Common use of Exclusions to Liability Clause in Contracts

Exclusions to Liability. 19.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability, caused or contributed to by, arising from or connected with: (a) loss of, or damage to, any property or any injury to or loss to any person; (b) the Computing Environment; (c) your or your Personnel’s acts or omissions; (d) any use or application of the Services by a person or entity other than you, or other than as reasonably contemplated by this Agreement; (e) any work, services, goods, materials or items which do not form part of the Services (as expressed in this Agreement), or which have not been provided by us; (f) any Third Party Inputs; (g) the Services being unavailable, or any delay in us providing the Services to you, for whatever reason; and/or (h) any event outside of our reasonable control. 19.2 You acknowledge and agree that: (a) you are responsible for all users using the Services, including your Personnel and your Authorised Users; (b) you use the Services and any associated programs and files at your own risk; (c) the technical processing and transmission of the Services, including Customer Data, may be transferred unencrypted and involves: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices; (d) we may use third party service providers to integrate with the Services or to host the SaaS Services. If the providers of third party applications or services cease to make their services or programs available on reasonable terms, we may cease providing any affected features without Liability or entitling you to any refund, credit, or other compensation; (e) the Services may use third party products, facilities or services. We do not make any warranty or representation in respect of the third party products, facilities or services; (f) we do not guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used; (g) we are not responsible for the integrity or existence of any data on the Computing Environment, network or any device controlled by you, your Authorised Users or your Personnel; and (h) we may pursue any available equitable or other remedy against you if you breach any provision of this Agreement. 19.3 This clause 19 will survive the termination or expiry of this Agreement.

Exclusions to Liability. 19.1 Despite anything to the contrary, to the maximum extent permitted by law we make no warranty or assurance in relation to the quality of a Lead or Converted Lead (or any potential profit or business opportunity generated from any Lead or Converted Lead), and make no other warranties, representations or guarantees in relation to the Sales Support Services provided under this Agreement, whether express or implied. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability, Liability caused or contributed to by, arising from or connected with: (aj) loss ofany acts or omissions of you, your Personnel, a Lead or damage to, any property or any injury to or loss to any persona Converted Lead; (bk) the Computing Environmentany transactional activities undertaken between you and any Converted Lead, or other written or verbal agreement or interaction between you and a Lead or Converted Lead; (c) your or your Personnel’s acts or omissions; (dl) any use or application of the Services by a person or entity other than you, or other than as reasonably contemplated by this Agreement; (em) any workworks, services, goods, materials or items which do not form part of the Services (as expressed in this Agreement), or which have not been provided by us; (fn) any Third Party InputsInputs or Third Party Services; (go) the Services being unavailable, or any delay in us providing the Services to you, for whatever reason; and/or (hp) any event outside of our reasonable control. 19.2 . You acknowledge and agree that: (a) you are responsible cannot pause the Services unless in our sole discretion we agree in writing to pause the Services for all users using the Services, including your Personnel and your Authorised Usersa specified period of time; (b) you use if under the Services, we provide Advertisements or search engine optimisation services: the results of our Services may be impacted by different factors, including, but not limited to, your website history, your industry, the content on your website and your content management system, and we do not guarantee any associated programs results; and files at your own riskif such Services are suspended for any reason, we do not guarantee the same or similar website rankings; (c) the technical processing and transmission of if under the Services, including Customer Datawe provide services relating to Google AdWords, may we do not guarantee: a particular, or consistent, position or ranking of your advertising across any medium; that your submissions will be transferred unencrypted and involves: (i) transmissions over various networksaccepted; and (ii) changes that we will be able to conform and adapt purchase selected keywords or distribute your ads on any site requested by you; the position of your ads on any site; the cost per click; and/or that any unused campaign spend will rollover to technical requirements of connecting networks or devices;the next monthly period. (d) we may use third party service providers to integrate with the Services or to host the SaaS Services. If the providers of third party applications or services cease to make their services or programs available on reasonable terms, we may cease providing any affected features without Liability or entitling you to any refund, credit, or other compensation; (e) the Services may use third party products, facilities or services. We do not make any warranty or representation in respect of the third party products, facilities or services; (f) we do not guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used; (g) we are not responsible for removing reviews on your business listing on any medium; (e) we only manage the integrity Services during our standard business hours, and we have no obligation to respond to comments or existence of any data on the Computing Environment, network or any device controlled by you, your Authorised Users or your Personnelposts outside these hours; and (hf) we may pursue any available equitable failure to provide content, items or other remedy against you if you breach any information within the timeframe agreed between the Parties may lead to our delay in the provision of this Agreement. 19.3 the Services. This clause 19 15 will survive the termination or expiry of this Agreement.

Exclusions to Liability. 19.1 Despite anything to the contrary17.1 Other than provided for in this Agreement, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability, caused or contributed to by, arising from or connected with: (a) loss of, or damage to, any property or any injury to or loss to any person; (b) the Computing Environment; (c) your or your Personnel’s acts or omissions; (d) any use or application of the Services by a person or entity other than you, or other than as reasonably contemplated by this Agreement; (e) any work, services, goods, materials or items which do not form part of the Services (as expressed in this Agreement), or which have not been provided by us; (f) any Third Party Inputs; (g) the Services being unavailable, or any delay in us providing the Services to you, for whatever reason; and/or (h) any event outside of our reasonable control. 19.2 17.2 You acknowledge and agree that: (a) any Services we provide to you are based on previously collected data, meteorological models and third party data and rely on this data; (b) all natural events are by their nature, unpredictable and can be forecasted but we cannot guarantee the accuracy of any flood modelling information, flooding predictions or flood data provided to you via the Services; (c) you are responsible for all users using the Services, including your Personnel and your any Authorised Users; (bd) you use the Services and any associated programs and files at your own risk; (ce) you are only given access to the Services and the information and data in the Services or delivered via the Services, solely for the purpose identified by the Services; (f) the technical processing and transmission of the Services, including Customer Data, may be transferred unencrypted and involves: (i1) transmissions over various networks; and (ii2) changes to conform and adapt to technical requirements of connecting networks or devices; (dg) we may use third party service providers to integrate with the Services or to host the SaaS Services. If the providers of third party applications or services cease to make their services or programs available on reasonable terms, we may cease providing any affected features without Liability or entitling you to any refund, credit, or other compensation; (eh) the Services may use third party data, information, products, facilities or services. We do not make any warranty or representation in respect of the third party data, information, products, facilities or services; (fi) we do not guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used; (gj) we are not responsible for the integrity or existence of any data on the Computing Environment, network or any device controlled by you, your Authorised Users or your Personnel; and (hk) we may pursue any available equitable or other remedy against you if you breach any provision of this Agreement. 19.3 17.3 Upon expiry or termination of this Agreement: (a) we will immediately cease providing the Services; (b) we will be entitled to permanently delete all Customer Data within 1 month from expiry or termination of this Agreement; (c) we may (at our sole discretion) provide further disengagement services, at our then current rates, and such further disengagement support services must be agreed in writing by the Parties; (d) you agree that any payments made are not refundable; (e) you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under this Agreement; (f) pursuant to clauses Error! Reference source not found.Error! Reference source not found.Error! Reference source not found., Error! Reference source not found. or Error! Reference source not found., you also agree to pay us additional costs arising from, or in connection with, such termination; and (g) immediately return (where possible) or delete or destroy (where not possible to return), any of our property (including any of our Confidential Information and Intellectual Property), unless prohibited by law. 17.4 Termination of this Agreement will not affect any rights or liabilities that a Party has accrued under it. 17.5 This clause 19 17 will survive the termination or expiry of this Agreement.

Exclusions to Liability. 19.1 18.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability, caused or contributed to by, arising from or connected with: (a) loss of, or damage to, any property or any injury to or loss to any person; (b) the Computing Environment; (c) your or your Personnel’s acts or omissions; (d) any use or application of the Services by a person or entity other than you, or other than as reasonably contemplated by this Agreement; (e) any work, services, goods, materials or items which do not form part of the Services (as expressed in this Agreement), or which have not been provided by us; (f) any Third Party InputsInputs or Third Parties; (g) the Services being unavailable, or any delay in us providing the Services to you, for whatever reason; and/or (h) any event outside of our reasonable control. 19.2 18.2 You acknowledge and agree that: (a) you are responsible for all users using the Services, including your Personnel and your Authorised Users; (b) you use the Services and any associated programs and files at your own risk; (c) the technical processing and transmission of the Services, including Customer Data, may be transferred unencrypted and involves: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices; (d) we may use third party service providers to integrate with the Services or to host the SaaS Services. If the providers of third party applications or services cease to make their services or programs available on reasonable terms, we may cease providing any affected features without Liability or entitling you to any refund, credit, or other compensation; (eb) the Services may use third party products, facilities or services. We do not make any warranty or representation in respect of the third party products, facilities or services; (fc) we do not guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used; (gd) we are not responsible for the integrity or existence of any data on the Computing Environment, network or any device controlled by you, your Authorised Users or your Personnel; and (he) we may pursue any available equitable or other remedy against you if you breach any provision of this Agreement. 19.3 18.3 This clause 19 18 will survive the termination or expiry of this Agreement.

Exclusions to Liability. 19.1 17.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability, Liability caused or contributed to by, arising from or connected with: (a) loss of, or damage to, any property your or any injury to or loss to any person; (b) the Computing Environment; (c) your or of your Personnel’s acts or omissions; (b) any breach of these Terms by you or any of your Personnel; (c) any loss or damage to the Goods other than loss or damage to the Goods directly caused or contributed to by our or our Personnel’s negligence in the performance of the Storage Services; (d) any use loss or application of damage to any property or the Services Goods caused or contributed to by you or your Personnel (including but not limited to a person or entity other than youfailure by you to properly pack the Goods), or other than as reasonably contemplated by this Agreementany third party (including but not limited to any motor vehicle accident); (e) any workGoods packed, unpacked or moved by any person other than us or our Personnel (including you or your Personnel); (f) any loss or damage to any perishable or brittle Goods, or any loss or damage as a result of any latent or patent defects in any Goods; (g) the Goods (or any part thereof) after you have picked them up from our Storage Location and/or after you have signed a Storage Out Form for the relevant Goods (or any part thereof); (h) any works, services, goods, materials or items which do not form part of the Storage Services (as expressed in this Agreementthese Terms), or which have not been provided by us; (fi) any Third Party Inputs; (gj) the Storage Services being unavailable, or any delay in us providing the Storage Services to you, for whatever reason; (k) any decisions or steps taken by us pursuant to clause 12; and/or (hl) any event outside of our reasonable control. 19.2 You acknowledge and agree that: (a) you are responsible for all users using the Services, including your Personnel and your Authorised Users; (b) you use the Services and any associated programs and files at your own risk; (c) the technical processing and transmission of the Services, including Customer Data, may be transferred unencrypted and involves: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices; (d) we may use third party service providers to integrate with the Services or to host the SaaS Services. If the providers of third party applications or services cease to make their services or programs available on reasonable terms, we may cease providing any affected features without Liability or entitling you to any refund, credit, or other compensation; (e) the Services may use third party products, facilities or services. We do not make any warranty or representation in respect of the third party products, facilities or services; (f) we do not guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used; (g) we are not responsible for the integrity or existence of any data on the Computing Environment, network or any device controlled by you, your Authorised Users or your Personnel; and (h) we may pursue any available equitable or other remedy against you if you breach any provision of this Agreement. 19.3 17.2 This clause 19 17 will survive the termination or expiry of this Agreementthese Terms.

Exclusions to Liability. 19.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability, Liability caused or contributed to by, arising from or connected with: (a) loss of, or damage to, any property or any injury to or loss to any person; (b) the Computing Environment; (c) your or your Personnel’s acts or omissions; (db) any use or application of the Services by a person or entity other than you, or other than as reasonably contemplated by this Agreement; (ec) any workworks, services, goods, materials or items which do not form part of the Services (as expressed in this Agreement), or which have not been provided by us; (fd) any Third Party Inputs; (ge) the Services being unavailable, or any delay in us providing the Services to you, for whatever reason; and/or (hf) any event outside of our reasonable control. 19.2 . You acknowledge and agree that: (a) you we are not responsible for all users using the Servicesback links or toxic links, including your Personnel and your Authorised Usersincluding, but not limited to, URLs dropped or excluded for any reason or any incorrect email addresses; (b) you use if under the Services, we provide search engine optimisation services: the results of our Services may be impacted by different factors, including, but not limited to, your website history, your industry, the content on your website and your content management system, and we do not guarantee any associated programs results; and files at your own riskif such Services are suspended for any reason, we do not guarantee the same or similar website rankings; (c) the technical processing and transmission of if under the Services, including Customer Datawe provide services relating to Google AdWords, may we do not guarantee: a particular, or consistent, position or ranking of your advertising across any medium; that your submissions will be transferred unencrypted and involves: (i) transmissions over various networksaccepted; and (ii) changes that we will be able to conform and adapt purchase selected keywords or distribute your ads on any site requested by you; the position of your ads on any site; the cost per click; and/or that any unused campaign spend will rollover to technical requirements of connecting networks or devices;the next monthly period. (d) we may use third party service providers to integrate with the Services or to host the SaaS Services. If the providers of third party applications or services cease to make their services or programs available on reasonable terms, we may cease providing any affected features without Liability or entitling you to any refund, credit, or other compensation; (e) the Services may use third party products, facilities or services. We do not make any warranty or representation in respect of the third party products, facilities or services; (f) we do not guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used; (g) we are not responsible for removing reviews on your business listing on any medium; (e) we only manage the integrity Services during our standard business hours, and we have no obligation to respond to comments or existence posts outside these hours; (f) failure to provide content, items or other information within the timeframe agreed between the Parties may lead to our delay in the provision of any data on the Computing Environment, network or any device controlled by you, your Authorised Users or your PersonnelServices; and (hg) we may pursue any available equitable or other remedy against you if you breach any provision of this Agreement. 19.3 are responsible for backing up your website. This clause 19 17 will survive the termination or expiry of this Agreement.