Common use of Limitation of Liability Clause in Contracts

Limitation of Liability. To the extent permitted under governing law, we shall only be liable in cases of proven willful misconduct or gross negligence. In no event will we be held liable for any indirect, consequential or incidental damages or loss of profits, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to DPML Plus blocks, or use of the SRS or the Donuts Website, even if they have been advised of the possibility of such loss or damages, including but not limited to decisions taken by Register to apply a DPML Plus block or not on the basis of information from the TMCH. To the extent allowed under applicable law, Register aggregate liability for damages shall in any case be limited to the amounts paid by you in relation to the DPML Plus concerned. You agree, and represent and warrant to submit to a binding arbitration for disputes arising from the DPML Plus Terms and Conditions and related to the application of DPML Plus blocks. You agree, and represent and warrant to hold Register and Donuts harmless from claims filed or disputes initiated by third parties, and that each shall compensate we and/or Donuts for any costs or expenses incurred or damages for which they may be held liable as a result of third parties taking action against it on the grounds that the DPML Plus Application infringes the rights of a third party. For the purposes of this Section, the term “we” shall also refer to our stockholders, directors, employees, members, subcontractors, the TMCH and their respective directors, agents and employees.

Limitation of Liability. To the extent permitted under governing law, we or Donuts shall only be liable in cases of proven willful misconduct or gross negligence. In no event will we or Donuts shall be held liable for any indirect, consequential or incidental damages or loss of profits, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to DPML Plus blocksBlocks, or use of the SRS or the Donuts WebsiteSRS, even if they have been advised of the possibility of such loss or damages, including but not limited to decisions taken by Register Donuts to apply a DPML Plus block Block or not on the basis of information from the TMCH. To the extent allowed under applicable law, Register our and Donuts aggregate liability for damages shall in any case be limited to the amounts paid by you the Customer in relation to the DPML Plus concernedApplication. You agreeThe Customer agrees, and represent and warrant that no greater or other damages may be claimed from our company or Donuts . The Customer further agrees, to submit to a binding arbitration for disputes arising from the DPML Plus Terms and Conditions and related to the application of DPML Plus blocksBlocks. You agreeThe parties specifically acknowledge and agree that any cause of action brought by the Customer arising out of or related to this Agreement must be commenced within one (1) year after the cause of action accrues, and represent and warrant otherwise such cause of action shall be permanently waived. The Customer agrees to hold Register our company and Donuts Xxxxxx harmless from claims filed or disputes initiated by third parties, and that each the Customer shall compensate we and/or our company or Donuts for any costs or expenses incurred or damages for which they may be held liable as a result of third parties taking action against it on the grounds that the DPML Plus Application infringes the rights of a third party. For the purposes of this Section, the term “we” shall also refer to our stockholders, directors, employees, members, subcontractors, the TMCH and their respective directors, agents and employees.