Common use of Limitation of Xxxxxxxxx Clause in Contracts

Limitation of Xxxxxxxxx. XX NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF BUSINESS, LOSS OF REVENUES, LOSS OF DATA, SERVICE INTERRUPTION, OR TRANSMISSION PROBLEMS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER TYPE OF DAMAGES OTHER THAN DIRECT DAMAGES (AND WITH DIRECT DAMAGES, ONLY TO THE EXTENT PERMITTED IN THIS AGREEMENT).NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, SERVERSTADIUM 'S TOTAL LIABILITY IN THE AGGREGATE (INCLUDING ATTORNEYS ' FEES) ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT WILL BE LIMITED TO, AND WILL NOT EXCEED, THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR RECURRING CHARGES FOR THE MONTH IMMEDIATELY PRIOR TO THE MONTH IN WHICH THE FIRST CLAIM BROUGHT BY CUSTOMER AGAINST SERVERSTADIUM RELATING TO THIS AGREEMENT XXXXX.XX A FURTHER LIMITATION, SERVERSTADIUM 'S MAXIMUM LIABILITY RELATING TO ANY SERVICE THAT HAS A NON-RECURRING CHARGE WILL EQUAL THE AMOUNT OF THE NON- RECURRING CHARGE FOR SUCH SERVICE ON THE OCCASION GIVING RISE TO THE CLAIM. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO ANY CLAIMS AND CAUSES OF ACTION WHATSOEVER, REGARDLESS OF THE FORMS OF THE ACTIONS, AND WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY.

Limitation of Xxxxxxxxx. XX XXX AGREE THAT THE PRICING OF OUR SERVICES REFLECTS THE INTENT OF BOTH YOU AND US TO LIMIT OUR LIABILITY AS PROVIDED HEREIN. THEREFORE, YOU AGREE THAT IN NO EVENT WILL EITHER PARTY EVENT, REGARDLESS OF WHETHER THE CLAIM IS ASSERTED BY YOU OR YOUR CUSTOMER, SHALL CLOUD JUMPER, ITS AFFILIATES, ITS SUBSIDIARIES, ITS OWNERS, ITS DIRECTORS, ITS OFFICERS, ITS EMPLOYEES, ITS CONTRACTORS, ITS AGENTS, ITS VENDORS, OR ITS PARTNERS BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIALDAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCECONSEQUENTIAL, EXEMPLARY EXEMPLARY, TREBLE, OR PUNITIVE DAMAGES, INCLUDING OR LOST PROFITS, LOSS OF BUSINESS, LOSS OF REVENUES, LOSS OF PROFITS OR REVENUE RESULTING FROM LOST DATA, SERVICE INTERRUPTIONDELAY, OR TRANSMISSION PROBLEMS INTERRUPTION IN SERVICES OR CORRUPTION OF DATADAMAGES RESULTING FROM PERSONAL INJURY OR PROPERTY DAMAGE, EVEN IF WHETHER OR NOT CLOUD JUMPER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR . YOUR EXCLUSIVE REMEDY FOR ANY OTHER TYPE OF DAMAGES OTHER THAN DIRECT DAMAGES (AND WITH DIRECT DAMAGES, ONLY TO THE EXTENT PERMITTED IN THIS AGREEMENT).NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, SERVERSTADIUM 'S TOTAL LIABILITY IN THE AGGREGATE (INCLUDING ATTORNEYS ' FEES) ARISING FROM OR RELATED TO THE SUBJECT MATTER BREACH OF THIS AGREEMENT WILL BE IS LIMITED TO, AND WILL NOT EXCEED, TO SERVICE OUTAGE CREDITS AS OUTLINED IN THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR RECURRING CHARGES FOR THE MONTH IMMEDIATELY PRIOR TO THE MONTH IN WHICH THE FIRST CLAIM BROUGHT BY CUSTOMER AGAINST SERVERSTADIUM RELATING TO THIS APPLICABLE SERVICE LEVEL AGREEMENT XXXXX.XX A FURTHER LIMITATION, SERVERSTADIUM 'S MAXIMUM LIABILITY RELATING TO ANY SERVICE THAT HAS A NON-RECURRING CHARGE WILL EQUAL THE AMOUNT OF THE NON- RECURRING CHARGE FOR SUCH SERVICE ON THE OCCASION GIVING RISE TO THE CLAIM. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO ANY CLAIMS AND CAUSES OF ACTION WHATSOEVER, REGARDLESS OF THE FORMS OF THE ACTIONS, AND WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY(“SLA”).

Limitation of Xxxxxxxxx. XX NO EVENT WILL EITHER PARTY THE EXTENT AUTHORIZED UNDER TEXAS LAW, FLOCK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO THE ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER PARTY THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY CONSEQUENTIALINDIRECT, INDIRECTEXEMPLARY, INCIDENTAL, SPECIALSPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME DocuSign Envelope ID: 3D67E4F0-6C13-470A-AAAB-C526511D2A55 PREVENTION; OR (F) FOR ANY AMOUNTS THAT, RELIANCETOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXEMPLARY EXCEED THE FEES PAID AND/OR PUNITIVE DAMAGESPAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, INCLUDING LOST PROFITSIN EACH CASE, LOSS OF BUSINESS, LOSS OF REVENUES, LOSS OF DATA, SERVICE INTERRUPTION, WHETHER OR TRANSMISSION PROBLEMS OR CORRUPTION OF DATA, EVEN IF NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY, OR ANY OTHER TYPE AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF DAMAGES OTHER THAN DIRECT DAMAGES (AND WITH DIRECT DAMAGES, LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT PERMITTED IN THIS AGREEMENT).NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO ALLOWED BY THE CONTRARY, SERVERSTADIUM 'S TOTAL LIABILITY IN THE AGGREGATE (INCLUDING ATTORNEYS ' FEES) ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT WILL BE LIMITED TO, AND WILL NOT EXCEED, THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR RECURRING CHARGES FOR THE MONTH IMMEDIATELY PRIOR TO THE MONTH IN WHICH THE FIRST CLAIM BROUGHT BY CUSTOMER AGAINST SERVERSTADIUM RELATING TO THIS AGREEMENT XXXXX.XX A FURTHER LIMITATION, SERVERSTADIUM 'S MAXIMUM LIABILITY RELATING TO ANY SERVICE THAT HAS A NON-RECURRING CHARGE WILL EQUAL THE AMOUNT GOVERNING LAW OF THE NON- RECURRING CHARGE FOR SUCH SERVICE ON STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE OCCASION GIVING RISE TO THE CLAIM. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO ANY CLAIMS AND CAUSES OF ACTION WHATSOEVER, REGARDLESS LAW OF THE FORMS OF THE ACTIONS, AND WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORYSTATE OFTEXAS.

Limitation of Xxxxxxxxx. XX NO EVENT THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER XXX.XX NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE CONSEQUENTIAL DAMAGES, INCLUDING OR DAMAGES FOR LOST PROFITS, LOSS OF BUSINESSEXPECTED GAINS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF REVENUES, LOSS OF DATADATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR TRANSMISSION PROBLEMS SYSTEM FAILURE OR CORRUPTION THE COST OF DATASUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT XXX.XX OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL XXX.XX, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR XXX.XX ACCOUNT(S) OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE XXX.XX SITE OR THE XXX.XX SERVICES, OR THESE TERMS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF XXX.XX HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR ANY OTHER TYPE REMEDY OF DAMAGES OTHER THAN DIRECT DAMAGES (AND WITH DIRECT DAMAGESITS ESSENTIAL PURPOSE, ONLY EXCEPT TO THE EXTENT PERMITTED IN THIS AGREEMENT).NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF XXX.XX’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW.. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE XXX.XX SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE CONTRARYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVERSTADIUM 'S TOTAL LIABILITY IN THE AGGREGATE (INCLUDING ATTORNEYS ' FEES) ARISING FROM XXX.XX SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR RELATED NON- INFRINGEMENT. XXX.XX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SUBJECT MATTER SITE, ANY PART OF THIS AGREEMENT THE XXX.XX SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE LIMITED TOCONTINUOUS, AND UNINTERRUPTED, TIMELY, OR ERROR-FREE. XXX.XX DOES NOT GUARANTEE THAT ANY ORDER WILL NOT EXCEEDBE EXECUTED, THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR RECURRING CHARGES ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE MONTH IMMEDIATELY PRIOR TO THE MONTH IN WHICH THE FIRST CLAIM BROUGHT BY CUSTOMER AGAINST SERVERSTADIUM RELATING TO THIS AGREEMENT XXXXX.XX A FURTHER LIMITATION, SERVERSTADIUM 'S MAXIMUM LIABILITY RELATING TO ANY SERVICE THAT HAS A NON-RECURRING CHARGE WILL EQUAL THE AMOUNT OF THE NON- RECURRING CHARGE FOR SUCH SERVICE ON THE OCCASION GIVING RISE TO THE CLAIM. THE LIMITATIONS EXPRESS STATEMENTS SET FORTH IN THIS SECTION APPLY THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO ANY CLAIMS YOUR USE AND CAUSES OF ACTION WHATSOEVER, REGARDLESS ACCESS OF THE FORMS XXX.XX SERVICES AND XXX.XX SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT XXX.XX WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA, (B) ANY ERROR OR DELAY IN THE ACTIONSTRANSMISSION OF SUCH DATA, AND WHETHER OR (C) INTERRUPTION IN CONTRACTANY SUCH DATA. XXX.XX makes no representations about the accuracy, TORTorder, STRICT LIABILITY OR OTHER THEORYtimeliness or completeness of historical cryptocurrency price data available on the XXX.XX Site. XXX.XX will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but XXX.XX makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. IF YOU ARE A NEW JERSEY RESIDENT, the provisions of this Section 28 are intended to apply only to the extent permitted under New Jersey law.

Limitation of Xxxxxxxxx. XX NO EVENT THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER XXX.XX NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE CONSEQUENTIAL DAMAGES, INCLUDING OR DAMAGES FOR LOST PROFITS, LOSS OF BUSINESSEXPECTED GAINS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF REVENUES, LOSS OF DATADATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR TRANSMISSION PROBLEMS SYSTEM FAILURE OR CORRUPTION THE COST OF DATASUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT XXX.XX OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL XXX.XX, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR XXX.XX ACCOUNT(S) OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE XXX.XX SITE OR THE XXX.XX SERVICES, OR THESE TERMS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF XXX.XX HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR ANY OTHER TYPE REMEDY OF DAMAGES OTHER THAN DIRECT DAMAGES (AND WITH DIRECT DAMAGESITS ESSENTIAL PURPOSE, ONLY EXCEPT TO THE EXTENT PERMITTED IN THIS AGREEMENT).NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF XXX.XX’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW.. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE XXX.XX SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE CONTRARYMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVERSTADIUM 'S TOTAL LIABILITY IN THE AGGREGATE (INCLUDING ATTORNEYS ' FEES) ARISING FROM XXX.XX SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR RELATED NON- INFRINGEMENT. XXX.XX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SUBJECT MATTER SITE, ANY PART OF THIS AGREEMENT THE XXX.XX SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE LIMITED TOCONTINUOUS, AND UNINTERRUPTED, TIMELY, OR ERROR-FREE. XXX.XX DOES NOT GUARANTEE THAT ANY ORDER WILL NOT EXCEEDBE EXECUTED, THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR RECURRING CHARGES ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE MONTH IMMEDIATELY PRIOR TO THE MONTH IN WHICH THE FIRST CLAIM BROUGHT BY CUSTOMER AGAINST SERVERSTADIUM RELATING TO THIS AGREEMENT XXXXX.XX A FURTHER LIMITATION, SERVERSTADIUM 'S MAXIMUM LIABILITY RELATING TO ANY SERVICE THAT HAS A NON-RECURRING CHARGE WILL EQUAL THE AMOUNT OF THE NON- RECURRING CHARGE FOR SUCH SERVICE ON THE OCCASION GIVING RISE TO THE CLAIM. THE LIMITATIONS EXPRESS STATEMENTS SET FORTH IN THIS SECTION APPLY THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO ANY CLAIMS YOUR USE AND CAUSES OF ACTION WHATSOEVER, REGARDLESS ACCESS OF THE FORMS XXX.XX SERVICES AND XXX.XX SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT XXX.XX WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA, (B) ANY ERROR OR DELAY IN THE ACTIONSTRANSMISSION OF SUCH DATA, AND WHETHER OR (C) INTERRUPTION IN CONTRACTANY SUCH DATA. XXX.XX makes no representations about the accuracy, TORTorder, STRICT LIABILITY OR OTHER THEORYtimeliness or completeness of historical cryptocurrency price data available on the XXX.XX Site. XXX.XX will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but XXX.XX makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. IF YOU ARE A NEW JERSEY RESIDENT, the provisions of this Section 26 are intended to apply only to the extent permitted under New Jersey law.

Limitation of Xxxxxxxxx. XX THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY FLUENCY, INC. OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIALSPECIAL, INCIDENTAL, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGESCONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, INCLUDING LOST WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS, LOSS OF REVENUES, LOSS OF DATA, SERVICE INTERRUPTIONBUSINESS INFORMATION, OR TRANSMISSION PROBLEMS ANY OTHER PECUNIARY LOSS OR CORRUPTION DAMAGE) ARISING OUT OF DATATHE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF FLUENCY, INC., ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OR FLUENCY, INC.'S, ITS AFFILIATES', SUPPLIERS' AND RESELLERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY OTHER TYPE CLAIMS ARISING OUT OF DAMAGES OTHER THAN DIRECT DAMAGES (AND WITH DIRECT DAMAGES, ONLY TO THE EXTENT PERMITTED IN THIS AGREEMENT).NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, SERVERSTADIUM 'S TOTAL LIABILITY IN THE AGGREGATE (INCLUDING ATTORNEYS ' FEES) ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT WILL BE LIMITED TO, AND WILL NOT EXCEED, TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR RECURRING CHARGES YOU FOR THE MONTH IMMEDIATELY PRIOR TO SERVICES (IF ANY) IN THE MONTH IN WHICH THE FIRST CLAIM BROUGHT BY CUSTOMER AGAINST SERVERSTADIUM RELATING TO THIS AGREEMENT XXXXX.XX A FURTHER LIMITATION, SERVERSTADIUM 'S MAXIMUM LIABILITY RELATING TO ANY SERVICE THAT HAS A NON-RECURRING CHARGE WILL EQUAL THE AMOUNT OF THE NON- RECURRING CHARGE FOR SUCH SERVICE ON THE OCCASION GIVING RISE TO THE CLAIM. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO ANY CLAIMS AND CAUSES OF ACTION WHATSOEVER, REGARDLESS OF THE FORMS OF THE ACTIONS, AND WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY.TWELVE

Limitation of Xxxxxxxxx. XX THE MAXIMUM EXTENT MANDATED BY LAW, IN NO EVENT WILL EITHER PARTY VMWARE AND ITS LICENSORS BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY LOST PROFITS OR PUNITIVE DAMAGES, INCLUDING LOST PROFITSBUSINESS OPPORTUNITIES, LOSS OF BUSINESSUSE, LOSS OF REVENUESREVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, SERVICE INTERRUPTIONOR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR TRANSMISSION PROBLEMS CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR CORRUPTION OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DATALIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, EVEN THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. VMWARE’S AND ITS LICENSORS’ LIABILITY UNDER THIS XXXX WILL NOT, IN ANY EVENT, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE LICENSE FEES YOU PAID FOR THE SOFTWARE, IF ANY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER VMWARE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER TYPE OF DAMAGES OTHER THAN DIRECT DAMAGES (AND WITH DIRECT DAMAGES, ONLY TO THE EXTENT PERMITTED IN THIS AGREEMENT).NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, SERVERSTADIUM 'S TOTAL LIABILITY IN THE AGGREGATE (INCLUDING ATTORNEYS ' FEES) ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT WILL BE LIMITED TO, AND WILL NOT EXCEED, THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR RECURRING CHARGES FOR THE MONTH IMMEDIATELY PRIOR TO THE MONTH IN WHICH THE FIRST CLAIM BROUGHT BY CUSTOMER AGAINST SERVERSTADIUM RELATING TO THIS AGREEMENT XXXXX.XX A FURTHER LIMITATION, SERVERSTADIUM 'S MAXIMUM LIABILITY RELATING TO ANY SERVICE THAT HAS A NON-RECURRING CHARGE WILL EQUAL THE AMOUNT OF THE NON- RECURRING CHARGE FOR SUCH SERVICE ON THE OCCASION GIVING RISE TO THE CLAIM. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO ANY CLAIMS AND CAUSES OF ACTION WHATSOEVER, REGARDLESS OF THE FORMS WHETHER ANY REMEDY FAILS OF THE ACTIONS, AND WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORYITS ESSENTIAL PURPOSE.