlLL BE CORRECTED. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To without any warranties whatsoever concerning the extent permitted by applicable law, WeCook warranties, indemnities and remedies (to the extent there are any) set forth in these Terms and Conditions of Sale are exclusive and are in lieu of all other warranties, indemnities and remedies (or similar rights available under applicable law or otherwise), whether express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to implied warranties of merchantability, availabilityuse, performance, compatibility, fitness for a particular purpose, satisfactory qualitymerchantability, correspondence or non-infringement. Company expressly disclaims, and the Customer hereby expressly waives all other warranties of any kind whatsoever, express, implied, and statutory. Unless explicitly provided hereunder Company assumes no liability for the use of the Services and/or the Solution and any output provided hereunder. Except with description and noninfringement, all of which are expressly disclaimed. Also respect to the extent permitted by applicable lawCompany’s willful misconduct or fraudulent acts, in no event shall WeCook, its parent, its subsidiaries, its affiliates nor Company be liable to the Customer for any of its or their directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers and successors have any liability, whether based in contract, delict, tort (including negligence), strict liability or otherwise, for incidentaldirect, indirect, consequentialspecial, special exemplary, incidental, punitive or punitive damages of any kind, consequential loss or for damage (including but not limited to loss of revenue or anticipated profits, loss by reason of business or goodwillshutdown in operation, loss or corruption ofby reason of increased cost of operation, cost of cover, lost opportunity costs, or unauthorized access to, other indirect loss or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption (as applicabledamage) of the Products or the Service or the Account or any other service offered by WeCook or otherwise hereundernature from any cause, whether foreseeable or not, and even if WeCook had not the possibility of such damages has been advised disclosed to such party in advance or could have been reasonably foreseen by such party or such part was aware of the possibility of such damages. Where WeCook is found liable to pay any damages to youIN NO EVENT WILL COMPANY’S, WeCook’s total liability to you under the Terms and Conditions of Sale shall be limited to the actual amount paid by you for the Products and the Service for the last Order you placed through your AccountNOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDER, AND EMPLOYEES’ AGGREGATE LIABILITY TO CUSTOMER, EXCEED THE AMOUNTS OF THE FEE PAID BY CUSTOMER TO COMPANY IN RESPECT OF THE SERVICES DURING A PERIOD OF TWELVE (12) MONTHS PRECEDIGN SUCH CLAIM. These limitations of liability will not be if the remedy provided fails its essential purposeTHE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 14 SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR SENTRA’S PROVISION OF THE SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF SENTRA AND/OR ANY SENTRA AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES.

Disclaimer of Warranty and Limitation of Liability. 5.1. THE WECOOK WEBSITE, ITS CONTENTS, FUNCTIONS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THE WECOOK WEBSITE (INCLUDING THE PRODUCTS AND SERVICE) ARE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WECOOK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCEPURPOSE. WECOOK AGISOFT DOES NOT WARRANT THAT THE WECOOK WEBSITE SERVICE WILL MEET YOUR REQUIREMENTS OR ITS CONTENTS THAT OPERATION WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE UNINTERRUPTED OR ERROR FREE. AGISOFT MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR THAT DEFECTS WlLL BE CORRECTEDOTHER SUCH COMPUTER PROGRAM. ALL INFORMATION ON THE SITE IS SUBJECT AGISOFT FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO CHANGE WITHOUT NOTICEAUTHORIZED USERS OR TO ANY THIRD PARTY. 5.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To the extent permitted by applicable lawAgisoft shall not be liable for special, WeCook warrantiesindirect, indemnities and remedies incidental, consequential (to the extent there are any) set forth in these Terms and Conditions of Sale are exclusive and are in lieu of all other warranties, indemnities and remedies (or similar rights available under applicable law or otherwise), whether express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, includingincluding , but not limited to, lost profit or the loss of data or information of any kind, however caused, or failure of any licensed software to implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and noninfringement, all of which are expressly disclaimed. Also to the extent permitted by applicable law, work or perform in no event shall WeCook, its parent, its subsidiaries, its affiliates nor any of its way) or their directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers and successors have any liability, whether other damages based in contract, delict, tort (including negligence), strict liability or otherwise, for incidental, indirect, consequential, special or punitive damages of otherwise with respect to any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out claim on account of or in connection with arising from this User Agreement or use of or inability to use the useService, performance, failure, or interruption (as applicable) of the Products or the Service or the Account or any other service offered by WeCook or otherwise hereunder, whether foreseeable or not, and even if WeCook had Agisoft has been or is hereafter advised of the possibility of such damages. Where WeCook is found liable to pay any damages to you, WeCook’s In no event total liability to you under hereunder shall exceed the Terms and Conditions of Sale shall be limited to the actual amount paid by you for the Products and right to use the Service. Licensor does not indemnify you in any way against anything. 5.3. If you are dissatisfied with the Service for or any of Agisoft’s terms and conditions, your sole and exclusive remedy is to discontinue using the last Order Service. In addition, you placed through release Agisoft from any damages that you incur, and agree not to assert any claims against it, arising from your Account. These limitations use of liability will not be if the remedy provided fails its essential purposeService.

Disclaimer of Warranty and Limitation of Liability. THE WECOOK WEBSITE‌ IN NO EVENT (EXCEPT FOR FRAUD, ITS CONTENTSPERSONAL INJURY/DEATH CAUSED BY NEGLIGENCE, FUNCTIONS AND ALL INFORMATIONOR WILFUL MISCONDUCT) SHALL ODETTE BE LIABLE FOR ANY DIRECT OR INDIRECT, PRODUCTS AND SERVICES CONTAINED IN INCIDENTAL OR OFFERED THROUGH THE WECOOK WEBSITE CONSEQUENTIAL DAMAGES, (INCLUDING ANY LOSS OF PROFITS OR LOSS OF DATA) ARISING FROM OR IN CONNECTION WITH THE PRODUCTS AND SERVICE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAWUSE, WECOOK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIESDELIVERY, EXPRESS OR IMPLIEDLICENSE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PERFORMANCE OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE PERFORMANCE OF DEALING OR COURSE OF PERFORMANCE. WECOOK DOES NOT WARRANT THAT THE WECOOK WEBSITE OR ITS CONTENTS WILL BE COMPLETEDIGITAL CERTIFICATES, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREEDIGITAL SIGNATURES, OR THAT DEFECTS WlLL BE CORRECTED. ALL INFORMATION ANY OTHER TRANSACTIONS OR SERVICES OFFERED OR CONTEMPLATED BY THE CERTIFICATE PRACTICE STATEMENT (CPS), EXCEPT FOR DAMAGE DUE TO RELIANCE (IN ACCORDANCE WITH THE CPS) ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW VERIFIED INFORMATION AT THE EXCLUSION MOMENT OF CERTAIN WARRANTIES SO SOME ISSUANCE OF THE ABOVE EXCLUSIONS MAY DIGITAL CERTIFICATE IN A SECURE SERVER CERTIFICATE UP TO AN AMOUNT OF ONE EURO. XXXXXX WILL NOT APPLY BE LIABLE IN THIS CASE IF THE FAULT IN THIS VERIFIED INFORMATION IS DUE TO YOUFRAUD OR WILFUL MIDCONDUCT OF THE APPLICANT. To XXXXXX WILL NOT BE LIABLE IN THIS CASE IF THE USER HAS NOT RESPECTED HIS OBLIGATIONS MENTIONED AMONGST OTHERS IN ARTICLE 4 OF THIS AGREEMENT. 8 Term and Termination‌ This Agreement shall terminate on the extent permitted earliest of: The expiry date of the Digital Certificate; failure by applicable law, WeCook warranties, indemnities and remedies (Subscriber to the extent there are any) set forth in these Terms and Conditions of Sale are exclusive and are in lieu of all other warranties, indemnities and remedies (or similar rights available under applicable law or otherwise), whether express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and noninfringement, all of which are expressly disclaimed. Also to the extent permitted by applicable law, in no event shall WeCook, its parent, its subsidiaries, its affiliates nor perform any of its or their directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers and successors have any liability, whether based in contract, delict, tort material obligations under this Agreement if such breach is not cured within thirty (including negligence), strict liability or otherwise, for incidental, indirect, consequential, special or punitive damages 30) days after receipt of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption (as applicable) of the Products or the Service or the Account or any other service offered by WeCook or otherwise hereunder, whether foreseeable or not, and even if WeCook had been advised of the possibility of such damages. Where WeCook is found liable to pay any damages to you, WeCook’s total liability to you under the Terms and Conditions of Sale shall be limited to the actual amount paid by you for the Products and the Service for the last Order you placed through your Account. These limitations of liability will not be if the remedy provided fails its essential purposenotice thereof from ODETTE.

Disclaimer of Warranty and Limitation of Liability. THE WECOOK WEBSITEThe Licensed EMIP is provided to, ITS CONTENTSand is accepted by, FUNCTIONS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THE WECOOK WEBSITE (INCLUDING THE PRODUCTS AND SERVICE) ARE PROVIDED ON AN “Licensee ‘AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND’ without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WECOOK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WECOOK DOES NOT WARRANT THAT THE WECOOK WEBSITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WlLL BE CORRECTED. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To the extent permitted by applicable law, WeCook Philips expressly disclaims any and all warranties, indemnities and remedies (to the extent there are any) set forth in these Terms and Conditions of Sale are exclusive and are in lieu of all other warranties, indemnities and remedies (or similar rights available under applicable law or otherwise), whether express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to to, any implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory qualitynon-infringement, correspondence or that all problems in the Designated Equipment(s) will be diagnosed or corrected with description the use of the EMIP, or that the EMIP is error free. Except as otherwise prohibited by law, Licensee agrees to indemnify and noninfringementhold Philips, all harmless from any claims, losses, liabilities, damages, costs, penalties, fines and expenses, including, without limitation, reasonable attorneys’ fees, brought against, or suffered by, Philips arising directly or indirectly as a result of which are expressly disclaimed. Also the use of the Licensed EMIP, or properly maintain the Designated Equipment, by Licensee, except to the extent permitted by applicable lawdamage arise from the negligent act or omission of Philips. IN NO EVENT SHALL PHILIPS, in no event shall WeCookOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, its parentINCIDENTAL, its subsidiariesPUNITIVE, its affiliates nor any of its or their directorsSPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS LOSS OF REVENUE, officersLOSS OF BUSINESS OPPORTUNITY, employeesBUSINESS INTERRUPTION OR DAMAGE TO REPUTATION) IRRESPECTIVE OF WHETHER SUCH DAMAGES RESULT FROM CLAIMS BASED ON TORT (INCLUDING NEGLIGENCE), agentsWARRANTY, service providersCONTRACT, contractorsINDEMNITY, licensorsOR ANY OTHER LEGAL THEORY, licensees, suppliers and successors have any EVEN IF PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Philips’ total liability, whether based in contractif any, delict, tort (including negligence), strict liability or otherwise, for incidental, indirect, consequential, special or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption (as applicable) of the Products or the Service or the Account or any other service offered by WeCook or otherwise hereunder, whether foreseeable or not, and even if WeCook had been advised of the possibility of such damages. Where WeCook is found liable to pay any damages to you, WeCook’s total liability to you under the Terms and Conditions of Sale shall be limited to an amount not to exceed the actual amount paid by you License Fee payable for the Products and Licensed EMIP that is the Service basis for the last Order you placed through your Accountclaim. These limitations of liability will not be if the remedy provided fails its essential purposeTHIS LIMITATION SHALL NOT APPLY TO THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY PHILIPS’ NEGLIGENCE.

Disclaimer of Warranty and Limitation of Liability. THE WECOOK WEBSITEIIB makes no warranty of any kind, ITS CONTENTSexpressed or implied, FUNCTIONS AND ALL INFORMATIONin connection with the Service provided to you under this Agreement. We do not and cannot warrant that the Service will operate without errors or will be avai lable and operational at all times. Except as specifically provided in this Agreement or where the law requires a different standard, PRODUCTS AND SERVICES CONTAINED IN you agree that neither we, nor the service providers, shall be responsible for any loss, property damage, or bodily injur y whether caused by the equipment, software, IIB, Internet browser providers, Internet access providers, online service providers, or by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special, consequential, economic, or other damages, including those arising in any way out of the installation, use, or maintenance of the equipment, software, online financial services, or Internet browser or access software. EXCEPT AS SPECIFIED ABOVE OR OFFERED THROUGH THE WECOOK WEBSITE (INCLUDING THE PRODUCTS AND SERVICE) ARE AS MAY OTHERWISE BE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WECOOK EXPRESSLY DISCLAIMS IIB SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION IN CONNECTION WITH THE SERVICE, AND IIB’S CUMULATIVE LIABILITY IN ANY ONE CALENDAR YEAR, SHOULD IT BE FOUND TO EXIST NOTWITHSTANDING THIS PROVISION, SHALL NOT EXCEED THE FEES YOU HAVE PAID FOR THE SERVICE(S) IN THAT CALENDAR YEAR. IIB HEREBY DISCLAIMS, FOR ITSELF AND/OR ANY OTHER SERVICE PROVIDER, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR EITHER EXPRESSED, IMPLIED, INCLUDING WITHOUT LIMITATIONOR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WECOOK DOES NOT WARRANT THAT THE WECOOK WEBSITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREEPURPOSE, OR THAT DEFECTS WlLL LACK OF VIRUSES. IN NO EVENT SHALL IIB OR ANY OTHER SERVICE PROVIDER BE CORRECTED. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To the extent permitted by applicable lawLIABLE FOR (1) DAMAGES CAUSED OTHER THAN BY ITS OWN GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OR (2) INDIRECT, WeCook warrantiesSPECIAL, indemnities and remedies (to the extent there are any) set forth in these Terms and Conditions of Sale are exclusive and are in lieu of all other warrantiesINCIDENTAL, indemnities and remedies (or similar rights available under applicable law or otherwise), whether express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and noninfringement, all of which are expressly disclaimed. Also to the extent permitted by applicable law, in no event shall WeCook, its parent, its subsidiaries, its affiliates nor any of its or their directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers and successors have any liability, whether based in contract, delict, tort (including negligence), strict liability or otherwise, for incidental, indirect, consequential, special or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption (as applicable) of the Products or the Service or the Account or any other service offered by WeCook or otherwise hereunder, whether foreseeable or not, and even if WeCook had been advised of the possibility of such damages. Where WeCook is found liable to pay any damages to you, WeCook’s total liability to you under the Terms and Conditions of Sale shall be limited to the actual amount paid by you for the Products and the Service for the last Order you placed through your Account. These limitations of liability will not be if the remedy provided fails its essential purposeOR CONSEQUENTIAL DAMAGES.

Disclaimer of Warranty and Limitation of Liability. THE WECOOK WEBSITESAAS SERVICE, ITS CONTENTSAS WELL AS ANY COMPANY TECHNOLOGY RESIDING THEREIN, FUNCTIONS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THE WECOOK WEBSITE (INCLUDING THE PRODUCTS AND SERVICE) ARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WECOOK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WARRANTY (WHETHER EXPRESS OR IMPLIED, IMPLIED - INCLUDING WITHOUT LIMITATION, WARRANTIES BUT NOT LIMITED TO ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NON-INFRINGEMENT INFRINGEMENT) OR ANY OTHER LIABILITY TO COMPANY, INCLUDING WITHOUT LIMITATION, NO LIABILITY FOR CONSEQUENTIAL, INDIRECT, CONTINGENT, OR SPECIAL DAMAGES, LOST PROFITS FOR SEQUENCE, ACCURACY OR COMPLETENESS OF DATA OR THAT IT WILL MEET THE END USER’S REQUIREMENTS, EVEN IF COMPANY OR ANY OF ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. END USER ASSUMES THE ENTIRE RISK OF USING THE SAAS SERVICE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE COMPANY TECHNOLOGY THEREIN. IN NO EVENT, SHALL COMPANY BE LIABLE TO END USER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR CONTINGENT DAMAGES INCLUDING LOSS OF DEALING OR COURSE OF PERFORMANCE. WECOOK DOES NOT WARRANT THAT THE WECOOK WEBSITE OR ITS CONTENTS WILL BE COMPLETEPROFITS, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WlLL BE CORRECTED. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME EVEN IF COMPANY HAS BEEN ADVISED OF THE ABOVE EXCLUSIONS MAY NOT POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO YOU. To the extent permitted by applicable lawWHETHER IN AN ACTION BASED ON CONTRACT, WeCook warranties, indemnities and remedies (to the extent there are any) set forth in these Terms and Conditions of Sale are exclusive and are in lieu of all other warranties, indemnities and remedies (or similar rights available under applicable law or otherwise), whether express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and noninfringement, all of which are expressly disclaimed. Also to the extent permitted by applicable law, in no event shall WeCook, its parent, its subsidiaries, its affiliates nor any of its or their directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers and successors have any liability, whether based in contract, delict, tort (including negligence), strict liability or otherwise, for incidental, indirect, consequential, special or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption (as applicable) of the Products or the Service or the Account or any other service offered by WeCook or otherwise hereunder, whether foreseeable or not, and even if WeCook had been advised of the possibility of such damages. Where WeCook is found liable to pay any damages to you, WeCook’s total liability to you under the Terms and Conditions of Sale shall be limited to the actual amount paid by you for the Products and the Service for the last Order you placed through your Account. These limitations of liability will not be if the remedy provided fails its essential purposeTORT OR ANY OTHER THEORY.

Disclaimer of Warranty and Limitation of Liability. THE WECOOK WEBSITEIIB makes no warranty of any kind, ITS CONTENTSexpressed or implied, FUNCTIONS AND ALL INFORMATIONin connection with the Service provided to you under this Agreement. We do not and cannot warrant that the Service will operate without errors or will be available and operational at all times. Except as specifically provided in this Agreement or where the law requires a different standard, PRODUCTS AND SERVICES CONTAINED IN you agree that neither we, nor the service providers, shall be responsible for any loss, property damage, or bodily injury whether caused by the equipment, software, IIB, internet browser providers, internet access providers, online service providers, or by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special, consequential, economic, or other damages arising in any way out of the installation, use, or maintenance of the equipment, software, online financial services, or Internet browser or access software. EXCEPT AS SPECIFIED ABOVE OR OFFERED THROUGH THE WECOOK WEBSITE (INCLUDING THE PRODUCTS AND SERVICE) ARE AS MAY OTHERWISE BE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WECOOK EXPRESSLY DISCLAIMS IIB SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION IN CONNECTION WITH THE SERVICE, AND IIB’S CUMULATIVE LIABILITY IN ANY ONE CALENDAR YEAR, SHOULD IT BE FOUND TO EXIST NOTWITHSTANDING THIS PROVISION, SHALL NOT EXCEED THE FEES YOU HAVE PAID FOR THE SERVICE(S) IN THAT CALENDAR YEAR. IIB HEREBY DISCLAIMS, FOR ITSELF AND/OR ANY OTHER SERVICE PROVIDER, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR EITHER EXPRESSED, IMPLIED, INCLUDING WITHOUT LIMITATIONOR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WECOOK DOES NOT WARRANT THAT THE WECOOK WEBSITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREEPURPOSE, OR THAT DEFECTS WlLL LACK OF VIRUSES. IN NO EVENT SHALL IIB OR ANY OTHER SERVICE PROVIDER BE CORRECTEDLIABLE FOR (1) DAMAGES CAUSED OTHER THAN BY ITS OWN GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OR (2) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICEThank you for using the Mobile Money Services (“Services”) and any related Software (“Software”) provided by Idaho Independent Bank (“Financial Institution”) combined with your handheld device's text messaging capabilities. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To By participating in the extent permitted by applicable lawServices or using the Software, WeCook warranties, indemnities and remedies (you are agreeing to the extent there are any) set forth following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying Electronic Banking and Xxxx Pay services of which the Service is a part. Financial Institution in its discretion may modify these Terms and Conditions of Sale are exclusive and are in lieu of all other warranties, indemnities and remedies (or similar rights available under applicable law or otherwise), whether express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and noninfringement, all of which are expressly disclaimedat any time. Also to the extent permitted by applicable law, in no event shall WeCook, its parent, its subsidiaries, its affiliates nor any of its or their directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers and successors have any liability, whether based in contract, delict, tort (including negligence), strict liability or otherwise, for incidental, indirect, consequential, special or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption (as applicable) of the Products or the Service or the Account or any other service offered by WeCook or otherwise hereunder, whether foreseeable or not, and even if WeCook had been advised of the possibility of such damages. Where WeCook is found liable to pay any damages to you, WeCook’s total liability to you under the Terms and Conditions of Sale shall be limited to the actual amount paid by you for the Products and the Service for the last Order you placed through your Account. These limitations of liability will not be if the remedy provided fails its essential purposeStandard messaging charges apply.