Common use of Disclaimers Limitations of Liability Clause in Contracts

Disclaimers Limitations of Liability. BUYER IS LICENSING THE SPACES AND ENTERING ON TO THE PREMISES TO ACCESS SUCH SPACES ON AN “AS-IS” AND “WHERE-IS” BASIS, AND BUYER CONFIRMS THAT, NONE OF THE SUPPLIER PARTIES OR SECURSPACE HAVE MADE, AND ARE NOT MAKING, ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING OR WITH RESPECT TO THE PREMISES OR THE SPACES, INCLUDING THEIR PHYSICAL OR ENVIRONMENTAL CONDITION, SECURITY FEATURES, THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, THE REQUIREMENTS OF ANY APPLICABLE LAWS OR THE SUITABILITY OF THE SPACES OR PREMISES FOR DEPOSIT OF BUYER’S ASSETS OR ANY OTHER PERMITTED USE HEREUNDER. THE PARTIES HERETO AGREE THAT (I) SECURSPACE IS NOT A PARTY TO THIS RESERVATION AGREEMENT OR ANY OTHER AGREEMENTS ENTERED INTO BETWEEN SUPPLIERS AND BUYERS; (II) SECURSPACE IS NOT A REAL ESTATE BROKER, AGENT OR INSURER; (III) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF SUPPLIERS, BUYERS, SPACES, OR OTHER BUYERS OF THE PLATFORM; AND (IV) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES AGREE THAT SECURSPACE HAS NO CONTROL OVER THE CONTENT CONTAINED IN ANY SUPPLIER PROFILE; THEREFORE THE PARTIES AGREE THAT SECURSPACE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES OR ASSETS. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL, LIABILITY RELATED TO THE FAILURE OF, OR DELAY BY, SECURSPACE TO PROVIDE CONTACT INFORMATION TO A REQUESTING PARTY FOR ANOTHER PARTY FOR NOTICES BY OR BETWEEN SUPPLIER AND BUYER, ANY AND ALL PROFILES, SPACES, PREMISES OR ASSETS. ANY PROFILES, RESERVATIONS OR USE OF THE SPACES/PREMISES ARE MADE, USED, OR ACCEPTED AT THE MEMBER’S OWN RISK. THE PARTIES ACKNOWLEDGE AND AGREE THAT (I) SECURSPACE IS NOT A PARTY TO ANY TRANSACTIONS ENTERED INTO BETWEEN SUPPLIERS OR BUYERS WITH STRIPE, DWOLLA OR OTHER PREFERRED PAYMENT OR PAYOUT VENDORS OR PROVIDERS, INCLUDING BUT NOT LIMITED TO CREDIT CARD VENDORS OR DEBIT CARD VENDORS; (II) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF STRIPE, DWOLLA, CREDIT CARD OR DEBIT CARD VENDORS OR PROCESSORS, AND (III) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE DOES NOT INSPECT, REVIEW OR VERIFY THE PROFILES, THE SPACES OR ANY REPRESENTATIONS OR WARRANTIES MADE BY THE SUPPLIERS, BUYERS OR ANY MEMBERS. EVEN IF SECURSPACE DOES ACTUALLY PERFORM ANY OF THESE TASKS, IT DOES SO FOR ITS OWN CONVENIENCE AND INFORMATION, DOES NOT DO SO FOR THE BENEFIT OF ANY MEMBER AND DOES NOT OWE A DUTY TO ANY MEMBER TO DISCLOSE ITS FINDINGS TO ANY MEMBER. YOU ARE RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS AND SECURSPACE ACCEPTS NO LIABILITY WITH RESPECT THERETO. THE PARTIES ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, SECURSPACE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE SECURSPACE PARTIES BE LIABLE FOR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE SPACES, THE PREMISES, PROFILES, ASSETS, USE OF ANY OF THE FOREGOING, USE OF THE PLATFORM, OR INTERACTIONS WITH ANY OTHER MEMBERS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE PARTIES AGREE THAT IN NO EVENT WILL THE SECURSPACE PARTIES BE LIABLE, IN THE AGGREGATE, FOR LOSSES OF ANY KIND EXCEEDING THE SUM OF ONE HUNDRED DOLLARS ($100.00). EACH OF THE PARTIES ACKNOWLEDGES AND AGREES THAT SECURSPACE WOULD NOT HAVE PROVIDED THE PLATFORM FOR YOUR USE IN THE ABSENCE OF THIS LIMITATION OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SECURSPACE IS AN EXPRESS THIRD PARTY BENEFICIARY OF THIS AGREEMENT (INCLUDING THIS SECTION 19) AND THIS SECTION 19 MAY NOT BE MODIFIED OR ABROGATED TO REDUCE ANY PROTECTIONS TO SECURSPACE WITHOUT SECURSPACE’S PRIOR WRITTEN CONSENT, WHICH MAY BE WITHHELD IN SECURSPACE’S SOLE AND ABSOLUTE DISCRETION.

Disclaimers Limitations of Liability. BUYER IS LICENSING THE SPACES AND ENTERING ON TO THE PREMISES TO ACCESS SUCH SPACES ON AN “AS-IS” AND “WHERE-IS” BASIS, AND BUYER CONFIRMS THAT, NONE OF THE SUPPLIER PARTIES OR SECURSPACE HAVE MADE, AND ARE NOT MAKING, ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING OR WITH RESPECT TO THE PREMISES OR THE SPACES, INCLUDING THEIR PHYSICAL OR ENVIRONMENTAL CONDITION, SECURITY FEATURES, THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, THE REQUIREMENTS OF ANY APPLICABLE LAWS OR THE SUITABILITY OF THE SPACES OR PREMISES FOR DEPOSIT OF BUYER’S ASSETS OR ANY OTHER PERMITTED USE HEREUNDER. THE PARTIES HERETO AGREE THAT (I) SECURSPACE IS NOT A PARTY TO THIS RESERVATION AGREEMENT OR ANY OTHER AGREEMENTS ENTERED INTO BETWEEN SUPPLIERS AND BUYERS; (II) SECURSPACE IS NOT A REAL ESTATE BROKER, AGENT OR INSURER; (III) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF SUPPLIERS, BUYERS, SPACES, OR OTHER BUYERS OF THE PLATFORM; AND (IV) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES AGREE THAT SECURSPACE HAS NO CONTROL OVER THE CONTENT CONTAINED IN ANY SUPPLIER PROFILE; THEREFORE THE PARTIES AGREE THAT SECURSPACE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES OR ASSETS. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL, LIABILITY RELATED TO THE FAILURE OF, OR DELAY BY, SECURSPACE TO PROVIDE CONTACT INFORMATION TO A REQUESTING PARTY FOR ANOTHER PARTY FOR NOTICES BY OR BETWEEN SUPPLIER AND BUYER, ANY AND ALL PROFILES, SPACES, PREMISES OR ASSETS. ANY PROFILES, RESERVATIONS OR USE OF THE SPACES/PREMISES ARE MADE, USED, OR ACCEPTED AT THE MEMBER’S OWN RISK. THE PARTIES ACKNOWLEDGE AND AGREE THAT (I) SECURSPACE IS NOT A PARTY TO ANY TRANSACTIONS ENTERED INTO BETWEEN SUPPLIERS OR BUYERS WITH STRIPE, DWOLLA STRIPE OR OTHER PREFERRED PAYMENT OR PAYOUT VENDORS OR PROVIDERS, INCLUDING BUT NOT LIMITED TO CREDIT CARD VENDORS OR DEBIT CARD VENDORS; (II) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF STRIPE, DWOLLA, CREDIT CARD OR DEBIT CARD VENDORS OR PROCESSORS, AND (III) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE DOES NOT INSPECT, REVIEW OR VERIFY THE PROFILES, THE SPACES OR ANY REPRESENTATIONS OR WARRANTIES MADE BY THE SUPPLIERS, BUYERS OR ANY MEMBERS. EVEN IF SECURSPACE DOES ACTUALLY PERFORM ANY OF THESE TASKS, IT DOES SO FOR ITS OWN CONVENIENCE AND INFORMATION, DOES NOT DO SO FOR THE BENEFIT OF ANY MEMBER AND DOES NOT OWE A DUTY TO ANY MEMBER TO DISCLOSE ITS FINDINGS TO ANY MEMBER. YOU ARE RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS AND SECURSPACE ACCEPTS NO LIABILITY WITH RESPECT THERETO. THE PARTIES ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, SECURSPACE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE SECURSPACE PARTIES BE LIABLE FOR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE SPACES, THE PREMISES, PROFILES, ASSETS, USE OF ANY OF THE FOREGOING, USE OF THE PLATFORM, OR INTERACTIONS WITH ANY OTHER MEMBERS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE PARTIES AGREE THAT IN NO EVENT WILL THE SECURSPACE PARTIES BE LIABLE, IN THE AGGREGATE, LIABLE FOR LOSSES OF ANY KIND EXCEEDING THE SUM OF ONE HUNDRED DOLLARS ($100.00). EACH OF THE PARTIES ACKNOWLEDGES AND AGREES THAT SECURSPACE WOULD NOT HAVE PROVIDED THE PLATFORM FOR YOUR USE IN THE ABSENCE OF THIS LIMITATION OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SECURSPACE IS AN EXPRESS THIRD PARTY BENEFICIARY OF THIS AGREEMENT (INCLUDING THIS SECTION 19) 19 AND THIS SECTION 19 MAY NOT BE MODIFIED OR ABROGATED TO REDUCE ANY PROTECTIONS TO SECURSPACE WITHOUT SECURSPACE’S PRIOR WRITTEN CONSENT, WHICH MAY BE WITHHELD IN SECURSPACE’S SOLE AND ABSOLUTE DISCRETION.

Disclaimers Limitations of Liability. BUYER IS LICENSING SOME JURISDICTIONS MAY NOT PERMIT THE SPACES AND ENTERING ON EXCLUSION OF CERTAIN WARRANTIES. TO THE PREMISES EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO ACCESS SUCH SPACES ON AN “AS-YOU. THE SERVICE (INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) ARE LICENSED AND PROVIDED "AS IS” " AND “WHERE-IS” BASIS, AND BUYER CONFIRMS THAT, NONE "AS AVAILABLE". ANY USE OF THE SUPPLIER PARTIES OR SECURSPACE HAVE MADE, AND ARE NOT MAKING, ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING OR WITH RESPECT TO THE PREMISES OR THE SPACES, INCLUDING THEIR PHYSICAL OR ENVIRONMENTAL CONDITION, SECURITY FEATURES, THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, THE REQUIREMENTS OF ANY APPLICABLE LAWS OR THE SUITABILITY OF THE SPACES OR PREMISES FOR DEPOSIT OF BUYER’S ASSETS OR ANY OTHER PERMITTED USE HEREUNDERSERVICE WILL BE AT YOUR OWN RISK. THE PARTIES HERETO AGREE THAT (I) SECURSPACE IS NOT A PARTY TO THIS RESERVATION AGREEMENT OR ANY OTHER AGREEMENTS ENTERED INTO BETWEEN SUPPLIERS AND BUYERS; (II) SECURSPACE IS NOT A REAL ESTATE BROKER, AGENT OR INSURER; (III) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF SUPPLIERS, BUYERS, SPACES, OR OTHER BUYERS OF THE PLATFORM; AND (IV) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE PARTIES AGREE THAT SECURSPACE HAS NO CONTROL OVER THE CONTENT CONTAINED IN ANY SUPPLIER PROFILE; THEREFORE THE PARTIES AGREE THAT SECURSPACE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES OR ASSETS. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL, LIABILITY RELATED TO THE FAILURE OF, OR DELAY BY, SECURSPACE TO PROVIDE CONTACT INFORMATION TO A REQUESTING PARTY FOR ANOTHER PARTY FOR NOTICES BY OR BETWEEN SUPPLIER AND BUYER, ANY AND ALL PROFILES, SPACES, PREMISES OR ASSETS. ANY PROFILES, RESERVATIONS OR USE OF THE SPACES/PREMISES ARE MADE, USED, OR ACCEPTED AT THE MEMBER’S OWN RISK. THE PARTIES ACKNOWLEDGE AND AGREE THAT (I) SECURSPACE IS NOT A PARTY TO ANY TRANSACTIONS ENTERED INTO BETWEEN SUPPLIERS OR BUYERS WITH STRIPE, DWOLLA OR OTHER PREFERRED PAYMENT OR PAYOUT VENDORS OR PROVIDERS, INCLUDING BUT NOT LIMITED TO CREDIT CARD VENDORS OR DEBIT CARD VENDORS; (II) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF STRIPE, DWOLLA, CREDIT CARD OR DEBIT CARD VENDORS OR PROCESSORS, AND (III) SECURSPACE FTR DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE DOES NOT INSPECT, REVIEW OR VERIFY THE PROFILES, THE SPACES OR ANY REPRESENTATIONS OR WARRANTIES MADE BY THE SUPPLIERS, BUYERS OR ANY MEMBERS. EVEN IF SECURSPACE DOES ACTUALLY PERFORM ANY OF THESE TASKS, IT DOES SO FOR ITS OWN CONVENIENCE AND INFORMATION, DOES NOT DO SO FOR THE BENEFIT OF ANY MEMBER AND DOES NOT OWE A DUTY TO ANY MEMBER TO DISCLOSE ITS FINDINGS TO ANY MEMBER. YOU ARE RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS AND SECURSPACE ACCEPTS NO LIABILITY WITH RESPECT THERETO. THE PARTIES ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, SECURSPACE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KINDWARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR OTHERWISEWITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FTR MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, OR WILL NOT CONTAIN CONTENT YOU DEEM OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AND FITNESS FOR PARTICULAR PURPOSEFTR DISCLAIMS ANY LIABILITY RELATING THERETO. THE FOREGOING DOES NOT AFFECT ANY FTR MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT CANNOT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, BE EXCLUDED ACCURATE, RELIABLE, CURRENT, OR LIMITED UNDER APPLICABLE LAWTHAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS MAY NOT PERMIT THE PARTIES ACKNOWLEDGE AND AGREE THAT EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE FULLEST EXTENT PROVIDED BY LAWAPPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS OR LIMITATIONS, THOSE SUCH EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. FTR'S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICE WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICE AT ISSUE WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT WILL THE SECURSPACE PARTIES SHALL FTR BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE SPACES, THE PREMISES, PROFILES, ASSETS, USE OF ANY OF THE FOREGOING, USE OF THE PLATFORM, OR INTERACTIONS WITH ANY OTHER MEMBERS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF OR LOST PROFITS, LOSS REGARDLESS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS THE CAUSE OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISEACTION ON WHICH THEY ARE BASED, EVEN IF FORESEEABLE. THE PARTIES AGREE THAT IN NO EVENT WILL THE SECURSPACE PARTIES BE LIABLE, IN THE AGGREGATE, FOR LOSSES OF ANY KIND EXCEEDING THE SUM OF ONE HUNDRED DOLLARS ($100.00). EACH FTR HAS BEEN ADVISED OF THE PARTIES ACKNOWLEDGES AND AGREES THAT SECURSPACE WOULD NOT HAVE PROVIDED THE PLATFORM FOR YOUR USE IN THE ABSENCE POSSIBILITY OF THIS LIMITATION OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SECURSPACE IS AN EXPRESS THIRD PARTY BENEFICIARY OF THIS AGREEMENT (INCLUDING THIS SECTION 19) AND THIS SECTION 19 MAY NOT BE MODIFIED OR ABROGATED TO REDUCE ANY PROTECTIONS TO SECURSPACE WITHOUT SECURSPACE’S PRIOR WRITTEN CONSENT, WHICH MAY BE WITHHELD IN SECURSPACE’S SOLE AND ABSOLUTE DISCRETIONSUCH DAMAGES OCCURRING.

Disclaimers Limitations of Liability. BUYER IS LICENSING THE SPACES 4.7.1. Disclaimer of Warranties OUR SUBSCRIPTION AND ENTERING ON TO THE PREMISES TO ACCESS SUCH SPACES ON AN “AS-IS” OTHER SERVICES WILL BE PROVIDED IN A PROFESSIONAL MANNER IN ACCORDANCE WITH CUSTOMARY INDUSTRY STANDARDS UTILIZING REASONABLE CARE AND “WHERE-IS” BASIS, SKILL. WE AND BUYER CONFIRMS THAT, NONE OF THE SUPPLIER PARTIES OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR SECURSPACE HAVE MADE, AND ARE NOT MAKING, ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING OR WITH RESPECT TO THE PREMISES OR THE SPACES, INCLUDING THEIR PHYSICAL OR ENVIRONMENTAL CONDITION, SECURITY FEATURES, THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, THE REQUIREMENTS OF ANY APPLICABLE LAWS OR WARRANTIES ABOUT THE SUITABILITY OF THE SPACES OR PREMISES FOR DEPOSIT OF BUYER’S ASSETS OR ANY OTHER PERMITTED USE HEREUNDER. PRODUCT, DATA MADE AVAILABLE FROM THE PARTIES HERETO AGREE THAT (I) SECURSPACE IS NOT A PARTY TO THIS RESERVATION AGREEMENT OR ANY OTHER AGREEMENTS ENTERED INTO BETWEEN SUPPLIERS AND BUYERS; (II) SECURSPACE IS NOT A REAL ESTATE BROKERPRODUCT, AGENT OR INSURER; (III) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF SUPPLIERS, BUYERS, SPACESRAILSWARE CONTENT, OR OTHER BUYERS SERVICES FOR A PARTICULAR PURPOSE NOR ON A SPECIFIC RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE PLATFORM; AND PRODUCT, DATA MADE AVAILABLE FROM THE PRODUCT, RAILSWARE CONTENT, OR OTHER SERVICES, EXCEPT IF AGREED SEPARATELY. ANY LIABILITY FOR DEFECTS EXISTING UPON CONCLUSION OF THESE TERMS ACCORDING TO SECTION 536a GERMAN CIVIL CODE SHALL BE EXCLUDED. APPLICATION PROGRAMMING INTERFACES (IVAPIs) SECURSPACE DISCLAIMS ANY AND MAY NOT BE AVAILABLE AT ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAWTIMES. THE PARTIES AGREE THAT SECURSPACE HAS NO CONTROL OVER THE CONTENT CONTAINED IN ANY SUPPLIER PROFILE; THEREFORE THE PARTIES AGREE THAT SECURSPACE MAKES NO REPRESENTATION OUR FREE SERVICES, INCLUDING APIs, ARE PROVIDED "AS IS" WITHOUT WARRANTY OR WARRANTY REGARDING THE CONDITION, LEGALITY OR SUITABILITY CONDITION OF ANY SPACES OR ASSETSKIND. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL, LIABILITY RELATED TO THE FAILURE OF, OR DELAY BY, SECURSPACE TO PROVIDE CONTACT INFORMATION TO A REQUESTING PARTY FOR ANOTHER PARTY FOR NOTICES BY OR BETWEEN SUPPLIER AND BUYER, ANY AND ALL PROFILES, SPACES, PREMISES OR ASSETS. ANY PROFILES, RESERVATIONS OR USE OF THE SPACES/PREMISES ARE MADE, USED, OR ACCEPTED AT THE MEMBER’S OWN RISK. THE PARTIES ACKNOWLEDGE AND AGREE THAT (I) SECURSPACE IS NOT A PARTY TO ANY TRANSACTIONS ENTERED INTO BETWEEN SUPPLIERS OR BUYERS WITH STRIPE, DWOLLA OR OTHER PREFERRED PAYMENT OR PAYOUT VENDORS OR PROVIDERS, INCLUDING BUT NOT LIMITED TO CREDIT CARD VENDORS OR DEBIT CARD VENDORS; (II) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF STRIPE, DWOLLA, CREDIT CARD OR DEBIT CARD VENDORS OR PROCESSORS, AND (III) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE DOES NOT INSPECT, REVIEW OR VERIFY THE PROFILES, THE SPACES OR ANY REPRESENTATIONS OR WARRANTIES MADE BY THE SUPPLIERS, BUYERS OR ANY MEMBERS. EVEN IF SECURSPACE DOES ACTUALLY PERFORM ANY OF THESE TASKS, IT DOES SO FOR ITS OWN CONVENIENCE AND INFORMATION, DOES NOT DO SO FOR THE BENEFIT OF ANY MEMBER AND DOES NOT OWE A DUTY TO ANY MEMBER TO DISCLOSE ITS FINDINGS TO ANY MEMBER. YOU ARE RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS AND SECURSPACE ACCEPTS NO LIABILITY WITH RESPECT THERETO. THE PARTIES ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, SECURSPACE HEREBY DISCLAIMS WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, STATUTORY, OR OTHERWISEWITH REGARD TO THE PRODUCT AND OTHER SERVICES, INCLUDING BUT NOT LIMITED TO ANY ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE SECURSPACE PARTIES BE LIABLE FOR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE SPACES, THE PREMISES, PROFILES, ASSETS, USE OF ANY OF THE FOREGOING, USE OF THE PLATFORM, OR INTERACTIONS WITH ANY OTHER MEMBERS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE PARTIES AGREE THAT IN NO EVENT WILL THE SECURSPACE PARTIES BE LIABLE, IN THE AGGREGATE, FOR LOSSES OF ANY KIND EXCEEDING THE SUM OF ONE HUNDRED DOLLARS ($100.00). EACH OF THE PARTIES ACKNOWLEDGES AND AGREES THAT SECURSPACE WOULD NOT HAVE PROVIDED THE PLATFORM FOR YOUR USE IN THE ABSENCE OF THIS LIMITATION OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SECURSPACE IS AN EXPRESS THIRD PARTY BENEFICIARY OF THIS AGREEMENT (INCLUDING THIS SECTION 19) AND THIS SECTION 19 MAY NOT BE MODIFIED OR ABROGATED TO REDUCE ANY PROTECTIONS TO SECURSPACE WITHOUT SECURSPACE’S PRIOR WRITTEN CONSENT, WHICH MAY BE WITHHELD IN SECURSPACE’S SOLE AND ABSOLUTE DISCRETION.

Disclaimers Limitations of Liability. BUYER IS LICENSING THE SPACES 4.7.1. Disclaimer of Warranties OUR SUBSCRIPTION AND ENTERING ON TO THE PREMISES TO ACCESS SUCH SPACES ON AN “AS-IS” OTHER SERVICES WILL BE PROVIDED IN A PROFESSIONAL MANNER IN ACCORDANCE WITH CUSTOMARY INDUSTRY STANDARDS UTILIZING REASONABLE CARE AND “WHERE-IS” BASIS, SKILL. WE AND BUYER CONFIRMS THAT, NONE OF THE SUPPLIER PARTIES OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR SECURSPACE HAVE MADE, AND ARE NOT MAKING, ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING OR WITH RESPECT TO THE PREMISES OR THE SPACES, INCLUDING THEIR PHYSICAL OR ENVIRONMENTAL CONDITION, SECURITY FEATURES, THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, THE REQUIREMENTS OF ANY APPLICABLE LAWS OR WARRANTIES ABOUT THE SUITABILITY OF THE SPACES OR PREMISES FOR DEPOSIT OF BUYER’S ASSETS OR ANY OTHER PERMITTED USE HEREUNDER. PRODUCT, DATA MADE AVAILABLE FROM THE PARTIES HERETO AGREE THAT (I) SECURSPACE IS NOT A PARTY TO THIS RESERVATION AGREEMENT OR ANY OTHER AGREEMENTS ENTERED INTO BETWEEN SUPPLIERS AND BUYERS; (II) SECURSPACE IS NOT A REAL ESTATE BROKERPRODUCT, AGENT OR INSURER; (III) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF SUPPLIERS, BUYERS, SPACESRAILSWARE CONTENT, OR OTHER BUYERS SERVICES FOR A PARTICULAR PURPOSE NOR ON A SPECIFIC RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE PLATFORM; AND PRODUCT, DATA MADE AVAILABLE FROM THE PRODUCT, RAILSWARE CONTENT, OR OTHER SERVICES, EXCEPT IF AGREED SEPARATELY. ANY LIABILITY FOR DEFECTS EXISTING UPON CONCLUSION OF THESE TERMS ACCORDING TO SECTION 536a GERMAN CIVIL CODE SHALL BE EXCLUDED. APPLICATION PROGRAMMING INTERFACES (IVAPIs) SECURSPACE DISCLAIMS ANY AND MAY NOT BE AVAILABLE AT ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAWTIMES. THE PARTIES AGREE THAT SECURSPACE HAS NO CONTROL OVER THE CONTENT CONTAINED IN ANY SUPPLIER PROFILE; THEREFORE THE PARTIES AGREE THAT SECURSPACE MAKES NO REPRESENTATION OUR FREE SERVICES, INCLUDING APIs, TRIAL PERIOD, ARE PROVIDED "AS IS" WITHOUT WARRANTY OR WARRANTY REGARDING THE CONDITION, LEGALITY OR SUITABILITY CONDITION OF ANY SPACES OR ASSETSKIND. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL, LIABILITY RELATED TO THE FAILURE OF, OR DELAY BY, SECURSPACE TO PROVIDE CONTACT INFORMATION TO A REQUESTING PARTY FOR ANOTHER PARTY FOR NOTICES BY OR BETWEEN SUPPLIER AND BUYER, ANY AND ALL PROFILES, SPACES, PREMISES OR ASSETS. ANY PROFILES, RESERVATIONS OR USE OF THE SPACES/PREMISES ARE MADE, USED, OR ACCEPTED AT THE MEMBER’S OWN RISK. THE PARTIES ACKNOWLEDGE AND AGREE THAT (I) SECURSPACE IS NOT A PARTY TO ANY TRANSACTIONS ENTERED INTO BETWEEN SUPPLIERS OR BUYERS WITH STRIPE, DWOLLA OR OTHER PREFERRED PAYMENT OR PAYOUT VENDORS OR PROVIDERS, INCLUDING BUT NOT LIMITED TO CREDIT CARD VENDORS OR DEBIT CARD VENDORS; (II) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF STRIPE, DWOLLA, CREDIT CARD OR DEBIT CARD VENDORS OR PROCESSORS, AND (III) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE DOES NOT INSPECT, REVIEW OR VERIFY THE PROFILES, THE SPACES OR ANY REPRESENTATIONS OR WARRANTIES MADE BY THE SUPPLIERS, BUYERS OR ANY MEMBERS. EVEN IF SECURSPACE DOES ACTUALLY PERFORM ANY OF THESE TASKS, IT DOES SO FOR ITS OWN CONVENIENCE AND INFORMATION, DOES NOT DO SO FOR THE BENEFIT OF ANY MEMBER AND DOES NOT OWE A DUTY TO ANY MEMBER TO DISCLOSE ITS FINDINGS TO ANY MEMBER. YOU ARE RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS AND SECURSPACE ACCEPTS NO LIABILITY WITH RESPECT THERETO. THE PARTIES ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, SECURSPACE HEREBY DISCLAIMS WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, STATUTORY, OR OTHERWISEWITH REGARD TO THE PRODUCT AND OTHER SERVICES, INCLUDING BUT NOT LIMITED TO ANY ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE SECURSPACE PARTIES BE LIABLE FOR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE SPACES, THE PREMISES, PROFILES, ASSETS, USE OF ANY OF THE FOREGOING, USE OF THE PLATFORM, OR INTERACTIONS WITH ANY OTHER MEMBERS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE PARTIES AGREE THAT IN NO EVENT WILL THE SECURSPACE PARTIES BE LIABLE, IN THE AGGREGATE, FOR LOSSES OF ANY KIND EXCEEDING THE SUM OF ONE HUNDRED DOLLARS ($100.00). EACH OF THE PARTIES ACKNOWLEDGES AND AGREES THAT SECURSPACE WOULD NOT HAVE PROVIDED THE PLATFORM FOR YOUR USE IN THE ABSENCE OF THIS LIMITATION OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SECURSPACE IS AN EXPRESS THIRD PARTY BENEFICIARY OF THIS AGREEMENT (INCLUDING THIS SECTION 19) AND THIS SECTION 19 MAY NOT BE MODIFIED OR ABROGATED TO REDUCE ANY PROTECTIONS TO SECURSPACE WITHOUT SECURSPACE’S PRIOR WRITTEN CONSENT, WHICH MAY BE WITHHELD IN SECURSPACE’S SOLE AND ABSOLUTE DISCRETION.

Disclaimers Limitations of Liability. BUYER IS LICENSING 5 <PAGE> 12.1 EXCEPT FOR THE SPACES AND ENTERING ON TO THE PREMISES TO ACCESS SUCH SPACES ON AN “AS-IS” AND “WHERE-IS” BASIS, AND BUYER CONFIRMS THAT, NONE OF THE SUPPLIER PARTIES OR SECURSPACE HAVE MADE, AND ARE NOT MAKING, ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING OR WITH RESPECT TO THE PREMISES OR THE SPACES, INCLUDING THEIR PHYSICAL OR ENVIRONMENTAL CONDITION, SECURITY FEATURES, THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, THE REQUIREMENTS OF ANY APPLICABLE LAWS OR THE SUITABILITY OF THE SPACES OR PREMISES FOR DEPOSIT OF BUYER’S ASSETS OR WARRANTIES EXPRESSLY STATED IN SECTION 13 BELOW NEITHER PARTY MAKES ANY OTHER PERMITTED USE HEREUNDER. THE PARTIES HERETO AGREE THAT (I) SECURSPACE IS NOT A PARTY TO THIS RESERVATION AGREEMENT OR ANY OTHER AGREEMENTS ENTERED INTO BETWEEN SUPPLIERS AND BUYERS; (II) SECURSPACE IS NOT A REAL ESTATE BROKER, AGENT OR INSURER; (III) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF SUPPLIERS, BUYERS, SPACES, OR OTHER BUYERS OF THE PLATFORM; AND (IV) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES AGREE THAT SECURSPACE HAS NO CONTROL OVER THE CONTENT CONTAINED IN ANY SUPPLIER PROFILE; THEREFORE THE PARTIES AGREE THAT SECURSPACE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES OR ASSETS. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL, LIABILITY RELATED TO THE FAILURE OF, OR DELAY BY, SECURSPACE TO PROVIDE CONTACT INFORMATION TO A REQUESTING PARTY FOR ANOTHER PARTY FOR NOTICES BY OR BETWEEN SUPPLIER AND BUYER, ANY AND ALL PROFILES, SPACES, PREMISES OR ASSETS. ANY PROFILES, RESERVATIONS OR USE OF THE SPACES/PREMISES ARE MADE, USED, OR ACCEPTED AT THE MEMBER’S OWN RISK. THE PARTIES ACKNOWLEDGE AND AGREE THAT (I) SECURSPACE IS NOT A PARTY TO ANY TRANSACTIONS ENTERED INTO BETWEEN SUPPLIERS OR BUYERS WITH STRIPE, DWOLLA OR OTHER PREFERRED PAYMENT OR PAYOUT VENDORS OR PROVIDERS, INCLUDING BUT NOT LIMITED TO CREDIT CARD VENDORS OR DEBIT CARD VENDORS; (II) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF STRIPE, DWOLLA, CREDIT CARD OR DEBIT CARD VENDORS OR PROCESSORS, AND (III) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE DOES NOT INSPECT, REVIEW OR VERIFY THE PROFILES, THE SPACES OR ANY REPRESENTATIONS OR WARRANTIES MADE BY THE SUPPLIERS, BUYERS OR ANY MEMBERS. EVEN IF SECURSPACE DOES ACTUALLY PERFORM ANY OF THESE TASKS, IT DOES SO FOR ITS OWN CONVENIENCE AND INFORMATION, DOES NOT DO SO FOR THE BENEFIT OF ANY MEMBER AND DOES NOT OWE A DUTY TO ANY MEMBER TO DISCLOSE ITS FINDINGS TO ANY MEMBER. YOU ARE RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS AND SECURSPACE ACCEPTS NO LIABILITY WITH RESPECT THERETO. THE PARTIES ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, SECURSPACE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIEDSTATUTORY (INCLUDING, STATUTORYWITHOUT LIMITATION, ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR OTHERWISECOURSE OF PERFORMANCE, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE), AND BOTH PARTIES HEREBY EXPRESSLY DISCLAIM ALL SUCH WARRANTIES. 12.2 EXCEPT FOR BOTH PARTIES' INDEMNIFICATION OBLIGATIONS UNDER SECTION 9, NEITHER PARTY NOR ANY OF EITHER PARTY'S AFFILIATES SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER INDIVIDUAL OR ENTITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL LOSS OR DAMAGE OF ANY KIND OR NATURE, RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE SECURSPACE PARTIES BE LIABLE FOR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE SPACES, THE PREMISES, PROFILES, ASSETS, USE OF ANY OF THE FOREGOING, USE OF THE PLATFORM, OR INTERACTIONS WITH ANY OTHER MEMBERS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUEREVENUES, LOSS OF PROFITS, LOSS OF BUSINESS ANTICIPATED PROFITS OR ANTICIPATED SAVINGS, LOSS BY REASON OF USE, LOSS SHUTDOWN IN OPERATION OR FOR INCREASED EXPENSES OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISEOPERATION, EVEN IF FORESEEABLE. THE PARTIES AGREE THAT IN NO EVENT WILL THE SECURSPACE PARTIES BE LIABLE, IN THE AGGREGATE, FOR LOSSES THEY OR ANY OF ANY KIND EXCEEDING THE SUM OF ONE HUNDRED DOLLARS ($100.00). EACH THEIR AFFILIATES HAVE BEEN ADVISED OF THE PARTIES ACKNOWLEDGES AND AGREES THAT SECURSPACE WOULD NOT HAVE PROVIDED THE PLATFORM FOR YOUR USE POSSIBILITY OF SUCH LOSSES OR DAMAGES. 12.3 NO LIMITATION SET FORTH IN THE ABSENCE OF THIS LIMITATION OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SECURSPACE IS AN EXPRESS THIRD PARTY BENEFICIARY OF THIS AGREEMENT (INCLUDING THIS SECTION 1912 SHALL RELIEVE EITHER PARTY AND THEIR AFFILIATES FROM LIABILITY FOR DAMAGES THAT RESULT FROM (I) AND THIS SECTION 19 MAY NOT BE MODIFIED THEIR OWN GROSS NEGLIGENCE OR ABROGATED TO REDUCE ANY PROTECTIONS TO SECURSPACE WITHOUT SECURSPACE’S PRIOR WRITTEN CONSENTWILLFUL TORTIOUS MISCONDUCT; OR (II) PERSONAL INJURY OR WRONGFUL DEATH CLAIMS. 13. Representations and Warranties of Licensors. Licensors jointly and severally represent and warrant to Licensees as follows: 13.1 Licensors represent and warrant to Licensees that they own all right, WHICH MAY BE WITHHELD IN SECURSPACE’S SOLE AND ABSOLUTE DISCRETIONtitle and interest in the Trademarks and Tradenames and have the absolute and unrestricted right, power, and authority to grant the rights hereunder. 13.2 Licensors represent and warrant to Licensees that they are authorized to enter into this Agreement and that their license of the Trademarks and Tradenames under the terms of this Agreement shall not violate any other agreements, or obligations of Licensors, or any Federal, state, local, or foreign laws, rules, or regulations relating to Licensors or Licensors' use of the Trademarks and Tradenames. 13.3 Exhibit A attached hereto constitutes a complete and accurate list and summary description of all U.S. and Puerto Rico registered trademarks and tradenames owned by Licensors and used by Licensors in the conduct of the Businesses. 6 <PAGE> 13.4 Licensors do not own or use any patents, patent applications, or inventions or discoveries that may be patentable in connection with the Businesses. 13.5 Licensors do not own or use any registered copyrights in connection with the Businesses. 13.7 Licensors have taken reasonable precautions to protect the secrecy, confidentiality and value of any trade secrets which Licensors may own, and Licensors own such trade secrets and have the valid right to use same. To the best of Licensors' knowledge, the trade secrets are not part of the public knowledge or literature and have not been used, divulged or appropriated either for the benefit of any person (other than Licensors) or to the detriment of Licensors. To the best of Licensors' knowledge, no material trade secret is subject to any adverse claim or has been challenged or threatened in any way. For purposes of this Agreement, trade secrets are defined as all know-how, trade secrets, confidential information, customer lists, software, technical information, data, process technology, plans, drawings, and blueprints used in the conduct of the Businesses. 13.8 Licensors are not a party to any contract or arrangement whereby royalties are paid or received by Licensors with respect to trademarks, tradenames, copyrights, rights in mask works, patents, or trade secrets. 13.9 None of the current employees of Licensors that are involved in the Businesses have executed written contracts with Licensors that assign to Licensors any rights to any inventions, improvements, discoveries or information relating to the Businesses. To the best of Licensors' knowledge, no employee of Licensors that is involved in any of the Businesses has entered into any contract that restricts or limits in any material way the scope or type of work in which the employee may be engaged, or requires the employee to transfer, assign or disclose information concerning his or her work to anyone other than Licensors. 14.

Disclaimers Limitations of Liability. BUYER IS LICENSING IDENTRUST MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING ANY IDENTRUST WEB SITE OR ELECTRONIC ORDERING SYSTEMS, OR THE SPACES AND ENTERING ON TO THE PREMISES TO ACCESS SUCH SPACES ON AN “AS-IS” AND “WHERE-IS” BASISPERFORMANCE, AVAILABILITY OR FUNCTIONALITY OF SUCH. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND BUYER CONFIRMS THATNON-INFRINGEMENT FROM IDENTRUST ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, NONE OF THE SUPPLIER PARTIES OR SECURSPACE HAVE MADE, AND ARE NOT MAKING, ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING OR WITH RESPECT TO THE PREMISES OR THE SPACES, INCLUDING THEIR PHYSICAL OR ENVIRONMENTAL CONDITION, SECURITY FEATURES, THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, THE REQUIREMENTS OF ANY APPLICABLE LAWS OR THE SUITABILITY OF THE SPACES OR PREMISES FOR DEPOSIT OF BUYER’S ASSETS OR ANY OTHER PERMITTED USE HEREUNDER. THE PARTIES HERETO AGREE THAT (I) SECURSPACE IS NOT A PARTY TO THIS RESERVATION AGREEMENT OR ANY OTHER AGREEMENTS ENTERED INTO BETWEEN SUPPLIERS AND BUYERS; (II) SECURSPACE IS NOT A REAL ESTATE BROKER, AGENT OR INSURER; (III) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF SUPPLIERS, BUYERS, SPACES, OR OTHER BUYERS OF THE PLATFORM; AND (IV) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES AGREE THAT SECURSPACE HAS NO CONTROL OVER THE CONTENT CONTAINED IN ANY SUPPLIER PROFILE; THEREFORE THE PARTIES AGREE THAT SECURSPACE IDENTRUST MAKES NO REPRESENTATION OR WARRANTY REGARDING THAT THE CONDITION, LEGALITY OR SUITABILITY OPERATION OF ANY SPACES IDENTRUST WEB SITE OR ASSETS. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE IS NOT RESPONSIBLE FORELECTRONIC ORDERING SYSTEMS WILL BE UNINTERRUPTED OR ERROR FREE, AND DISCLAIMS IDENTRUST WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY AND ALL, LIABILITY RELATED INTERRUPTIONS OR ERRORS. TO THE FAILURE OF, OR DELAY BY, SECURSPACE TO PROVIDE CONTACT INFORMATION TO A REQUESTING PARTY FOR ANOTHER PARTY FOR NOTICES BY OR BETWEEN SUPPLIER AND BUYER, ANY AND ALL PROFILES, SPACES, PREMISES OR ASSETS. ANY PROFILES, RESERVATIONS OR USE OF THE SPACES/PREMISES ARE MADE, USED, OR ACCEPTED AT THE MEMBER’S OWN RISK. THE PARTIES ACKNOWLEDGE AND AGREE THAT (I) SECURSPACE IS NOT A PARTY TO ANY TRANSACTIONS ENTERED INTO BETWEEN SUPPLIERS OR BUYERS WITH STRIPE, DWOLLA OR OTHER PREFERRED PAYMENT OR PAYOUT VENDORS OR PROVIDERS, INCLUDING BUT NOT LIMITED TO CREDIT CARD VENDORS OR DEBIT CARD VENDORS; (II) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF STRIPE, DWOLLA, CREDIT CARD OR DEBIT CARD VENDORS OR PROCESSORS, AND (III) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM GREATEST EXTENT PERMITTED BY LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE DOES , IDENTRUST WILL NOT INSPECTBE LIABLE TO YOU UNDER ANY CIRCUMSTANCES WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, REVIEW NEGLIGENCE, TORT, STRICT LIABILITY OR VERIFY THE PROFILESOTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, THE SPACES INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR ANY REPRESENTATIONS OR WARRANTIES MADE BY THE SUPPLIERS, BUYERS OR ANY MEMBERS. EVEN IF SECURSPACE DOES ACTUALLY PERFORM ANY OF THESE TASKS, IT DOES SO FOR ITS OWN CONVENIENCE AND INFORMATION, DOES NOT DO SO FOR THE BENEFIT EXEMPLARY DAMAGES OF ANY MEMBER AND DOES NOT OWE A DUTY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), REGARDLESS OF WHETHER THE IDENTRUST KNEW OR HAD REASON TO ANY MEMBER TO DISCLOSE ITS FINDINGS TO ANY MEMBERKNOW OF THE POSSIBILITY THEREOF. YOU ARE RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS AND SECURSPACE ACCEPTS NO LIABILITY WITH RESPECT THERETO. THE PARTIES ACKNOWLEDGE AND AGREE THAT FURTHER, NOTWITHSTANDING ANYTHING TO THE FULLEST EXTENT PROVIDED BY LAW, SECURSPACE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, CONTRARY CONTAINED IN THIS AGREEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT TO THE FULLEST GREATEST EXTENT PROVIDED PERMITTED BY LAW, IN NO EVENT WILL THE SECURSPACE PARTIES BE LIABLE FOR LOSSES IDENTRUST’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY KIND, UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF, OR IN CONNECTION WITH EXCEED THE SPACES, THE PREMISES, PROFILES, ASSETS, USE OF ANY TOTAL OF THE FOREGOING, USE OF AMOUNT ACTUALLY PAID BY YOU FOR THE PLATFORM, OR INTERACTIONS WITH ANY OTHER MEMBERS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLEVOUCHER(S) FOR WHICH YOU SUBMIT AN ORDER UNDER THIS AGREEMENT. THE PARTIES AGREE THAT IN NO EVENT WILL THE SECURSPACE PARTIES BE LIABLE, IN THE AGGREGATE, FOR LOSSES OF ANY KIND EXCEEDING THE SUM OF ONE HUNDRED DOLLARS ($100.00). EACH OF THE PARTIES ACKNOWLEDGES AND AGREES THAT SECURSPACE WOULD NOT HAVE PROVIDED THE PLATFORM FOR YOUR USE IN THE ABSENCE OF THIS LIMITATION OF LIABILITY. THE FOREGOING LIMITATION DISCLAIMER OF WARRANTIES AND LIABILITY DOES NOT AFFECT ANY LIABILITY ARE AN ESSENTIAL INDUCEMENT TO IDENTRUST TO ENTER INTO THIS AGREEMENT, AND THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE THE FOREGOING LIMITATIONS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW. SECURSPACE IS AN EXPRESS THIRD PARTY BENEFICIARY OF THIS AGREEMENT (INCLUDING THIS SECTION 19) AND THIS SECTION 19 MAY NOT BE MODIFIED OR ABROGATED TO REDUCE ANY PROTECTIONS TO SECURSPACE WITHOUT SECURSPACE’S PRIOR WRITTEN CONSENT, WHICH MAY BE WITHHELD IN SECURSPACE’S SOLE AND ABSOLUTE DISCRETION.

Disclaimers Limitations of Liability. BUYER IS LICENSING ✓ Disclaimer of Warranties. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SPACES AND ENTERING ON SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SUBSCRIPTION SERVICE, DATA MADE AVAILABLE FROM THE SUBSCRIPTION SERVICE, IPSUM Vision CONTENT, OR THE CONSULTING SERVICES FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE PREMISES TO ACCESS SUCH SPACES ON AN “AS-IS” AND “WHERE-IS” BASIS, AND BUYER CONFIRMS THAT, NONE OF THE SUPPLIER PARTIES OR SECURSPACE HAVE MADE, AND ARE NOT MAKING, ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING OR WITH RESPECT TO THE PREMISES OR THE SPACES, INCLUDING THEIR PHYSICAL OR ENVIRONMENTAL CONDITION, SECURITY FEATURES, THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, THE REQUIREMENTS OF ANY APPLICABLE LAWS OR THE SUITABILITY OF THE SPACES OR PREMISES FOR DEPOSIT OF BUYER’S ASSETS OR ANY OTHER PERMITTED USE HEREUNDER. THE PARTIES HERETO AGREE THAT (I) SECURSPACE IS NOT A PARTY TO THIS RESERVATION AGREEMENT OR ANY OTHER AGREEMENTS ENTERED INTO BETWEEN SUPPLIERS AND BUYERS; (II) SECURSPACE IS NOT A REAL ESTATE BROKER, AGENT OR INSURER; (III) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF SUPPLIERS, BUYERS, SPACES, OR OTHER BUYERS OF THE PLATFORM; AND (IV) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. , THE PARTIES AGREE THAT SECURSPACE HAS NO CONTROL OVER THE SUBSCRIPTION SERVICE, IPSUM Vision CONTENT CONTAINED IN ANY SUPPLIER PROFILE; THEREFORE THE PARTIES AGREE THAT SECURSPACE MAKES NO REPRESENTATION AND CONSULTING SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR WARRANTY REGARDING THE CONDITION, LEGALITY OR SUITABILITY CONDITION OF ANY SPACES OR ASSETSKIND. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL, LIABILITY RELATED TO THE FAILURE OF, OR DELAY BY, SECURSPACE TO PROVIDE CONTACT INFORMATION TO A REQUESTING PARTY FOR ANOTHER PARTY FOR NOTICES BY OR BETWEEN SUPPLIER AND BUYER, ANY AND ALL PROFILES, SPACES, PREMISES OR ASSETS. ANY PROFILES, RESERVATIONS OR USE OF THE SPACES/PREMISES ARE MADE, USED, OR ACCEPTED AT THE MEMBER’S OWN RISK. THE PARTIES ACKNOWLEDGE AND AGREE THAT (I) SECURSPACE IS NOT A PARTY TO ANY TRANSACTIONS ENTERED INTO BETWEEN SUPPLIERS OR BUYERS WITH STRIPE, DWOLLA OR OTHER PREFERRED PAYMENT OR PAYOUT VENDORS OR PROVIDERS, INCLUDING BUT NOT LIMITED TO CREDIT CARD VENDORS OR DEBIT CARD VENDORS; (II) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF STRIPE, DWOLLA, CREDIT CARD OR DEBIT CARD VENDORS OR PROCESSORS, AND (III) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE DOES NOT INSPECT, REVIEW OR VERIFY THE PROFILES, THE SPACES OR ANY REPRESENTATIONS OR WARRANTIES MADE BY THE SUPPLIERS, BUYERS OR ANY MEMBERS. EVEN IF SECURSPACE DOES ACTUALLY PERFORM ANY OF THESE TASKS, IT DOES SO FOR ITS OWN CONVENIENCE AND INFORMATION, DOES NOT DO SO FOR THE BENEFIT OF ANY MEMBER AND DOES NOT OWE A DUTY TO ANY MEMBER TO DISCLOSE ITS FINDINGS TO ANY MEMBER. YOU ARE RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS AND SECURSPACE ACCEPTS NO LIABILITY WITH RESPECT THERETO. THE PARTIES ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, SECURSPACE HEREBY DISCLAIMS WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS EXPRESS, IMPLIED OR IMPLIED, STATUTORY, OR OTHERWISEWITH REGARD TO THE SUBSCRIPTION SERVICE AND THE CONSULTING SERVICES, INCLUDING BUT NOT LIMITED TO ANY ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW✓ No Indirect Damages. THE PARTIES ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED PERMITTED BY LAW, IN NO EVENT WILL THE SECURSPACE PARTIES SHALL EITHER PARTY BE LIABLE FOR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE SPACES, THE PREMISES, PROFILES, ASSETS, USE OF ANY OF THE FOREGOING, USE OF THE PLATFORM, OR INTERACTIONS WITH ANY OTHER MEMBERS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIALPUNITIVE, OR PUNITIVE CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, OR LOSS OF PROFITS, LOSS REVENUE, DATA OR BUSINESS OPPORTUNITIES; PROVIDED THAT, THIS LIMITATION SHALL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES. ✓ Limitation of Liability. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF BUSINESS OR ANTICIPATED SAVINGSFEES, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATAYOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE ‘INDEMNIFICATION’ SECTION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE)YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, BREACH IF, NOTWITHSTANDING THE OTHER TERMS OF CONTRACTTHIS AGREEMENT, EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR OTHERWISEANY THIRD PARTY, EVEN IF FORESEEABLE. THE PARTIES AGREE THAT IN NO EVENT THE AGGREGATE LIABILITY OF A PARTY WILL BE LIMITED TO THE SECURSPACE PARTIES BE LIABLE, LESSER OF FIVE THOUSAND U.S. DOLLARS OR THE TOTAL AMOUNTS YOU HAVE ACTUALLY PAID FOR THE SUBSCRIPTION SERVICE IN THE AGGREGATETWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM; PROVIDED HOWEVER, FOR LOSSES THIS LIMITATION SHALL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES, AND IN THIS CASE, IF WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE FREE SERVICES, THEN OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS. ✓ Third Party Products. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND EXCEEDING THE SUM OF ONE HUNDRED DOLLARS ($100.00)UNDER THIS AGREEMENT. EACH OF THE PARTIES ACKNOWLEDGES ✓ Agreement to Liability Limit. YOU UNDERSTAND AND AGREES AGREE THAT SECURSPACE WOULD NOT HAVE PROVIDED THE PLATFORM FOR ABSENT YOUR USE IN THE ABSENCE OF AGREEMENT TO THIS LIMITATION OF LIABILITY. , WE WOULD NOT PROVIDE THE FOREGOING LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SECURSPACE IS AN EXPRESS THIRD PARTY BENEFICIARY OF THIS AGREEMENT (INCLUDING THIS SECTION 19) AND THIS SECTION 19 MAY NOT BE MODIFIED OR ABROGATED SUBSCRIPTION SERVICE TO REDUCE ANY PROTECTIONS TO SECURSPACE WITHOUT SECURSPACE’S PRIOR WRITTEN CONSENT, WHICH MAY BE WITHHELD IN SECURSPACE’S SOLE AND ABSOLUTE DISCRETIONYOU.