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 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 CONSENT, WHICH MAY BE WITHHELD IN SECURSPACE’S SOLE AND ABSOLUTE DISCRETIONWILLFUL TORTIOUS MISCONDUCT; OR (II) PERSONAL INJURY OR WRONGFUL DEATH CLAIMS.

Disclaimers Limitations of Liability. BUYER IS LICENSING 8.1 EXCEPT FOR THE SPACES EXPRESS REPRESENTATIONS AND ENTERING ON TO THE PREMISES TO ACCESS SUCH SPACES ON AN “AS-IS” AND “WHERE-IS” BASISWARRANTIES CONTAINED IN THIS AGREEMENT, AND BUYER CONFIRMS THAT, NONE OF THE SUPPLIER PARTIES MAKES NO REPRESENTATIONS OR SECURSPACE HAVE MADE, AND ARE NOT MAKING, ANY REPRESENTATION OR WARRANTY WHATSOEVERWARRANTIES, EXPRESS OR IMPLIED, CONCERNING IN FACT OR AT LAW, WITH RESPECT TO THE PREMISES SERVICES AND SUPPLEMENTAL SERVICES PROVIDED OR THE SPACESTO BE PROVIDED BY SUPPLIER HEREUNDER, 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 WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES MADE CONCERNING THE COMPLETENESS OR ACCURACY OF ANY INFORMATION RECORDED, PROCESSED OR TRANSMITTED BY SUPPLIER. EXCEPT FOR SUPPLIER'S INDEMNIFICATION OBLIGATION UNDER SECTION 7.2 ABOVE, BUYER'S SOLE REMEDY AND SUPPLIER'S SOLE RESPONSIBILITY WITH RESPECT TO ANY ERRORS OR OMISSIONS IN INFORMATION TRANSMITTED BY SUPPLIER SHALL BE LIMITED TO CORRECTION OF SUCH ERRORS OR OMISSIONS AND RETRANSMISSION OF 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 CORRECTED INFORMATION AT NO ADDITIONAL EXPENSE TO BUYER. 8.2 EXCEPT FOR THE BENEFIT OF ANY MEMBER AND DOES NOT OWE A DUTY PARTIES' INDEMNIFICATION OBLIGATIONS UNDER SECTION 7 ABOVE, OR AS OTHERWISE EXPRESSLY PROVIDED HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY MEMBER TO DISCLOSE ITS FINDINGS TO THIRD PARTY FOR 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 LAWCONSEQUENTIAL, 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 DIRECTINCIDENTAL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR PUNITIVE DAMAGES, EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED LOST SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOST FUTURE EARNINGS AND WHETHER CAUSED LOST ECONOMIC ADVANTAGE) SUFFERED OR INCURRED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, SUCH OTHER PARTY OR OTHERWISEANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR PERFORMANCE OR NONPERFORMANCE HEREUNDER, EVEN IF FORESEEABLE. THE PARTIES AGREE THAT IN NO EVENT WILL THE SECURSPACE PARTIES BE LIABLESUCH PARTY HAS BEEN ADVISED, IN THE AGGREGATE, FOR LOSSES OF ANY KIND EXCEEDING THE SUM OF ONE HUNDRED DOLLARS ($100.00). EACH KNEW OR SHOULD HAVE KNOWN OF THE PARTIES ACKNOWLEDGES AND AGREES THAT SECURSPACE WOULD NOT HAVE PROVIDED THE PLATFORM POSSIBILITY OF SUCH DAMAGES. 8.3 EXCEPT FOR YOUR USE IN THE ABSENCE OF THIS LIMITATION OF LIABILITY. THE FOREGOING LIMITATION OF SUPPLIER'S INDEMNIFICATION OBLIGATION UNDER SECTION 7.2 ABOVE, SUPPLIER'S LIABILITY DOES NOT AFFECT TO BUYER OR TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SECURSPACE IS AN EXPRESS THIRD PARTY BENEFICIARY OF IN CONNECTION WITH THIS AGREEMENT (INCLUDING THIS SECTION 19) AND THIS SECTION 19 MAY OR PERFORMANCE OR NONPERFORMANCE HEREUNDER SHALL NOT BE MODIFIED EXCEED THE AMOUNT ACTUALLY PAID BY BUYER FOR SERVICES AND/OR ABROGATED TO REDUCE ANY PROTECTIONS TO SECURSPACE WITHOUT SECURSPACE’S PRIOR WRITTEN CONSENT, SUPPLEMENTAL SERVICES DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH MAY BE WITHHELD IN SECURSPACE’S SOLE AND ABSOLUTE DISCRETION.BUYER'S OR SUCH THIRD PARTY'S CLAIM OR CAUSE OF ACTION AGAINST SUPPLIER FIRST

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.

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 (a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SPACES AND ENTERING ON TO SERVICES. THE PREMISES TO ACCESS SUCH SPACES ON AN SERVICES, INCLUDING ANY PRODUCTS, ARE PROVIDED “AS-AS IS” AND “WHERE-IS” BASISWITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND BUYER CONFIRMS THAT, NONE OF THE SUPPLIER PARTIES OR SECURSPACE HAVE MADE, AND ARE NOT MAKING, ANY REPRESENTATION OR WARRANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED, CONCERNING INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (b) WHILE WE MAKE GOOD FAITH EFFORTS TO INCLUDE SUBSTANTIALLY ACCURATE INFORMATION IN THE SERVICES, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE; BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED IN THE SERVICES. (c) IN NO EVENT SHALL 3-2-1 ACTING STUDIOS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICES. OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, SOCIAL TRIGGERS’ MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (I) A REFUND OF THE AMOUNT PAID FOR THE PRODUCT AT ISSUE, OR (II) $100. (d) YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE PREMISES ANY DECISIONS, ADVICE, CONCLUSIONS OR THE SPACES, INCLUDING THEIR PHYSICAL RECOMMENDATIONS MADE OR ENVIRONMENTAL CONDITION, SECURITY FEATURES, THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, THE REQUIREMENTS OF ANY APPLICABLE LAWS OR THE SUITABILITY GIVEN AS A RESULT 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 MADESERVICES, USED, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACCEPTED AT THE MEMBER’S OWN RISKACTION TAKEN BY YOU IN RELIANCE UPON PRODUCTS. THE PARTIES ACKNOWLEDGE AND AGREE THAT (I) SECURSPACE IS SERVICES SHALL NOT CONSTITUTE OR BE CONSTRUED AS A PARTY TO RECOMMENDATION, SOLICITATION, OFFER OR OPINION BY SOCIAL TRIGGERS OR OUR AFFILIATES, PRINCIPALS OR CONTENT PROVIDERS, FOR ANY TRANSACTIONS ENTERED INTO BETWEEN SUPPLIERS FINANCIAL TRANSACTION OR BUYERS WITH STRIPE, DWOLLA OR OTHER PREFERRED PAYMENT OR PAYOUT VENDORS OR PROVIDERSTHE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO CREDIT CARD VENDORS OR DEBIT CARD VENDORS; (II) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF STRIPESECURITIES, 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 KIND OF INVESTMENT. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS. (e) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SUPPLIERS, BUYERS OR SERVICES. THERE IS NO GUARANTEE THAT YOU WILL ACHIEVE ANY MEMBERS. EVEN IF SECURSPACE DOES ACTUALLY PERFORM ANY OF THESE TASKS, IT DOES SO FOR ITS OWN CONVENIENCE PARTICULAR RESULTS USING THE TECHNIQUES 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 IDEAS 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 SPACESSERVICES. ALL INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS INTENDED FOR EDUCATIONAL PURPOSES ONLY, THE PREMISESFOR A GENERAL AUDIENCE, PROFILES, ASSETS, USE OF ANY AND NOT AS SPECIFIC ADVICE TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE FOREGOINGINFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, USE OF THE PLATFORMPSYCHOLOGICAL, FINANCIAL OR, ACCOUNTING, LEGAL OR INTERACTIONS OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK 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 DISCRETIONSUCH ADVICE.

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. 4.7.2. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT No Indirect Damages 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 OF REVENUE, DATA OR BUSINESS OR ANTICIPATED SAVINGSOPPORTUNITIES; PROVIDED THAT, 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. SHALL NOT APPLY TO YOU IF YOU ONLY USE 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 DISCRETIONFREE SERVICES.

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. 4.7.2. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT No Indirect Damages 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 OF REVENUE, DATA OR BUSINESS OR ANTICIPATED SAVINGSOPPORTUNITIES; PROVIDED THAT, 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. SHALL NOT APPLY TO YOU IF YOU ONLY USE 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 DISCRETIONFREE SERVICES.

Disclaimers Limitations of Liability. BUYER IS LICENSING 1. JOHN DEERE SHALL BE LIABLE UNDER THE SPACES AND ENTERING ON TERMS OF THIS AGREEMENT ONLY IN ACCORDANCE WITH THE PROVISIONS SET OUT UNDER (a) 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 (f): (a) JOHN DEERE SHALL BE UNRESTRICTED LIABLE FOR LOSSES CAUSED INTENTIONALLY OR WITH GROSS NEGLIGENCE BY JOHN DEERE, ITS LEGAL REPRESENTATIVES OR SENIOR EXECUTIVES AND FOR LOSSES CAUSED INTENTIONALLY BY OTHER ASSISTANTS IN PERFORMANCE; IN RESPECT OF GROSS NEGLIGENCE OF OTHER ASSISTANTS IN PERFORMANCE JOHN DEERE’S LIABILITY SHALL BE AS SET FORTH IN THE PROVISIONS FOR SIMPLE NEGLIGENCE IN (e) BELOW. (b) JOHN DEERE SHALL BE UNRESTRICTED LIABLE FOR DEATH, PERSONAL INJURY OR DAMAGE 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 HEALTH CAUSED BY THE SUPPLIERSINTENT OR NEGLIGENCE OF JOHN DEERE, BUYERS ITS LEGAL REPRESENTATIVES 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, ASSISTANTS IN NO EVENT WILL THE SECURSPACE PARTIES PERFORMANCE. (c) XXXX DEERE SHALL BE LIABLE FOR LOSSES ARISING FROM THE LACK OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR WARRANTED CHARACTERISTICS UP TO THE AMOUNT WHICH IS COVERED BY THE PURPOSE OF THE WARRANTY AND WHICH WAS FORESEEABLE FOR XXXX DEERE - ISG AT THE TIME THE WARRANTY WAS GIVEN. (d) XXXX DEERE SHALL BE LIABLE IN CONNECTION ACCORDANCE WITH THE SPACES, GERMAN PRODUCT LIABILITY ACT IN THE PREMISES, PROFILES, ASSETS, USE EVENT 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 PRODUCT LIABILITY. (e) XXXX DEERE SHALL BE LIABLE FOR LOSSES CAUSED BY TORT (INCLUDING NEGLIGENCE), THE BREACH OF CONTRACTITS PRIMARY OBLIGATIONS BY JOHN DEERE, ITS LEGAL REPRESENTATIVES OR OTHERWISE, EVEN IF FORESEEABLEASSISTANTS IN PERFORMANCE. PRIMARY OBLIGATIONS ARE SUCH BASIC DUTIES (‘KARDINALPFLICHTEN’) WHICH FORM 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 ESSENCE OF THIS LIMITATION OF LIABILITY. AGREEMENT, WHICH WERE DECISIVE FOR 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 CONCLUSION OF THIS AGREEMENT AND ON THE PERFORMANCE OF WHICH CUSTOMER MAY RELY. IF XXXX DEERE BREACHES ITS PRIMARY OBLIGATIONS THROUGH SIMPLE NEGLIGENCE, THEN ITS ENSUING LIABILITY SHALL BE LIMITED TO THE AMOUNT WHICH WAS FORESEEABLE BY JOHN DEERE AT THE TIME THE RESPECTIVE SERVICE WAS PERFORMED. (INCLUDING f) THE LIABILITY LIMITATION TO PROPERTY OR FINANCIAL DAMAGES FOR FORESEEABLE IMPAIRMENTS WHICH ARE TYPICAL FOR THIS SECTION 19) TYPE OF CONTRACT AND THIS SECTION 19 MAY NOT / OR THE NATURE OF THE SERVICES SHALL BE MODIFIED LIMITED UP TO A MAXIMUM OF EUR 12.500 PER CUSTOMER. IF THE LIABILITY FOR DAMAGES ON A SINGLE ACTION OR ABROGATED EVENT IS CAUSING DAMAGES TO REDUCE SEVERAL CUSTOMERS THE LIABILITY FOR DAMAGES IS LIMITED TO A MAXIMUM AMOUNT OF EUR 500.000 APPLYING THE LIMITATION PER CUSTOMER AS DESCRIBED ABOVE. IF THE COMPENSATION FOR THE SAME EVENT EXCEEDS THE MAXIMUM PAYABLE AMOUNT OF EUR 500.000 THE AMOUNT WILL BE SHARED PROPORTIONALLY BETWEEN THE DAMAGED PARTIES UP TO THE MAXIMUM INDIVIDUAL CUSTOMER AMOUNT AS DESCRIBED ABOVE. 2. XXXX DEERE SHALL BE LIABLE FOR LOSS OF DATA ONLY UP TO THE AMOUNT OF TYPICAL RECOVERY COSTS WHICH WOULD HAVE ARISEN HAD PROPER AND REGULAR DATA BACKUP MEASURES BEEN TAKEN. 3. ANY PROTECTIONS TO SECURSPACE WITHOUT SECURSPACE’S PRIOR WRITTEN CONSENT, WHICH MAY BE WITHHELD IN SECURSPACE’S SOLE AND ABSOLUTE DISCRETIONMORE EXTENSIVE LIABILITY OF JOHN DEERE IS EXCLUDED ON THE MERITS.

Disclaimers Limitations of Liability. (A) 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 AS TO THE CONDITION OF THE PREMISES OR THE SECURITY OF THE PREMISES 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. . (B) TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL SUPPLIER OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO BUYER FOR DAMAGES OF ANY KIND INCLUDING ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER, INCLUDING LOSS OF GOODWILL OR LOSS OF PROFITS, LOSS OF REVENUE WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) OR BREACH OF CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH BUYER’S PERMITTED USE UNDER THIS RESERVATION AGREEMENT. (C) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS RESERVATION AGREEMENT AND EXCEPT FOR BUYER’S INDEMNITY OBLIGATIONS OR BREACHES OF CONFIDENTIALITY, THE PARTIES AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF SUPPLIER TO BUYER ARISING OUT OF THIS RESERVATION AGREEMENT WILL BE THE AGGREGATE AMOUNT PAID OR PAYABLE UNDER ALL RESERVATIONS BETWEEN SUPPLIER AND BUYER IN THE TWELVE (12) MONTHS PRECEDING THE MOST RECENT EVENT GIVING RISE TO THE CLAIM(S), NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00). (D) 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. . (E) 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. . (F) 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. . (G) 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. . (H) 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. . (I) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. . (J) 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. . (K) THE FOREGOING LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. (L) SECURSPACE IS AN EXPRESS THIRD PARTY BENEFICIARY OF THIS AGREEMENT (INCLUDING THIS SECTION 19) 19 AND THIS SECTION 19 21 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.