Common use of DISCLAIMERS, LIMITATIONS AND RESERVATIONS Clause in Contracts

DISCLAIMERS, LIMITATIONS AND RESERVATIONS. 12.1. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, GEOCITIES DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE GEOCITIES SITE, GEOCITIES' SERVICES OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GEOCITIES SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE AMOUNT OF SALES REVENUE THAT XXXXXX.XXX MAY RECEIVE DURING THE TERM, AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT XXXXXX.XXX MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. 12.2. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, XXXXXX.XXX DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE XXXXX.XXX SITE, XXXXXX.XXX'S SERVICES OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XXXXXX.XXX SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE AMOUNT OF SALES REVENUES THAT MAY OCCUR DURING THE TERM, AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT GEOCITIES MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT.

DISCLAIMERS, LIMITATIONS AND RESERVATIONS. 12.1. 12.1 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, GEOCITIES DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE GEOCITIES SITE, GEOCITIES' SERVICES OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GEOCITIES SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE AMOUNT OF SALES REVENUE THAT XXXXXX.XXX CDNOW MAY RECEIVE DURING THE TERM, AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT XXXXXX.XXX CDNOW MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. [***] Confidential treatment requested for redacted portion. 12.2. 12.2 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, XXXXXX.XXX CDNOW DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE XXXXX.XXX CDNOW SITE, XXXXXX.XXXCDNOW'S SERVICES OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XXXXXX.XXX CDNOW SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE AMOUNT OF SALES REVENUES THAT MAY OCCUR DURING THE TERM, AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT GEOCITIES MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. 12.3 NEITHER CDNOW NOR GEOCITIES WILL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. EACH PARTY'S ENTIRE LIABILITY ARISING FROM THIS AGREEMENT (EXCEPT FOR LIABILITIES ARISING UNDER SECTION 9 OR RESULTING FROM THE PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS TO BE PAID BY CDNOW UNDER SECTION 5. 12.4 CDnow will remain solely responsible for the operation of the CDnow Site, and GeoCities will remain solely responsible for the operation of the GeoCities Site. Each Party: acknowledges that the CDnow Site and the GeoCities Site may be subject to temporary shutdowns due to causes beyond the operating Party's reasonable control; and (b) subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site.

DISCLAIMERS, LIMITATIONS AND RESERVATIONS. 12.1. 14.1 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, GEOCITIES DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE GEOCITIES SITE, GEOCITIES' SERVICES OR ANY PORTION [***] Confidential treatment requested for redacted portion. THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GEOCITIES SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE AMOUNT OF SALES REVENUE THAT XXXXXX.XXX FCCSU-LLC MAY RECEIVE DURING THE TERM, AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT XXXXXX.XXX FCCSU-LLC MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. 12.2. 14.2 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, XXXXXX.XXX FCCSU-LLC DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE XXXXX.XXX FUSA SITE, XXXXXX.XXXFCCSU-LLC'S SERVICES OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XXXXXX.XXX FCCSU-LLC SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE AMOUNT OF SALES REVENUES THAT MAY OCCUR DURING THE TERM, AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT GEOCITIES MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. 14.3 NEITHER FCCSU-LLC NOR GEOCITIES WILL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. EACH PARTY'S ENTIRE LIABILITY ARISING FROM THIS AGREEMENT (EXCEPT FOR LIABILITIES ARISING UNDER SECTION 11 OR RESULTING FROM THE PARTY'S WILLFUL MISCONDUCT), WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID. 14.4 FCCSU-LLC will remain solely responsible for the operation of the FUSA Site, and GeoCities will remain solely responsible for the operation of the GeoCities Site. Each Party (a) acknowledges that the FUSA Site and the GeoCities Site may be subject to temporary shutdowns due to causes beyond the operating Party's reasonable control, and (b) subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site. If temporary shutdowns due to causes beyond the operating Party's reasonable control continue for a period of five (5) business days or more, then the term of this Agreement shall be extended for a period of time equal to the time lost.

DISCLAIMERS, LIMITATIONS AND RESERVATIONS. 12.1. (a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT, GEOCITIES DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING IN RELATION TO THE GEOCITIES SITECOMMITTED XRP OR PURCHASED XRP, GEOCITIES' SERVICES THIS AGREEMENT OR ANY PORTION THEREOFITS PERFORMANCE HEREUNDER, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING PURCHASER SHALL HAVE NO RECOURSE AGAINST COMPANY, ITS AFFILIATES, EMPLOYEES, DIRECTORS, OR OFFICERS FOR ANY LIABILITIES OF ANY TYPE INCURRED BY PURCHASER AND/OR ITS AFFILIATES AS A RESULT OF ITS PURCHASE, USE, RESALE, OR DISTRIBUTION OF XRP, INCLUDING THE GENERALITY MATERIALIZATION OF ANY OF THE FOREGOING, GEOCITIES SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE AMOUNT OF SALES REVENUE THAT XXXXXX.XXX MAY RECEIVE DURING THE TERM, AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT XXXXXX.XXX MIGHT OBTAIN THROUGH ITS PARTICIPATION RISKS IN THIS AGREEMENTSECTION 7. 12.2. EXCEPT AS EXPRESSLY PROVIDED (b) IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO PURCHASER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, PUNITIVE, HYBRID, ENHANCED OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS OR LOST BUSINESS OPPORTUNITIES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, XXXXXX.XXX DOES NOT MAKEEVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND HEREBY DISCLAIMSNOTWITHSTANDING THE FAILURE OF ANY AGREED REMEDY OR ITS ESSENTIAL PURPOSE. THE COMPANY, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE XXXXX.XXX SITEITS AFFILIATES, XXXXXX.XXX'S SERVICES OR ANY PORTION THEREOFOF THEIR RESPECTIVE OFFICERS, INCLUDING DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES’ ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL IN NO EVENT EXCEED $100,000. (WITHOUT LIMITATIONc) IMPLIED WARRANTIES THE MONETARY AUTHORITY OF MERCHANTABILITY OR FITNESS FOR SINGAPORE (“MAS”) REQUIRES THE COMPANY TO PROVIDE THIS RISK WARNING TO YOU AS A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY CUSTOMER OF THE FOREGOINGCOMPANY AS A DIGITAL PAYMENT TOKEN (DPT) SERVICE PROVIDER. FOR THE PURPOSE OF THIS CLAUSE 5, XXXXXX.XXX SPECIFICALLY DISCLAIMS DPT SERVICE PROVIDER REFERS TO THE COMPANY. BEFORE YOU PAY YOUR DPT SERVICE PROVIDER ANY REPRESENTATION MONEY OR WARRANTY REGARDING (A) DPT, YOU SHOULD BE AWARE OF THE AMOUNT FOLLOWING: i. YOUR DPT SERVICE PROVIDER IS EXEMPTED BY MAS FROM HOLDING A LICENCE TO PROVIDE DPT SERVICES. PLEASE NOTE THAT YOU MAY NOT BE ABLE TO RECOVER ALL THE MONEY OR DPTS YOU PAID TO YOUR DPT SERVICE PROVIDER IF YOUR DPT SERVICE PROVIDER’S BUSINESS FAILS. ii. YOU SHOULD NOT TRANSACT IN THE DPT IF YOU ARE NOT FAMILIAR WITH THIS DPT. TRANSACTING IN DPTS MAY NOT BE SUITABLE FOR YOU IF YOU ARE NOT FAMILIAR WITH THE TECHNOLOGY THAT DPT SERVICES ARE PROVIDED. iii. YOU SHOULD BE AWARE THAT THE VALUE OF SALES REVENUES THAT DPTS MAY OCCUR DURING FLUCTUATE GREATLY. YOU SHOULD BUY DPTS ONLY IF YOU ARE PREPARED TO ACCEPT THE TERM, AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT GEOCITIES MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENTRISK OF LOSING ALL OF THE MONEY YOU PUT INTO SUCH TOKENS.

DISCLAIMERS, LIMITATIONS AND RESERVATIONS. 12.1. 12.1 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, GEOCITIES DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE GEOCITIES SITE, GEOCITIES' SERVICES OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GEOCITIES SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE AMOUNT OF SALES REVENUE THAT XXXXXX.XXX CDNOW MAY RECEIVE DURING THE TERM, AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT XXXXXX.XXX CDNOW MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. 12.2. 12.2 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, XXXXXX.XXX CDNOW DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE XXXXX.XXX CDNOW SITE, XXXXXX.XXXCDNOW'S SERVICES OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XXXXXX.XXX CDNOW SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE AMOUNT OF SALES REVENUES THAT MAY OCCUR DURING THE TERM, AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT GEOCITIES MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. 12.3 NEITHER CDNOW NOR GEOCITIES WILL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. EACH PARTY'S ENTIRE LIABILITY ARISING FROM THIS AGREEMENT (EXCEPT FOR LIABILITIES ARISING UNDER SECTION 9 OR RESULTING FROM THE PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS TO BE PAID BY CDNOW UNDER SECTION 5. 12.4 CDnow will remain solely responsible for the operation of the CDnow Site, and GeoCities will remain solely responsible for the operation of the GeoCities Site. Each Party: (a) acknowledges that the CDnow Site and the GeoCities Site may be subject to temporary [Confidential treatment requested for redacted portions of document] shutdowns due to causes beyond the operating Party's reasonable control; and (b) subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site.

DISCLAIMERS, LIMITATIONS AND RESERVATIONS. 12.1. (a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED SET FORTH IN THIS AGREEMENT, GEOCITIES DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING IN RELATION TO THE GEOCITIES SITECOMMITTED OR PURCHASED XRP, GEOCITIES' SERVICES THIS AGREEMENT OR ANY PORTION THEREOFITS PERFORMANCE HEREUNDER, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING PURCHASER SHALL HAVE NO RECOURSE AGAINST COMPANY, ITS AFFILIATES, EMPLOYEES, DIRECTORS, OR OFFICERS FOR ANY LIABILITIES OF ANY TYPE INCURRED BY PURCHASER AND/OR ITS AFFILIATES AS A RESULT OF ITS USE, RESALE, OR DISTRIBUTION OF XRP, INCLUDING THE GENERALITY MATERIALIZATION OF ANY OF THE FOREGOING, GEOCITIES SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE AMOUNT OF SALES REVENUE THAT XXXXXX.XXX MAY RECEIVE DURING THE TERM, AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT XXXXXX.XXX MIGHT OBTAIN THROUGH ITS PARTICIPATION RISKS IN THIS AGREEMENTSECTION 7. 12.2. EXCEPT AS EXPRESSLY PROVIDED (b) IN NO EVENT SHALL A PARTY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO PURCHASER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, PUNITIVE, HYBRID, ENHANCED OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS OR LOST BUSINESS OPPORTUNITIES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, XXXXXX.XXX DOES NOT MAKEEVEN IF THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND HEREBY DISCLAIMSNOTWITHSTANDING THE FAILURE OF ANY AGREED REMEDY OR ITS ESSENTIAL PURPOSE. THE COMPANY, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE XXXXX.XXX SITEITS AFFILIATES, XXXXXX.XXX'S SERVICES OR ANY PORTION THEREOFOF THEIR RESPECTIVE OFFICERS, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES’ ENTIRE LIABILITY ARISING OUT OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEIN CONNECTION WITH THIS AGREEMENT WILL IN NO EVENT EXCEED THE AGGREGATE PURCHASE PRICE PAID BY PURCHASER UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XXXXXX.XXX SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE AMOUNT OF SALES REVENUES THAT MAY OCCUR DURING THE TERM, AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT GEOCITIES MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT.Confidential- RIPPLE XRPII

DISCLAIMERS, LIMITATIONS AND RESERVATIONS. 12.1. 13.1 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, GEOCITIES DOES THE PARTIES HERETO DO NOT MAKE, AND HEREBY DISCLAIMSDISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE GEOCITIES SITE, GEOCITIES' SERVICES TO BE PROVIDED PURSUANT HERETO OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GEOCITIES THE PARTIES HERETO SPECIFICALLY DISCLAIMS DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING (A) THE AMOUNT OF SALES REVENUE THAT XXXXXX.XXX THE OTHER PARTY HERETO MAY RECEIVE DURING THE TERM, AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT XXXXXX.XXX THE OTHER PARTY HERETO MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. 12.2. EXCEPT AS EXPRESSLY PROVIDED IN 13.2 NO PARTY WILL BE LIABLE TO ANY OTHER PARTY FOR CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. IN NO EVENT WILL EITHER PARTY'S TOTAL LIABILITY TO THE OTHER PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED $1,000. 13.3 Stockwalk will be solely responsible for the operation of the Stockwalk Services and subject to the specific terms of this Agreement, XXXXXX.XXX DOES NOT MAKEshall retain sole right and control over the programming, AND HEREBY DISCLAIMScontent and conduct of transactions occurring on the Co-Branded Site, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE XXXXX.XXX SITE, XXXXXX.XXX'S SERVICES OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XXXXXX.XXX SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE AMOUNT OF SALES REVENUES THAT MAY OCCUR DURING THE TERM, AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT GEOCITIES MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENTexcept for the Exterior Page Frames.

DISCLAIMERS, LIMITATIONS AND RESERVATIONS. 12.1. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS THE AGREEMENT, GEOCITIES DOES NOT MAKE, AND HEREBY DISCLAIMS, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING IN RELATION TO THE GEOCITIES SITEAGREEMENT, GEOCITIES' SERVICES ANY WEBSITES OWNED OR ANY PORTION THEREOFOPERATED BY IT OR ITS PERFORMANCE HEREUNDER, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY EXCEPT FOR AMOUNTS ARISING OUT OF (1) A PARTY’S DEFENSE AND INDEMNITY OBLIGATIONS UNDER SECTION 6 AND/OR (2) A PARTY’S’ BREACH OF THE FOREGOINGITS CONFIDENTIALITY OR PRIVACY OBLIGATIONS, GEOCITIES SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) NEITHER PARTY IS LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) TO THE AMOUNT OTHER FOR LOSS OF SALES REVENUE THAT XXXXXX.XXX MAY RECEIVE DURING PROFIT, REVENUE, BUSINESS, FUTURE OPPORTUNITIES, OR FOR ANY INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE TERMAGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT XXXXXX.XXX MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. 12.2. EXCEPT AS EXPRESSLY PROVIDED IN THIS TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL LIABILITY UNDER THE AGREEMENT, XXXXXX.XXX DOES NOT MAKEFOR WHATEVER CAUSE, WHETHER IN AN ACTION IN CONTRACT OR IN TORT OR OTHERWISE, WILL BE LIMITED TO GENERAL MONEY DAMAGES AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE XXXXX.XXX SITE, XXXXXX.XXX'S SERVICES OR ANY PORTION THEREOF, INCLUDING WILL IN NO EVENT EXCEED AN AMOUNT EQUAL TO FIFTY THOUSAND DOLLARS (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XXXXXX.XXX SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE AMOUNT OF SALES REVENUES THAT MAY OCCUR DURING THE TERM, AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT GEOCITIES MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT$50,000).