Common use of WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY Clause in Contracts

WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 8.1 Each party covenants, represents and warrants to the other that it has the right to enter into this Agreement, and to grant the licenses in Article 6. 8.2 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THE SERVICES OR DOWNLOADABLE CONTENT WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF SUBSCRIBER OR USER, (C) ALL ERRORS OR DEFECTS IN THE SERVICES OR ANY DOWNLOADABLE CONTENT CAN OR WILL BE CORRECTED, OR (D) THE SERVICES, ANY DOWNLOADABLE CONTENT, OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES, AND ITS LICENSORS. 8.3 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT HAVE ANY RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS OF THE DOWNLOADABLE CONTENT OR THE USER GENERATED CONTENT. THE SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE DOWNLOADABLE CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, AND THEREFORE RELIES ON THE DOWNLOADABLE CONTENT ENTIRELY AT ITS OWN RISK. 8.4 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OF ANY USER GENERATED CONTENT CAUSED BY MEMBER OR ANY USER, FOR THEIR FAILURE TO STORE ANY USER GENERATED CONTENT, OR FOR THEIR MISUSE OF THE LMN. 8.5 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT BE LIABLE TO MEMBER, INCLUDING EACH PARTY’S AFFILIATES, FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR OTHER ECONOMIC LOSS, OR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION SHALL NOT APPLY TO DAMAGES FOR CLAIMS ARISING OUT OF A DELIBERATE DISCLOSURE OF CONFIDENTIAL INFORMATION BY LANDSCAPE MANAGEMENT NETWORK. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER ANY ACTION IS BROUGHT IN CONTRACT OR IN TORT, (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY), OR FUNDAMENTAL BREACH AND/OR FAILURE OF ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN AND SHALL SURVIVE THE EXPIRATION, TERMINATION OR REPUDIATION OF THIS AGREEMENT. 8.6 Subscriber shall indemnify, defend and hold Landscape Management Network, its affiliates, and their Representatives harmless from any and all suits, actions or claims against Landscape Management Network by a third party arising from a breach of its warranty under section 8.1, or charging that the User Generated Content infringes any trade-xxxx or copyright in Canada or the United States of America or constitutes an illegal disclosure of the confidential information of a third party, provided that Subscriber is notified promptly in writing, has the exclusive right to control such defense, and, at its request and expense, is given authority and assistance by Landscape Management Network reasonably required for such defense. 8.7 Subscriber and Landscape Management Network hereby waive a jury trial in any suit, action or claim arising from or in connection to this Agreement, where applicable.

WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 8.1 6.1 Each party covenants, represents and warrants to the other that it has the right to enter into this Agreement, and to grant the licenses contemplated in Article 6.this Agreement.‌ 8.2 LANDSCAPE MANAGEMENT NETWORK6.2 LMN, ITS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THE SERVICES OR DOWNLOADABLE CONTENT WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF SUBSCRIBER OR USERPARTNER, (C) ALL ERRORS OR DEFECTS IN THE SERVICES OR ANY DOWNLOADABLE CONTENT PLATFORM CAN OR WILL BE CORRECTED, OR (D) THE SERVICESPLATFORM, ANY DOWNLOADABLE CONTENT, THE SERVICES OR THE SERVER(S) THAT MAKE THE PLATFORM AND/OR THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY LANDSCAPE MANAGEMENT NETWORKLMN, ITS AFFILIATES, AND ITS LICENSORS. 8.3 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT HAVE ANY RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS OF THE DOWNLOADABLE CONTENT OR THE USER GENERATED CONTENT. THE SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE DOWNLOADABLE CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, AND THEREFORE RELIES ON THE DOWNLOADABLE CONTENT ENTIRELY AT ITS OWN RISK. 8.4 LANDSCAPE MANAGEMENT NETWORK6.3 LMN, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OF ANY USER GENERATED CONTENT CAUSED BY MEMBER OR ANY USERPARTNER CONTENT, FOR THEIR FAILURE TO STORE ANY USER GENERATED PARTNER CONTENT, OR FOR THEIR USERS MISUSE OF THE LMNPLATFORM. 8.5 LANDSCAPE MANAGEMENT NETWORK6.4 LMN, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT BE LIABLE TO MEMBERPARTNER, INCLUDING EACH PARTY’S AFFILIATES, ITS AFFILIATES OR USERS FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR OTHER ECONOMIC LOSS, OR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION SHALL NOT APPLY TO DAMAGES FOR CLAIMS ARISING OUT OF A DELIBERATE DISCLOSURE OF CONFIDENTIAL INFORMATION BY LANDSCAPE MANAGEMENT NETWORK. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER ANY ACTION IS BROUGHT IN CONTRACT OR IN TORT, (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY), INDEMNITY, OR FUNDAMENTAL BREACH AND/OR FAILURE OF ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN AND SHALL SURVIVE THE EXPIRATION, TERMINATION OR REPUDIATION OF THIS AGREEMENT. 8.6 Subscriber 6.5 Partner shall indemnify, defend and hold Landscape Management NetworkLMN, its affiliates, and their Representatives representatives harmless from any and all suits, actions or claims against Landscape Management Network them by a third party arising from a breach of its warranty Partner’s representations, warranties or covenants under section 8.1this Agreement, or charging alleging that the User Generated Partner Content infringes or misappropriates any trade-xxxx or copyright in Canada or the United States of America intellectual property right or constitutes an illegal disclosure of the confidential information of a third party, provided that Subscriber Partner is notified promptly in writing, has the exclusive right to control such defense, and, at its request and expense, is given authority and assistance by Landscape Management Network LMN reasonably required for such defense. 8.7 Subscriber and Landscape Management Network hereby waive a jury trial in any suit, action or claim arising from or in connection to this Agreement, where applicable.

WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 8.1 Each party covenants, represents and warrants to the other that it has the right to enter into this Agreement, and to grant the licenses in Article 6. 8.2 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THE SERVICES OR DOWNLOADABLE CONTENT WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF SUBSCRIBER OR USER, (C) ALL ERRORS OR DEFECTS IN THE SERVICES OR ANY DOWNLOADABLE CONTENT CAN OR WILL BE CORRECTED, OR (D) THE SERVICES, ANY DOWNLOADABLE CONTENT, OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES, AND ITS LICENSORS. 8.3 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT HAVE ANY RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS OF THE DOWNLOADABLE CONTENT OR THE USER GENERATED CONTENT. THE SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE DOWNLOADABLE CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, AND THEREFORE RELIES ON THE DOWNLOADABLE CONTENT ENTIRELY AT ITS OWN RISK. 8.4 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OF ANY USER GENERATED CONTENT CAUSED BY MEMBER SUBSCRIBER OR ANY USER, FOR THEIR FAILURE TO STORE ANY USER GENERATED CONTENT, OR FOR THEIR MISUSE OF THE LMN. 8.5 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT BE LIABLE TO MEMBERSUBSCRIBER, ITS AFFILIATES OR USERS, INCLUDING EACH PARTY’S AFFILIATES, FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR OTHER ECONOMIC LOSS, OR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION SHALL NOT APPLY TO DAMAGES FOR CLAIMS ARISING OUT OF A DELIBERATE DISCLOSURE OF CONFIDENTIAL INFORMATION BY LANDSCAPE MANAGEMENT NETWORK. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER ANY ACTION IS BROUGHT IN CONTRACT OR IN TORT, (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY), INDEMNITY, OR FUNDAMENTAL BREACH AND/OR FAILURE OF ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN AND SHALL SURVIVE THE EXPIRATION, TERMINATION OR REPUDIATION OF THIS AGREEMENT. 8.6 Subscriber shall indemnify, defend and hold Landscape Management Network, its affiliates, and their Representatives harmless from any and all suits, actions or claims against Landscape Management Network by a third party arising from a breach of its warranty under section 8.1, or charging that the User Generated Content infringes any trade-xxxx or copyright in Canada or the United States of America or constitutes an illegal disclosure of the confidential information of a third party, provided that Subscriber is notified promptly in writing, has the exclusive right to control such defense, and, at its request and expense, is given authority and assistance by Landscape Management Network reasonably required for such defense. 8.7 Subscriber and Landscape Management Network hereby waive a jury trial in any suit, action or claim arising from or in connection to this Agreement, where applicable.

WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 8.1 Each party covenants, represents and warrants to the other that it has the right to enter into this Agreement, and to grant the licenses in Article 6. 8.2 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THE SERVICES OR DOWNLOADABLE CONTENT WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF SUBSCRIBER OR USER, (C) ALL ERRORS OR DEFECTS IN THE SERVICES OR ANY DOWNLOADABLE CONTENT CAN OR WILL BE CORRECTED, OR (D) THE SERVICES, ANY DOWNLOADABLE CONTENT, OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES, AND ITS LICENSORS. 8.3 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT HAVE ANY RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS OF THE DOWNLOADABLE CONTENT OR THE USER GENERATED CONTENT. THE SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE DOWNLOADABLE CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, AND THEREFORE RELIES ON THE DOWNLOADABLE CONTENT ENTIRELY AT ITS OWN RISK. 8.4 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OF ANY USER GENERATED CONTENT CAUSED BY MEMBER SUBSCRIBER OR ANY USER, FOR THEIR FAILURE TO STORE ANY USER GENERATED CONTENT, OR FOR THEIR MISUSE OF THE LMN. 8.5 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT BE LIABLE TO MEMBERSUBSCRIBER, INCLUDING EACH PARTY’S AFFILIATES, ITS AFFILIATES OR USERS FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR OTHER ECONOMIC LOSS, OR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION SHALL NOT APPLY TO DAMAGES FOR CLAIMS ARISING OUT OF A DELIBERATE DISCLOSURE OF CONFIDENTIAL INFORMATION BY LANDSCAPE MANAGEMENT NETWORK. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER ANY ACTION IS BROUGHT IN CONTRACT OR IN TORT, (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY), INDEMNITY, OR FUNDAMENTAL BREACH AND/OR FAILURE OF ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN AND SHALL SURVIVE THE EXPIRATION, TERMINATION OR REPUDIATION OF THIS AGREEMENT. 8.6 Subscriber shall indemnify, defend and hold Landscape Management Network, its affiliates, and their Representatives harmless from any and all suits, actions or claims against Landscape Management Network by a third party arising from a breach of its warranty under section 8.1, or charging that the User Generated Content infringes any trade-xxxx or copyright in Canada or the United States of America or constitutes an illegal disclosure of the confidential information of a third party, provided that Subscriber is notified promptly in writing, has the exclusive right to control such defense, and, at its request and expense, is given authority and assistance by Landscape Management Network reasonably required for such defense. 8.7 Subscriber and Landscape Management Network hereby waive a jury trial in any suit, action or claim arising from or in connection to this Agreement, where applicable.

WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY. 8.1 Each party covenants, represents and warrants to the other that it has the right to enter into this Agreement, and to grant the licenses in Article 6. 8.2 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THAT (A) THE USE OF THE LMN, GREENIUS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THE LMN, GREENIUS, SERVICES OR DOWNLOADABLE CONTENT WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF SUBSCRIBER OR USER, (C) ALL ERRORS OR DEFECTS IN THE LMN, GREENIUS, SERVICES OR ANY DOWNLOADABLE CONTENT CAN OR WILL BE CORRECTED, OR (D) THE LMN, GREENIUS. SERVICES, ANY DOWNLOADABLE CONTENT, OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-NON- INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES, AND ITS LICENSORS. 8.3 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT HAVE ANY RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS OF THE DOWNLOADABLE CONTENT OR THE USER GENERATED CONTENT. THE SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE DOWNLOADABLE CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, AND THEREFORE RELIES ON THE DOWNLOADABLE CONTENT ENTIRELY AT ITS OWN RISK. 8.4 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OF ANY USER GENERATED CONTENT CAUSED BY MEMBER SUBSCRIBER OR ANY USER, FOR THEIR FAILURE TO STORE ANY USER GENERATED CONTENT, OR FOR THEIR MISUSE OF THE LMNLMN OR GREENIUS. 8.5 LANDSCAPE MANAGEMENT NETWORK, ITS AFFILIATES OR THEIR REPRESENTATIVES SHALL NOT BE LIABLE TO MEMBERSUBSCRIBER, INCLUDING EACH PARTY’S AFFILIATES, ITS AFFILIATES OR USERS FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR OTHER ECONOMIC LOSS, OR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION SHALL NOT APPLY TO DAMAGES FOR CLAIMS ARISING OUT OF A DELIBERATE DISCLOSURE OF CONFIDENTIAL INFORMATION BY LANDSCAPE MANAGEMENT NETWORK. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER ANY ACTION IS BROUGHT IN CONTRACT OR IN TORT, (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY), INDEMNITY, OR FUNDAMENTAL BREACH AND/OR FAILURE OF ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN AND SHALL SURVIVE THE EXPIRATION, TERMINATION OR REPUDIATION OF THIS AGREEMENT. 8.6 Subscriber shall indemnify, defend and hold Landscape Management Network, its affiliates, and its and their officers, directors, employees, agents, suppliers and Representatives harmless from any and all suits, actions or claims against Landscape Management Network by a third party arising from a breach of its warranty under section 8.1, or charging that the User Generated Content infringes any trade-xxxx mark or copyright in Canada or the United States of America or constitutes an illegal disclosure of the confidential information of a third party, provided that Subscriber is notified promptly in writing, has the exclusive right to control such defense, and, at its request and expense, is given authority and assistance by Landscape Management Network reasonably required for such defense. 8.7 Subscriber and Landscape Management Network hereby waive a jury trial in any suit, action or claim arising from or in connection to this Agreement, where applicable.