Common use of Exclusive Remedy and Limitation of Liability Clause in Contracts

Exclusive Remedy and Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF SUCH AN ENTITY, WILL FANSHIP, OR ANY THIRD PARTY INVOLVED IN HOSTING, OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES (INCLUDING THE SUBSCRIPTION SERVICES) (COLLECTIVELY, THE "FANSHIP PARTIES") BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY FANSHIP CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FANSHIP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE, EMBEDDING, OR DOWNLOADING OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FANSHIP PARTIES' LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. SUBJECT TO APPLICABLE LAW ANY CLAIM AGAINST FANSHIP SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES. YOU AGREE TO GIVE FANSHIP WRITTEN NOTICE OF ANY CLAIM BY YOU AGAINST FANSHIP WITHIN ONE (1) YEAR OF THE EVENTS OR FACTS GIVING RISE TO THE CLAIM.

Exclusive Remedy and Limitation of Liability. YOU AGREE THAT, UNDER NO CIRCUMSTANCESLEGAL THEORY, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF SUCH AN ENTITYWARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL FANSHIPCOMMUNITY CONNECTION OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY INVOLVED IN HOSTING, OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES (INCLUDING THE SUBSCRIPTION SERVICES) (COLLECTIVELY, THE "FANSHIP PARTIES") BE LIABLE ACTING ON YOUR BEHALF FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECTANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, SPECIALPUNITIVE, OR PUNITIVE EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT DAMAGES FOR LOSS OF THE TERMS OR YOUR ACCESSPROFITS, GOODWILL, USE, MISUSEDATA, OR INABILITY TO USE OTHER INTANGIBLE LOSSES OR THE SERVICESCOST OF ANY SUBSTITUTE EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY FANSHIP CONTENT FACILITIES OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SERVICES (EVEN IF FANSHIP PARTIES HAVE COMMUNITY CONNECTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE SITE, SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE, EMBEDDING, OR DOWNLOADING OF OUR PAID SERVICES OR FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR DOWNLOADING THIS AGREEMENT. COMMUNITY CONNECTION’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO THE LESSER OF: (A) $100; AND (B) THE TOTAL AMOUNTS YOU PAID TO COMMUNITY CONNECTION IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE. TO THE EXTENT ANY CONTENT ON IT PROVINCE, STATE OR ON ANY WEBSITE LINKED TO IT. BECAUSE SOME JURISDICTIONS DO JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, FANSHIP PARTIES' COMMUNITY CONNECTION’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL PROVINCE, STATE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD-PARTY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. SUBJECT TO APPLICABLE LAW ANY CLAIM AGAINST FANSHIP SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES. YOU AGREE TO GIVE FANSHIP WRITTEN NOTICE OF ANY CLAIM KIND. THE FOREGOING LIMITATIONS WILL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN COMMUNITY CONNECTION AND RECEIVED BY YOU AGAINST FANSHIP WITHIN ONE (1) YEAR OF THROUGH OR ADVERTISED ON THE EVENTS SITE OR FACTS GIVING RISE TO THE CLAIMRECEIVED BY YOU ON ANY THIRD-PARTY SITES. Community Connection will have no liability whatsoever for any damages, liabilities, losses, or any other consequences you may incur as a result of any modification, suspension or discontinuance of the Site and/or the Services.

Exclusive Remedy and Limitation of Liability. UNDER IN NO CIRCUMSTANCESINSTANCE SHALL R&K BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE LOSS OF SUCH AN ENTITYDATA, WILL FANSHIPREVENUE OR PROFITS, OR ANY THIRD PARTY INVOLVED IN HOSTING, OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES (INCLUDING THE SUBSCRIPTION SERVICES) (COLLECTIVELY, THE "FANSHIP PARTIES") BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, OTHER INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE SPECIAL DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY FANSHIP CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICESLICENSED PROGRAMS, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT CAUSED AND BASED ON ANY THEORY OF LIABILITY, OR OTHERWISE, . THIS LIMITATION SHALL APPLY EVEN IF FANSHIP PARTIES HAVE R&K HAS BEEN ADVISED NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR . IN CONNECTION WITH NO EVENT MAY ANY FAILURE ACTION BE BROUGHT AGAINST R&K ARISING OUT OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE, EMBEDDING, OR DOWNLOADING OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FANSHIP PARTIES' LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. SUBJECT TO APPLICABLE LAW ANY CLAIM AGAINST FANSHIP SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES. YOU AGREE TO GIVE FANSHIP WRITTEN NOTICE OF ANY CLAIM BY YOU AGAINST FANSHIP WITHIN THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, DETERMINED WITHOUT REGARD TO WHEN THE CUSTOMER SHALL HAVE LEARNED OF THE EVENTS DEFECT, INJURY OR FACTS GIVING RISE LOSS. R&K SHALL NOT IN ANY EVENT BE LIABLE FOR MORE THAN THE AMOUNT PAID BY THE CUSTOMER TO R&K FOR THE CLAIMLICENSE OF THE LICENSED PROGRAMS UNDER THIS AGREEMENT OR THE AMOUNT PAID BY THE CUSTOMER FOR SUPPORT SERVICES DURING THE SUPPORT SERVICES TERM IN WHICH THE LIABILITY AROSE (WHETHER IN EACH CASE SUCH LIABILITY ARISES FROM ANY PROVISION OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO SECTION 6 HEREOF, BREACH OF WARRANTY, BREACH OF THIS AGREEMENT OR OTHERWISE, AND WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY) EXCEPT FOR R&K’S UNAUTHORIZED DISCLOSURE OF CUSTOMER’S NONPUBLIC DATA.

Exclusive Remedy and Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF SUCH AN ENTITYNEGLIGENCE, WILL FANSHIPWFIFL, LLC, THE KNIGHT HAWKS, OR ANY THIRD PARTY INVOLVED IN HOSTINGOF ITS AFFILIATES, OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES (INCLUDING THE SUBSCRIPTION SERVICES) (COLLECTIVELY, THE "FANSHIP PARTIES") BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION LIMITATION, ANY FANSHIP CONTENT OR USER KNIGHT HAWKS CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FANSHIP PARTIES WFIFL, LLC, THE KNIGHT HAWKS OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE, EMBEDDING, OR DOWNLOADING USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FANSHIP PARTIES' WFIFL, LLC’S, THE KNIGHT HAWKS’ AND ITS AFFILIATES’ LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. SUBJECT TO APPLICABLE LAW ANY CLAIM AGAINST FANSHIP SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES. YOU AGREE TO GIVE FANSHIP WRITTEN NOTICE OF ANY CLAIM BY YOU AGAINST FANSHIP WITHIN ONE (1) YEAR OF THE EVENTS OR FACTS GIVING RISE TO THE CLAIM.

Exclusive Remedy and Limitation of Liability. UNDER EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTIONS 6 AND 9, ULTRASOURCE MAKES NO CIRCUMSTANCESOTHER REPRESENTATION OR WARRANTY, INCLUDING EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION LIMITATION, THE NEGLIGENCE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO EMPLOYEE OR AGENT OF ULTRASOURCE HAS THE AUTHORITY TO GRANT ANY OTHER WARRANTY TO CUSTOMER, WRITTEN OR ORAL, UNLESS SUCH WARRANTY IS SET FORTH IN WRITING AND SIGNED BY AN ENTITY, WILL FANSHIPOFFICER OF ULTRASOURCE. THE EXPRESS WARRANTIES SET FORTH IN SECTIONS 6 AND 9 ARE GIVEN IN SATISFACTION OF ANY AND ALL OBLIGATIONS OR LIABILITIES OF ULTRASOURCE TO CUSTOMER, OR ANY THIRD PARTY INVOLVED IN HOSTINGPARTY, OPERATING, CREATING, PRODUCING, WITH RESPECT TO THE EQUIPMENT (WHETHER SUCH LIABILITIES OR DELIVERING THE SERVICES (INCLUDING THE SUBSCRIPTION SERVICES) (COLLECTIVELY, THE "FANSHIP PARTIES") BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OBLIGATIONS ARISE OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY FANSHIP CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE). WITHOUT LIMITING THE FOREGOING, ULTRASOURCE SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE OR PERSONAL INJURY TO CUSTOMER, OR ANY THIRD PARTY, WITH RESPECT TO THE EQUIPMENT. FURTHER, IN THE EVENT OF RETURN OF THE EQUIPMENT OR PARTS, ULTRASOURCE SHALL NOT BE LIABLE FOR ANY DAMAGES TO CUSTOMER'S PREMISES CAUSED BY REMOVAL OF THE EQUIPMENT NOR SHALL ULTRASOURCE BE OBLIGATED IN ANY WAY TO RESTORE THE SAME. CUSTOMER'S EXCLUSIVE REMEDY FOR ANY LOSS, DAMAGE OR INJURY RELATED TO THE EQUIPMENT SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF DEFECTIVE EQUIPMENT OR PARTS OR, IN THE CASE OF A PATENT OR COPYRIGHT INFRINGEMENT ACTION, DEFENSE OF SUCH ACTION AS PROVIDED IN SECTION 9. IN NO EVENT SHALL ULTRASOURCE'S LIABILITY TO CUSTOMER EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE EQUIPMENT. WITHOUT LIMITING THE FOREGOING, ULTRASOURCE SHALL NOT BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, EVEN IF FANSHIP PARTIES HAVE ULTRASOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ULTRASOURCE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE YIELD, QUALITY OR IN CONNECTION WITH ANY FAILURE CHARACTERISTICS OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL CUSTOMER'S PRODUCT THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE, EMBEDDING, OR DOWNLOADING OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW RESULT FROM PROCESSING BY THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FANSHIP PARTIES' LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. SUBJECT TO APPLICABLE LAW ANY CLAIM AGAINST FANSHIP SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES. YOU AGREE TO GIVE FANSHIP WRITTEN NOTICE OF ANY CLAIM BY YOU AGAINST FANSHIP WITHIN ONE (1) YEAR OF THE EVENTS OR FACTS GIVING RISE TO THE CLAIMEQUIPMENT.

Exclusive Remedy and Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF SUCH AN ENTITYNEGLIGENCE, WILL FANSHIPTHE HOCKEY ENTITIES, OR ANY THIRD PARTY INVOLVED IN HOSTINGITS AFFILIATES, OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES (INCLUDING THE SUBSCRIPTION SERVICES) (COLLECTIVELY, THE "FANSHIP PARTIES") BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY FANSHIP CONTENT OR USER HOCKEY ENTITIES CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FANSHIP PARTIES THE HOCKEY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE, EMBEDDING, OR DOWNLOADING USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FANSHIP PARTIESTHE HOCKEY ENTITIES' LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. SUBJECT TO APPLICABLE LAW ANY CLAIM AGAINST FANSHIP SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES. YOU AGREE TO GIVE FANSHIP WRITTEN NOTICE OF ANY CLAIM BY YOU AGAINST FANSHIP WITHIN ONE (1) YEAR OF THE EVENTS OR FACTS GIVING RISE TO THE CLAIM.