Common use of Limitations of Liability and Indemnification Clause in Contracts

Limitations of Liability and Indemnification. By using or accessing any Services, you agree that in no event will the Website, its owner, its contributor(s), STINA, their respective officers, employees, agents, affiliates, licensees, or web hosting service be liable for any direct, indirect, incidental, punitive, actual, special, exemplary, consequential, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if the above individuals have been advised of the possibility of such damages, or such damages were reasonably foreseeable, or the above individuals were grossly negligent. Your sole remedy for any breach or default of this Agreement against such individuals shall be a return of any fees paid to them, the sum of which may be zero dollars. In no event will the collective liability of the above individuals, including their subsidiaries, affiliates, licensors, successors, service providers, content providers, employees, agents, officers, or directors, regardless of the form of action (whether in contract, tort, or otherwise) exceed these fees paid to them, if any, for the applicable service out of which such alleged liability arose. You agree to indemnify, and to defend and hold harmless, the above individuals for any and all losses, costs, liabilities, and expenses, including but not limited to court costs, legal fees, attorney fees, awards, or settlements, relating to or arising out of your use of the Website, including any breach by you of this Agreement, to the greatest extent permitted by law.

Appears in 3 contracts

Samples: Terms and Conditions of Use Agreement, Terms and Conditions of Use Agreement, Terms and Conditions of Use Agreement

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Limitations of Liability and Indemnification. By using or accessing any Services, you agree that in no event will the Website, its owner, its contributor(s), STINAMore Recycling, their respective officers, employees, agents, affiliates, licensees, or web hosting service be liable for any direct, indirect, incidental, punitive, actual, special, exemplary, consequential, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if the above individuals have been advised of the possibility of such damages, or such damages were reasonably foreseeable, or the above individuals were grossly negligent. Your sole remedy for any breach or default of this Agreement against such individuals shall be a return of any fees paid to them, the sum of which may be zero dollars. In no event will the collective liability of the above individuals, including their subsidiaries, affiliates, licensors, successors, service providers, content providers, employees, agents, officers, or directors, regardless of the form of action (whether in contract, tort, or otherwise) exceed these fees paid to them, if any, for the applicable service out of which such alleged liability arose. You agree to indemnify, and to defend and hold harmless, the above individuals for any and all losses, costs, liabilities, and expenses, including but not limited to court costs, legal fees, attorney fees, awards, or settlements, relating to or arising out of your use of the Website, including any breach by you of this Agreement, to the greatest extent permitted by law.

Appears in 2 contracts

Samples: Terms and Conditions of Use Agreement, Terms and Conditions of Use Agreement

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