Common use of Disclaimer of Warranty and Limitation of Liability Clause in Contracts

Disclaimer of Warranty and Limitation of Liability. 8.1. Except as expressly set forth above and to the maximum extent permitted by applicable law, eToro makes no warranty of any kind, express, implied or statutory, regarding the Trading Platform, and all such warranties, including, without limitation, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by eToro. The Affiliate acknowledges that eToro has not represented or warranted that the Trading Platform will be uninterrupted, error free, without delay or without compromise of the security systems and features therein and appurtenant thereto. No representations or warranties of any kind are made by eToro with regards to any services provided by any wireless carrier or authorized distributor. 8.2. Under no circumstances shall eToro (or any of its shareholders, directors, officers, employees, Affiliates, representatives or licensors) be liable to the Affiliate for any consequential, incidental or special damages (including damages for business interruption, loss of business information and the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Trading Platform, even if eToro has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages, losses or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro (and its shareholders, directors, officers, employees, Affiliates and representatives) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. 8.3. Without derogating from the above, if eToro is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of eToro for all claims whatsoever related to the Trading Platform or otherwise arising out of this Agreement, shall not exceed the payments made to the Affiliate by eToro under this Agreement during the six (6) months preceding the event that gave rise to the action or claim. 8.4. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate against eToro more than twelve (12) months after such cause of action accrued.

Disclaimer of Warranty and Limitation of Liability. 8.1. Except as expressly set forth above and to the maximum extent permitted by applicable law, eToro makes no warranty of any kind, express, implied or statutory, regarding the Trading Platform, and all such warranties, including, without limitation, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by eToro. The Affiliate Partner acknowledges that eToro has not represented or warranted that the Trading Platform will be uninterrupted, error free, without delay or without compromise of the security systems and features therein and appurtenant thereto. No representations or warranties of any kind are made by eToro with regards to any services provided by any wireless carrier or authorized distributor. 8.2. Under no circumstances shall eToro (or any of its shareholders, directors, officers, employees, AffiliatesPartners, representatives or licensors) be liable to the Affiliate Partner for any consequential, incidental or special damages (including damages for business interruption, loss of business information and the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Trading Platform, even if eToro has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages, losses or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro (and its shareholders, directors, officers, employees, Affiliates Partners and representatives) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. 8.3. Without derogating from the above, if eToro is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of eToro for all claims whatsoever related to the Trading Platform or otherwise arising out of this Agreement, shall not exceed the payments made to the Affiliate Partner by eToro under this Agreement during the six (6) months preceding the event that gave rise to the action or claim. 8.4. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate against eToro more than twelve (12) months after such cause of action accrued.six

Disclaimer of Warranty and Limitation of Liability. 8.1Use of this Site is entirely at your own risk and is subject to all applicable state, national and international laws and regulations. Except as expressly set forth ALL MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above and exclusions may not apply to you. NEITHER NUTRI VENTURES USA, INC. NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF, THE SITE; (B) ANY PRODUCTS, SERVICES, INFORMATION, ACTIVITIES, AND/OR MATERIALS AVAILABLE ON OR THROUGH THE SITE; (C) ANY BREACHES OF SECURITY INVOLVING THE SITE OR YOUR ACCOUNT, OR ANY LACK OF AVAILABILITY OR OPERATIONAL PROBLEM OF, THE SITE; OR (D) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the maximum greatest extent permitted by applicable law. Nutri Ventures USA, eToro makes Inc. may provide links, in its sole discretion, to other sites on the Internet for your convenience in locating related information and services. These sites have not necessarily been reviewed by Nutri Ventures USA, Inc. and are maintained by third parties over which Nutri Ventures USA, Inc. exercises no warranty of any kindcontrol. NUTRI VENTURES USA, expressINC. MAKES NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD-PARTY SITE OR ANY INFORMATION, implied or statutoryPRODUCTS, regarding the Trading PlatformSERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE. Nutri Ventures USA, Inc. does not endorse, and all such warranties, including, without limitationshall not be liable in connection with, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by eToro. The Affiliate acknowledges that eToro has not represented or warranted that content, the Trading Platform will be uninterrupted, error free, without delay or without compromise accuracy of the security systems and features therein and appurtenant thereto. No representations information, and/or quality of products or warranties of any kind are made by eToro with regards to any services provided by any wireless carrier or authorized distributor. 8.2advertised on these third-party web sites. Under no circumstances shall eToro (Use of third-party sites is at your own risk. Nutri Ventures USA, Inc., in its sole discretion, may post the advertisements of third parties on this Site. Your correspondence or any of its shareholders, directors, officers, employees, Affiliates, representatives or licensors) other dealings with advertisers found on this Site are solely between you and such advertiser. You agree that Nutri Ventures shall not be liable to the Affiliate responsible for any consequential, incidental loss or special damages (including damages for business interruption, loss damage of business information and any sort incurred as a result of any such dealings or as the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Trading Platform, even if eToro has been advised result of the possibility presence of such damagesadvertisers on this Site. To the extent that in a particular circumstance any disclaimer or limitation on damagesMoreover, losses or liability set forth herein (whether directNutri Ventures USA, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro (and its shareholders, directors, officers, employees, Affiliates and representatives) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. 8.3. Without derogating from the above, if eToro is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of eToro for all claims whatsoever related to the Trading Platform or otherwise arising out of this Agreement, Inc. shall not exceed be responsible or liable for the payments made statements or conduct of any third party on this Site. You agree not to do the Affiliate by eToro under this Agreement during the six (6) months preceding the event that gave rise to the action or claim. 8.4. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate against eToro more than twelve (12) months after such cause of action accrued.following:

Disclaimer of Warranty and Limitation of Liability. 8.111.1. Except as expressly set forth above and to the maximum extent permitted by applicable law, eToro ARUM Trade makes no warranty of any kind, express, implied or statutory, regarding the Electronic Trading PlatformPlatform(s), and all such warranties, including, including without limitation, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by eToroARUM Trade. The Affiliate Partner acknowledges that eToro ARUM Trade has not represented or warranted that the Trading Platform will be uninterrupted, error free, without delay or without compromise of the security systems and features therein and appurtenant thereto. No representations or warranties of any kind are made by eToro ARUM Trade with regards to any services provided by any wireless carrier or authorized distributor. 8.211.2. Under no circumstances shall eToro ARUM Trade (or any of its shareholders, directors, officers, employees, Affiliates, representatives or licensors) be liable to the Affiliate Partner for any consequential, incidental or special damages (including damages for business interruption, loss of business information and the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Electronic Trading Platformplatforms, even if eToro ARUM Trade has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages, losses or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro ARUM Trade (and its shareholders, directors, officers, employees, Affiliates affiliates and representatives) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. 8.311.3. Without derogating from the above, if eToro ARUM Trade is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of eToro ARUM Trade for all claims whatsoever related to the Electronic Trading Platform Platforms or otherwise arising out of this Agreement, shall not exceed the payments made to the Affiliate Partner by eToro ARUM Trade under this Agreement during the six (6) months preceding the event that gave rise to the action or claim. 8.411.4. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate Partner against eToro ARUM Trade more than twelve (12) months after such cause of action accrued.

Disclaimer of Warranty and Limitation of Liability. 8.1. Except as expressly set forth above and to the maximum extent permitted by applicable law, eToro ,Woolsocks makes no warranty of any kind, express, implied or statutory, regarding the Trading Woolsocks Platform, and all such warranties, including, without limitation, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by eToroWoolsocks. The Affiliate acknowledges that eToro Woolsocks has not represented or warranted that the Trading Woolsocks Platform will be uninterrupted, error free, without delay or without compromise of the ofthe security systems and features therein and appurtenant thereto. No representations or warranties of any kind are made by eToro Woolsocks with regards to any services provided by any wireless carrier or authorized distributor. 8.2. Under no circumstances shall eToro Woolsocks (or any of its shareholders, directors, officers, employees, Affiliates, representatives or licensors) be liable to the Affiliate for any consequential, incidental or special damages (including damages for business interruption, loss of business information and the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Trading Woolsocks Platform, even if eToro Woolsocks has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages, losses or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro Woolsocks (and its shareholders, directors, officers, employees, Affiliates and representatives) shall be entitled to entitledto the maximum disclaimers and/or limitations on damages and liability available at law or in ▇▇▇▇ equity by such applicable law in such particular circumstance. 8.3. Without derogating from the above, if eToro Woolsocks is found liable (whether under contract, tort (including negligence) negligence or otherwise), the cumulative liability of eToro Woolsocks for all claims whatsoever related to the Trading Woolsocks Platform or otherwise arising out of this Agreement, shall not exceed the payments made to the Affiliate by eToro Woolsocks under this Agreement during the six three (63) months preceding the event that gave rise to the action or claim. 8.4. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate against eToro Woolsocks more than twelve (12) months after such cause of action accrued.

Disclaimer of Warranty and Limitation of Liability. 8.1. Except as expressly set forth above and to the maximum extent permitted by applicable law, eToro Cyber FX makes no warranty of any kind, express, implied or statutory, regarding the Trading Platform, and all such warranties, including, without limitation, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by eToroCyber FX. The Affiliate acknowledges that eToro Cyber FX has not represented or warranted that the Trading Platform will be uninterrupted, error free, without delay or without compromise of the security systems and features therein and appurtenant thereto. No representations or warranties of any kind are made by eToro Cyber FX with regards to any services provided by any wireless carrier or authorized distributor. 8.2. Under no circumstances shall eToro Cyber FX (or any of its shareholders, directors, officers, employees, Affiliates, representatives or licensors) be liable to the Affiliate for any consequential, incidental or special damages (including damages for business interruption, loss of business information and the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Trading Platform, even if eToro Cyber FX has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages, losses or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro Cyber FX (and its shareholders, directors, officers, employees, Affiliates and representatives) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. 8.3. Without derogating from the above, if eToro Cyber FX is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of eToro Cyber FX for all claims whatsoever related to the Trading Platform or otherwise arising out of this Agreement, shall not exceed the payments made to the Affiliate by eToro Cyber FX under this Agreement during the six (6) months preceding the event that gave rise to the action or claim. 8.4. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate against eToro more than twelve (12) months after such cause of action accrued.six

Disclaimer of Warranty and Limitation of Liability. 8.1. Except as expressly set forth above and to the maximum extent permitted by applicable law, eToro the Company makes no warranty of any kind, express, implied or statutory, regarding the Trading Platform, and all such warranties, including, without limitation, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by eTorothe Company. 8.2. The Affiliate acknowledges that eToro the Company has not represented or warranted that the Trading Platform will be uninterrupted, error free, without delay or without compromise of the security systems and features therein and appurtenant thereto. No representations or warranties of any kind are made by eToro with regards to any services provided by any wireless carrier or authorized distributor. 8.28.3. Under no circumstances shall eToro the Company (or any of its shareholders, directors, officers, employees, Affiliates, representatives or licensors) be liable to the Affiliate for any consequential, incidental or special damages (including damages for business interruption, loss of business information and the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Trading Platform, even if eToro the Company has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages, losses or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro the Company (and its shareholders, directors, officers, employees, Affiliates and representatives) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. 8.38.4. Without derogating from If the above, if eToro Company is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of eToro the Company for all claims whatsoever related to the Trading Platform or otherwise arising out of this Agreement, shall not exceed the payments made to the Affiliate by eToro the Company under this Agreement during the six (6) months preceding the event that gave rise to the action or claim. 8.48.5. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate against eToro the Company more than twelve (12) months after such cause of action accrued.

Disclaimer of Warranty and Limitation of Liability. 8.1. Except as expressly set forth above The Licensed EMIP is provided to, and to the maximum extent permitted by applicable lawis accepted by, eToro makes no Licensee ‘AS IS’ without warranty of any kind, express, implied or statutory, regarding the Trading Platform, . Philips expressly disclaims any and all such warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that all problems in the Designated Equipment(s) will be diagnosed or corrected with the use of the EMIP, or that the EMIP is error free. Except as otherwise prohibited by law, Licensee agrees to indemnify and hold Philips, harmless from any claims, losses, liabilities, damages, costs, penalties, fines and expenses, including, without limitation, the implied warranties of merchantability and/or fitness for reasonable attorneys’ fees, brought against, or suffered by, Philips arising directly or indirectly as a particular purpose are hereby expressly disclaimed by eToro. The Affiliate acknowledges that eToro has not represented or warranted that the Trading Platform will be uninterrupted, error free, without delay or without compromise result of the security systems and features therein and appurtenant thereto. No representations use of the Licensed EMIP, or warranties of any kind are made properly maintain the Designated Equipment, by eToro with regards to any services provided by any wireless carrier or authorized distributor. 8.2. Under no circumstances shall eToro (or any of its shareholdersLicensee, directors, officers, employees, Affiliates, representatives or licensors) be liable except to the Affiliate for any consequential, incidental or special damages (including damages for business interruption, loss of business information and the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Trading Platform, even if eToro has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages, losses or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro (and its shareholders, directors, officers, employees, Affiliates and representatives) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. 8.3. Without derogating damage arise from the abovenegligent act or omission of Philips. IN NO EVENT SHALL PHILIPS, OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR DAMAGE TO REPUTATION) IRRESPECTIVE OF WHETHER SUCH DAMAGES RESULT FROM CLAIMS BASED ON TORT (INCLUDING NEGLIGENCE), WARRANTY, CONTRACT, INDEMNITY, OR ANY OTHER LEGAL THEORY, EVEN IF PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Philips’ total liability, if eToro any, is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of eToro for all claims whatsoever related limited to the Trading Platform or otherwise arising out of this Agreement, shall an amount not to exceed the payments made to License Fee payable for the Affiliate by eToro under this Agreement during Licensed EMIP that is the six (6) months preceding basis for the event that gave rise to the action or claim. THIS LIMITATION SHALL NOT APPLY TO THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY ▇▇▇▇▇▇▇’ NEGLIGENCE. 8.4. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate against eToro more than twelve (12) months after such cause of action accrued.

Disclaimer of Warranty and Limitation of Liability. 8.111.1. Except as expressly set forth above and to the maximum extent permitted by applicable law, eToro THE COMPANY makes no warranty of any kind, express, implied or statutory, regarding the Electronic Trading PlatformPlatform(s), and all such warranties, including, including without limitation, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by eToroTHE COMPANY. The Affiliate IB acknowledges that eToro THE COMPANY has not represented or warranted that the Trading Platform will be uninterrupted, error free, without delay or without compromise of the security systems and features therein and appurtenant thereto. No representations or warranties of any kind are made by eToro THE COMPANY with regards to any services provided by any wireless carrier or authorized distributor. 8.211.2. Under no circumstances shall eToro THE COMPANY (or any of its shareholders, directors, officers, employees, Affiliates, representatives or licensors) be liable to the Affiliate IB for any consequential, incidental or special damages (including damages for business interruption, loss of business information and the like) arising out of or in connection with this Agreement, including with respect to the use or inability to use the Electronic Trading Platformplatforms, even if eToro THE COMPANY has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages, losses or liability set forth herein (whether direct, indirect, consequential, incidental or special) is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, eToro THE COMPANY (and its shareholders, directors, officers, employees, Affiliates affiliates and representatives) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. 8.311.3. Without derogating from the above, if eToro THE COMPANY is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of eToro THE COMPANY for all claims whatsoever related to the Electronic Trading Platform Platforms or otherwise arising out of this Agreement, shall not exceed the payments made to the Affiliate IB by eToro THE COMPANY under this Agreement during the six two (62) months preceding the event that gave rise to the action or claim. 8.411.4. No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of the performance of this Agreement, may be brought by the Affiliate IB against eToro THE COMPANY more than twelve three (123) months after such cause of action accrued.