Common use of General Limitation of Liability Clause in Contracts

General Limitation of Liability. EXCEPT TO THE EXTENT PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PROVIDED BY LAW, (I) THE WOW! ENTITIES SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY DIRECT OR INDIRECT, EXEMPLARY, MULTIPLIED, STATUTORY, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT FORESEEABLE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF USE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS OR REVENUE, OR HARM TO BUSINESS), AND WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, INCLUDING THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, UNINTENDED SERVICE INFORMATION, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH WOW!’S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY; AND

General Limitation of Liability. EXCEPT TO IN NO EVENT SHALL BUILDER OR ITS AFFILIATES OR THE EXTENT PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PROVIDED BY LAWAGENTS, (I) THE WOW! ENTITIES SHALL NOT OFFICERS, EMPLOYEES, INVITEES, REPRESENTATIVES OR SUBCONTRACTORS OF BUILDER OR THEIR SERVANTS BE LIABLE TO CUSTOMER OWNER OR ITS AFFILIATES OR THE AGENTS, OFFICERS, EMPLOYEES, INVITEES, REPRESENTATIVES, CONTRACTORS, OR SUBCONTRACTORS OF ANY OTHER TIER, EXCLUDING BUILDER AND ITS SUBCONTRACTORS, OR TO ANY THIRD PARTY PARTIES FOR ANY DIRECT OR INDIRECT, EXEMPLARY, MULTIPLIED, STATUTORY, SPECIALPHYSICAL HARM, INCIDENTAL, EXEMPLARY CONSEQUENTIAL, PUNITIVE OR CONSEQUENTIAL SPECIAL DAMAGES OF ANY KIND, WHETHER OR NOT FORESEEABLE (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, DAMAGES FOR THE LOSS OF USE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS OR REVENUE, OR HARM TO BUSINESSPROFITS AND LOSS OF BUSINESS OPPORTUNITIES), AND WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER, ARISING OUT OF OF, RESULTING FROM OR RELATING IN RELATION ANY WAY TO THIS AGREEMENT OR ANY ACTIVITIES OR OMISSIONS OR DELAYS IN CONNECTION HEREWITH OR THEREWITH INCLUDING, WITHOUT LIMITATION, THE CUSTOMER’S PERFORMANCE (WHETHER TIMELY OR NOT) OR THE NON-PERFORMANCE OF THIS AGREEMENT, BREACH OF ANY WARRANTY OR THE LOSS OF OR LOSS OF USE OF THE PLATFORM OR INABILITY TO USE THE SERVICES ANY PART THEREOF OR ANY OTHER EQUIPMENT, INCLUDING MATERIALS, OR PROPERTY, REGARDLESS OF CAUSE AND REGARDLESS OF WHETHER BUILDER OR ITS AFFILIATES, AND/OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACORS, OR THEIR SERVANTS AND/OR OTHERS MAY BE WHOLY, PARTIALLY, OR SOLELY NEGLIGENT OR OTHERWISE AT FAULT, UNSEAWORTHINESS, STRICT LIABILITY, OR ANY DEFECT IN PREMISES, EQUIPMENT OR MATERIALS, OR ANY OTHER EVENT OR CONDITION WHETHER OR NOT ANTICITPATED BY ANY PERSON OR PARTY, REGARDLESS OF WHETHER PREEXISTING THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, UNINTENDED SERVICE INFORMATION, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION EXECUTION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH WOW!’S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY; ANDTHIS AGREEMENT.

General Limitation of Liability. EXCEPT TO THE EXTENT PROVIDED 19.1 IN THIS AGREEMENT AND TO THE FULLEST EXTENT PROVIDED BY LAW, (I) THE WOW! ENTITIES NO EVENT SHALL NOT WE BE LIABLE TO CUSTOMER YOU (OR TO ANY OTHER THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT OR INDIRECT, EXEMPLARY, MULTIPLIED, STATUTORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KINDARISING FROM YOUR USE OF, WHETHER OR NOT FORESEEABLE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF USE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS OR REVENUE, OR HARM TO BUSINESS), AND WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE CUSTOMER’S USE OF OR INABILITY TO USE USE, THE SERVICES OR EQUIPMENT, INCLUDING THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, UNINTENDED SERVICE INFORMATION, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH WOW!’S SYSTEMS OR NETWORKS SITE AND/OR THE SYSTEMS SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR NETWORKS MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF THIRD PARTIESHEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF ADVISED BEFOREHAND WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LIABILITY; ANDDAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW. 19.2 IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “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”.

General Limitation of Liability. EXCEPT THE BANK IS ONLY RESPONSIBLE FOR PERFORMING THE DIGITAL SERVICES AS EXPRESSLY STATED IN THIS AGREEMENT. THERE IS NO GUARANTEE THAT ACCESS TO THE EXTENT PROVIDED IN THIS AGREEMENT DIGITAL SERVICES WILL BE AVAILABLE AT ALL TIMES AND TO THE FULLEST EXTENT PROVIDED BY LAW, (I) THE WOW! ENTITIES WE SHALL NOT BE LIABLE IF YOU ARE UNABLE TO CUSTOMER ACCESS THE DIGITAL SERVICES. THE DIGITAL SERVICES ARE PROVIDED "AS IS" AND, EXCEPT AS PROHIBITED BY LAW, WE AND OUR SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE DIGITAL SERVICES, EQUIPMENT OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF ANY PARTIES' PROPRIETARY RIGHTS. IN NO CASE SHALL THE BANK OR ANY OTHER THIRD PARTY OF OUR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT LOSS OF DATA, PROFIT, GOODWILL, OR INDIRECT, EXEMPLARY, MULTIPLIED, STATUTORY, SPECIAL, INCIDENTALPUNITIVE, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER KIND OR NOT FORESEEABLE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF USE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS OR REVENUE, OR HARM TO BUSINESS), AND WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER, NATURE SUFFERED BY YOU ARISING OUT OF OR IN RELATION RELATED TO THIS AGREEMENT AGREEMENT, ANY SOFTWARE, THE EQUIPMENT OR THE CUSTOMER’S USE OF DIGITAL SERVICES WHETHER OR INABILITY TO USE THE SERVICES NOT SUCH CLAIM FOR DAMAGES IS BASED ON TORT OR EQUIPMENT, INCLUDING THE USE CONTRACT OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, UNINTENDED SERVICE INFORMATION, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH WOW!’S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES, EVEN IF WHETHER WE HAD BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY; ANDDAMAGES OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, EXCEPT AS MAY BE EXPLICITLY REQUIRED BY THE ELECTRONIC FUND TRANSFER ACT ("EFTA") AND THE EFTA'S IMPLEMENTING REGULATION E OR OTHER APPLICABLE LAW. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE BANK'S AND OUR SERVICE PROVIDERS' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

General Limitation of Liability. EXCEPT FOR CUSTOMER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 12, NEITHER PARTY SHALL BE LIABLE HEREUNDER TO THE EXTENT PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PROVIDED BY LAWOTHER UNDER ANY LEGAL OR EQUITABLE THEORY, (I) THE WOW! ENTITIES SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY DIRECT OR INDIRECT, EXEMPLARY, MULTIPLIED, STATUTORY, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT FORESEEABLE (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, DAMAGES FOR THE LOSS OF USE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS OR REVENUE, OR HARM TO BUSINESS), AND WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, WHETHER OR NOT FORESEEABLE AND EVEN IF SUCH PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR CUSTOMER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 8.2 AND WHERE OTHERWISE EXPLICITLY INDICATED, A PARTY’S LIABILITY OR ANY OTHER THEORY WHATSOEVER, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT CONNECTION WITH THESE TERMS OF SERVICE SHALL NOT EXCEED THE AMOUNTS PAID OR THE CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, INCLUDING THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, UNINTENDED SERVICE INFORMATION, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS PAYABLE HEREUNDER IN THE TRANSMISSION OF TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, WE SHALL HAVE NO LIABILITY FOR ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH WOW!’S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES, EVEN IF ADVISED BEFOREHAND FAILURE OF THE POSSIBILITY SERVICE ARISING FROM OR RELATED TO (I) ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS, (II) YOUR OR YOUR USERS’ FAILURE TO CONFIGURE THE SERVICE IN CONFORMANCE WITH THE DOCUMENTATION, (III) YOUR OR YOUR USERS’ FAILURE TO PROVIDE ACCURATE CONTACT INFORMATION TO THE SERVICE, OR (IV) ANY MESSAGING LAWS. THE FOREGOING LIMITATION OF SUCH LIABILITY; ANDLIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

General Limitation of Liability. EXCEPT FOR CUSTOMER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 12, NEITHER PARTY SHALL BE LIABLE HEREUNDER TO THE EXTENT PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PROVIDED BY LAWOTHER UNDER ANY LEGAL OR EQUITABLE THEORY, (I) THE WOW! ENTITIES SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY DIRECT OR INDIRECT, EXEMPLARY, MULTIPLIED, STATUTORY, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT FORESEEABLE (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, DAMAGES FOR THE LOSS OF USE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS OR REVENUE, OR HARM TO BUSINESS), AND WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, WHETHER OR NOT FORESEEABLE AND EVEN IF SUCH PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR CUSTOMER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 12(b) AND WHERE OTHERWISE EXPLICITLY INDICATED, A PARTY’S LIABILITY OR ANY OTHER THEORY WHATSOEVER, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT CONNECTION WITH THESE TERMS OF SERVICE SHALL NOT EXCEED THE AMOUNTS PAID OR THE CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, INCLUDING THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, UNINTENDED SERVICE INFORMATION, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS PAYABLE HEREUNDER IN THE TRANSMISSION OF TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, WE SHALL HAVE NO LIABILITY FOR ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH WOW!’S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES, EVEN IF ADVISED BEFOREHAND FAILURE OF THE POSSIBILITY SERVICE ARISING FROM OR RELATED TO (I) ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS, (II) YOUR OR YOUR USERS’ FAILURE TO CONFIGURE THE SERVICE IN CONFORMANCE WITH THE DOCUMENTATION, (III) YOUR OR YOUR USERS’ FAILURE TO PROVIDE ACCURATE CONTACT INFORMATION TO THE SERVICE, OR (IV) ANY MESSAGING LAWS. THE FOREGOING LIMITATION OF SUCH LIABILITY; ANDLIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

General Limitation of Liability. WHILE WE’RE ALWAYS IMPROVING, AND WE HOPE YOU HAVE AN EXCELLENT EXPERIENCE WITH DRFACTOR, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO CREATE OR MAINTAIN AN ACCOUNT WITH THE SITE OR THE SERVICES, OR (b) $100; EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE TRANSACTION PROCESSING SERVICES (AS DEFINED IN THE ADDITIONAL TERMS), IN NO EVENT SHALL OUR CUMULATIVE LIABILITY THEREOF REGARDLESS OF THE FORM OF ACTION EXCEED THE TOTAL AMOUNT OF TRANSACTION PROCESSING FEES (AS DESCRIBED IN THE ADDITIONAL TERMS), IF ANY, REMITTED TO AND RETAINED BY DRFACTOR FOR PROVIDING TRANSACTION PROCESSING SERVICES FOR APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EXTENT PROVIDED IN THIS AGREEMENT AND EVENT GIVING RISE TO THE FULLEST EXTENT PROVIDED BY LAW, (I) THE WOW! ENTITIES APPLICABLE CLAIM. IN NO EVENT SHALL NOT WE BE LIABLE TO CUSTOMER YOU (OR TO ANY OTHER THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT OR INDIRECT, EXEMPLARY, MULTIPLIED, STATUTORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KINDARISING FROM YOUR USE OF, WHETHER OR NOT FORESEEABLE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF USE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS OR REVENUE, OR HARM TO BUSINESS), AND WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE CUSTOMER’S USE OF OR INABILITY TO USE USE, THE SERVICES OR EQUIPMENT, INCLUDING THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, UNINTENDED SERVICE INFORMATION, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH WOW!’S SYSTEMS OR NETWORKS SITE AND/OR THE SYSTEMS SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR NETWORKS MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF THIRD PARTIESHEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICES, EVEN IF ADVISED BEFOREHAND WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LIABILITY; ANDDAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “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.”

General Limitation of Liability. EXCEPT TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL TRELLUS HEALTH BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, REVENUES, DATA OR COMPENSATION THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR SITE, EVEN IF TRELLUS HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN TRELLUS HEALTH AND YOU. THIS SITE AND THE CONTENT DISPLAYED ON OR ACCESSIBLE THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRELLUS HEALTH THROUGH THE SITE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT AND THESE CUSTOMER TERMS OF USE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PROVIDED PERMITTED BY LAWLAW IN THE APPLICABLE JURISDICTION. IN NO EVENT WILL TRELLUS HEALTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, (I) LOSSES, AND KNOWN AND UNKNOWN CAUSES OF ACTION RESULTING FROM YOUR USE OF THE WOW! ENTITIES SHALL NOT BE LIABLE TO CUSTOMER SERVICE OR ANY OTHER THIRD PARTY FOR ANY DIRECT OR INDIRECT, EXEMPLARY, MULTIPLIED, STATUTORY, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KINDSITE, WHETHER OR NOT FORESEEABLE IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF USENEGLIGENCE) OR OTHERWISE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS OR REVENUE, OR HARM TO BUSINESS), AND WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT EXCEED U.S. $100 OR THE CUSTOMER’S USE LOWEST AMOUNT PERMITTED UNDER APPLICABLE LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “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 OR INABILITY TO USE EXECUTING THE SERVICES OR EQUIPMENTRELEASE, INCLUDING WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, UNINTENDED SERVICE INFORMATION, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH WOW!’S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY; ANDDEBTOR.”

General Limitation of Liability. EXCEPT TO THE EXTENT PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PROVIDED BY LAW, (I) THE WOW! ENTITIES NO EVENT SHALL NOT CTFSI OR ITS AFFILIATES BE LIABLE TO CUSTOMER YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT OR CONSEQUENTIAL, INDIRECT, EXEMPLARY, MULTIPLIED, STATUTORY, SPECIAL, INCIDENTAL, EXEMPLARY SPECIAL EXEMPLARY, PUNITIVE OR CONSEQUENTIAL ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE SERVICES, REGARDLESS OF (A) WHETHER SUCH DAMAGES OF ANY KIND, WERE FORESEEABLE; (B) WHETHER OR NOT FORESEEABLE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF USE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS OR REVENUE, OR HARM TO BUSINESS), AND WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, INCLUDING THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, UNINTENDED SERVICE INFORMATION, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH WOW!’S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES, EVEN IF WE WERE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. YOUR SOLE AND ENTIRE MAXIMUM LIABILITY; AND, FOR ANY REASON, AND YOUR SOLE AND EXCLU SIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO, AND SHALL NOT EXCEED, THE GREATER OF (A) THE TOTAL FEES WHICH YOU PAID FOR THE SERVICES OR (B) $100. The limitation of liability shall not apply to liability resulting from gross negligence or willful misconduct. (A) PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND CTFSI MAY HAVE AGAINST EACH OTHER ARE RESOLVED. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. (B) FOR ALL MATTERS, DISPUTES, OR CLAIMS BETWEEN YOU AND CTFSI THAT RELATE IN ANY WAY TO OR ARISE OUT OF YOUR USE OF YOUR PURCHASE OR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, INCLUDING ANY DISPUTE ABOUT THE INTERPRETATION OR APPLICATION OF THIS DISPUTE RESOLUTION PROVISION OR THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THIS ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION (“DISPUTES”), WILL BE RESOLVED BY THE PROCESSES AND PROCEDURES DESCRIBED IN THIS SECTION, THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EACH PARTY WAIVES ITS RIGHTS TO A JURY TRAIL AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THE CTBIDS WEBSITE OR THESE TERMS & CONDITIONS RESOLVED IN COURT.

General Limitation of Liability. EXCEPT TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL LASO HEALTH BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, REVENUES, DATA OR COMPENSATION THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR SITE, EVEN IF LASO HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LASO HEALTH AND YOU. THIS SITE AND THE CONTENT DISPLAYED ON OR ACCESSIBLE THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LASO HEALTH THROUGH THE SITE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT AND THESE TERMS OF USE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PROVIDED PERMITTED BY LAWLAW IN THE APPLICABLE JURISDICTION. IN NO EVENT WILL LASO HEALTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, (I) LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE WOW! ENTITIES SHALL NOT BE LIABLE TO CUSTOMER SERVICE OR ANY OTHER THIRD PARTY FOR ANY DIRECT OR INDIRECT, EXEMPLARY, MULTIPLIED, STATUTORY, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KINDSITE, WHETHER OR NOT FORESEEABLE IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF USENEGLIGENCE) OR OTHERWISE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS OR REVENUE, OR HARM TO BUSINESS), AND WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT EXCEED U.S. $100 OR THE CUSTOMER’S USE LOWEST AMOUNT PERMITTED UNDER APPLICABLE LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “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 OR INABILITY TO USE EXECUTING THE SERVICES OR EQUIPMENTRELEASE, INCLUDING WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, UNINTENDED SERVICE INFORMATION, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH WOW!’S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY; ANDDEBTOR.”

General Limitation of Liability. EXCEPT TO THE EXTENT PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PROVIDED BY LAW, (I) THE WOW! ENTITIES NO EVENT SHALL NOT CTFSI OR ITS AFFILIATES BE LIABLE TO CUSTOMER YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT OR CONSEQUENTIAL, INDIRECT, EXEMPLARY, MULTIPLIED, STATUTORY, SPECIAL, INCIDENTAL, EXEMPLARY SPECIAL EXEMPLARY, PUNITIVE OR CONSEQUENTIAL ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE SERVICES, REGARDLESS OF (A) WHETHER SUCH DAMAGES OF ANY KIND, WERE FORESEEABLE; (B) WHETHER OR NOT FORESEEABLE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF USE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS OR REVENUE, OR HARM TO BUSINESS), AND WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, INCLUDING THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, UNINTENDED SERVICE INFORMATION, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH WOW!’S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES, EVEN IF WE WERE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. YOUR SOLE AND ENTIRE MAXIMUM LIABILITY; AND, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REME DY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO, AND SHALL NOT EXCEED, THE GREATER OF (A) THE TOTAL FEES WHICH YOU PAID FOR THE SERVICES OR (B) $100. The limitation of liability shall not apply to liability resulting from gross negligence or willful misconduct. (A) PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND CTFSI MAY HAVE AGAINST EACH OTHER ARE RESOLVED. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. (B) FOR ALL MATTERS, DISPUTES, OR CLAIMS BETWEEN YOU AND CTFSI THAT RELATE IN ANY WAY TO OR ARISE OUT OF YOUR USE OF YOUR PURCHASE OR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, INCLUDING ANY DISPUTE ABOUT THE INTERPRETATION OR APPLICATION OF THIS DISPUTE RESOLUTION PROVISION OR THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THIS ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION (“DISPUTES”), WILL BE RESOLVED BY THE PROCESSES AND PROCEDURES DESCRIBED IN THIS SECTION, THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EACH PARTY WAIVES ITS RIGHTS TO A JURY TRAIL AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THE CTBIDS WEBSITE OR THESE TERMS & CONDITIONS RESOLVED IN COURT.

General Limitation of Liability. EXCEPT TO THE EXTENT PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PROVIDED BY LAW, (I) THE WOW! ENTITIES SHALL BALSAMWEST WILL NOT BE LIABLE TO CUSTOMER, AND CUSTOMER HEREBY RELEASES AND WAIVES ALL CLAIMS AGAINST BALSAMWEST FOR ANY INJURY OR DAMAGE TO CUSTOMER OR ITS CUSTOMERS ARISING FROM INTERRUPTION OF SERVICE OR POWER TO THE DATACENTER OR ANY EQUIPMENT THEREIN. EXCEPT AS PROVIDED IN SECTION 15.4, NEITHER PARTY WILL BE LIABLE TO THE OTHER THIRD PARTY FOR ANY DIRECT OR SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, MULTIPLIED, STATUTORY, SPECIAL, INCIDENTAL, EXEMPLARY PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KINDDAMAGES, WHETHER FORESEEABLE OR NOT FORESEEABLE (NOT, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, SUCH PARTY’S FAILURE TO PER BREACH OF ITS OBLIGATIONS OR A BREACH OF ITS REPRESENTATIONS OR COVENANTS HEREUNDER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF USE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS PROFITS OR REVENUE, OR HARM TO BUSINESS), AND WHETHER UNDER CONTRACT, TORT COST OF REPLACEMENT SERVICES (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER, ARISING OUT OF TRANSMISSION INTERRUPTIONS OR IN RELATION TO THIS AGREEMENT PROBLEMS, INTERRUPTION OR THE CUSTOMER’S USE DEGRADATION OF SERVICE OR INABILITY TO USE THE SERVICES OTHERWISE), CUSTOMERS. ALL CLAIMS FOR SUCH SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR EQUIPMENT, INCLUDING THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, UNINTENDED SERVICE INFORMATION, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH WOW!’S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY; ANDCONSEQUENTIAL DAMAGES ARE HEREBY SPECIFICALLY WAIVED.

General Limitation of Liability. EXCEPT WITH THE EXCEPTION OF INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, THE LIABILITY OF EITHER PARTY, IF ANY, AND THE OTHER PARTY'S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER WITH RESPECT TO THE EXTENT PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT SOFTWARE OR ANY PRODUCTS OR SERVICES PROVIDED BY LAWWILDPACKETS, (I) AND REGARDLESS OF THE WOW! ENTITIES LEGAL THEORY OR THE DELIVERY OR NON- DELIVERY OF THE SOFTWARE OR ANY PRODUCTS OR SERVICES, SHALL NOT BE GREATER THAN THE FEES ACTUALLY PAID BY CUSTOMER TO WILDPACKETS HEREUNDER IN CONNECTION WITH THE PRODUCT OR SERVICE AT ISSUE. WITH THE EXCEPTION OF INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO CUSTOMER OR ANY THE OTHER THIRD PARTY FOR ANY DIRECT OR SPECIAL, INDIRECT, EXEMPLARY, MULTIPLIED, STATUTORY, SPECIAL, INCIDENTAL, EXEMPLARY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT FORESEEABLE (INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES FOR ON ACCOUNT OF THE LOSS OF USEPRESENT OR PROSPECTIVE PROFITS, BUSINESSEXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, PROFITSFOR LOSS OF DATA, WAGESCOST OF SUBSTITUTE SOFTWARE, SAVINGS OR REVENUECOST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR HARM TO BUSINESS), AND WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR FOR ANY OTHER THEORY REASON WHATSOEVER, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, INCLUDING THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, UNINTENDED SERVICE INFORMATION, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH WOW!’S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY; AND.

General Limitation of Liability. EXCEPT TO THE EXTENT PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PROVIDED BY LAW, (I) THE WOW! ENTITIES NO PARTY SHALL NOT BE LIABLE TO CUSTOMER OR ANY THE OTHER THIRD PARTY FOR ANY DIRECT OR INDIRECTCONSEQUENTIAL, INCIDENTAL, EXEMPLARY, MULTIPLIED, STATUTORY, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES OF ANY KINDRESULTING FROM OR RELATING TO THE AGREEMENT, WHETHER OR NOT FORESEEABLE (INCLUDINGBASED ON BREACH OF CONTRACT, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF USE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS OR REVENUETORT, OR HARM TO BUSINESS), AND WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, INCLUDING THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, UNINTENDED SERVICE INFORMATION, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH WOW!’S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIESOTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY; ANDDAMAGES. IN ADDITION, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE TOTAL AGGREGATE LIABILITY OF EACH PARTY, ITS AFFILIATES, AND ALL OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS UNDER THIS AGREEMENT (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, IN LAW OR EQUITY, OR OTHERWISE) SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF FEES PAID OR PAYABLE BY SCHOOL SYSTEM TO PCG, FOR THE SERVICE OR MODULE FROM WHICH THE LIABILITY AROSES, DURING THE TWELVE (12) MONTHS PRIOR TO THE MONTH IN WHICH THE FIRST EVENT GIVING RISE TO LIABILITY OCCURRED. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO CLAIMS FOR (a) BREACH OF CONFIDENTIALITY OR PROPRIETARY RIGHTS, (b) INFRINGEMENT OF PRODUCT MARKING, (c) INDEMNIFICATION, OR (d) FRAUD OR MISREPRESENTATION.

General Limitation of Liability. EXCEPT AS TO THE EXTENT PROVIDED IN THIS AGREEMENT INDEMNIFICATION OBLIGATIONS UNDER SECTION 6 AND THE CONFIDENTIALITY OBLIGATIONS UNDER SECTION 7, EACH PARTY WILL BE NOT LIABLE TO THE FULLEST EXTENT PROVIDED BY LAW, (I) THE WOW! ENTITIES SHALL NOT BE LIABLE TO CUSTOMER OR OTHER PARTY UNDER ANY OTHER THIRD PARTY THEORY OF LIABILITY FOR ANY DIRECT OR DIRECT, INDIRECT, EXEMPLARY, MULTIPLIED, STATUTORY, SPECIAL, INCIDENTAL, EXEMPLARY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT FORESEEABLE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THAT RESULT FROM THE LOSS OF USE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS OR REVENUE, OR HARM TO BUSINESS), AND WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES OTOCOR SERVICE OR EQUIPMENTOTOCOR SERVICE or OTOCOR SOFTWARE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE USE OTOCOR SERVICE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES AND ALARM MONITORING SERVICES, DELAYS, ERRORS, INTERRUPTIONS, OTOCOR Service or OTOCOR Software; OR THAT RESULT FROM MISTAKES, OMISSIONS, UNINTENDED SERVICE INFORMATIONINTERRUPTIONS, NONDELETION OF FILES OR E-DELIVERYMAIL, INCORRECT DELIVERYLOSS OF OR DAMAGE TO DATA, VIRUSES ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR DEFECTS IN TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OTOCOR RECORDS, PROGRAMS OR SERVICES. THE TRANSMISSION OF ANY INFORMATION, MATERIAL Customer HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR DATA OVER OR THROUGH WOW!’S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES, EVEN IF ADVISED BEFOREHAND NOT OTOCOR IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM OTOCOR AND ITS AFFILIATES. UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF PROFITS, BUSINESS, BUSINESS OPPORTUNITY, REVENUE, GOODWILL OR ANTICIPATED SAVINGS, WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, PRODUCT LIABILITY; AND, OR OTHERWISE, TO ANY PARTY IN PRIVY TO THIS AGREEMENT, OR ANY THIRD PARTY NOT SO SITUATED. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.