Common use of Indemnities and Limitations of Liability Clause in Contracts

Indemnities and Limitations of Liability. 6.1. You will indemnify us, and keep us indemnified on demand, in respect of all liabilities, losses or costs of any kind or nature whatsoever that may be incurred by us as a direct or indirect result of any failure by You or Your Registrants to perform any of the obligations under this Agreement, claims made in relation to Your Registration Agreement(s), Registry TLD or claims made in relation to any false information or declaration made either to us or to any third party. You acknowledge that this indemnity extends to our legal and administrative costs and expenses incurred in respect of taking any legal or investigatory action against You, or instructing any debt collection agency, to recover monies owed by You to us. 6.2. To the extent permitted by law, You will indemnify, protect and hold us harmless from and against all losses, liabilities, judgements, suits, actions, proceedings, claims, damages and/or costs resulting from or arising out of any act or omission by any Registrant and/or any person obtaining access to Your account, whether or not You authorised such access. 6.3. Without prejudice to any other terms of this Agreement, we will have no liability to You in relation to any loss that You suffer as a result of any delay or defect in or failure of the whole or any part of our Registry Website, email system or any other communication platform as we may advise You from time to time, software or any systems or network links or any other means of communication. We will have no liability to You, whether in contract or in tort (including negligence) in the event that any computer viruses, worms, software bombs or similar items are introduced into Your computer hardware or software, provided that we have taken reasonable steps to prevent any such introduction. 6.4. Unless a Party is prohibited from excluding such liability by law (for example, for losses relating to death or personal injury or caused by our fraud), and excluding for either party’s breach of its obligations of confidentiality hereunder, neither Party shall be liable for any direct, indirect, special, incidental, punitive or consequential damages (including, without limitation, loss of business, loss of profits, failure to avoid a loss, loss of data, loss or corruption of data, loss of goodwill or reputation) caused by any act or omission of such Party under this Agreement. The total liability of the Parties to the other shall not exceed the amount paid by the Registrar for the previous twelve (12) months under this Agreement or USD$500,000, whichever is greater.

Indemnities and Limitations of Liability. 6.112.1. You The services and items are provided "AS IS" and "AS AVAILABLE" and company makes no warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability and fitness for particular purpose with respect to any service provided by the company. 12.2. The company does not warrant that company sites, its servers, or e- mail sent from the company are free of viruses or other harmful components. The company will indemnify us, and keep us indemnified on demand, in respect of all liabilities, losses or costs not be liable for any damages of any kind arising from the use of trading platform or nature whatsoever that may be incurred by us as a direct or indirect result of any failure by You or Your Registrants to perform any of the obligations under this Agreement, claims made in relation to Your Registration Agreement(swebsite(s), Registry TLD or claims made in relation including, but not limited to any false information or declaration made either to us or to any third party. You acknowledge that this indemnity extends to our legal direct, indirect, incidental, punitive, and administrative costs and expenses incurred in respect of taking any legal or investigatory action against You, or instructing any debt collection agency, to recover monies owed by You to usconsequential damages. 6.212.3. To The Client shall, on demand by the extent permitted by lawCompany, You will indemnify, protect and hold us harmless compensate the Company from and against all liabilities, damages, losses and costs (including reasonable legal costs), duties, taxes, charges, commissions or other expenses incurred by the Company in the proper performance of its Services or the enforcement of its rights under these Agreement and, in particular, but without limitation, against all amounts which the Company may certify to be necessary to compensate it for all liabilities, damages, losses and costs (including reasonable legal costs), duties, taxes, charges, commissions or other expenses incurred by the Company as a result breach of the provision(s) of this Agreement or any Applicable law by Client. 12.4. The directors of the Company, the position holders, its employees and agents, are not responsible to any event of damage and/or expense caused to Client, including without limitation loss of profit and/or any other damage, direct or indirect, and/or circumstantial in connection with the performance of the Agreement and obtaining Services from the Company. 12.5. In the event the Company may provide information to the Client, the Company shall not be responsible for the profitability of such information. The Client acknowledges that the Company shall not be liable for any losses, liabilitiescosts, judgementsexpenses or damages suffered by the Client arising from any inaccuracy or mistake in any information given to the Client. 12.6. In no event will the Company have any liability to the Client or any other party for any lost opportunity or profits, suitspersonal injury, actionscosts of procurement of substitute goods or services, proceedingsor for any indirect, claimsincidental, consequential, punitive or special damages and/or costs resulting from or arising out of any act or omission by any Registrant and/or any person obtaining access to Your account, whether or not You authorised such access. 6.3. Without prejudice to any other terms of this Agreement, we will under any cause of action or theory of liability (including negligence), and whether or not the Company has been advised of the possibility of such damage. 12.7. The Company’s maximum liability under this Agreement shall be limited in aggregate, during each year of the Agreement, to an amount equivalent 1/3 of remuneration paid by Client to the Company in the year in which the act or omission giving rise to the loss or damage occurred . 12.8. Client shall only be entitled to bring a claim against the Company under this Agreement where the Client issues legal proceedings against the Company within 12 (twelve) months of the occurrence of the act or omission that gives rise to the claim. 12.9. The Company shall have no liability the right to You set-off any amount owed by the Company to the Client, against any debt or other obligation of the Client towards the Company. In any event of Default of Client (voluntary or involuntary insolvency procedures against the Client) all debts, future debts and other obligations of the Client towards the Company shall become immediately due. 12.10. The Services provided by the Company are designated to Clients that possess financial knowledge and experience, and can evaluate the risks involved in relation to any loss that You suffer speculative trading in general markets, including as a result of any delay or defect in or failure market conditions that does not allow execution of the whole or any part of our Registry Website, email system or any other communication platform as we may advise You from time to time, software or any systems or network links or any other means of communication. We will have no liability to You, whether in contract or in tort (including negligence) in the event that any computer viruses, worms, software bombs or similar items are introduced into Your computer hardware or software, provided that we have taken reasonable steps to prevent any such introduction. 6.4. Unless a Party is prohibited from excluding such liability by law (for example, for losses relating to death or personal injury or caused by our fraud), and excluding for either party’s breach of its obligations of confidentiality hereunder, neither Party shall be liable for any direct, indirect, special, incidental, punitive or consequential damages (including, without limitation, loss of business, loss of profits, failure to avoid a loss, loss of data, loss or corruption of data, loss of goodwill or reputation) caused by any act or omission of such Party under this Agreementlimit orders. The total liability Client declares that he/she has former knowledge of trading, is in a reasonably strong financial condition and can consider his trading actions and the Parties to the other shall not exceed the amount paid by the Registrar for the previous twelve (12) months under this Agreement or USD$500,000, whichever is greaterrisks involved before executing any trade.