Common use of Limitations of Liability Clause in Contracts

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.

Limitations of Liability. YOU UNDERSTAND Limitation of Damages. WE, THE THIRD PARTY SERVICE PROVIDERS, THE INFORMATION PROVIDERS, INFORMATION TRANSMITTERS, THIRD PARTY RESEARCH PROVIDERS, AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), ANY OTHER PERSON INVOLVED IN TRANSMITTING INFORMATION WILL NOT BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES SPECIAL OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM INDIRECT DAMAGES EVEN IF YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ADVISE THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, LIABILITYBUT IS NOT LIMITED TO, CAUSES CLAIMS FOR LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF ACTION USE OF THE INFORMATION OR CLAIMSFOR OMISSIONS OR INACCURACIES IN THE INFORMATION. AS A CONDITION TO ACCESSING OR RECEIVING THE INFORMATION OR USING THE ELECTRONIC SERVICES, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST US, ANY INFORMATION PROVIDER, RESEARCH PROVIDER, THIRD PARTY SERVICE PROVIDER, OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING ANY INFORMATION WE MAKE AVAILABLE TO YOU OR IN PROVIDING THE ELECTRONIC SERVICES. BY ACCESSING OR RECEIVING INFORMATION OR USING THE ELECTRONIC SERVICES, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF THE THIRD PARTY SERVICE PROVIDERS, THE INFORMATION PROVIDERS, THE THIRD PARTY RESEARCH PROVIDERS, OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION OR PROVIDING THE ELECTRONIC SERVICES ARISING OUT OF ANY CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE ELECTRONIC SERVICES OR INFORMATION WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE ELECTRONIC SERVICES RELATED TO YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTNOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, ITS MEMBERSHOTSCHEDULES WILL NOT, OFFICERSUNDER ANY CIRCUMSTANCES, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU SUBSCRIBER OR ANYONE ELSE ANY OF ITS AFFILIATES FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVESPECIAL, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY DAMAGES ARISING OUT OF OR RELATED TO USE THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF HOTSCHEDULES IS APPRISED OR SHOULD HAVE KNOWN OF THE AZHDR EXCEED $50.00LIKELIHOOD OF SUCH DAMAGES OCCURRING. UNDER NO CIRCUMSTANCES WILL HOTSCHEDULES' TOTAL LIABILITY OF ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE KIND ARISING OUT OF OR IN RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, OR OTHERWISE, AND REGARDLESS EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY SUBSCRIBER TO HOTSCHEDULES UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF WHETHER SUCH DAMAGES, THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE THIS LIMIT. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, CAUSES DISCLAIMER OF ACTION WARRANTIES, OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY HOTSCHEDULES TO SUBSCRIBER AND IS AN ESSENTIAL ELEMENT OF THE POSSIBILITY BASIS OF SUCH DAMAGES, LIABILITY, CAUSES THE BARGAIN BETWEEN THE PARTIES. EACH OF ACTION OR CLAIMSTHESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 8 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.

Limitations of Liability. YOU UNDERSTAND WE AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR LOST PROFITSDATA), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, LIABILITYNEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, CAUSES REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ACTION ANY (I) TERMINATION OR CLAIMSSUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (c) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL MARKETING 360® SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)SPECIAL, PUNITIVEEXEMPLARY, OR EXEMPLARY PUNITIVE DAMAGES, PENALTIESLOST PROFITS OR REVENUES, OR SPECIAL LIABILITY DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISEOTHERWISE EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO MARKETING 360® FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, MARKETING 360® IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO ANY CONTENT, OMISSIONS, OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS, OR ON SOCIAL MEDIA OR ANY LOSS, DAMAGE, CORRUPTION, OR BREACH OF CLIENT DATA WITHIN CLIENT’S MARKETING 360® ACCOUNT. WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE IN CONJUNCTION WITH THESE SERVICES. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND HGST’S OBLIGATION UNDER THIS OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, IS LIMITED TO REPAIR, REPLACEMENT OR REFUND, AS SET FORTH ABOVE. THESE REMEDIES ARE HGST’S ONLY OBLIGATION AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR THE SOLE AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HGST IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT BREACH OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESWARRANTY, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)OR ANY OTHER LEGAL THEORY INCLUDING, WITHOUT LIMITATION, LOSS OF PRODUCTIVITY, LOST PROFITS, LOSS OF GOODWILL, DAMAGE TO OR REPLACEMENT OF REAL OR PERSONAL PROPERTY, OR OTHERWISEANY COSTS OF RECOVERING, AND REGARDLESS OF WHETHER SUCH DAMAGESREPROGRAMMING, LIABILITYOR REPRODUCING ANY PROGRAM OR DATA STORED IN THE PRODUCT OR IN A COMPUTER SYSTEM INCORPORATING THE PRODUCT, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF HGST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, LIABILITYAND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE OR JURISDICTION. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CAUSES OF ACTION SO THE ABOVE LIMITATIONS OR CLAIMSEXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL HGST’S TOTAL LIABILITY EXCEED THE ORIGINAL PURCHASE PRICE PAID FOR THE PRODUCT.

Limitations of Liability. YOU UNDERSTAND 11.1 WE AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR OUR AFFILIATES AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), THIRD PARTY LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)SPECIAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGESDAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, PENALTIESGOODWILL, USE, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCEDATA), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, LIABILITYNEITHER WE NOR ANY OF OUR AFFILIATES OR THIRD PARTY LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, CAUSES REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (i) YOUR INABILITY TO USE THE SERVICES OR LICENSOR PRODUCTS, INCLUDING AS A RESULT OF ACTION ANY (a) TERMINATION OR CLAIMSSUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR LICENSOR PRODUCTS, (b) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES OR LICENSOR PRODUCTS, OR, (c) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iii) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR LICENSOR PRODUCTS; OR (iv) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND THIRD PARTY LICENSORS’ TOTAL, AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 3 MONTH PERIOD PRECEDING THE CLAIM.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTUNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE WHETHER IN THE AGREEMENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS IN TORT (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”INCLUDING GROSS NEGLIGENCE), WILL NOT BE LIABLE TO YOU UNDER ANY WARRANTY OR ANYONE ELSE OTHERWISE, FOR ANY INDIRECT, INCIDENTALSPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES DAMAGES OR LOST PROFITS), PUNITIVEFOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR EXEMPLARY DAMAGES, PENALTIESANY LOSS OF PROFITS OR REVENUES, OR SPECIAL LIABILITY ANY COST OF LABOR, RESULTING FROM OR ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNELTHE PRODUCT OR SELLER’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)PERFORMANCE UNDER, OR OTHERWISEBREACH OF, AND REGARDLESS OF WHETHER SUCH DAMAGESTHIS AGREEMENT, LIABILITY, CAUSES OF ACTION EVEN IF THE BUYER OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE SELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH DELAY OF ANY PRODUCT DELIVERY OR PART THEREOF. FOR THE AVOIDANCE OF DOUBT, CAUSES THE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT EXCEED THE PRICE PAID TO THE SELLER BY THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF ACTION LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR CLAIMSEXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION. 8.1.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL MARKETING 360 SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR LOST PROFITS)DIMINUTION IN VALUE, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO MARKETING 360 FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, MARKETING 360 IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO CONTENT, OMISSIONS OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA.WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE IN CONJUNCTION WITH THESE SERVICES. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND UNLESS APPLICABLE LAW OTHERWISE REQUIRES, SELLER’S AND AGREE THAT HEALTH CURRENTANY VENDOR’S TOTAL LIABILITY TO BUYER, ITS MEMBERSBUYER’S CUSTOMERS OR TO ANY OTHER PERSON, OFFICERSRELATING TO ANY PURCHASES GOVERNED BY THESE TERMS & CONDITIONS, DIRECTORSFROM THE USE OF THE GOODS FURNISHED OR FROM ANY ADVICE, REPRESENTATIVESINFORMATION OR ASSISTANCE PROVIDED BY SELLER (BY ANY METHOD, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”INCLUDING A WEB SITE), WILL NOT IS LIMITED TO THE PRICE OF THE GOODS GIVING RISE TO THE CLAIM. NEITHER SELLER NOR ITS VENDORS SHALL BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECTSPECIAL, INCIDENTAL, DIRECT, CONSEQUENTIAL OR PENAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES INCLUDING, BUT NOT LIMITED TO BACKCHARGES, LABOR COSTS, COSTS OF REMOVAL, REPLACEMENT, TESTING OR LOST PROFITS)INSTALLATION, PUNITIVELOSS OF EFFICIENCY, LOSS OF PROFITS OR EXEMPLARY DAMAGESREVENUES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT LOSS OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00GOODS OR ANY ASSOCIATED GOODS, DAMAGE TO ASSOCIATED GOODS, LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF GOODS, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME, OR CLAIMS FROM BUYER’S CUSTOMERS OR OTHER PARTIES). IF SELLER FURNISHES BUYER WITH ADVICE OR OTHER ASSISTANCE WHICH CONCERNS ANY CAUSE OF ACTION GOODS SUPPLIED HEREUNDER, OR CLAIM YOU ANY SYSTEM OR EQUIPMENT IN WHICH ANY SUCH GOODS MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEINSTALLED, AND YOU AGREE WHICH IS NOT REQUIRED PURSUANT TO SEEK THESE TERMS & CONDITIONS, THE FURNISHING OF SUCH ADVICE OR ASSISTANCE WILL NOT SUBJECT SELLER TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, ANY LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSOTHER GROUNDS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT NO PARTY SHALL BE LIABLE TO YOU (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY, OR ANYONE ELSE OTHERWISE) FOR ANY SPECIAL, INDIRECT, INCIDENTALPUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING LOST PROFITS AND ANY OTHER DAMAGES WHICH CANNOT BE READILY ASCERTAINED AND QUANTIFIED, FOR ANY BREACH OF A REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT IF, AFTER THE INVESTOR SHALL HAVE ACTUALLY FUNDED ITS INVESTOR INITIAL FUNDING DATE CONTRIBUTION IN RESPECT OF THE FACILITY COMPANY, ANY PART OF THE ITC IS LOST, REDUCED, RECAPTURED, DISALLOWED OR NOT CLAIMED BECAUSE CLASS B MEMBER OR ITS AFFILIATE, PERSON WITH A DIRECT OR INDIRECT INTEREST THEREIN OR ANY FACILITY ENTITY BREACHES ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION, ANY FEDERAL TAX DETRIMENTS SUFFERED AS RESULT OF SUCH RECAPTURE, LOSS, REDUCTION, DISALLOWANCE OR INABILITY TO CLAIM (INCLUDING WITHOUT LIMITATION LOST REVENUES LIMITATION, RECOMPUTATION OF TAX, CHANGE IN DISTRIBUTIVE SHARE OF TAX DEPRECIATION OR LOST PROFITS), PUNITIVE, TAXABLE INCOME OR EXEMPLARY DAMAGESLOSS, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSINTEREST AND ADDITIONS TO TAX) SHALL NOT CONSTITUTE CONSEQUENTIAL DAMAGES. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE THE OBLIGATIONS OF THE AZHDR EXCEED $50.00. PARTIES UNDER THIS AGREEMENT ARE OBLIGATIONS OF THE PARTIES ONLY AND NO RECOURSE SHALL BE AVAILABLE UNDER THIS AGREEMENT AGAINST ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESOFFICER, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEDIRECTOR, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLEMANAGER, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESMEMBER, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)PARTNER, OR OTHERWISE, AND REGARDLESS AFFILIATE OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.ANY PARTY. [SIGNATURE PAGE FOLLOWS]

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL MARKETING 360® SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)SPECIAL, PUNITIVEEXEMPLARY, OR EXEMPLARY PUNITIVE DAMAGES, PENALTIESLOST PROFITS OR REVENUES, OR SPECIAL LIABILITY DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISEOTHERWISE EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO MARKETING 360® IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM. WITHOUT LIMITING THE FOREGOING, MARKETING 360® IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO ANY CONTENT, OMISSIONS, OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS, OR ON SOCIAL MEDIA OR ANY LOSS, DAMAGE, CORRUPTION, OR BREACH OF CLIENT DATA WITHIN CLIENT’S MARKETING 360® ACCOUNT. WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE IN CONJUNCTION WITH THESE SERVICES. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND WE AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR OUR AFFILIATES AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR LOST PROFITSDATA), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, LIABILITYNEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, CAUSES REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ACTION ANY (I) TERMINATION OR CLAIMSSUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTION 9.2, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION 11 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTQCNY’S TOTAL LIABILITY ON ANY AND ALL CAUSES OF ACTION OR CLAIMS FOR LOSSES OR DAMAGES UNDER ANY THEORY OF LIABILITY, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY PURCHASE MADE BY YOU, OR FROM THE PERFORMANCE OR BREACH OF THE AGREEMENT OR FROM THE PROVISION OR SALE OF ANY SERVICES OR GOODS PROVIDED TO YOU WILL BE LIMITED TO THE AMOUNTS PAID BY YOU TO QCNY FOR THE GOODS OR SERVICES AT ISSUE DURING THE PRIOR TWELVE (12) MONTH PERIOD PRECEDING THE DATE THAT YOUR CLAIM FOR LIABILITY ARISES HEREUNDER. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL QCNY, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVESSHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, VENDOR AND BUSINESS PARTNERS SUCCESSORS, HEIRS, ASSIGNS, SUPPLIERS, LICENSORS, AGENTS OR SUBCONTRACTORS OR OTHERS INVOLVED IN PROVIDING THE SPA SERVICES OR PRODUCTS (COLLECTIVELY, THE “HEALTH CURRENT PERSONNELCOVERED PARTIES”), WILL NOT ) BE LIABLE TO YOU OR ANYONE ELSE FOR (1) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, EXEMPLARY, COMPENSATORY OR EXEMPLARY CONSEQUENTIAL DAMAGES WHATSOEVER; (2) ANY DAMAGES, PENALTIES, INJURY OR SPECIAL LIABILITY LOSS ARISING OUT OF FROM OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE THE USE, ACCESS, AND ENJOYMENT OF THE AZHDR EXCEED $50.00. QCNY SPA OR PRODUCTS, OR ACTIONS BY ANY CAUSE OF ACTION THIRD PARTIES INCLUDING OTHER CUSTOMERS, GUESTS OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY CONTRACTORS WHETHER SUCH DAMAGESLIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACTWARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, , OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED NOT THE COVERED PARTIES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGESLOSS, LIABILITYINJURY OR DAMAGE. FOR THE AVOIDANCE OF DOUBT, CAUSES YOU HEREBY EXPRESSLY AGREE THAT THE CATEGORIES OF ACTION DAMAGES DESCRIBED HEREIN CONSTITUTE SPECIAL, INCIDENTAL, PUNITIVE OR CLAIMSCONSEQUENTIAL DAMAGES REGARDLESS OF WHETHER SUCH DAMAGES WOULD BE CONSIDERED DIRECT DAMAGES UNDER ANY APPLICABLE LAW GOVERNING THE AGREEMENT. YOU AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Nothing in the Agreement removes or limits QCNY’s liability for intentional wrongdoing or gross negligence.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOKIA, ITS MEMBERS, AFFILIATES (INCLUDING THE OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AND REPRESENTATIVES OR NOKIA OR ITS AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT LICENSORS, RESELLERS OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE BUYER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIESINCIDENTAL, OR SPECIAL LIABILITY ARISING OUT DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM MALICIOUS SOFTWARE, LOSS OF USE, DATA OR IN PROFITS (HOWEVER CAUSED AND UNDER ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT THEORY OF OR RELATED TO USE OF LIABILITY), EVEN IF NOKIA, ITS AFFILIATES (INCLUDING THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESOFFICERS, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEDIRECTORS, EMPLOYEES, AGENTS, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION REPRESENTATIVES OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCENOKIA OR ITS AFFILIATES), LICENSORS, RESELLERS OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NOKIA’S, LIABILITYITS AFFILIATES’, CAUSES LICENSORS’ OR SUPPLIER’S LIABILITY FOR A PRODUCT (WHETHER ASSERTED AS A TORT CLAIM, A CONTRACT CLAIM, AN EQUITY CLAIM OR OTHERWISE) EXCEED THE AMOUNTS PAID TO NOKIA FOR SUCH PRODUCT(S). IN NO EVENT WILL NOKIA, ITS AFFILIATES (INCLUDING THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OR NOKIA OR ITS AFFILIATES), LICENSORS, RESELLERS OR SUPPLIERS BE LIABLE FOR (I) COSTS OF ACTION PROCUREMENT OF SUBSTITUTE GOODS BY BUYER; (II) LOSS OF BUSINESS OR CLAIMSWORK INTERRUPTION; OR (III) DAMAGES ARISING OUT OF LATE DELIVERY OF THE PRODUCTS. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY TO ALL LIABILITIES THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. THESE LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATIONS SET FORTH IN THIS SECTION 8 SHALL APPLY WHERE THE DAMAGES ARISE OUT OF OR RELATE TO THIS AGREEMENT.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTEXCEPT FOR ANY BREACH OF INTELLECTUAL PROPERTY OBLIGATIONS, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST REVENUES, LOST SAVINGS, OR HARM TO BUSINESS. EACH PARTY HEREBY RELEASES THE OTHER PARTY, ITS MEMBERSSUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, AND THEIR RESPECTIVE TRUSTEES, OFFICERS, DIRECTORS, REPRESENTATIVESELECTED OFFICIALS, MUNICIPAL STAFF, MANAGERS, EMPLOYEES, AND AGENTS, AFFILIATESFROM ANY SUCH CLAIM. IN PARTICULAR WITH RESPECT TO CONSTRUCTION, VENDOR NETWORK PROVIDER'S LIABILITY TO THE CITY FOR PROPERTY DAMAGE CAUSED BY ANY CONSTRUCTION WORK PERFORMED BY NETWORK PROVIDER WILL BE LIMITED TO THE COST OF REPAIRING THE DAMAGED PROPERTY. NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE CONTRARY, (A) THE CITY DOES NOT WAIVE ANY IMMUNITY FROM PUNITIVE DAMAGES AVAILABLE UNDER APPLICABLE KANSAS LAW, (B) THE PARTIES AGREE THAT THE TERMS OF THIS SECTION 7, AND BUSINESS PARTNERS THE TERMS OF THIS AGREEMENT, SHALL BE SUBJECT TO AND LIMITED BY THE KANSAS CASH BASIS LAW (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”K.S.A. 10-1100 ET SEQ.), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL THE BUDGET LAW (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITSK.S.A. 75-2935 ET SEQ.) AND THE KANSAS TORT CLAIMS ACT (K.S.A. 75-6101 ET SEQ.), PUNITIVEAND ALL AMENDMENTS TO SUCH LAWS, OR EXEMPLARY DAMAGESRESPECTIVELY, PENALTIES, OR SPECIAL AND (C) ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR CITY HEREUNDER SHALL BE SUBJECT TO THE LIABILITY LIMITATIONS SET FORTH IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEK.S.A. 75-6105, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSAMENDMENTS THERETO.

Limitations of Liability. YOU UNDERSTAND 12.1 THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND AGREE THAT HEALTH CURRENTMEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, ITS MEMBERSSUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, OFFICERSTHE OBLIGOR’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, DIRECTORSTHE OBLIGOR’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, REPRESENTATIVESSUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE DAMAGES. UNLESS EXPRESSLY HEREIN PROVIDED, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT NEITHER PARTY SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, EXEMPLARY OR EXEMPLARY INDIRECT DAMAGES, PENALTIESLOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT OR OTHERWISE. . TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE AZHDR EXCEED $50.00HARM OR LOSS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER NOTWITHSTANDING THE CAUSE OF ACTION ACCRUESFOREGOING, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT PROVIDER SHALL REMAIN LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLEWITHOUT MONETARY LIMITATION, FOR DIRECT DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY ATTRIBUTABLE TO THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION NEGLIGENCE OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, OTHER TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPROVIDER, LIABILITYITS OFFICERS, CAUSES OF ACTION EMPLOYEES OR CLAIMSAGENTS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTIN NO EVENT WILL VCC OR ITS SUPPLIERS BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, ITS MEMBERSLOSS OF USE, OFFICERSLOSS OF REVENUE, DIRECTORSLOSS OF GOODWILL, REPRESENTATIVESANY INTERRUPTION OF BUSINESS, EMPLOYEESOR FOR ANY INDIRECT, AGENTSSPECIAL, AFFILIATESINCIDENTAL, VENDOR AND BUSINESS PARTNERS EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (COLLECTIVELY, “HEALTH CURRENT PERSONNELDAMAGES”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ) ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF THE AGREEMENT OR RELATED TO USE THE PRODUCTS REGARDLESS OF THE AZHDR EXCEED $50.00FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF VCC HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. VCC’S TOTAL CUMULATIVE LIABILITY FOR ANY CAUSE OF ACTION LOSSES OR CLAIM YOU MAY HAVE ANY DIRECT DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER CONNECTION WITH THE CAUSE AGREEMENT OR THE PRODUCTS REGARDLESS OF ACTION ACCRUESTHE FORM OF ACTION, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF IN CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION EVEN IF VCC HAS BEEN ADVISED OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITYWILL NOT EXCEED THE AMOUNT PAYABLE BY BUYER TO VCC FOR THE PRODUCTS PURCHASED PURSUANT TO THE ORDER, CAUSES OR THE AMOUNT PAID BY BUYER, IF THE CLAIM IS BROUGHT BY BUYER. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THE FOREGOING REMEDIES ARE EXCLUSIVE, AND BUYER WAIVES AND RELEASES ALL OTHER WARRANTIES, OBLIGATIONS, AND LIABILITIES OF ACTION VCC AND ALL OTHER REMEDIES, CLAIMS, AND RIGHTS THAT BUYER MAY HAVE RELATING IN ANY WAY TO THE PRODUCTS COVERED BY THESE TERMS AND CONDITIONS, WHETHER ARISING FROM CONTRACT, WARRANTY, STRICT LIABILITY OR CLAIMSTORT OR FROM OUR NEGLIGENCE, TORT, OR OTHER FAULT, INCLUDING CLAIMS FOR LOSS OF OR DAMAGE TO THE PRODUCTS.

Limitations of Liability. EXCEPT TO THE EXTENT PROHIBITED BY THE APPLICABLE RULES OR OTHERWISE PROVIDED IN YOUR ACCOUNT AGREEMENT, YOU UNDERSTAND AGREE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. WE WILL EXERCISE ORDINARY CARE IN PROVIDING AND MAINTAINING THE SERVICES. WE WILL ONLY BE LIABLE IF DAMAGE IS CAUSED DUE TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN NO EVENT SHALL CLERICAL ERRORS OR MISTAKES OF JUDGMENTS CONSTITUE FAILURE TO EXERCISE ORDINARY CARE. BOTH PARTIES ACKNOWLEDGE AND AGREE THAT HEALTH CURRENTTHE LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE A BARGAINED FOR ALLOCATION OF RISK. YOU AGREE THAT OUR OBLIGATIONS TO YOU ARE LIMITED TO THOSE IDENTIFIED WITHIN THIS AGREEMENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL WHICH ARE YOUR EXCLUSIVE REMEDY. YOU AGREE THAT WE OR OUR THIRD PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE ANY OTHER PARTY FOR ANY CONSEQUENTIONAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)SPECIAL EXEMPLARY, PUNITIVE, OR EXEMPLARY INCIDENTAL DAMAGES, PENALTIESINCLUDING LOST PROFITS, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT THE SERVICES, INCLUDING FOR MAINTENANCE OF AND COMPATIBILITY ISSUES WITH THE SERVICES OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION ISSUES WITH INTERNET ACCESS, EVEN IF WE OR CLAIM YOU MAY OUR SERVICE PROVIDERS HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY LIABLE FOR ANY ERRORS YOU MAKE IN USING THE SERVICES, LIABILITYINCLUDING BUT NOT LIMITED TO ENTERING IN THE WRONG ACCOUNT NUMBER OR TRANSACTION AMOUNT. WE ARE ALSO NOT LIABLE FOR DAMAGES OR LOSS YOUR DEVICES EXPERIENCE BECAUSE OF VIRSUES OR DEFECTS YOU HAVE BEEN INFECTED WITH THROUGH YOUR ACCESS TO AND USE OF THE SERVICES, CAUSES OF ACTION UNLESS SUCH VIRUSES OR CLAIMSDEFECTS ARE DUE TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL MARKETING 360 SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR LOST PROFITS)DIMINUTION IN VALUE, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO MARKETING 360 FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, MARKETING 360 IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO CONTENT, OMISSIONS OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA.WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT NO PARTY SHALL BE LIABLE TO YOU (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY, OR ANYONE ELSE OTHERWISE) FOR ANY SPECIAL, INDIRECT, INCIDENTALPUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING LOST PROFITS AND ANY OTHER DAMAGES WHICH CANNOT BE READILY ASCERTAINED AND QUANTIFIED, FOR ANY BREACH OF A REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT IF, AFTER THE INVESTOR SHALL HAVE ACTUALLY FUNDED ITS INVESTOR INITIAL FUNDING DATE CONTRIBUTION IN RESPECT OF THE FACILITY COMPANY, ANY PART OF THE ITC IS LOST, REDUCED, RECAPTURED, DISALLOWED OR NOT CLAIMED BECAUSE CLASS B MEMBER OR ITS AFFILIATE, PERSON WITH A DIRECT OR INDIRECT INTEREST THEREIN OR ANY FACILITY ENTITY BREACHES ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION, ANY FEDERAL TAX DETRIMENTS SUFFERED AS RESULT OF SUCH RECAPTURE, LOSS, REDUCTION, DISALLOWANCE OR INABILITY TO CLAIM (INCLUDING WITHOUT LIMITATION LOST REVENUES LIMITATION, RECOMPUTATION OF TAX, CHANGE IN DISTRIBUTIVE SHARE OF TAX DEPRECIATION OR LOST PROFITS), PUNITIVE, TAXABLE INCOME OR EXEMPLARY DAMAGESLOSS, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSINTEREST AND ADDITIONS TO TAX) SHALL NOT CONSTITUTE CONSEQUENTIAL DAMAGES. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE THE OBLIGATIONS OF THE AZHDR EXCEED $50.00. PARTIES UNDER THIS AGREEMENT ARE OBLIGATIONS OF THE PARTIES ONLY AND NO RECOURSE SHALL BE AVAILABLE UNDER THIS AGREEMENT AGAINST ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESOFFICER, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEDIRECTOR, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLEMANAGER, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESMEMBER, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)PARTNER, OR OTHERWISE, AND REGARDLESS AFFILIATE OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSANY PARTY.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTIn the event of Socket Mobile’s breach of this Agreement, ITS MEMBERSYour sole remedy shall be the termination of this Agreement. NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL SOCKET MOBILE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE YOU, YOUR AFFILIATES, AND END USERS FOR ANY INDIRECTDAMAGES/LOSSES WHATSOEVER ARISING OUT OF, INCIDENTALIN CONNECTION WITH, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVERELATING TO, OR EXEMPLARY DAMAGESRESULTING FROM THIS AGREEMENT, PENALTIESINCLUDING BUT NOT LIMITED TO SOCKET MOBILE SOFTWARE OR ANY PORTIONS THEREOF, OR SPECIAL LIABILITY ARISING OUT SOCKET MOBILE’S LICENSE GRANT OF OR IN ANY WAY CONNECTED WITH SOCKET MOBILE SOFTWARE, YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT EXERCISE OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLERIGHTS UNDER THIS AGREEMENT, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIESYOUR APPLICATION(S). THE FOREGOING LIMITATIONS WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO ANY AND ALL DAMAGES/LOSSES, HOWEVER CAUSED , WHETHER SUCH DAMAGESIMPOSED BY CONTRACT, LIABILITYLAW, CAUSES STATUTE, OR AS A RESULT OF A COURSE OF DEALING, CUSTOM, USEAGE OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION OR CLAIMS ARISE OUT OF BREACH THAT MAY BE BROUGHT AGAINST SOCKET MOBILE,WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, PROPRIETARY OR INTELLECTUAL RIGHTS, OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF SOCKET MOBILE HAS BEEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOCKET MOBILE’S AGGREGATE LIABILITY TO THE YOU UNDER THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE AMOUNTS PAYABLE, LIABILITYOR ACTUALLY PAID, CAUSES OF ACTION OR CLAIMSBY YOU TO SOCKET MOBILE UNDER THIS AGREEMENT.

Limitations of Liability. YOU UNDERSTAND 9.1 CHC’S REPRESENTATIONS AND AGREE THAT WARRANTIES ARE THOSE SET FORTH IN ARTICLE 9 OF THIS AGREEMENT. CHC DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. CHC DOES NOT GUARANTEE THE PAYMENT OR THE TIMING OF PAYMENT OF ANY CLAIMS SUBMITTED THROUGH THE CHC SERVICES. PAYMENT REMAINS THE RESPONSIBILITY OF THE PARTICULAR PAYER OF HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE CARE SERVICES AND/OR SUPPLIER TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSWHICH THE PROVIDER IS SUBMITTING. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF SHALL CHC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH SPECIAL DAMAGES, LIABILITYINCLUDING BUT NOT LIMITED TO LOST PROFITS, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF CHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHC’S AGGREGATE LIABILITY TO PROVIDER UNDER THIS AGREEMENT AND WITH RESPECT TO THE CHC IP FURNISHED HEREUNDER (WHETHER UNDER CONTRACT, LIABILITYTORT, CAUSES OR ANY OTHER THEORY OF ACTION LAW OR CLAIMSEQUITY) SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE PRICE PAID BY PROVIDER TO CHC FOR THE PARTICULAR CHC IP INVOLVED DURING THE ONE YEAR PRECEDING PROVIDER’S CLAIM. THE FOREGOING LIMITATION OF LIABILITY REPRESENTS THE ALLOCATION OF RISK OF FAILURE BETWEEN THE PARTIES AS REFLECTED IN THE PRICING HEREUNDER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Limitations of Liability. YOU UNDERSTAND 9.1 CHCíS ONLY REPRESENTATIONS AND AGREE THAT WARRANTIES ARE THOSE SET FORTH IN ARTICLE 9 OF THIS AGREEMENT, AND CHC EXPLICITLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. CHC DOES NOT GUARANTEE THE PAYMENT OR THE TIMING OF PAYMENT OF ANY CLAIMS SUBMITTED THROUGH THE CHC SERVICES. PAYMENT REMAINS THE RESPONSIBILITY OF THE PARTICULAR PAYER OF HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, CARE SERVICES AND/OR SUPPLIER TO WHICH THE VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSVENDORíS CUSTOMER IS SUBMITTING. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF SHALL CHC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE SPECIAL DAMAGES EVEN IF CHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHCíS AGGREGATE LIABILITY TO VENDOR AND VENDORíS CUSTOMERS UNDER THIS AGREEMENT AND WITH RESPECT TO CHC SERVICES, LIABILITYAND CHC MATERIALS FURNISHED HEREUNDER (WHETHER UNDER CONTRACT, CAUSES TORT OR ANY OTHER THEORY OF ACTION LAW OR CLAIMSEQUITY) SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE LESSER OF (A) THE PRICE PAID BY VENDOR TO CHC FOR THE PARTICULAR CHC SERVICES, AND/OR CHC MATERIALS DURING THE ONE (1) YEAR PRECEDING VENDORíS CLAIM; OR (B) $10,000. THE FOREGOING LIMITATION OF LIABILITY REPRESENTS THE ALLOCATION OF RISK OF FAILURE BETWEEN THE PARTIES AS REFLECTED IN THE PRICING HEREUNDER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, IN NO EVENT SHALL THE COMPANY OR ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVESAGENTS, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELYDIRECTORS OR OFFICERS OR ANY THIRD PARTY PROVIDERS, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE LICENSORS OR SUPPLIERS HAVE ANY LIABILITY TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEOTHER THIRD PARTY, AND YOU AGREE NOT TO SEEK RELEASE AND HOLD THE COMPANY AND ITS AGENTS, EMPLOYEES, AFFILIATES, DIRECTORS AND OFFICERS AND ANY THIRD PARTY PROVIDERS, LICENSORS AND SUPPLIERS HARMLESS FROM, ANY LIABILITY ARISING FROM (A) ANY DELAYS IN THE PERFORMANCE OF THE SERVICES; (B) ANY THIRD PARTY SOFTWARE; (C) THE PERFORMANCE OF THE SERVICES, EXCEPT AND ONLY TO HOLD THEM LIABLETHE EXTENT THAT THE COMPANY IS GROSSLY NEGLIGENT IN PERFORMING THE SERVICES; OR (D) CONSEQUENTIAL, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESEXEMPLARY, LIABILITYINCIDENTAL, CAUSES OF ACTION SPECIAL OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATE STATUTES MAY APPLY RESTRICTIONS REGARDING LIMITATIONS ON LIABILITY. THE SOLE AND MAXIMUM LIABILITY OF THE COMPANY AND ITS AGENTS, LIABILITYEMPLOYEES, CAUSES AFFILIATES, DIRECTORS, OFFICERS AND THIRD PARTY PROVIDERS, LICENSORS AND SUPPLIERS, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS WHATSOEVER, WHETHER BASED ON BREACH OF ACTION CONTRACT, BREACH OF WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR CLAIMSOTHERWISE, SHALL BE LIMITED TO THE AMOUNT THAT YOU PAID FOR THE SERVICES WITHIN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL CLAIM MADE BY YOU IN WHICH THE COMPANY IS LIABLE TO YOU FOR SUCH CLAIM. YOU ACKNOWLEDGE THAT THE COMPANY HAS SET ITS FEES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT AND THAT THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF PORTIONS OF THIS AGREEMENT ARE FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTEXCEPT FOR THE REMEDIES SPECIFICALLY PROVIDED IN THIS LIMITED WARRANTY, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT UNDER NO CIRCUMSTANCES SHALL PWT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES BECAUSE OF THE FAILURE OF PWT TREATED™ LVL, OR FOR ANY CLAIMED DEFECT IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY DAMAGES BECAUSE OF DAMAGE OR HARM TO OR LOSS OF OTHER PROPERTY, LOSS OF TIME, LOSS OF USE, LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION, LABOR COSTS, MATERIAL COSTS, INVESTIGATION COSTS, TESTING COSTS, COSTS OF INSTALLATION OR REINSTALLATION, ATTORNEYS’ FEES, EXPERT FEES, PERSONAL INJURY (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITSBUT NOT LIMITED TO DEATH), PUNITIVEDAMAGE TO REAL OR PERSONAL PROPERTY, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLETEMPORARY LIVING EXPENSES, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLEANY AND ALL OTHER SIMILAR COSTS AND EXPENSES, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, IN TORT OR OTHERWISE. EXCEPT FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESSPECIFIC WARRANTY COVERAGE SET FORTH IN THIS LIMITED WARRANTY, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISEPWT DOES NOT MAKE, AND REGARDLESS HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO PWT TREATED™ LVL, AND/OR THE PERFORMANCE, APPLICATION OR USE THEREOF, AND ALL SUCH DAMAGESOTHER REPRESENTATIONS AND WARRANTIES, LIABILITYINCLUDING BUT NOT LIMITED TO, CAUSES THE IMPLIED WARRANTIES OF ACTION MERCHANTABILITY AND/OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGESFITNESS FOR A PARTICULAR PURPOSE, LIABILITYARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. Some States or Provinces do not allow the exclusion or limitation of incidental or consequential damages, CAUSES OF ACTION OR CLAIMSso the above limitation or exclusion may not apply to Purchaser. This warranty gives Purchaser specific legal rights, and Purchaser may also have other rights that vary from State to State or Province to Province.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), IN NO EVENT WILL MSSB OR CGM BE RESPONSIBLE FOR ANY OF YOUR LOSSES OTHER THAN DIRECT LOSSES ARISING SOLELY AS A RESULT OF MSSB’S OR CGM’S NEGILIGENCE OR WILLFUL MISCONDUCT. MSSB OR CGM SHALL NOT BE REQUIRED TO PAY OR BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTALOR PUNITIVE DAMAGES, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OPPORTUNITY COSTS, OR LOST PROFITS), PUNITIVE, PROFITS (WHETHER OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY NOT ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FROM ITS NEGLIGENCE AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED THE PARTY WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES). NEITHER MSSB NOR CGM SHALL BE LIABLE IF THE PERFORMANCE OF THEIR RESPECTIVE OBLIGATIONS UNDER THIS AGREEMENT IS DELAYED OR RENDERED IMPOSSIBLE DUE TO FIRE, LIABILITYFLOOD, CAUSES STRIKE, WAR, ACT OF ACTION TERRORISM, ACT OF GOD, GOVERNMENTAL ACTION, OR CLAIMSANY OTHER CAUSE BEYOND MSSB’S OR CGM’S CONTROL. IN ANY SUCH CASE, MSSB OR CGM MAY IN ITS REASONABLE DISCRETION CANCEL ORDERS RESTING ON ELECTRONIC ORDER ENTRY OR EXECUTION SYSTEMS. ORDERS FOR THE ACCOUNT MAY FROM TIME TO TIME BE ENTERED, EXECUTED, OR BOTH THROUGH ELECTRONIC ORDER ENTRY OR EXECUTION SYSTEMS. IN ANY SUCH CASE, MSSB OR CGM SHALL HAVE NO LIABILTY FOR ANY LOSS INCURRED BY CUSTOMER DUE TO THE FAILURE OR MALFUNCTION OF ANY COMPUTER HARDWARE OR SOFTWARE OR TRANSMISSION DEVICE OR SERVICE UTILIZED UNLESS SUCH FAILURE OR MALFUNCTION DIRECTLY RESULTS FROM MSSB’S OR CGM’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Limitations of Liability. YOU UNDERSTAND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE WARRANTY AND AGREE THAT HEALTH CURRENTOTHER DISCLAIMERS IN THIS AGREEMENT, IN NO EVENT SHALL TOMOFUN, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES, VENDOR AND BUSINESS PARTNERS BE (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE A) LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL (OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST LIMITATION, LOSS OF PROFITS), PUNITIVEDATA, USE, GOODWILL, OR EXEMPLARY DAMAGESOTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO THE SERVICES, PENALTIES, WHETHER OR SPECIAL LIABILITY ARISING OUT NOT WE HAVE BEEN INFORMED OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY SHOULD HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND (B) HAVE TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO (A) ABOVE, ARISING FROM OR RELATED TO THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO TOMOFUN OR AN AUTHORIZED TOMOFUN RESELLER FOR THE SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS (IF ANY). TOMOFUN DISCLAIMS ALL LIABILITY OF ANY KIND OF TOMOFUN’S LICENSORS AND SUPPLIERS. TOMOFUN DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO ANY CONTENT OR PRIVATE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR PRIVATE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR PRIVATE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF, OR EXPOSURE TO, ANY CONTENT OR PRIVATE CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, DISSEMINATED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THIS SECTION SHALL APPLY EVEN IF TOMOFUN IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, STRICT PRODUCT LIABILITY, CAUSES OR ANY OTHER LEGAL THEORY OF ACTION LIABILITY. FOR THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL, RECKLESS MISCONDUCT, OR CLAIMSGROSS NEGLIGENCE OF TOMOFUN.

Limitations of Liability. YOU UNDERSTAND NO CONSEQUENTIAL-TYPE DAMAGES. Bolt AND AGREE THAT HEALTH CURRENTOUR LICENSORS, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVESAGENTS, EMPLOYEES, AGENTSOFFICERS AND/OR THIRD-PARTY VENDORS (“ Bolt PARTIES”) ARE NOT LIABLE FOR CONSEQUENTIAL, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)SPECIAL, EXEMPLARY, PUNITIVE, OR EXEMPLARY DAMAGESENHANCED DAMAGES WHATSOEVER, PENALTIESINCLUDING DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR SPECIAL LIABILITY ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY ARISING OUT OF OF, OR RELATING TO, OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT THIS AGREEMENT AND THE SERVICES, REGARDLESS OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1I) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESDAMAGES WERE FORESEEABLE, LIABILITY, CAUSES OF ACTION (II) WHETHER OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. • ABSOLUTE LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE Bolt PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES, CAUSES WHETHER ARISING OUT OF ACTION OR CLAIMSRELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO Bolt FOR THE SERVICES DURING THE PREVIOUS MONTH OR $500, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Limitations of Liability. YOU UNDERSTAND 12.1 Disclaimer. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, DEDRONE MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING OR RELATING TO ANY PRODUCT OR THIRD-PARTY HARDWARE, OR ANY MATERIAL OR SERVICE FURNISHED OR PROVIDED TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT, INCLUDING UPDATES OR SUPPORT. WITHOUT LIMITING THE FOREGOING, DEDRONE HEREBY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR TITLE. DEDRONE DOES NOT WARRANT THAT ANY PRODUCT WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS, THAT USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, DEDRONE DOES NOT GUARANTEE ANY RESULT OF ANY PRODUCT, AND AGREE IN NO EVENT SHALL DEDRONE BE LIABLE TO CUSTOMER FOR CUSTOMER’S RELIANCE ON USE OF ANY PRODUCT OR APPLICATION OF ANY DATA ARISING FROM USE OF ANY PRODUCT. WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES THAT HEALTH CURRENTPRODUCTS ARE NOT DESIGNED, ITS MEMBERSMANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH THE FAILURE OF SUCH PRODUCT COULD LEAD DIRECTLY TO DEATH, OFFICERSPERSONAL INJURY, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS OR SEVERE PHYSICAL OR PROPERTY DAMAGE OR ENVIRONMENTAL DAMAGE (COLLECTIVELY, “HEALTH CURRENT PERSONNELHIGH RISK ACTIVITIES”), WILL NOT BE LIABLE TO YOU . DEDRONE EXPRESSLY DISCLAIMS ANY EXPRESS OR ANYONE ELSE IMPLIED GUARANTEE OF FITNESS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSHIGH RISK ACTIVITIES.

Limitations of Liability. YOU UNDERSTAND HGST’S OBLIGATION UNDER THIS OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, IS LIMITED TO REPAIR, REPLACEMENT OR REFUND, AS SET FORTH ABOVE. THESE REMEDIES ARE HGST’S ONLY OBLIGATION AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR THE SOLE AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HGST IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT BREACH OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESWARRANTY, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)OR ANY OTHER LEGAL THEORY INCLUDING, WITHOUT LIMITATION, LOSS OF PRODUCTIVITY, LOST PROFITS, LOSS OF GOODWILL, DAMAGE TO OR REPLACEMENT OF REAL OR PERSONAL PROPERTY, OR OTHERWISEANY COSTS OF RECOVERING, AND REGARDLESS OF WHETHER SUCH DAMAGESREPROGRAMMING, LIABILITYOR REPRODUCING ANY PROGRAM OR DATA STORED IN THE PRODUCT OR IN A COMPUTER SYSTEM INCORPORATING THE PRODUCT, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF HGST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, LIABILITYAND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE OR JURISDICTION. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CAUSES OF ACTION SO THE ABOVE LIMITATIONS OR CLAIMSEXCLUSIONS MAY NOT APPLY TO YOU.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTEXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL DIGICERT SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE ANY OTHER PERSON OR ENTITY, WHETHER IN CONTRACT (INCLUDING UNDER ANY INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE FOR ANY LOSS OR DAMAGES INCURRED BY YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF CONTRACT OR OPPORTUNITY OR LOSS OF GOODWILL, WHETHER THAT LOSS OR DAMAGE IS DIRECT, INDIRECT OR CONSEQUENTIAL. YOU AGREE THAT OUR ENTIRE MAXIMUM LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY DIGICERT SERVICE(S) AND/OR THIS AGREEMENT AND/OR YOUR RELIANCE ON ANY CERTIFICATE OR SITE SEAL IS SOLELY LIMITED TO ANY PAYMENT, IF ANY, MADE TO YOU UNDER THE DIGICERT IDENTITY WARRANTY ASSOCIATED WITH THE CERTIFICATE OR SITE SEAL UPON WHICH YOU HAVE RELIED IN ACCORDANCE WITH THIS AGREEMENT. IN NO EVENT SHALL DIGICERT, ITS LICENSORS AND CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE DAMAGES EVEN IF DIGICERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, LIABILITYDIGICERT'S LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW IN SUCH STATE. DIGICERT SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED BY YOU DUE TO THE SUBSCRIBER’S BREACH OF THE SUBSCRIBER AGREEMENT. YOU ARE HEREBY NOTIFIED OF THE POSSIBILITY OF THEFT OR OTHER FORM OF COMPROMISE OF A PRIVATE KEY CORRESPONDING TO A PUBLIC KEY CONTAINED IN A CERTIFICATE, CAUSES WHICH MAY OR MAY NOT BE DETECTED. DIGICERT SHALL NOT BE LIABLE TO YOU FOR ANY LOSS INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, SUFFERED BY ANY PARTY DUE TO THE LOSS, THEFT, UNAUTHORIZED DISCLOSURE, UNAUTHORIZED MANIPULATION, ALTERATION, LOSS OF ACTION USE, OR CLAIMSANY OTHER COMPROMISE OF ANY PRIVATE KEY USED BY THE SUBSCRIBER.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTUNDER NO CIRCUMSTANCES OR LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL BRAINSELL OR ITS MEMBERSSUPPLIERS, OFFICERS, DIRECTORS, REPRESENTATIVESRESELLERS, EMPLOYEES, AGENTSCONSULTANTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT AGENTS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL (DAMAGES OF ANY NATURE OR KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST REVENUES BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFITS OR LOST PROFITS)OTHER ECONOMIC LOSS, PUNITIVEDAMANGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR EXEMPLARY DAMAGESLOSS OF DATA HOWEVER CASUSED, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY THIS AGREEMENT (INCLUDING DAMAGES ARISING OUT OF OR RELATED TO USE DISCLOSURE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION CONFIDENTIAL OR CLAIM YOU MAY HAVE ARISING PROPRIETARY INFORMATION) OR OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESOF, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEDELIVERING, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLEINSTALLING, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)FURNISHING, OR OTHERWISEUSING THE SOFTWARE AND ANY SUPPORT, AND REGARDLESS OF WHETHER SUCH DAMAGESMAINTENANCE, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OTHER SERVICES THAT MAY BE PROVIDED BY BRAINSELL DIRECTLY OR HEALTH CURRENT PERSONNEL WERE INDIRECTLY TO YOU EVEN IF BRAINSELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES . IN NO EVENT WILL BRAINSELL BE LIABLE FOR ANY AMOUNT IN EXCESS OF ACTION OR CLAIMSTHE LIST PRICE BRAINSELL CHARGES FOR A SINGLE USER LICENSE TO THE SOFTWARE.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL MARKETING 360® SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR LOST PROFITS)DIMINUTION IN VALUE, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SERCTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO MARKETING 360® FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, MARKETING 360® IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO OMISSIONS OR OTHER ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTIN NO EVENT SHALL TFS, ITS ANY FINANCIAL INSTITUTION, OR ANY OF THEIR REPECTIVE EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS OR OFFICERS (COLLECTIVELY, THE “HEALTH CURRENT PERSONNELSERVICE PARTIES”), WILL NOT ) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT THE EMPLOYER TFS ACCOUNT, THIS AGREEMENT, OR THE SERVICES PROVIDED BY TFS HERUENDER (HOWEVER ARISING, INCLUDING NEGLIGENCE) INCLUDING, WITHOUT LIMITATION, THE LOSS OF PROFIT, USE, SAVINGS, OR RELATED TO USE OF REVENUE, OR THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT CLAIMS OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY , WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO EMPLOYER. THE ENTIRE AND AGGREGATE LIABILITY OF THE SERVICE PARTIES, AND EMPLOYER’S EXCLUSIVE REMEDY, WITH RESPECT TO ANY CLAIM CONCERNING OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE SUBJECT MATTER OF THIS AGREEMENT, IN ANY AND ALL CIRCUMSTANCES, SHALL BE THE RECOVERY BY EMPLOYER OF EMPLOYER’S PROVEN, ACTUALLY INCURRED, DIRECT DAMAGES; PROVIDED, LIABILITYHOWEVER, CAUSES IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF ACTION THE SERVICE PARTIES FOR ALL DAMAGES FOR ALL CLAIMS WHETHER IN CONTRACT, TORT OR CLAIMSOTHERWISE HOWSOEVER CAUSED OR ARISING, EXCEED THE TOTAL AMOUNT PAID BY EMPLOYER TO TFS IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTEXCEPT FOR THE REMEDIES SPECIFICALLY PROVIDED IN THIS LIMITED WARRANTY, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT UNDER NO CIRCUMSTANCES SHALL PWT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES BECAUSE OF THE FAILURE OF PWT TREATED™ LVL, OR FOR ANY CLAIMED DEFECT IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY DAMAGES BECAUSE OF DAMAGE OR HARM TO OR LOSS OF OTHER PROPERTY, LOSS OF TIME, LOSS OF USE, LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION, LABOR COSTS, MATERIAL COSTS, INVESTIGATION COSTS, TESTING COSTS, COSTS OF INSTALLATION OR REINSTALLATION, ATTORNEYS’ FEES, EXPERT FEES, PERSONAL INJURY (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITSBUT NOT LIMITED TO DEATH), PUNITIVEDAMAGE TO REAL OR PERSONAL PROPERTY, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLETEMPORARY LIVING EXPENSES, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLEANY AND ALL OTHER SIMILAR COSTS AND EXPENSES, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, IN TORT OR OTHERWISE. EXCEPT FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESSPECIFIC WARRANTY COVERAGE SET FORTH IN THIS LIMITED WARRANTY, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISEPWT DOES NOT MAKE, AND REGARDLESS HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO PWT TREATED™ LVL, AND/OR THE PERFORMANCE, APPLICATION OR USE THEREOF, AND ALL SUCH DAMAGESOTHER REPRESENTATIONS AND WARRANTIES, LIABILITYINCLUDING BUT NOT LIMITED TO, CAUSES THE IMPLIED WARRANTIES OF ACTION MERCHANTABILITY AND/OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGESFITNESS FOR A PARTICULAR PURPOSE, LIABILITY, CAUSES OF ACTION OR CLAIMSARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), IN NO EVENT WILL NOT HTC OR ANY HTC SUPPLIER OR LICENSOR BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES LOSS OF PROFITS, GOODWILL, ANTICIPATED SAVINGS, LOSS OR LOST PROFITS), PUNITIVE, CORRUPTION OF DATA OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THIS AGREEMENT OR THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESSOFTWARE AND ENTERPRISE PORTAL, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF HTC AND ITS SUPPLIERS AND LICENSORS UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU PAID FOR YOUR AFFECTED VIVE DEVICE. THE SOFTWARE AND ENTERPRISE PORTAL WAS DESIGNED FOR SYSTEMS THAT DO NOT REQUIRE FAIL-SAFE PERFORMANCE. HTC IS NOT LIABLE FOR USE OF THE SOFTWARE OR ENTERPRISE PORTAL IN ANY DEVICE OR SYSTEM IN WHICH A MALFUNCTION WOULD RESULT IN FORESEEABLE RISK OF INJURY OR DEATH TO ANY PERSON. UNLESS THE FOLLOWING LIMITATION IS PROHIBITED BY APPLICABLE LAW, LIABILITYYOU AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, CAUSES OF ACTION OR CLAIMSOTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTXXXX MAKES NO REPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO CHIA DATA, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVETHE SOFTWARE, OR EXEMPLARY DAMAGESANY OTHER INFORMATION PROVIDED BY CHIA OR ITS AGENTS WITH RESPECT TO ANY OF THE FOREGOING, PENALTIESAND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO CHIA DATA, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, XXXX MAKES NO WARRANTY, GUARANTEE OR REPRESENTATION REGARDING THE USE, OR SPECIAL LIABILITY ARISING OUT OF ANY INTENDED, EXPECTED, OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE ACTUAL RESULTS OF THE AZHDR EXCEED $50.00. USE, OF CHIA DATA, THE SOFTWARE, OR ANY CAUSE OTHER INFORMATION PROVIDED BY CHIA IN TERMS OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESCORRECTNESS, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEACCURACY, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)RELIABILITY, OR OTHERWISE. CHIA DOES NOT MAKE ANY WARRANTIES THAT CHIA DATA, SOFTWARE, OR ANY OTHER INFORMATION PROVIDED BY CHIA WILL BE ERROR-FREE. CHIA SPECIFICALLY DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO CHIA AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY EXPANSION, MODIFICATION, OR ADDITION TO THE LIMITATION AND EXCLUSION OF WARRANTIES IN THIS AGREEMENT. XXXX USES AVAILABLE TECHNOLOGY TO MATCH PATIENT IDENTITIES WITH THEIR HEALTH INFORMATION IN ORDER TO PROVIDE PARTICIPANTS WITH DE-IDENTIFIED PATIENT INFORMATION. BECAUSE PATIENT INFORMATION IS MAINTAINED IN MULTIPLE PLACES, NOT ALL OF WHICH ARE ACCESSIBLE TO CHIA, AND REGARDLESS OF WHETHER SUCH DAMAGESBECAUSE NOT ALL PATIENT INFORMATION IS KEPT IN A STANDARD FASHION OR IS REGULARLY UPDATED, LIABILITY, CAUSES OF ACTION IT IS POSSIBLE THAT FALSE MATCHES MAY OCCUR OR CLAIMS WERE FORESEEABLE THAT THERE MAY BE ERRORS OR HEALTH CURRENT PERSONNEL WERE ADVISED OF OMISSIONS IN THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION INFORMATION. CHIA DOES NOT AND CANNOT INDEPENDENTLY VERIFY OR CLAIMSREVIEW THE INFORMATION TRANSMITTED FOR ACCURACY OR COMPLETENESS.

Limitations of Liability. YOU UNDERSTAND AND ACKNOWLEDGE THAT GREATLAND MAKES THE SOFTWARE AVAILABLE TO YOU ON AN AS-IS BASIS. LIKEWISE, YOU AGREE THAT HEALTH CURRENT, UNDER NO CIRCUMSTANCES SHALL GREATLAND OR ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELYPARTNERS, “HEALTH CURRENT PERSONNEL”), WILL NOT SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT ACCESS OR USE OF OR RELATED INABILITY TO ACCESS OR USE OF THE AZHDR EXCEED $50.00. SOFTWARE AND ANY CAUSE OF ACTION THIRD PARTY CONTENT AND SERVICES, WHETHER OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER NOT THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS DAMAGES WERE FORESEEABLE AND WHETHER OR HEALTH CURRENT PERSONNEL WERE NOT GREATLAND WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE NOT HAPPY WITH THE SOFTWARE, LIABILITYYOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAUSES GREATLAND'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID FOR THE SOFTWARE OR THE SERVICES PROVIDED WITHIN THE SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ACTION OR CLAIMSITS ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ALL TAX RETURNS AND REQUIRED TAX DOCUMENTS ARE FILED WITH ACCURATE INFORMATION AND THAT ALL DEPOSITS AND PAYMENTS ARE MADE.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTSERVER MANIA, ITS MEMBERSDIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS (IT BEING ACKNOWLEDGED BY THE SUBSCRIBER THAT FOR THE PURPOSES OF THIS SECTION ONLY, SERVER MANIA IS CONTRACTING AS AGENT ON BEHALF OF ITS DIRECTORS, REPRESENTATIVESOFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL ) SHALL NOT BE LIABLE TO YOU THE SUBSCRIBER OR ANYONE ELSE ANY OTHER PERSON (EXCEPT FOR PHYSICAL INJURIES AS A RESULT OF SERVER MANIA’S NEGLIGENCE) FOR (1) ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING OR PUNITIVE DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION LOST REVENUES LIMITATION, PROPERTY DAMAGE, LOSS OF DATA, LOSSES RESULTING FROM A THIRD PARTY’S UNAUTHORISED ACCESS TO DATA, LOSS OF PROFIT, LOSS OF EARNINGS, FINANCIAL LOSS, LOSS OF BUSINESS OPPORTUNITY, PERSONAL INJURY, DEATH OR LOST PROFITS)ANY OTHER DAMAGE OR LOSS HOWEVER CAUSED, PUNITIVERESULTING DIRECTLY OR INDIRECTLY, OR EXEMPLARY DAMAGESRELATING, PENALTIESIN ANY MANNER, TO THE TERMS AND CONDITIONS HEREIN, THE SERVER MANIA SERVICES, OR SPECIAL LIABILITY ARISING OUT THE SUBSCRIBER’S COMPUTER SYSTEM; OR (2) DEFAMATION OR COPYRIGHT INFRINGEMENT THAT RESULTS FROM MATERIAL TRANSMITTED OR RECEIVED OTHER THAN THE SERVER MANIA’S SERVICES. THESE LIMITS APPLY TO ANY ACT OR OMMISION OF SERVER MANIA, SERVER MANIA’S EMPLOYEES, OR AGENTS, WHICH WOULD OTHERWISE BE A CAUSE OF ACTION IN CONTRACT, TORT OR ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. OTHER DOCTRINE OF LAW AND IN NO EVENT WILL HEALTH CURRENT PERSONNELSHALL SERVER MANIA’S LIABILTY ARISING OUT OF OR RELATED LIABILITY TOWARD THE SUBSCRIBER EXCEED THE TOTAL AMOUNT PAID TO USE SERVER MANIA BY THE SUBSCRIBER FOR ANY AFFECTED SERVICE, DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE AZHDR EXCEED $50.00CLAIM. ANY CAUSE THIS SECTION SHALL CONTINUE TO APPLY NOTWITHSTANDING EXPIRATION OR TERMINATION OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSTHESE TOS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL MARKETING 360 SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR LOST PROFITS)DIMINUTION IN VALUE, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, AND REGARDLESS EXCEED THE TOTAL OF WHETHER SUCH THE AMOUNTS YOU PAID TO MARKETING 360 FOR THE SERVICES SOLD HEREUNDER. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, MARKETING 360 IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO ANY CONTENT, OMISSIONS, OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA OR ANY LOSS, DAMAGES, CORRUPTION OR BREACH OF CLIENT DATA WITHIN CLIENT’S MARKEITNG 360 ACCOUNT. WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE IN CONJUNCTION WITH THESE SERVICES. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND SAFETY NET IS PART OF AN ADVANCED RADIO COMMUNICATION SYSTEM. IT DOES NOT OFFER GUARANTEED PROTECTION AGAINST BURGLARY AND AGREE FIRE. ANY ALARM COMMUNICATION SYSTEM IS SUBJECT TO COMPROMISE OR FAILURE. THE RADIO WILL NOT WORK WITHOUT POWER. ELECTRICALLY POWERED DEVICES WILL NOT WORK IF THE POWER SUPPLY IS OFF FOR ANY REASON, HOWEVER BRIEFLY. THIS EQUIPMENT, LIKE ANY OTHER ELECTRICAL DEVICE, IS SUBJECT TO COMPONENT FAILURE. ALTHOUGH THIS EQUIPMENT IS DESIGNED TO BE LONG LASTING, THE ELECTRICAL COMPONENTS COULD FAIL AT ANY TIME. DUE TO THESE LIMITATIONS, WE RECOMMEND THE USER TO TEST THE SYSTEM AT LEAST ONCE EVERY MONTH AND ARRANGEMENTS SHOULD ALSO BE MADE FOR ON‐SITE INSPECTION/TEST BY A LICENSED ALARM INSTALLER AT LEAST ONCE EACH YEAR. IF THE NETWORK ‐ OR THE NETWORK'S CONNECTIVITY TO THE MONITORING CENTER ‐ IS DAMAGED, DESTROYED, INTERRUPTED, CIRCUMVENTED, COMPROMISED OR MALFUNCTIONS FOR ANY REASON, SERVICE IS AUTOMATICALLY SUSPENDED WITHOUT NOTICE AND WITHOUT LIABILITY TO SAFETY NET. ALARM COMPANY AGREES AND UNDERSTANDS: THAT HEALTH CURRENT, NEITHER SAFETY NET NOR ITS MEMBERSDIRECTORS, OFFICERS, DIRECTORSSHAREHOLDERS, REPRESENTATIVESPARTNERS, EMPLOYEESPRINCIPALS, AGENTS, AFFILIATESSERVANTS OR EMPLOYEES AND THEIR SUCCESSORS, VENDOR ASSIGNS, HEIRS AND BUSINESS PARTNERS PERSONAL REPRESENTATIVES (COLLECTIVELYHEREINAFTER, “HEALTH CURRENT PERSONNEL”)COLLECTIVELY "SAFETY NET ASSOCIATES") IS AN INSURER; THAT IT IS THE SPECIFIC INTENT OF THE PARTIES THAT (I) INSURANCE COVERING ALL LOSS, WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY DAMAGE AND EXPENSE ARISING OUT OF OR FROM, IN CONNECTION WITH OR RESULTING FROM PERSONAL INJURY INCLUDING, WITHOUT LIMITATION, MEDICAL, DISABILITY AND OTHER INSURANCE FOR PHYSICAL, MENTAL AND EMOTIONAL CONDITIONS, LIFE INSURANCE, AND REAL OR PERSONAL PROPERTY INSURANCE SHALL BE OBTAINED AND MAINTAINED BY THE SUBSCRIBER,(II) RECOVERY FOR ALL SUCH LOSS, DAMAGE AND EXPENSE SHALL BE LIMITED TO ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSSUCH INSURANCE COVERAGE ONLY, AND (lll) SAFETY NET AND SAFETY NET ASSOCIATES ARE RELEASED FROM ANY AND ALL LIABILITY FOR ALL SUCH LOSS, DAMAGE AND EXPENSE; THAT SAFETY NET AND SAFETY NET ASSOCIATES MAKE NO EXPRESS GUARANTEE. IN REPRESENTATION OR WARRANTY; THAT SAFETY NET DOES NOT WARRANT OR GUARANTEE THAT EITHER NO EVENT LOSS OR DAMAGE WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OCCUR OR INCREASED LOSS OR DAMAGE WILL NOT OCCUR; THAT SAFETY NET AND SAFETY NET ASSOCIATES ARE RELEASED FOR ALL LOSS OR DAMAGE WHICH MAY OCCUR BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT EVEN IF DUE TO THE IMPROPER PERFORMANCE OF OR RELATED FAILURE TO USE PERFORM OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION SAFETY NET OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESSAFETY NET ASSOCIATES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)BREACH OF EXPRESS WARRANTY, OR OTHERWISEBY LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES; THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF SAFETY NET OR SAFETY NET ASSOCIATES FOR PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, REAL OR PERSONAL, WHICH IS IN CONNECTION WITH, ARISES OUT OF OR FROM, RESULTS FROM, IS RELATED TO OR IS A CONSEQUENCE OF THE SERVICE, THE FAILURE OR FAULTY OPERATION OF THE FACILITIES, OR THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF SAFETY NET ASSOCIATES OR SAFETY NET, INCLUDING, WITHOUT LIMITATION, ACTS, ERRORS OR OMISSIONS WHICH OCCUR BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT, OR ANY CLAIMS BROUGHT IN PRODUCT OR STRICT LIABILITY, BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, OR FOR CONTRIBUTION OR INDEMNIFICATION, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES, IRRESPECTIVE OF CAUSE, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $1,000.00 COLLECTIVELY FOR SAFETY NET AND SAFETY NET ASSOCIATES, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSTHIS LIABILITY SHALL BE EXCLUSIVE.

Limitations of Liability. YOU UNDERSTAND IN NO EVENT SHALL MORTGAGE MARKET (INCLUDING FOR GREATER CERTAINTY, OUR PARENT AND AGREE THAT HEALTH CURRENTAFFILIATES), ITS MEMBERS, AND THE OFFICERS, DIRECTORS, REPRESENTATIVESAGENTS, JOINT VENTURERS, EMPLOYEES, AGENTS, AFFILIATESADVISERS OF MORTGAGE MARKET, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU FOR LOST PROFITS OR ANYONE ELSE FOR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL INDIRECT, OR CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES DAMAGES FOR LOSS OF PROFITS, BREACH OF CONFIDENTIALITY OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY LOSS OF OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), UNLESS AND TO THE EXTENT PROHIBITED BY LAW. OUR LIABILITY (INCLUDING FOR GREATER CERTAINTY, THE LIABILITY OF OUR PARENT AND AFFILIATES OF MORTGAGE MARKET), AND ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSOFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF: (I) $10,000.00 CAD OR (II) ACTUAL AMOUNT OF DIRECT DAMAGES. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED ADDITION, TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE EXTENT PERMITTED BY APPLICABLE LAW, MORTGAGE MARKET (1INCLUDING FOR GREATER CERTAINTY OUR PARENT AND AFFILIATES) YEAR AFTER THE CAUSE OF ACTION ACCRUESAND OUR (AND THEIR RESPECTIVE) OFFICERS, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE DIRECTORS, AGENTS, JOINT VENTURERS, AND AGREE THAT HEALTH CURRENT PERSONNEL EMPLOYEES, ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLETHESE PARTIES RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) YOUR USE OF OR YOUR INABILITY TO USE MARKET’S SITES AND SERVICES; (B) DELAYS OR DISRUPTIONS IN MORTGAGE MARKET’S SITES AND SERVICES; (C) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING MORTGAGE MARKET’S SITES OR SERVICES OR ANY SITE OR SERVICE LINKED TO MORTGAGE MARKET’S SITES OR SERVICES; (D) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN MORTGAGE MARKET’S SITES OR SERVICES OR IN THE CONDUCT INFORMATION OBTAINED FROM THEM; (E) INFORMATION PROVIDED ON THE MORTGAGES, PROPERTIES, BORROWERS OR THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES; (F) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT; (G) YOUR NEED TO MODIFY PRACTICES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)CONTENT, OR OTHERWISEBEHAVIOR, OR YOUR LOSS OF OR INABILITY TO INVEST, AS A RESULT OF CHANGES TO THIS AGREEMENT OR MORTGAGE MARKET’S POLICIES. MORTGAGE MARKET RESERVES THE RIGHT TO MODIFY ITS POLICIES AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THIS AGREEMENT AT ANY TIME CONSISTENT WITH THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSPROVISIONS OUTLINED HEREIN.

Limitations of Liability. YOU UNDERSTAND THE TOTAL LIABILITY OF SELLER, INCLUDING ITS SUBCONTRACTORS OR SUPPLIERS, ON ANY AND AGREE THAT HEALTH CURRENTALL CLAIMS, ITS MEMBERSWHETHER IN CONTRACT, OFFICERSWARRANTY, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL TORT (INCLUDING WITHOUT LIMITATION LOST REVENUES NEGLIGENCE OR LOST PROFITS)PATENT INFRINGEMENT) OR OTHERWISE, PUNITIVEARISING OUT OF, CONNECTED WITH, OR EXEMPLARY DAMAGESRESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY AGREEMENT RESULTING HERE FROM OR FROM THE MANUFACTURE, PENALTIESSALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR SPECIAL LIABILITY ARISING OUT USE OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSPRODUCT RELATING THERETO SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE PURCHASE ORDER WHICH DIRECTLY GIVES RISE TO THE CLAIM. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESEVENT, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), NEGLIGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, AND REGARDLESS SHALL SELLER, OR ITS SUBCONTRACTORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF WHETHER PROFIT OR REVENUES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT OR SOFTWARE OR DATA, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER OR DOWNTIME COSTS FOR SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, DAMAGES OR CLAIM. PURCHASER ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT SELLER WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY, CAUSES OF ACTION OR CLAIMS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE FULLEST EXTENT PERMITTED BY LAW, ITS MEMBERSSELLER’S TOTAL LIABILITY TO BUYER, OFFICERSBUYER’S CUSTOMERS, DIRECTORSOR TO ANY OTHER PERSON, REPRESENTATIVESRELATING TO ANY PURCHASES AND/OR PRODUCT GOVERNED BY THIS AGREEMENT, EMPLOYEESFROM THE USE OF THE PRODUCT FURNISHED, AGENTSOR FROM ANY ADVICE, AFFILIATESINFORMATION OR ASSISTANCE PROVIDED BY SELLER (BY ANY METHOD, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”INCLUDING A WEBSITE), WILL IS LIMITED TO THE LESSER OF THE PRICE OF THE PRODUCT GIVING RISE TO THE CLAIM OR THE AMOUNT PAID BY BUYER TO SELLER. SELLER SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)DIRECT, CONSEQUENTIAL, GENERAL, PUNITIVE, OR EXEMPLARY DAMAGESPENAL DAMAGES (INCLUDING, PENALTIESWITHOUT LIMITATION, BACK- CHARGES, LABOR COSTS, COSTS OF REMOVAL, REPLACEMENT, TESTING, LOSS OF BUSINESS, LOSS OF PROFITS OR SPECIAL LIABILITY ARISING OUT REVENUES, LOSS OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00PRODUCT OR ANY ASSOCIATED GOODS, DAMAGE TO ASSOCIATED GOODS, LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF PRODUCT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCT, FACILITIES OR SERVICES, DOWNTIME, OR CLAIMS FROM BUYER’S CUSTOMERS OR OTHER PARTIES). IF SELLER FURNISHES BUYER WITH ADVICE OR OTHER ASSISTANCE WHICH CONCERNS ANY CAUSE OF ACTION PRODUCT SUPPLIED HEREUNDER, OR CLAIM YOU ANY OTHER PRODUCT OR GOOD IN WHICH ANY SUCH PRODUCT MAY HAVE ARISING OUT OF BE PLACED OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST WHICH SUCH PRODUCT MAY BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLECOMBINED, AND YOU AGREE WHICH IS NOT REQUIRED PURSUANT TO SEEK THIS AGREEMENT, THE FURNISHING OF SUCH ADVICE OR ASSISTANCE WILL NOT SUBJECT SELLER TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, ANY LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS. SELLER MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ABSENCE OF FOREIGN MATERIALS OR SUBSTANCES IN THE PURCHASED PRODUCT(S). BUYER IS ADVISED AND ACKNOWLEDGES THAT IT SHOULD, AT ALL TIMES, EXERCISE ITS OWN DUE DILIGENCE AND SHOULD IMPLEMENT ALL REASONABLE AND NECESSARY SAFEGUARDS AND MEASURES TO INSURE THAT NO UNDESIRABLE FOREIGN MATERIALS OR OTHERWISESUBSTANCES ARE CONTAINED IN THE PURCHASED PRODUCT(S) AFTER FINAL PROCESSING AND PRIOR TO BUYER’S SALE OR USE OF ANY INGREDIENT(S)/PRODUCT(S) OBTAINED BY OR THROUGH SELLER. WHEN BUYER HAS EXAMINED THE PRODUCT AS FULLY AS IT DESIRED OR HAS REFUSED TO EXAMINE THE PRODUCT, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THERE IS NO WARRANTY WITH REGARD TO ANY DEFECTS WHICH AN EXAMINATION OUGHT IN THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSCIRCUMSTANCES TO HAVE REVEALED TO BUYER.

Limitations of Liability. EXCEPT AS PROHIBITED BY LAW: IN THE EVENT OF ANY PROBLEM WITH Doctorcare247 OR ANY Doctorcare247 CONTENT, YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT YOUR SOLE REMEDY IS TO CEASE USING Doctorcare247. UNDER NO CIRCUMSTANCES SHALL WELLSPRING TECHNOLOGIES OR ANY LICENSOR OR SUPPLIER BE LIABLE TO YOU IN ANY WAY FOR YOUR USE OF Doctorcare247 OR ANYONE ELSE ANY OF THE Doctorcare247 CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY DOCTORCARE247 CONTENT, ANY INFRINGEMENT BY ANY Doctorcare247 CONTENT OF THE INTELLECTUAL PROPERTYRIGHTS OF THIRD PARTIES, OR FOR ANY INDIRECTLOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY Doctorcare247 CONTENT. UNDER NO CIRCUMSTANCES SHALL WELLSPRING TECHNOLOGIES OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL INDIRECT OR SPECIAL DAMAGES (INCLUDING INCLUDING, WITHOUT LIMITATION LOST REVENUES OR LIMITATION, ANY PERSONAL INJURY, LOST PROFITS), PUNITIVEBUSINESS INTERRUPTION, LOSS OF PROGRAMS OR EXEMPLARY DAMAGES, PENALTIES, OTHER DATA ON YOUR COMPUTER OR SPECIAL LIABILITY OTHERWISE) ARISING OUT OF FROM OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY OFDoctorcare247 WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT UNDER A THEORY OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MALPRACTICE OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF WELLSPRING TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WELLSPRING TECHNOLOGIES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE MONTHLY SUBSCRIPTION RATE PAID UNDER YOUR PLAN, LIABILITYOR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, CAUSES THE AMOUNT OF ACTION MONEY THAT YOU HAVE BEEN CHARGED FOR SERVICE. YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR CLAIMSRELEASES.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTEXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL DIGICERT SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE ANY OTHER PERSON OR ENTITY, WHETHER IN CONTRACT (INCLUDING UNDER ANY INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE FOR ANY LOSS OR DAMAGES INCURRED BY YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF CONTRACT OR OPPORTUNITY OR LOSS OF GOODWILL, WHETHER THAT LOSS OR DAMAGE IS DIRECT, INDIRECT OR CONSEQUENTIAL. YOU AGREE THAT OUR ENTIRE MAXIMUM LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY DIGICERT SERVICE(S) AND/OR THIS AGREEMENT AND/OR YOUR RELIANCE ON ANY EV CERTIFICATE IS SOLELY LIMITED TO ANY PAYMENT, IF ANY, MADE TO YOU UNDER THE DIGICERT IDENTITY WARRANTY ASSOCIATED WITH THE EV CERTIFICATE UPON WHICH YOU HAVE RELIED IN ACCORDANCE WITH THIS AGREEMENT. IN NO EVENT SHALL DIGICERT, ITS LICENSORS AND CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE DAMAGES EVEN IF DIGICERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, LIABILITYDIGICERT'S LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW IN SUCH STATE. DIGICERT SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED BY YOU DUE TO THE SUBSCRIBER’S BREACH OF THE SUBSCRIBER AGREEMENT. DIGICERT SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED BY YOU DUE TO RELIANCE ON AN INTRANET CERTIFICATE. YOU ARE HEREBY NOTIFIED OF THE POSSIBILITY OF THEFT OR OTHER FORM OF COMPROMISE OF A PRIVATE KEY CORRESPONDING TO A PUBLIC KEY CONTAINED IN A CERTIFICATE, CAUSES WHICH MAY OR MAY NOT BE DETECTED. DIGICERT SHALL NOT BE LIABLE TO YOU FOR ANY LOSS INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, SUFFERED BY ANY PARTY DUE TO THE LOSS, THEFT, UNAUTHORIZED DISCLOSURE, UNAUTHORIZED MANIPULATION, ALTERATION, LOSS OF ACTION USE, OR CLAIMSANY OTHER COMPROMISE OF ANY PRIVATE KEY USED BY THE SUBSCRIBER. ALL APPLICANTS, SUBSCRIBERS, RELYING PARTIES, AND OTHER PERSONS, ENTITIES, AND ORGANIZATIONS ACKNOWLEDGE THAT BUT FOR DIGICERT'S DISCLAIMERS OF REPRESENTATIONS, WARRANTIES, AND CONDITIONS AND LIMITATIONS OF LIABILITY STATED HEREIN, DIGICERT WOULD NOT ISSUE EV CERTIFICATES TO SUBSCRIBERS, NOR WOULD IT PROVIDE SERVICES IN RESPECT TO SUCH CERTIFICATES, AND THAT THESE PROVISIONS ARE NECESSARY TO PROVIDE FOR A REASONABLE ALLOCATION OF RISK.

Limitations of Liability. YOU UNDERSTAND IN NO EVENT SHALL WE, OUR PARENT AND AGREE THAT HEALTH CURRENTAFFILIATES, ITS MEMBERS, AND THE OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATESJOINT VENTURERS, VENDOR EMPLOYEES AND BUSINESS PARTNERS (COLLECTIVELYSUPPLIERS OF PAYPAL, “HEALTH CURRENT PERSONNEL”), WILL NOT OUR PARENT OR OUR AFFILIATES BE LIABLE TO YOU FOR LOST PROFITS OR ANYONE ELSE FOR ANY INDIRECTSPECIAL, INCIDENTAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES DAMAGES FOR LOSS OF DATA OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE PAYPAL SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), UNLESS AND TO THE EXTENT PROHIBITED BY LAW. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSTHIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED ADDITION, TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESEXTENT PERMITTED BY APPLICABLE LAW, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE PAYPAL, OUR PARENT, AND AGREE THAT HEALTH CURRENT PERSONNEL AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLETHESE PARTIES RESPONSIBLE, FOR THE CONDUCT ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESMONEY, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)GOODWILL, OR OTHERWISEREPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF OR YOUR INABILITY TO USE PAYPAL’S SITES AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION SERVICES; (2) DELAYS OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.DISRUPTIONS IN PAYPAL’S SITES AND SERVICES;

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF XXXXXXXXXXXXXXXXX.XX BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESLEGAL OR EQUITABLE THEORY, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE XXXXXXXXXXXXXXXXX.XX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. UNDER NO CIRCUMSTANCES WILL XXXXXXXXXXXXXXXXX.XX BE RESPONSIBLE FOR ANY DAMAGE, LIABILITYLOSS OR INJURY RESULTING FROM HACKING, CAUSES TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF ACTION THE SERVICES OR CLAIMS.YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XXXXXXXXXXXXXXXXX.XX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES;

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE YOUR EXCLUSIVE REMEDY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL FAILURE OF CLUBESSENTIAL’S OBLIGATIONS UNDER THE AGREEMENT SHALL BE THE REMEDIES SET FORTH IN SECTION 5 ABOVE AND ANY CREDIT DUE PURSUANT TO AN APPLICABLE SERVICE LEVEL AGREEMENT (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITSWHERE A SERVICE LEVEL AGREEMENT IS OFFERED), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT SHALL CLUBESSENTIAL BE LIABLE OR RESPONSIBLE TO YOU FOR ANY TYPE OF INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR RELATED TO CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICES OR EQUIPMENT, EVEN IF ADVISED OF THE AZHDR EXCEED $50.00. ANY CAUSE POSSIBILITY OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL CLUBESSENTIAL’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCES EXCEED THE AMOUNT OF FEES YOU ACTUALLY PAID TO CLUBESSENTIAL FOR SERVICES IN THE ONE (1) MONTH PERIOD DIRECTLY PRIOR TO THE ACTION GIVING RISE TO ALLEGED LIABILITY. YOU FURTHER AGREE THAT ANY CLAIM WHICH YOU MAY HAVE AGAINST CLUBESSENTIAL MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF OTHERWISE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSCLAIM SHALL BE PERMANENTLY BARRED.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR LOST PROFITS)DIMINUTION IN VALUE, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO THE COMPANY FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO CONTENT, OMISSIONS OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA.WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND UNDER NO CIRCUMSTANCES AND AGREE THAT HEALTH CURRENTUNDER NO LEGAL OR EQUITABLE THEORY, ITS MEMBERSWHETHER IN TORT, OFFICERSCONTRACT, DIRECTORSNEGLIGENCE, REPRESENTATIVESSTRICT LIABILITY OR OTHERWISE, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT SHALL ANY OF THE CLOUDLAW PARTIES BE LIABLE TO YOU OR ANYONE ELSE TO ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTALSPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES LOSSES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY DAMAGES OF ANY NATURE ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT THE USE OF OR RELATED INABILITY TO USE THE SITES OR SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR SERVICES OR FOR ANY INFORMATION OBTAINED THROUGH THE SITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ANY OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT CLOUDLAW PARTIES BEEN ADVISED OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF FOR ANY REASON ANY DAMAGE WAIVER CONTAINED IN THIS AGREEMENT SHOULD PROVE UNENFORCEABLE (INCLUDING AS DESCRIBED IN THE NEXT PARAGRAPH), LIABILITYYOU AGREE THAT CLOUDLAW’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH YOUR USE OR MISUSE OF THE SITE AND THE SERVICES WILL NOT EXCEED AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO CLOUDLAW, CAUSES IF ANY. YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF ACTION THE BARGAIN AND THAT CLOUDLAW WOULD NOT PROVIDE THE SITE OR CLAIMSSERVICES ABSENT SUCH LIMITATION. 20. Jurisdictional Exceptions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITIES MAY NOT APPLY TO YOU.

Limitations of Liability. YOU UNDERSTAND AND ACKNOWLEDGE THAT GREATLAND MAKES THE SOFTWARE AVAILABLE TO YOU ON AN AS- IS BASIS. LIKEWISE, YOU AGREE THAT HEALTH CURRENT, UNDER NO CIRCUMSTANCES SHALL GREATLAND OR ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELYPARTNERS, “HEALTH CURRENT PERSONNEL”), WILL NOT SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES LOSS OF PROFITS, SAVINGS, REVENUE, OR USE, DAMAGED OR LOST PROFITS), PUNITIVEFILES OR DATA, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT ACCESS OR USE OF OR RELATED INABILITY TO ACCESS OR USE OF THE AZHDR EXCEED $50.00. SOFTWARE AND ANY CAUSE OF ACTION THIRD PARTY CONTENT AND SERVICES, WHETHER OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER NOT THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS DAMAGES WERE FORESEEABLE AND WHETHER OR HEALTH CURRENT PERSONNEL WERE NOT GREATLAND WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE NOT HAPPY WITH THE SOFTWARE, LIABILITYYOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAUSES GREATLAND'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID FOR THE SOFTWARE OR THE SERVICES PROVIDED WITHIN THE SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ACTION OR CLAIMSITS ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ALL TAX RETURNS AND REQUIRED TAX DOCUMENTS ARE FILED WITH ACCURATE INFORMATION AND THAT ALL DEPOSITS AND PAYMENTS ARE MADE.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL MARKETING 360 SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR LOST PROFITS)DIMINUTION IN VALUE, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO MARKETING 360 FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, MARKETING 360 IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO ANY CONTENT, OMISSIONS, OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA OR ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF CLIENT DATA WITHIN CLIENT’S MARKEITNG 360 ACCOUNT. WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE IN CONJUNCTION WITH THESE SERVICES. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND 8.1 COMPANY’S REPRESENTATIONS AND AGREE THAT WARRANTIES ARE THOSE SET FORTH IN ARTICLE 7 OF THIS AGREEMENT. COMPANY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. COMPANY DOES NOT GUARANTEE THE PAYMENT OR THE TIMING OF PAYMENT OF ANY CLAIMS SUBMITTED THROUGH THE SERVICES. PAYMENT REMAINS THE RESPONSIBILITY OF THE PARTICULAR PAYER OF HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE CARE SERVICES AND/OR SUPPLIER TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSWHICH THE CUSTOMER IS SUBMITTING. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH SPECIAL DAMAGES, LIABILITYINCLUDING BUT NOT LIMITED TO LOST PROFITS, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER EVEN IF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S AGGREGATE LIABILITY TO CUSTOMER UNDER THIS AGREEMENT AND WITH RESPECT TO THE IP FURNISHED HEREUNDER (WHETHER UNDER CONTRACT, LIABILITYTORT, CAUSES OR ANY OTHER THEORY OF ACTION LAW OR CLAIMSEQUITY) SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE PRICE PAID BY CUSTOMER TO COMPANY FOR THE PARTICULAR IP INVOLVED DURING THE ONE YEAR PRECEDING CUSTOMER’S CLAIM. THE FOREGOING LIMITATION OF LIABILITY REPRESENTS THE ALLOCATION OF RISK OF FAILURE BETWEEN THE PARTIES AS REFLECTED IN THE PRICING HEREUNDER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL MARKETING 360 SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR LOST PROFITS)DIMINUTION IN VALUE, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO MARKETING 360 FOR THE SERVICES SOLD HEREUNDER. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, MARKETING 360 IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO ANY CONTENT, OMISSIONS, OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA OR ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF CLIENT DATA WITHIN CLIENT’S MARKEITNG 360 ACCOUNT. WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE IN CONJUNCTION WITH THESE SERVICES. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE YOUR EXCLUSIVE REMEDY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL FAILURE OF CLUBREADY’S OBLIGATIONS UNDER THE AGREEMENT SHALL BE THE REMEDIES SET FORTH IN SECTION 4 ABOVE AND ANY CREDIT DUE PURSUANT TO AN APPLICABLE SERVICE LEVEL AGREEMENT (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITSWHERE A SERVICE LEVEL AGREEMENT IS OFFERED), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT SHALL CLUBREADY BE LIABLE OR RESPONSIBLE TO YOU FOR ANY TYPE OF INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR RELATED TO CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICES OR EQUIPMENT, EVEN IF ADVISED OF THE AZHDR EXCEED $50.00. ANY CAUSE POSSIBILITY OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL CLUBREADY’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCES EXCEED THE AMOUNT OF FEES YOU ACTUALLY PAID TO CLUBREADY FOR SERVICES IN THE ONE (1) MONTH PERIOD DIRECTLY PRIOR TO THE ACTION GIVING RISE TO ALLEGED LIABILITY. YOU FURTHER AGREE THAT ANY CLAIM WHICH YOU MAY HAVE AGAINST CLUBREADY MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF OTHERWISE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSCLAIM SHALL BE PERMANENTLY BARRED.

Limitations of Liability. YOU UNDERSTAND IN NO EVENT SHALL WE (INCLUDING FOR GREATER CERTAINTY, OUR PARENT AND AGREE THAT HEALTH CURRENTAFFILIATES), ITS MEMBERS, AND THE OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF SIGNATURE PAY, (INCLUDING FOR GREATER CERTAINTY OUR PARENT OR OUR AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT ) BE LIABLE TO YOU FOR LOST PROFITS OR ANYONE ELSE FOR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL INDIRECT, OR CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES DAMAGES FOR LOSS OF DATA OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), UNLESS AND TO THE EXTENT PROHIBITED BY LAW. OUR LIABILITY (INCLUDING FOR GREATER CERTAINTY, THE LIABILITY OF OUR PARENT AND AFFILIATES), AND OUR (AND THEIR RESPECTIVE) OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSTHIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED ADDITION, TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE EXTENT PERMITTED BY APPLICABLE LAW, SIGNATURE PAY (1INCLUDING FOR GREATER CERTAINTY OUR PARENT AND AFFILIATES) YEAR AFTER THE CAUSE OF ACTION ACCRUESAND OUR (AND THEIR RESPECTIVE) OFFICERS, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND AGREE THAT HEALTH CURRENT PERSONNEL SUPPLIERS ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLETHESE PARTIES RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) YOUR USE OF OR YOUR INABILITY TO USE SIGNATURE PAY’S SITES AND SERVICES; (B) DELAYS OR DISRUPTIONS IN SIGNATURE PAY’S SITES AND SERVICES; (C) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING SIGNATURE PAY’S SITES OR SERVICES OR ANY SITE OR SERVICE LINKED TO SIGNATURE PAY’S SITES OR SERVICES; (D) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN SIGNATURE PAY’S SITES OR SERVICES OR IN THE CONDUCT INFORMATION AND GRAPHICS OBTAINED FROM THEM; (E) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES; (F) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT; (G) YOUR NEED TO MODIFY PRACTICES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)CONTENT, OR OTHERWISEBEHAVIOUR, OR YOUR LOSS OF OR INABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THIS AGREEMENT OR SIGNATURE PAY’S POLICIES. SIGNATURE PAY RESERVES THE RIGHT TO MODIFY ITS POLICIES AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THIS AGREEMENT AT ANY TIME CONSISTENT WITH THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSPROVISIONS OUTLINED HEREIN.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT LICENSORS BE LIABLE TO YOU OR ANYONE ELSE ANY OF YOUR AUTHORIZED USERS FOR ANY INDIRECTOF THE FOLLOWING TYPES OF LOSS OR DAMAGE ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SOFTWARE, OR ASP SERVICES, WHETHER OR NOT THE COMPANY WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE: (A) ANY LOSS OF BUSINESS, CONTRACTS, PROFITS, ANTICIPATED SAVINGS, GOODWILL OR REVENUE; (B) ANY LOSS OR CORRUPTION OF DATA; OR (C) ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER (INCLUDING INCLUDING, WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)LIMITATION, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS). IN NO EVENT WILL HEALTH CURRENT PERSONNELSHALL THE COMPANY’S LIABILTY CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF FROM OR RELATED RELATING TO USE THIS AGREEMENT, REGARDLESS OF THE AZHDR NATURE OF THE CLAIM, EXCEED $50.00. ANY CAUSE THE AMOUNT OF ACTION OR CLAIM FEES PAID BY YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, UNDER THIS AGREEMENT FOR THE CONDUCT PARTICULAR SOFTWARE, AND/OR ASP SERVICE WITH RESPECT TO WHICH THE RELEVANT CLAIM AROSE DURING THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT, ACT, OR OMISSION GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF THIRD PARTIESLIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER IN SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF STATES THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSCOMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Limitations of Liability. YOU UNDERSTAND UNDER NO CIRCUMSTANCES SHALL NEULINGO OR ANY OF ITS (AND AGREE THAT HEALTH CURRENT, ITS MEMBERSPARENT’S/AFFILIATES’) DIRECTORS, OFFICERS, DIRECTORSSHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, EMPLOYEESCONSULTANTS, AGENTS, AFFILIATESSUPPLIERS, VENDOR AND BUSINESS PARTNERS (COLLECTIVELYPARTNERS, “HEALTH CURRENT PERSONNEL”)DISTRIBUTORS, WILL NOT AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR USE OR ATTEMPTED USE OF THE ONLINE SERVICES OR PROUCTS. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSSUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED (IN THOSE JURISDICTIONS) TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL HEALTH CURRENT PERSONNELNEULINGO’S LIABILTY TOTAL AGGREGATE LIABILITY ARISING OUT OF FROM OR RELATED TO YOUR USE OF NEULINGO’S ONLINE SERVICES WILL NOT EXCEED THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM AMOUNT YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, PAID FOR THE CONDUCT SERVICES OR $100 IN THE CASE OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESYOUR USE OF NO-CHARGE ONLINESERVICES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.WHICHEVER IS GREATER

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNELTRANSX, TRANSX’S LIABILTY AFFILIATES, TRANSX’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE TRANSX SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS XXXX OR THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE SOFTWARE, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISEOTHERWISE AND WHETHER OR NOT TRANSX, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION TRANSX’S LICENSORS OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 6, TRANSX’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS XXXX AGAINST YOU. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, CAUSES THIS LIMITATION OF ACTION LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR CLAIMSMUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS XXXX GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IN NO EVENT SHALL TRANSX’S, TRANSX’S AFFILIATES’, TRANSX’S LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE TRANSX SERVICES OVER THE PREVIOUS SIX (6) MONTHS OR FIVE THOUSAN DOLLARS ($5,000.00), WHICHEVER IS LESS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ROBINHOOD, ITS MEMBERSAFFILIATES, OFFICERS, OFFICERS DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR (a) ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)PUNITIVE LOSS OR DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, PUNITIVETHE ROBINHOOD CONNECT TOOLS, ROBINHOOD CONNECT, THE ROBINHOOD OFFERING, THE ROBINHOOD WIDGET, OR EXEMPLARY THE ROBINHOOD MARKS; OR (b) ANY DAMAGES, PENALTIESIN THE AGGREGATE, OR SPECIAL LIABILITY ARISING OUT IN EXCESS OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE ONE HUNDRED U.S. DOLLARS (USD $100.00) EVEN IF ROBINHOOD HAS BEEN ADVISED OF THE AZHDR EXCEED $50.00POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR ROBINHOOD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED RELATING TO YOUR DOCUMENT SUBMISSION THIS AGREEMENT MUST BE COMMENCED BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.ONE

Limitations of Liability. YOU UNDERSTAND BWIS, THE INFORMATION PROVIDERS, INFORMATION TRANSMITTERS, THIRD-PARTY RESEARCH PROVIDERS AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), ANY OTHER PERSON INVOLVED IN TRANSMITTING INFORMATION WILL NOT BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES SPECIAL OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM INDIRECT DAMAGES EVEN IF YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ADVISE THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, LIABILITYBUT IS NOT LIMITED TO, CAUSES CLAIMS FOR LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF ACTION USE OF THE INFORMATION OR CLAIMSFOR OMISSIONS OR INACCURACIES IN THE INFORMATION. AS A CONDITION TO ACCESSING OR RECEIVING THE INFORMATION, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST BWIS, ANY INFORMATION PROVIDER, RESEARCH PROVIDER OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING ANY INFORMATION BWIS MAKES AVAILABLE TO YOU. BY ACCESSING OR RECEIVING INFORMATION, YOU AGREE THAT THE LIABILITY OF BWIS, THE INFORMATION PROVIDERS, THE THIRD-PARTY RESEARCH PROVIDERS OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE ONLINE INVESTING SERVICE OR INFORMATION WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE ELECTRONIC SERVICES RELATED TO YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT NO PARTY SHALL BE LIABLE TO YOU (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY, OR ANYONE ELSE OTHERWISE) FOR ANY SPECIAL, INDIRECT, INCIDENTALPUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING LOST PROFITS AND ANY OTHER DAMAGES WHICH CANNOT BE READILY ASCERTAINED AND QUANTIFIED, FOR ANY BREACH OF A REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT IF, AFTER THE INVESTOR SHALL HAVE ACTUALLY FUNDED ITS INVESTOR INITIAL FUNDING DATE CONTRIBUTION IN RESPECT OF THE FACILITY COMPANY, ANY PART OF THE ITC IS LOST, REDUCED, RECAPTURED, DISALLOWED OR NOT CLAIMED BECAUSE CLASS B MEMBER OR ITS AFFILIATE, PERSON WITH A DIRECT OR INDIRECT INTEREST THEREIN OR ANY FACILITY ENTITY BREACHES ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION, ANY FEDERAL TAX DETRIMENTS SUFFERED AS RESULT OF SUCH RECAPTURE, LOSS, REDUCTION, DISALLOWANCE OR INABILITY TO CLAIM (INCLUDING WITHOUT LIMITATION LOST REVENUES LIMITATION, RECOMPUTATION OF TAX, CHANGE IN DISTRIBUTIVE SHARE OF TAX DEPRECIATION OR LOST PROFITS), PUNITIVE, TAXABLE INCOME OR EXEMPLARY DAMAGESLOSS, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSINTEREST AND [***] Confidential Treatment Requested ADDITIONS TO TAX) SHALL NOT CONSTITUTE CONSEQUENTIAL DAMAGES. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE THE OBLIGATIONS OF THE AZHDR EXCEED $50.00. PARTIES UNDER THIS AGREEMENT ARE OBLIGATIONS OF THE PARTIES ONLY AND NO RECOURSE SHALL BE AVAILABLE UNDER THIS AGREEMENT AGAINST ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESOFFICER, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEDIRECTOR, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLEMANAGER, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESMEMBER, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)PARTNER, OR OTHERWISE, AND REGARDLESS AFFILIATE OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.ANY PARTY. [SIGNATURE PAGE FOLLOWS]

Limitations of Liability. MOMENTUM MAY BE LIABLE TO YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTANY OTHER PERSON FOR DAMAGES OR LOSSES DIRECTLY ATTRIBUTABLE TO ITS NEGLIGENCE OR WILLFUL MISCONDUCT. TOTAL LIABILITY FOR SUCH DIRECT DAMAGES OR LOSSES WILL IN NO EVENT EXCEED THE COST OF THE SYSTEM. THIS WILL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES IN LAW OR EQUITY ARE WAIVED, EVEN IF YOU HAVE GREATER RIGHTS UNDER THE LAWS OF THE STATE IN WHICH YOUR HOME IS LOCATED, WHICH YOU SHOULD CONSULT. MOMENTUM IS NOT RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS, EXPENSES OR LOSSES RELATING TO THIS AGREEMENT, IN CONTRACT OR TORT, INCLUDING NEGLIGENCE. YOU SHALL INDEMNIFY, DEFEND, PROTECT, SAVE AND HOLD HARMLESS MOMENTUM, ITS MEMBERSEMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVESAGENTS, EMPLOYEES, AGENTSFINANCING PARTNERS, AFFILIATES, VENDOR SUCCESSORS AND BUSINESS PARTNERS ASSIGNS FROM ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, COSTS, EXPENSES (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECTDAMAGES, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGESLIABILITIES, PENALTIES, LOSSES, OBLIGATIONS, INJURIES, DEMANDS AND LIENS OF ANY KIND OR SPECIAL LIABILITY NATURE ARISING OUT OF, CONNECTED WITH, RELATING TO OR RESULTING FROM YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; PROVIDED, THAT NOTHING HEREIN SHALL REQUIRE YOU TO INDEMNIFY MOMENTUM FOR ITS OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE TERMINATION OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSEXPIRATION OF THIS AGREEMENT. IN EXCEPT AS EXPRESSLY PROVIDED HEREIN, MOMENTUM MAKES NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ITS OBLIGATIONS OR REGARDING THE SOLAR SYSTEM. THERE IS NO WARRANTY OF MERCHANTABILITY OR RELATED TO USE FITNESS FOR A PARTICULAR PURPOSE, CONDITION, DESIGN, CAPACITY, SUITABILITY OR PERFORMANCE OF THE AZHDR EXCEED $50.00SYSTEM OR ITS INSTALLATION. MOMENTUM DOES NOT WARRANT OR GUARANTEE THE AMOUNT OF ENERGY PRODUCED BY THE SYSTEM OR ANY COST SAVINGS FOR ANY PERIOD. ANY CAUSE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW. ANY WARRANTY EXPRESSLY PROVIDED FOR IN THIS AGREEMENT EXCLUDES CONSEQUENTIAL AND INCIDENTAL DAMAGES TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW AND LIMITS THE DURATION OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED WARRANTIES NOT EXPRESSLY PROVIDED HEREIN TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE FULLEST EXTENT PERMISSIBLE UNDER STATE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSFEDERAL LAW.

Limitations of Liability. THERE ARE NO WARRANTIES FOR SERVICE. WE MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES, OR ACCEPT ANY CONDITIONS EXCEPT THOSE EXPRESSLY STATED WITHIN THIS AGREEMENT. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED. WE DO NOT WARRANT, GUARANTEE ACCEPT ANY CONDITION OR MAKE ANY REPRESENTATION THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE SOFTWARE WILL PRODUCE THE RESULTS YOU UNDERSTAND DESIRE, THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, FREE OF MATERIAL DEFECTS IN MATERIAL AND/OR WORKMANSHIP, THAT WE WILL CORRECT ALL SERVICE ERRORS, THAT ALL SERVICE ERRORS WILL BE CORRECTABLE, OR THAT THE SERVICE WILL OPERATE IN CONJUNCTION WITH THIRD-PARTY APPLICATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICE OR SOFTWARE THAT ARISE FROM CUSTOMER DATA OR THIRD-PARTY APPLICATIONS OR SERVICE PROVIDED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND AGREE THAT HEALTH CURRENTTHE SERVICE MAY BE SUBJECT TO LIMITATIONS, ITS MEMBERSDELAYS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL CONTENT OF CUSTOMER DATA THAT IS AVAILABLE VIA THE SERVICE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGESLOSSES OR DAMAGES (INCLUDING, PENALTIESWITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR SALES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, THE COST OF RECOVERING SUCH LOST INFORMATION, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF INTELLECTUAL PROPERTY, OR SPECIAL LIABILITY ANY OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSEVENT, OUR AGGREGATE LIABILITY IN RESPECT OF ANY AND ALL CLAIMS WILL BE LIMITED TO ANY AMOUNTS PAID TO US BY YOU DURING THE SUBSCRIPTION TERM. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM). YOU MAY NOT INSTITUTE ANY ACTION IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ANY FORM ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESHAS ARISEN. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OTHERWISE SUCH CAUSE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. CUSTOMER ACKNOWLEDGTES THAT THE LIMITATIONS OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL LIABILITY CONTAINED IN THIS AGREEMENT ARE NOT LIABLEA FUNDAMENTAL PART OF THE BASIS OF OUR BARGAIN HEREUNDER, AND YOU AGREE WE WOULD NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER ENTER INTO THIS AGREEMENT ABSENT SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSLIMITATIONS.

Limitations of Liability. YOU UNDERSTAND EXCEPT IN THE CASE OF FSN’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, FSN AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AFFILIATES AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES DAMAGES FOR LOSS OF PROFITS, REVENUES, USERS, OPPORTUNITIES, GOODWILL, USE, OR LOST PROFITSDATA), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY EVEN IF WE HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY(WHETHER SUCH CLAIM IS BASED ON WARRANTY, CAUSES CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE). EXCEPT IN THE CASE OF ACTION FSN’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR CLAIMSFRAUD, FSN AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY FSN UNDER THIS AGREEMENT FOR THE FSN SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. IF FSN SERVICE (OR ANY OTHER FSN PRODUCT) IS PROVIDED TO YOU WITHOUT CHARGE, THEN FSN WILL HAVE NO LIABILITY TO YOU WHATSOEVER. YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION ARE AN ESSENTIAL PART OF THE AGREEMENT AND AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF FSN SERVICE. THE FOREGOING DISCLAIMERS AND LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED IN THIS AGREEMENT.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTMIS SIM SSO, ITS MEMBERSAFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR EMPLOYEES AND BUSINESS PARTNERS AGENTS (COLLECTIVELY, THE “HEALTH CURRENT PERSONNELMIS SIM SSO PARTIES”), WILL ) SHALL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU CUSTOMER, ITS AFFILIATES, CUSTOMER USERS, END USERS, OR ANYONE ELSE ANY OF THEIR RESPECTIVE EMPLOYEES, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, PUNATIVE OR EXEMPLARY DAMAGES, PENALTIESINCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST DATA, LOST SAVINGS OR LOST REVENUES (COLLECTIVELY “EXCLUDED DAMAGES”) , WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR SPECIAL LIABILITY ARISING OUT OTHER THEORY OF OR IN LIABILITY, EVEN IF ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY MIS SIM SSO PARTIES HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE BEEN ADVISED OF THE POSSIBILITY OF SUCH OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES. IN NO EVENT SHALL THE LIABILITY OF THE MIS SIM SSO PARTIES TO CUSTOMER, LIABILITYITS AFFILIATES, CAUSES CUSTOMER USERS, END USERS, OR ANY OF ACTION THEIR RESPECTIVE EMPLOYEES, WHETHER ARISING OUT OF ANY CLAIM RELATED TO THIS AGREEMENT OR CLAIMSTHE SUBJECT MATTER HEREOF, EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO MIS SIM SSO HEREUNDER IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Limitations of Liability. YOU UNDERSTAND EXCEPT FOR YOUR INDEMNIFICATION AND AGREE THAT HEALTH CURRENTCONFIDENTIALITY OBLIGATIONS OR CONSEQUENCES ARISING FROM YOUR BREACH OF THIS AGREEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT(S) AND/OR OTHER PROPRIETARY INTERESTS RELATING TO THE LIQWID SERVICE OR TO ANY TAGS, ITS MEMBERSOTHER TECHNOLOGY, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVEINFORMATION, OR EXEMPLARY DAMAGESOTHER MATERIALS PROVIDED BY LIQWID, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. (A) IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR PUNITIVE DAMAGES WHETHER IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, OR OTHERWISEANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER EVEN IF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED PARTY HAS PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITYAND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY, CAUSES AND (B) NOTWITHSTANDING ANYTHING STATED IN THIS AGREEMENT TO THE CONTRARY, LIQWID'S MAXIMUM AGGREGATE LIABILITY UNDER OR WITH RESPECT TO THIS AGREEMENT FOR ANY AND ALL CLAIMS, REGARDLESS OF ACTION THE NUMBER OR NATURE OF THE CLAIMS, WHETHER ARISING IN CONTRACT, TORT, REGULATORY LAW, OR OTHERWISE, SHALL NOT EXCEED THE NET AMOUNT PAID BY YOU TO LIQWID DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT THE CLAIMS AROSE. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT ARE PART OF AN ALLOCATION OF RISKS AND BENEFITS BETWEEN YOU AND LIQWID AND THAT WITHOUT SUCH ALLOCATION OF RISKS AND BENEFITS, LIQWID WOULD BE UNWILLING TO ENTER INTO THIS AGREEMENT WITH YOU OR OTHERWISE ALLOW YOU TO USE THE LIQWID SERVICE.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSLimitation. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY CORE SMARTWORK BE LIABLE TO CUSTOMER FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO USE THIS AGREEMENT, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY CORE SMARTWORK’S GROSS NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS. TO THE MAXIMUM EXTENT MANDATED BY LAW, IN NO EVENT WILL CORE SMARTWORK AND ITS SUBCONTRACTORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE AZHDR EXCEED $50.00EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO CUSTOMER. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR CORE SMARTWORK’S AND ITS SUBCONTRACTOR’S LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER EVENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEBASED IN CONTRACT, AND YOU AGREE NOT TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE FEES PAID BY CUSTOMER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIESDAMAGES. THE FOREGOING LIMITATIONS WILL SHALL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION CORE SMARTWORK OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ITS SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CORE SMARTWORK SHALL NOT BE RESPONSIBLE FOR DATA OR INFORMATION UPLOADED, LIABILITY, CAUSES PUBLISHED OR OTHERWISE USED WITH THE SOFTWARE OR THAT IS REFERENCED OR LINKED TO BY THE SOFTWARE. CUSTOMER MAY NOT BRING A CLAIM UNDER THIS AGREEMENT MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION OR CLAIMS.ARISES. CONFIDENTIALITY

Limitations of Liability. YOU UNDERSTAND CLIENT AGREES THAT GIA AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR EMPLOYEES AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL AGENTS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (EXEMPLARY, PUNITIvE, STATUTORY, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES PROFITS, WITH RESPECT TO OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF UNDER OR RELATED TO USE OF THIS AGREEMENT, THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION SERvICES OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESA REPORT, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED EvEN IF ADvISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR GIA’S OBLIGATION TO PAY CLIENT THE INSURANCE PROCEEDS REFERENCED ABOvE, IN NO EvENT SHALL THE TOTAL, CUMULATIvE LIABILITY OF GIA EXCEED THE PRICE OF THE SERvICES PROvIDED BY GIA UNDER THIS AGREEMENT TO CLIENT FOR WHICH LIABILITY ARISES. THE LIMITATIONS ON LIABILITY IN THIS AGREEMENT (i) SHALL APPLY TO ANY CLAIMS AND CAUSES OF ACTION, UNDER ANY THEORY OF LIABILITY, CAUSES WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), INDEMNITY, OR OTHERWISE; AND (ii) SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ACTION THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH IN THIS AGREEMENT. CLIENT AGREES THAT GIX XS NOT OBLIGATED TO DEFEND, INDEMNIFY, OR HOLD CLIENT HARMLESS IN CONNECTION WITH ANY THIRD PARTY CLAIMS, SUITS, OR ACTIONS BROUGHT AGAINST CLIENT, INCLUDING WITHOUT LIMITATION CLAIMS BROUGHT BY ANY ARTICLE OWNER, PURCHASER, OR DOWNSTREAM PURCHASER. THE PARTIES HAvE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND THE REMEDIES SET FORTH IN THIS AGREEMENT AND FIND SUCH ALLOCATION AND REMEDIES TO BE REASONABLE, AND AGREE THAT THE FOREGOING LIMITATION AND THE OTHER LIMITATIONS IN THIS AGREEMENT ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THIS SECTION SHALL NOT OPERATE IN SUCH A WAY AS TO LIMIT GIA’S LIABILITY FOR GIA’S ACTS OR OMISSIONS FOR WHICH LIABILITY MAY NOT BE LIMITED UNDER APPLICABLE LAW.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR LOST PROFITS)DIMINUTION IN VALUE, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY WAY CONNECTED WITH AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR DOCUMENT SUBMISSIONS. LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE THIS AGREEMENT, WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED RELATED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO THE COMPANY FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO OMISSIONS OR OTHER ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA.WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. YOU UNDERSTAND AND REGARDLESS AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF WE WOULD NOT PROVIDE THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSSERVICES TO YOU.

Limitations of Liability. YOU UNDERSTAND BWIS, THE INFORMATION PROVIDERS, INFORMATION TRANSMITTERS, THIRD-PARTY RESEARCH PROVIDERS AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), ANY OTHER PERSON INVOLVED IN TRANSMITTING INFORMATION WILL NOT BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES SPECIAL OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM INDIRECT DAMAGES EVEN IF YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ADVISE THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, LIABILITYBUT IS NOT LIMITED TO, CAUSES CLAIMS FOR LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF ACTION USE OF THE INFORMATION OR CLAIMSFOR OMISSIONS OR INACCURACIES IN THE INFORMATION. AS A CONDITION TO ACCESSING OR RECEIVING THE INFORMATION, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST BWIS, ANY INFORMATION PROVIDER, RESEARCH PROVIDER OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING ANY INFORMATION BWIS MAKES AVAILABLE TO YOU. BY ACCESSING OR RECEIVING INFORMATION, YOU AGREE THAT THE LIABILITY OF BWIS, THE INFORMATION PROVIDERS, THE THIRD-PARTY RESEARCH PROVIDERS OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE ONLINE INVESTING SERVICE OR INFORMATION WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE ELECTRONIC SERVICES RELATED TO YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. No Liability for Events Outside of Direct Control. BWIS, the Financial Information Providers, Financial Information Transmitters, Third-Party Research Providers and any other person involved in transmitting Financial Information will not be liable for any loss that results from a cause over which that entity does not have direct control. Such causes include, but are not limited to: (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone or other interconnect problems; (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network; (6) problems with intermediate computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator errors, severe weather, earthquakes, other natural disasters or labor disputes. BWIS is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of the Online Investing Service.

Limitations of Liability. YOU UNDERSTAND NO CONSEQUENTIAL-TYPE DAMAGES. NGD AND AGREE THAT HEALTH CURRENTOUR LICENSORS, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVESAGENTS, EMPLOYEES, AGENTSOFFICERS AND/OR THIRD-PARTY VENDORS (“NGD PARTIES”) ARE NOT LIABLE FOR CONSEQUENTIAL, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)SPECIAL, EXEMPLARY, PUNITIVE, OR EXEMPLARY DAMAGESENHANCED DAMAGES WHATSOEVER, PENALTIESINCLUDING DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR SPECIAL LIABILITY ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY ARISING OUT OF OF, OR RELATING TO, OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT THIS AGREEMENT AND THE SERVICES, REGARDLESS OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1I) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESDAMAGES WERE FORESEEABLE, LIABILITY, CAUSES OF ACTION (II) WHETHER OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. • ABSOLUTE LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE NGD PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES, CAUSES WHETHER ARISING OUT OF ACTION OR CLAIMSRELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO NGD FOR THE SERVICES DURING THE PREVIOUS MONTH OR $500, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTCUSTOMER ASSUMES THE ENTIRE RISK OF USING THE SOFTWARE, INCLUDING ANY DAMAGE TO PERSONAL OR INTANGIBLE PROPERTY. LANSA HAS NO LIABILITY FOR ANY DEFECTS IN THE SOFTWARE OR FOR ANY RESULTS OBTAINED OR NOT OBTAINED THROUGH USE OF THE SOFTWARE. IN NO EVENT WILL LANSA OR ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE ANY END USERS FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)EXEMPLARY, PUNITIVE, INDIRECT OR EXEMPLARY SPECIAL DAMAGES, PENALTIESOR FOR ANY LOSS OF OR DAMAGE TO USE, DATA, BUSINESS, GOODWILL OR SPECIAL LIABILITY PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONSTHIS AGREEMENT. IN NO EVENT ANY CASE, LANSA'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT NOT EXCEED $1,000 OR THE TOTAL AMOUNT OF OR RELATED SUBSCRIPTION FEES PAID BY CUSTOMER TO USE LANSA IN RESPECT OF THIS AGREEMENT DURING THE ONE-YEAR PERIOD PRECEDING THE OCCURRENCE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED EVENT GIVING RISE TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESLIABILITY, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM WHICHEVER IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIESGREATER. THE FOREGOING LIMITATIONS WILL LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH DAMAGESLIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACTWARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE NOT THE LIABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, LIABILITYTHE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, CAUSES BUT ONLY TO THE EXTENT NECESSARY TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF ACTION OR CLAIMSRISK AND THAT SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Limitations of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU UNDERSTAND ACKNOWLEDGE AND AGREE THAT HEALTH CURRENTM86, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR SUPPLIERS AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), ITS AUTHORIZED RESELLERS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, INCIDENTALSPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST REVENUES LIMITATION, DAMAGES ARISING FROM: LOSS OF REVENUE OR LOST PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OR DISCLOSURE OF CONFIDENTIAL INFORMATION OR OTHER INFORMATION OR DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), PUNITIVE, AND ANY OTHER PECUNIARY OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED CONNECTION WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR RELATED TO USE INTERRUPTION OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION PRODUCT OR CLAIM YOU MAY HAVE ARISING OUT OF OR THE SUPPORT AND SUBSCRIPTION SERVICES, WHETHER BASED IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), GROSS NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISEOTHERWISE AND EVEN IF M86, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION ITS SUPPLIERS OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ITS AUTHORIZED RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, LIABILITYYOU ACKNOWLEDGE AND AGREE THAT THE TOTAL LIABILITY TO YOU OR ANY THIRD PARTY OF M86 AND ITS SUPPLIERS AND AUTHORIZED RESELLERS UNDER THIS AGREEMENT OR WITH RESPECT TO THE SUPPORT AND SUBSCRIPTION SERVICES IS LIMITED TO REPLACEMENT, CAUSES REPAIR OR REFUND OF ACTION THE PURCHASE PRICE OR CLAIMSLICENSE FEE PAID FOR THE PRODUCT ON A PRO-RATED BASIS OVER THE APPLICABLE LICENSE TERM OR, IF THE PRODUCT IS UNDER PERPETUAL LICENSE, ON A THREE (3) YEAR STRAIGHT LINE AMORTIZATION COMMENCING ON THE DATE OF FIRST DELIVERY OF THE PRODUCT TO YOU UNDER THIS AGREEMENT, AT M86'S OPTION.

Limitations of Liability. YOU UNDERSTAND TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY’S TOTAL AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL AGGREGATED LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THIS AGREEMENT OR THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY SERVICES PROVIDED HEREUNDER WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE)) OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR OTHERWISEDUE FROM CUSTOMER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY UNDER THIS AGREEMENT. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. THE FOREGOING SHALL NOT LIMIT CUSTOMER’S OBLIGATION TO PAY FEES LEGALLY OWED UNDER THIS AGREEMENT. HAFTUNGSBESCHRÄNKUNGEN. SOWEIT RECHTLICH ZULÄSSIG IST DIE JEWEILIGE GESAMTHAFTUNG BEIDER PARTEIN AUS ODER IN ZUSAMMENHANG MIT DIESEM VERTRAG ODER DEN GEMÄSS DIESEM VERTRAG ERBRACHTEN DIENSTLEISTUNGEN, AND REGARDLESS OF WHETHER SUCH DAMAGESOB VERTRAGLICH, LIABILITYDELIKTISCH (EINSCHLIESSLICH FAHRLÄSSIGKEIT) ODER AUFGRUND EINES ANDEREN RECHTLICHEN KONZEPTS, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGESAUF DIE BETRÄGE BESCHRÄNKT, LIABILITYDIE VOM KUNDEN IN DEN ZWÖLF (12) MONATEN, CAUSES OF ACTION OR CLAIMSDIE DEM HAFTUNGSAUSLÖSENDEN EREIGNIS GEMÄSS DIESEM VERTRAG UNMITTELBAR VORAUSGINGEN, GEMÄSS DIESEM VERTRAG TATSÄCHLICH GEZAHLT UND/ODER GESCHULDET WURDEN. DAS VORLIEGEN MEHRERER ANSPRÜCHE ERWEITERT DIESE BESCHRÄNKUNG NICHT. VORSTEHENDE BESTIMMUNG BESCHRÄNKT NICHT DIE VERPFLICHTUNG DES KUNDEN ZUR ZAHLUNG VON GEBÜHREN, DIE ER GEMÄSS DIESEM VERTRAG RECHTMÄSSIG SCHULDET.

Limitations of Liability. YOU UNDERSTAND THE CUSTOMER ACKNOWLEDGES AND AGREE AGREES THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL THE CONSIDERATION WHICH INNOVISE IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY INNOVISE OF THE RISK OF CUSTOMER’S INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, PENALTIESOR INDIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR SPECIAL LIABILITY OTHER ECONOMIC ADVANTAGE), ARISING OUT FROM BREACH OF WARRANTY OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING OR NEGLIGENCE), OR OTHERWISEANY OTHER LEGAL CAUSE OF ACTION ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, AND OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF WHETHER CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF EITHER PARTY TO ANY PERSON, LIABILITYBUSINESS OR OTHER BODY WHATSOEVER ARISING OUT OF OR IN THE CONNECTION WITH ANY LICENSE, CAUSES USE OR OTHER EMPLOYMENT OF ACTION THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OR CLAIMSREPUDIATION OF CONTRACT, BREACH OF WARRANTY, TORT, OR OTHERWISE, SHALL IN NO CASE EXCEED THE EQUIVALENT OF 12 MONTHS IN FEES APPLICABLE AT THE TIME OF THE EVENT. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF THE PARTIES ARISING FROM THIS AGREEMENT. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH IN THIS SECTION ARE INTEGRAL TO THE AMOUNT OF CONSIDERATION LEVIED IN CONNECTION WITH THE LICENSE OF THE SERVICE AND THAT, WERE INNOVISE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN; SUCH CONSIDERATION WOULD OF NECESSITY BE SET SUBSTANTIALLY HIGHER. THIS EXCLUSION DOES NOT APPLY TO DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF INNOVISE, ITS STAFF OR ITS CONTRACTORS AND AGENTS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTCHIA MAKES NO REPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO CHIA DATA, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVETHE SOFTWARE, OR EXEMPLARY DAMAGESANY OTHER INFORMATION PROVIDED BY CHIA OR ITS AGENTS WITH RESPECT TO ANY OF THE FOREGOING, PENALTIESAND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO CHIA DATA, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, CHIA MAKES NO WARRANTY, GUARANTEE OR REPRESENTATION REGARDING THE USE, OR SPECIAL LIABILITY ARISING OUT OF ANY INTENDED, EXPECTED, OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE ACTUAL RESULTS OF THE AZHDR EXCEED $50.00. USE, OF CHIA DATA, THE SOFTWARE, OR ANY CAUSE OTHER INFORMATION PROVIDED BY CHIA IN TERMS OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESCORRECTNESS, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEACCURACY, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)RELIABILITY, OR OTHERWISE. CHIA DOES NOT MAKE ANY WARRANTIES THAT CHIA DATA, SOFTWARE, OR ANY OTHER INFORMATION PROVIDED BY CHIA WILL BE ERROR-FREE. CHIA SPECIFICALLY DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO CHIA AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY EXPANSION, MODIFICATION, OR ADDITION TO THE LIMITATION AND EXCLUSION OF WARRANTIES IN THIS AGREEMENT. CHIA USES AVAILABLE TECHNOLOGY TO MATCH PATIENT IDENTITIES WITH THEIR HEALTH INFORMATION IN ORDER TO PROVIDE PARTICIPANTS WITH DE-IDENTIFIED PATIENT INFORMATION. BECAUSE PATIENT INFORMATION IS MAINTAINED IN MULTIPLE PLACES, NOT ALL OF WHICH ARE ACCESSIBLE TO CHIA, AND REGARDLESS OF WHETHER SUCH DAMAGESBECAUSE NOT ALL PATIENT INFORMATION IS KEPT IN A STANDARD FASHION OR IS REGULARLY UPDATED, LIABILITY, CAUSES OF ACTION IT IS POSSIBLE THAT FALSE MATCHES MAY OCCUR OR CLAIMS WERE FORESEEABLE THAT THERE MAY BE ERRORS OR HEALTH CURRENT PERSONNEL WERE ADVISED OF OMISSIONS IN THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION INFORMATION. CHIA DOES NOT AND CANNOT INDEPENDENTLY VERIFY OR CLAIMSREVIEW THE INFORMATION TRANSMITTED FOR ACCURACY OR COMPLETENESS.

Limitations of Liability. YOU UNDERSTAND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, KEET HEALTH AND AGREE THAT HEALTH CURRENTITS SHAREHOLDERS, ITS MEMBERSAFFILIATES, DIRECTORS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR EMPLOYEES AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU CLIENT, AUTHORIZED USERS OR ANYONE ELSE ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF USE, ATTORNEYS’ FEES, LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS DAMAGES WERE FORESEEABLE AND WHETHER OR NOT KEET HEALTH CURRENT PERSONNEL WERE ADVISED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, LIABILITYKEET HEALTH’S AGGREGATE LIABILITY FOR DAMAGES, CAUSES LOSSES, COSTS, AND EXPENSES ARISING OUT OF ACTION OR CLAIMSRELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS RECEIVED BY KEET HEALTH FROM CLIENT PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE CLIENT’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE FULLEST EXTENT PERMITTED BY LAW, ITS MEMBERSSELLER’S TOTAL LIABILITY TO BUYER, OFFICERSBUYER’S CUSTOMERS, DIRECTORSOR TO ANY OTHER PERSON, REPRESENTATIVESRELATING TO ANY PURCHASES AND/OR PRODUCT GOVERNED BY THIS AGREEMENT, EMPLOYEESFROM THE USE OF THE PRODUCT FURNISHED, AGENTSOR FROM ANY ADVICE, AFFILIATESINFORMATION OR ASSISTANCE PROVIDED BY SELLER (BY ANY METHOD, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”INCLUDING A WEBSITE), WILL IS LIMITED TO THE PRICE OF THE PRODUCT GIVING RISE TO THE CLAIM. SELLER SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECTSPECIAL, INCIDENTAL, DIRECT, CONSEQUENTIAL OR PENAL DAMAGES (INCLUDING INCLUDING, WITHOUT LIMITATION LOST REVENUES LIMITATION, BACK-CHARGES, LABOR COSTS, COSTS OF REMOVAL, REPLACEMENT, TESTING, LOSS OF BUSINESS, LOSS OF PROFITS OR LOST PROFITS)REVENUES, PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT LOSS OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00PRODUCT OR ANY ASSOCIATED GOODS, DAMAGE TO ASSOCIATED GOODS, LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF PRODUCT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCT, FACILITIES OR SERVICES, DOWNTIME, OR CLAIMS FROM BUYER’S CUSTOMERS OR OTHER PARTIES). IF SELLER FURNISHES BUYER WITH ADVICE OR OTHER ASSISTANCE WHICH CONCERNS ANY CAUSE OF ACTION PRODUCT SUPPLIED HEREUNDER, OR CLAIM YOU ANY OTHER PRODUCT OR GOOD IN WHICH ANY SUCH PRODUCT MAY HAVE ARISING OUT OF BE PLACED OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST WHICH SUCH PRODUCT MAY BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLECOMBINED, AND YOU AGREE WHICH IS NOT REQUIRED PURSUANT TO SEEK THIS AGREEMENT, THE FURNISHING OF SUCH ADVICE OR ASSISTANCE WILL NOT SUBJECT SELLER TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, ANY LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS. In no event shall Seller by liable to Buyer for any claims first asserted to or against Seller arising more than twelve (12) months following the Inspection Date (as defined herein above), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.

Limitations of Liability. YOU UNDERSTAND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE WARRANTY AND AGREE THAT HEALTH CURRENTOTHER DISCLAIMERS IN THIS AGREEMENT, IN NO EVENT SHALL TOMOFUN, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES, VENDOR AND BUSINESS PARTNERS BE (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE A) LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL (OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST LIMITATION, LOSS OF PROFITS), PUNITIVEDATA, USE, GOODWILL, OR EXEMPLARY DAMAGESOTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO THE SERVICES, PENALTIES, WHETHER OR SPECIAL LIABILITY ARISING OUT NOT WE HAVE BEEN INFORMED OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY SHOULD HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND (B) HAVE TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO (A) ABOVE, ARISING FROM OR RELATED TO THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO TOMOFUN OR AN AUTHORIZED TOMOFUN RESELLER FOR THE SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS (IF ANY). TOMOFUN DISCLAIMS ALL LIABILITY OF ANY KIND OF XXXXXXX’S LICENSORS AND SUPPLIERS. TOMOFUN DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO ANY CONTENT OR PRIVATE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR PRIVATE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR PRIVATE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF, OR EXPOSURE TO, ANY CONTENT OR PRIVATE CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, DISSEMINATED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THIS SECTION SHALL APPLY EVEN IF TOMOFUN IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, STRICT PRODUCT LIABILITY, CAUSES OR ANY OTHER LEGAL THEORY OF ACTION LIABILITY. FOR THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL, RECKLESS MISCONDUCT, OR CLAIMSGROSS NEGLIGENCE OF TOMOFUN.

Limitations of Liability. Autotiv cannot (a) assess the viability of your Specifications (or the Intellectual Property Rights with respect to Specifications) or (b) bear any liability with respect to the Specifications and Products created by you or any Manufacturing Partner. Therefore, you acknowledge and agree that your use of our Site and Services is at your sole risk. This Section sets out our sole obligation and your exclusive remedy for claims arising from use of the Site, or based on defects in or failure of any Product or any Services provided by Autotiv or the subject matter of any Product or Service. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HEALTH CURRENTTHAT, ITS MEMBERSTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), AUTOTIV WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR UNDER ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT THEORY OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE SITE, THE SERVICES, YOUR SPECIFICATIONS, ANY PRODUCTS CREATED FROM YOUR SPECIFICATIONS, ANY THIRD-PARTY MATERIALS, ANY AUTOTIV MATERIALS AND/OR THESE TERMS, WHETHER OR NOT AUTOTIV OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGESLOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAUSES AUTOTIV’S TOTAL LIABILITY IN CONNECTION WITH THE SITE, THE SERVICES, YOUR SPECIFICATIONS, ANY PRODUCTS CREATED FROM YOUR SPECIFICATIONS, ANY THIRD PARTY MATERIALS, ANY AUTOTIV MATERIALS, AND/OR THESE TERMS WILL NOT EXCEED THE PRICE THAT YOU ACTUALLY PAID TO HAVE THE PRODUCT(S) PRODUCED FROM THE SPECIFICATIONS YOU SUBMITTED VIA THE SITE UNDER YOUR NAME, YOUR COMPANY’S NAME, AND/OR THE AUTOTIV ACCOUNT ASSOCIATED WITH SUCH SPECIFICATIONS. YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL AUTOTIV BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY RESULTING FROM ANY PRODUCT, INCLUDING ANY PRODUCT DEFECT RESULTING FROM THE MANUFACTURE OF ACTION OR CLAIMSA PRODUCT IN ACCORDANCE WITH THE SPECIFICATIONS. You hereby release Autotiv and its affiliates, and their officers, directors, employees, agents, and consultants and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that is either directly or indirectly related to or arises from your Part(s). If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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”.

Limitations of Liability. YOU UNDERSTAND THE TOTAL LIABILITY OF SELLER, INCLUDING ITS SUBCONTRACTORS OR SUPPLIERS, ON ANY AND AGREE THAT HEALTH CURRENTALL CLAIMS, ITS MEMBERSWHETHER IN CONTRACT, OFFICERSWARRANTY, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL TORT (INCLUDING WITHOUT LIMITATION LOST REVENUES NEGLIGENCE OR LOST PROFITS)PATENT INFRINGEMENT) OR OTHERWISE, PUNITIVEARISING OUT OF, CONNECTED WITH, OR EXEMPLARY DAMAGESRESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY AGREEMENT RESULTING HERE FROM OR FROM THE MANUFACTURE, PENALTIESSALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR SPECIAL LIABILITY ARISING OUT USE OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSPRODUCT RELATING THERETO SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE PURCHASE ORDER WHICH DIRECTLY GIVES RISE TO THE CLAIM. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESEVENT, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), NEGLIGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, AND REGARDLESS SHALL SELLER, OR ITS SUBCONTRACTORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF WHETHER PROFIT OR REVENUES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT OR SOFTWARE OR DATA, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER OR DOWNTIME COSTS FOR SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR CLAIM. PURCHASER ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT SELLER WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. 7. FORCE MAJEURE. Seller will use reasonable efforts to complete shipment of Products in accordance with the requested delivery dates, LIABILITYbut will not be liable for any loss or damage for delay in delivery, CAUSES OF ACTION OR CLAIMSinability to implant or any other failure due to causes beyond its reasonable control including acts of government or compliance with any governmental rules or regulations, acts of God or the public, war, civil commotion, blockades, embargos, calamities, floods, fires, earthquakes, explosions, storms, strikes, lockouts, labor disputes, or unavailability of labor, raw materials, power or supplies. 8.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES OTHER THAN DIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGESDAMAGES OF ANY KIND), PENALTIES, OR SPECIAL LIABILITY WHETHER ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGESVENDOR WAS ADVISED, LIABILITYHAD OTHER REASON TO KNOW, CAUSES OF ACTION SHOULD HAVE ANTICIPATED, OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES OR THAT DIRECT DAMAGES WOULD NOT BE A SATISFACTORY REMEDY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITYSO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL VENDOR’S TOTAL LIABILITY WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT EXCEED THE MAPPING SERVICE FEES PAID BY YOU FOR THE WEB SITE. THESE LIMITATIONS APPLY EVEN IF THE REMEDY AVAILABLE TO YOU DOES NOT FULLY COMPENSATE YOU FOR YOUR LOSS OR FAILS OF ITS ESSENTIAL PURPOSE. THE PROVISIONS OF THIS SECTION ARE INDEPENDENT OF, CAUSES SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ACTION ANY OTHER ENFORCEABLE OR CLAIMSUNENFORCEABLE PROVISION OF THIS AGREEMENT.

Limitations of Liability. YOU UNDERSTAND THE TOTAL LIABILITY OF SELLER, INCLUDING ITS SUBCONTRACTORS OR SUPPLIERS, ON ANY AND AGREE THAT HEALTH CURRENTALL CLAIMS, ITS MEMBERSWHETHER IN CONTRACT, OFFICERSWARRANTY, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL TORT (INCLUDING WITHOUT LIMITATION LOST REVENUES NEGLIGENCE OR LOST PROFITS)PATENT INFRINGEMENT) OR OTHERWISE, PUNITIVEARISING OUT OF, CONNECTED WITH, OR EXEMPLARY DAMAGESRESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY AGREEMENT RESULTING HERE FROM OR FROM THE MANUFACTURE, PENALTIESSALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR SPECIAL LIABILITY ARISING OUT USE OF ANY DEVICE OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSCOMPONENT RELATING THERETO SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE PURCHASE ORDER WHICH DIRECTLY GIVES RISE TO THE CLAIM. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESEVENT, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), NEGLIGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, AND REGARDLESS SHALL SELLER, OR ITS SUBCONTRACTORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF WHETHER PROFIT OR REVENUES, LOSS OF USE OF THE DEVICE OR ANY COMPONENT OR ANY ASSOCIATED EQUIPMENT OR SOFTWARE OR DATA, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER OR DOWNTIME COSTS FOR SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, DAMAGES OR CLAIM. PURCHASER ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT SELLER WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY, CAUSES OF ACTION OR CLAIMS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT16.1 CARDINAL HEALTH’S TOTAL LIABILITY FOR LOSSES TO API, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS BULK DRUG PRODUCT OR OTHER MATERIALS PROVIDED BY CUSTOMER (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”OTHER THAN AS A RESULT OF [ ]*), WILL WHETHER OR NOT BE LIABLE INCORPORATED INTO FINISHED PRODUCT SHALL NOT EXCEED [ ]* PER BATCH, EXCEPT WHERE SUCH LOSSES OCCUR SPECIFICALLY AS A RESULT OF CARDINAL HEALTH’S FAILURE TO YOU [ ]* OF PRODUCT, OR ANYONE ELSE [ ]* OF PRODUCT INTO [ ]* IN ACCORDANCE WITH THE SPECIFICATIONS, IN WHICH CASE, CARDINAL HEALTH’S LIABILITY FOR ANY INDIRECTSUCH LOST PRODUCT SHALL NOT EXCEED THE LESSER OF [ ]* FOR EACH [ ]* OF LOST PRODUCT OR [ ]*. FOR PURPOSES OF THIS SECTION, INCIDENTALTHE TERM “LOST PRODUCT” SHALL ONLY MEAN LOSSES OF PRODUCT (A) WHICH ARE REJECTED AFTER COMPLETION OF INSPECTION OF [ ]* PRODUCT, CONSEQUENTIAL AND (B) WHICH RESULT SOLELY FROM CARDINAL HEALTH’S FAILURE TO [ ]* OF PRODUCT, OR [ ]* OF PRODUCT INTO [ ]* IN ACCORDANCE WITH THE SPECIFICATIONS, AND (C) SOLELY TO THE EXTENT SUCH LOSSES OF PRODUCT EXCEED [ ]* OF THE TOTAL NUMBER OF [ ]* VIALS THAT PASSED INSPECTION FROM THE SAME BATCH. IN NO EVENT SHALL * Confidential Treatment Requested. Omitted portions filed with the Commission. CARDINAL HEALTH’S TOTAL LIABILITY UNDER THIS AGREEMENT (INCLUDING WITHOUT LIMITATION LOST REVENUES SECTION 16.3) EXCEED, OTHER THAN FOR [ ]*, THE GREATER OF: (I) [ ]*; OR LOST PROFITS(II) [ ]* OF [ ]* PAID BY CUBIST TO CARDINAL HEALTH [ ]*; PROVIDED, HOWEVER, IN THE CASE OF (II), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNELSHALL CARDINAL HEALTH’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR TOTAL LIABILITY EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS[ ]*.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTEXCEPT WITH RESPECT TO BESTIT’S INDEMNIFICATION OBLIGATIONS OR A BREACH OF EITHER PARTY'S CONFIDENTIALITY OBLIGATIONS, ITS MEMBERSBESTIT’S AGGREGATE LIABILITY (WHETHER IN CONTRACT, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU TORT OR ANYONE ELSE OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL ALL CLAIMS OF LIABILITY ARISING OUT OF OF, OR IN CONNECTION WITH ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONSWORK PROVIDED PURSUANT TO THIS MSA SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SPECIFIC WORK GIVING RISE TO SUCH CLAIM DURING THE PRIOR TWELVE (12) MONTH PERIOD. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, USE OF MONEY OR USE OF THE SOFTWARE, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR RELATED TO USE FAILURE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION EXPRESS OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESIMPLIED WARRANTY, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER EVEN IF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESCLAIMS OR DEMANDS. EACH PARTY ACKNOWLEDGES THAT THESE LIMITATIONS APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE AND THAT, LIABILITYWITHOUT THESE LIMITATIONS, CAUSES OF ACTION OR CLAIMSTHE FEE FOR THE WORK PROVIDED HEREUNDER WOULD BE HIGHER.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS EXCEPT WITH RESPECT TO LIABILITY RESULTING FROM EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11 (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”INDEMNIFICATION), GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, BREACH OF SECTION 8 (CONFIDENTIALITY) OR INFRINGEMENT, MISAPPROPRIATION OR OTHER VIOLATION OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, (I) NEITHER PARTY WILL NOT BE LIABLE TO YOU THE OTHER FOR LOSS OF ANTICIPATORY PROFITS, REVENUE OR ANYONE ELSE FOR SAVINGS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, EXEMPLARY, LOST BUSINESS OPPORTUNITIES, IMPERFECT COMMUNICATIONS, MARKET SHARE OR EXEMPLARY DAMAGESCONSEQUENTIAL DAMAGES INCURRED IN CONNECTION WITH THIS AGREEMENT, PENALTIES, OR SPECIAL LIABILITY INCLUDING ANY SUCH DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF FROM OR RELATED TO USE ANY NETWORK DISRUPTION, DAMAGES FOR LOSS OF THE AZHDR EXCEED $50.00. ANY CAUSE PROFIT, SYSTEM DEGRADATION, MALFUNCTION, DISRUPTION OF ACTION SERVICE, LOSS OF DATA, INADVERTENT DISCLOSURE OR CLAIM YOU MAY HAVE ARISING OUT THEFT OF DATA OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUESINFORMATION, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLEVANDALISM, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)EXCUSED DELAY, OR OTHERWISEANY OTHER REASON, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF EVEN IF THE PARTIES CONTEMPLATED THE POSSIBILITY OF SUCH DAMAGESDAMAGES IN ADVANCE, LIABILITYAND WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT, CAUSES AND (II) EACH PARTY’S AGGREGATE LIABILITY FOR ANY DAMAGES OF ACTION ANY KIND UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $5,000,000 AND TOTAL SERVICE FEES PAID OR CLAIMSPAYABLE BY INTELSAT TO GOGO DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE LIMITATIONS SET FORTH IN THIS SECTION 13 SHALL NOT APPLY TO LIABILITY ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD.

Limitations of Liability. YOU UNDERSTAND Limitation of Damages. SCHWAB, THE INFORMATION PROVIDERS, INFORMATION TRANSMITTERS, THIRD PARTY RESEARCH PROVIDERS, AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), ANY OTHER PERSON INVOLVED IN TRANSMITTING INFORMATION WILL NOT BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES SPECIAL OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM INDIRECT DAMAGES EVEN IF YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ADVISE THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, LIABILITYBUT IS NOT LIMITED TO, CAUSES CLAIMS FOR LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF ACTION USE OF THE INFORMATION OR CLAIMSFOR OMISSIONS OR INACCURACIES IN THE INFORMATION. AS A CONDITION TO ACCESSING OR RECEIVING THE INFORMATION, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST SCHWAB, ANY INFORMATION PROVIDER, RESEARCH PROVIDER, OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING ANY INFORMATION SCHWAB MAKES AVAILABLE TO YOU. BY ACCESSING OR RECEIVING INFORMATION, YOU AGREE THAT THE LIABILITY OF SCHWAB, THE INFORMATION PROVIDERS, THE THIRD PARTY RESEARCH PROVIDERS, OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH XXXXXX'X ELECTRONIC SERVICES OR INFORMATION WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE ELECTRONIC SERVICES RELATED TO YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. No Liability for Events Outside of Entities' Direct Control. Schwab, the Information Providers, Information Transmitters, Third Party Research Providers, and any other person involved in transmitting Information will not be liable for any loss that results from a cause over which that entity does not have direct control. Such causes include, but are not limited to, (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone or other interconnect problems; (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network; (6) problems with intermediate computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator errors, severe weather, earthquakes, other natural disasters or labor disputes. Schwab is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of Xxxxxx'x Electronic Services.

Limitations of Liability. YOU UNDERSTAND Limitation of Damages. PERQUEST, THE PERQUEST PROVIDERS, INCLUDING NETSUITE, INC. AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, THEIR OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR EMPLOYEES AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES SPECIAL OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM INDIRECT DAMAGES EVEN IF YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ADVISE THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, LIABILITYBUT IS NOT LIMITED TO, CLAIMS FOR LOST PROFITS, AND DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE INFORMATION OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION. AS A CONDITION TO ACCESSING ELECTRONIC SERVICES, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST PERQUEST AND THE PERQUEST PROVIDERS REGARDING ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES. PERQUEST AND THE PERQUEST PROVIDERS, INCLUDING NETSUITE, INC. AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF RECOVERY (WHETHER IN CONTRACT OR TORT OR OTHERWISE) FOR (i) ANY FEES, COSTS, CHARGES OR ANY DAMAGES CAUSED BY LOST SHIPMENT OR TRANSMISSION OF CHECKS OR ANY FORM OF DISBURSEMENT INCLUDING, BUT NOT LIMITED TO, STOP PAYMENT FEES, REPRINTING OR RETRANSMISSION COSTS, SHIPPING CHARGES OR CONSEQUENTIAL EXPENSES AND DAMAGE; (ii) ANY CHARGES, FEES OR EXPENSES INCURRED BY YOU, YOUR AGENTS OR EMPLOYEES WHICH ARE DUE TO LATE PAYCHECKS, REGARDLESS OF WHETHER SUCH PAYCHECKS ARE TO BE PREPARED AND DELIVERED BY PERQUEST OR BY YOU; AND (iii) NON-PERFORMANCE OF SERVICES WHICH HAVE BEEN SUSPENDED DUE TO FAILURE OR DELAY IN PAYMENT OF FEES. CHECK AND ELECTRONIC DISBURSEMENTS MADE ON YOUR BEHALF ARE FOB THE SHIPPING OR TRANSMITTING SITE. BY ACCESSING ELECTRONIC SERVICES, YOU AGREE THAT IN NO EVENT WILL THE LIABILITY OF PERQUEST AND THE PERQUEST PROVIDERS, INCLUDING NETSUITE, INC. AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH PERQUEST'S SERVICES PERFORMED PURSUANT TO THIS AGREEMENT EXCEED THE AMOUNT YOU HAVE PAID FOR THE ELECTRONIC SERVICES UNDER THIS AGREEMENT RELATED TO YOUR CLAIM. IN ADDITION TO THE LIMITATIONS SET FORTH ABOVE IN THIS SECTION 6, PERQUEST AND THE PERQUEST PROVIDERS, INCLUDING NETSUITE, INC. WILL NOT BE LIABLE FOR ANY LOSS THAT RESULTS FROM ANY CAUSE OVER WHICH PERQUEST DOES NOT HAVE CONTROL. SUCH CAUSES INCLUDE, BUT ARE NOT LIMITED TO, (1) THE FAILURE OF ACTION ELECTRONIC OR CLAIMSMECHANICAL EQUIPMENT OR COMMUNICATION LINES; (2) TELEPHONE OR OTHER INTERCONNECT PROBLEMS; (3) BUGS, ERRORS, CONFIGURATION PROBLEMS OR THE INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE; (4) THE FAILURE OR UNAVAILABILITY OF INTERNET ACCESS; (5) PROBLEMS WITH INTERNET SERVICE PROVIDERS OR OTHER EQUIPMENT OR SERVICES RELATING TO YOUR COMPUTER OR NETWORK; (6) PROBLEMS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES; (7) PROBLEMS WITH DATA TRANSMISSION FACILITIES OR YOUR TELEPHONE, CABLE OR WIRELESS SERVICE; (8) UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OTHER NATURAL DISASTERS OR LABOR DISPUTES; OR (9) ACTS OF GOD, INCLUDING WITHOUT LIMITATION, NATURAL DISASTER, FIRE, TERRORISM, LABOR STOPPAGE, WAR, TERRORISM, MILITARY HOSTILITIES, OR CRIMINAL ACTS OF THIRD PARTIES. PERQUEST IS ALSO NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE, WIRELESS DEVICE OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF PERQUEST'S ELECTRONIC SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Limitations of Liability. YOU UNDERSTAND Limitation of Damages. SCHWAB, THE INFORMATION PROVIDERS, INFORMATION TRANSMITTERS, THIRD-PARTY RESEARCH PROVIDERS AND AGREE THAT HEALTH CURRENT, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), ANY OTHER PERSON INVOLVED IN TRANSMITTING INFORMATION WILL NOT BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES SPECIAL OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM INDIRECT DAMAGES EVEN IF YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ADVISE THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, LIABILITYBUT IS NOT LIMITED TO, CAUSES CLAIMS FOR LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF ACTION USE OF THE INFORMATION OR CLAIMSFOR OMISSIONS OR INACCURACIES IN THE INFORMATION. AS A CONDITION TO ACCESSING OR RECEIVING THE INFORMATION, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST SCHWAB, ANY INFORMATION PROVIDER, RESEARCH PROVIDER OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING ANY INFORMATION SCHWAB MAKES AVAILABLE TO YOU. BY ACCESSING OR RECEIVING INFORMATION, YOU AGREE THAT THE LIABILITY OF SCHWAB, THE INFORMATION PROVIDERS, THE THIRD-PARTY RESEARCH PROVIDERS OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH XXXXXX'X ELECTRONIC SERVICES OR INFORMATION WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE ELECTRONIC SERVICES RELATED TO YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. No Liability for Events Outside of Entities' Direct Control. Schwab, the Information Providers, Information Transmitters, Third-Party Research Providers and any other person involved in transmitting Information will not be liable for any loss that results from a cause over which that entity does not have direct control. Such causes include, but are not limited to: (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone or other interconnect problems; (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network; (6) problems with intermediate computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator errors, severe weather, earthquakes, other natural disasters or labor disputes. Schwab is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of Xxxxxx'x Electronic Services.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTEWSHosting, ITS MEMBERSDIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS (IT BEING ACKNOWLEDGED BY THE SUBSCRIBER THAT FOR THE PURPOSES OF THIS SECTION ONLY, EWSHosting IS CONTRACTING AS AGENT ON BEHALF OF ITS DIRECTORS, REPRESENTATIVESOFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL ) SHALL NOT BE LIABLE TO YOU THE SUBSCRIBER OR ANYONE ELSE ANY OTHER PERSON (EXCEPT FOR PHYSICAL INJURIES AS A RESULT OF EWSHosting‟S NEGLIGENCE) FOR (1) ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING OR PUNITIVE DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION LOST REVENUES LIMITATION, PROPERTY DAMAGE, LOSS OF DATA, LOSSES RESULTING FROM A THIRD PARTY‟S UNAUTHORISED ACCESS TO DATA, LOSS OF PROFIT, LOSS OF EARNINGS, FINANCIAL LOSS, LOSS OF BUSINESS OPPORTUNITY, PERSONAL INJURY, DEATH OR LOST PROFITS)ANY OTHER DAMAGE OR LOSS HOWEVER CAUSED, PUNITIVERESULTING DIRECTLY OR INDIRECTLY, OR EXEMPLARY DAMAGESRELATING, PENALTIESIN ANY MANNER, TO THE TERMS AND CONDITIONS HEREIN, THE EWSHosting SERVICES, OR SPECIAL LIABILITY ARISING OUT THE SUBSCRIBER‟S COMPUTER SYSTEM; OR (2) DEFAMATION OR COPYRIGHT INFRINGEMENT THAT RESULTS FROM MATERIAL TRANSMITTED OR RECEIVED OTHER THAN THE EWSHosting‟S SERVICES. THESE LIMITS APPLY TO ANY ACT OR OMMISION OF EWSHosting, EWSHosting‟S EMPLOYEES, OR AGENTS, WHICH WOULD OTHERWISE BE A CAUSE OF ACTION IN CONTRACT, TORT OR ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. OTHER DOCTRINE OF LAW AND IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED SHALL EWSHosting‟S LIABILITY TOWARD THE SUBSCRIBER EXCEED THE TOTAL AMOUNT PAID TO USE EWSHosting BY THE SUBSCRIBER FOR ANY AFFECTED SERVICE, DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE AZHDR EXCEED $50.00CLAIM. ANY CAUSE THIS SECTION SHALL CONTINUE TO APPLY NOTWITHSTANDING EXPIRATION OR TERMINATION OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSTHESE TOS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTNOTWITHSTANDING ANY OTHER PROVISION OF THIS LEASE, ITS MEMBERSANY OTHER OPERATIVE DOCUMENT OR APPLICABLE LAW, NEITHER THE LESSOR NOR THE INDENTURE TRUSTEE NOR ANY OF THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, SHALL HAVE ANY CLAIM, REMEDY OR RIGHT TO PROCEED AGAINST THE LESSEE, LUCENT, ATOR OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES OR DIRECTORS, REPRESENTATIVESWHETHER BY VIRTUE OF ANY CONSTITUTIONAL PROVISION, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL NOT BE LIABLE TO YOU STATUTE OR ANYONE ELSE FOR RULE OF LAW OR BY ENFORCEMENT OF ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES PENALTY OR LOST PROFITS), PUNITIVE, ASSESSMENT OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLEOTHERWISE, FOR THE CONDUCT PAYMENT OF THIRD PARTIESANY SUM OWING ON ACCOUNT OF THE OBLIGATIONS SET FORTH HEREIN, INCLUDING ANY DEFICIENCY, OR FOR THE PAYMENT OF ANY LIABILITY RESULTING FROM THE BREACH OF ANY REPRESENTATION, AGREEMENT OR WARRANTY OF ANY NATURE WHATSOEVER IN THIS LEASE OR ANY OTHER OPERATIVE DOCUMENTS TO WHICH THE LESSEE IS A PARTY FROM ANY SOURCE OTHER THAN THE EQUIPMENT AND DIRECTLY-RELATED ASSETS. EACH OF THE FOREGOING LIMITATIONS WILL APPLY WHETHER LESSOR AND THE INDENTURE TRUSTEE HEREBY WAIVES AND RELEASES ANY PERSONAL LIABILITY OF THE LESSEE, LUCENT, ATOR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND DIRECTORS FOR AND ON ACCOUNT OF SUCH DAMAGES, LIABILITY, CAUSES AND THE LESSOR AGREES TO LOOK SOLELY TO THE EQUIPMENT AND THE DIRECTLY-RELATED ASSETS FOR THE SATISFACTION OF ACTION SUCH LIABILITY; PROVIDED, NOTHING HEREIN CONTAINED SHALL LIMIT, RESTRICT OR CLAIMS ARISE OUT IMPAIR THE RIGHTS OF BREACH THE LESSOR OR THE INDENTURE TRUSTEE, AS THE CASE MAY BE, (a) TO EXERCISE REMEDIES UPON A LEASE EVENT OF CONTRACTDEFAULT AS PROVIDED FOR IN THIS LEASE, TORT (INCLUDING NEGLIGENCEb) TO BRING SUIT AND OBTAIN A JUDGMENT AGAINST THE LESSEE, ATOR, LUCENT OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES OR DIRECTORS (PROVIDED EXECUTION THEREOF SHALL BE LIMITED TO THE EQUIPMENT AND DIRECTLY-RELATED ASSETS UNLESS LESSEE IS UNWILLING OR UNABLE, EXCEPT BY REASON OF AN AUTOMATIC STAY UNDER THE BANKRUPTCY CODE OR ANY COMPARABLE PROVISION OF APPLICABLE LAW, TO SPECIFICALLY PERFORM LESSEE'S OBLIGATIONS TO RETURN THE EQUIPMENT OR ANY ITEM THEREOF WHEN REQUIRED, IN WHICH EVENT LESSEE SHALL BE LIABLE FOR THE FAIR MARKET SALES VALUE THEREOF), (c) TO EXERCISE ALL RIGHTS AND REMEDIES PROVIDED UNDER THIS LEASE WITH RESPECT TO THE EQUIPMENT AND DIRECTLY-RELATED ASSETS OR OTHERWISEOTHERWISE REALIZE UPON THE EQUIPMENT AND DIRECTLY-RELATED ASSETS, OR (d) TO LIMIT OR OTHERWISE AFFECT ANY LIABILITIES OF LUCENT, ATOR AND REGARDLESS OF WHETHER THEIR RESPECTIVE AFFILIATES FOR AMOUNTS PAYABLE IN CONNECTION WITH SELF INSURANCE PROVIDED BY SUCH DAMAGESENTITIES. IT IS FURTHER UNDERSTOOD THAT NOTHING HEREIN CONTAINED SHALL LIMIT, LIABILITY, CAUSES OF ACTION RESTRICT OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED IMPAIR THE RIGHTS OF THE POSSIBILITY OWNER TRUSTEE OR THE INDENTURE TRUSTEE, AS THE CASE MAY BE, TO ENFORCE THE OBLIGATIONS OF SUCH DAMAGESTHE CO-LESSEE OR CIROR UNDER THIS LEASE, LIABILITY, CAUSES OF ACTION OR CLAIMSTHE GUARANTY AND THE OTHER OPERATIVE DOCUMENTS TO WHICH IT IS A PARTY.

Limitations of Liability. YOU UNDERSTAND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND AGREE THAT HEALTH CURRENT, ITS OUR MANAGING MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVESSHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS)SPECIAL, CONSEǪUENTIAL, PUNITIVE, OR EXEMPLARY MULTIPLE DAMAGES, PENALTIESOR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR SPECIAL LIABILITY ARISING OUT ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT OF INABILITY TO ACCESS OR RELATED TO USE OF THE AZHDR EXCEED $50.00. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE SERVICES; (1B) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES. PARTIES ON OR THROUGH THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESSERVICES; OR (C) UNAUTHORIZED ACCESS, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)USE, OR OTHERWISEALTERATION OF YOUR CONTENT, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM. Arbitration, LIABILITYClass-Action Waver, CAUSES OF ACTION OR CLAIMSand Jury Waver: PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND WECEPT AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE FULLEST EXTENT ALLOWED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL INTUIT SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCE FOR ANY INDIRECTSPECIAL, INCIDENTALCONSEQUENTIAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT THIS AGREEMENT, THE PROGRAM OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA OR RELATED ANY DAMAGES OR SUMS PAID BY PROADVISOR TO USE THIRD PARTIES, EVEN IF INTUIT HAS BEEN ADVISED OF THE AZHDR EXCEED $50.00. ANY CAUSE POSSIBILITY OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIESDAMAGES. THE FOREGOING LIMITATIONS WILL LIMITATION OF LIABILITY SHALL APPLY WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, WARRANTY OR ANY STATUTORY DUTY, NEGLIGENCE OR OTHER TORT, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES, LIABILITYTHIS LIMITATION MAY NOT APPLY TO PROADVISOR. INTUIT’S TOTAL LIABILITY FOR ALL DAMAGES, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF ALLEGED DAMAGES, AND LOSSES HEREUNDER, (WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS ) SHALL NOT EXCEED THE LESSER OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION AMOUNTS RECEIVED BY INTUIT UNDER THIS AGREEMENT OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSFIVE THOUSAND ($5,000) SGD DOLLARS.

Limitations of Liability. YOU UNDERSTAND AND AGREE THAT HEALTH CURRENTTO THE FULLEST EXTENT ALLOWED BY LAW, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, VENDOR AND BUSINESS PARTNERS (COLLECTIVELY, “HEALTH CURRENT PERSONNEL”), WILL INTUIT SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCE FOR ANY INDIRECTSPECIAL, INCIDENTALCONSEQUENTIAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DOCUMENT SUBMISSIONS. IN NO EVENT WILL HEALTH CURRENT PERSONNEL’S LIABILTY ARISING OUT THIS AGREEMENT, THE PROGRAM OR THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA OR RELATED ANY DAMAGES OR SUMS PAID BY Member TO USE THIRD PARTIES, EVEN IF INTUIT HAS BEEN ADVISED OF THE AZHDR EXCEED $50.00. ANY CAUSE POSSIBILITY OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR DOCUMENT SUBMISSION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT HEALTH CURRENT PERSONNEL ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIESDAMAGES. THE FOREGOING LIMITATIONS WILL LIMITATION OF LIABILITY SHALL APPLY WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, WARRANTY OR ANY STATUTORY DUTY, NEGLIGENCE OR OTHER TORT, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. SINCE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES, LIABILITYTHIS LIMITATION MAY NOT APPLY TO Member. INTUIT’S TOTAL LIABILITY FOR ALL DAMAGES, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF ALLEGED DAMAGES, AND LOSSES HEREUNDER, (WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS ) SHALL NOT EXCEED THE LESSER OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION AMOUNTS RECEIVED BY INTUIT UNDER THIS AGREEMENT OR CLAIMS WERE FORESEEABLE OR HEALTH CURRENT PERSONNEL WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMSFIVE THOUSAND ($5,000) DOLLARS.