Common use of EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY Clause in Contracts

EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, PROVIDER ANDONSTAR AND THEIR RESPECTIVE AFFILIATES AND THE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS THEREOF (“PROVIDER PARTIES”) SHALL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THIS LICENSE, THE PRODUCT, OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS, OR SAVINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCT. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF PROVIDER, ONSTAR OR ANY PROVIDER PARTY KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT, OR BREACH OF CONTRACT. TO THE EXTENT THAT ANY COURT FINDS PROVIDER, ONSTAR, OR ANY PROVIDER PARTY LIABLE FOR ANY CLAIM IN CONNECTION WITH THIS LICENSE, THE PRODUCT OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES, AND TO THE EXTENT ALLOWED BY LAW, YOU AGREE THAT PROVIDER,ONSTAR, AND THE PROVIDER PARTIES SHALL COLLECTIVELY ONLY BE LIABLE FOR DIRECT DAMAGES AND THE MAXIMUM DAMAGES FOR ALL SUCH CLAIMS IN THE AGGREGATE SHALL BE NO GREATER THAN $100.00. FURTHER, THIRD PARTY PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OFONSTAR. TO THE EXTENT PERMITTED BY LAW, ONSTAR DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD PARTY PROVIDER. TO THE EXTENT PERMITTED BY APPLICABLE LAW,ONSTAR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER'S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ACCURACY, NOR SHALLONSTAR BE RESPONSIBLE FOR ANY OTHER BREACH OR WRONGDOING OF A THIRD PARTY PROVIDER (INCLUDING ANY LIABILITY IN TORT), AS TO ANY PRODUCTS AND/OR SERVICES OR INFORMATION AVAILABLE THROUGH THE APPLICATION SERVICES.ONSTAR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH THIS AGREEMENT NOR FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL LAW.

EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, PROVIDER ANDONSTAR AND GM AND THEIR RESPECTIVE AFFILIATES AND THE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS THEREOF (“PROVIDER PARTIES”) SHALL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THIS LICENSE, THE PRODUCT, OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS, OR SAVINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCT. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF PROVIDER, ONSTAR GM OR ANY PROVIDER PARTY KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT, OR BREACH OF CONTRACT. TO THE EXTENT THAT ANY COURT FINDS PROVIDER, ONSTARGM, OR ANY PROVIDER PARTY LIABLE FOR ANY CLAIM IN CONNECTION WITH THIS LICENSE, THE PRODUCT OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES, AND TO THE EXTENT ALLOWED BY LAW, YOU AGREE THAT PROVIDER,ONSTAR, GM, AND THE PROVIDER PARTIES SHALL COLLECTIVELY ONLY BE LIABLE FOR DIRECT DAMAGES AND THE MAXIMUM DAMAGES FOR ALL SUCH CLAIMS IN THE AGGREGATE SHALL BE NO GREATER THAN $100.00. FURTHER, THIRD PARTY PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OFONSTAROF GM. TO THE EXTENT PERMITTED BY LAW, ONSTAR GM DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD PARTY PROVIDER. TO THE EXTENT PERMITTED BY APPLICABLE LAW,ONSTAR , GM SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER'S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ACCURACY, NOR SHALLONSTAR SHALL GM BE RESPONSIBLE FOR ANY OTHER BREACH OR WRONGDOING OF A THIRD PARTY PROVIDER (INCLUDING ANY LIABILITY IN TORT), AS TO ANY PRODUCTS AND/OR SERVICES OR INFORMATION AVAILABLE THROUGH THE APPLICATION SERVICES.ONSTAR SERVICES. GM SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH THIS AGREEMENT NOR FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL LAW.

EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, PROVIDER ANDONSTAR AND THEIR RESPECTIVE AFFILIATES AND THE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS THEREOF (“"PROVIDER PARTIES”") SHALL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THIS LICENSE, THE PRODUCT, OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS, OR SAVINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCT. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF PROVIDER, ONSTAR OR ANY PROVIDER PARTY KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT, OR BREACH OF CONTRACT. TO THE EXTENT THAT ANY COURT FINDS PROVIDER, ONSTAR, OR ANY PROVIDER PARTY LIABLE FOR ANY CLAIM IN CONNECTION WITH THIS LICENSE, THE PRODUCT OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES, AND TO THE EXTENT ALLOWED BY LAW, YOU AGREE THAT PROVIDER,ONSTAR, AND THE PROVIDER PARTIES SHALL COLLECTIVELY ONLY BE LIABLE FOR DIRECT DAMAGES AND THE MAXIMUM DAMAGES FOR ALL SUCH CLAIMS IN THE AGGREGATE SHALL BE NO GREATER THAN $100.00. FURTHER, THIRD PARTY PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OFONSTAR. TO THE EXTENT PERMITTED BY LAW, ONSTAR DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD PARTY PROVIDER. TO THE EXTENT PERMITTED BY APPLICABLE LAW,ONSTAR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER'S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ACCURACY, NOR SHALLONSTAR BE RESPONSIBLE FOR ANY OTHER BREACH OR WRONGDOING OF A THIRD PARTY PROVIDER (INCLUDING ANY LIABILITY IN TORT), AS TO ANY PRODUCTS AND/OR SERVICES OR INFORMATION AVAILABLE THROUGH THE APPLICATION SERVICES.ONSTAR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER’S 'S FAILURE TO COMPLY WITH THIS AGREEMENT NOR FOR ANY THIRD PARTY PROVIDER’S 'S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL LAW.

EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW(INCLUDING ANY APPLICABLE CONSUMER PROTECTION LAW OF A FOREIGN JURISDICTION), PROVIDER ANDONSTAR AND NEITHER NATA NOR WORLD FUEL NOR ANY OF THEIR RESPECTIVE AFFILIATES AND THE EMPLOYEESRESPECTIVEITS DIRECTORS, OFFICERS, DIRECTORSEMPLOYEES, AND AGENTS THEREOF CONTRACTORS, CONTROLLED OR CONTROLLING ENTITIES, LICENSORS OR LICENSORS' DISTRIBUTORS (“PROVIDER PARTIES”) SHALL NOT BE LIABLE IN EACH, A "RELEASED PARTY"), WILL HAVE ANY WAY IN CONNECTION WITH THIS LICENSE, THE PRODUCT, LIABILITY TO YOU OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES END USERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOST PROFITS, BUSINESS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC ADVANTAGE, OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS, OR SAVINGS PRIVACY) ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE APPLICATION OR THIS AGREEMENT OR THE PRODUCT. THESE LIMITS AND EXCLUSIONS APPLY AGREEMENT, EVEN IF PROVIDERNATA, ONSTAR WORLD FUEL OR ANY PROVIDER A RELEASED PARTY HAS BEEN ADVISED OF, OR KNEW OR SHOULD HAVE KNOWN ABOUT OF, THE POSSIBILITY OF THE SUCH DAMAGES AND WHETHER ARISING OR NOT SUCH LOSSES OR DAMAGES ARE BASED ON NEGLIGENCEIN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR BREACH OTHERWISE. (b) WITHOUT LIMITING THE SCOPE OR EFFECT OF CONTRACT. SECTION 7(a) ABOVE, IN NO EVENT WILL NATA'S, WORLD FUEL’S AND THE RELEASED PARTIES' TOTAL LIABILITY FOR TORT, CONTRACT OR OTHER DAMAGES WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO THE EXTENT THAT SOFTWARE APPLICATION OR THIS AGREEMENT (INCLUDING CLAIMS OF NEGLIGENCE AND STRICT LIABILITY) EXCEED THE LICENSE FEE PAID BY YOU, IF ANY, FOR THE SOFTWARE APPLICATION DURING THE ONE YEAR PERIOD PRECEDING THE CLAIM. (c) BECAUSE YOU ARE PERFORMING THE ENTRY OF DATA INTO SOFTWARE APPLICATION, THE QUALITY OF SUCH RECORDS IS SOLELY YOUR RESPONSIBILITY. NATA AND WORLD FUEL STRONGLY ENCOURAGES YOU TO BACKUP SUCH DATA AND REGULARLY MAKE PRINTED COPIES OF THE DATA ENTERED INTO THE SOFTWARE APPLICATION FOR YOUR RECORDS AND TO KEEP THEM IN A SAFE PLACE. NATA AND WORLD FUEL ASSUME NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY COURT FINDS PROVIDER, ONSTAR, TEMPORARY OR ANY PROVIDER PARTY PERMANENT LACK OF AVAILABILITY OF THE SOFTWARE APPLICATION OR OF THE ABILITY TO RETRIEVE DATA. (d) NATA AND WORLD FUEL SHALL NOT BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY THIRD PARTY EXCEPT FOR THE DEFENSE OBLIGATION SET FORTH IN CONNECTION WITH THIS SECTION 8 BELOW. (e) NO ACTION ARISING OUT OF THE LICENSE, ANY CLAIMED BREACH OF THIS AGREEMENT OR TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY TO THIS AGREEMENT MORE THAN TWO (2) YEARS AFTER THE PRODUCT EVENT WHICH FORMS THE BASIS OF THE CAUSE OF ACTION OCCURRED. (f) SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY SERVICES PART OF THE EXCLUSIONS OF DAMAGES OR INFORMATION LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT IS UNENFORCEABLE UNDER APPLICABLE LAW, NATA'S, WORLD FUEL’S AND THE PRODUCT ACCESSES OR PROVIDES, AND RELEASED PARTIES' AGGREGATE LIABILITY WILL BE LIMITED TO THE EXTENT ALLOWED BY LAW, YOU AGREE THAT PROVIDER,ONSTAR, AND THE PROVIDER PARTIES SHALL COLLECTIVELY ONLY BE LIABLE FOR DIRECT DAMAGES AND THE MAXIMUM DAMAGES FOR ALL SUCH CLAIMS IN THE AGGREGATE SHALL BE NO GREATER THAN $100.00. FURTHER, THIRD PARTY PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OFONSTAR. TO THE EXTENT PERMITTED BY LAW, ONSTAR DOES NOT ASSUME LIABILITY FOR EVEN IF ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD PARTY PROVIDER. TO THE EXTENT PERMITTED BY APPLICABLE LAW,ONSTAR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER'S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR REMEDY FAILS ITS ESSENTIAL PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ACCURACY, NOR SHALLONSTAR BE RESPONSIBLE FOR ANY OTHER BREACH OR WRONGDOING OF A THIRD PARTY PROVIDER (INCLUDING ANY LIABILITY IN TORT), AS TO ANY PRODUCTS AND/OR SERVICES OR INFORMATION AVAILABLE THROUGH THE APPLICATION SERVICES.ONSTAR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH THIS AGREEMENT NOR FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL LAW.

EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW(INCLUDING ANY APPLICABLE CONSUMER PROTECTION LAW OF A FOREIGN JURISDICTION), PROVIDER ANDONSTAR AND THEIR RESPECTIVE AFFILIATES AND THE EMPLOYEESNEITHER BLUEFORCE NOR ANY OF ITS DIRECTORS, OFFICERS, DIRECTORSEMPLOYEES, AND AGENTS THEREOF CONTROLLED OR CONTROLLING ENTITIES, LICENSORS OR LICENSORS' DISTRIBUTORS (“PROVIDER PARTIES”) SHALL NOT BE LIABLE IN EACH, A "RELEASED PARTY"), WILL HAVE ANY WAY IN CONNECTION WITH THIS LICENSE, THE PRODUCT, LIABILITY TO YOU OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES END USERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOST PROFITS, BUSINESS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC ADVANTAGE, OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS, OR SAVINGS PRIVACY) ARISING OUT OF OR RELATED TO THIS AGREEMENT XXXX, THE LICENSED SOFTWARE OR THE PRODUCT. THESE LIMITS AND EXCLUSIONS APPLY SERVICES, EVEN IF PROVIDERBLUEFORCE OR A RELEASED PARTY HAS BEEN ADVISED OF, ONSTAR OR ANY PROVIDER PARTY KNEW OR SHOULD HAVE KNOWN ABOUT OF, THE POSSIBILITY OF SUCH DAMAGES. (b) IN ADDITION TO THE DISCLAIMERS IN PARAGRAPH 11(a) ABOVE AND NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY SET FORTH IN THIS XXXX, IF YOUR CLAIMED DAMAGES AND WHETHER ARISE FROM OR RELATE TO LICENSED SOFTWARE OR SERVICES COVERED BY SECTION 4, 5 OR 6 OF THIS XXXX, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING ANY APPLICABLE CONSUMER PROTECTION LAW OF A FOREIGN JURISDICTION), NEITHER BLUEFORCE NOR ANY RELEASED PARTY WILL HAVE ANY LIABILITY TO YOU OR ANY END USERS FOR DAMAGES OF ANY KIND ARISING BASED ON NEGLIGENCEOUT OF OR RELATED TO THIS XXXX, TORTTHE LICENSED SOFTWARE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT DAMAGES, EVEN IF BLUEFORCE OR A RELEASED PARTY HAS BEEN ADVISED OF, OR BREACH KNEW OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF CONTRACTSUCH DAMAGES. (c) WITHOUT LIMITING THE SCOPE OR EFFECT OF SECTIONS 11(a) OR (b) ABOVE, IN NO EVENT WILL BLUEFORCE' AND THE RELEASED PARTIES' TOTAL LIABILITY WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO THIS XXXX, THE LICENSED SOFTWARE OR THE SERVICES (INCLUDING CLAIMS OF NEGLIGENCE AND STRICT LIABILITY) EXCEED THE LOWER OF (i) THE AGGREGATE DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND YOUR END USERS, OR (ii) US$5OO. (d) SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS XXXX IS UNENFORCEABLE UNDER APPLICABLE LAW, BLUEFORCE' AND THE RELEASED PARTIES' AGGREGATE LIABILITY WILL BE LIMITED TO THE EXTENT THAT ANY COURT FINDS PROVIDER, ONSTAR, OR ANY PROVIDER PARTY LIABLE FOR ANY CLAIM IN CONNECTION WITH THIS LICENSE, THE PRODUCT OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES, AND TO THE EXTENT ALLOWED BY LAW, YOU AGREE THAT PROVIDER,ONSTAR, AND THE PROVIDER PARTIES SHALL COLLECTIVELY ONLY BE LIABLE FOR DIRECT DAMAGES AND THE MAXIMUM DAMAGES FOR ALL SUCH CLAIMS IN THE AGGREGATE SHALL BE NO GREATER THAN $100.00. FURTHER, THIRD PARTY PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OFONSTAR. TO THE EXTENT PERMITTED BY LAW, ONSTAR DOES NOT ASSUME LIABILITY FOR EVEN IF ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD PARTY PROVIDER. TO THE EXTENT PERMITTED BY APPLICABLE LAW,ONSTAR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER'S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR REMEDY FAILS ITS ESSENTIAL PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ACCURACY, NOR SHALLONSTAR BE RESPONSIBLE FOR ANY OTHER BREACH OR WRONGDOING OF A THIRD PARTY PROVIDER (INCLUDING ANY LIABILITY IN TORT), AS TO ANY PRODUCTS AND/OR SERVICES OR INFORMATION AVAILABLE THROUGH THE APPLICATION SERVICES.ONSTAR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH THIS AGREEMENT NOR FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL LAW.

EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAWMOM’S MEALS, PROVIDER ANDONSTAR ITS AFFILIATES, AND THEIR RESPECTIVE AFFILIATES AND THE EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, MEMBERS, AGENTS, AND AGENTS THEREOF (“PROVIDER PARTIES”) ITS OTHER REPRESENTATIVES SHALL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THIS LICENSE, THE PRODUCT, TO YOU OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL EXEMPLARY DAMAGES IN ANY WAY RELATING TO OR AMOUNTS FOR ARISING OUT OF THESE TERMS, THE WEBSITE, THE CONTENT, OR THE ORDER, RECEIPT, OR USE OF ANY OF THE INTERACTIVE SERVICES OR PRODUCTS OR INFORMATION. DAMAGES THAT YOU CANNOT RECOVER INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES RELATING TO PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE OF DATA, LOSS OF DATA, ANTICIPATED SAVINGS, DIMINIMUITION IN VALUE OF ASSETS OR SAVINGS SECURITIES, LOSS OF GOODWILL, THE FAILURE TO REALIZE ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE MOM’S MEALS OFFERINGS, OR DAMAGES FOR BUSINESS INTERRUPTION. MOM’S MEALS AND MOM’S MEALS’ REPRESENTATIVES TOTAL LIABILITY, TOGETHER, IN ANY WAY RELATING OR ARISING OUT OF YOUR ORDER, USE, OR RELATED TO RECEIPT OF ANY PRODUCTS SHALL NOT EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS. IN THE EVENT OF ANY PROBLEM WITH THIS AGREEMENT OR THE PRODUCT. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF PROVIDER, ONSTAR WEBSITE OR ANY PROVIDER PARTY KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT, OR BREACH OF CONTRACT. TO THE EXTENT THAT ANY COURT FINDS PROVIDER, ONSTAR, OR ANY PROVIDER PARTY LIABLE FOR ANY CLAIM IN CONNECTION WITH THIS LICENSE, THE PRODUCT OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES, AND TO THE EXTENT ALLOWED BY LAWCONTENT, YOU AGREE THAT PROVIDER,ONSTARYOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. THE LIMITATIONS AND EXCLUSIONS SHALL APPLY, AND THE PROVIDER PARTIES SHALL COLLECTIVELY ONLY BE LIABLE FOR DIRECT DAMAGES AND THE MAXIMUM DAMAGES FOR ALL SUCH CLAIMS IN THE AGGREGATE SHALL BE NO GREATER THAN $100.00. FURTHER, THIRD PARTY PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OFONSTAR. WITHOUT REGARD TO THE EXTENT PERMITTED BY LAWFORM OF ACTION OR THEORY, ONSTAR DOES NOT ASSUME WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD PARTY PROVIDER. TO THE EXTENT PERMITTED BY APPLICABLE LAW,ONSTAR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER'S BREACH NEGLIGENCE OF ANY WARRANTY KIND (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSEACTIVE, MERCHANTABILITYPASSIVE, NON-INFRINGEMENTSIMPLE, IMPUTED, OR ACCURACYOTHERWISE), NOR SHALLONSTAR BE RESPONSIBLE FOR ANY OTHER BREACH LEGAL OR WRONGDOING EQUITABLE CLAIM OR THEORY THE LIMITATIONS AND EXCLUSIONS OF A THIRD PARTY PROVIDER (INCLUDING ANY LIABILITY IN TORT)DAMAGES SHALL APPLY IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. YOU AGREE THAT THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOURSELF, AS TO ANY PRODUCTS AND/OR SERVICES OR INFORMATION AVAILABLE THROUGH THE APPLICATION SERVICES.ONSTAR SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH THIS AGREEMENT NOR FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE FEDERALYOUR SUCCESSORS, STATEHEIRS, PROVINCIALASSIGNS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, LEGAL REPRSENTATIVES, AND LOCAL LAWANYONE ELSE WHO MAY CLAIM THROUGH YOU (COLLECTIVELY, “YOUR REPRESENTATIVES”). FOR YOU AND YOUR REPRESENTATIVES, YOU XXXXXX XXXXX, ACQUIT, RELEASE, AND FOREVER DISCHARGE MOM’S MEALS AND MOM’S MEALS’ REPRESENTATIVES FROM AND AGAINST ANY CLAIMS RELATED TO THE USE OF THIS WEBSITE AND COVENANT NOT TO SUE SUCH PERSONS. CALIFORNIA RESIDENTS HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS AND EXCLUSION OF DAMAGES WILL NOT APPLY TO THE LIMITED EXTENT TO WHICH APPLICABLE LAW PREVENTS SUCH LIMITATIONS AND EXCLUSIONS FROM APPLYING TO THE CIRCUMSTANCE, SUCH AS IN CASES OF FRAUD OR MALICIOUS CONDUCT TOWARDS YOU.