Common use of Disclaimers and Limitations of Liability Clause in Contracts

Disclaimers and Limitations of Liability. COUNTY, BY AND THROUGH PICTOMETRY AND/OR XXXXXXX, IS PROVIDING THE SYSTEM AND DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON- INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE SYSTEM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS TO THE SYSTEM, THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM IS FREE OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errors, omissions, delay or interruptions, including but not limited to

Disclaimers and Limitations of Liability. COUNTYEXCEPT AS EXPRESSLY STATED HEREIN, BEST BUY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY AND THROUGH PICTOMETRY AND/OR XXXXXXXLAW, IS PROVIDING WITH RESPECT TO THE SYSTEM AND DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO GIFT CARDS, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, NO WARRANTY OF NON- PURPOSE AND NON-INFRINGEMENT, NO WARRANTY REGARDING THE . PURCHASER EXPRESSLY AGREES THAT USE OF THE INFORMATION GIFT CARDS IS AT PURCHASER’S SOLE RISK. THE GIFT CARDS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM BEST BUY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE RESULTS THEREOF AND NO OTHER WARRANTY EXCLUSION OF ANY KINDCERTAIN WARRANTIES, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE SO SOME OF THE SYSTEM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS ABOVE EXCLUSIONS MAY NOT APPLY. PURCHASER AGREES THAT TO THE SYSTEMFULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SYSTEM BEST BUY WILL NOT BE UNINTERRUPTED OR ERROR FREELIABLE FOR ANY INDIRECT, THAT DEFECTS WILL BE CORRECTEDINCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INVESTMENT OR OTHER SUCH DAMAGES ATTRIBUTABLE TO PURCHASER’S USE OF THE GIFT CARDS PURCHASED HEREUNDER, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER AFFIRMATIVELY RELEASES BEST BUY, ITS AFFILIATES AND PARENT COMPANIES FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE RESULTING FROM ANY AND ALL CLAIMS RELATING TO THE GIFT CARDS. IF A COURT OF COMPETENT JURISDICTION FINDS THAT BEST BUY IS LIABLE FOR DAMAGES, SUCH DAMAGES SHALL BE LIMITED TO NO MORE THAN THE SYSTEM IS FREE OF HARMFUL CODETOTAL AMOUNT BEST BUY CHARGED PURCHASER FOR THE GIFT CARDS. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY Best Buy will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject delays in delivery of Gift Cards due to errorscircumstances beyond its reasonable control including, omissions, delay or interruptions, including but not limited to, acts of God, military operation, catastrophic events directly related to terrorist activity, national emergency, fire, flood, product unavailability, carrier delays, labor disruptions, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Best Buy are estimates only.

Disclaimers and Limitations of Liability. COUNTY10.1. THE SERVICE EXCHANGE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SLA CREDITS ARE YOUR SOLE MONETARY REMEDY AND OUR SOLE LIABILITY WITH RESPECT TO UNAVAILABILITY OR OTHER SLA PERFORMANCE ISSUES RELATING TO THE SERVICE EXCHANGE SERVICES. WE AND OUR AFFILIATES, BY SUPPLIERS AND THROUGH PICTOMETRY AND/LICENSORS MAKE NO REPRESENTATIONS OR XXXXXXX, IS PROVIDING THE SYSTEM AND DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON- INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY WARRANTIES OF ANY KIND, EXPRESS WHETHER EXPRESS, IMPLIED, STATUTORY OR IMPLIED. WITHOUT LIMITING OTHERWISE REGARDING THE FOREGOINGSERVICE EXCHANGE SERVICES, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE SYSTEM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS TO THE SYSTEM, INCLUDING ANY WARRANTY THAT THE SYSTEM SERVICE EXCHANGE SERVICES WILL BE UNINTERRUPTED UNINTERRUPTED, ERROR FREE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTEDFREE OF HARMFUL COMPONENTS, OR THAT THE SYSTEM IS FREE OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME ANY DATA WILL BE CORRECTEDSECURE OR NOT OTHERWISE LOST OR DAMAGED, OR THAT ANY THIRD PARTY WILL CONTINUE TO SUPPORT CONNECTIVITY OR YOU. USER fully understands and agrees that (i) the Delivered Content is provided by third-partiesEXCEPT TO THE EXTENT PROHIBITED BY LAW, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errorsWE AND OUR AFFILIATES, omissionsSUPPLIERS, delay or interruptionsAND LICENSORS DISCLAIM ALL WARRANTIES, including but not limited toINCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

Disclaimers and Limitations of Liability. COUNTYEXCEPT FOR A BREACH OF CONFIDENTIALITY OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR LOST PROFITS OR REVENUE, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, CONSEQUENTIAL, RELIANCE, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. EXCEPT FOR ANY UNAUTHORIZED USE OR EXPLOITATION BY AND THROUGH PICTOMETRY AND/OR XXXXXXX, IS PROVIDING THE SYSTEM AND DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON- INFRINGEMENT, NO WARRANTY REGARDING THE USE A PARTY OF THE INFORMATION OTHER PARTY’S INTELLECTUAL PROPERTY OR A FAILURE TO COMPLY WITH CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT, WITH RESPECT TO EACH RESELLER UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER OF NETSUITE’S OR THE RESULTS THEREOF RESELLER’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNTS PAID BY THE PARTICULAR RESELLER TO NETSUITE UNDER THIS AGREEMENT. NETSUITE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURE TO COMPLETE DEVELOPMENT IF NETSUITE USED ITS COMMERCIALLY REASONABLE EFFORTS TO PERFORM THE DEVELOPMENT TO THE EXTENT REQUIRED IN THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NO OTHER WARRANTY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE SYSTEM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS TO THE SYSTEM, THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM IS FREE OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errors, omissions, delay or interruptions, including but not limited toLIMITED REMEDY STATED HEREIN.

Disclaimers and Limitations of Liability. COUNTYThis Site may include technical inaccuracies or other errors, BY and your use and browsing of this Site is at your risk. THIS SITE AND THROUGH PICTOMETRY AND/OR XXXXXXX, IS PROVIDING THE SYSTEM AND DELIVERED CONTENT ARE PROVIDED ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY"AS IS" AND "AS AVAILABLE" BASIS, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON- INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WITHOUT WARRANTY OF ANY KIND, EXPRESS EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PUL DOES NOT WARRANT THAT THIS SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE, CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, PUL DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AVAILABLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND PUL IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. YOUR USE OF THIS SITE AND THE CONTENT IS AT YOUR OWN RISK. IF YOUR USE OF THIS SITE OR THE CONTENT CONTAINED ON THIS SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, YOU ARE SOLELY RESPONSIBLE THEREFOR AND PUL WILL NOT BE LIABLE FOR THOSE COSTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COUNTY DOES UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT WARRANT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL PUL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE PERFORMANCE SITE EVEN IF ADVISED OF THE SYSTEM POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS SITE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR RELATED AND NECESSARY COMMUNICATIONS LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR CONNECTIONS INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PUL BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SYSTEMSITE (INCLUDING, THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREEWITHOUT LIMITATION, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM IS FREE OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USERANY SUBMITTED MATERIALS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COUNTY DOES NOT WARRANT IN NO EVENT SHALL PUL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (IF ANY) EXCEED, IN THE ACCURACYAGGREGATE, COMPLETENESS OR TIMELINESS THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SAME WILL BE CORRECTEDSITE. USER fully understands and agrees that (i) Residents of California are entitled to the Delivered Content is provided following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by third-partiesmail at 000 X Xx., including but not limited Xxxxx 0000, Xxxxxxxxxx, Xxxxxxxxxx, 00000, or by telephone at 000.000.0000. California residents expressly agree to Pictometry and/or Xxxxxxx; and (ii) COUNTY waive California Civil Code Sec. 1542, which states: "A general release does not directly control and is extend the claims which the creditor does not responsible for know or suspect to exist in his favor at the Delivered Content. USER fully understands and agrees that time of executing the Delivered Content is subject to errorsrelease, omissions, delay or interruptions, including but not limited towhich if known by him must have materially affected his settlement with the debtor."

Disclaimers and Limitations of Liability. COUNTY, BY THE APPLICATION IS PROVIDED “AS IS,” “AS AVAILABLE,” AND THROUGH PICTOMETRY AND/OR XXXXXXX, IS PROVIDING THE SYSTEM AND DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON- INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WHICH WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING YOU ACKNOWLEDGE THE FOREGOINGAPPLICATION MAY NOT MEET YOUR REQUIREMENTS, COUNTY DOES MAY NOT WARRANT BE SECURE, THAT THE OPERATION OF THE APPLICATION MAY BE INTERRUPTED, THAT ERRORS MAY NOT BE CORRECTED, AND THAT THE APPLICATION MAY BE INCOMPATIBLE WITH CERTAIN INFORMATION SYSTEMS. COMPANY IS NOT RESPONSIBLE FOR ANY SOFTWARE INSTALLED OR USED BY YOU OR BY THIRD PARTY USERS OR FOR THE OPERATION OR PERFORMANCE OF THE SYSTEM INTERNET. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, TRANSMISSION OF MALICIOUS PROGRAMS OR CODE, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION (INCLUDING ANY SUPPORT SERVICES), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND NECESSARY COMMUNICATIONS EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES EXCEED THE LESSER OF (I) THE AMOUNT OF THE LICENSE FEES PAID FOR THE APPLICATION OR CONNECTIONS (II) $100.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. ANY AND ALL CAUSES OF ACTION OR CLAIMS YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO THE SYSTEMAPPLICATION MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THAT THE SYSTEM WILL BE UNINTERRUPTED SUCH CAUSE OF ACTION OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM CLAIM IS FREE OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errors, omissions, delay or interruptions, including but not limited toPERMANENTLY BARRED.

Disclaimers and Limitations of Liability. COUNTYThe limited remedies described herein are the sole and exclusive remedy and Seller’s sole responsibility under this Limited Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BY AND THROUGH PICTOMETRY AND/EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, SELLER MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR XXXXXXXWARRANTIES OF ANY KIND, IS PROVIDING THE SYSTEM AND DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NO WARRANTY OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USEPURPOSE, NO WARRANTY OF NON- TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS AND LIMITATIONS. IN SUCH AN EVENT, SUCH EXCLUSION AND LIMITATION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND THE DURATION OF ANY IMPLIED WARRANTIES WILL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO WARRANTY REGARDING EVENT WILL SELLER, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF, BASED ON, OR RESULTING FROM THIS LIMITED WARRANTY, OR THE USE OF, MISUSE OF, OR INABILITY TO USE THE GOODS, EVEN IF SELLER (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS) HAVE BEEN ADVISED OF THE INFORMATION POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES), AND SELLER’S (AND ITS AFFILIATES’ AND ITS AND THEIR OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’, CONTRACTORS’, SUPPLIERS’, AND LICENSORS’) TOTAL CUMULATIVE LIABILITY ARISING OUT OF, BASED ON, OR RESULTING FROM THIS LIMITED WARRANTY OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE SYSTEM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS GOODS IS LIMITED TO THE SYSTEM, THAT AMOUNT ACTUALLY PAID FOR THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT GOODS BY THE SYSTEM IS FREE OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errors, omissions, delay or interruptions, including but not limited toBUYER.

Disclaimers and Limitations of Liability. COUNTYTHIS PROGRAM AND ANY APPSTORE MATERIALS ARE PROVIDED “AS IS.” WE WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA OR CONTENT, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR LIABILITY HEREUNDER EXCEED THE AMOUNT OF FEES DUE AND PAYABLE TO DEVELOPER UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING SUCH CLAIM. WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY AND THROUGH PICTOMETRY AND/OR XXXXXXXON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT OR THIS PROGRAM OR APPSTORE MATERIALS, IS PROVIDING ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE SYSTEM AND DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USEPURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT ENSURE THAT CONTENT SUBMITTED BY OR ON BEHALF OF YOU WILL BE PROTECTED FROM THEFT OR MISUSE, AND WE WILL HAVE NO WARRANTY OF NON- INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY LIABILITY ARISING FROM A FAILURE OF ANY KIND, EXPRESS SECURITY TECHNOLOGY OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE PROCEDURE OR OF THE SYSTEM ANY END USER TO COMPLY WITH ANY TERMS OF USE REGARDING THIS PROGRAM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS TO THE SYSTEM, THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM IS FREE OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errors, omissions, delay or interruptions, including but not limited toOTHERWISE.

Disclaimers and Limitations of Liability. COUNTY, BY AND THROUGH PICTOMETRY AND/OR XXXXXXX, IS PROVIDING CAA accepts no responsibility for the opinions and information posted on the Listservs by others. YOU ACKNOWLEDGE THAT THE SYSTEM AND DELIVERED CONTENT LISTSERVS ARE PROVIDED TO YOU ON AN AS-IS BASIS "AS IS, WITH NO SUPPORT WHATSOEVERALL FAULTS" BASIS. THERE IS NO CAA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NO ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OF FITNESS LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. CAA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR PARTICULAR USEANY LOSS, NO WARRANTY OF NON- INFRINGEMENTDAMAGE, NO WARRANTY REGARDING LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF OR PARTICIPATION IN THE INFORMATION LISTSERVS OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ITS CONTENT. YOU ALSO AGREE THAT CAA SHALL NOT IN ANY KINDEVENT BE LIABLE FOR ANY SPECIAL, EXPRESS INCIDENTAL OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE CONSEQUENTIAL DAMAGES ARISING OUT OF THE SYSTEM USE OF OR RELATED AND NECESSARY COMMUNICATIONS INABILITY TO USE THE LISTSERVS FOR ANY PURPOSE WHATSOEVER, EVEN IF CAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR CONNECTIONS ARISE ANY LIABILITY ON THE PART OF CAA BY VIRTUE OF THIS AGREEMENT OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE SYSTEMNEGLIGENCE OF CAA OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO $100.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT THE SYSTEM CAA WILL BE UNINTERRUPTED USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR ERROR FREE, THAT DEFECTS WILL BE CORRECTEDPROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR THAT ARE PASSED THROUGH THE SYSTEM IS FREE LISTSERVS. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD CAA HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS. THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errors, omissions, delay or interruptions, including but not limited toTHIS AGREEMENT.

Disclaimers and Limitations of Liability. COUNTYEXCEPT FOR A BREACH OF CONFIDENTIALITY OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR LOST PROFITS OR REVENUE, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, CONSEQUENTIAL, RELIANCE, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. EXCEPT FOR ANY UNAUTHORIZED USE OR EXPLOITATION BY AND THROUGH PICTOMETRY AND/OR XXXXXXX, IS PROVIDING THE SYSTEM AND DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON- INFRINGEMENT, NO WARRANTY REGARDING THE USE A PARTY OF THE INFORMATION OTHER PARTY’S INTELLECTUAL PROPERTY OR A FAILURE TO COMPLY WITH CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT, WITH RESPECT TO EACH RESELLER UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER OF NETSUITE’S, NETSUITE KK’S, OR THE RESULTS THEREOF RESELLER’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNTS PAID BY THE PARTICULAR RESELLER TO NETSUITE AND NETSUITE KK UNDER THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NETSUITE AND NETSUITE KK SHALL HAVE NO OTHER WARRANTY LIABILITY OR RESPONSIBILITY FOR ANY FAILURE TO COMPLETE DEVELOPMENT IF NETSUITE USED ITS COMMERCIALLY REASONABLE EFFORTS TO PERFORM THE DEVELOPMENT TO THE EXTENT REQUIRED IN THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NETSUITE AND NETSUITE KK SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO THE COMPANY DUE TO ANY DIFFERENCES BETWEEN THIS AGREEMENT AND THE DEVELOPMENT FUND AGREEMENT TO WHICH TRANSCOSMOS, INC. IS A PARTY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE SYSTEM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS TO THE SYSTEM, THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM IS FREE OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errors, omissions, delay or interruptions, including but not limited toLIMITED REMEDY STATED HEREIN.

Disclaimers and Limitations of Liability. COUNTYYOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE, BY THE CREDIT REPORTS, AND THROUGH PICTOMETRY AND/OR XXXXXXX, CONTENT IS PROVIDING AT YOUR SOLE RISK. ALL CREDIT REPORTS (AND THE SYSTEM AND DELIVERED CONTENT INFORMATION CONTAINED THEREIN) ARE PROVIDED ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER“AS IS” OR “AS AVAILABLE” BASIS. THERE IS NO WARRANTY CREDCO, FAMS AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THIS WEB SITE, OR THE CREDIT REPORTS DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. CREDCO, FAMS AND THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTY OF FITNESS FOR PARTICULAR USEOR REPRESENTATION THAT (I) THE CREDIT REPORTS (AND THE INFORMATION CONTAINED THEREIN) ARE ACCURATE, NO WARRANTY OF NON- INFRINGEMENTCOMPLETE OR VALID, NO WARRANTY REGARDING (II) THE CREDIT REPORTS WILL BE DELIVERED IN A TIMELY FASHION, (III) THE CREDIT REPORTS WILL BE DELIVERED ON AN UNINTERRUPTED BASIS OR BE ERROR-FREE; AND (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFORMATION CREDIT REPORTS WILL BE RELIABLE. YOU UNDERSTAND AND AGREE THAT CREDCO, FAMS AND THEIR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE WEBSITE, OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KINDCREDIT REPORTS, EXPRESS EVEN IF CREDCO, FAMS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE THEIR SUPPLIERS HAVE BEEN ADVISED OF THE SYSTEM POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR RELATED AND NECESSARY COMMUNICATIONS PLACE RESTRICTIONS UPON THE EXCLUSION OR CONNECTIONS LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE SYSTEMMAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON CREDCO OR FAMS, THEN YOU AGREE THAT CREDCO’S AND FAMS’S TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM FAMS’S OR CREDCO’S ACTS OR OMISSIONS, REGARDLESS OF THE SYSTEM WILL BE UNINTERRUPTED NATURE OF THE LEGAL OR ERROR FREEEQUITABLE CLAIM, THAT DEFECTS WILL BE CORRECTEDSHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE CREDIT REPORT TO WHICH YOUR CLAIM RELATES. NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT FAMS/Credco offers access to your Credit Report and other credit information. Neither FAMS nor Credco are credit repair organizations, OR THAT THE SYSTEM IS FREE OF HARMFUL CODEand are not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. USER fully understands You acknowledge and agrees agree that (i) you are not seeking to purchase, use or access any of the System Credit Reports, the Website or content in order to do so. Accurate adverse information in your Credit Report cannot be changed. If you believe that your Credit Report contains inaccurate, non-fraudulent information, it is subject your responsibility to errorscontact the relevant Repository, omissionsand follow the appropriate procedures for notifying the Repository that you believe that your Credit Report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various Repositories related to the removal of inaccurate, delays or interruptions; non-fraudulent information is provided without charge to you and (ii) COUNTYis available for free. These terms and conditions, the Privacy Policy, and other policies Credco/FAMS may post to this Website, constitute the entire agreement between Credco/FAMS and you in connection with your use of the Credit Reports, and supersede any prior versions of the terms and conditions, if applicable. Credco/FAMS may update these terms and conditions from time to time by posting revised terms and through Pictometry conditions on this Web Site, without notice to you, and your subsequent use of the Web Site is governed by those new terms and conditions. The terms and conditions are effective until terminated by Credco and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s accessFAMS. In any such eventthe event of termination, the COUNTY Disclaimers and Limitations of Liability provisions set forth in these Terms and Conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in this Website, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not be liable affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect. Privacy Policy Notice Credco’s/FAMS’s policy on how your personal information is used and disclosed is contained in Credco’s/FAM’s Privacy Policy. The Credit Reports provided under these Terms and Conditions are web-based and you agree to accept this notification, revisions, and the cost provision of such changes, damages or other liability which may be sustained by USERan annual notice electronically through this Website. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errors, omissions, delay or interruptions, including but not limited toLEGAL NOTICE

Disclaimers and Limitations of Liability. COUNTYTHE SERVICE AND THE CONTENT ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS AND ALL CONDITIONS, BY REPRESENTATIONS AND THROUGH PICTOMETRY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR XXXXXXXUP-TO-DATE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY (INCLUDING ITS AFFILIATES, IS PROVIDING THE SYSTEM DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVERITS LICENSORS. THERE IS NO WARRANTY OF MERCHANTABILITYWARRANTY, NO WARRANTY OF FITNESS FOR PARTICULAR USEREPRESENTATION, NO WARRANTY OF NON- INFRINGEMENTOR GUARANTEE THAT THE SERVICE, NO WARRANTY REGARDING THE OR YOUR USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KINDSERVICE, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE SYSTEM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS TO THE SYSTEM, THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT DEFECTS ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SYSTEM SERVICE, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE OF VIRUSES OR OTHER HARMFUL CODECOMPONENTS. USER fully understands and agrees that (i) the System is subject to errorsWE DO NOT WARRANT, omissionsGUARANTEE, delays or interruptions; and (ii) COUNTYOR MAKE ANY REPRESENTATION REGARDING THE USE OF, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING OR THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS RESULTS OF THE DELIVERED CONTENT USE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, AND YOUR RELIANCE THEREON. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE. NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER THE COMPANY NOR DOES COUNTY WARRANT ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICE, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT DEFECTS YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY IN CONNECTION WITH THE SERVICE IN THE SAME 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. NEITHER THE COMPANY NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL BE CORRECTED. USER fully understands and agrees that HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES, OR OTHER LIABILITY INCURRED BY YOU (iA) the Delivered Content is provided by third-partiesAS A RESULT OF ANY INACCURACY, including but not limited to Pictometry and/or Xxxxxxx; and INCOMPLETENESS, OR MISREPRESENTATION OF ANY INFORMATION, OFFER, CONTENT, OR SUBMISSIONS PROVIDED OR POSTED ON THE SERVICE BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION MEETING SPACE PROVIDERS, OR (iiB) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errors, omissions, delay or interruptions, including but not limited toARISING FROM OR RELATED TO ANY THIRD PARTY CONTRACT.

Disclaimers and Limitations of Liability. COUNTYTHE SOFTWARE AND ASSOCIATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. CHIROFUSION SPECIFICALLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING, BY BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND THROUGH PICTOMETRY AND/OR XXXXXXX, IS PROVIDING THE SYSTEM AND DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USEPURPOSE WITH RESPECT TO THE SOFTWARE, NO WARRANTY OPERATION OF NON- INFRINGEMENTTHE SOFTWARE, NO WARRANTY REGARDING THE ANY PARTICULAR APPLICATION OR USE OF THE INFORMATION SOFTWARE, AND THE SERVICES PROVIDED BY CHIROFUSION. CHIROFUSION MAKES NO WARRANTY (I) THAT THE SOFTWARE AND ASSOCIATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS FREE; OR (II) REGARDING ANY THIRD PARTY SOFTWARE, SERVICES, WEBSITES OR TOOLS INCORPORATED INTO THE RESULTS THEREOF AND SOFTWARE. IN NO OTHER WARRANTY EVENT SHALL CHIROFUSION BE HELD LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR LIABILITIES ASSOCIATED WITH (I) CHIROFUSION’S INABILITY TO PERFORM ANY OR ALL OF THE SERVICES DUE TO IMPROPERLY FORMATTED OR CORRUPT FILES, VIRUSES OR INCOMPATIBILITY; (II) HUMAN OR MACHINE ERRORS, OMISSIONS, LOSSES OF SUBSCRIBER DATA, DELAYS IN TRANSMISSION OF CLAIMS, OR DAMAGE TO SUBSCRIBER DATA OR MEDIA; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY KINDSUBSCRIBER DATA, EXPRESS ELECTRONIC TRANSMISSIONS OR IMPLIEDTRANSACTIONS INITIATED, RECEIVED BY OR THROUGH THE SOFTWARE; (IV) ANY THIRD PARTY SOFTWARE, WHETHER OR NOT SUCH THIRD PARTY SOFTWARE IS INCORPORATED INTO THE SOFTWARE OR SOLD TO SUBSCRIBER BY CHIROFUSION; OR (V) ANY “HYPERLINKS” TO THIRD PARTY SITES THAT ARE PROVIDED WITHIN THE SOFTWARE. WITHOUT LIMITING THE FOREGOINGTo the extent not prohibited by applicable law, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE SYSTEM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS TO THE SYSTEM, THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM IS FREE OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-partiesunder no circumstances, including but not limited to Pictometry and/or Xxxxxxx; negligence, shall we, our subsidiaries, affiliates or licensors, be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages that arise from the use, inability to use, or the results of use of the Software, our services or any part of our site. In no event shall our total liability to you for all damages, losses, and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errorscauses of action, omissionswhether in contract, delay tort, or interruptionsotherwise, including but not limited toto negligence, exceed one hundred dollars ($100).

Disclaimers and Limitations of Liability. COUNTY, BY AND THROUGH PICTOMETRY AND/OR XXXXXXX, IS PROVIDING ACLEA accepts no responsibility for the opinions and information posted on the Listservs by others. YOU ACKNOWLEDGE THAT THE SYSTEM AND DELIVERED CONTENT LISTSERVS ARE PROVIDED TO YOU ON AN AS-IS BASIS "AS IS, WITH NO SUPPORT WHATSOEVERALL FAULTS" BASIS. THERE IS NO ACLEA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IM- PLIED WARRANTY OF MERCHANTABILITY, NO ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NONINFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OF FITNESS LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ACLEA SHALL NOT BE LI- ABLE TO YOU OR ANY THIRD PARTY FOR PARTICULAR USEANY LOSS, NO WARRANTY OF NON- INFRINGEMENTDAMAGE, NO WARRANTY REGARDING LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF OR PARTICIPATION IN THE INFORMATION LISTSERVS OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ITS CONTENT. YOU ALSO AGREE THAT ACLEA SHALL NOT IN ANY KINDEVENT BE LIABLE FOR ANY SPECIAL, EXPRESS INCIDENTAL OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE CON- SEQUENTIAL DAMAGES ARISING OUT OF THE SYSTEM USE OF OR RELATED AND NECESSARY COMMUNICATIONS INABILITY TO USE THE LISTSERVS FOR ANY PUR- POSE WHATSOEVER, EVEN IF ACLEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITH- STANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR CONNECTIONS ARISE ANY LIABILITY ON THE PART OF ACLEA BY VIRTUE OF THIS AGREEMENT OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE SYSTEMNEGLIGENCE OF ACLEA OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO $100.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLU- SIVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT THE SYSTEM ACLEA WILL BE UNINTERRUPTED USE REASONABLE EFFORTS TO ASSURE THAT NO VI- RUSES OR ERROR FREE, THAT DEFECTS WILL BE CORRECTEDPROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR THAT ARE PASSED THROUGH THE SYSTEM IS FREE LISTSERVS. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD ACLEA HARMLESS) FOR DETECT- ING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIP- MENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS. THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errors, omissions, delay or interruptions, including but not limited toTHIS AGREEMENT.

Disclaimers and Limitations of Liability. COUNTYTO THE EXTENT PERMITTED BY APPLICABLE LAW, BY ALL INFORMATION, SERVICES, AND MATERIALS AVAILABLE THROUGH PICTOMETRY AND/OR XXXXXXX, IS PROVIDING THE SYSTEM AND DELIVERED CONTENT PATIENT DIRECT ARE FURNISHED ON AN AS-IS “AS IS” AND “AS AVAILABLE” BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USEPURPOSE, SUITABILITY, SECURITY, ACCURACY, AND NONINFRINGEMENT). STANDARD PROCESS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “STANDARD PROCESS PARTIES”) MAKE NO WARRANTY OF NON- INFRINGEMENT, NO REPRESENTATION OR WARRANTY REGARDING THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS, OR PERFORMANCE OF PATIENT DIRECT; THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE, OR OTHER DISABLING DEVICE FROM ANY SOURCE; THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN THE INFORMATION STANDARD PROCESS PARTIES; ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), OR LOSS OR USE OF DATA. USE OF PATIENT DIRECT IS AT YOUR OWN RISK. YOU AGREE THAT THE RESULTS THEREOF STANDARD PROCESS PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE STANDARD PROCESS PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, AND NO OTHER WARRANTY EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO YOUR HEALTH CARE PROFESSIONAL TO PURCHASE THE PARTICULAR PRODUCTS THAT FORM THE BASIS OF YOUR CLAIM OR $100. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY STANDARD PROCESS IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE STANDARD PROCESS PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES SHALL BE WAIVED AND RELEASED. Indemnification IN CONSIDERATION OF YOUR USE OF PATIENT DIRECT, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE STANDARD PROCESS PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS, YOUR NEGLIGENT OR WILLFUL MISCONDUCT, YOUR MISUSE OF THE PRODUCTS, YOUR VIOLATION OF LAW, OR YOUR VIOLATION OR THREATENED VIOLATION OF ANY KINDPERSON’S OR ENTITY’S RIGHTS (INCLUDING, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOINGLIMITATION, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE SYSTEM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS TO THE SYSTEMCOPYRIGHT, THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREEPATENT, THAT DEFECTS WILL BE CORRECTEDTRADE SECRET, TRADEMARK, OR THAT THE SYSTEM IS FREE OF HARMFUL CODEOTHER PROPRIETARY RIGHTS OR PUBLICITY, CONTRACT, MORAL, CONFIDENTIALITY, OR PRIVACY RIGHTS RELATED TO PRACTITIONER CONTENT OR OTHERWISE). USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errors, omissions, delay or interruptions, including but not limited toConfidential Information

Disclaimers and Limitations of Liability. COUNTYEXCEPT AS SPECIFIED IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDTIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose. YOU MAY NOT BE ABLE TO USE LOCATION BASED EMERGENCY PRODUCTS, SUCH AS “911,” USING THE PRODUCTS. WE HAVE NO LIABILITY FOR DAMAGES OR INJURIES, OF ANY TYPE, THAT YOU, EMPLOYEES, AGENTS OR AFFILIATES SUSTAIN BASED ON THE FACT THAT LOCATION BASED PRODUCTS ARE UNAVAILBLE. YOU AGREE DO INDEMNIFY AND HOLD US HARMLESS BASED ON THIRD PARTY CLAIMS BASED IN WHOLE OR IN PART ON THEIR INABILITY TO USE A LOCATION BASED SERVICE. PRODUCTS AND SERVICES PURCHASED THROUGH PICTOMETRY US ARE SOLD AS-IS. TO THE EXTENT THAT THESE PRODUCTS AND SERVICES HAVE WARRANTIES, YOU AGREE TO LOOK TO THE MANUFACTURER OR SUPPLIER FOR ALL CLAIMS. WARRANTIES MADE BY THESE MANUFACTURERS AND SUPPLIERS MAY NOT BE PASSED THROUGH TO YOU, AND WE EXPRESSLY DISCLAIM ANY OBLIGATION TO AFFECT SUCH A PASS THROUGH SHOULD ONE BE POSSIBLE. IN NO EVENT WILL SUPERB’S LIABILITY HEREUNDER EXCEED THE AGGREGAGE FEES ACTUALLY RECEIVED BY SUPERB FROM CUSTOMER FOR THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM SUPERB SHALL BE INTERPRETED TO INCLUDE SUPERB’S EMPLOYEE’S, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO CUSTOMER THROUGH SUPERB. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD SUPERB OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR XXXXXXXTHIRD PARTY VENDORS, IS PROVIDING THE SYSTEM AND DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF MERCHANTABILITYPROFITS, NO WARRANTY OF FITNESS FOR PARTICULAR COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, NO WARRANTY OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF NON- INFRINGEMENT, NO WARRANTY REGARDING YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE USE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF SUPERB HAS BEEN ADVISED OF THE INFORMATION POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY EXCLUSION OF ANY KIND, EXPRESS LIABILITY FOR INCIDENTAL OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE SYSTEM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS SUPERB’S LIABILITY WILL BE LIMITED TO THE SYSTEM, THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM IS FREE OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errors, omissions, delay or interruptions, including but not limited toEXTENT PERMITTED BY LAW.

Disclaimers and Limitations of Liability. COUNTYThe limited remedies described herein are the sole and exclusive remedy and Seller’s sole responsibility under this Limited Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BY AND THROUGH PICTOMETRY AND/EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, SELLER MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR XXXXXXXWARRANTIES OF ANY KIND, IS PROVIDING THE SYSTEM AND DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NO WARRANTY OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USEPURPOSE, NO WARRANTY OF NON- TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS AND LIMITATIONS. IN SUCH AN EVENT, SUCH EXCLUSION AND LIMITATION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND THE DURATION OF ANY IMPLIED WARRANTIES WILL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO WARRANTY REGARDING EVENT WILL SELLER, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF, BASED ON, OR RESULTING FROM THIS LIMITED WARRANTY, OR THE USE OF, MISUSE OF, OR INABILITY TO USE THE GOODS, EVEN IF SELLER (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS) HAVE BEEN ADVISED OF THE INFORMATION POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES), AND SELLER’S (AND ITS AFFILIATES’ AND ITS AND THEIR OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’, CONTRACTORS’, SUPPLIERS’, AND LICENSORS’) TOTAL CUMULATIVE LIABILITY ARISING OUT OF, BASED ON, OR RESULTING FROM THIS LIMITED WARRANTY OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE SYSTEM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS GOODS IS LIMITED TO THE SYSTEM, THAT AMOUNT ACTUALLY PAID FOR THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT GOODS BY THE SYSTEM IS FREE OF HARMFUL CODEBUYER. USER fully understands How to Make a Warranty Claim: Buyer (or a subsequent owner) must notify Seller of any warranty claims and agrees that request a Return Material Authorization (“RMA”) by contacting (i) the System is subject to errorsyour place of purchase (e.g., omissionsSeller’s branch, delays retailer, distributor or interruptions; and (iiwholesaler) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errors, omissions, delay or interruptions, including but not limited toor

Disclaimers and Limitations of Liability. COUNTY, BY AND THROUGH PICTOMETRY AND/OR XXXXXXX, IS PROVIDING THE SYSTEM AND DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON- INFRINGEMENT, NO WARRANTY REGARDING USER AGREES THAT THE USE OF THE INFORMATION APP OR SITE, ANY DRAFTCATS WEB SITE, AND ANY SOFTWARE OBTAINED THROUGH OR IN CONNECTION WITH THE RESULTS THEREOF AND NO OTHER WARRANTY APP OR SITE SITE (“SOFTWARE”) IS AT THE USER’S SOLE RISK. NEITHER DRAFTCATS, ITS CONTENT PROVIDERS NOR ANY OF ANY KINDTHEIR RESPECTIVE MANAGERS, EXPRESS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT LICENSORS WARRANT THE PERFORMANCE OF THE SYSTEM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS TO THE SYSTEM, THAT THE SYSTEM APP OR SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE OR THAT DEFECTS SOFTWARE WILL BE CORRECTED, OR THAT ERROR- FREE. NEITHER DRAFTCATS NOR ANY OF THE SYSTEM IS FREE OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Pictometry and/or Xxxxxxx, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT FOREGOING PERSONS MAKES ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS RELIABILITY OR TIMELINESS CONTENT OF ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE DELIVERED APP OR SITE. THE APP OR SITE AND USE OF ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DRAFTCATS HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS PROVIDERS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSIONS, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE USER’S SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE, SHALL BE TO TERMINATE THE SAME USER ACCOUNT. IN NO EVENT WILL COMPANY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE APP OR SITE OR ANY SOFTWARE OR CONTENT BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-partiesLIABLE FOR ANY DIRECT, including but not limited to Pictometry and/or Xxxxxxx; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errorsINDIRECT, omissionsSPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP OR SITE, delay or interruptionsSOFTWARE, including but not limited toOR CONTENT OR OUT OF THE BREACH OF ANY WARRANTY OR ANY OTHER CAUSE.