Common use of Representations and Warranties Limitation of Liability Clause in Contracts

Representations and Warranties Limitation of Liability. Each party hereby represents and warrants as follows: (i) it has full corporate power and authority to enter into this Agreement and to carry out the provisions hereof, (ii) it is duly authorized to execute and deliver this Agreement and to perform its obligations hereunder, (iii) this Agreement is a legal and valid obligation binding upon and enforceable according to its terms, (iv) the execution, delivery and performance of this Agreement by it does not conflict with any agreement to which it is a party or by which it may be bound, and (v) its website contemplated by this Agreement (HomeAdvisor in the case of MS, and the Company Site in the case of the Company), and the services provided pursuant thereto, shall be of a high nature, grade and quality and shall comply with all applicable laws and regulations throughout the term of this Agreement. EXCEPT AS SET FORTH ABOVE, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, A WARRANTY OF FITNESS FOR PURPOSE OR OF MERCHANTABILITY. OTHER THAN WITH RESPECT TO AN INDEMNIFIED CLAIM UNDER THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY), EVEN IF SUCH PARTY HAS BEEN ADVISED OF (OR KNOWS OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGES.

Representations and Warranties Limitation of Liability. Each party hereby represents and warrants as follows: (i) it has full corporate power and authority to enter into this Agreement and to carry out the provisions hereof, (ii) it is duly authorized to execute and deliver this Agreement and to perform its obligations hereunder, (iii) this tins Agreement is a legal and valid obligation binding upon it and enforceable according to its terms, (iv) the execution, delivery and performance of this Agreement by it does not conflict with any agreement to which it is a party or by which it may be bound, and (v) its website Web site(s) contemplated by this Agreement (HomeAdvisor in the case of MS, and the Company CompleteHome Site in the case of CompleteHome, and the CompanyCo-Branded Site and the ImproveNet Site in the case of ImproveNet), and the services provided pursuant thereto, shall be of a high nature, grade and quality and shall comply with all applicable laws and regulations throughout the term of this Agreement. EXCEPT AS SET FORTH ABOVE, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, A WARRANTY OF FITNESS FOR PURPOSE OR OF MERCHANTABILITYMERCHANTIBILITY. OTHER THAN WITH RESPECT TO AN INDEMNIFIED CLAIM UNDER THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY), EVEN IF SUCH PARTY HAS BEEN ADVISED OF (OR KNOWS OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY IN AN AMOUNT GREATER THAN THE AMOUNTS DUE FROM SUCH PARTY TO THE OTHER PARTY UNDER THIS AGREEMENT DURING THE TERM OF THE AGREEMENT. THIS LIMITATION OF EACH PARTY'S LIABILITY IS CUMULATIVE, WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THE AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT.

Representations and Warranties Limitation of Liability. Each party of us hereby represents and warrants as followsthat: (i)  it has full corporate power and authority to enter into this Agreement and to carry out the provisions hereof, (ii) it is duly authorized to execute and deliver this Agreement and to perform its obligations hereunder;  it has obtained all permits, (iii) licenses, and other governmental authorizations and approvals required for its performance under this Agreement;  the services to be rendered by each of us under this Agreement is a legal neither infringe nor violate any patent, copyright, trade secret, trademark, or other proprietary right of any third party. OurWorld will remain solely responsible for the operation of the OurWorld website, and valid obligation binding upon and enforceable according to its terms, (iv) you will remain solely responsible for the execution, delivery and performance operation of this Agreement by it does not conflict with any agreement to which it is a your site. Each party or by which it acknowledges that their respective sites may be bound, and (v) its website contemplated by this Agreement (HomeAdvisor in subject to temporary downtime due to causes beyond their reasonable control subject to the case of MS, and the Company Site in the case of the Company), and the services provided pursuant thereto, shall be of a high nature, grade and quality and shall comply with all applicable laws and regulations throughout the term specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site or service. EXCEPT AS SET FORTH ABOVEEACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT OURWORLD MAY GENERATE DURING THE TERM, NEITHER AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, A WARRANTY OF FITNESS FOR PURPOSE OR OF MERCHANTABILITY. OTHER THAN WITH RESPECT TO AN INDEMNIFIED CLAIM UNDER MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT, . NEITHER PARTY OURWORLD NOR AFFILIATE WILL BE LIABLE TO THE OTHER FOR ANY SPECIAL INDIRECT, INCIDENTALSPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. OURWORLD’S ENTIRE LIABILITY ARISING FROM BREACH OF THIS AGREEMENT WHETHER IN CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY)TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF (OR KNOWS OR SHOULD KNOW OF) WILL NOT EXCEED THE POSSIBILITY OF SUCH DAMAGESAMOUNTS PAYABLE TO AFFILIATE HEREUNDER. Operations and Policy OurWorld will be solely responsible for the operations of its product and customers who make purchases through the affiliate marketing program will be deemed customers of OurWorld. Accordingly, all rules, policies, operating procedures and information concerning customer sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice.

Representations and Warranties Limitation of Liability. Each party of us hereby represents and warrants as followsthat: (i)  it has full corporate power and authority to enter into this Agreement and to carry out the provisions hereof, (ii) it is duly authorized to execute and deliver this Agreement and to perform its obligations hereunder;  it has obtained all permits, (iii) licenses, and other governmental authorizations and approvals required for its performance under this Agreement;  the services to be rendered by each of us under this Agreement is a legal neither infringe nor violate any patent, copyright, trade secret, trademark, or other proprietary right of any third party. Xxxxxxxxxxxxxx.xxx will remain solely responsible for the operation of the Xxxxxxxxxxxxxx.xxx website, and valid obligation binding upon and enforceable according to its terms, (iv) you will remain solely responsible for the execution, delivery and performance operation of this Agreement by it does not conflict with any agreement to which it is a your site. Each party or by which it acknowledges that their respective sites may be bound, and (v) its website contemplated by this Agreement (HomeAdvisor in subject to temporary downtime due to causes beyond their reasonable control subject to the case of MS, and the Company Site in the case of the Company), and the services provided pursuant thereto, shall be of a high nature, grade and quality and shall comply with all applicable laws and regulations throughout the term specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site or service. EXCEPT AS SET FORTH ABOVEEACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT Xxxxxxxxxxxxxx.xxx MAY GENERATE DURING THE TERM, NEITHER AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, A WARRANTY OF FITNESS FOR PURPOSE OR OF MERCHANTABILITY. OTHER THAN WITH RESPECT TO AN INDEMNIFIED CLAIM UNDER MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT, . NEITHER PARTY Xxxxxxxxxxxxxx.xxx NOR AFFILIATE WILL BE LIABLE TO THE OTHER FOR ANY SPECIAL INDIRECT, INCIDENTALSPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. IND Xxxxxxxxxxxxxx.xxx’s ENTIRE LIABILITY ARISING FROM BREACH OF THIS AGREEMENT WHETHER IN CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY)TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF (OR KNOWS OR SHOULD KNOW OF) WILL NOT EXCEED THE POSSIBILITY OF SUCH DAMAGESAMOUNTS PAYABLE TO AFFILIATE HEREUNDER. Fulfillment and Policy Xxxxxxxxxxxxxx.xxx will be solely responsible for fulfilling all orders for its products and payment processing, and customers who buy products through the Affiliate Marketing Program will be deemed customers of Xxxxxxxxxxxxxx.xxx. Accordingly, all rules, policies, operating procedures and information concerning customer orders and sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice.

Representations and Warranties Limitation of Liability. Each party of us hereby represents and warrants as followsthat: (i) - it has full corporate power and authority to enter into this Agreement and to carry out the provisions hereof, (ii) it is duly authorized to execute and deliver this Agreement and to perform its obligations hereunder; - it has obtained all permits, (iii) licenses, and other governmental authorizations and approvals required for its performance under this Agreement; - the services to be rendered by each of us under this Agreement is a legal neither infringe nor violate any patent, copyright, trade secret, trademark, or other proprietary right of any third party. WAMS will remain solely responsible for the operation of the WAMS website, and valid obligation binding upon and enforceable according to its terms, (iv) you will remain solely responsible for the execution, delivery and performance operation of this Agreement by it does not conflict with any agreement to which it is a your site. Each party or by which it acknowledges that their respective sites may be bound, and (v) its website contemplated by this Agreement (HomeAdvisor in subject to temporary downtime due to causes beyond their reasonable control subject to the case of MS, and the Company Site in the case of the Company), and the services provided pursuant thereto, shall be of a high nature, grade and quality and shall comply with all applicable laws and regulations throughout the term specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site or service. EXCEPT AS SET FORTH ABOVEEACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT WAMS MAY GENERATE DURING THE TERM, NEITHER AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, A WARRANTY OF FITNESS FOR PURPOSE OR OF MERCHANTABILITY. OTHER THAN WITH RESPECT TO AN INDEMNIFIED CLAIM UNDER MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT, . NEITHER PARTY WAMS NOR AFFILIATE WILL BE LIABLE TO THE OTHER FOR ANY SPECIAL INDIRECT, INCIDENTALSPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. WAMS’s ENTIRE LIABILITY ARISING FROM BREACH OF THIS AGREEMENT WHETHER IN CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY)TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF (OR KNOWS OR SHOULD KNOW OF) WILL NOT EXCEED THE POSSIBILITY OF SUCH DAMAGESAMOUNTS PAYABLE TO AFFILIATE HEREUNDER.

Representations and Warranties Limitation of Liability. Each party of us hereby represents and warrants as followsthat: (i) it ● It has full corporate power and authority to enter into this Agreement and to carry out the provisions hereof, (ii) it is duly authorized to execute and deliver this Agreement and to perform its obligations hereunder; ● It has obtained all permits, (iii) licenses, and other governmental authorizations and approvals required for its performance under this Agreement; ● The services to be rendered by each of us under this Agreement is a legal neither infringe nor violate any patent, copyright, trade secret, trademark, or other proprietary right of any third party. Privy will remain solely responsible for the operation of Privy websites, and valid obligation binding upon and enforceable according you will remain solely responsible for the operation of your site. Each party acknowledges that their respective sites may be subject to its terms, (iv) temporary downtime due to causes beyond their reasonable control subject to the execution, delivery and performance specific terms of this Agreement Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site or service. EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT PRIVY AND ITS NETWORK OF WEBSITES MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. NEITHER PRIVY NOR AFFILIATE WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. PRIVY’S ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO AFFILIATE HEREUNDER. Qualifying Sites Privy reserves the right to refuse any site entry into the Privy Affiliate Marketing Program based on site content. Sites that do not qualify for the Affiliate Marketing Program include sites which: ● Promote sexually explicit materials ● Promote violence ● Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age ● Promote illegal activities ● List coupon codes or discounts that were NOT officially provided to them by it Xxxxx. If you want to promote a coupon, contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement. ● Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of RE Data Lab, Inc., Privy or any other site. Privy Anti-Spam Policy Privy strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following: ● Electronic mail messages addressed to a recipient with whom the sender does not conflict have an existing business or personal relationship or is not sent at the request of, or with any agreement the express consent of the recipient through an opt in subscription; ● Messages posted to which it is Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a party forum owner or by which it moderator complains that an affiliate has spammed, the affiliate account may be boundpermanently terminated after investigation. ● Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner. ● Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system; ● Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or were prohibited by applicable rules, regulations, or laws. ● Privy, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions: ● Account Termination: Upon the receipt of a credible complaint, the Privy Affiliate Program manager may investigate the complaint, and (v) its website contemplated by this Agreement (HomeAdvisor if necessary, will then terminate the affiliate account of the individual implicated in the case abuse. Termination results in the immediate closure of MSthe member and affiliate account, the loss of all referrals, and the Company Site forfeiture of any unpaid money on account. At Privy’s discretion, termination may not only result in being banned from the case affiliate program, but also being banned from ANY other internal affiliate programs. If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department xxxxxxxxxx@xxxxxxxxx.xxx Fulfillment and Policy Privy will be solely responsible for fulfilling all orders for its products and payment processing, and customers who buy products through the Affiliate Marketing Program will be deemed customers of Privy. Accordingly, all rules, policies, operating procedures and information concerning customer orders and sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice. Intellectual Property Rights Privy hereby grants to you during the Term a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between yours and our Web Sites and to use Privy’s trade names, logos, trademarks and service marks (the "Privy Marks") on your site, or by email or other means, solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform your obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of the Company)Privy Marks will be subject to Xxxxx’s prior written approval. You hereby grant to Privy during the Term, a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between yours and our Websites, or by email or other means, and to use your trade names, logos, trademarks and service marks (the services provided pursuant thereto, shall be of a high nature, grade "Affiliate Marks") solely as is reasonably necessary to establish and quality promote such hyperlinks and shall comply with all applicable laws and regulations throughout the term of to otherwise perform our obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of the Affiliate Marks will be subject to your prior written approval. EXCEPT AS SET FORTH ABOVEExcept as set forth above, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KINDyou and we each reserve all right, EITHER EXPRESS OR IMPLIEDtitle and interest in respective intellectual property rights (e.g., AS TO ANY MATTER INCLUDINGpatents, BUT NOT LIMITED TOcopyrights, A WARRANTY OF FITNESS FOR PURPOSE OR OF MERCHANTABILITYtrade secrets, trademarks and other intellectual property rights). OTHER THAN WITH RESPECT TO AN INDEMNIFIED CLAIM UNDER THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY), EVEN IF SUCH PARTY HAS BEEN ADVISED OF (OR KNOWS OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGESUse of the other's marks except as set forth herein is strictly prohibited.

Representations and Warranties Limitation of Liability. Each party hereby represents and warrants as follows: (i) it has full corporate power and authority to enter into this Agreement and to carry out the provisions hereof, (ii) it is duly authorized to execute and deliver this Agreement and to perform its obligations hereunder, (iii) this Agreement is a legal and valid obligation binding upon and enforceable according to its terms, (iv) the execution, delivery and performance of this Agreement by it does not conflict with any agreement to which it is a party or by which it may be bound, and (v) its website contemplated by this Agreement (HomeAdvisor in the case of MS, and the Company Site in the case of the Company), and the services provided pursuant thereto, shall be of a high nature, grade and quality and shall comply with all applicable laws and regulations throughout the term of this Agreement. EXCEPT THE SITE IS PRESENTED "AS SET FORTH ABOVE, NEITHER PARTY MAKES ANY IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDINGIN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, BUT NOT LIMITED TO, A WARRANTY OF FITNESS FOR PURPOSE OR OF MERCHANTABILITY. OTHER THAN WITH RESPECT TO AN INDEMNIFIED CLAIM UNDER THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES ARISING FROM BREACH OF CONTRACT ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR WARRANTY THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM NEGLIGENCE THIRD PARTY WEBSITES (f) ANY INACCURACIES OR STRICT LIABILITY)OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SUCH PARTY HAS WE HAVE BEEN ADVISED OF (OR KNOWS OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.