Common use of Disclaimers Clause in Contracts

Disclaimers. ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOU.

Disclaimers. ALL INFORMATIONNOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, MATERIALS IT IS UNDERSTOOD AND SERVICES CONTAINED ON AGREED THAT THE WEBSITE CITY IS NOT MAKING AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, HAS NOT AT ANY TIME MADE ANY WARRANTIES OR WARRANTY REPRESENTATIONS OF ANY KINDKIND OR CHARACTER, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTIONWITH RESPECT TO THE PROPERTY, BY SAMPLE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR OTHERWISEREPRESENTATIONS AS TO HABITABILITY, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS LEASING, ZONING, TAX CONSEQUENCES, LATENT OR FREEDOM FROM VIRUSES PATENT PHYSICAL CONDITION, UTILITIES, OPERATING HISTORY OR OTHER HARMFUL CODE. WE DO NOT WARRANT PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, OR THE ACCURACY, ADEQUACY OR COMPLETENESS COMPLIANCE OF THE MATERIALS CONTAINED ON PROPERTY WITH LAWS. XXXXX ACKNOWLEDGES AND AGREES THAT AT THE WEBSITE CLOSING, THE CITY SHALL SELL AND CONVEY TO BUYER AND BUYER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”. XXXXX HAS NOT RELIED AND WILL NOT RELY ON, AND THE CITY IS NOT LIABLE FOR OR WARRANT THAT BOUND BY, ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES EXPRESS OR IMPLIED WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE PROPERTY OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDINGRELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, DIRECT PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR INDIRECT SPECIALFURNISHED BY THE CITY, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR CITY’S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, LICENSORSTO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING. BUYER REPRESENTS TO THE CITY THAT BUYER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE PHYSICAL AND ENVIRONMENTAL CONDITION THEREOF, AS BUYER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY. AT THE CLOSING, BUYER SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED THE CITY (AND CITY’S OFFICERS, EMPLOYEES, AND ANY THIRD PARTY SERVICE PROVIDER AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, EXPENSESDAMAGES, DAMAGES LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, INCLUDING REASONABLE ATTORNEYS’ FEESKNOWN OR UNKNOWN, RESULTING FROM WHICH BUYER MIGHT HAVE ASSERTED OR ALLEGED AGAINST THE CITY (AND CITY’S OFFICERS, EMPLOYEES, AND AGENTS) AT ANY VIOLATION TIME BY REASON OF THESE TERMS OR ARISING OUT OF USE BY YOUANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY.

Disclaimers. THE “HP Partner Link” PROGRAM IS PROVIDED "AS IS" AND "WITH ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE FAULTS" AND THE CONTENTS THEREOF ARE PROVIDED “ENTIRE RISK AS IS.” WE MAKE NO REPRESENTATIONTO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, ENDORSEMENTYOU, OR WARRANTY AND NOT HP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. HP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, BY DESCRIPTIONOR STATUTORY, BY SAMPLE WITH RESPECT TO THE “HP Partner Link” PROGRAM (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-AND NON- INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODEINTELLECTUAL PROPERTY RIGHTS). WE DO NOT WARRANT WITHOUT LIMITING THE ACCURACY, ADEQUACY OR COMPLETENESS GENERALITY OF THE MATERIALS CONTAINED ON FOREGOING, HP MAKES NO WARRANTY THAT THE WEBSITE HP PROGRAM WILL MEET YOUR REQUIREMENTS OR WARRANT THAT ANY THE HP PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE HP PROGRAM WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES HP MAKES NO WARRANTY AS TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HP PROGRAM OR AS A CONDITION OF YOUR USING TO THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE ACCURACY OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES RELIABILITY OF ANY KINDINFORMATION OBTAINED THROUGH THE HP PROGRAM. NO ADVICE OR INFORMATION, ARISING IN CONNECTION WITH WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITEHP PROGRAM OR FROM HP, ANY PORTION OF IT ITS PARENTS, SUBSIDIARIES, OR ANY WEBSITE LINKED HERETOOTHER AFFILIATED COMPANIES, THE USE THEREOF OR ITS OR THEIR SUPPLIERS (OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTSOR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, LICENSORS"THE HP PARTIES") SHALL CREATE ANY WARRANTY. HP DISCLAIMS ALL EQUITABLE INDEMNITIES. Limitation of Warranty Although this Application provides e-mail communications to HP and the customer’s HP authorized reseller of choice, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUHP does not warrant or guarantee the supplies fulfillment service or response levels provided by the customer’s HP authorized reseller to the customer.

Disclaimers. ALL INFORMATIONEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANY DOCUMENT DELIVERED AT CLOSING, MATERIALS SELLER IS NOT MAKING AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, HAS NOT AT ANY TIME MADE ANY WARRANTIES OR WARRANTY REPRESENTATIONS OF ANY KINDKIND OR CHARACTER, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTIONWITH RESPECT TO THE PROPERTY, BY SAMPLE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR OTHERWISEREPRESENTATIONS AS TO HABITABILITY, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETITLE (OTHER THAN SELLER’S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), NON-INFRINGEMENT ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACYPROPERTY WITH GOVERNMENTAL LAWS, ADEQUACY THE TRUTH, ACCURACY OR COMPLETENESS OF THE MATERIALS CONTAINED PROPERTY DOCUMENTS OR ANY OTHER INFORMATION PROVIDED BY OR ON BEHALF OF SELLER TO PURCHASER, OR ANY OTHER MATTER OR THING REGARDING THE WEBSITE OR WARRANT PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE FULLEST EXTENT PERMITTED EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR ANY DOCUMENT DELIVERED AT CLOSING. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT OR ANY DOCUMENT DELIVERED AT CLOSING, PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY, ANY EXPRESSED OR IMPLIED WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY LAWSELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE BROKER OR AGENT REPRESENTING OR PURPORTING TO REPRESENT SELLER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. Limitation of Liability PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS A PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF YOUR USING THE WEBSITE PROPERTY AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE RESPONSIBLE OR LIABLE TO YOU OR TAKEN WITH RESPECT TO ANY THIRD PARTY FOR HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY DAMAGE WHATSOEVERINFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. UPON CLOSING, PURCHASER SHALL TAKE THE PROPERTY SUBJECT TO THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING, WITHOUT LIMITATION, DIRECT ANY ENVIRONMENTAL LAWS) AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR INDIRECT SPECIALMATTERS REGARDING THE PROPERTY. PURCHASER AGREES THAT SHOULD ANY CLEANUP, INCIDENTIALREMEDIATION OR REMOVAL OF HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL CONDITIONS ON THE PROPERTY BE REQUIRED AFTER THE DATE OF CLOSING, CONSEQUENTIAL SUCH CLEAN-UP, REMOVAL OR PUNITIVE DAMAGEREMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF PURCHASER AND SELLER SHALL NOT BE LIABLE TO PURCHASER FOR SUCH CLEAN-UP, LOSSES REMOVAL OR EXPENSES REMEDIATION. AS PART OF THE PROVISIONS OF THIS SECTION 9.2, BUT NOT AS A LIMITATION THEREON, PURCHASER HEREBY AGREES, REPRESENTS AND WARRANTS THAT THE MATTERS RELEASED HEREIN ARE NOT LIMITED TO MATTERS WHICH ARE KNOWN OR DISCLOSED, AND PURCHASER HEREBY WAIVES ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF AND ALL RIGHTS AND BENEFITS WHICH IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSONNOW HAS, OR IN CONNECTION WITH ANY FAILURE THE FUTURE MAY HAVE CONFERRED UPON IT, BY VIRTUE OF PERFORMANCETHE PROVISIONS OF FEDERAL, ERRORSTATE OR LOCAL LAW, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION RULES OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTSREGULATIONS, INCLUDING REASONABLE ATTORNEYS’ FEESWITHOUT LIMITATION, RESULTING FROM ANY VIOLATION SECTION 1542 OF THESE TERMS THE CIVIL CODE OF USE THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY YOUHIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Disclaimers. WE TRY TO KEEP KLASHA AVAILABLE AT ALL INFORMATIONTIMES, MATERIALS BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK. OUR WEBSITE AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONWITHOUT ANY EXPRESS, ENDORSEMENTIMPLIED AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KLASHA MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR FREEDOM THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM VIRUSES KLASHA, ITS PARENTS, SUBSIDIARIES, OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACYAFFILIATED COMPANIES, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE ITS OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF THEIR SUPPLIERS (OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTSOR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, LICENSORS"KLASHA PARTIES") SHALL CREATE ANY WARRANTY. Limitation of Liability IN NO EVENT WILL ANY OF THE KLASHA PARTIES BE LIABLE FOR (A) ANY INDIRECT, AND SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSESDAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT OF THE TRANSACTION OR TEN THOUSAND UNITED STATES DOLLARS (US$10,000.00) DOLLARS, EXPENSESWHICHEVER IS LESSER (INCLUDING, DAMAGES AND COSTSWITHOUT LIMITATION, INCLUDING REASONABLE ATTORNEYS’ FEES, THOSE RESULTING FROM ANY VIOLATION LOSS OF THESE TERMS REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH KLASHA’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE BY YOUOF KLASHA’S WEBSITES OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.

Disclaimers. ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE TALL OAK DOES NOT MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISEANY, AND IN PARTICULAR TALL OAK ON BEHALF OF ITSELF AND WITHOUT LIMITATIONOTHER MEMBERS OF THE TALL OAK GROUP, MAKE NO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY (INCLUDING ANY WARRANTIES OF FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES PURPOSE OR OTHER HARMFUL CODE. WE DO NOT WARRANT WARRANTIES WHATSOEVER), WITH RESPECT TO THE ACCURACY, ADEQUACY PERFORMANCE OR COMPLETENESS RESULTS OF THE MATERIALS CONTAINED SERVICES. ADDITIONALLY, TALL OAK HEREBY EXPRESSLY DISCLAIMS, ON BEHALF OF ITSELF AND OTHER MEMBERS OF TALL OAK GROUP, AND THE WEBSITE BUYER HEREBY ACKNOWLEDGES AND AGREES THAT TALL OAK GROUP, SHALL BE FREE FROM, ALL LIABILITY AND RESPONSIBILITY FOR, ANY REPRESENTATION, WARRANTY, STATEMENT OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES INFORMATION WITH RESPECT TO THE FULLEST EXTENT PERMITTED SERVICES THAT IS MADE OR COMMUNICATED (ORALLY OR IN WRITING) TO THE BUYER (INCLUDING ANY OPINION, INFORMATION, PROJECTION OR ADVICE THAT MAY HAVE BEEN PROVIDED TO THE BUYER BY LAW. Limitation of Liability AS A CONDITION ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, CONSULTANT, REPRESENTATIVE OR ADVISOR OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE TALL OAK OR LIABLE TO YOU ANY OF TALL OAK’S AFFILIATES OR TO BY ANY THIRD PARTY CONTRACTORS, SUBCONTRACTORS, VENDORS AND OTHER PERSONS PERFORMING SERVICES HEREUNDER), EXCEPT FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT GROSS NEGLIGENCE OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY WILLFUL MISCONDUCT OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUPERSONS.

Disclaimers. ALL INFORMATIONTO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, MATERIALS AND SERVICES CONTAINED EACH LOOKOUT SERVICE IS PROVIDED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED AN “AS IS.” WE MAKE NO REPRESENTATIONAND “AS AVAILABLE” BASIS, ENDORSEMENT, OR WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR AND EACH LOOKOUT ENTITY DISCLAIMS ANY AND ALL WARRANTIES (WHETHER EXPRESS, IMPLIED, BY DESCRIPTION, BY SAMPLE STATUTORY OR OTHERWISE), AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PURPOSE AND NON-INFRINGEMENT INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE LOOKOUT ENTITIES (AND EACH OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE THEM) DO NOT REPRESENT, WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT GUARANTEE THAT ANY DEFECTS LOOKOUT SERVICE (INCLUDING ANY CONTENT, DATA, RESULTS, INFORMATION OR OUTPUT THEREIN OR OBTAINED THEREFROM): (A) WILL BE CORRECTEDACCURATE, COMPLETE, TIMELY, CURRENT, SECURE (INCLUDING FROM UNAUTHORIZED ACCESS), RELIABLE, UNINTERRUPTED, ERROR-FREE OR MAINTAINED WITHOUT LOSS OR (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. THIS DISCLAIMER OF WARRANTIES APPLIES YOU AGREE THAT, TO THE FULLEST MAXIMUM EXTENT PERMITTED NOT PROHIBITED BY APPLICABLE LAW. Limitation of Liability AS , LOOKOUT AND THE OTHER LOOKOUT ENTITIES WILL NOT BE LIABLE IN WHOLE OR IN PART FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED BY YOUR USE OF A CONDITION OF YOUR USING LOOKOUT SERVICE OR THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, RESULTS, INFORMATION OR ANY OTHER THEORY OUTPUT THEREIN OR OBTAINED THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITYIMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF SO THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOU.

Disclaimers. ALL INFORMATIONEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MATERIALS IT IS UNDERSTOOD AND SERVICES CONTAINED ON THE WEBSITE AGREED THAT SELLER IS NOT MAKING AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, HAS NOT AT ANY TIME MADE ANY WARRANTIES OR WARRANTY REPRESENTATIONS OF ANY KINDKIND OR CHARACTER, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTIONWITH RESPECT TO THE PROPERTY, BY SAMPLE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR OTHERWISEREPRESENTATIONS AS TO HABITABILITY, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETITLE (OTHER THAN SELLER’S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), NON-INFRINGEMENT ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACYPROPERTY WITH GOVERNMENTAL LAWS, ADEQUACY THE TRUTH, ACCURACY OR COMPLETENESS OF THE MATERIALS CONTAINED PROPERTY DOCUMENTS OR ANY OTHER INFORMATION PROVIDED BY OR ON BEHALF OF SELLER TO PURCHASER, OR ANY OTHER MATTER OR THING REGARDING THE WEBSITE OR WARRANT PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE FULLEST EXTENT PERMITTED EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY, ANY EXPRESSED OR IMPLIED WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY LAWSELLER, THE OPERATOR OF THE PROPERTY, OR ANY REAL ESTATE BROKER OR AGENT REPRESENTING OR PURPORTING TO REPRESENT SELLER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. Limitation of Liability PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS A PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF YOUR USING THE WEBSITE PROPERTY AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE RESPONSIBLE OR LIABLE TO YOU OR TAKEN WITH RESPECT TO ANY THIRD PARTY FOR HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY DAMAGE WHATSOEVERINFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. UPON CLOSING, PURCHASER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING, WITHOUT LIMITATION, DIRECT ANY ENVIRONMENTAL LAWS) AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR INDIRECT SPECIALMATTERS REGARDING THE PROPERTY BUT WITHOUT WAIVER OF PURCHASER’S RIGHTS TO RELY ON AND OTHERWISE WITH RESPECT TO REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT. PURCHASER AGREES THAT SHOULD ANY CLEANUP, INCIDENTIALREMEDIATION OR REMOVAL OF HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL CONDITIONS ON THE PROPERTY BE REQUIRED AFTER THE DATE OF CLOSING, CONSEQUENTIAL SUCH CLEAN-UP, REMOVAL OR PUNITIVE DAMAGEREMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF PURCHASER AND SELLER SHALL NOT BE LIABLE TO PURCHASER FOR SUCH CLEAN-UP, LOSSES REMOVAL OR EXPENSES REMEDIATION. AS PART OF THE PROVISIONS OF THIS SECTION 9.2, BUT NOT AS A LIMITATION THEREON, PURCHASER HEREBY AGREES, REPRESENTS AND WARRANTS THAT THE MATTERS RELEASED HEREIN ARE NOT LIMITED TO MATTERS WHICH ARE KNOWN OR DISCLOSED, AND PURCHASER HEREBY WAIVES ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF AND ALL RIGHTS AND BENEFITS WHICH IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSONNOW HAS, OR IN CONNECTION WITH ANY FAILURE THE FUTURE MAY HAVE CONFERRED UPON IT, BY VIRTUE OF PERFORMANCETHE PROVISIONS OF FEDERAL, ERRORSTATE OR LOCAL LAW, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS RULES OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUREGULATIONS.

Disclaimers. ALL INFORMATION, MATERIALS a. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED AN “AS IS.” WE MAKE NO REPRESENTATIONBASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, ENDORSEMENTINCLUDING, OR WARRANTY OF ANY KINDBUT NOT LIMITED TO, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INFRINGEMENT, AND FREEDOM FROM VIRUSES COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE CORRECTEDOPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE WE DO NOT CONTROL, AND ITS CONTENTARE NOT RESPONSIBLE FOR, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE CONTROLLING HOW OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE WHEN OUR USERS USE THEREOF OUR SERVICES OR THE INABILITY FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO USE IT BY ANY PERSON, CONTROL THE ACTIONS OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT INFORMATION (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY CONTENT) OF OUR USERS OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSESOTHER THIRD PARTIES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORSPARTNERS, AND AGENTS (TOGETHER, THE “TUNEBAT PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSESPARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE STATUTE OR LAW WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE WHICH IF KNOWN BY YOUHIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Disclaimers. ALL INFORMATION, MATERIALS PRODUCTS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF YOUR CIN ACCOUNT ARE PROVIDED “AS IS.” EXCEPT FOR THE SPECIFIC CONTENT OF SECTION 8.2, WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATION, ENDORSEMENT, REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, BY DESCRIPTIONSTATUTORY OR OTHERWISE REGARDING PRODUCTS AND YOUR CIN ACCOUNT. WITHOUT LIMITING IN ANY WAY THE FOREGOING, BY SAMPLE OR OTHERWISE, WE AND IN PARTICULAR OUR AFFILIATES AND WITHOUT LIMITATION, LICENSORS MAKE NO WARRANTY (A) THAT PRODUCTS AND YOUR CIN ACCOUNT WILL BE COMPATIBLE WITH YOUR COMPUTER OR OTHER HARDWARE OR SOFTWARE; (B) THAT PRODUCTS AND YOUR CIN ACCOUNT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS; OR (C) THAT ANY CONTENT, INCLUDING YOUR DATA, WILL BE SECURE, OR FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSIONS, OR OTHERWISE LOST, DAMAGED OR UNRETRIEVABLE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSONINFRINGEMENT, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORSQUIET ENJOYMENT, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM WARRANTIES ARISING OUT OF ANY VIOLATION COURSE OF THESE TERMS DEALING OR USAGE OF USE BY YOUTRADE.

Disclaimers. ALL INFORMATIONOTHER THAN AS MAY BE DESCRIBED IN AN SLA, MATERIALS THE SERVICES AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ANY LICENSOR PRODUCTS ARE PROVIDED “AS IS.” WE AND OUR AFFILIATES AND THIRD PARTY LICENSORS MAKE NO REPRESENTATION, ENDORSEMENT, REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES, LICENSOR PRODUCTS, OR ANY SOFTWARE OR MATERIALS PROVIDED THEREWITH, OR THE RESULTS TO BE ACHIEVED THEREFROM, INCLUDING ANY WARRANTY THAT THE SERVICES, LICENSOR PRODUCTS OR SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, SECURE OR FREE OF HARMFUL COMPONENTS, OR THAT YOUR CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY DESCRIPTIONLAW, BY SAMPLE OR OTHERWISEWE AND OUR AFFILIATES AND THIRD PARTY LICENSORS DISCLAIM ALL WARRANTIES, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSONINFRINGEMENT, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORSQUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. SAVVIS MAKES NO WARRANTIES OR REPRESENTATIONS THAT ANY SERVICE WILL BE FREE FROM LOSS OR LIABILITY ARISING OUT OF HACKING OR SIMILAR MALICIOUS ACTIVITY BY ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUPARTY.

Disclaimers. ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE SERVICE IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTIONAND ALL WARRANTIES, BY SAMPLE EXPRESS OR OTHERWISEIMPLIED, AND IN PARTICULAR AND INCLUDING, WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, NONCOURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR UP-INFRINGEMENT TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICE, OR YOUR USE OF THIRDTHE SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-PARTY RIGHTS FREE, SECURE, OR FREEDOM THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICE, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE OF VIRUSES OR OTHER HARMFUL CODECOMPONENTS. WE DO NOT WARRANT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE ACCURACYUSE OF, ADEQUACY OR COMPLETENESS THE RESULTS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETOUSE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE THEREOF OR OF THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’SERVICE, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUYOUR RELIANCE THEREON.

Disclaimers. ALL INFORMATIONa) THE SITE, THE MATERIALS AND SERVICES CONTAINED ON THE WEBSITE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE AND THE CONTENTS THEREOF SOFTWARE ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Revela AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, BY DESCRIPTIONINCLUDING, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLEAND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, NONCOURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Revela AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-INFRINGEMENT FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODECOMPONENTS. WE DO NOT WARRANT YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE ACCURACYSITE, ADEQUACY OR COMPLETENESS AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE MATERIALS CONTAINED SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF Revela OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO SITE, IN THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY SOFTWARE OR OTHERWISE, EVEN IF WE ARE ADVISED FOF SHALL CREATE ANY WARRANTY. YOUR USE OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SITE AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUMATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

Disclaimers. ALL INFORMATIONNEITHER PEMBROKE NOR ANY OTHER THIRD PARTY PARTNERS OF PEMBROKE MAKE ANY REPRESENTATIONS OR WARRANTIES, MATERIALS ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND SERVICES CONTAINED ON FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE WEBSITE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. PEMBROKE IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND THE CONTENTS THEREOF ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED OFFERED “AS IS” AND “WITH ALL FAULTS.” WE MAKE XXXXXXXX MAKES NO REPRESENTATIONREPRESENTATIONS OR WARRANTIES, ENDORSEMENTAND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR WARRANTY OF ANY KINDINFORMATION OFFERED BY PEMBROKE UNDER OR IN CONNECTION WITH THIS AGREEMENT, EITHER EXPRESSED OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY PEMBROKE FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, BY DESCRIPTIONWRITTEN OR ORAL, BY SAMPLE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATIONINCLUDING, MAKE NO BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT OF THIRDINFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-PARTY RIGHTS OR FREEDOM FREE, FREE FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSONCOMPONENTS, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUMEET PURCHASER’S REQUIREMENTS.

Disclaimers. ALL INFORMATIONWE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, MATERIALS AND SERVICES CONTAINED VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON THE WEBSITE SITE OR ON ANY OTHER SITES LINKED TO OR FROM THE SITE. THRIVE ASSUMES NO RESPONSIBILITY, AND EXPLICITLY DISCLAIMS ALL LIABILITY FOR THE CONTENTS THEREOF CONTENT, ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY OR AVAILABILITY OF ANY ARTICLES, BLOGS OR ANY OTHER MATERIALS POSTED ON THE SITE. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT, INACCURATE, OR UNLAWFUL CONTENT POSTED ON THE SITE WHETHER CAUSED BY USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE. UPLOADING, TRANSMITTING, STORING, DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE SITE IS DONE AT YOUR OWN RISK. THE CONTENT OF THE SITE IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONAND ON AN “AS AVAILABLE” BASIS, ENDORSEMENT, OR WARRANTY WITHOUT WARRANTIES OF ANY KINDKIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EITHER EXPRESSED WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, BY DESCRIPTIONINCLUDING, BY SAMPLE OR OTHERWISEBUT NOT LIMITED TO, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUNONINFRINGEMENT.

Disclaimers. ALL INFORMATION, MATERIALS THE SHARED SOFTWARE AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ASSIGNED IP ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WITHOUT ANY WARRANTY OF ANY KIND. AARON’S AGREES THAT AARON’S USE OF THE SHARED SOFTWARE AND ASSIGNED IP IS AT AARON’S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EITHER EXPRESSED OR IMPLIEDEXCEPT AS OTHERWISE EXPRESSLY SET FORTH BY THIS AGREEMENT, BY DESCRIPTIONPROGRESSIVE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, BY SAMPLE WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED STATUTORY OR OTHERWISE, CONCERNING THE PERFORMANCE OF THE SHARED SOFTWARE AND IN PARTICULAR ASSIGNED IP, THE VALIDITY, ENFORCEABILITY AND WITHOUT LIMITATIONSCOPE OF PROGRESSIVE’S INTELLECTUAL PROPERTY RIGHTS RELATED THERETO, MAKE NO THE ACCURACY, COMPLETENESS, SAFETY, USEFULNESS FOR ANY PURPOSE OR LIKELIHOOD OF SUCCESS (COMMERCIAL, REGULATORY OR OTHER) OF THE SOFTWARE AND ANY OTHER TECHNICAL INFORMATION, TECHNIQUES, MATERIALS, METHODS, PRODUCTS, SERVICES, PROCESSES OR PRACTICES AT ANY TIME MADE AVAILABLE BY PROGRESSIVE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PURPOSE AND NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF THIRD-PARTY RIGHTS DEALING, COURSE OF PERFORMANCE, USAGE OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODETRADE PRACTICE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES WITHOUT LIMITATION TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION FOREGOING, PROGRESSIVE SHALL HAVE NO LIABILITY WHATSOEVER TO AARON’S OR ANY OTHER PERSON FOR OR ON ACCOUNT OF YOUR USING THE WEBSITE AND ITS CONTENTANY INJURY, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE LOSS, OR LIABLE TO YOU DAMAGE, OF ANY KIND OR TO ANY THIRD PARTY FOR NATURE, SUSTAINED BY, OR ANY DAMAGE WHATSOEVERASSESSED OR ASSERTED AGAINST, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL ANY OTHER LIABILITY INCURRED BY OR PUNITIVE DAMAGE, LOSSES IMPOSED ON AARON’S OR EXPENSES OF ANY KINDOTHER PERSON, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OUT OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OR RESULTING FROM (A) THE USE AND PRACTICE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION THE SHARED SOFTWARE OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATAASSIGNED IP, OR (B) THE USE OF OR ANY OTHER THEORY ERRORS OR OMISSIONS IN ANY SOFTWARE OR ANY TECHNICAL INFORMATION, TECHNIQUES, OR PROCEDURES OR PROCESSES DISCLOSED BY PROGRESSIVE. PROGRESSIVE DOES NOT WARRANT THAT THE SHARED SOFTWARE OR ASSIGNED IP WILL OPERATE IN COMBINATION WITH HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY PROGRESSIVE, EXCEPT AS EXPRESSLY SPECIFIED IN ANY DOCUMENTATION THAT MAY BE PROVIDED, OR THAT THE OPERATION OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY THE SHARED SOFTWARE OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES ASSIGNED IP WILL BE UNINTERRUPTED OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUERROR-FREE.

Disclaimers. ALL INFORMATION, MATERIALS IT IS UNDERSTOOD AND SERVICES CONTAINED ON THE WEBSITE AGREED THAT SELLER IS NOT MAKING AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, HAS NOT AT ANY TIME MADE ANY WARRANTIES OR WARRANTY REPRESENTATIONS OF ANY KINDKIND OR CHARACTER, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTIONWITH RESPECT TO THE PROPERTY, BY SAMPLE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR OTHERWISEREPRESENTATIONS AS TO HABITABILITY, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLETITLE (OTHER THAN SELLER’S SPECIAL WARRANTY OF TITLE TO BE SET FORTH IN THE SPECIAL WARRANTY DEED), NON-INFRINGEMENT OF THIRD-PARTY RIGHTS ZONING, TAX CONSEQUENCES, PHYSICAL OR FREEDOM FROM VIRUSES ENVIRONMENTAL CONDITION (INCLUDING, BUT NOT LIMITED TO, HAZARDOUS MATERIALS CONTAMINATION), UTILITIES, OPERATING HISTORY OR OTHER HARMFUL CODE. WE DO NOT WARRANT PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE ACCURACY, ADEQUACY OR COMPLETENESS COMPLIANCE OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION PROPERTY WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATAGOVERNMENTAL LAWS, OR ANY OTHER THEORY MATTER OR THING REGARDING THE PROPERTY. BUYER ACKNOWLEDGES AND AGREES THAT, UPON CLOSING, SELLER SHALL SELL AND CONVEY TO BUYER AND BUYER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS.” BUYER AND SELLER AGREE THAT THE PROVISIONS OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THIS PARAGRAPH 2 SHALL SURVIVE THE POSSIBILITY CLOSING OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION TRANSACTION CONTEMPLATED BY THE CONTRACT AND THIS ADDENDUM AND THE RECORDING OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUSPECIAL WARRANTY DEED HEREUNDER.

Disclaimers. ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE LICENSED SOFTWARE IS PROVIDED “"AS IS.” WE MAKE NO REPRESENTATION" AND GEOPLIANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, ENDORSEMENTWHETHER EXPRESS, OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE, MEDIA AND IN PARTICULAR ANY OTHER SERVICES AND WITHOUT LIMITATIONMATERIALS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT, MAKE NO INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF THIRD-PARTY RIGHTS DEALING, USAGE OR FREEDOM FROM VIRUSES TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GEOPLIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LICENSED SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER HARMFUL CODESOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES (EXCEPT AS EXPRESSLY SET FORTH IN THE MATERIALS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND (II) WE DO NOT WARRANT THAT THE ACCURACY, ADEQUACY SERVICE WILL PERFORM WITHOUT ERROR OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTEDIMMATERIAL INTERRUPTION. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN GEOPLIANT HAS NO EVENT SHALL WE BE RESPONSIBLE LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION YOUR RELIANCE THEREON AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO GEOPLIANT BE LIABLE FOR INCOMPLETE OR INACCURATE DATA CONTAINED IN THE SOFTWARE. YOU EXCEED U.S. $100. Indemnification YOU FURTHER AGREE TO INDEMNIFY, DEFEND, AND HOLD GEOPLIANT HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, FOR INCIDENTAL OR CONSEQUENTIAL OCCURENCES RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUYOUR IMPROPER RELIANCE ON THE DATA CONTAINED IN THE SOFTWARE.

Disclaimers. ALL INFORMATIONEXCEPT AS EXPRESSLY PROVIDED HEREIN, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, BY DESCRIPTION, BY SAMPLE STATUTORY OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATIONEACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, MAKE NO INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CONTENT AND BETA SERVICES ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY RIGHTS HOSTING PROVIDERS. THE CONTENT IS PROVIDED TO THE USER FOR GENERAL INFORMATION ONLY. THE CONTENT IS NOT NECESSARILY REFLECTIVE OF THE VIEWS OR FREEDOM FROM VIRUSES POLICIES OF INHEALTH, AND SHALL NOT BE CONSTRUED AS LEGAL ADVICE OR OTHER HARMFUL CODEA REASONABLE SUBSTITUTION FOR LAW. WE DO NOT WARRANT ENDORSE THE ACCURACYQUALITY, ADEQUACY RELIABILITY, OR COMPLETENESS ACCURACY OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, NOR ANY INDIVIDUALS OR CORPORATIONS DESCRIBED HEREIN. YOU AGREE THAT SHOULD USE YOUR OWN JUDGMENT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES MAKING USE OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE CONTENT AND ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSESRESPONSIBLE FOR YOUR OWN RESEARCH AND DECISIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OURCONTENT DOES NOT REPLACE CONSULTATIONS WITH PROFESSIONAL ADVISORS, OUR LICENSORS’SUCH AS QUALIFIED LEGAL PROFESSIONALS, SUPPLIER’SADJUSTERS, VENDORS’HEALTHCARE PROVIDERS, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFYMEDICAL ASSESSORS, DEFENDACCOUNTANTS, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUAND/OR ENGINEERS.

Disclaimers. ALL INFORMATION, MATERIALS EXCEPT FOR THE LIMITED WARRANTIES IN THIS SECTION: (A) THE PRODUCTS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.,” WE MAKE NO REPRESENTATIONWITH ALL FAULTS, ENDORSEMENT, OR WARRANTY AND WITHOUT WARRANTIES OF ANY KIND; AND (B) KNOWBE4 EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTIONINCLUDING, BY SAMPLE OR OTHERWISEBUT NOT LIMITED TO, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO KNOWBE4 DOES NOT WARRANT THAT THE ACCURACY, ADEQUACY OR COMPLETENESS OPERATION OF THE MATERIALS CONTAINED ON PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE OR WARRANT THAT ANY DEFECTS PRODUCTS WILL BE CORRECTED. THIS DISCLAIMER NO ORAL OR WRITTEN INFORMATION, MARKETING, OR PROMOTIONAL MATERIALS, OR ADVICE GIVEN BY KNOWBE4 OR KNOWBE4’S AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES APPLIES PROVIDED HEREIN. CUSTOMER ACKNOWLEDGES THAT COURSEWARE IS FOR GENERAL INFORMATION PURPOSES ONLY AND THAT KNOWBE4 IS NOT A LAW FIRM, NOR DOES IT PROVIDE ANY PROFESSIONAL OR ADVISORY SERVICES. THE INFORMATION PRESENTED IS NOT LEGAL ADVICE AND IS NOT TO BE ACTED ON AS SUCH. THE FULLEST EXTENT PERMITTED BY LAWPRODUCTS MAY CONTAIN THE TRADE NAMES OR TRADEMARKS OF VARIOUS THIRD PARTIES AND, IF SO, ANY SUCH USE IS FOR ILLUSTRATIVE AND EDUCATIONAL PURPOSES ONLY. Limitation of Liability AS A CONDITION ALL PRODUCT AND COMPANY NAMES ARE PROPERTY OF YOUR USING THEIR RESPECTIVE OWNERS. USE OR DISPLAY OF THE WEBSITE AND ITS CONTENTMARKS DOES NOT IMPLY ANY AFFILIATION WITH, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE ENDORSEMENT BY, OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES ASSOCIATION OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF KIND BETWEEN SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION THIRD PARTIES AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUKNOWBE4.

Disclaimers. ALL INFORMATIONYOU AGREE THAT YOUR USE OF APPLE IST CERTIFICATES OR APPLE CRLS IS SOLELY AT YOUR OWN RISK. YOU ARE HEREBY NOTIFIED OF THE POSSIBILITY OF THEFT OR OTHER FORM OF COMPROMISE OF A PRIVATE KEY CORRESPONDING TO A PUBLIC KEY CONTAINED IN AN IST CERTIFICATE, MATERIALS WHICH MAY OR MAY NOT BE DETECTED, AND SERVICES CONTAINED ON OF THE WEBSITE POSSIBILITY THAT A STOLEN OR COMPROMISED KEY MAY BE USED TO FORGE A DIGITAL SIGNATURE TO A DOCUMENT. YOU AGREE THAT THE IST CERTIFICATES AND THE CONTENTS THEREOF APPLE CRLS ARE PROVIDED ON AN “AS IS.” WE MAKE NO REPRESENTATIONAND AS AVAILABLE BASIS, ENDORSEMENT, OR WARRANTY EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. APPLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PURPOSE AND NON-INFRINGEMENT INFRINGEMENT. APPLE DOES NOT MAKE ANY WARRANTY THAT THE IST CERTIFICATES OR APPLE CRLS WILL MEET YOUR REQUIRMENTS, OR THAT THEY WILL BE ERROR FREE; NOR DOES APPLE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIRD-PARTY RIGHTS THE IST CERTIFICATES OR FREEDOM APPLE CRLS, OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THEIR USE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF APPLE IST CERTIFICATES OR APPLE CRLS IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIRUSES APPLE OR OTHER HARMFUL CODETHROUGH APPLE IST CERTIFICATES OR APPLE CRLS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE TO THE EXTENT JURISDICTIONS DO NOT WARRANT ALLOW THE ACCURACYEXCLUSION OF CERTAIN WARRANTIES, ADEQUACY OR COMPLETENESS SOME OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL ABOVE EXCLUSIONS MAY NOT APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOU.

Disclaimers. ALL INFORMATIONNEITHER DCI NOR ANY THIRD PARTY PARTNER OF DCI MAKES ANY REPRESENTATIONS OR WARRANTIES, MATERIALS ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND SERVICES CONTAINED ON FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE WEBSITE REPORT OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. DCI IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE REPORT AND THE CONTENTS THEREOF ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY DCI UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED OFFERED “AS IS” AND “WITH ALL FAULTS.” WE MAKE DCI MAKES NO REPRESENTATIONREPRESENTATIONS OR WARRANTIES, ENDORSEMENTAND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE REPORT AND ANY OTHER PRODUCT, SERVICE, OR WARRANTY OF ANY KINDINFORMATION OFFERED BY DCI UNDER OR IN CONNECTION WITH THIS AGREEMENT, EITHER EXPRESSED OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY DCI FOR PROVIDING THE REPORT, EXPRESS OR IMPLIED, BY DESCRIPTIONWRITTEN OR ORAL, BY SAMPLE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATIONINCLUDING, MAKE NO BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEACCURACY, NON-INFRINGEMENT OF THIRDINTERFERENCE, QUALITY, TITLE, NON- INFRINGEMENT, OR THAT THE REPORT WILL BE TIMELY, ERROR-PARTY RIGHTS FREE, OR FREEDOM FREE FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSONCOMPONENTS, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUMEET PURCHASER’S REQUIREMENTS.

Disclaimers. ALL INFORMATIONEXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, MATERIALS NONE OF COMPANY OR ITS PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY UNDER APPLICABLE LAW. Limitation of Liability AS , SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A CONDITION PARTICULAR PURPOSE OR USE (WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED), WARRANTIES OF YOUR USING THE WEBSITE TITLE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITENON-INFRINGEMENT, ANY PORTION OF IT IMPLIED INDEMNIFICATION OBLIGATIONS, OR OTHER WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, WITH RESPECT TO THE SOFTWARE OR ANY WEBSITE LINKED HERETO, THE USE COMPONENTS THEREOF OR THE INABILITY RESULTS OBTAINED FROM THEIR USE, ANY DECISIONS MADE OR ACTIONS TAKEN IN RELIANCE THEREUPON OR AS TO USE IT BY ANY PERSONTHE PERFORMANCE THEREOF (WHETHER PERFORMED IN WHOLE, PART OR IN CONNECTION WITH ANY FAILURE NOT AT ALL). NONE OF PERFORMANCECOMPANY OR ITS PROVIDERS GUARANTEE THE ADEQUACY, ERRORACCURACY, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION TIMELINESS OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS COMPLETENESS OF DATA, THE SOFTWARE OR ANY COMPONENTS THEREOF OR THAT IT WILL BE ERROR FREE OR FREE FROM COMPUTER VIRUSES OR OTHER THEORY INFIRMITY OR CORRUPTION. NONE OF LIABILITYCOMPANY OR ITS PROVIDERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OMISSIONS OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSESDELAYS THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION SOFTWARE AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF LICENSEE’S USE BY YOUTHEREOF IS AT LICENSEE’S OWN RISK.

Disclaimers. ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF APPLICATION, AND ALL OF THEIR MATERIALS, FEATURES AND SERVICES ARE PROVIDED “ON AN "AS IS.” " BASIS, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY KIND, EITHER EXPRESSED SPECIFICALLY DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED) OF TITLE, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM VIRUSES, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability ADESA, ITS CONTRACTORS, AGENTS AND AFFILIATES MAKE NO REPRESENTATIONS WHATSOEVER THAT ANY AUTOMATED SYSTEM WILL OPERATE WITHOUT INTERRUPTION OR THAT IT WILL BE ERROR FREE. ADESA, ITS CONTRACTORS, AGENTS AND AFFILIATES FURTHER MAKE NO REPRESENTATIONS WHATSOEVER AS A CONDITION OF YOUR USING TO: (A) ANY AUTOMATED SYSTEM WILL OPERATE WITHOUT INTERRUPTION OR THAT IT WILL BE ERROR FREE. (A) THE WEBSITE OR APPLICATION; (B) THE MATERIALS ON OR PROVIDED THROUGH THE WEBSITE OR APPLICATION; (C) ANY DOWNLOADABLE ITEMS; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE WEBSITE OR APPLICATION; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OF REFERENCED AT THE WEBSITE OR APPLICATION; AND ITS CONTENT, YOU AGREE (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM ADESA OR VIA THE WEBSITE OR APPLICATION.‌ ADESA DOES NOT REPRESENT OR WARRANT THAT ANY DEFECTS IN NO EVENT SHALL WE THE WEBSITE OR APPLICATION WILL BE RESPONSIBLE CORRECTED; OR LIABLE TO YOU THAT THE WEBSITE OR TO APPLICATION OR THE SERVER THAT MAKES THE WEBSITE OR APPLICATION AVAILABLE ARE FREE FROM ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVERHARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, DIRECT VIRUSES OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OTHER MALWARE. ADESA DOES NOT MAKE ANY REPRESENTATIONS OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH WARRANTIES THAT THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT INFORMATION (INCLUDING NEGLIGENCE)ANY INSTRUCTIONS) ON THE WEBSITE OR APPLICATION IS ACCURATE, WARRANTYCOMPLETE, STRICT LIABILITY CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. ADESA DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE OR APPLICATION IS LAWFUL IN ANY PARTICULAR JURISDICTION, EVEN IF WE ARE ADVISED FOF AND ADESA SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE POSSIBILITY DISCLAIMER OF SUCH DAMAGES, LOSSES IMPLIED OR EXPENSES. OTHER WARRANTIES SO THE FOREGOING LIMITATION OF LIABILITY SHALL ABOVE DISCLAIMER MAY NOT APPLY TO THE FULLEST EXTENT PERMITTED SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT. BY LAW ACCESSING, USING OR DOWNLOADING THE WEBSITE OR APPLICATION, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOU.WEBSITE OR APPLICATION.‌‌

Disclaimers. ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE SERVICE IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTIONAND ALL WARRANTIES, BY SAMPLE EXPRESS OR OTHERWISEIMPLIED, AND IN PARTICULAR AND INCLUDING WITHOUT LIMITATION, MAKE NO LIMITATION IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, NONCOURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR UP-INFRINGEMENT TO-DATE, ALL OF THIRDWHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICE, OR YOUR USE OF THE SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-PARTY RIGHTS FREE, SECURE, OR FREEDOM THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICE, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE OF VIRUSES OR OTHER HARMFUL CODECOMPONENTS. WE DO NOT WARRANT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE ACCURACYUSE OF, ADEQUACY OR COMPLETENESS THE RESULTS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETOUSE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE THEREOF OR OF THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’SERVICE, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUYOUR RELIANCE THEREON.

Disclaimers. ALL INFORMATIONa) CARRIER LINES. Carrier lines are selected by the Participant and are provided by common carriers not part of the NV DIRECT messaging system. It is the duty of the Participant to validate that the selected carrier provides secure lines. THE PARTIES ACKNOWLEDGE THAT ACCESS TO THE NV DIRECT SERVICES, MATERIALS IS PROVIDED OVER VARIOUS FACILITIES AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISECOMMUNICATION LINES, AND IN PARTICULAR INFORMATION WILL BE TRANSMITTED OVER SUCH FACILITIES AND WITHOUT LIMITATIONCOMMUNICATIONS LINES, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITYOVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES, FITNESS FOR A PARTICULAR PURPOSEAND THROUGH ROUTERS, TITLESWITCHES, NON-INFRINGEMENT OF AND OTHER DEVICES (COLLECTIVELY, “CARRIER LINES”) THAT ARE OWNED, MAINTAINED AND SERVICED BY THIRD-PARTY RIGHTS CARRIERS, UTILITIES, AND INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE SELECTED BY PROVIDER AS THE MEANS OF ACCESSING NV DIRECT AND WHICH ARE BEYOND DHHS’S CONTROL OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODETHE CONTROL OF ITS DESIGNATED SUBCONTRACTOR. WE DO NOT WARRANT IT IS THE ACCURACY, ADEQUACY OR COMPLETENESS DUTY OF THE MATERIALS CONTAINED ON THE WEBSITE PARTICIPANT TO OBTAIN SECURE CARRIER LINES. DHHS HEREBY DISCLAIMS FOR ITSELF AND ITS DESIGNATED SUBCONTRACTOR ANY AND ALL LIABILITY FOR OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES RELATING TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENTINTEGRITY, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE PRIVACY, SECURITY, CONFIDENTIALITY, OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES USE OF ANY KINDINFORMATION WHILE IT IS TRANSMITTED ON, ARISING IN CONNECTION WITH THROUGH OR OVER THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATACARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY PATIENT INFORMATION OR OTHER THEORY INFORMATION OF LIABILITYANY NATURE WHATSOEVER ATTRIBUTABLE TO TRANSMISSION ON, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY THROUGH OR OTHERWISE, EVEN IF WE ARE ADVISED FOF OVER THE POSSIBILITY CARRIER LINES. USE OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION CARRIER LINES IS SOLELY AT THE RISK OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION PARTICIPANT AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’ITS AUTHORIZED USERS, AND PARTNERS’ CUMULATIVE LIABILITY IS SUBJECT TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFYALL APPLICABLE LOCAL, DEFENDSTATE, NATIONAL AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUINTERNATIONAL LAWS.

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ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONLEASE, ENDORSEMENT, IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR WARRANTY REPRESENTATIONS OF ANY KINDKIND OR CHARACTER, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTIONWITH RESPECT TO THE PROPERTY, BY SAMPLE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR OTHERWISEREPRESENTATIONS AS TO HABITABILITY, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETITLE (OTHER THAN SELLER'S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), NON-INFRINGEMENT ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. 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Limitation of Liability PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS A PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF YOUR USING THE WEBSITE PROPERTY AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE RESPONSIBLE OR LIABLE TO YOU OR TAKEN WITH RESPECT TO ANY THIRD PARTY FOR HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY DAMAGE WHATSOEVERINFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. 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THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTSREGULATIONS, INCLUDING REASONABLE ATTORNEYS’ FEESWITHOUT LIMITATION, RESULTING FROM SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 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Disclaimers. SSG, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY KINDOTHER WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED. SSG MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE SERVICES, PRODUCTS AND ANY RELATED INSTALLATION, CONFIGURATION, MAINTENANCE OR OTHER SUPPORT SERVICES, EXPRESS OR IMPLIED, BY DESCRIPTION, BY SAMPLE AT LAW OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT INFRINGEMENT, ALL OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODEWHICH ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT WARRANT WITHOUT LIMITING THE FOREGOING SSG MAKES NO PROMISE: (A) AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE SERVICES OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR ALL OF WHICH ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS; (B) AS TO ANY THIRD THIRD-PARTY FOR PROVIDER OR ANY DAMAGE WHATSOEVEROF ITS PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT WHETHER OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF NOT SSG MAY HAVE DESIGNATED IT OR ANY WEBSITE LINKED HERETO, ITS PRODUCTS OR SERVICES AS “CERTIFIED,” “VALIDATED,” OR OTHERWISE; (C) THAT THE USE THEREOF OR OF THE INABILITY TO USE IT BY ANY PERSONPRODUCTS AND SERVICES SHALL BE SECURE, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN CONNECTION COMBINATION WITH ANY FAILURE OF PERFORMANCEOTHER HARDWARE, ERRORSOFTWARE, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION SYSTEM OR TRANSMISSION, COMPUTER VIRUS, LINE DATA; (D) THAT THE PRODUCTS AND SERVICES SHALL MEET CLIENT’S REQUIREMENTS OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOU.EXPECTATIONS;

Disclaimers. THE PROGRAM, YOUR RADICAL SITE URL AND YOUR RADICAL SITE AND ALL INFORMATION, OTHER MATERIALS AND SERVICES CONTAINED ON PROVIDED TO YOU BY US IN CONNECTION WITH THE WEBSITE AND PROGRAM (COLLECTIVELY THE CONTENTS THEREOF “SERVICE OFFERINGS”) ARE PROVIDED “AS IS.” NEITHER WE NOR ANY OF OUR SERVICE PROVIDERS MAKE NO REPRESENTATION, ENDORSEMENT, ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY DESCRIPTIONAPPLICABLE LAW, BY SAMPLE OR OTHERWISEWE AND OUR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF THIRD-PARTY RIGHTS ANY COURSE OF DEALING, PERFORMANCE, OR FREEDOM TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM VIRUSES TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER HARMFUL CODEINFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS NOR ANY OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS OUR SERVICE PROVIDERS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVERCOMPENSATION, INCLUDINGREIMBURSEMENT, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, DAMAGES ARISING IN CONNECTION WITH THE WEBSITE(X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETOANTICIPATED SALES, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSONGOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY THIS AGREEMENT OR YOUR PARTICIPATION IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATATHE PROGRAM, OR (Z) ANY OTHER THEORY TERMINATION OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY THIS AGREEMENT OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW YOUR PARTICIPATION IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUPROGRAM.

Disclaimers. ALL INFORMATIONEXCEPT AS SET FORTH IN SECTION 10, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONWARRANTIES REGARDING THE SOFTWARE OR SERVICES. NO ORAL INFORMATION OR ADVICE GIVEN BY US OR A JAMF-AUTHORIZED RESELLER WILL CREATE A WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENDORSEMENTWE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, OR WARRANTY OF INCLUDING ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODEPURPOSE . WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS AGAINST ALL INTERFERENCE WITH YOUR ENJOYMENT OF THE MATERIALS SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED ON IN THE WEBSITE SOFTWARE OR WARRANT SERVICES WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE CORRECTEDUNINTERRUPTED OR ERROR-FREE OR THAT WE WILL CORRECT ALL DEFECTS IN THE SOFTWARE OR SERVICES. THIS DISCLAIMER OF WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION THAT THE SOFTWARE OR SERVICES WILL DETECT OR PREVENT ANY SYSTEM ATTACK, THREAT, MALWARE OR VULNERABILITY. WE MAKE NO GUARANTEES AND PROVIDE NO WARRANTY REGARDING THIRD-PARTY CONTENT OR THIRD-PARTY PATCH MATERIALS. THE WARRANTIES APPLIES JAMF PROVIDES IN SECTION 10 DO NOT APPLY TO THE FULLEST EXTENT PERMITTED THIRD-PARTY CONTENT OR THIRD- PARTY PATCH MATERIALS AND JAMF DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OR LOSS RELATED TO THIRD- PARTY CONTENT OR THIRD-PARTY PATCH MATERIALS. FURTHER, JAMF DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR CONTENT, MATERIALS OR PRODUCTS FOUND ON THIRD-PARTY WEBSITES THAT ARE ACCESSED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USER ON A DEVICE THAT IS USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE SOFTWARE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUSERVICES.

Disclaimers. ALL INFORMATIONEXCEPT AS EXPRESSLY PROVIDED HEREIN, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE DO NOT MAKE NO REPRESENTATION, ENDORSEMENT, OR ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, BY DESCRIPTION, BY SAMPLE STATUTORY OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATIONWE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, MAKE NO INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PURPOSE OR NON-INFRINGEMENT INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CONTENT AND BETA SERVICES ARE PROVIDED "AS IS," EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODEHOSTING PROVIDERS. WE DO NOT WARRANT THE ACCURACYINDEMNIFICATION You will defend Us against any claim, ADEQUACY OR COMPLETENESS demand, suit or proceeding made or brought against Us by a third party alleging that any of Your Data infringes or misappropriates such third party’s intellectual property rights, or arising from Your use of the Services or content in violation of the Agreement and You will indemnify Us from any damages, attorney fees and any costs finally awarded against Us as a result of, or for any amounts paid by Us under a settlement approved by You in writing of, a Claim Against Us, provided We (a) promptly give You written notice of the Claim Against Us, and (b) give You all reasonable assistance, at Your expense. LIMITATION OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT LIABILITY IN NO EVENT SHALL WE BE RESPONSIBLE OUR AGGREGATE LIABILITY TOGETHER WITH ALL OF OUR AFFILIATES ARISING OUT OF OR LIABLE RELATED TO YOU OR THIS AGREEMENT EXCEED UNITED STATES DOLLAR 1 (ONE) FOR THE SERVICES GIVING RISE TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND THEORY OF LIABILITY. IN NO EVENT SHALL OURWILL WE OR OUR AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, OUR LICENSORS’REVENUES, SUPPLIER’SGOODWILL, VENDORS’OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100REGARDLESS OF THE THEORY OF LIABILITY. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOU.DATA PROTECTION

Disclaimers. ALL INFORMATIONIN ADDITION TO THE DISCLAIMERS IN THE GENERAL TERMS OF THIS AGREEMENT, MWS AND MWS MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “"AS IS.” ". WE AND OUR AFFILIATE COMPANIES AND LICENSORS MAKE NO REPRESENTATION, ENDORSEMENT, REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING MWS OR MWS MATERIALS, INCLUDING ANY WARRANTY THAT MWS OR MWS MATERIALS WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY SOFTWARE, DATA, TEXT, AUDIO, VIDEO, IMAGES, OR OTHER CONTENT YOU ACCESS, USE, STORE, RETRIEVE, OR TRANSMIT IN CONNECTION WITH MWS, INCLUDING YOUR INFORMATION, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY DESCRIPTIONLAW, BY SAMPLE OR OTHERWISEWE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLENON- INFRINGEMENT, NON-INFRINGEMENT OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF THIRD-PARTY RIGHTS ANY COURSE OF DEALING OR FREEDOM FROM VIRUSES USAGE OF TRADE. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS LICENSORS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVERCOMPENSATION, INCLUDINGREIMBURSEMENT, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, DAMAGES ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR WITH: (A) THE INABILITY TO USE IT BY MWS OR MWS MATERIALS, INCLUDING AS A RESULT OF ANY PERSONTERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO MWS OR MWS MATERIALS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO MWS OR MWS MATERIALS; OR (D) ANY FAILURE TERMINATION OR SUSPENSION OF PERFORMANCETHIS AGREEMENT OR YOUR USE OF OR ACCESS TO MWS OR MWS MATERIALS. WE AND OUR AFFILIATE COMPANIES AND LICENSORS MAY DISCONTINUE PROVIDING OR DEPRECATE MWS AND ANY MWS MATERIALS, ERRORAND MAY CHANGE THE NATURE, OMISSIONFEATURES, INTERUPTIONFUNCTIONS, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATASCOPE, OR OPERATION OF MWS AND ANY OTHER THEORY MWS MATERIALS FROM TIME TO TIME, AND YOU AGREE THAT NEITHER WE NOR ANY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OUR AFFILIATE COMPANIES OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY LICENSORS WILL BE LIABLE TO YOU FOR ANY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUACTIONS.

Disclaimers. ALL INFORMATIONYOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CARE, MATERIALS CUSTODY AND SERVICES CONTAINED ON RETURN OF ANY RENTAL ITEM(S), INCLUDING ANY LOSS OR DAMAGE THEREOF, IN ACCORDANCE WITH THIS RENTAL AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE AND THE CONTENTS THEREOF RENTAL ITEM(S) ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE ANY CLAIM WITH RESPECT TO THE RENTAL ITEM(S) OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVERRENTAL LOCATION, INCLUDING, WITHOUT LIMITATION, DIRECT CLAIMS ARISING FROM OR INDIRECT SPECIALRELATED TO (A) THE EXISTENCE, INCIDENTIALSAFETY, CONSEQUENTIAL QUALITY, ADEQUACY OR PUNITIVE DAMAGE, LOSSES OR EXPENSES FITNESS FOR A PARTICULAR PURPOSE OF ANY KINDRENTAL ITEM(S), ARISING IN CONNECTION WITH THAT A RENTAL OWNER HAS THE WEBSITEPROPER RIGHTS TO LIST RENTAL ITEM(S) OR THAT THE RENTAL OWNER WILL CONSUMMATE ANY TRANSACTION; AND/OR (B) THE SAFETY OR ACCESSIBILITY OF A RENTAL LOCATION, ANY PORTION OF IT INCLUDING, WITHOUT LIMITATION, KNOWN OR ANY WEBSITE LINKED HERETOUNKNOWN HAZARDS, THE USE THEREOF HAZARDOUS MATERIALS OR SUBSTANCES, AIR OR WATER QUALITY, DANGEROUS CONDITIONS, ANIMALS, OR OTHER CONDITIONS AT SUCH LOCATION, OR THE INABILITY ACTS OR OMISSIONS OF THE RENTAL OWNER OR INVITEES, LICENSEE OR TRESPASSERS AT THE RENTAL LOCATION OR THE RESULTS OF OR FAILURE TO USE IT PERFORM ANY INSPECTION OF THE RENTAL LOCATION BY ANY PERSONUS, INCLUDING CLAIMS RESULTING IN PERSONAL INJURY (INCLUDING DEATH) OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION DAMAGE TO OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATAPERSONAL PROPERTY, OR ANY OTHER THEORY OF LIABILITYARE SOLELY BETWEEN YOU AND THE APPLICABLE RENTAL OWNER, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT AND WE HAVE NO LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WITH RESPECT THERETO EXCEPT SOLELY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, ARISING FROM OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUGROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Disclaimers. ALL INFORMATIONTO THE FULLEST EXTENT ALLOWED BY LAW, MATERIALS (I) EXCEPT AS SET FORTH IN THE PURCHASE AGREEMENT, LICENSOR DOES NOT MAKE ANY ADDITIONAL WARRANTIES, WHETHER EXPRESS OR IMPLIED, CONDITIONS, OR REPRESENTATIONS TO CUSTOMER, ANY OF ITS AFFILIATES OR ANY OTHER PARTY WITH RESPECT TO THE LICENSOR TECHNOLOGY OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY; AND SERVICES CONTAINED ON (II) THE WEBSITE AND THE CONTENTS THEREOF ARE LICENSOR TECHNOLOGY IS PROVIDED “AS IS.” WE MAKE NO AND “AS AVAILABLE” INCLUDING WITH ALL FAULTS AND ERRORS AS MAY OCCUR THEREIN. WITHOUT LIMITING THE FOREGOING, ANY WARRANTY, CONDITION, OR REPRESENTATION, ENDORSEMENTWHETHER EXPRESS, IMPLIED, OR WARRANTY OF ANY KINDSTATUTORY, EITHER EXPRESSED OR IMPLIEDINCLUDING WITH RESPECT TO OPERABILITY, BY DESCRIPTIONUSE, BY SAMPLE OR OTHERWISEACCURACY, AND IN PARTICULAR AND WITHOUT LIMITATIONVALIDITY, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODEARE EXPRESSLY EXCLUDED AND DISCLAIMED. WE DO LICENSOR DOES NOT WARRANT THAT THE ACCURACYLICENSOR TECHNOLOGY WILL MEET THE CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, ADEQUACY OR COMPLETENESS THAT THE LICENSOR TECHNOLOGY WILL OPERATE UNINTERRUPTED OR ERROR-FREE. THE USE OF THE MATERIALS CONTAINED ON LICENSOR TECHNOLOGY IS AT THE WEBSITE SOLE DISCRETION AND RISK OF THE CUSTOMER AND/OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORSSUBCONTRACTORS, SUCCESSORS, AND ASSIGNS. LICENSOR DOES NOT MAKE ANY WARRANTIES REGARDING THIRD PARTY SERVICE PROVIDER FROM SOFTWARE (INCLUDING OPEN SOURCE SOFTWARE). CUSTOMER ACKNOWLEDGES AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE AGREES THAT THE TERMS OF A THIRD PARTY SOFTWARE LICENSE MAY OVERRIDE SOME OF THE TERMS OF THIS AGREEMENT. Some states may not allow the exclusion or limitation of warranties, so the above limitation or exclusion may not apply to you. This Agreement gives Customer specific legal rights and obligations, and Customer may also have other legal rights or obligations which vary from state to state. CUSTOMER ASSUMES SOLE RESPONSIBILITY FOR RESULTS OBTAINED FROM THE USE OF THE LICENSOR TECHNOLOGY AND FOR CONCLUSIONS DRAWN FROM SUCH USE. CUSTOMER ACKNOWLEDGES THAT THE LICENSOR TECHNOLOGY WAS NOT DESIGNED TO CUSTOMER’S REQUIREMENTS AND THAT IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT THE LICENSOR TECHNOLOGY AS DESCRIBED IN THE DOCUMENTATION MEETS ITS REQUIREMENTS. THE LICENSOR TECHNOLOGY IS INTENDED ONLY AS A DIAGNOSTIC AID AND IS NOT A SUBSTITUTE FOR THE EXPERTISE AND JUDGEMENT OF PHYSICIANS OR OTHER HEALTHCARE PROFESSIONALS. ALL INFORMATION IS PROVIDED ON THE BASIS THAT THE HEALTHCARE PROFESSIONALS RESPONSIBLE FOR PATIENT CARE WILL RETAIN FULL AND SOLE RESPONSIBILITY FOR DECIDING ANY CARE OR TREATMENT TO PRESCRIBE OR DISPENSE FOR ALL PATIENTS AND IN PARTICULAR WHETHER THE USE OF INFORMATION PROVIDED BY YOUTHE LICENSOR TECHNOLOGY IS SAFE, APPROPRIATE OR EFFECTIVE FOR ANY PARTICULAR PATIENT OR IN ANY PARTICULAR CIRCUMSTANCES.

Disclaimers. ALL INFORMATIONEACH PARTY ACKNOWLEDGES AND AGREES THAT: (a) EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SPECIFICALLY INCLUDED IN THIS AGREEMENT OR IN ANY CERTIFICATE, MATERIALS AND SERVICES CONTAINED INSTRUMENT OR OTHER ANCILLARY CLOSING DOCUMENT DELIVERED IN CONNECTION WITH THE CONSUMMATION OF THE TRANSACTIONS BY OR ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE BEHALF OF A PARTY, OR ANY AFFILIATE THEREOF, NO REPRESENTATIONPARTY, ENDORSEMENTOR ANY AFFILIATE OR REPRESENTATIVE THEREOF, MAKES ANY OTHER REPRESENTATION OR WARRANTY OF ANY KINDKIND OR NATURE WHATSOEVER (WHETHER WRITTEN, EITHER EXPRESSED ORAL, EXPRESS OR IMPLIED), BY DESCRIPTIONWITH RESPECT TO OR REGARDING SUCH PARTY, BY SAMPLE THE EJMMF OR OTHERWISETFMMF, OR ANY OF THEIR RESPECTIVE AFFILIATES OR THIS AGREEMENT OR ANY ANCILLARY CLOSING DOCUMENT OR THE TRANSACTIONS; AND (b) EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SPECIFICALLY INCLUDED IN PARTICULAR AND WITHOUT LIMITATIONTHIS AGREEMENT OR IN ANY CERTIFICATE, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES INSTRUMENT OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING ANCILLARY CLOSING DOCUMENT DELIVERED IN CONNECTION WITH THE WEBSITECONSUMMATION OF THE TRANSACTIONS BY OR ON BEHALF OF A PARTY, OR ANY AFFILIATE THEREOF, (I) EACH PARTY DISCLAIMS, ON BEHALF OF ITSELF, ITS AFFILIATES AND ITS REPRESENTATIVES, ANY PORTION OF IT OTHER REPRESENTATIONS OR WARRANTIES, WHETHER MADE BY OR REGARDING SUCH PARTY, THE EJMMF OR TFMMF, OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OF ITS AFFILIATES OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATAREPRESENTATIVES, OR ANY OTHER THEORY PERSON, AND (II) EACH PARTY DISCLAIMS, ON BEHALF OF LIABILITYITSELF, WHETHER IN AN ACTION IN CONTRACTITS AFFILIATES AND ITS REPRESENTATIVES, TORT (INCLUDING NEGLIGENCE)ALL LIABILITY AND RESPONSIBILITY FOR ANY OTHER REPRESENTATION, WARRANTY, STRICT LIABILITY OPINION, ADVICE, STATEMENT OR OTHERWISEINFORMATION MADE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY COMMUNICATED, MADE AVAILABLE OR FURNISHED (ORALLY OR IN WRITING) TO ANY OTHER PARTY, OR ANY OF THEIR RESPECTIVE AFFILIATES OR REPRESENTATIVES (INCLUDING ANY OPINION, ADVICE, STATEMENT OR INFORMATION THAT MAY HAVE BEEN OR MAY HAVE BEEN OR MAY BE PROVIDED OR MADE AVAILABLE TO ANY OTHER PARTY, OR THEIR RESPECTIVE AFFILIATES OR REPRESENTATIVES BY ANY REPRESENTATIVE OF SUCH DAMAGESPARTY, LOSSES OR EXPENSESANY OF ITS AFFILIATES). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOU.6.5

Disclaimers. ALL INFORMATION, MATERIALS AND THE PFM SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED FOR CLIENT’S USE “AS IS.,” WE AND NEITHER FIS NOR YODLEE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTION, BY SAMPLE STATUTORY OR OTHERWISE, REGARDING SUCH SERVICES AND IN PARTICULAR RELATED SERVICES PROVIDED BY YODLEE, AND WITHOUT LIMITATION, MAKE NO FIS AND YODLEE EACH SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER FIS NOR YODLEE WARRANTS THAT SUCH SERVICES OR HOSTING ENVIRONMENT WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, TITLENEITHER FIS NOR YODLEE MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SUCH SERVICES IN TERMS OF THEIR CORRECTNESS, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY RELIABILITY, OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTEDOTHERWISE. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW3. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT Liability. IN NO EVENT SHALL WE FIS OR YODLEE BE RESPONSIBLE OR LIABLE TO YOU CLIENT OR TO ANY THIRD PARTY OTHER ENTITY OR PERSON FOR ANY DAMAGE WHATSOEVERDIRECT, INCLUDINGSPECIAL, WITHOUT LIMITATIONCONSEQUENTIAL, DIRECT INCIDENTAL, OR INDIRECT SPECIALDAMAGES, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILUREINCLUDING LOST PROFITS, LOSS OF DATA, OR AND COSTS OF COVER, HOWEVER CAUSED, ON ANY OTHER THEORY OF LIABILITY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGESTHEREOF. 4. Proprietary Rights. Client understands and agrees that Yodlee is the exclusive owner of and holds, LOSSES OR EXPENSESand shall retain, all right, title and interest in and to the Yodlee Technology, including (without limitation) all intellectual property therein. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR“Yodlee Technology” means Yodlee’s proprietary computer programs, OUR LICENSORS’code, SUPPLIER’Ssoftware, VENDORS’trade secrets and know-how, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100including all services, processes, data, information and tables created by Yodlee which are used to provide services in connection with the PFM Services. Indemnification YOU AGREE TO INDEMNIFYClient shall not (a) reverse engineer, DEFENDdisassemble, AND HOLD HARMLESS USdecompile or otherwise attempt to derive source code from any Yodlee Technology, OUR AFFILIATES(b) make any Yodlee Technology available to any third parties, AND OUR OFFICERS(c) modify, DIRECTORSadapt, EMPLOYEEStranslate or create derivative works based on any Yodlee Technology, AGENTS(d) reproduce any portion of any Yodlee Technology, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUor (e) permit or authorize any party to do any of the foregoing. 5.

Disclaimers. THE COMPANY WEBSITES ARE PROVIDED "AS IS" AND "WITH ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE FAULTS" AND THE CONTENTS THEREOF ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COMPANY WEBSITES ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONWITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, ENDORSEMENTYOU, OR WARRANTY AND NOT COMPANY, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, BY DESCRIPTIONOR STATUTORY, BY SAMPLE WITH RESPECT TO THE WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-AND NON- INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODEINTELLECTUAL PROPERTY RIGHTS). WE DO NOT WARRANT WITHOUT LIMITING THE ACCURACY, ADEQUACY OR COMPLETENESS GENERALITY OF THE MATERIALS CONTAINED ON FOREGOING, COMPANY MAKES NO WARRANTY THAT THE WEBSITE WEBSITES WILL MEET YOUR REQUIREMENTS OR WARRANT THAT ANY THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE S WEBSITES WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES COMPANY MAKES NO WARRANTY AS TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES OR AS A CONDITION OF YOUR USING TO THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE ACCURACY OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES RELIABILITY OF ANY KINDINFORMATION OBTAINED THROUGH THE WEBSITES. NO ADVICE OR INFORMATION, ARISING IN CONNECTION WITH WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITEWEBSITES OR FROM COMPANY , ANY PORTION OF IT ITS PARENTS, SUBSIDIARIES, OR ANY WEBSITE LINKED HERETOOTHER AFFILIATED COMPANIES, THE USE THEREOF OR ITS OR THEIR SUPPLIERS (OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTSOR AGENTS OF ANY SUCH ENTITIES) SHALL CREATE ANY WARRANTY. VENUS DISCLAIMS ALL EQUITABLE INDEMNITIES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITES IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. COMPANY SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS, LICENSORSWITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES. COMPANY SHALL NOT BE LIABLE FOR ANY THIRD-PARTY WEBSITES, PRODUCTS, SERVICES AND OTHER CONTENT. THE ADVERTISEMENTS WHICH MAY BE AVAILABLE ON E-MAILS OR COMPANY WEBSITES WITH RESPECT TO THE THIRD-PARTY WEBSITES, PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY. COMPANY SHALL NOT BE LIABLE FOR DELAYS OR INABILITIES IN PERFORMANCE OR NON-PERFORMANCE IN WHOLE OR IN PART OF VENUS’S OBLIGATIONS DUE TO ANY CAUSES THAT ARE NOT DUE TO ITS ACTS OR OMISSIONS AND ARE BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, FIRE, STRIKES, EMBARGO, ACTS OF GOVERNMENT, ACTS OF TERRORISM, CLIMATIC CONDITIONS, LABOUR UNREST, INSOLVENCY, BUSINESS EXIGENCIES, GOVERNMENT DECISIONS, CHANGE OF LAWS, OPERATIONAL AND TECHNICAL ISSUES, ROUTE ISSUES, ACTS OF THIRD PARTY SERVICE PROVIDER FROM PARTIES OR OTHER SIMILAR CAUSES AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUPROBLEMS.

Disclaimers. ALL INFORMATIONEXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 18, MATERIALS THE BRIGHTCLOUD SERVICE, CLASSIFICATIONS, AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF DOCUMENTATION, ARE EACH PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY AND WEBROOT AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIEDINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLEFUNCTIONALITY, NONOR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WEBROOT DOES NOT AND CANNOT WARRANT THAT ANY CLASSIFICATION IS COMPLETE, ACCURATE, OR CURRENT. IN ADDITION, THE COMPONENTS, ALGORITHMS, AND MACHINE LEARNING UNDERLYING AND CONSTITUTING THE BASIS FOR ANY CLASSIFICATION ARE FREQUENTLY CHANGING AND WEBROOT DOES NOT WARRANT THAT ANY CLASSIFICATIONS ARE CORRECT OR COMPLETE. WEBROOT DOES NOT WARRANT THAT ACCESS TO THE BRIGHTCLOUD SERVICE WILL BE CONTINUOUS OR UNINTERRUPTED, MEET PARTNER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, OR BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES, INFORMATION, MATERIALS OR OTHER MATTER (INCLUDING ANY SOFTWARE, HARDWARE, FIRMWARE, SYSTEM OR NETWORK), OR BE SECURE, ACCURATE, COMPLETE, OR ERROR FREE. ALL OPEN-INFRINGEMENT SOURCE SOFTWARE AND OTHER THIRD- PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEMIS STRICTLY BETWEEN END USER AND THE THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES COPYRIGHT OWNER OF SUCH OPEN- SOURCE SOFTWARE OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD THIRD-PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUMATERIALS.

Disclaimers. THE INTERSWITCH SERVICES, MATERIALS, DEVELOPER ACCOUNT, DEVELOPER PROGRAM AND ALL INFORMATION, INFORMATION AND OTHER MATERIALS AND SERVICES CONTAINED OR MADE AVAILABLE THEREIN PROVIDED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED AN “AS IS.”, “AS AVAILABLE”, “WITH ALL FAULTS” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR BASIS WITHOUT WARRANTY OF ANY KIND. YOUR USE OF ANY OF THE FOREGOING IS AT YOUR OWN RISK. NEITHER INTERSWITCH NOR ANY OF ITS CURRENT AND FORMER AFFILIATES EMPLOYEES, EITHER EXPRESSED SUCCESSORS OR ASSIGNS REPRESENT OR WARRANT THAT THE INTERSWITCH SERVICES, MATERIALS, DEVELOPER ACCOUNT, DEVELOPER PROGRAM OR ANY INFORMATION OR OTHER MATERIALS CONTAINED OR MADE AVAILABLE THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, CURRENT OR ERROR-FREE. YOU EXPRESSLY ACKNOWLEDGE THAT COMPUTER NETWORK-BASED SERVICES MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. INTERSWITCH SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY DESCRIPTIONSTATUTE, BY SAMPLE OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, MAKE NO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSONINFRINGEMENT, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCETITLE. Interswitch assumes no liability or responsibility for any inaccurate or incomplete information or claims that may result from reliance on such information. Without limiting the foregoing and for avoidance of doubt, ERRORInterswitch, OMISSIONits Affiliates, INTERUPTIONand their respective licensors, DEFECTshall not be liable for, DELAY IN OPERATION OR TRANSMISSIONand hereby expressly disclaim any liabilities and warranties with respect to, COMPUTER VIRUSany Open Source Software or other third party components of Materials or Content. Some states or provinces do not allow the exclusion of certain warranties, LINE OR SYSTEM FAILUREso the above limitations may not apply to You. You may have rights that vary from jurisdiction to jurisdiction; however, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUthe above disclaimers apply to the extent permitted by applicable Law.

Disclaimers. AS IS" BASIS. THE WEBSITE (INCLUDING ALL INFORMATION, MATERIALS OF THE CONTENT AND SERVICES CONTAINED AVAILABLE ON THE WEBSITE AND THE CONTENTS THEREOF WEBSITE) ARE PROVIDED “TO YOU "AS IS.” WE MAKE NO REPRESENTATION" ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENDORSEMENTNEBULOUS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR WARRANTY OF ANY KINDCONDITIONS, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTIONINCLUDING, BY SAMPLE OR OTHERWISEBUT NOT LIMITED TO, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETITLE AND NONINFRINGEMENT. NEBULOUS MAKES NO REPRESENTATIONS, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS WARRANTIES OR FREEDOM GUARANTEES THAT THE WEBSITE WILL BE FREE FROM VIRUSES LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER HARMFUL CODESECURITY INTRUSION, AND NEBULOUS DISCLAIMS ANY LIABILITY RELATING THERETO. WE DO NOT WARRANT Warranty Disclaimer. NEBULOUS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE ACCURACY, ADEQUACY USE OR COMPLETENESS THE RESULTS OF THE MATERIALS CONTAINED ON USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT OR SERVICES) ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, NEBULOUS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR WARRANT THAT ANY DEFECTS YOUR USE OF THIS WEBSITE. IF NEBULOUS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IT WILL NOT BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUPARTY.

Disclaimers. ALL INFORMATION, MATERIALS THE SERVICE AND SERVICES CONTAINED PARTS ARE MADE AVAILABLE ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED AN “AS IS.,” WE MAKE NO REPRESENTATION“AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, ENDORSEMENTWITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. Treads DOES NOT PROVIDE, AND SPECIFICALLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OF ANY KINDKIND TO YOU OR ANY OTHER PERSON OR ENTITY, EITHER EXPRESSED INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES (I) OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, ; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT INFRINGEMENT; (IV) OF THIRD-PARTY RIGHTS QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (VIII) THAT ALL PRODUCTS AND SERVICES OFFERED BY TREADS OR OTHER PARTIES WILL BE AVAILABLE IN ALL MARKETS; OR (IX) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. THIS DISCLAIMER Treads MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TREADS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS OR ANY SERVICES OR GOODS PROVIDED BY LAWTHEM. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN NO EVENT SHALL WE BE RESPONSIBLE OR CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. Limitations of Liability YOU AGREE NOT TO HOLD TREADS (OR, ITS STOCKHOLDERS, ITS AFFILIATES, ITS LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, “MEMBERS”)) LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVERDAMAGES, INCLUDINGEXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE TREADS PLATFORM, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF LIMITATION ANY KIND, LIABILITIES ARISING IN CONNECTION WITH THE WEBSITECONDUCT, ACT OR OMISSION OF ANY USER OR THIRD PARTY PROVIDER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY PORTION DISPUTE WITH ANY USER OR THIRD PARTY PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY TREADS OR MEMBERS, AND ANY DESTRUCTION OF IT YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL TREADS OR MEMBERS BE LIABLE FOR ANY WEBSITE LINKED HERETODIRECT, THE INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE THEREOF OF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, THE TREADS PLATFORM OR ANY OTHER SERVICES OR MERCHANDISE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION IN FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY ) OR OTHERWISE, EVEN IF WE ARE INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, WHETHER OR NOT TREADS HAS BEEN ADVISED FOF OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TREADS AND MEMBERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR INABILITY TO ACCESS OR EXPENSES. USE THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSESPROVIDER, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, EVEN IF TREADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TREADS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TREADS’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING CAR INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. WHEN TREADS’S SERVICES ARE USED BY YOU TO REQUEST AND SCHEDULE VEHICLE INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES WITH THIRD PARTY PROVIDERS, YOU AGREE THAT Treads HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATING TO VEHICLE INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT TREADS OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT INVOICED FOR SUCH JOB. TO THE EXTENT THAT THE TREADS PLATFORM CONNECTS YOU TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING SERVICES, TREADS WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY VIOLATION THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE TREADS FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDER. TREADS EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND THIRD PARTY PROVIDER IN YOUR USE OF THESE TERMS TREADS PLATFORM. BECAUSE XXXXXX IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN YOU AND THIRD PARTY PROVIDER OR IN THE COMPLETION OF ANY JOB, IN THE EVENT THAT YOU HAVE A DISPUTE WITH A THIRD PARTY PROVIDER, YOU RELEASE TREADS AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. THE QUALITY OF THE SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE TREADS PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY YOUUSING THE Treads PLATFORM, YOU MAY BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE TREADS PLATFORM, AND THIRD PARTY PROVIDER, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE TREADS PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. BY USING THE TREADS PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE TREADS PLATFORM. IF YOU ARE A THIRD PARTY PROVIDER, YOU AGREE THAT YOUR SOLE RECOURSE FOR PAYMENT FOR YOUR SERVICES, OR ANY OTHER DAMAGES YOU OR YOUR EMPLOYEES OR CONTRACTORS MAY SUFFER AS A RESULT OF PROVIDING SUCH SERVICES, IS AGAINST THE PERSON REQUESTING SUCH SERVICES, AND NOT AGAINST TREADS, AND YOU HEREBY INDEMNIFY AND HOLD TREADS HARMLESS AGAINST ANY SUCH CLAIMS FOR PAYMENT OR DAMAGES. Treads Indemnification . You hereby agree to indemnify, defend, and hold harmless Treads and Members from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Treads Platform, and/or the Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Third Party Provider), and (v) Your Information and content that you submit or transmit through the Treads Platform. Treads reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Treads. Dispute Resolution Disputes under $5,000: For any Disputes that arise and where damages are less than $5,000, the parties agree to resolve such Disputes in small claims court in Salt Lake City, Utah, without the need for arbitration. Disputes over $5,000: For any Disputes that arise and where damages are $5,000 or more you agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Treads in accordance with the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules. The arbitration may be conducted electronically through Fairclaims or RapidRulings in accordance with their respective rules and procedures. Subject to any valid requirements of any applicable statute, any such arbitration shall be held in Salt Lake City, Utah or online via video conference. You acknowledge and agree that you and Treads are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Xxxxxx otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims (e.g., one individual’s claims, one entity’s claims), and may not otherwise preside over any form of any class or representative proceeding. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate Treads’s intellectual property rights, Treads may seek injunctive or other appropriate relief in any state or federal court in the State of Utah, and you consent to the exclusive jurisdiction and venue in such courts. The award rendered by the arbitrator shall be final and binding, and judgment may be entered upon it at any court having jurisdiction. The arbitrator shall have the authority to award temporary, preliminary and permanent injunctive and equitable relief in the arbitration. Any arbitration hereunder will be confidential.

Disclaimers. ALL INFORMATIONEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS AGREEMENT, MATERIALS SELLER IS NOT MAKING AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, HAS NOT AT ANY TIME MADE ANY WARRANTIES OR WARRANTY REPRESENTATIONS OF ANY KINDKIND OR CHARACTER, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTIONWITH RESPECT TO THE PROPERTY, BY SAMPLE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR OTHERWISEREPRESENTATIONS AS TO HABITABILITY, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETITLE (OTHER THAN SELLER’S LIMITED WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), NON-INFRINGEMENT ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACYPROPERTY WITH GOVERNMENTAL LAWS, ADEQUACY THE TRUTH, ACCURACY OR COMPLETENESS OF THE MATERIALS CONTAINED PROPERTY DOCUMENTS OR ANY OTHER INFORMATION PROVIDED BY OR ON BEHALF OF SELLER TO PURCHASER, OR ANY OTHER MATTER OR THING REGARDING THE WEBSITE OR WARRANT PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHERE IS, WITH ALL FAULTS”, EXCEPT TO THE FULLEST EXTENT PERMITTED EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR IN ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS AGREEMENT. PURCHASER HAS NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND BY, ANY EXPRESSED OR IMPLIED WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR RELATING THERETO (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE PROPERTY) MADE OR FURNISHED BY LAWSELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE BROKER OR AGENT REPRESENTING OR PURPORTING TO REPRESENT SELLER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS AGREEMENT. Limitation of Liability PURCHASER AGREES THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS A PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF YOUR USING THE WEBSITE PROPERTY AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE RESPONSIBLE OR LIABLE TO YOU OR TAKEN WITH RESPECT TO ANY THIRD PARTY FOR HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY DAMAGE WHATSOEVERINFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE DOCUMENTS EXECUTED IN CONNECTION WITH THIS AGREEMENT. UPON CLOSING, PURCHASER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND PURCHASER, UPON CLOSING, SHALL BE DEEMED TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER (AND SELLER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING, WITHOUT LIMITATION, DIRECT ANY ENVIRONMENTAL LAWS) AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR INDIRECT SPECIALMATTERS REGARDING THE PROPERTY. AS PART OF THE PROVISIONS OF THIS SECTION 9.2, INCIDENTIALBUT NOT AS A LIMITATION THEREON, CONSEQUENTIAL PURCHASER HEREBY AGREES THAT THE MATTERS RELEASED HEREIN ARE NOT LIMITED TO MATTERS WHICH ARE KNOWN OR PUNITIVE DAMAGEDISCLOSED, LOSSES OR EXPENSES OF AND PURCHASER HEREBY WAIVES ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF AND ALL RIGHTS AND BENEFITS WHICH IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSONNOW HAS, OR IN CONNECTION WITH ANY FAILURE THE FUTURE MAY HAVE CONFERRED UPON IT, BY VIRTUE OF PERFORMANCETHE PROVISIONS OF FEDERAL, ERRORSTATE OR LOCAL LAW, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION RULES OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTSREGULATIONS, INCLUDING REASONABLE ATTORNEYS’ FEESWITHOUT LIMITATION, RESULTING FROM ANY VIOLATION SECTION 1542 OF THESE TERMS THE CIVIL CODE OF USE THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY YOUHIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Notwithstanding any provision hereof to the contrary, Purchaser does not release Seller from, (a) any damages, claims, liabilities or obligations arising out of or in connection with a breach of any covenant, representation or warranty of Seller set forth in this Agreement or any of the documents executed in connection with this Agreement, or (b) Seller’s fraud.

Disclaimers. ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE USE OF THIS WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODEIS AT YOUR OWN RISK. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE , THIS WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDINGTHE REACHTV MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT LIMITATION, DIRECT WARRANTIES OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES REPRESENTATIONS OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW LAW, THE REACHTV PARTIES DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-­‐INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY LINKED-­‐TO WEBSITE OR CONTENTS. THE REACHTV PARTIES DO NOT WARRANT THAT (A) THIS WEBSITE, THE REACHTV MATERIALS, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-­‐FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE; (B) THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THE USE OF THE RESULTS OF THIS WEBSITE OR THE REACHTV MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE AND ANY REACHTV MATERIALS RESTS WITH YOU. IF YOUR USE OF THIS WEBSITE OR THE REACHTV MATERIALS RESULTS IN THE APPLICABLE JURISDICTION NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND IN NO EVENT NOT THE REACHTV PARTIES ARE RESPONSIBLE FOR THOSE COSTS. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH REACHTV THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS AGREEMENT AND PARTNERS’ CUMULATIVE LIABILITY THIS DISCLAIMER AND THIS AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU EXCEED U.S. $100THROUGH SUCH SOURCES. Indemnification SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED. Limitations of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE REACHTV PARTIES BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY OF THE REACHTV MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE REACHTV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, REACHTV IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE. SOME JURISDICTIONS MAY NOT ALLOW THE ABOVE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Indemnity YOU HEREBY AGREE TO INDEMNIFY, DEFEND, INDEMNIFY AND HOLD EACH MEMBER OF THE REACHTV PARTIES HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSESANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ ALL LEGAL FEES, WHICH ANY MEMBERS OF THE REACHTV PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM FROM: (A) ANY VIOLATION BREACH BY YOU OF THESE TERMS THIS AGREEMENT; OR (B) YOUR USE OF USE THIS WEBSITE, YOUR ACCOUNT(S) AND/OR YOUR SUBMISSION OF USER CONTENT. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. Jurisdictional Issues and Dispute Resolution When using this Website, you are responsible for compliance with all laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. If the arbitration and dispute resolution provisions of this Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or Federal courts located in Xxxxxx County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The language of any proceedings arising under this Agreement shall be English. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of this Agreement should you have any queries about it.

Disclaimers. YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SITE AND SITE MATERIALS ARE AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SITE (INCLUDING ALL SITE MATERIALS, THIRD-PARTY CONTENT, AND ALL PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITE) ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CONSTELLATION, COMPANY, THEIR RESPECTIVE AFFILIATES, AND ALL OF THEIR RESPECTIVE SUPPLIERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE SITE; (B) ANY LINKS, INFORMATION, AND MATERIALS ON THE SITE (INCLUDING SITE MATERIALS, USER CONTENT AND THIRD PARTY CONTENT); AND (C) ANY PRODUCTS AND SERVICES CONTAINED ON OFFERED THROUGH THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENTSITE, OR WARRANTY OF ANY KINDPORTION THEREOF, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND INCLUDING (WITHOUT LIMITATION, MAKE NO ) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRDTHIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SITE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. NEITHER COMPANY NOR CONSTELLATION IS RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. NEITHER COMPANY NOR CONSTELLATION MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-PARTY RIGHTS OR FREEDOM FROM VIRUSES FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACYCOMPONENTS, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS OTHERWISE WILL BE CORRECTEDSECURE. THIS DISCLAIMER OF WARRANTIES APPLIES CONSTELLATION IS MERELY A SERVICE PROVIDER TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENTCOMPANY, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OURCONSTELLATION BE LIABLE TO USER FOR ANY OF THE PRODUCTS, OUR LICENSORS’SERVICES, SUPPLIER’S, VENDORS’CONTENT OR INFORMATION PROVIDED THROUGH THE SITE OR OTHERWISE PROVIDED BY OR ON BEHALF OF COMPANY, AND PARTNERS’ CUMULATIVE LIABILITY CONSTELLATION MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOU.

Disclaimers. ALL INFORMATIONTHE PROGRAM, MATERIALS THE BOOKS BY THE BUSHEL SITE, ANY PRODUCTS AND SERVICES CONTAINED OFFERED ON THE WEBSITE BOOKS BY THE BUSHEL SITE, ANY CONTENT, THE XXXXXXXXXXXXXXXX.XXX DOMAIN NAME, TRADEMARKS AND LOGOS OF OURS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US IN CONNECTION WITH THE CONTENTS THEREOF PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED “"AS IS.” " WE DO NOT MAKE NO REPRESENTATION, ENDORSEMENT, ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY DESCRIPTIONAPPLICABLE LAW, BY SAMPLE OR OTHERWISEWE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF THIRD-PARTY RIGHTS ANY COURSE OF DEALING, PERFORMANCE, OR FREEDOM TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM VIRUSES OR OTHER HARMFUL CODETIME TO TIME. WE DO NOT WARRANT THAT THE ACCURACYSERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, ADEQUACY WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE IN ANY PARTICULAR MANNER, OR WARRANT THAT ANY DEFECTS WILL BE CORRECTEDUNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. THIS DISCLAIMER OF WARRANTIES APPLIES WE WILL NOT BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS PROGRAM, CONTENT, YOU AGREE THAT OPERATIONAL DOCUMENTATION, OR THE AMAZONSMILE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN NO EVENT SHALL THIS PARTICIPATION AGREEMENT. FURTHER, WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVERCOMPENSATION, INCLUDINGREIMBURSEMENT, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, DAMAGES ARISING IN CONNECTION WITH THE WEBSITE(X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETOANTICIPATED SALES, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSONGOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY THIS PARTICIPATION AGREEMENT OR YOUR PARTICIPATION IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATATHE PROGRAM, OR (Z) ANY OTHER THEORY TERMINATION OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY THIS PARTICIPATION AGREEMENT OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW YOUR PARTICIPATION IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUPROGRAM.

Disclaimers. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. EXCEPT WHERE REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF OF ITS CONTENT ARE PROVIDED ON AN “AS IS.,” WE MAKE NO REPRESENTATION“AS AVAILABLE” BASIS, ENDORSEMENT, WITHOUT REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW, ANCHORAGE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANCHORAGE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU. Limitation of Liability AS A CONDITION YOUR USE OF THE SITE IS AT YOUR USING OWN RISK. ANCHORAGE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE WEBSITE AND ITS CONTENTCONTENT AVAILABLE ON THE SITE OR FOR DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THIS SITE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT IN NO EVENT SHALL WE ANCHORAGE AND/OR ITS LICENSORS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY ANYONE FOR ANY DAMAGE WHATSOEVERDIRECT, INCLUDINGINDIRECT, WITHOUT LIMITATIONPUNITIVE, DIRECT OR INDIRECT SPECIAL, INCIDENTIALEXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OTHER DAMAGES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT TYPE OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILUREKIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR ANY OTHER THEORY ECONOMIC ADVANTAGE) EVEN IF ANCHORAGE AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF LIABILITY, THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER IN AN ACTION IN THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSESANY OTHER BASIS. THE FOREGOING THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW SECTION APPLIES FULLY IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTSSTATES, INCLUDING REASONABLE ATTORNEYS’ FEESRESIDENTS OF NEW JERSEY. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE WHICH IF KNOWN BY YOUHIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Disclaimers. THE WARRANTIES SET FORTH IN THIS MASTER AGREEMENT ARE IN LIEU OF, AND SIRSIDYNIX, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL INFORMATIONOTHER WARRANTIES, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTIONORAL OR WRITTEN, BY SAMPLE OR OTHERWISEINCLUDING, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO (i) ANY WARRANTY THAT ANY PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED; (ii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-INFRINGEMENT, (iii) ANY WARRANTY THAT CONTENT OR THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS PRODUCTS WILL BE CORRECTEDACCURATE, RELIABLE AND ERROR-FREE AND (iv) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THIS DISCLAIMER NO ADVICE, STATEMENT OR INFORMATION GIVEN BY SIRSIDYNIX, ITS AFFILIATES, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. CUSTOMER ACKNOWLEDGES THAT USE OF WARRANTIES APPLIES OR CONNECTION TO THE FULLEST EXTENT PERMITTED BY LAWINTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO THE SERVICES AND CUSTOMER DATA AND THAT NO FORM OF ENCRYPTION IS FOOL PROOF. Limitation of Liability AS A CONDITION OF YOUR USING ACCORDINGLY, SIRSIDYNIX CANNOT AND DOES NOT GUARANTEE THE WEBSITE AND ITS CONTENTPRIVACY, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE SECURITY OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES AUTHENTICITY OF ANY KIND, ARISING INFORMATION SO TRANSMITTED OVER OR STORED IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY CONNECTED TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUINTERNET.

Disclaimers. ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE SERVICE IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTIONAND ALL WARRANTIES, BY SAMPLE EXPRESS OR OTHERWISEIMPLIED, AND IN PARTICULAR AND INCLUDING, WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, NONCOURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR UP-INFRINGEMENT TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICE, OR YOUR USE OF THIRDTHE SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-PARTY RIGHTS FREE, SECURE, OR FREEDOM THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICE, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE OF VIRUSES OR OTHER HARMFUL CODECOMPONENTS. WE DO NOT WARRANT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE ACCURACYUSE OF, ADEQUACY OR COMPLETENESS THE RESULTS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETOUSE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE THEREOF OR OF THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’SERVICE, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUYOUR RELIANCE THEREON.

Disclaimers. ALL INFORMATIONBUYER ACKNOWLEDGES AND AGREES THAT, MATERIALS EXCEPT AS SET FORTH ----------- IN THIS AGREEMENT, SELLER HAS NOT MADE OR GIVEN, DOES NOT MAKE, AND SERVICES CONTAINED ON SPECIFICALLY DISCLAIMS ANY STATEMENTS, OPINIONS, ADVICE, GUARANTIES, PROMISES, COVENANTS, AGREEMENTS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND OR CHARACTER, WRITTEN OR ORAL, PAST, PRESENT OR FUTURE, CONCERNING ANY OF THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENTASSETS, OR WARRANTY THE MARKETABILITY, VALUE, NATURE, QUALITY OR CONDITION OF OR ANY USES TO WHICH THE ASSETS MAY OR MAY NOT BE PUT, INCLUDING BUT NOT LIMITED TO (A) THE CONDITION OR TITLE TO THE ASSETS; (B) THE NATURE OR PHYSICAL CONDITION OF THE ASSETS; (C) THE INCOME OR EXPENSES, GENERATED, PAID OR INCURRED IN CONNECTION WITH THE ASSETS; (D) THE SUITABILITY, SALEABILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OF THE ASSETS BY BUYER; (E) THE CONFORMITY OF THE ASSETS WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS; (F) THE VALIDITY, PRIORITY OR PERFECTION OF ANY COLLATERAL DOCUMENT; (G) THE STATE OF TITLE, PRIORITY OF LIENS, ZONING, TAX CONSEQUENCES, PHYSICAL CONDITION, UTILITY CAPACITY OR COMMITMENT FOR UTILITY CAPACITY, OPERATING HISTORY OR PROJECTIONS, VALUATIONS, LOCATION, USE, QUALITY, DESCRIPTION, DURABILITY OR (H) THE NECESSITY OF BUYER TO OBTAIN ANY NECESSARY GOVERNMENTAL APPROVALS OR PERMITS FOR BUYER'S INTENDED USE OF THE ASSETS. BUYER ACKNOWLEDGES FOR BUYER AND BUYER'S SUCCESSORS AND ASSIGNS, (A) THAT BUYER HAS BEEN GIVEN A REASONABLE OPPORTUNITY TO INSPECT AND INVESTIGATE THE ASSETS, EITHER INDEPENDENTLY OR THROUGH AGENTS OF BUYER'S CHOOSING AND (B) THAT BUYER IS ACQUIRING THE ASSETS BASED UPON BUYER'S OWN INVESTIGATION AND INSPECTION THEREOF. BUYER AGREES THAT THE ASSETS SHALL BE SOLD AND THAT BUYER SHALL ACCEPT POSSESSION OF THE ASSETS WITHIN THIRTY (30) DAYS OF THE DATE OF THE CLOSING IN THEIR "AS-IS, WHERE-IS, WITH ALL FAULTS" CONDITION WITH NO RIGHT OF SET-OFF OR REDUCTION IN THE PURCHASE PRICE AND THAT, EXCEPT AS SET FORTH IN THIS AGREEMENT, SUCH SALE SHALL BE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED. EXCEPT AS THE SAME MAY BE SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE SELLER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF EVERY NATURE WHATSOEVER, EXPRESS OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND INCLUDING WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES WITH RESPECT TO: MERCHANTABILITY; NEGOTIABILITY; STATUS AS A HOLDER IN DUE COURSE; CREDITWORTHINESS OF ANY MAKER, ACCOMMODATION PARTY, ENDORSER, GUARANTOR, OR OTHER OBLIGOR UNDER OR WITH RESPECT TO ANY LOAN, NOTE OR DOCUMENT; EXISTENCE, CONDITION, HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEMARKETABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES TITLE DEFECTS, DELINQUENCY, PAYMENT HISTORY, OR VALUE OF ANY COLLATERAL FOR ANY LOAN, NOTE, EQUITY, DOCUMENT OR OTHER HARMFUL CODE. WE DO ASSET; COMPLIANCE OF ANY COLLATERAL WITH ANY LAW, INCLUDING ANY USURY LAWS, GOVERNMENTAL REGULATION, RESTRICTIVE COVENANT, INCLUDING WITHOUT LIMITATION, ZONING ORDINANCES, BUILDING CODES, HEALTH REGULATIONS, USE AND SET BACK RESTRICTIONS, AND THOSE PERTAINING TO HAZARDOUS, TOXIC OR SIMILAR MATERIALS; EXISTENCE OR NAMED PAYEE OF ANY INSURANCE OR THE VALIDITY OF ANY CERTIFICATE OF INSURANCE WITH RESPECT TO ANY COLLATERAL FOR ANY LOAN, NOTE , EQUITY, DOCUMENT OR OTHER ASSET OR ON THE LIFE OF ANY PERSON LIABLE FOR ANY OBLIGATION UNDER OR WITH RESPECT TO ANY LOAN, NOTE, EQUITY, DOCUMENT OR OTHER ASSET; BUYER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE ASSETS WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT WARRANT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND OTHER THAN AS SPECIFICALLY SET FORTH IN SECTION 6.1, SELLER MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, ADEQUACY ACCURACY OR COMPLETENESS OF SUCH INFORMATION. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT CERTAIN EXCLUDED DOCUMENTS MAY HAVE BEEN OMITTED OR REMOVED FROM THE MATERIALS CONTAINED ON FILE(S). BUYER FURTHER ACKNOWLEDGES AND AGREES THAT SUCH EXCLUDED DOCUMENTS WHICH SELLER MAY HAVE REMOVED FROM THE WEBSITE LOAN FILE(S), IF DISCLOSED TO BUYER, COULD HAVE AN IMPACT UPON AND AFFECT, AMONG OTHER THINGS, THE DECISION OF BUYER TO PURCHASE THE ASSETS, THE ACTUAL OR WARRANT THAT ANY DEFECTS WILL BE CORRECTEDPERCEIVED VALUE OF THE ASSETS, AND THE ULTIMATE RECOVERY OF THE ASSETS. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE EFFECTIVENESS OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES ENFORCEABILITY OF ANY KINDLOAN, ARISING NOTE, EQUITY, DOCUMENT OR OTHER ASSET IN ACCORDANCE WITH ITS TERMS OR OTHERWISE; COMPLETENESS OF ANY FILE; GENUINENESS AND COMPLETENESS OF ANY ITEM IN ANY FILE AND ANY OTHER MATTERS CONCERNING THE ASSETS. BY INITIALING BELOW, BUYER HEREBY WAIVES THE PROVISIONS OF ANY STATUTE OR BODY OF LAWS IN OREGON OR ANY OTHER JURISDICTION IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE MATTERS WHICH ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY SUBJECT TO THE FULLEST EXTENT PERMITTED BY LAW ACKNOWLEDGMENTS, WAIVERS AND RELEASES CONTAINED IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUTHIS SECTION 6.3.

Disclaimers. ALL INFORMATION, MATERIALS EXCEPT FOR ANY APPLICABLE GUARANTEES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS: THE APPLICATION (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ANY UPGRADES OR PLUG-INS ARE PROVIDED LICENSED TO YOU “AS IS.” WE MAKE NO REPRESENTATIONANY USE OF THE APPLICATION WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENDORSEMENTMOTHER DAIRY, OR WARRANTY A UNIT OF ANY KINDKMF DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTIONINCLUDING, BY SAMPLE OR OTHERWISEBUT NOT LIMITED TO, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, TITLE AND NON-INFRINGEMENT INFRINGEMENT. MOTHER DAIRY, A UNIT OF THIRD-PARTY RIGHTS KMF MAKES NO REPRESENTATIONS OR FREEDOM GUARANTEES THAT THE APPLICATION WILL BE FREE FROM VIRUSES LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER HARMFUL CODESECURITY INTRUSION, AND MOTHER DAIRY, A UNIT OF KMF DISCLAIMS ANY LIABILITY RELATING THERETO. WE DO NOT WARRANT THE ACCURACYMOTHER DAIRY, ADEQUACY A UNIT OF KMF MAKES NO GUARANTEES, REPRESENTATIONS, OR COMPLETENESS WARRANTIES THAT USE OR RESULTS OF THE MATERIALS CONTAINED ON USE OF THE WEBSITE OR WARRANT THAT ANY DEFECTS APPLICATION WILL BE CORRECTEDACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. THIS DISCLAIMER WITHOUT PRIOR NOTICE, MOTHER DAIRY, A UNIT OF WARRANTIES APPLIES KMF MAY MODIFY, SUSPEND, OR DISCONTINUE THE APPLICATION (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER MOTHER DAIRY, A UNIT OF KMF ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENTAPPLICATION, YOU AGREE THAT IN NO EVENT SHALL WE IT WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES PARTY. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY KINDINFORMATION TO US IS AT YOUR OWN RISK. MOTHER DAIRY, ARISING IN CONNECTION WITH THE WEBSITE, A UNIT OF KMF DOES NOT ASSUME ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. Indemnification YOU AGREE TO INDEMNIFYSOME OF THE CONTENT, DEFENDPRODUCTS, AND HOLD HARMLESS USAPPLICATION AVAILABLE THROUGH THE APPLICATION MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT MOTHER DAIRY, OUR AFFILIATESA UNIT OF KMF ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, AND OUR OFFICERSPRODUCTS OR APPLICATION. NO ADVICE OR INFORMATION, DIRECTORSWHETHER ORAL OR WRITTEN, EMPLOYEESOBTAINED FROM MOTHER DAIRY, AGENTSA UNIT OF KMF OR THROUGH THE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MOTHER DAIRY, LICENSORSA UNIT OF KMF is not responsible for any incorrect or inaccurate content exchanged through the Application including any consents to activities or payments. MOTHER DAIRY, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSESA UNIT OF KMF is not responsible for any problems or technical malfunction of any telephone network or lines, EXPENSEScomputer online systems, DAMAGES AND COSTSservers or providers, INCLUDING REASONABLE ATTORNEYS’ FEEScomputer equipment, RESULTING FROM ANY VIOLATION software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any application or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Application. Under no circumstances shall MOTHER DAIRY, A UNIT OF THESE TERMS OF USE BY YOUKMF be responsible for any loss or damage, including personal injury or death, resulting from use of the Application or from any content therein, whether online or offline.

Disclaimers. ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE THIS WEBSITE AND THE CONTENTS THEREOF MATERIALS ARE PROVIDED “ON AN 'AS IS.” ' AND 'AS AVAILABLE' BASIS, ANDARE INTENDED FOR INFORMATIONAL PURPOSES ONLY.WHILE WE MAKE NO REPRESENTATIONENDEAVOR TO PROVIDE THE MOST ACCURATE, ENDORSEMENTUP TO DATE INFORMATION AVAILABLE, THE WEBSITE MATERIALS MAY CONTAIN TECHNICAL OR WARRANTY OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTIONINCLUDING, BY SAMPLE BUT NOT LIMITED TO: (A)ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR OTHERWISESUITABILITY OF THIS WEBSITE, AND IN PARTICULAR AND WITHOUT LIMITATIONTHE WEBSITE MATERIALS, MAKE NO OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THIS WEBSITE; AND(B) ANY IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, NON - INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE.WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, TITLEEXPRESS OR IMPLIED, NON-INFRINGEMENT THAT THIS WEBSITE OR ANY WEBSITE MATERIALS WILL ASSIST YOU IN IDENTIFYING A SUITABLE SERVICE PROVIDER OR FOR ANY OTHER PURPOSE.WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED, ERROR - FREE, OR FREE OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACYCOMPONENTS, ADEQUACY OR COMPLETENESS THAT DEFECTS, IF ANY, WILL BE XXXXXXXXX.XXX EXPRESSLY AGREE THAT YOUR USE OF THE MATERIALS CONTAINED ON THIS WEBSITE AND THE WEBSITE MATERIALS IS ENTIRELY AT YOUR OWN RISK. FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH SERVICE PROVIDERS OR WARRANT THAT ANY DEFECTS WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS WEBSITE, AND YOU WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES LOOK SOLELY TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE SUCH SERVICE PROVIDERS AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR THIRD PARTIES WITH RESPECT TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, AND ALL CLAIMS ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OUT OF SUCH DAMAGES, LOSSES AGREEMENTS AND / OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUSUCH PRODUCTS OR SERVICES.

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Disclaimers. ALL INFORMATIONNEITHER WKH NOR ANY OTHER THIRD PARTY PARTNERS OF WKH MAKE ANY REPRESENTATIONS OR WARRANTIES, MATERIALS ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND SERVICES CONTAINED ON FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE WEBSITE SERVICE OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. WKH IS NOT RESPONSIBLE FOR BUSINESS DECISIONS, DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE SERVICE AND THE CONTENTS THEREOF ANY OTHER PRODUCT, SERVICE, MATERIAL, OR INFORMATION OFFERED BY WKH UNDER OR IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED OFFERED “AS IS” AND “WITH ALL FAULTS.” WE MAKE WKH MAKES NO REPRESENTATIONREPRESENTATIONS OR WARRANTIES, ENDORSEMENTAND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SERVICE AND ANY OTHER PRODUCT, SERVICE, OR WARRANTY OF ANY KINDINFORMATION OFFERED BY WKH UNDER OR IN CONNECTION WITH THIS AGREEMENT, EITHER EXPRESSED OR THE PRESENT OR FUTURE METHODOLOGY, PROCESS, OR METHOD EMPLOYED BY WKH FOR PROVIDING THE SERVICE, EXPRESS OR IMPLIED, BY DESCRIPTIONWRITTEN OR ORAL, BY SAMPLE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATIONINCLUDING, MAKE NO BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEACCURACY, NON-INFRINGEMENT OF THIRDINTERFERENCE, QUALITY, TITLE, NONINFRINGE- MENT, OR THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-PARTY RIGHTS OR FREEDOM FREE, FREE FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSONCOMPONENTS, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUMEET REQUEST- ER’S REQUIREMENTS.

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Disclaimers. ALL INFORMATIONTO THE FULLEST EXTENT LEGALLY PERMISSIBLE, MATERIALS THE PLATFORM AND ANY THIRD- PARTY CONTENT, SOFTWARE, SERVICES CONTAINED ON OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND THE CONTENTS THEREOF PLATFORM, ARE PROVIDED ON AN “AS IS.”, “AS AVAILABLE”, “WITH ALL FAULTS” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY BASIS WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTIONINCLUDING, BY SAMPLE BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO ANY APPLICABLE LAW, INDIEFLOW AND IN PARTICULAR ITS AFFILIATES, PARTNERS, LICENSORS AND WITHOUT LIMITATIONSUPPLIERS HEREBY DISCLAIM ALL EXPRESS, MAKE NO IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE AND NON-INFRINGEMENT INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INDIEFLOW OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. INDIEFLOW AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE PLATFORM OR ANY PART THEREOF, OR ANY SERVICES PROVIDED BY INDIEFLOW, WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, OR FREE OF THIRD-PARTY RIGHTS OR FREEDOM FROM ERRORS, VIRUSES OR OTHER HARMFUL CODE. WE COMPONENTS AND DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS THAT ANY OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS FOREGOING WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE YOU UNDERSTAND AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE YOU OFFER THE CREATIONS VIA THE SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVERTO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, INCLUDINGHANDSET, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL ANY OTHER DEVICE OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING PERIPHERAL USED IN CONNECTION WITH THE WEBSITE, ANY PORTION PLATFORM) OR LOSS OF IT DATA THAT RESULTS FROM THE DOWNLOAD OR ANY WEBSITE LINKED HERETOUSE OF SUCH MATERIAL OR DATA. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE USE THEREOF OR FULL EXTENT OF THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION ABOVE EXCLUSIONS AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOULIMITATIONS MAY NOT APPLY.

Disclaimers. ALL INFORMATION(a) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANY CLOSING DOCUMENT, MATERIALS IT IS UNDERSTOOD AND SERVICES CONTAINED ON THE WEBSITE AGREED THAT SELLER IS NOT MAKING AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, HAS NOT AT ANY TIME MADE ANY WARRANTIES OR WARRANTY REPRESENTATIONS OF ANY KINDKIND OR CHARACTER, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTIONWITH RESPECT TO THE PROPERTY, BY SAMPLE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR OTHERWISEREPRESENTATIONS AS TO HABITABILITY, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLETITLE (OTHER THAN SELLER’S WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), NON-INFRINGEMENT ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACYPROPERTY WITH GOVERNMENTAL LAWS, ADEQUACY THE TRUTH, ACCURACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT PROPERTY DOCUMENTS OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OTHER INFORMATION PROVIDED BY OR THE INABILITY ON BEHALF OF SELLER TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATAPURCHASER, OR ANY OTHER THEORY OF LIABILITYMATTER OR THING REGARDING THE PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY “AS IS, WHETHER IN AN ACTION IN CONTRACTWHERE IS, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WITH ALL FAULTS,” EXCEPT TO THE FULLEST EXTENT PERMITTED BY LAW EXPRESSLY PROVIDED OTHERWISE IN THE APPLICABLE JURISDICTION THIS AGREEMENT. PURCHASER HAS NOT RELIED AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’WILL NOT RELY ON, AND PARTNERS’ CUMULATIVE LIABILITY SELLER IS NOT LIABLE FOR OR BOUND BY, ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO YOU EXCEED U.S. $100THE PROPERTY OR RELATING THERETO MADE OR FURNISHED BY SELLER, THE MANAGER OF THE PROPERTY, OR ANY REAL ESTATE BROKER OR AGENT REPRESENTING OR PURPORTING TO REPRESENT SELLER, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, VERBALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. Indemnification YOU AGREE PURCHASER REPRESENTS TO INDEMNIFYSELLER THAT PURCHASER HAS CONDUCTED, DEFENDOR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND HOLD HARMLESS USWILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OUR AFFILIATESOTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. UPON CLOSING, PURCHASER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS, AND OUR OFFICERSPURCHASER, DIRECTORSUPON CLOSING, EMPLOYEESSHALL BE DEEMED TO HAVE WAIVED, AGENTS, LICENSORS, RELINQUISHED AND ANY THIRD PARTY SERVICE PROVIDER RELEASED SELLER FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, EXPENSESDAMAGES, DAMAGES LIABILITIES, COSTS AND COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEESFEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, RESULTING FROM KNOWN OR UNKNOWN, WHICH PURCHASER MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLER AT ANY VIOLATION TIME BY REASON OF THESE TERMS OR ARISING OUT OF USE BY YOUANY CONSTRUCTION DEFECTS, PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING ANY ENVIRONMENTAL LAWS) AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY. PURCHASER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REMOVAL OF HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL CONDITIONS ON THE PROPERTY BE REQUIRED AFTER THE DATE OF CLOSING, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF PURCHASER.

Disclaimers. ALL INFORMATIONEXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 18, MATERIALS THE BRIGHTCLOUD SERVICE, CLASSIFICATIONS, AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF DOCUMENTATION, ARE EACH PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY AND WEBROOT AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIEDINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLEFUNCTIONALITY, NONOR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WEBROOT DOES NOT AND CANNOT WARRANT THAT ANY CLASSIFICATION IS COMPLETE, ACCURATE, OR CURRENT. IN ADDITION, THE COMPONENTS, ALGORITHMS, AND MACHINE LEARNING UNDERLYING AND CONSTITUTING THE BASIS FOR ANY CLASSIFICATION ARE FREQUENTLY CHANGING AND WEBROOT DOES NOT WARRANT THAT ANY CLASSIFICATIONS ARE CORRECT OR COMPLETE. WEBROOT DOES NOT WARRANT THAT ACCESS TO THE BRIGHTCLOUD SERVICE WILL BE CONTINUOUS OR UNINTERRUPTED, MEET PARTNER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, OR BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES, INFORMATION, MATERIALS OR OTHER MATTER (INCLUDING ANY SOFTWARE, HARDWARE, FIRMWARE, SYSTEM OR NETWORK), OR BE SECURE, ACCURATE, COMPLETE, OR ERROR FREE. ALL OPEN-INFRINGEMENT OF SOURCE SOFTWARE AND OTHER THIRD-PARTY RIGHTS MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR FREEDOM FROM VIRUSES WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN END USER AND THE THIRD-PARTY COPYRIGHT OWNER OF SUCH OPEN- SOURCE SOFTWARE OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD THIRD-PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUMATERIALS.

Disclaimers. ALL INFORMATION, MATERIALS AND SERVICES CONTAINED THE SITE IS PROVIDED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AN "AS IS.” , AS AVAILABLE" BASIS. WE MAKE NO WARRANTY, REPRESENTATION, ENDORSEMENT, GUARANTY OR WARRANTY CONDITION OF ANY KIND, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, BY DESCRIPTIONSTATUTORY OR OTHERWISE (INCLUDING, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITYRELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, SECURITY, ACCURACY, COMPLETENESS, T I T L E O R N O N - I N F R I N G E M E N T, O R I M P L I E D WA R R A N T I E S O F MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), TITLEWITH RESPECT TO THE SYSTEM OR ANY OF THE CONTENT, NONSERVICES, PRODUCTS, SOFTWARE OR OTHER MATERIALS AVAILABLE THROUGH THE SITE. WE DO NOT REPRESENT, WARRANT OR GUARANTY THAT (a) THE SYSTEM WILL BE AVAILABLE, 100% SECURE, TIMELY, UNINTERRUPTED OR ERROR-INFRINGEMENT FREE OR OPERATE IN COMBINATION WITH ANY OTHER APPLICATION, SOFTWARE, HARDWARE, SYSTEM OR DATA; (b) THE SYSTEM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (c) ANY DATA STORED USING THE SYSTEM WILL BE ACCURATE, RELIABLE, OR SECURE; (d) ERRORS OR DEFECTS IN THE SYSTEM WILL BE CORRECTED; OR (e) THE SYSTEM OR THE THIRD PARTY PRODUCTS OR SERVICES USED BY US TO MAKE THEM AVAILABLE ARE FREE OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODECOMPONENTS. WE DO NOT WARRANT THE ACCURACYMAKE ANY REPRESENTATIONS, ADEQUACY WARRANTIES OR COMPLETENESS GUARANTIES OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE KIND, AND ITS CONTENTSHALL HAVE NO RESPONSIBILITY WHATSOEVER, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR WITH RESPECT TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVERPRODUCTS, INCLUDINGSERVICES, WITHOUT LIMITATIONCONTENT OR OTHER MATERIALS ACCESSED, DIRECT ENCOUNTERED OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH OBTAINED BY YOU THROUGH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUSYSTEM.

Disclaimers. ALL INFORMATION(a) EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH IN SECTION 2 (i) ASSIGNOR MAKES NO REPRESENTATIONS OR WARRANTIES, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONEXPRESS, ENDORSEMENT, OR WARRANTY OF ANY KIND, EITHER EXPRESSED STATUTORY OR IMPLIED, AND (ii) ASSIGNOR EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY REPRESENTATION, WARRANTY, STATEMENT OR INFORMATION MADE OR COMMUNICATED (ORALLY OR IN WRITING) TO ASSIGNEE OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, CONSULTANTS OR REPRESENTATIVES (INCLUDING, WITHOUT LIMITATION, ANY OPINION, INFORMATION, PROJECTION OR ADVICE THAT MAY HAVE BEEN PROVIDED TO ASSIGNEE BY DESCRIPTIONANY OFFICER, BY SAMPLE DIRECTOR, EMPLOYEE, AGENT, CONSULTANT, REPRESENTATIVE OR OTHERWISE, AND ADVISOR OF ASSIGNOR OR ANY OF ITS AFFILIATES). IN PARTICULAR AND WITHOUT LIMITATIONLIMITING THE GENERALITY OF THE FOREGOING, MAKE NO ASSIGNOR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS, STATUTORY OR IMPLIED, AS TO (i) THE MAINTENANCE, REPAIR, CONDITION, QUALITY, SUITABILITY, DESIGN OR MARKETABILITY OF THE EQUIPMENT, (ii) THE CONTENT, CHARACTER OR NATURE OF ANY INFORMATION MEMORANDUM, REPORTS, BROCHURES, CHARTS OR STATEMENTS PREPARED BY ASSIGNOR OR THIRD PARTIES WITH RESPECT TO THE EQUIPMENT, (iii) ANY OTHER MATERIALS OR INFORMATION THAT MAY HAVE BEEN MADE AVAILABLE TO ASSIGNEE OR ITS AFFILIATES, OR ITS OR THEIR EMPLOYEES, AGENTS, CONSULTANTS, REPRESENTATIVES OR ADVISORS IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS ASSIGNMENT AND BXXX OF SALE OR ANY DISCUSSION OR PRESENTATION RELATING THERETO, AND (iv) ANY IMPLIED WARRANTIES OR EXPRESS WARRANTY OF FREEDOM FROM PATENT OR TRADEMARK INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 2, ASSIGNOR FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS, STATUTORY OR IMPLIED, OF MERCHANTABILITY, FREEDOM FROM LATENT VICES OR DEFECTS, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OF ANY ASSETS, TITLE, NON-INFRINGEMENT RIGHTS OF THIRD-PARTY RIGHTS A PURCHASER UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS RETURN OF THE MATERIALS CONTAINED ON PURCHASE PRICE, IT BEING EXPRESSLY UNDERSTOOD AND AGREED BY THE WEBSITE PARTIES HERETO THAT ASSIGNEE SHALL BE DEEMED TO BE OBTAINING THE EQUIPMENT IN ITS PRESENT STATUS, CONDITION AND STATE OF REPAIR, “AS IS” AND “WHERE IS” WITH ALL FAULTS OR WARRANT DEFECTS (KNOWN OR UNKNOWN, LATENT, DISCOVERABLE OR UNDISCOVERABLE), AND THAT ANY DEFECTS WILL ASSIGNEE HAS MADE OR CAUSED TO BE CORRECTEDMADE SUCH INSPECTIONS AS ASSIGNEE DEEMS APPROPRIATE. AS PART OF THE PROVISIONS OF THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability SECTION 1(a), BUT NOT AS A CONDITION LIMITATION THEREON, BUYER HEREBY AGREES, REPRESENTS AND WARRANTS THAT THE MATTERS RELEASED HEREIN ARE NOT LIMITED TO MATTERS WHICH ARE KNOWN OR DISCLOSED, AND BUYER HEREBY WAIVES ANY AND ALL RIGHTS AND BENEFITS WHICH IT NOW HAS, OR IN THE FUTURE MAY HAVE CONFERRED UPON IT, BY VIRTUE OF YOUR USING THE WEBSITE AND ITS CONTENTPROVISIONS OF FEDERAL, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE STATE OR LIABLE TO YOU LOCAL LAW, RULES OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVERREGULATIONS, INCLUDING, WITHOUT LIMITATION, DIRECT SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR INDIRECT SPECIALSUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, INCIDENTIAL, CONSEQUENTIAL WHICH IF KNOWN BY HIM OR PUNITIVE DAMAGE, LOSSES HER MUST HAVE MATERIALLY AFFECTED HIS OR EXPENSES OF ANY KIND, ARISING IN CONNECTION HER SETTLEMENT WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCEDEBTOR. Seller and Buyer acknowledge that the compensation to be paid to Seller for the Equipment has been decreased to take into account that the Equipment is being sold subject to the provisions of this Section 1(a), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOU.

Disclaimers. ALL INFORMATIONEXCEPT AS EXPRESSLY PROVIDED HEREIN, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, BY DESCRIPTION, BY SAMPLE STATUTORY OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATIONEACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, MAKE NO INCLUDING ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON INFRINGEMENT, THE IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF THIRD-PARTY RIGHTS DEALING OR FREEDOM FROM VIRUSES USAGE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CONTENT AND SERVICES ARE PROVIDED “AS IS,” AND AS AVAILABLE EXCLUSIVE OF ANY WARRANTY WHATSOEVER. NO WARRANTY, GUARANTEE OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY REPRESENTATION IS MADE THAT USE OR COMPLETENESS PROVISION OF THE MATERIALS CONTAINED ON THE WEBSITE SERVICES IS OR WARRANT WILL BE ERROR FREE, DEFECT FREE, OR UNINTERRUPTED, THAT ANY ERRORS OR DEFECTS IN THE SERVICES CAN OR WILL BE CORRECTED, OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. THIS DISCLAIMER OF WARRANTIES APPLIES TO FURTHER, FLASHTRACT DISCLAIMS ANY REPRESENTATION, GUARANTEE OR WARRANTY CONCERNING CUSTOMER’S RELIANCE UPON THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING SERVICES OR OUTCOMES FROM THE WEBSITE AND ITS CONTENTSERVICES, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE ABILITY OR INABILITY ON THE PART OF THE CUSTOMER TO USE ACHIEVE AN OUTCOME THAT IT BY ANY PERSON, OR DECIDED TO PURSUE IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF RELIANCE UPON THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUSERVICES.

Disclaimers. THE SERVICE AND ALL INFORMATIONTECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND SERVICES CONTAINED ON OTHER DATA OR INFORMATION PROVIDED BY US (COLLECTIVELY THE WEBSITE AND THE CONTENTS THEREOF “SERVICE OFFERINGS”) ARE PROVIDED “AS IS.” ”. WE MAKE NO REPRESENTATION, ENDORSEMENT, REPRESENTATIONS OR WARRANTY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY DESCRIPTIONAPPLICABLE LAW, BY SAMPLE OR OTHERWISEWE DISCLAIM ALL WARRANTIES, AND IN PARTICULAR AND INCLUDING, WITHOUT LIMITATION, MAKE NO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF THIRD-PARTY RIGHTS ANY COURSE OF DEALING OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODEUSAGE OF TRADE. WE DO NOT WARRANT THAT THE ACCURACYSERVICE OFFERINGS WILL FUNCTION AS DESCRIBED, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTEDUNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITHIN THE SERVICE OFFERINGS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT WE SHALL WE NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVERSERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, DIRECT POWER OUTAGES, SYSTEM FAILURES OR INDIRECT SPECIALOTHER INTERRUPTIONS, INCIDENTIAL, CONSEQUENTIAL INCLUDING THOSE THAT AFFECT THE PROCESSING OR PUNITIVE DAMAGE, LOSSES OR EXPENSES COMPLETION OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT TICKET OR ANY WEBSITE LINKED HERETO, THE USE THEREOF REGISTRATION PURCHASE. NO ADVICE OR THE INABILITY TO USE IT INFORMATION OBTAINED BY ANY PERSON, YOU FROM US OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND FROM ANY THIRD PARTY OR THROUGH THE SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM SHALL CREATE ANY VIOLATION OF THESE TERMS OF USE BY YOUWARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

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Disclaimers. EXCEPT FOR THE LIMITED WARRANTY EXPRESSED HEREIN, KRYTAR DISCLAIMS ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY KINDOTHER WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLEOTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS RESTRICTION OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT MODIFICATION UNDER THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Limitation of Liability AS A CONDITION KRYTAR SHALL NOT BE LIABLE TO BUYER, BUYER'S CUSTOMERS, OR ANY OTHER PARTY FOR ANY LOSS, DAMAGE, OR INJURY THAT RESULTS FROM THE USE OR APPLICATION BY BUYER, BUYER'S CUSTOMER, OR ANY OTHER PARTY, OF YOUR USING D E L I V E R E D PRODUCTS, UNLESS THE WEBSITE AND ITS CONTENT, YOU AGREE THAT LOSS OR DAMAGE RESULTS DIRECTLY FROM THE INTENTIONALLY TORTIOUS OR FRAUDULENT ACTS OR OMISSIONS OF KRYTAR. IN NO EVENT SHALL WE KRYTAR BE RESPONSIBLE OR LIABLE TO YOU BUYER, BUYER'S CUSTOMERS, OR TO ANY THIRD OTHER PARTY FOR ANY DAMAGE WHATSOEVERLOSS, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES INJURY OF ANY KIND, KIND OR NATURE ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OUT OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR ANY FAILURE AGREEMENT INTO WHICH THEY ARE INCORPORATED, OR ANY PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS BY KRYTAR, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, IN EXCESS OF PERFORMANCETHE NET PURCHASE PRICE OF THE PRODUCTS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER. IN NO EVENT SHALL KRYTAR BE LIABLE TO BUYER, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATABUYER'S CUSTOMERS, OR ANY OTHER THEORY PARTY FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF LIABILITYGOODWILL, WHETHER LOSS OF ANTICIPATED PROFITS, OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH KRYTAR'S BREACH OF, OR FAILURE TO PERFORM IN ACCORDANCE WITH ANY OF THESE TERMS AND CONDITIONS, AN ACTION IN CONTRACTORDER OR THE FURNISHING, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY USE OR OTHERWISEPERFORMANCE OF ANY PRODUCTS OR INFORMATION KRYTAR SHALL PROVIDE TO BUYER, EVEN IF WE ARE ADVISED FOF NOTIFICATION HAS BEEN GIVEN AS TO THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION BUYER HEREBY EXPRESSLY WAIVES ANY AND ALL CLAIMS FOR SUCH DAMAGES. IN NO EVENT SHALL OURKRYTAR HAVE ANY LIABILITY FOR ANY PRODUCTS USED FOR AVIATION, OUR LICENSORS’MEDICAL, SUPPLIER’SLIFESAVING, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOULIFE- SUSTAINING OR NUCLEAR APPLICATIONS.

Disclaimers. ALL INFORMATION(a) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, MATERIALS EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN SECTION 11 ABOVE, DISCO (INCLUDING, FOR PURPOSES OF THIS SECTION, ITS LICENSORS) DOES NOT MAKE ANY, AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONHEREBY EXPRESSLY DISCLAIMS ALL, ENDORSEMENTWARRANTIES, OR WARRANTY OF ANY KIND, EITHER WHETHER EXPRESSED OR IMPLIED, BY DESCRIPTIONWITH RESPECT TO THE DISCO OFFERINGS, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, WARRANTIES OF TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATAINFRINGEMENT, OR ANY OTHER THEORY WARRANTIES THAT MAY ARISE FROM USAGE OF LIABILITYTRADE OR COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, DISCO DOES NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES AND/OR GUARANTEES REGARDING WHETHER IN AN ACTION IN CONTRACTACCESS TO, TORT OR USE OR OPERATION OF, THE DISCO OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE. (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW b) DISCO IS NOT ENGAGED IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’PRACTICE OF LAW OR THE BUSINESS OF RENDERING LEGAL ADVICE, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100NEITHER DISCO NOR THE DISCO OFFERINGS SHOULD BE RELIED UPON AS SUCH. Indemnification YOU AGREE TO INDEMNIFYIF LEGAL ADVICE OR LEGAL SERVICES ARE REQUIRED BY CUSTOMER, DEFEND, CUSTOMER SHOULD SEEK THE ADVICE AND HOLD HARMLESS US, OUR AFFILIATES, SERVICES OF A COMPETENT LICENSED ATTORNEY. CUSTOMER ACKNOWLEDGES THAT IT HAS NOT AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, WILL NOT RELY ON DISCO FOR LEGAL ADVICE AND WILL NOT AND HAS NOT ENGAGED DISCO OR ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUDISCO EMPLOYEE AS AN ATTORNEY.

Disclaimers. ALL INFORMATIONNOTWITHSTANDING ANY COMMUNICATIONS BETWEEN Fractalous AND CLIENT, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “EXCEPT AS IS.” WE MAKE NO REPRESENTATIONEXPRESSLY STATED IN THIS MSA, ENDORSEMENTNEITHER Fractalous NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SUB-CONTRACTORS, OR WARRANTY LICENSORS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED ORAL OR WRITTEN, EXPRESS OR IMPLIED, BY DESCRIPTIONARISING FROM COURSE OF DEALING, BY SAMPLE COURSE OF PERFORMANCE, OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATIONINCLUDING, MAKE NO IMPLIED BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLECONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, COMPLETELY SECURE, ERROR-FREE, NON-INFRINGEMENT INTERRUPTION, OR NON-INTERFERENCE. EXCEPT AS EXPRESSLY STATED IN THIS MSA, THE SERVICES AND SYSTEMS PROVIDED UNDER OR ASSOCIATED WITH THIS MSA, INCLUDING THIRD PARTY PRODUCTS OR EQUIPMENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EACH OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED THESE DISCLAIMERS SHALL APPLY UNLESS PROHIBITED BY APPLICABLE LAW. Limitation of Liability AS A CONDITION Fractalous IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS LIABILITY FOR THE PERFORMANCE OR QUALITY OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVERVENDOR, INCLUDINGTHEIR THIRD PARTY PRODUCTS OR THEIR SUPPLIERS, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES AND THEIR FAILURE WILL NOT AFFECT CLIENT’S OBLIGATIONS TO Fractalous. CLIENT’S USE OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, SERVICES SHALL BE AT ITS OWN RISK AND CLIENT AGREES TO SEEK REDRESS AGAINST THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR THIRD PARTY VENDOR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION GRIEVANCES OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUCLAIMS.

Disclaimers. ALL INFORMATIONEXCEPT AS EXPRESSLY PROVIDED IN SECTION 17.1, MATERIALS THE BRIGHTCLOUD SERVICE, DELIVERY SOFTWARE, CONTEXTUAL DATA, DATA TYPES, BROWSER INTERFACE, DOCUMENTATION, AND PROFESSIONAL SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY AND WEBROOT AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIEDINCLUDING ANY WARRANTY OF NON-INFRINGEMENT, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITYTITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLEFUNCTIONALITY, NONOR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WEBROOT DOES NOT AND CANNOT WARRANT THAT ANY CONTEXTUAL DATA OR ANY DATA TYPE IS COMPLETE, ACCURATE, OR CURRENT. IN ADDITION, THE COMPONENTS, ALGORITHMS, AND MACHINE LEARNING UNDERLYING AND CONSTITUTING THE BASIS FOR ANY CONTEXTUAL DATA OR ANY DATA TYPE ARE CONSTANTLY CHANGING AND WEBROOT DOES NOT WARRANT THAT ANY CLASSIFICATIONS ARE CORRECT OR COMPLETE. WEBROOT DOES NOT WARRANT THAT ACCESS TO THE BRIGHTCLOUD SERVICE WILL BE CONTINUOUS OR UNINTERRUPTED, MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, OR BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES, INFORMATION, MATERIALS OR OTHER MATTER (INCLUDING ANY SOFTWARE, HARDWARE, FIRMWARE, SYSTEM OR NETWORK), OR BE SECURE, ACCURATE, COMPLETE, OR ERROR FREE. ALL OPEN-INFRINGEMENT OF SOURCE SOFTWARE AND OTHER THIRD-PARTY RIGHTS MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR FREEDOM FROM VIRUSES WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY COPYRIGHT OWNER OR DISTRIBUTOR OF SUCH OPEN-SOURCE SOFTWARE OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD THIRD-PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUMATERIALS.

Disclaimers. ALL INFORMATION, MATERIALS AND OUR SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTIONAND ALL WARRANTIES, BY SAMPLE EXPRESS OR OTHERWISEIMPLIED, AND IN PARTICULAR AND INCLUDING, WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, NONCOURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND SERVICES ARE CURRENT AND/OR UP-INFRINGEMENT TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT OUR SERVICES, OR YOUR USE OF THIRDOUR SERVICES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-PARTY RIGHTS FREE, SECURE, OR FREEDOM THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT OUR SERVICES, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE FROM OUR SERVICES, IS FREE OF VIRUSES OR OTHER HARMFUL CODECOMPONENTS. WE DO NOT WARRANT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE ACCURACYUSE OF, ADEQUACY OR COMPLETENESS THE RESULTS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER USE OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’SERVICES, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, ASSUME ALL RESPONSIBILITY AND HOLD HARMLESS US, RISK FOR YOUR USE OF OUR AFFILIATES, SERVICES AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, INFORMATION AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUYOUR RELIANCE THEREON.

Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PORTAL, ACCESS TO THE PORTAL, AND ALL INFORMATIONRELATED CONTENT, MATERIALS SERVICES AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF INFORMATION ARE PROVIDED ON AN “AS IS.” WE MAKE NO REPRESENTATIONAND “AS AVAILABLE” BASIS, ENDORSEMENT, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTIONOR ANY GUARANTY OR ASSURANCE THE PORTAL WILL BE AVAILABLE FOR USE OR THAT ALL INFORMATION, BY SAMPLE CONTENT, MATERIALS, PRODUCTS, FEATURES, FUNCTIONS OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OPERATIONS WILL BE AVAILABLE OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODEPERFORM AS DESCRIBED. WE DO XXXXXXXXX DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY PART OF THE PORTAL WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. THIS DISCLAIMER YOU EXPRESSLY AGREE THAT YOUR USE OF WARRANTIES APPLIES THE PORTAL IS AT YOUR SOLE RISK, INCLUDING BUT NOT LIMITED TO THE FULLEST RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE PORTAL. XXXXXXXXX DOES NOT WARRANT THAT THE PORTAL, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PORTAL OR ELECTRONIC COMMUNICATIONS SENT FROM THE PORTAL ARE FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XXXXXXXXX EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, PRIVACY OR SECURITY PRACTICES OR INFORMATION FOUND ON THIRD PARTY WEBSITES OR APPS THAT LINK TO OR FROM THE PORTAL. Without limiting the foregoing, we are not responsible or liable for the accuracy, usefulness, timeliness or availability of any information transmitted or made available via the Portal, and are not responsible or liable for any error or omissions in that information. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all content, features and functions of the Portal. If you elect to access and/or use the Portal from outside of the United States, we make no warranties that materials on the Portal are appropriate for compliance with any laws of your specific jurisdiction. You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you shall not use the Portal if you are restricted by any local, state, national or international laws. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN LAW, UNDER NO EVENT SHALL OURCIRCUMSTANCES XXXX XXXXXXXXX, OUR ITS LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORSOR AFFILIATES BE LIABLE FOR ANY DIRECT, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSESINDIRECT, EXPENSESCONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES AND COSTSOR LOST PROFITS, INCLUDING REASONABLE ATTORNEYS’ FEESWHETHER FORESEEABLE OR UNFORESEEABLE, RESULTING BASED ON CLAIMS ARISING OUT OF OR RELATED TO THE PORTAL (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF YOUR DATA, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE PORTAL, STOPPAGE OF OTHER WORK OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIOLATION VIRUS OR OTHER HARMFUL APPLICATION), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN THE EVENT OF ANY PROBLEM WITH THE PORTAL, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE PORTAL. UNDER NO CIRCUMSTANCES SHALL XXXXXXXXX BE LIABLE IN ANY WAY FOR YOUR USE OF THE PORTAL, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE PORTAL. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE TERMS OF USE BY YOULIMITATIONS, EXCLUSIONS AND DISCLAIMERS.

Disclaimers. ALL INFORMATIONTHE PROGRAM, MATERIALS THE INFLUENCERCEO SITE, ANY PRODUCTS AND SERVICES CONTAINED OFFERED ON THE WEBSITE INFLUENCERCEO OR GINAKERSHAW SITE, ANY COUPON, UNIQUE LINKS, LINK FORMATS, CONTENT, OUR AND OUR AFFILIATES’ DOMAIN NAMES, TRADEMARKS AND LOGOS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE CONTENTS THEREOF PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS.” AND “AS AVAILABLE”. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE NO REPRESENTATION, ENDORSEMENT, ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR WHETHER EXPRESS, IMPLIED, BY DESCRIPTIONSTATUTORY, BY SAMPLE OR OTHERWISE, WITH RESPECT TO THE SERVICE OFFERINGS. WE AND IN PARTICULAR OUR AFFILIATES AND WITHOUT LIMITATIONLICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, MAKE NO INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF THIRD-PARTY RIGHTS ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR FREEDOM TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM VIRUSES TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, VIRUSES, MALICIOUS SOFTWARE, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR PROFILES OR ANY DATA, IMAGES, TEXT, OR OTHER HARMFUL CODEINFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE SERVICE OFFERINGS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE DO NOT WARRANT THE ACCURACY, ADEQUACY NOR ANY OF OUR AFFILIATES OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS LICENSORS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVERCOMPENSATION, INCLUDINGREIMBURSEMENT, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, DAMAGES ARISING IN CONNECTION WITH THE WEBSITE(X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETOANTICIPATED SALES, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSONGOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY YOUR PARTICIPATION IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATATHE PROGRAM, OR (Z) ANY OTHER THEORY TERMINATION OR SUSPENSION OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW YOUR PARTICIPATION IN THE PROGRAM. NOTHING IN THIS SECTION WILL OPERATE TO EXCLUDE OR LIMIT WARRANTIES, LIABILITIES, OR REPRESENTATIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOULAW.

Disclaimers. ALL INFORMATIONNASAA AND ITS AGENTS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, MATERIALS RELIABILITY, AUTHENTICITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE, INCLUDING THE APPLICATIONS, DATA, CONTENT AND SERVICES CONTAINED AVAILABLE ON OR THROUGH THE WEBSITE AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, AND THE CONTENTS THEREOF ALL SUCH APPLICATIONS, DATA, CONTENT AND SERVICES, ARE PROVIDED ON AN “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED. NASAA, BY DESCRIPTIONON BEHALF OF ITSELF AND ITS AGENTS AND SUPPLIERS, BY SAMPLE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE (OR OTHERWISEANY PART THEREOF) INCLUDING ALL APPLICATIONS, DATA, CONTENT AND IN PARTICULAR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING ANY AND WITHOUT LIMITATION, MAKE NO ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT NASAA OR ITS AGENTS OR SUPPLIERS KNOW, OR HAVE REASON TO KNOW, OR HAVE BEEN ADVISED OF OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) IN ALL CASES, TITLEWHETHER SUCH WARRANTIES ARE ALLEGED TO ARISE BY LAW, NON-INFRINGEMENT BY REASON OF THIRD-PARTY RIGHTS CUSTOM OR FREEDOM FROM USAGE IN THE TRADE OR BY COURSE OF DEALING. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NASAA, ON BEHALF OF ITSELF AND ITS AGENTS AND SUPPLIERS, DOES NOT REPRESENT OR WARRANT: (i) THAT THE WEBSITE, INCLUDING THE APPLICATIONS, DATA, CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, (ii) THAT DEFECTS, ERRORS OR INACCURACIES IN THE WEBSITE, INCLUDING THE APPLICATIONS, DATA, CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, WILL BE CORRECTED, (iii) THAT ANY RESULTS OBTAINED VIA THE USE OF THE WEBSITE, INCLUDING THE APPLICATIONS, DATA, CONTENT AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, WILL BE ACCURATE, EFFECTIVE OR RELIABLE, OR (iv) THAT THE WEBSITE, OR THE SERVERS THAT MAKE THE SAME AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL CODECOMPONENTS. WE DO NOT WARRANT FURTHER, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NASAA AND ITS AGENTS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY, ADEQUACY DEPENDABILITY, SECURITY, AUTHENTICITY OR COMPLETENESS OF DATA TRANSMITTED OVER THE MATERIALS CONTAINED ON THE WEBSITE INTERNET, AND UNDER NO CIRCUMSTANCES WILL NASAA OR WARRANT THAT ANY DEFECTS WILL ITS AGENTS OR SUPPLIERS BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVERLIABILITIES RESULTING FROM ANY INTRUSION, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILUREDISRUPTION, LOSS OF COMMUNICATION, LOSS OR CORRUPTION OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY ERROR OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES EVENT CAUSED OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN OR INTRODUCED THROUGH, THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO INTERENT OR YOUR SERVERS. YOU EXCEED U.S. $100. Indemnification ACKNOWLEDGE THAT NETWORK OR SERVER PROBLEMS WITH THE INTERNET MAY PREVENT YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUACCESSING OR USING THE WEBSITE.

Disclaimers. ALL INFORMATIONTHE APPLICATIONS, MATERIALS INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF SERVICES, ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTIONAND ALL WARRANTIES, BY SAMPLE EXPRESS OR OTHERWISEIMPLIED, AND IN PARTICULAR AND INCLUDING, WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, NONCOURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND APPLICATIONS ARE CURRENT AND/OR UP-INFRINGEMENT TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE APPLICATIONS, OR YOUR USE OF THIRD-PARTY RIGHTS THE APPLICATIONS, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR- FREE, SECURE, OR FREEDOM THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE APPLICATIONS, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE APPLICATIONS, ARE FREE OF VIRUSES OR OTHER HARMFUL CODECOMPONENTS. WE DO NOT WARRANT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE ACCURACYUSE OF, ADEQUACY OR COMPLETENESS THE RESULTS OF THE MATERIALS CONTAINED USE OF, THE APPLICATIONS, EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APPLICATIONS AND/OR SERVICES AND INFORMATION, AND YOUR RELIANCE THEREON. ADVISOR’S CHOICE MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES ON THE WEBSITE APPLICATIONS, AND ADVISOR’S CHOICE SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES GUARANTEE WITH RESPECT TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION QUALITY, SAFETY, LEGALITY, OR OTHER CHARACTERISTICS OF YOUR USING SUCH PRODUCTS AND SERVICES, OR WITH RESPECT TO THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO CONDUCT OF ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT SUCH OFFERS OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUSALES.

Disclaimers. ALL INFORMATION, THE PROGRAM AND ANY BENEFITS OR OTHER MATERIALS AND SERVICES CONTAINED ON THAT WE MAY OFFER THROUGH THE WEBSITE AND THE CONTENTS THEREOF PROGRAM ARE PROVIDED “AS AS-IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, EXPRESS OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE PROGRAM (INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF THIRD-PARTY RIGHTS A COURSE OF PERFORMANCE, DEALING, OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODETRADE USAGE). WE DO NOT WARRANT THE ACCURACYGUARANTEE AN INCREASE IN REVENUE OR CUSTOMERS FOR YOUR COMPANY OR THAT YOU WILL RECEIVE FUNDING FROM ANY THIRD PARTIES. WE ARE NOT AUTHORIZED TO, ADEQUACY OR COMPLETENESS AND ACCORDINGLY WE CANNOT, PROVIDE ANY REGULATED FINANCIAL SERVICE AS PART OF THE MATERIALS CONTAINED ON PROGRAM IN ANY JURISDICTION, AND NOTHING WE DO SHOULD BE CONSTRUED AS THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTEDPROVISION OF SUCH A SERVICE. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENTIN PARTICULAR, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, BUT WITHOUT LIMITATION, DIRECT THIS MEANS THAT WE ARE NOT GENERALLY ABLE TO ARRANGE OR INDIRECT SPECIALFACILITATE, INCIDENTIALOR PROVIDE ADVICE TO POTENTIAL INVESTORS IN RELATION TO, CONSEQUENTIAL INVESTMENT IN, OR PUNITIVE DAMAGEFINANCING OF, LOSSES OR EXPENSES OF ANY KINDYOU, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY COMPANY OR ENTITY YOU REPRESENT. YOU SHOULD ALWAYS SEEK APPROPRIATE ASSISTANCE FROM DULY LICENSED INDEPENDENT PROFESSIONAL ADVISERS IN RELATION TO USE IT BY ANY PERSON, SUCH INVESTMENT OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUFINANCING.

Disclaimers. ALL INFORMATIONEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MATERIALS THE MTCA, THE OTAS OR ANY DOCUMENT DELIVERED AT CLOSING, IT IS UNDERSTOOD AND SERVICES CONTAINED ON AGREED THAT SELLERS ARE NOT MAKING, IN CONNECTION WITH THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONTRANSACTIONS CONTEMPLATED HEREIN, ENDORSEMENT, ANY WARRANTIES OR WARRANTY REPRESENTATIONS OF ANY KINDKIND OR CHARACTER, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTIONWITH RESPECT TO THE JV ENTITIES, BY SAMPLE THE JV SUBS, ANY INTERESTS IN ANY OF THE FOREGOING, OR OTHERWISEANY OF THE FACILITIES, AND IN PARTICULAR AND WITHOUT LIMITATIONINCLUDING, MAKE NO IMPLIED BUT NOT LIMITED TO, ANY WARRANTIES OF OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT ZONING, TAX CONSEQUENCES, LATENT OR PATENT PHYSICAL OR ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACYFACILITIES WITH LAWS, ADEQUACY THE TRUTH, ACCURACY OR COMPLETENESS OF THE MATERIALS CONTAINED DOCUMENTS OR INFORMATION PROVIDED BY OR ON THE WEBSITE BEHALF OF SELLERS TO PURCHASERS OR WARRANT THAT THEIR REPRESENTATIVES, OR ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES OTHER MATTER OR THING RELATING TO THE FULLEST TRANSACTIONS CONTEMPLATED HEREIN. PURCHASERS ACKNOWLEDGE AND AGREE THAT, AT THE CLOSING, SELLERS SHALL ASSIGN AND SELL TO PURCHASERS, AND PURCHASERS SHALL ACCEPT AND PURCHASE FROM SELLERS, THE JV INTERESTS “AS IS, WHERE IS, WITH ALL FAULTS,” EXCEPT TO THE EXTENT PERMITTED EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, THE MTCA, THE OTAS OR IN ANY DOCUMENT DELIVERED BY LAWSELLERS AT CLOSING. Limitation of Liability PURCHASERS HAVE NOT RELIED AND WILL NOT RELY ON, AND NEITHER SELLERS NOR THEIR REPRESENTATIVES ARE LIABLE FOR OR BOUND BY, IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREIN, ANY EXPRESSED OR IMPLIED WARRANTIES, GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING OR RELATING TO ANY OF THE JV ENTITIES, JV SUBS, FACILITIES OR INTERESTS OF ANY OF THE FOREGOING (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, PROPERTY INFORMATION PACKAGES DISTRIBUTED WITH RESPECT TO THE FACILITIES) PREPARED OR FURNISHED BY OR ON BEHALF OF SELLERS TO WHOMEVER, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE MTCA, THE OTAS OR IN ANY DOCUMENT DELIVERED AT CLOSING. PURCHASERS REPRESENT TO SELLERS THAT PURCHASERS HAVE CONDUCTED SUCH INVESTIGATIONS OF THE FACILITIES (INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF) AS A PURCHASERS DEEM NECESSARY TO SATISFY THEMSELVES AS TO THE CONDITION OF YOUR USING THE WEBSITE FACILITIES AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE RESPONSIBLE OR LIABLE TO YOU OR TAKEN WITH RESPECT TO ANY THIRD PARTY FOR HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE FACILITIES, AND, IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREIN, WILL RELY SOLELY UPON SAME AND NOT UPON ANY DAMAGE WHATSOEVERINFORMATION PROVIDED BY OR ON BEHALF OF SELLERS OR THEIR REPRESENTATIVES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS AND WARRANTIES OF SELLERS AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE MTCA, THE OTAS OR ANY DOCUMENT DELIVERED AT CLOSING. UPON CLOSING, WITHOUT LIMITING ANY REPRESENTATION OR WARRANTY OF SELLERS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE MTCA, THE OTAS OR ANY DOCUMENT DELIVERED AT CLOSING, PURCHASERS SHALL ASSUME THE RISK (SOLELY IN THEIR CAPACITY AS PURCHASERS HEREUNDER) THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASERS’ INVESTIGATIONS, AND PURCHASERS, UPON CLOSING, SHALL BE DEEMED (SOLELY IN THEIR CAPACITY AS PURCHASERS HEREUNDER) TO HAVE WAIVED, RELINQUISHED AND RELEASED SELLERS AND THEIR RESPECTIVE AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH PURCHASERS MIGHT HAVE ASSERTED OR ALLEGED AGAINST SELLERS OR ANY OF THEIR RESPECTIVE AFFILIATES AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING, WITHOUT LIMITATION, DIRECT ANY ENVIRONMENTAL LAWS) AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR INDIRECT SPECIALMATTERS REGARDING THE JV ENTITIES, INCIDENTIALJV SUBS, CONSEQUENTIAL FACILITIES AND INTERESTS IN ALL OF THE FOREGOING. AS PART OF THE PROVISIONS OF THIS SECTION 8.2, BUT NOT AS A LIMITATION THEREON, EACH PURCHASER AGREES, REPRESENTS AND WARRANTS THAT THE MATTERS RELEASED HEREIN ARE NOT LIMITED TO MATTERS WHICH ARE KNOWN OR PUNITIVE DAMAGEDISCLOSED, LOSSES OR EXPENSES OF AND EACH PURCHASER (SOLELY IN ITS CAPACITY AS A PURCHASER HEREUNDER) HEREBY WAIVES ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF AND ALL RIGHTS AND BENEFITS WHICH IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSONNOW HAS, OR IN CONNECTION WITH ANY FAILURE THE FUTURE MAY HAVE CONFERRED UPON IT, BY VIRTUE OF PERFORMANCETHE PROVISIONS OF FEDERAL, ERRORSTATE OR LOCAL LAW, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION RULES OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUREGULATIONS.

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Disclaimers. ALL INFORMATIONXXXXXXXXX DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, MATERIALS AND SERVICES CONTAINED ON SERVICE OR FEATURE OF THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENTSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE SITE AND ITS CONTENTCONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. KiezelPay CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. XXXXXXXXX DISCLAIMS ALL WARRANTIES, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE EXPRESS OR LIABLE TO YOU OR TO IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XXXXXXXXX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE, ANY PORTION OF IT SITE AND/OR ANY WEBSITE KIEZELPAY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED HERETO, SITES. YOUR SOLE REMEDY AGAINST KIEZEL FOR DISSATISFACTION WITH THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, SITE OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY CONTENT IS TO STOP USING THE SITE OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF ANY SUCH DAMAGES, LOSSES OR EXPENSESCONTENT. THE FOREGOING THIS LIMITATION OF LIABILITY SHALL APPLY TO RELIEF IS A PART OF THE FULLEST EXTENT PERMITTED BY LAW IN BARGAIN BETWEEN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OURPARTIES. The above disclaimer applies to any damages, OUR LICENSORS’liability or injuries caused by any failure of performance, SUPPLIER’Serror, VENDORS’omission, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Indemnification YOU AGREE TO INDEMNIFYKiezelPay reserves the right to do any of the following, DEFENDat any time, AND HOLD HARMLESS USwithout notice: (1) to modify, OUR AFFILIATESsuspend or terminate operation of or access to the Site, AND OUR OFFICERSor any portion of the Site, DIRECTORSfor any reason; (2) to modify or change the Site, EMPLOYEESor any portion of the Site, AGENTSand any applicable policies or terms; and (3) to interrupt the operation of the Site, LICENSORSor any portion of the Site, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSESas necessary to perform routine or non-routine maintenance, EXPENSESerror correction, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUor other changes.

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Disclaimers. ALL INFORMATION, MATERIALS XXXXX ACKNOWLEDGES AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY AGREES THAT RIDER'S USE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTEDSERVICES IS AT RIDER'S SOLE RISK. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO RIDER'S USE OF ANY OF THE SERVICES, BTS AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability ALL OF THE SERVICES ARE PROVIDED "AS A CONDITION IS" AND "AS AVAILABLE" (AND RIDER RELIES ON THEM SOLELY AT RIDER'S OWN RISK). BTS AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF YOUR USING THE WEBSITE SERVICES WILL BE IN GOOD REPAIR OR ERROR-FREE, AND ITS CONTENTDELAYS, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OMISSIONS, INTERRUPTIONS, OR LIABLE TO YOU OR INACCURACIES COULD EXIST WITH RESPECT TO ANY THIRD PARTY OF THE SERVICES. XXXXX ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, AND BTS AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. XXXXX ASSUMES FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT KIND OR ANY WEBSITE LINKED HERETO, THE USE THEREOF NATURE WHATSOEVER RELATED TO A STOLEN OR THE INABILITY TO USE IT BY ANY PERSON, LOST BIKE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOURIDER'S PASS.

Disclaimers. ALL INFORMATION(a) EXCEPT AS EXPLICITLY STATED HEREIN, MATERIALS AND SERVICES CONTAINED ON NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY EITHER PARTY THAT ANY PATENT WILL ISSUE BASED UPON ANY PENDING PATENT APPLICATION WITHIN ITS PATENT RIGHTS, THAT ANY PATENT WITHIN THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENTINCYTE PATENT RIGHTS OR GHI PATENTS HAS ISSUED OR WILL ISSUE OR WILL BE VALID, OR WARRANTY THAT THE USE OF ANY KINDLICENSE GRANTED HEREUNDER OR THAT THE USE OFS.CONTANY INCYTE PATENT RIGHTS OR GHI PATENTS WILL NOT INFRINGE THE PATENT OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO USE OF THE INFORMATION TO BE PROVIDED TO IT HEREUNDER. EXCEPT AS EXPLICITLY STATED HEREIN, EITHER EXPRESSED ALL WARRANTIES, EXPRESS OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, NOVELTY OR FITNESS OF GENE/GENE DERIVATIVES OR DATABASE INFORMATION OR GHI PATENT INFORMATION FOR A ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODEARE EXCLUDED. WE DO INCYTE MAKES NO WARRANTY THAT THE DATABASE INFORMATION DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUCONTAIN ERRORS.

Disclaimers. a) THE SITE, USER CONTENT, THIRD PARTY SERVICES, AND ALL INFORMATION, MATERIALS PRODUCT AND SERVICES CONTAINED ON SOLD THROUGH THE WEBSITE SITE (COLLECTIVELY, “SITE PRODUCTS”) ARE MADE AVAILABLE “AS-IS” AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” AVAILABLE”. WE MAKE NO REPRESENTATION, ENDORSEMENT, DO NOT GUARANTEE OR WARRANTY PROMISE ANY SPECIFIC RESULTS FROM USE OF SITE PRODUCTS. COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-INFRINGEMENT. IN PARTICULAR, COMPANY AND ITS AFFILIATES MAKE NO WARRANTY THAT THE SITE OR USER CONTENT OR THIRD PARTY RIGHTS SERVICES, OR FREEDOM FROM VIRUSES YOUR ACCESS TO OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACYUSE THEREOF, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTEDUNINTERRUPTED, ERROR-FREE, TIMELY, ACCURATE, SECURE, OR RELIABLE. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN UNDER NO EVENT CIRCUMSTANCES SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES CONSEQUENCES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, UNAUTHORIZED USE OF SITE PRODUCTS THAT VIOLATES ANY PORTION OF IT APPLICABLE LAW OR ANY WEBSITE LINKED HERETO, THE USE THEREOF REGULATION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE INABILITY EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USE IT BY ANY PERSONYOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL LIMITATIONS MAY NOT APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’YOU, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUMAY HAVE ADDITIONAL RIGHTS.

Disclaimers. ALL INFORMATIONRIDER DOES HEREBY ACKNOWLEDGE AND AGREE THAT RIDER’S USE OF ANY OF THE SERVICES, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONBIKES, ENDORSEMENTSTATIONS, BIKE DOCKS, OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODERELATED INFORMATION IS AT RIDER’S SOLE RISK. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO RIDER’S USE OF ANY OF THE SERVICES, BIKES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, BTS AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability ALL OF THE SERVICES, BIKES, STATIONS, BIKE DOCKS, AND RELATED INFORMATION ARE PROVIDED “AS A CONDITION IS” AND “AS AVAILABLE” (AND RIDER RELIES ON THEM SOLELY AT RIDER’S OWN RISK). BTS AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF YOUR USING THE WEBSITE SERVICES, BIKES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION WILL BE IN GOOD REPAIR OR ERROR-FREE, AND ITS CONTENTDELAYS, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OMISSIONS, INTERRUPTIONS, OR LIABLE TO YOU OR INACCURACIES COULD EXIST WITH RESPECT TO ANY THIRD PARTY OF THE SERVICES, BIKES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION. RIDER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, BIKES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, AND BTS AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. RIDER ASSUMES FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT KIND OR ANY WEBSITE LINKED HERETO, THE USE THEREOF NATURE WHATSOEVER RELATED TO RIDER’S STOLEN OR THE INABILITY TO USE IT BY ANY PERSON, LOST BIKE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUMEMBERSHIP KEY.

Disclaimers. ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY SET FORTH IN THIS ARTICLE 7, AND CHILDREN’S AND OSU ON BEHALF OF ANY KINDTHEMSELVES AND THEIR AFFILIATES AND SUBSIDIARIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS, EITHER EXPRESSED OR IMPLIEDSTATUTORY, BY DESCRIPTION, BY SAMPLE IMPLIED OR OTHERWISE, INCLUDING MERCHANTABILITY AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEARISING FROM ANY COURSE OF DEALING, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS USAGE, OR FREEDOM FROM VIRUSES TRADE PRACTICE, WITH RESPECT TO THE SCOPE, VALIDITY OR OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS ENFORCEABILITY OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT LICENSED TECHNOLOGY; THAT ANY DEFECTS WILL BE CORRECTEDPATENT SHALL ISSUE BASED UPON ANY OF THE PENDING LICENSED PATENTS; THE ACCURACY OF THE TECHNICAL INFORMATION; OR THAT THE MANUFACTURE, USE, SALE, OFFER FOR SALE OR IMPORTATION OF LICENSED PRODUCTS SHALL NOT INFRINGE INTELLECTUAL PROPERTY RIGHTS. THIS DISCLAIMER THE ENTIRE RISK AS TO PERFORMANCE OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED LICENSED PRODUCTS IS ASSUMED BY LAWLICENSEE. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE LICENSEE AGREES THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIERCHILDREN’S, VENDORS’OSU, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR THEIR AFFILIATES, SUBSIDIARIES AND OUR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, STUDENTS, INDEPENDENT CONTRACTORS OR AGENTS, LICENSORSBE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, WHETHER GROUNDED IN TORT (INCLUDING NEGLIGENCE AND ANY THIRD PARTY SERVICE PROVIDER FROM PRODUCT LIABILITY), STRICT LIABILITY, CONTRACT OR OTHERWISE. ****CERTAIN INFORMATION HAS BEEN OMITTED AND AGAINST ALL LOSSES, EXPENSES, DAMAGES FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. THE ABOVE LIMITATIONS ON LIABILITY APPLY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NOTHING SHALL LIMIT CHILDREN’S AND COSTSOSU REMEDIES OR ABILITY TO RECOVER DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEESINCREASED DAMAGES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUFOR WILLFUL INFRINGEMENT IN THE EVENT CHILDREN’S AND OSU ASSERT THEIR INTELLECTUAL PROPERTY RIGHTS.

Disclaimers. ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR AND WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE IDAs DO NOT WARRANT WARRANT, AGREE, REPRESENT OR PROMISE THAT THE ACCURACYWEBSITES OR ANY CONTENT, ADEQUACY SERVICE OR COMPLETENESS FEATURE OF THE MATERIALS CONTAINED ON THE WEBSITE WEBSITES WILL FUNCTION IN ANY PARTICULAR MANNER, BE ERROR-FREE OR WARRANT UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITES WILL PROVIDE ANY SPECIFIC RESULTS. THIS DISCLAIMER THE WEBSITES AND THEIR CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS. THE IDAs DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ANY WARRANTIES OF WARRANTIES APPLIES ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL INFORMATION PROVIDED ON THE WEBSITES IS SUBJECT TO CHANGE WITHOUT NOTICE AND IS TO BE USED AT YOUR OWN RISK. THE FULLEST EXTENT PERMITTED BY LAWIDAs CANNOT ENSURE THAT ANY ACTIVITY ON THE WEBSITES OR THAT ANY FILES, CONTENT OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITES WILL BE FREE OF VIRUSES OR DESTRUCTIVE FEATURES. Limitation of Liability AS A CONDITION THE IDAs DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USING USE OF THE WEBSITE WEBSITES, CONTENT AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OR VISITATION OF THE WEBSITES AND ITS CONTENTANY LINKED, INDEPENDENT OR THIRD-PARTY WEBSITES. YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE EXCHANGE FOR YOUR VISIT OR LIABLE TO YOU OR TO ANY THIRD PARTY USE OF THE WEBSITES, YOUR SOLE REMEDY AGAINST THE IDAs FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION DISSATISFACTION WITH THE WEBSITE, ANY PORTION OF IT WEBSITES OR ANY WEBSITE LINKED HERETO, CONTENT IS TO STOP USING THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, WEBSITES OR ANY OTHER THEORY OF LIABILITYSUCH CONTENT. The above disclaimer applies to any and all damages, WHETHER IN AN ACTION IN CONTRACTliability, TORT injuries or loss caused by any actions or omissions of the Websites, the Content, or the IDAs, including but not limited to failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, statute, negligence, or any other cause of action or claim, either at law or in equity. The IDAs reserve the right to do any of the following, in their sole and absolute discretion, at any time, without notice, for any reason and any duration of time: (INCLUDING NEGLIGENCE)1) modify, WARRANTYsuspend or terminate operation of or access to the Websites, STRICT LIABILITY OR OTHERWISEor any portion of the Websites; (2) discontinue, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGESmodify or change the Websites, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OURor any portion of the Websites, OUR LICENSORS’and any applicable policies or terms; and (3) interrupt the operation of the Websites, SUPPLIER’S, VENDORS’, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUor any portion of the Websites.

Disclaimers. ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THE WEBSITE AND THE CONTENTS THEREOF ARE SERVICE IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, BY DESCRIPTIONAND ALL WARRANTIES, BY SAMPLE EXPRESS OR OTHERWISEIMPLIED, AND IN PARTICULAR AND INCLUDING, WITHOUT LIMITATION, MAKE NO IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, NONCOURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR UP-INFRINGEMENT TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. RESONEA DOES NOT PROVIDE MEDICAL ADVICE AND YOUR USE OF THIRDTHE SERVICE OR YOUR PURCHASE OF ANY PRODUCTS OR SERVICES THROUGH THE SERVICE DOES NOT CREATE A PHYSICIAN- PATIENT RELATIONSHIP BETWEEN US. THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICE, OR YOUR USE OF THE SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-PARTY RIGHTS FREE, SECURE, OR FREEDOM THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICE, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE OF VIRUSES OR OTHER HARMFUL CODECOMPONENTS. WE DO NOT WARRANT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE ACCURACYUSE OF, ADEQUACY OR COMPLETENESS THE RESULTS OF THE MATERIALS CONTAINED ON THE WEBSITE OR WARRANT THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability AS A CONDITION OF YOUR USING THE WEBSITE AND ITS CONTENT, YOU AGREE THAT IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND, ARISING IN CONNECTION WITH THE WEBSITE, ANY PORTION OF IT OR ANY WEBSITE LINKED HERETOUSE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE THEREOF OR OF THE INABILITY TO USE IT BY ANY PERSON, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED FOF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR, OUR LICENSORS’, SUPPLIER’S, VENDORS’SERVICE, AND PARTNERS’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE BY YOUYOUR RELIANCE THEREON.