Common use of Disclaimers; Limitation of Liability Clause in Contracts

Disclaimers; Limitation of Liability. (a) NEITHER SPC, NOR ANY OF ITS AFFILIATES, NOR ANY SOURCES, MAKE ANY EXPRESS OR IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) WITH RESPECT TO THE S&P XXXXXXXX SERVICE OR ANY COMPONENTS THEREOF. NEITHER SPC, NOR ANY OF ITS AFFILIATES, NOR ANY SOURCES WARRANT THAT THE S&P XXXXXXXX SERVICE OR ANY OF ITS COMPONENTS WILL BE UNINTERRUPTED OR ERROR-FREE. REPRESENTATIVE EXPRESSLY AGREES THAT ITS USE AND ITS SUBSCRIBERS USE OF THE S&P XXXXXXXX SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBERS. SPC, ITS AFFILIATES, AND 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 TO 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. (a8.1) NEITHER SPCNO WARRANTIES PROVIDER,, NOR 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 OF ITS AFFILIATESAND ALL WARRANTIES, NOR ANY SOURCES, MAKE ANY EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES (INCLUDINGOF MERCHANTABILITY, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) WITH RESPECT TO THE S&P XXXXXXXX SERVICE OR ANY COMPONENTS THEREOFNONINFRINGEMENT. NEITHER SPC, Phonesty NOR ANY OF ITS AFFILIATES, NOR ANY SOURCES WARRANT LICENSORS OR SUPPLIERS WARRANTS THAT THE S&P XXXXXXXX SERVICE WEBSITE OR ANY SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF ITS COMPONENTS THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. REPRESENTATIVE EXPRESSLY AGREES THAT NEITHER PROVIDER NOR ITS USE AND ITS SUBSCRIBERS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF THE S&P XXXXXXXX SERVICE IS AT THE SOLE RISK WEBSITE OR SERVICES. ADDITIONALLY, Phonesty HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY OF REPRESENTATIVE AND ANY KIND ON ITS SUBSCRIBERS. SPC, ITS AFFILIATESBEHALF, AND ALL SOURCES INVOLVED IN CREATING OR PROVIDING THE S&P XXXXXXXX SERVICE OR YOU SHOULD NOT RELY ON ANY OF ITS COMPONENTS WILL IN NO WAY BE LIABLE TO REPRESENTATIVE OR SUCH STATEMENT BY 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 TO NET SERVICE AND USE OF TAL'S REAL TRADE ORDER ENTRY SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBERPARTY.

Disclaimers; Limitation of Liability. (a) NEITHER SPCEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NOR ANY OF ITS AFFILIATESAMI MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL WARRANTIES, NOR ANY SOURCES, MAKE ANY EXPRESS OR IMPLIED, AS TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. AMI SHALL NOT BE LIABLE FOR ANY AD, CAMPAIGN OR USE) WITH RESPECT E-MAIL, INCLUDING BUT NOT LIMITED TO THE S&P XXXXXXXX SERVICE CONTENT THEREOF, ANY UNAVAILABILITY OR INOPERABILITY OF THE INTERNET, UNAVAILABILITY OR CONSEQUENCES OF ANY AD OR CAMPAIGN, THE AMI SITE, AMI NETWORK OR SERVICES, OR ANY COMPONENTS THEREOF. NEITHER SPCTECHNICAL MALFUNCTION, NOR ANY COMPUTER ERROR, CORRUPTION OR LOSS OF ITS AFFILIATESINFORMATION RELATED TO OR ARISING OUT OF THE SERVICES, NOR ANY SOURCES WARRANT THAT THE S&P XXXXXXXX SERVICE AMI SITE, AMI NETWORK OR ANY OF ITS COMPONENTS WILL BE UNINTERRUPTED AD OR ERROR-FREECAMPAIGN. REPRESENTATIVE EXPRESSLY AGREES THAT ITS USE THE INFORMATION AND ITS SUBSCRIBERS USE OF CONTENT ON THE S&P XXXXXXXX AMI SITE AND/OR AMI NETWORK AND VIA THE SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE PROVIDED ON AN "AS IS" AND ITS SUBSCRIBERS“AS AVAILABLE” BASIS WITH NO WARRANTY. SPC, ITS AFFILIATES, AND ALL SOURCES INVOLVED IN CREATING OR PROVIDING THE S&P XXXXXXXX SERVICE OR ANY OF ITS COMPONENTS WILL IN NO WAY EVENT SHALL AMI BE LIABLE TO REPRESENTATIVE OR ANY SUBSCRIBERS OR OTHER THIRD PARTIES LIABILE FOR ANY INACCURACIESLOST PROFITS, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, IN THE SPC DATAFEED LOST REVENUES OR FOR ANY DEFECTS OR FAILURES IN THE TID HARDWARE OR THE TID SOFTWARE, OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE SPECIAL OR EXEMPLARYEXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF SPC SUCH DAMAGES ARE FORSEEABLE AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY POSSIBLITY 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 WILL AMI'S LIABILITY HEREUNDER EXCEED THE AVERAGE MONTHLY SERVICE CHARGE (AS SET FORTH PAYMENTS MADE BY ADVERTISER TO AMI IN EXHIBIT C) WHICH IS PAID THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. UNLESS OTHERWISE STATED ON THE IO, AMI DOES NOT 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 REPRESENTATIVE ADVERTISING WITH AMI OR ITS PUBLISHERS. AMI DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A USER. AMI DOES NOT GUARANTEE TO SPC DURING THE TERM 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 THIS AGREEMENTGOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND AMI'S CONTROL. REPRESENTATIVE AGREES THAT AMI WILL MAKE COAMIRCIALLY REASONABLE EFFORTS TO MEET SCHEDULED DELIVERY AND ONLINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR 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 FAILURE TO NET SERVICE AND USE OF TAL'S REAL TRADE ORDER ENTRY SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBERMEET SAID DATES.

Disclaimers; Limitation of Liability. (a) NEITHER SPCTHE WEBSITE AND PROGRAM ARE PROVIDED TO YOU ON AN “AS-IS“ AND “AS AVAILABLE“ BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. SAVVYMONEY MAKES NO, NOR ANY OF ITS AFFILIATES, NOR ANY SOURCES, MAKE ANY EXPRESS OR IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATIONAND HEREBY DISCLAIMS, ANY WARRANTY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE) PURPOSE, SATISFATORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE S&P XXXXXXXX SERVICE WEBSITE AND PROGRAM, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. SAVVYMONEY DOES NOT WARRANT THAT: (A) THE WEBSITE OR ANY COMPONENTS PROGRAM (OR THE RESULTS OBTAINED FROM THE USE THEREOF. NEITHER SPC, NOR ANY OF ITS AFFILIATES, NOR ANY SOURCES WARRANT THAT THE S&P XXXXXXXX SERVICE OR ANY OF ITS COMPONENTS ) WILL BE UNINTERRUPTED OR TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED; (B) THE WEBSITE OR PROGRAM WILL MEET YOUR REQUIREMENTS; OR (C) ANY ERRORS OR MALFUNCTIONS IN THE WEBSITE OR PROGRAM WILL BE CORRECTED. REPRESENTATIVE EXPRESSLY AGREES THAT ITS USE AND ITS SUBSCRIBERS SAVVYMONEY SHALL NOT BE LIABLE IN THE EVENT OF ANY UNAUTHORIZED ACCESS TO OR USE OF THE S&P XXXXXXXX SERVICE IS AT WEBSITE OR PROGRAM, ANY INTERRUPTION, SUSPENSION OR CESSATION OF ACCESS TO THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBERS. SPCWEBSITE OR PROGRAM, ITS AFFILIATES, AND ALL SOURCES INVOLVED IN CREATING OR PROVIDING THE S&P XXXXXXXX SERVICE OR ANY BUGS, 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 ITS COMPONENTS WILL 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 WAY EVENT BE RESPONSIBLE OR LIABLE TO REPRESENTATIVE 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 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 EXEMPLARYPORTION THEREOF, EVEN IF SPC 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) RESULTING THEREFROMFAILURES 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 LIABILITY EXISTENCE OF SPC 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 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 TO NET SERVICE AND USE OF TAL'S REAL TRADE ORDER ENTRY SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBERESSENTIAL PURPOSE.

Disclaimers; Limitation of Liability. (a) NEITHER SPC5.1 EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4, NOR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, WORK PRODUCT, AND ANY OF ITS AFFILIATES3PILLAR TECHNOLOGY PROVIDED BY 3PILLAR ARE PROVIDED “AS IS,” AND 3PILLAR DISCLAIMS ANY AND ALL OTHER PROMISES, NOR ANY SOURCESREPRESENTATIONS AND WARRANTIES, MAKE ANY WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES (INCLUDINGOF MERCHANTABILITY, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR USE) WITH RESPECT TO DATA ACCURACY. WITHOUT LIMITING THE S&P XXXXXXXX SERVICE OR ANY COMPONENTS THEREOF. NEITHER SPCGENERALITY OF THE FOREGOING, NOR ANY OF ITS AFFILIATES, NOR ANY SOURCES WARRANT 3PILLAR DOES NOT GUARANTEE THAT THE S&P XXXXXXXX SERVICE SERVICES, WORK PRODUCT OR ANY OF ITS COMPONENTS 3PILLAR TECHNOLOGY: (A) WILL BE UNINTERRUPTED OR ERROR-FREEFREE 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 CLIENT’S EXPECTATIONS, SPECIFICATIONS OR REQUIREMENTS. REPRESENTATIVE EXPRESSLY 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 USE CUSTOMERS, AND ITS SUBSCRIBERS USE 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 S&P XXXXXXXX SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBERS. SPCSERVICES, ITS AFFILIATES, AND ALL SOURCES INVOLVED IN CREATING WORK PRODUCT 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 TO NET SERVICE AND USE OF TAL'S REAL TRADE ORDER ENTRY SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBER3PILLAR TECHNOLOGY.

Disclaimers; Limitation of Liability. You 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 (acollectively, “Providers”) NEITHER SPCwarrant 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, NOR or as to the accuracy, reliability or currency of any content, information, product or service provided through the Site. THE MATERIALS AVAILABLE ON AND THROUGH THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. RMA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF 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 SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF ITS AFFILIATES, NOR ANY SOURCES, THE SITE. RMA MAY MAKE ANY EXPRESS OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR IMPLIED WARRANTIES PRICES (INCLUDINGIF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WITHOUT LIMITATIONIN NO EVENT SHALL RMA BE LIABLE FOR ANY TELECOMMUNICATION SERVICE PROVIDERS, THE INTERNET BACKBONE, ANY WARRANTY ACTIVITIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) WITH RESPECT TO THE S&P XXXXXXXX SERVICE HACKERS OR ANY COMPONENTS THEREOF. NEITHER SPCNEFARIOUS OR CRIMINAL ACTIVITIES, NOR ANY INTERNET SERVERS, END USER'S COMPUTERS, LOSS OR INACCURACY OF ITS AFFILIATESDATA, NOR ANY SOURCES WARRANT THAT THE S&P XXXXXXXX SERVICE LOSS OF PROFITS OR REVENUE, LOSS OF GOODWILL, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTIONS OF BUSINESS, OUT-OF-POCKET EXPENSES OR ANY OF ITS COMPONENTS WILL BE UNINTERRUPTED DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR ERROR-FREE. REPRESENTATIVE EXPRESSLY AGREES THAT ITS USE AND ITS SUBSCRIBERS USE OF THE S&P XXXXXXXX SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBERS. SPC, ITS AFFILIATES, AND 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 OMISSIONSINCIDENTAL DAMAGE, REGARDLESS OF CAUSE, IN THE SPC DATAFEED WHETHER SUCH DAMAGES WERE FORESEEABLE 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 RMA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING THEREFROM. THE LIABILITY OF SPC AND ITS AFFILIATES IN ANY AND ALL CATEGORIESDAMAGES OR WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, WHETHER ARISING FROM CONTRACTTORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, NEGLIGENCESTATUTORY RIGHTS OR ANY OTHER BASIS ARISING OUT OF, OR OTHERWISE SHALLCONNECTED WITH THIS AGREEMENT OR THE SITE, PRODUCT, DOCUMENTATION, OR SERVICES FURNISHED HEREUNDER. IN THE AGGREGATEEVENT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE VOID OR NOT EFFECTIVE, 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 END-USER AGREES THAT ITS USE AND ITS SUBSCRIBERS USE OF TAL REAL TRADE ORDER ENTRY SERVICE THE TOTAL LIABILITY TO END-USER UNDER THIS AGREEMENT SHALL IN NO WAY BE AFFILIATED WITH S&P XXXXXXXX AND ITS XXXXXXXX ON CASE EXCEED THE FEES PAID TO NET SERVICE AND RMA BY END-USER UNDER THIS AGREEMENT IN THE YEAR IN WHICH THE ACT OR INJURY THAT GAVE RISE TO THE LIABILITY OCCURRED. END-USER AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF TAL'S REAL TRADE ORDER ENTRY SERVICE IS AT THE SOLE RISK SITE, THE PRODUCT, OR THE DOCUMENTATION MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF REPRESENTATIVE AND ITS SUBSCRIBERACTION ACCRUES, OR BE FOREVER BARRED.

Disclaimers; Limitation of Liability. (a) NEITHER SPC, NOR ANY OF ITS AFFILIATES, NOR ANY SOURCES, MAKE ANY EXPRESS OR IMPLIED WARRANTIES (INCLUDING, a)NO WARRANTIES. WITHOUT LIMITATION, ANY WARRANTY 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 MERCHANTABILITY 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 EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, 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 USE) WITH RESPECT TITLE, IN ADDITION TO THE S&P XXXXXXXX SERVICE ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR ANY COMPONENTS THEREOFTRADE PRACTICE. NEITHER SPC, IM NOR ANY OF ITS AFFILIATES, NOR ANY SOURCES WARRANT LICENSORS OR SUPPLIERS WARRANTS THAT THE S&P XXXXXXXX SERVICE WEBSITE OR ANY THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF ITS COMPONENTS THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-ERROR- FREE. REPRESENTATIVE EXPRESSLY AGREES THAT ITS USE AND ITS SUBSCRIBERS USE OF THE S&P XXXXXXXX SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBERS. SPC, ITS AFFILIATES, AND 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 CATEGORIESIM FOR DAMAGES ARISING OUT OF THE 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 ARISING FROM CONTRACT, WARRANTY, NEGLIGENCECAUSED BY ACTS OF COMMISSION OR OMISSION, OR OTHERWISE SHALLANY OTHER DAMAGE OCCURRING, IN SHALL BE LIMITED TO THE AGGREGATEMAXIMUM EXTENT PERMITTED BY LAW. IM SHALL NOT BE LIABLE FOR ANY INDIRECT, IN NO EVENT EXCEED INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOST REVENUES), WHETHER CAUSED BY THE AVERAGE MONTHLY SERVICE CHARGE (AS SET FORTH IN EXHIBIT C) WHICH IS PAID BY REPRESENTATIVE TO SPC DURING THE TERM ACTS OR OMISSIONS 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 TO NET SERVICE AND USE OF TAL'S REAL TRADE ORDER ENTRY SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBERIM, IM PARTIES, OR IM USERS, OR THEIR AGENTS OR REPRESENTATIVES.

Disclaimers; Limitation of Liability. (a) NEITHER SPC, NOR ANY OF ITS AFFILIATES, NOR ANY SOURCES, MAKE ANY THE SERVICE IS PROVIDED "AS IS" AND OPTIVON MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS TO CUSTOMER REGARDING THE SERVICE, ITS USE, CONDITION OR OPERATION. OPTIVON MAKES NO WARRANTY WHATSOEVER THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. OPTIVON EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES (INCLUDINGINCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, WITHOUT LIMITATIONTITLE, ANY WARRANTY OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. OPTIVON SHALL NOT BE LIABLE FOR ANY ACTS, ERRORS, OR USE) WITH RESPECT OMISSIONS BY IT OR ITS EMPLOYEES OR AGENTS, EXCEPT FOR CONDUCT CONSTITUTING GROSS NEGLIGENCE. IN ANY EVENT OPTIVON'S SOLE LIABILITY HEREUNDER TO THE S&P XXXXXXXX SERVICE 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 OPTIVON NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OPTIVON'S OR CUSTOMER'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 COMPONENTS THEREOFOTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF OPTIVON'S OR ITS VENDORS' NEGLIGENCE. NEITHER SPC, OPTIVON NOR ANY OF ITS AFFILIATES, NOR ANY SOURCES WARRANT THAT THE S&P XXXXXXXX SERVICE OR ANY OF ITS COMPONENTS VENDORS WILL BE UNINTERRUPTED LIABLE FOR MALFUNCTIONS OR ERROR-FREEFAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN OPTIVON. REPRESENTATIVE EXPRESSLY AGREES THAT NEITHER OPTIVON NOR ITS USE AND ITS SUBSCRIBERS VENDORS WILL BE LIABLE FOR DELAYS OR INTERUPTIONS IN ACCESS TO OR USE OF THE S&P XXXXXXXX SERVICE IS AT SERVICES RESULTING FROM CUSTOMER'S EQUIPMENT, USE OF THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBERS. SPCINTERNET, ITS AFFILIATESOR TELECOMMUNICATIONS SYSTEMS NOT UNDER OPTIVON'S CONTROL, AND ALL SOURCES INVOLVED IN CREATING OR PROVIDING THE S&P XXXXXXXX SERVICE OR ANY OF ITS COMPONENTS WILL IN OPTIVON SHALL HAVE NO WAY BE LIABLE TO REPRESENTATIVE OR ANY SUBSCRIBERS OR OTHER THIRD PARTIES LIABILITY FOR ANY INACCURACIES, ERRORS SUCH DELAYS OR OMISSIONS, REGARDLESS OF CAUSE, IN INTERRUPTIONS. NOTWITHSTANDING 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 AGGREGATEABOVE, IN NO EVENT EXCEED SHALL OPTIVON OR ITS EMPLOYEES OR AGENTS BE LIABLE TO THE AVERAGE MONTHLY CUSTOMER FOR: (A) ANY 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 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 TO NET SERVICE AND USE OF TAL'S REAL TRADE ORDER ENTRY SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBER.PERSONNEL THROUGH THE

Disclaimers; Limitation of Liability. TO THE EXTENT ALLOWED UNDER LAW, WE (aAND THOSE THAT WE WORK WITH TO PROVIDE THE SERVICES) NEITHER SPC, NOR ANY OF ITS AFFILIATES, NOR ANY SOURCES, MAKE ANY EXPRESS OR (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (INCLUDINGE.G. WARRANTIES OF MERCHANTABILITY, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR USEERRORS, AND (C) WITH RESPECT 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 S&P XXXXXXXX SERVICE OR ANY COMPONENTS THEREOF. NEITHER SPCEXTENT PERMITTED UNDER LAW (AND UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), NOR ANY OF ITS AFFILIATES, NOR ANY SOURCES WARRANT WE (AND THOSE THAT WE WORK WITH TO PROVIDE THE S&P XXXXXXXX SERVICE OR ANY OF ITS COMPONENTS WILL BE UNINTERRUPTED OR ERROR-FREE. REPRESENTATIVE EXPRESSLY AGREES THAT ITS USE AND ITS SUBSCRIBERS USE OF THE S&P XXXXXXXX SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBERS. SPC, ITS AFFILIATES, AND ALL SOURCES INVOLVED IN CREATING OR PROVIDING THE S&P XXXXXXXX SERVICE OR ANY OF ITS COMPONENTS WILL IN NO WAY SERVICES) SHALL NOT BE LIABLE TO REPRESENTATIVE YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY SUBSCRIBERS LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR OTHER THIRD PARTIES FOR ANY INACCURACIESREVENUES, ERRORS RELATED TO THE SERVICES (E.G. OFFENSIVE OR OMISSIONSDEFAMATORY STATEMENTS, REGARDLESS OF CAUSEDOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL OUR LIABILITY (AND THOSE THAT WE WORK WITH TO PROVIDE THE SERVICES) EXCEED, IN THE SPC DATAFEED 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 ANY DEFECTS OR FAILURES IN THE TID HARDWARE OR THE TID SOFTWAREA PREMIUM SERVICE, IF ANY, OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECTB) USD 5,000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, OR CONSEQUENTIALTORT, PUNITIVE OR EXEMPLARYNEGLIGENCE, CONTRACT, LAW) AND EVEN IF SPC HAS WE HAVE BEEN ADVISED TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGES) RESULTING THEREFROMDAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIABILITY LIMITATION OR EXCLUSION OF SPC AND ITS AFFILIATES IN ANY AND ALL CATEGORIESLIABILITY, 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 SO THESE LIMITS MAY NOT APPLY 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 TO NET SERVICE AND USE OF TAL'S REAL TRADE ORDER ENTRY SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBERYOU.

Disclaimers; Limitation of Liability. EXCEPT FOR THE COMPANY’S LIMITED AND EXPLICIT PROMISE UNDER SECTION 6 TO PROCESS PAYMENTS: (aA) NEITHER SPCTHE COMPANY MAKES NO REPRESENTATIONS, NOR WARRANTIES OR OTHER COVENANTS TO THE 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 ITS AFFILIATESANY KIND. THE COMPANY HEREBY EXPLICITLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, NOR ANY SOURCES, MAKE ANY EITHER EXPRESS OR IMPLIED WARRANTIES IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY: (INCLUDING, WITHOUT LIMITATION, ANY A) WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE; OR USE(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 COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE S&P XXXXXXXX SERVICE ANY PRODUCTS OR SERVICES OF ANY HOST, OPERATORS OR ANY COMPONENTS THEREOF. NEITHER SPCOTHER THIRD PARTY, NOR INCLUDING WITHOUT LIMITATION ANY OF ITS AFFILIATESTHE FOLLOWING WITH REGARD TO THE FOREGOING: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, NOR COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. FOR PURPOSES OF THIS SECTION 16, THESE THIRD PARTY PRODUCTS AND SERVICES INCLUDE PRODUCTS OR SERVICES OF HOSTS OR OPERATORS. WITHOUT LIMITATION THE GENERALITY OF ANY SOURCES WARRANT THAT OTHER PROVISION IN THIS SECTION 16, AND FOR THE S&P XXXXXXXX SERVICE OR ANY AVOIDANCE OF ITS COMPONENTS WILL BE UNINTERRUPTED OR ERROR-FREE. REPRESENTATIVE EXPRESSLY DOUBT, EACH HOST HEREBY ACKNOWLEDGES AND AGREES THAT ITS USE THAT: (A) THE SOLE AND ITS SUBSCRIBERS USE EXCLUSIVE RESPONSIBILITY AND LIABILITY OF THE S&P XXXXXXXX SERVICE IS AT COMPANY RELATED TO OR ARISING OUT OF THE SOLE RISK TRIP SERVICES SHALL BE LIMITED TO THE COMPANY’S PROCESSING OF REPRESENTATIVE THE TRIP PAYMENTS TO THE APPROPRIATE THIRD PARTY PURSUANT TO THE TERMS AND ITS SUBSCRIBERS. SPC, ITS AFFILIATESCONDITIONS OF THE PARTICULAR TRIP; AND (B) ALL OTHER SERVICES RELATED TO OR ARISING OUT OF THE TRIP, AND ALL SOURCES INVOLVED IN CREATING OR PROVIDING OBLIGATIONS RELATED THERETO, ARE SOLELY AND EXCLUSIVELY THE S&P XXXXXXXX SERVICE OR ANY RESPONSIBILITY AND LIABILITY OF ITS COMPONENTS WILL IN NO WAY BE LIABLE TO REPRESENTATIVE OR ANY SUBSCRIBERS THE OPERATOR, HOST OR OTHER THIRD PARTIES PROVIDING SUCH SERVICE AND ARE NOT THE RESPONSIBILITY OR LIABILITY OF THE COMPANY. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INACCURACIESINJURY, ERRORS PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OMISSIONSOTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF CAUSE, IN WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT 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 COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING THEREFROM, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF SPC AND ITS AFFILIATES IN ANY AND ALL CATEGORIESOR RELATED TO THIS AGREEMENT, WHETHER ARISING FROM OUT OF OR RELATED TO BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE SHALLOTHERWISE, IN THE AGGREGATE, IN NO EVENT EXCEED THE AVERAGE MONTHLY SERVICE CHARGE (AS SET FORTH IN EXHIBIT C) WHICH IS TOTAL OF THE AMOUNTS 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 TO NET SERVICE AND USE OF TAL'S REAL TRADE ORDER ENTRY SERVICE IS AT HOST FOR THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBERTRIP.