Common use of Disclaimers; Limitation of Liability Clause in Contracts

Disclaimers; Limitation of Liability. 8.1) NO WARRANTIES PROVIDER,, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NEITHER Phonesty NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. ADDITIONALLY, Phonesty HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY OF ANY KIND ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTY.

Disclaimers; Limitation of Liability. 8.1) NO EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES PROVIDER,IN SECTIONS 3.01 AND 3.02 OF THIS AGREEMENT AND EXCEPT AS EXPRESSLY SET FORTH IN THE PURCHASE AGREEMENT, THE LICENSES GRANTED HEREIN ARE MADE ON BEHALF OF ITSELF AN “AS IS” BASIS, AND ITS LICENSORS AND SUPPLIERS, EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND SERVICESIMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF LIMITATION, THOSE REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NONINFRINGEMENTOF NON-INFRINGEMENT. EXCEPT FOR LIABILITY ARISING UNDER ARTICLE 4, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Phonesty NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR SERVICES PARTY WILL BE UNINTERRUPTED LIABLE UNDER ANY LEGAL OR ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. ADDITIONALLY, Phonesty HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY CONSEQUENTIAL DAMAGES OF ANY KIND ON ITS BEHALFTHAT ARISE UNDER THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (IT BEING UNDERSTOOD THAT, IN THE EVENT THAT THE LICENSED PARTY EXERCISES RIGHTS IN AND/OR TO THE LICENSED IP WHICH ARE OUTSIDE THE SCOPE OF THE LICENSE TO IT, NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING, RESTRICTING OR OTHERWISE PREJUDICING THE RIGHTS OF THE PARTY GRANTING THE LICENSE UNDER APPLICABLE LAW TO SEEK AND YOU SHOULD NOT RELY ON RECOVER ANY REMEDY (INCLUDING ANY AMOUNT OF DAMAGES) AGAINST OR OTHERWISE FROM THE LICENSED PARTY IN AN ACTION AGAINST THE LICENSED PARTY FOR INFRINGEMENT, MISAPPROPRIATION OR OTHER VIOLATION OF THE RIGHTS OF THE PARTY GRANTING SUCH STATEMENT BY ANY THIRD PARTYLICENSE IN AND/OR TO SUCH LICENSED IP).

Disclaimers; Limitation of Liability. 8.1) NO WARRANTIES PROVIDER,, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE." WE AND THE OWNER WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA, 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 (OR THE MAXIMUM EXTENT PERMITTED OWNERS) LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF (I) THE AMOUNT OF FEES DUE AND PAYABLE BY LAWUS TO YOU UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM AND (II) FIFTY DOLLARS ($50.00). WE SPECIFICALLY DISCLAIM, PROVIDERWITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERSUS IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS EXPRESSED OR IMPLIED, RELATING TO INCLUDING THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. YOU AGREE THAT WE CANNOT ENSURE THAT EDITIONS OF YOUR USER GENERATED CONTENT WILL BE PROTECTED FROM THEFT OR NONINFRINGEMENT. NEITHER Phonesty NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS MISUSE OR THAT THE OPERATION OF THE WEBSITE OR SERVICES CUSTOMERS WILL BE UNINTERRUPTED OR ERROR-FREECOMPLY WITH ANY CONTENT USAGE RULES. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS ANY ONEBOOKSHELF WILL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. ADDITIONALLY, Phonesty HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY ARISING FROM A FAILURE OF ANY KIND ON ITS BEHALFSECURITY SYSTEM OR PROCEDURE OR OF ANY CUSTOMER TO COMPLY WITH ANY CONTENT USAGE RULES. WE CANNOT GUARANTEE THAT OUR SYSTEMS WILL ALWAYS BE AVAILABLE, AND WE WILL HAVE NO LIABILITY ARISING FROM SYSTEM OR PROCESS FAILURES, INTERRUPTIONS, INACCURACIES, ERRORS OR LATENCIES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTYIN ITS ENTIRETY.

Disclaimers; Limitation of Liability. 8.1(a) NO WARRANTIES PROVIDER,NEITHER SPC, ON BEHALF NOR ANY OF ITSELF AND ITS LICENSORS AND SUPPLIERSAFFILIATES, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAWNOR ANY SOURCES, PROVIDER, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS MAKE ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENTUSE) WITH RESPECT TO THE S&P XXXXXXXX SERVICE OR ANY COMPONENTS THEREOF. NEITHER Phonesty SPC, NOR ANY OF ITS LICENSORS OR SUPPLIERS WARRANTS AFFILIATES, NOR ANY SOURCES WARRANT THAT THE WEBSITE S&P XXXXXXXX SERVICE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION ANY OF THE WEBSITE OR SERVICES ITS COMPONENTS WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PROVIDER NOR REPRESENTATIVE EXPRESSLY AGREES THAT ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE AND ITS SUBSCRIBERS USE OF THE WEBSITE OR SERVICESS&P XXXXXXXX SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBERS. ADDITIONALLYSPC, Phonesty HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY OF ANY KIND ON ITS BEHALFAFFILIATES, AND YOU SHOULD NOT RELY ALL SOURCES INVOLVED IN CREATING OR PROVIDING THE S&P XXXXXXXX SERVICE OR ANY OF ITS COMPONENTS WILL IN NO WAY BE LIABLE TO REPRESENTATIVE OR ANY SUBSCRIBERS OR OTHER THIRD PARTIES FOR ANY INACCURACIES, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, IN THE SPC DATAFEED OR FOR ANY DEFECTS OR FAILURES IN THE TID HARDWARE OR THE TID SOFTWARE, OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT, OR CONSEQUENTIAL, PUNITIVE OR EXEMPLARY, EVEN IF SPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING THEREFROM. THE LIABILITY OF SPC AND ITS AFFILIATES IN ANY AND ALL CATEGORIES, WHETHER ARISING FROM CONTRACT, WARRANTY, NEGLIGENCE, OR OTHERWISE SHALL, IN THE AGGREGATE, IN NO EVENT EXCEED THE AVERAGE MONTHLY SERVICE CHARGE (AS SET FORTH IN EXHIBIT C) WHICH IS PAID BY REPRESENTATIVE TO SPC DURING THE TERM OF THIS AGREEMENT. REPRESENTATIVE AGREES THAT ITS USE AND ITS SUBSCRIBERS USE OF TAL REAL TRADE ORDER ENTRY SERVICE SHALL IN NO WAY BE AFFILIATED WITH S&P XXXXXXXX AND ITS XXXXXXXX ON ANY SUCH STATEMENT BY ANY THIRD PARTYTO NET SERVICE AND USE OF TAL'S REAL TRADE ORDER ENTRY SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBER.

Disclaimers; Limitation of Liability. 8.1) NO WARRANTIES PROVIDER,EXCEPT AS EXPRESSLY SET FORTH HEREIN, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS NEITHER PARTY MAKES ANY AND ALL WARRANTIESREPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, RELATING OR PROVIDES ANY REMEDY TO THE WEBSITE OTHER PARTY, AND SERVICESALL OTHER REPRESENTATIONS, WARRANTIES AND REMEDIES WHATSOEVER AND HOWEVER THEY MAY BE CLAIMED, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. EXCEPT FOR A PARTY’S INDEMNITY OBLIGATIONS, OR NONINFRINGEMENTBREACH OF CONFIDENTIALITY OBLIGATIONS, HEREUNDER, ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. NEITHER Phonesty NOR ITS LICENSORS NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, WITH THE EXCEPTION OF A PARTY’S INDEMNITY OBLIGATIONS, OR SUPPLIERS WARRANTS THAT BREACH OF CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT WILL LIABILITY OF CORIELL EXCEED THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION AGGREGATE AMOUNT OF THE WEBSITE SERVICE FEES OR SERVICES REIMBURSEMENTS PAYABLE BY IT TO CDI HEREUNDER OR WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION OF CDI WITH YOUR USE RESPECT HERETO EXCEED THE AGGREGATE AMOUNT OF THE WEBSITE SERVICE FEES RECEIVED BY OR SERVICES. ADDITIONALLY, Phonesty HAS NOT AUTHORIZED ANYONE PAYABLE TO MAKE ANY WARRANTY OF ANY KIND ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTYCDI HEREUNDER.

Disclaimers; Limitation of Liability. 8.1USE OF FINGERHUT CHOICE PLUS AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FINGERHUT, AND ALL OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY “MEMBERSHIP PROVIDERS”) NO WARRANTIES PROVIDER,, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS EXPRESSLY DISCLAIM ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAWOF ANY KIND, PROVIDER, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING INCLUDING, BUT NOT LIMITED TO THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENTAND NON-INFRINGEMENT. NEITHER Phonesty NOR ITS LICENSORS OR SUPPLIERS WARRANTS MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT THE WEBSITE OR SERVICES (i) FINGERHUT CHOICE PLUS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR SERVICES REQUIREMENTS, (ii) FINGERHUT CHOICE PLUS WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS , OR SUPPLIERS HAS (iii) THE QUALITY OF ANY LIABILITY WHATSOEVER IN CONNECTION WITH PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF FINGERHUT CHOICE PLUS WILL MEET YOUR EXPECTATIONS. MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAS BEEN ADVISED OF THE WEBSITE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR SERVICESTHE INABILITY TO USE FINGERHUT CHOICE PLUS OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF FINGERHUT CHOICE PLUS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR FINGERHUT CHOICE PLUS MEMBERSHIP; OR (iv) ANY OTHER MATTER RELATING TO FINGERHUT CHOICE PLUS. ADDITIONALLYSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, Phonesty HAS CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT AUTHORIZED ANYONE APPLY TO MAKE ANY WARRANTY OF ANY KIND ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTYYOU.

Disclaimers; Limitation of Liability. 8.1) NO WARRANTIES PROVIDER,, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE." WE AND THE OWNER WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA, 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 (OR OWNER) LIABILITY UNDER THIS AGREEMENT EXCEED THE MAXIMUM EXTENT PERMITTED GREATER OF (I) THE AMOUNT OF FEES DUE AND PAYABLE BY LAWUS TO YOU UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM AND (II) FIFTY DOLLARS ($50.00). WE SPECIFICALLY DISCLAIM, PROVIDERWITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERSUS IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS EXPRESSED OR IMPLIED, RELATING TO INCLUDING THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON-INFRINGEMENT. YOU AGREE THAT WE CANNOT ENSURE THAT EDITIONS OF YOUR USER GENERATED CONDITIONS WILL BE PROTECTED FROM THEFT OR NONINFRINGEMENT. NEITHER Phonesty NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS MISUSE OR THAT THE OPERATION OF THE WEBSITE OR SERVICES CUSTOMERS WILL BE UNINTERRUPTED OR ERROR-FREECOMPLY WITH ANY CONTENT USAGE RULES. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS ANY ONEBOOKSHELF WILL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. ADDITIONALLY, Phonesty HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY ARISING FROM A FAILURE OF ANY KIND ON ITS BEHALFSECURITY SYSTEM OR PROCEDURE OR OF ANY CUSTOMER TO COMPLY WITH ANY CONTENT USAGE RULES. WE CANNOT GUARANTEE THAT OUR SYSTEMS WILL ALWAYS BE AVAILABLE, AND WE WILL HAVE NO LIABILITY ARISING FROM SYSTEM OR PROCESS FAILURES, INTERRUPTIONS, INACCURACIES, ERRORS OR LATENCIES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTYIN ITS ENTIRETY.

Disclaimers; Limitation of Liability. 8.1) NO WARRANTIES PROVIDER,THERE MAY BE DELAYS, OMISSIONS, ERRORS, OR INACCURACIES IN THE CONTENT, AND THE CONTENT IS PROVIDED TO YOU ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. FCB, ITS CONTENT PROVIDERS, AFFILIATES, CAMPAIGN PARTNERS, ADVERTISING, PROMOTION AND "AS AVAILABLE." FULFILLMENT AGENCIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATIONS AND, TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM WITH RESPECT TO THE SITE AND THE CONTENT ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, RELIABILITY, STABILITY, READINESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF LAW. FCB, ITS CONTENT PROVIDERS, AFFILIATES, CAMPAIGN PARTNERS, ADVERTISING, PROMOTION AND FULFILLMENT AGENCIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. ANY MATERIAL, INFORMATION OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN RISK AND DISCRETION AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU, INCLUDING AND NOT LIMITED TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR LOSS OR DAMAGE TO ANY PROPERTY OR LOSS OF DATA OR LOSS OF REVENUE THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL. FCB DOES NOT CONTROL THE CONTENT PROVIDED BY ITS CONTENT PROVIDERS AND DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT. YOU UNDERSTAND THAT BY USING THE SITE YOU MAY BE EXPOSED TO CONTENT PROVIDED BY CONTENT PROVIDERS AND OTHERS THAT IS OFFENSIVE, INDECENT AND/OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL FCB BE LIABLE IN ANY WAY FOR ANY CONTENT PROVIDED BY ITS CONTENT PROVIDERS OR OTHERS, INCLUDING ANY ERRORS OR OMISSIONS IN ANY SUCH CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SUCH CONTENT. IN NO EVENT SHALL FCB OR ANY CONTENT PROVIDER, ON BEHALF AFFILIATE, CAMPAIGN PARTNER, ADVERTISING, PROMOTION AND FULFILLMENT AGENCIES OR ANY OF ITSELF AND ITS THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS AND SUPPLIERSBE LIABLE TO YOU OR TO ANYONE ELSE FOR (a) ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY CONTINGENCIES BEYOND THEIR CONTROL OR ANY NEGLIGENCE, EXPRESSLY DISCLAIMS INCLUDING ANY AND ALL WARRANTIESGROSS NEGLIGENCE, EXPRESS IN PROCURING, PROVIDING COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING OR IMPLIEDDELIVERING THE SITE OR ANY CONTENT THEREON, (b) ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE SITE OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN THE DELIVERY OR TRANSMISSION OF CONTENT, DATA AND SERVICESSERVICES AVAILABLE ON THE SITE OR ANY WEB SITE OF A CONTENT PROVIDER, INCLUDING WITHOUT LIMITATION (c) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NEITHER Phonesty NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OTHER ASPECT OF THE WEBSITE SITE OR SERVICES WILL BE UNINTERRUPTED ANY WEB SITE OF A CONTENT PROVIDER OR ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS (d) ANY OTHER TYPES OF DAMAGES (SUCH AS, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE INDIRECT DAMAGES), EVEN IF ADVISED OF THE WEBSITE POSSIBILITY OF SUCH DAMAGES. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THE PRECEDING THREE PARAGRAPHS SHALL LIMIT OR SERVICES. ADDITIONALLYOTHERWISE MODIFY ANY OF YOUR LIABILITIES OR OBLIGATIONS, Phonesty HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY OF RESTRICTIONS ON CONTRIBUTED CONTENT OR ANY KIND ON ITS BEHALFOTHER PROVISION SET FORTH ABOVE IN THE SECTION TITLED, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTY“CONTRIBUTED CONTENT.”

Disclaimers; Limitation of Liability. 8.1EXCEPT FOR THE COMPANY’S LIMITED AND EXPLICIT PROMISE UNDER SECTION 6 TO PROCESS PAYMENTS: (A) THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES PROVIDER,, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING OR OTHER COVENANTS TO THE WEBSITE HOST OR ANY OTHER USER REGARDING THE COMPANY WEBSITE, ANY OTHER COMPANY PROGRAMS, ANY TRIP, ANY TRIP SERVICES, ANY OTHER COMPANY IP ASSETS, AND ANY OTHER CONTENT PROVIDED THEREIN; AND (B) THE COMPANY WEBSITE, ANY OTHER COMPANY PROGRAMS, ANY BOOKINGS, TRIP SERVICES, ANY COMPANY IP ASSETS AND ANY OTHER CONTENT PROVIDED THEREIN ARE ALL PROVIDED TO A HOST AND ALL OTHER USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY COMPANY HEREBY EXPLICITLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATING STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. THE WEBSITE AND SERVICESCOMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCTS OR SERVICES OF ANY HOST, OPERATORS OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF THE FOLLOWING WITH REGARD TO THE FOREGOING: (A) WARRANTY OF MERCHANTABILITY, ; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE; (C) WARRANTY OF TITLE; OR NONINFRINGEMENT(D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. NEITHER Phonesty NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE FOR PURPOSES OF THIS SECTION 16, THESE THIRD PARTY PRODUCTS AND SERVICES INCLUDE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OF HOSTS OR THAT OPERATORS. WITHOUT LIMITATION THE OPERATION GENERALITY OF ANY OTHER PROVISION IN THIS SECTION 16, AND FOR THE AVOIDANCE OF DOUBT, EACH HOST HEREBY ACKNOWLEDGES AND AGREES THAT: (A) THE SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY OF THE WEBSITE COMPANY RELATED TO OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE ARISING OUT OF THE WEBSITE TRIP SERVICES SHALL BE LIMITED TO THE COMPANY’S PROCESSING OF THE TRIP PAYMENTS TO THE APPROPRIATE THIRD PARTY PURSUANT TO THE TERMS AND CONDITIONS OF THE PARTICULAR TRIP; AND (B) ALL OTHER SERVICES RELATED TO OR SERVICESARISING OUT OF THE TRIP, AND ALL OBLIGATIONS RELATED THERETO, ARE SOLELY AND EXCLUSIVELY THE RESPONSIBILITY AND LIABILITY OF THE OPERATOR, HOST OR OTHER THIRD PARTIES PROVIDING SUCH SERVICE AND ARE NOT THE RESPONSIBILITY OR LIABILITY OF THE COMPANY. ADDITIONALLYIN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, Phonesty PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY KIND ON AGREED OR OTHER REMEDY OF ITS BEHALFESSENTIAL PURPOSE. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTYWHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO THE HOST FOR THE TRIP.

Disclaimers; Limitation of Liability. 8.1You expressly agree that your use of the Site and the Product is at Your sole risk. Neither RMA, nor its affiliates, nor any of our or their officers, directors or employees, agents, third party content providers, sponsors, licensors or the like (collectively, “Providers”) NO WARRANTIES PROVIDER,warrant that the Site and/or the Product will be uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability or currency of any content, information, product or service provided through the Site. THE MATERIALS AVAILABLE ON BEHALF AND THROUGH THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. RMA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ITSELF AND THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. RMA RESERVES THE RIGHT, IN ITS LICENSORS AND SUPPLIERSSOLE DISCRETION, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. RMA MAY MAKE ANY OTHER CHANGES TO THE WEBSITE SITE, THE MATERIALS AND SERVICESTHE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL RMA BE LIABLE FOR ANY TELECOMMUNICATION SERVICE PROVIDERS, THE INTERNET BACKBONE, ANY ACTIVITIES OF HACKERS OR ANY NEFARIOUS OR CRIMINAL ACTIVITIES, ANY INTERNET SERVERS, END USER'S COMPUTERS, LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, LOSS OF GOODWILL, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTIONS OF BUSINESS, OUT-OF-POCKET EXPENSES OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR IF RMA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTORY RIGHTS OR ANY OTHER BASIS ARISING OUT OF, OR CONNECTED WITH THIS AGREEMENT OR THE SITE, PRODUCT, DOCUMENTATION, OR SERVICES FURNISHED HEREUNDER. IN THE EVENT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE VOID OR NOT EFFECTIVE, END-USER AGREES THAT THE TOTAL LIABILITY TO END-USER UNDER THIS AGREEMENT SHALL IN NO CASE EXCEED THE FEES PAID TO RMA BY LAW, PROVIDER, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS END-USER UNDER THIS AGREEMENT IN THE YEAR IN WHICH THE ACT OR IMPLIED, RELATING INJURY THAT GAVE RISE TO THE WEBSITE AND SERVICESLIABILITY OCCURRED. END-USER AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES CLAIM OR CAUSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ACTION ARISING OUT OF OR NONINFRINGEMENT. NEITHER Phonesty NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR RELATED TO USE OF THE WEBSITE SITE, THE PRODUCT, OR SERVICES. ADDITIONALLYTHE DOCUMENTATION MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUES, Phonesty HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY OF ANY KIND ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTYOR BE FOREVER BARRED.

Disclaimers; Limitation of Liability. 8.1) THE ACQUISITION OF TOKENS UNDER THIS AGREEMENT, THE USE OF TOKENS AND THE PLATFORM ARE PROVIDED ON AN „AS IS‟ AND „AS AVAILABLE‟ BASIS. THE COMPANY AND ANY RELATED ENTITIES MAKE NO WARRANTIES PROVIDER,REPRESENTATIONS OF ANY KIND, ON BEHALF EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE ACQUISITION OF ITSELF TOKENS UNDER THIS AGREEMENT, AND ITS LICENSORS AND SUPPLIERSTHE PLATFORM INCLUDING ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, HEREBY DISCLAIMS ALL WARRANTIES RELATING ERROR FREE OR FREE OF HARMFUL COMPONENTS OR THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED PROHIBITED BY LAW, PROVIDERTHE COMPANY, ON BEHALF OF ITSELF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS, REPRESENTATIVES, AFFILIATES AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ASSOCIATES DO NOT ACCEPT ANY AND ALL WARRANTIES, EXPRESS LIABILITY FOR ANY DAMAGE OR IMPLIED, RELATING TO THE WEBSITE AND SERVICESLOSS, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE), RESULTING FROM ANY IMPLIED WARRANTIES USE OF, OR INABILITY TO USE TOKENS, THE PLATFORM OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES OR CONTENT ON THE PLATFORM, AS WELL AS FROM ACQUISITION OF MERCHANTABILITYTOKENS, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NEITHER Phonesty NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION REGARDLESS OF THE WEBSITE BASIS UPON WHICH THE LIABILITY IS CLAIMED. THE INVESTOR ASSUMES ALL RISK OF LOSS RESULTING FROM, CONCERNING OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER ASSOCIATED WITH RISKS SET FORTH IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. ADDITIONALLYTHIS AGREEMENT, Phonesty HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY OF ANY KIND ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT WHICH ARE HEREBY INCORPORATED BY ANY THIRD PARTYREFERENCE INTO THIS AGREEMENT.

Disclaimers; Limitation of Liability. 8.1) NO FOR THE PURPOSES OF THIS AGREEMENT AND WITHOUT LIMITING ANY REPRESENTATIONS OR WARRANTIES PROVIDER,MADE UNDER THE PURCHASE AGREEMENT, THE LICENSES GRANTED HEREIN ARE MADE ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED "AN “AS IS" ” BASIS, AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER, ON BEHALF OF ITSELF CDES GROUP AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS THE MTS GROUP HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NONINFRINGEMENTOF NON-INFRINGEMENT. NEITHER Phonesty NOR ITS LICENSORS NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 2.04 SHALL MODIFY, ALTER, OR SUPPLIERS WARRANTS THAT LIMIT IN ANY MANNER THE WEBSITE REPRESENTATIONS, WARRANTIES, COVENANTS AND REMEDIES UNDER THE PURCHASE AGREEMENT. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL ANY PARTY HERETO BE LIABLE FOR ANY LOST PROFITS, LOST REVENUES, LOST OPPORTUNITIES, AMOUNTS BASED ON MULTIPLES OF LOST EARNINGS, OR SERVICES WILL MEET YOUR REQUIREMENTS FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR THAT THE OPERATION OF THE WEBSITE CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. ADDITIONALLY, Phonesty HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY LOST REVENUES) OF ANY KIND ON OTHER PARTY HERETO, ITS BEHALFSUCCESSORS, AND YOU SHOULD NOT RELY ON ANY ASSIGNS OR ITS RESPECTIVE AFFILIATES, TO THE EXTENT AS A RESULT OF OR ARISING FROM THIS AGREEMENT, REGARDLESS OF WHETHER SUCH STATEMENT BY ANY THIRD PARTYLIABILITY ARISES IN TORT, CONTRACT, BREACH OF WARRANTY OR OTHERWISE.

Disclaimers; Limitation of Liability. 8.1) NO WARRANTIES PROVIDER,CCC DOES NOT MAKE ANY REPRESENTATIONS, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERSWARRANTIES, HEREBY DISCLAIMS ALL WARRANTIES RELATING OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE WEBSITE EVENT AND SERVICESMAKES NO WARRANTY THAT (A) THE EVENT WILL MEET YOUR OR MEMBER COMPANY’S NEEDS; OR (B) ANY INFORMATION OBTAINED THROUGH THE EVENT WILL BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE. YOUR PARTICIPATION IN THE EVENT IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. IN NO EVENT WILL CCC (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, SPONSORS, CONTRACTORS, MEMBERS, OR AGENTS) BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES OR LOST PROFITS OR OPPORTUNITIES ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE EVENT, EVEN IF CCC HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER THIS SECTION, CCC’S MAXIMUM, AGGREGATE LIABILITY TO YOU AND MEMBER COMPANY, AND YOUR AND MEMBER COMPANY’S EXCLUSIVE REMEDY FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE EVENT OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF: THE AMOUNT YOU PAID TO CCC TO ATTEND THE EVENT OR $100. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING . IN ADDITION TO THE WEBSITE AND SERVICESFOREGOING, INCLUDING WITHOUT LIMITATION ANY IMPLIED CCC MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NEITHER Phonesty NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE EVENT OR SERVICES WILL MEET YOUR REQUIREMENTS THE EVENT VENUE IS FREE OF ANY VIRUS, CONTAGION, OR DISEASE, OR THAT THE OPERATION OF THE WEBSITE OR SERVICES EVENT SPACE WILL BE UNINTERRUPTED RESTRICTED FROM ENTRY OR ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. ADDITIONALLY, Phonesty HAS NOT AUTHORIZED ANYONE PASSAGE TO MAKE ANY WARRANTY OF ANY KIND ON ITS BEHALFPARTICIPANTS EXCLUSIVELY, AND YOU SHOULD NOT RELY EXPLICITLY DISCLAIMS ALL RESPONSIBILITY FOR THE EVENT OR THE EVENT VENUE BEING FREE FROM EXPOSURE TO THE COVID-19 VIRUS, INCLUDING ANY MUTATION THEREOF, OR ANY OTHER VIRUS OR DISEASE, AND RELIES ON ANY SUCH STATEMENT BY ANY THIRD PARTYGUIDANCE FROM THE APPLICABLE LOCAL AND FEDERAL AUTHORITIES, AS WELL AS THE HOST FACILITY, IN MAKING ITS DECISIONS ABOUT THE EVENT.

Disclaimers; Limitation of Liability. 8.1) NO WARRANTIES PROVIDER,, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES PROGRAM ARE PROVIDED "AS TO YOU ON AN “AS-IS" “ AND "“AS AVAILABLE." TO “ BASIS AND THE MAXIMUM EXTENT PERMITTED BY LAWUSE THEREOF IS AT YOUR SOLE RISK. SAVVYMONEY MAKES NO, PROVIDERAND HEREBY DISCLAIMS, ON BEHALF ANY REPRESENTATIONS OR WARRANTIES OF ITSELF AND ITS LICENSORS AND SUPPLIERSANY KIND, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIESEXPRESS, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND SERVICESSTATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, SATISFATORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE WEBSITE AND PROGRAM, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. NEITHER Phonesty NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT SAVVYMONEY DOES NOT WARRANT THAT: (A) THE WEBSITE OR SERVICES PROGRAM (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED; (B) THE WEBSITE OR PROGRAM WILL MEET YOUR REQUIREMENTS REQUIREMENTS; OR THAT THE OPERATION OF (C) ANY ERRORS OR MALFUNCTIONS IN THE WEBSITE OR SERVICES PROGRAM WILL BE UNINTERRUPTED CORRECTED. SAVVYMONEY SHALL NOT BE LIABLE IN THE EVENT OF ANY UNAUTHORIZED ACCESS TO OR ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. ADDITIONALLYPROGRAM, Phonesty HAS NOT AUTHORIZED ANYONE ANY INTERRUPTION, SUSPENSION OR CESSATION OF ACCESS TO MAKE THE WEBSITE OR PROGRAM, OR ANY WARRANTY OF ANY KIND ON ITS BEHALFBUGS, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT VIRUSES, TROJAN HORSES, OR OTHER HARMFUL OR MALICIOUS CODE WHICH MAY BE TRANSMITTED THROUGH THE WEBSITE OR PROGRAM BY ANY THIRD PARTY. SAVVYMONEY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT MADE AVAILABLE ON THE WEBSITE OR THE PROGRAM. NEITHER SAVVYMONEY NOR THE PROGRAM IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. SAVVYMONEY IS NOT A FINANCIAL PLANNER, BROKER, TAX ADVISOR, OR A CREDIT COUNSELOR. The Program is intended only to assist You in Your financial organization and decision-making and is broad in scope. SavvyMoney does not act as Your agent in eliminating, reducing or settling Your debts, obtaining new or different loan terms for You, or improving Your credit history, credit rating, credit report, credit score or debt-to-income ratio. SavvyMoney does not provide accounting, tax, legal, real-estate, mortgage, and financial planning or investment advice. SAVVYMONEY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE WEBSITE, PROGRAM OR ANY PORTION THEREOF, EVEN IF SAVVYMONEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL SAVVYMONEY BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OR OTHER NETWORK (INCLUDING WITHOUT LIMITATION PHONE NETWORK OR OTHER TELECOMMUNICATIONS NETWORK) FAILURES OR “BROWNOUTS“, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS TOS, SAVVYMONEY'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO (1) FEES PAID BY YOU DURING THE 6 MONTHS PRECEDING THE DATE ON WHICH YOU NOTIFY SAVVYMONEY OF A CLAIM, OR (2) $100.00 (ONE HUNDRED UNITED STATES DOLLARS). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT INCREASE SAVVYMONEY'S LIABILITY. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ARE A REASONABLE ALLOCATION OF THE RISK BETWEEN THE PARTIES AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

Disclaimers; Limitation of Liability. 8.1) NO WARRANTIES PROVIDER,5.1 EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDERTHE SERVICES, ON BEHALF OF ITSELF WORK PRODUCT, AND ITS LICENSORS ANY 3PILLAR TECHNOLOGY PROVIDED BY 3PILLAR ARE PROVIDED “AS IS,” AND SUPPLIERS, EXPRESSLY 3PILLAR DISCLAIMS ANY AND ALL OTHER PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND SERVICESINCLUDING, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR NONINFRINGEMENTDATA ACCURACY. NEITHER Phonesty NOR ITS LICENSORS OR SUPPLIERS WARRANTS WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 3PILLAR DOES NOT GUARANTEE THAT THE WEBSITE SERVICES, WORK PRODUCT OR 3PILLAR TECHNOLOGY: (A) WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT 3PILLAR WILL CORRECT ALL ERRORS, (B) WILL OPERATE IN COMBINATION WITH CLIENT’S CONTENT OR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY 3PILLAR, (C) WILL MEET YOUR REQUIREMENTS CLIENT’S EXPECTATIONS, SPECIFICATIONS OR REQUIREMENTS. CLIENT ACKNOWLEDGES AND AGREES THAT 3PILLAR DOES NOT CONTROL THE ENVIRONMENT IN WHICH THE SERVICES, WORK PRODUCT AND ANY 3PILLAR TECHNOLOGY MAY BE USED, OPERATED OR DISTRIBUTED BY CLIENT OR ITS CUSTOMERS, AND THAT THE SERVICES, WORK PRODUCT AND 3PILLAR TECHNOLOGY MAY BE SUBJECT TO LIMITATIONS, DELAYS, SECURITY RISKS AND OTHER DAMAGES RESULTING FROM SUCH ENVIRONMENT. 3PILLAR IS NOT RESPONSIBLE FOR ANY DELAYS, SECURITY INCIDENTS, OR OTHER DAMAGES RESULTING FROM SUCH ENVIRONMENT OR OTHERWISE FROM CLIENT’S USE, OPERATION OR DISTRIBUTION OF THE WEBSITE SERVICES, WORK PRODUCT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. ADDITIONALLY, Phonesty HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY OF ANY KIND ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTY3PILLAR TECHNOLOGY.

Disclaimers; Limitation of Liability. 8.1) NO WARRANTIES PROVIDER,(a)NO WARRANTIES. WITHOUT LIMITATION, ANY INFORMATION REGARDING OUR ATTORNEY AND ADVOCATE SPONSORS HAS BEEN PROVIDED BY THE SPONSORS AND HAS NOT BEEN VERIFIED BY XXXXXXXXXXXXXXXXXXXXXXXXX.XXX. XXXXXXXXXXXXXXXXXXXXXXXXX.XXX DOES NOT WARRANT THE VALIDITY OF THE INFORMATION, NOR DOES IT GUARANTEE THE QUALITY OF THE WORK PRODUCT. THE DETERMINATION OF THE NEED FOR LEGAL SERVICES AND THE CHOICE OF A LAWYER ARE EXTREMELY IMPORTANT DECISIONS AND SHOULD NOT BE BASED SOLELY UPON ADVERTISEMENTS OR SELF- PROCLAIMED EXPERTISE. A DESCRIPTION OR INDICATION OF LIMITATION OF PRACTICE BY A LAWYER DOES NOT MEAN THAT ANY AGENCY OR BOARD HAS CERTIFIED SUCH LAWYER AS A SPECIALIST OR EXPERT IN ANY INDICATED FIELD OF LAW PRACTICE, NOR DOES IT MEAN THAT SUCH LAWYER IS NECESSARILY ANY MORE EXPERT OR COMPETENT THAN ANY OTHER LAWYER. ALL POTENTIAL CLIENTS ARE URGED TO MAKE THEIR OWN INDEPENDENT INVESTIGATION AND EVALUATION OF ANY LAWYER BEING CONSIDERED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IM, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO REGARDING THE WEBSITE AND SERVICESWEBSITE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR NONINFRINGEMENTTITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER Phonesty IM NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-ERROR- FREE. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS ANY THE LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF IM FOR DAMAGES ARISING OUT OF THE WEBSITE FURNISHING OF SERVICES PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, OR OTHER DEFECTS, REPRESENTATIONS, OR ARISING OUT OF THE FAILURE TO THE FURNISH SERVICES, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ADDITIONALLYIM SHALL NOT BE LIABLE FOR ANY INDIRECT, Phonesty HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOST REVENUES), WHETHER CAUSED BY THE ACTS OR OMISSIONS OF ANY KIND ON ITS BEHALFIM, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTYIM PARTIES, OR IM USERS, OR THEIR AGENTS OR REPRESENTATIVES.

Disclaimers; Limitation of Liability. 8.1) NO WARRANTIES PROVIDER,, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." OPTIVON MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS TO CUSTOMER REGARDING THE MAXIMUM EXTENT PERMITTED BY LAWSERVICE, PROVIDERITS USE, ON BEHALF CONDITION OR OPERATION. OPTIVON MAKES NO WARRANTY WHATSOEVER THAT ACCESS TO OR USE OF ITSELF AND ITS LICENSORS AND SUPPLIERSTHE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. OPTIVON EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND SERVICES, IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. OPTIVON SHALL NOT BE LIABLE FOR ANY ACTS, ERRORS, OR NONINFRINGEMENTOMISSIONS BY IT OR ITS EMPLOYEES OR AGENTS, EXCEPT FOR CONDUCT CONSTITUTING GROSS NEGLIGENCE. IN ANY EVENT OPTIVON'S SOLE LIABILITY HEREUNDER TO THE CUSTOMER FOR ANY AND ALL DAMAGES OF ANY NATURE WHATSOEVER SHALL NOT EXCEED THE FEES AND COSTS PAYABLE BY THE CUSTOMER TO OPTIVON FOR THE PAYMENT PERIOD IN WHICH THE CONDUCT GIVING RISE TO THE CLAIM TOOK PLACE. NEITHER Phonesty OPTIVON NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR SERVICES VENDORS WILL BE UNINTERRUPTED LIABLE FOR UNAUTHORIZED ACCESS TO OPTIVON'S OR ERROR-FREECUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF OPTIVON'S OR ITS VENDORS' NEGLIGENCE. NEITHER PROVIDER OPTIVON NOR ITS LICENSORS VENDORS WILL BE LIABLE FOR MALFUNCTIONS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN OPTIVON. NEITHER OPTIVON NOR ITS VENDORS WILL BE LIABLE FOR DELAYS OR INTERUPTIONS IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE WEBSITE SERVICES RESULTING FROM CUSTOMER'S EQUIPMENT, USE OF THE INTERNET, OR SERVICES. ADDITIONALLY, Phonesty HAS TELECOMMUNICATIONS SYSTEMS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY OF ANY KIND ON ITS BEHALFUNDER OPTIVON'S CONTROL, AND YOU SHOULD NOT RELY ON OPTIVON SHALL HAVE NO LIABILITY FOR ANY SUCH STATEMENT BY DELAYS OR INTERRUPTIONS. NOTWITHSTANDING THE ABOVE, IN NO EVENT SHALL OPTIVON OR ITS EMPLOYEES OR AGENTS BE LIABLE TO THE CUSTOMER FOR: (A) ANY THIRD PARTY.INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, LOST PROFITS OR LOSS OF REVENUES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE PERFORMANCE, OR FAILURE TO PERFORM, ANY SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE

Disclaimers; Limitation of Liability. 8.1) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AMI MAKES NO WARRANTIES PROVIDER,, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING AS TO THE WEBSITE AND SERVICESSUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. AMI SHALL NOT BE LIABLE FOR ANY AD, CAMPAIGN OR NONINFRINGEMENT. NEITHER Phonesty NOR ITS LICENSORS E-MAIL, INCLUDING BUT NOT LIMITED TO THE CONTENT THEREOF, ANY UNAVAILABILITY OR SUPPLIERS WARRANTS THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION INOPERABILITY OF THE WEBSITE INTERNET, UNAVAILABILITY OR SERVICES WILL BE UNINTERRUPTED CONSEQUENCES OF ANY AD OR CAMPAIGN, THE AMI SITE, AMI NETWORK OR SERVICES, OR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS , CORRUPTION OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE LOSS OF INFORMATION RELATED TO OR ARISING OUT OF THE WEBSITE SERVICES, AMI SITE, AMI NETWORK OR SERVICESANY AD OR CAMPAIGN. ADDITIONALLYTHE INFORMATION AND CONTENT ON THE AMI SITE AND/OR AMI NETWORK AND VIA THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH NO WARRANTY. IN NO EVENT SHALL AMI BE LIABILE FOR ANY LOST PROFITS, Phonesty LOST REVENUES OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF SUCH DAMAGES ARE FORSEEABLE AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN NO EVENT WILL AMI'S LIABILITY HEREUNDER EXCEED THE PAYMENTS MADE BY ADVERTISER TO AMI IN THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. UNLESS OTHERWISE STATED ON THE IO, AMI DOES NOT AUTHORIZED ANYONE WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES, THE ABILITY TO CONVERT THE RESPONSES INTO SALES, THE ACTIVITIES OF ITS PUBLISHERS OR ANY BENEFIT ADVERTISER MAY RECEIVE BY ADVERTISING WITH AMI OR ITS PUBLISHERS. AMI DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A USER. AMI DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON AMI'S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND UPON DELAYS CAUSED BY ACCIDENTS, WAR, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND AMI'S CONTROL. AMI WILL MAKE ANY WARRANTY OF ANY KIND ON COAMIRCIALLY REASONABLE EFFORTS TO MEET SCHEDULED DELIVERY AND ONLINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTYFAILURE TO MEET SAID DATES.

Disclaimers; Limitation of Liability. 8.1) NO WARRANTIES PROVIDER,, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY ALLOWED UNDER LAW, PROVIDER, ON BEHALF OF ITSELF WE (AND ITS LICENSORS THOSE THAT WE WORK WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT. NEITHER Phonesty NOR ITS LICENSORS OR SUPPLIERS WARRANTS ); (B) DO NOT GUARANTEE THAT THE WEBSITE OR SERVICES WILL MEET FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), WE (AND THOSE THAT WE WORK WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR REQUIREMENTS INFORMATION OR CONTENT). IN NO EVENT SHALL OUR LIABILITY (AND THOSE THAT WE WORK WITH TO PROVIDE THE OPERATION SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) USD 5,000. THIS LIMITATION OF LIABILITY IS PART OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE BASIS OF THE WEBSITE OR SERVICES. ADDITIONALLYBARGAIN BETWEEN YOU AND US AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, Phonesty HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF WE HAVE BEEN TOLD OF THE POSSIBILITY OF ANY KIND ON ITS BEHALFSUCH DAMAGE, AND YOU SHOULD EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTYALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

Disclaimers; Limitation of Liability. 8.1) NO WARRANTIES PROVIDER,EXCEPT FOR ANY LIMITED PERFORMANCE WARRANTY FOR END- CONSUMER PURCHASERS OF THE PRODUCTS SET FORTH IN THE CAVUS-SUPPLIED DOCUMENTATION ACCOMPANYING THE PRODUCTS (IF ANY), THE PRODUCTS AND ANY OTHER RIGHTS, GOODS, SERVICES, INTELLECTUAL PROPERTY AND/OR INFORMATION PROVIDED BY OR ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES CAVUS HEREUNDER ARE BEING PROVIDED "ON AN “AS IS" ” AND "“AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW” BASIS WITHOUT GUARANTEE, PROVIDERREPRESENTATION OR WARRANTY OF ANY KIND, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING INCLUDING AS TO THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT OR NONINFRINGEMENTARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, AND CAVUS HEREBY EXPRESSLY DISCLAIMS ALL SUCH GUARANTEES, REPRESENTATIONS AND WARRANTIES HEREUNDER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE ENTIRE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING THE PRODUCTS. NEITHER Phonesty NOR ITS LICENSORS UNDER NO CIRCUMSTANCES SHALL CAVUS BE LIABLE TO DEALER, ANY CUSTOMER OF DEALER OR SUPPLIERS WARRANTS THAT THE WEBSITE ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS CONSEQUENTIAL DAMAGES IN ANY LIABILITY WHATSOEVER MANNER IN CONNECTION WITH YOUR OR ARISING OUT OF THIS AGREEMENT, INCLUDING IN CONNECTION WITH THE MANUFACTURE, DISTRIBUTION, SALE OR USE OF ANY OF THE WEBSITE PRODUCTS, REGARDLESS OF THE FORM OF ACTION OR SERVICESTHE BASIS OF THE CLAIM OR WHETHER OR NOT CAVUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. ADDITIONALLYIN THE EVENT THAT CAVUS, Phonesty HAS NOT AUTHORIZED ANYONE FOR ANY REASON, SHALL BE HELD LIABLE FOR DAMAGES HEREUNDER, NOTWITHSTANDING THE FOREGOING LIMITATION, THE MAXIMUM AGGREGATE LIABILITY OF CAVUS FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO MAKE ANY WARRANTY OF ANY KIND ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT THE AGGREGATE AMOUNT ACTUALLY RECEIVED BY ANY THIRD PARTYCAVUS FROM DEALER UNDER THIS AGREEMENT FOR THE NINETY (90) DAY PERIOD PRIOR TO THE DATE THAT THE CLAIM OR ACTION FIRST AROSE.

Disclaimers; Limitation of Liability. 8.1) NO WARRANTIES PROVIDER,, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING DUE TO THE WEBSITE AND SERVICESINHERENT UNRELIABILITY OF COMMUNICATIONS NETWORKS, SPECTRIO WILL HAVE NO LIABILITY TO CLIENT OR ANY THIRD PARTY FOR ANY INTERRUPTION OF THE SPECTRIO SERVICES CAUSED BY EQUIPMENT FAILURE, NETWORK INTERRUPTION, OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF SPECTRIO. THE WEBSITE EQUIPMENT AND SPECTRIO SERVICES ARE PROVIDED "“AS IS" ” AND "“WITH ALL FAULTS.” EXCEPT AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAWEXPRESSLY STATED IN THIS MSA, PROVIDER, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL NO WARRANTIES, EXPRESS CONDITIONS, GUARANTEES, OR IMPLIEDREPRESENTATIONS (AS USED HEREIN, RELATING “WARRANTIES”) ARE MADE AS TO THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON- INFRINGEMENT, OR NONINFRINGEMENTARISING FROM A COURSE OF DEALING, TITLE, USAGE OF TRADE, OR COURSE OF PERFORMANCE OR OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. NEITHER Phonesty NOR ITS LICENSORS EACH PARTY HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY WARRANTY MADE BY THE OTHER EXCEPT AS SPECIFICALLY SET FORTH IN THIS MSA. IN NO EVENT WILL SPECTRIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SUPPLIERS WARRANTS THAT THE WEBSITE PUNITIVE DAMAGES OR SERVICES WILL MEET YOUR REQUIREMENTS FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OR THAT THE OPERATION REVENUE, OR LOSS OF DATA, HOWEVER CAUSED, WHETHER IN AN ACTION OR CLAIM ARISING IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION OR CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER OR NOT SPECTRIO HAS BEEN ADVISED OF THE WEBSITE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL SPECTRIO’S AGGREGATE LIABILITY, IF ANY, INCLUDING LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR SERVICES WILL BE UNINTERRUPTED WARRANTY, OR ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OTHERWISE, EXCEED THE FEES PAID UNDER THIS AGREEMENT FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACCRUAL OF THE WEBSITE CLAIM OR, IF THAT PERIOD IS LESS THAN TWELVE (12) MONTHS, THE AMOUNT THAT WOULD HAVE BEEN PAID OR SERVICES. ADDITIONALLY, Phonesty HAS NOT AUTHORIZED ANYONE PAYABLE HAD THE AGREEMENT BEEN IN EFFECT FOR A TWELVE (12) MONTH PERIOD PRIOR TO MAKE ANY WARRANTY THE ACCRUAL OF ANY KIND ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTYCLAIM.

Disclaimers; Limitation of Liability. 8.1) NO WARRANTIES PROVIDER,, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE." WE AND THE OWNER WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA, 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 (OR THE MAXIMUM EXTENT PERMITTED OWNERS) LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF (I) THE AMOUNT OF FEES DUE AND PAYABLE BY LAWUS TO YOU UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM AND (II) FIFTY DOLLARS ($50.00). WE SPECIFICALLY DISCLAIM, PROVIDERWITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERSUS IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS EXPRESSED OR IMPLIED, RELATING TO INCLUDING THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND NON- INFRINGEMENT. YOU AGREE THAT WE CANNOT ENSURE THAT EDITIONS OF YOUR USER GENERATED CONTENT WILL BE PROTECTED FROM THEFT OR NONINFRINGEMENT. NEITHER Phonesty NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS MISUSE OR THAT THE OPERATION OF THE WEBSITE OR SERVICES CUSTOMERS WILL BE UNINTERRUPTED OR ERROR-FREECOMPLY WITH ANY CONTENT USAGE RULES. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS ANY ONEBOOKSHELF WILL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. ADDITIONALLY, Phonesty HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY ARISING FROM A FAILURE OF ANY KIND ON ITS BEHALFSECURITY SYSTEM OR PROCEDURE OR OF ANY CUSTOMER TO COMPLY WITH ANY CONTENT USAGE RULES. WE CANNOT GUARANTEE THAT OUR SYSTEMS WILL ALWAYS BE AVAILABLE, AND WE WILL HAVE NO LIABILITY ARISING FROM SYSTEM OR PROCESS FAILURES, INTERRUPTIONS, INACCURACIES, ERRORS OR LATENCIES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTYIN ITS ENTIRETY.

Disclaimers; Limitation of Liability. 8.1) 1. NO WARRANTIES PROVIDER,TO THE FULLEST EXTENT PERMITTED BY LAW, FEEDBACK WORLDWIDE, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO REGARDING THE WEBSITE AND SERVICES, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR NONINFRINGEMENTTITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER Phonesty FEEDBACK WORLDWIDE NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-ERROR- FREE. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS ANY THE LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF FEEDBACK WORLDWIDE FOR DAMAGES ARISING OUT OF THE WEBSITE FURNISHING OF SERVICES PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, OR OTHER DEFECTS, REPRESENTATIONS, OR ARISING OUT OF THE FAILURE TO FURNISH THE SERVICES, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ADDITIONALLYFEEDBACK WORLDWIDE SHALL NOT BE LIABLE FOR ANY INDIRECT, Phonesty HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOST REVENUES), WHETHER CAUSED BY THE ACTS OR OMISSIONS OF ANY KIND ON ITS BEHALFFEEDBACK WORLDWIDE PARTIES, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTYOR FEEDBACK WORLDWIDE TELLEM USERS, OR THEIR AGENTS OR REPRESENTATIVES.

Disclaimers; Limitation of Liability. 8.1) NO WARRANTIES PROVIDER,EXCEPT FOR ANY LIMITED PERFORMANCE WARRANTY FOR END- CONSUMER PURCHASERS OF THE PRODUCTS SET FORTH IN THE CAVUS-SUPPLIED DOCUMENTATION ACCOMPANYING THE PRODUCTS (IF ANY), THE PRODUCTS AND ANY OTHER RIGHTS, GOODS, SERVICES, INTELLECTUAL PROPERTY AND/OR INFORMATION PROVIDED BY OR ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES CAVUS HEREUNDER ARE BEING PROVIDED "ON AN “AS IS" ” AND "“AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW” BASIS WITHOUT GUARANTEE, PROVIDERREPRESENTATION OR WARRANTY OF ANY KIND, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING INCLUDING AS TO THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT OR NONINFRINGEMENTARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, AND CAVUS HEREBY EXPRESSLY DISCLAIMS ALL SUCH GUARANTEES, REPRESENTATIONS AND WARRANTIES HEREUNDER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE ENTIRE SUBJECT MATTER OF THIS Cavus International, Inc. Dealer Agreement AGREEMENT, INCLUDING THE PRODUCTS. NEITHER Phonesty NOR ITS LICENSORS UNDER NO CIRCUMSTANCES SHALL CAVUS BE LIABLE TO DEALER, ANY CUSTOMER OF DEALER OR SUPPLIERS WARRANTS THAT THE WEBSITE ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PROVIDER NOR ITS LICENSORS OR SUPPLIERS HAS CONSEQUENTIAL DAMAGES IN ANY LIABILITY WHATSOEVER MANNER IN CONNECTION WITH YOUR OR ARISING OUT OF THIS AGREEMENT, INCLUDING IN CONNECTION WITH THE MANUFACTURE, DISTRIBUTION, SALE OR USE OF ANY OF THE WEBSITE PRODUCTS, REGARDLESS OF THE FORM OF ACTION OR SERVICESTHE BASIS OF THE CLAIM OR WHETHER OR NOT CAVUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. ADDITIONALLYIN THE EVENT THAT CAVUS, Phonesty HAS NOT AUTHORIZED ANYONE FOR ANY REASON, SHALL BE HELD LIABLE FOR DAMAGES HEREUNDER, NOTWITHSTANDING THE FOREGOING LIMITATION, THE MAXIMUM AGGREGATE LIABILITY OF CAVUS FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO MAKE ANY WARRANTY OF ANY KIND ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT THE AGGREGATE AMOUNT ACTUALLY RECEIVED BY ANY THIRD PARTYCAVUS FROM DEALER UNDER THIS AGREEMENT FOR THE NINETY (90) DAY PERIOD PRIOR TO THE DATE THAT THE CLAIM OR ACTION FIRST AROSE.