Common use of Liability Provisions Clause in Contracts

Liability Provisions. Sections 11.2 (Exclusion of Certain Liability) and 11.3 (Limitation of Liability) do not apply and are replaced with the following: “SurveyMonkey’s liability to you for damages caused by slight negligence will, irrespective of its legal ground, be limited as follows: (a) SurveyMonkey will be liable up to the amount of foreseeable damages typical for this type of contract for a breach of material contractual obligations; and (b) SurveyMonkey will not be liable for a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care. The above limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. Additionally, such limitations of liability will not apply if and to the extent that SurveyMonkey has assumed a specific guarantee. The above will apply accordingly to SurveyMonkey’s liability to you for futile expenses. You are obliged to take adequate measures to avert and reduce damages.” Japan JP1. Privacy Disclosures. You agree that you are responsible for notifying the respondents of any surveys that you create through the Services about how SurveyMonkey may use the respondents’ survey responses and personal data as described in the Privacy Notice (xxxxx://xxx.xxxxxxxxxxxx.xxx/mp/legal/privacy/?ut_source=legal&ut_source2=terms-of-use&ut_source3=inline) and obtaining a prior consent for disclosing personal data to SurveyMonkey from the respondents of your surveys.

Liability Provisions. Sections 11.2 (Exclusion of Certain Liability) and 11.3 (Limitation of Liability) do not apply and are replaced with the following: “SurveyMonkey’s liability to you for damages caused by slight negligence will, irrespective of its legal ground, be limited as follows: (a) SurveyMonkey will be liable up to the amount of foreseeable damages typical for this type of contract for a breach of material contractual obligations; and (b) SurveyMonkey will not be liable for a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care. The above limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. Additionally, such limitations of liability will not apply if and to the extent that SurveyMonkey has assumed a specific guarantee. The above will apply accordingly to SurveyMonkey’s liability to you for futile expenses. You are obliged to take adequate measures to avert and reduce damages.” Japan JP1. Privacy Disclosures. You agree that you are responsible for notifying the respondents of any surveys that you create through the Services about how SurveyMonkey may use the respondents’ survey responses and personal data as described in the Privacy Notice Policy (xxxxx://xxx.xxxxxxxxxxxx.xxx/mp/legal/privacy/?ut_source=legal&ut_source2=terms-of-use&ut_source3=inlinexxxxx://xxx.xxxxxxxxxxxx.xxx/mp/legal/privacy-policy/) and obtaining a prior consent for disclosing personal data to SurveyMonkey from the respondents of your surveys.

Liability Provisions. Sections 11.2 (Exclusion of Certain Liability) and 11.3 (Limitation of Liability) do not apply and are replaced with the following: “SurveyMonkey’s liability to you for damages caused by slight negligence will, irrespective of its legal ground, be limited as follows: (a) SurveyMonkey will be liable up to the amount of foreseeable damages typical for this type of contract for a breach of material contractual obligations; and (b) SurveyMonkey will not be liable for a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care. The above limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. Additionally, such limitations of liability will not apply if and to the extent that SurveyMonkey has assumed a specific guarantee. The above will apply accordingly to SurveyMonkey’s liability to you for futile expenses. You are obliged to take adequate measures to avert and reduce damages.” Japan JP1. Privacy Disclosures. You agree that you are responsible for notifying the respondents of any surveys that you create through the Services about how SurveyMonkey may use the respondents’ survey responses and personal data as described in the Privacy Notice Policy (xxxxx://xxx.xxxxxxxxxxxx.xxx/mp/legal/privacy/?ut_source=legal&ut_source2=terms-of-use&ut_source3=inlinehttps:/ xxx.xxxxxxxxxxxx.xxx/xx/xxxxx/xxxxxxx-xxxxxx/) and obtaining a prior consent for disclosing personal data to SurveyMonkey from the respondents of your surveys.

Liability Provisions. Sections 11.2 (Exclusion of Certain Liability) and 11.3 (Limitation of Liability) do not apply and are replaced with the following: “SurveyMonkey’s liability to you for damages caused by slight negligence will, irrespective of its legal ground, be limited as follows: (a) SurveyMonkey will be liable up to the amount of foreseeable damages typical for this type of contract for a breach of material contractual obligations; and (b) SurveyMonkey will not be liable for a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care. The above limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. Additionally, such limitations of liability will not apply if and to the extent that SurveyMonkey has assumed a specific guarantee. The above will apply accordingly to SurveyMonkey’s liability to you for futile expenses. You are obliged to take adequate measures to avert and reduce damages.” Japan JP1. Privacy Disclosures. You agree that you are responsible for notifying the respondents of any surveys that you create through the Services about how SurveyMonkey may use the respondents’ survey responses and personal data as described in the Privacy Notice Policy (xxxxx://xxx.xxxxxxxxxxxx.xxx/mp/legal/privacy/?ut_source=legal&ut_source2=terms-of-use&ut_source3=inlinehttps:/ xxx.xxxxxxxxxx0.xxx/xx/xxxxx/xxxxxxx-xxxxxx/) and obtaining a prior consent for disclosing personal data to SurveyMonkey from the respondents of your surveys.

Liability Provisions. Sections 11.2 (Exclusion of Certain Liability) and 11.3 (Limitation of Liability) do not apply and are replaced with the following: “SurveyMonkey’s liability to you for damages caused by slight negligence will, irrespective of its legal ground, be limited as follows: (a) SurveyMonkey will be liable up to the amount of foreseeable damages typical for this type of contract for a breach of material contractual obligations; and (b) SurveyMonkey will not be liable for a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care. The above limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. Additionally, such limitations of liability will not apply if and to the extent that SurveyMonkey has assumed a specific specific guarantee. The above will apply accordingly to SurveyMonkey’s liability to you for futile expenses. You are obliged to take adequate measures to avert and reduce damages.” Japan JP1. Privacy Disclosures. You agree that you are responsible for notifying the respondents of any surveys that you create through the Services about how SurveyMonkey may use the respondents’ survey responses and personal data as described in the Privacy Notice Policy (xxxxx://xxx.xxxxxxxxxxxx.xxx/mp/legal/privacy/?ut_source=legal&ut_source2=terms-of-use&ut_source3=inlinehttps: /xxx.xxxxxxxxxxxx.xxx/xx/xxxxx/xxxxxxx-xxxxxx/) and obtaining a prior consent for disclosing personal data to SurveyMonkey from the respondents of your surveys.

Liability Provisions. Sections 11.2 12.2 (Exclusion of Certain Liability) and 11.3 12.3 (Limitation of Liability) do not apply and are replaced with the following: “SurveyMonkeyMomentive’s liability to you for damages caused by slight negligence will, irrespective of its legal ground, be limited as follows: (a) SurveyMonkey Momentive will be liable up to the amount of foreseeable damages typical for this type of contract for a breach of material contractual obligations; and (b) SurveyMonkey Momentive will not be liable for a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care. The above limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. Additionally, such limitations of liability will not apply if and to the extent that SurveyMonkey Momentive has assumed a specific guarantee. The above will apply accordingly to SurveyMonkeyMomentive’s liability to you for futile expenses. You are obliged to take adequate measures to avert and reduce damages.” Japan JP1. Privacy Disclosures. You agree that you are responsible for notifying the respondents of any surveys that you create through the Services about how SurveyMonkey Momentive may use the respondents’ survey responses and personal data as described in the Privacy Notice (xxxxx://xxx.xxxxxxxxxxxx.xxx/mp/legal/privacy/?ut_source=legal&ut_source2=terms-of-use&ut_source3=inline) and obtaining a prior consent for disclosing personal data to SurveyMonkey Momentive from the respondents of your surveys.