Common use of Exclusion of Certain Liabilities Clause in Contracts

Exclusion of Certain Liabilities. IN NO EVENT SHALL WE OR OUR AFFILIATES OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND, OR DAMAGES OR LOSSES TO OR OF PROFITS, REVENUES, SAVINGS, BUSINESS, REPUTATION, GOODWILL OR DATA OR OTHER INTANGIBLE LOSSES, IN CONNECTION WITH THESE TERMS, OR THE SUBJECT MATTER THEREOF, THE WEBSITE OR ANY PORTION THEREOF. LIMITATION ON TOTAL LIABILITY. OUR AND OUR AFFILIATES’ AND SUPPLIERS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE SUBJECT MATTER THEREOF, AND THE WEBSITE OR ANY PORTION THEREOF, SHALL IN NO EVENT EXCEED AN AMOUNT WHICH EQUALS US $100. APPLICABILITY. THE LIMITATIONS, EXCLUSIONS, WAIVERS, AND TERMS OF THIS SECTION 8 APPLY (A) TO THE MAXIMUM EXTENT PERMITTED BY LAW; (B) REGARDLESS OF WHETHER THE DAMAGES OR LOSSES WERE KNOWN, FORESEEABLE, OR ADVISED OF TO OR BY US OR OUR OFFICERS, OUR DIRECTORS, OUR EMPLOYEES, OUR AFFILIATES, AND OUR AND THEIR LICENSORS AND SUPPLIERS (COLLECTIVELY, “OUR YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS. Depending on where you reside and use the Website, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.

Exclusion of Certain Liabilities. IN UNDER NO EVENT CIRCUMSTANCES SHALL WE TRADEREV, THE TRADEREV PARTNERS OR OUR AFFILIATES THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND INDEPENDENT CONTRACTORS, OR SUPPLIERS BE LIABLE (THE "TRADEREV PARTIES") HAVE ANY LIABILITY TO CUSTOMER OR AUTHORIZED USERS FOR ANY CONSEQUENTIALDIRECT, CONSEQUENTIAL (INCLUDING LOST PROFITS), EXEMPLARY, INCIDENTAL, SPECIALINDIRECT OR SPECIAL DAMAGES OR COSTS RESULTING FROM ANY CLAIM (WHETHER IN CONTRACT, PUNITIVETORT, EXEMPLARY OR INDIRECT DAMAGES OF ANY KINDEQUITY, NEGLIGENCE, OR DAMAGES OR LOSSES STRICT LIABILITY) RELATED TO OR ARISING OUT OF PROFITSTHE TRADEREV SYSTEM, REVENUESANY RELATED SERVICES, SAVINGSTHESE TERMS AND CONDITIONS, BUSINESS, REPUTATION, GOODWILL INCLUDING THE PERFORMANCE OR DATA BREACH THEREOF OR OTHER INTANGIBLE LOSSES, IN CONNECTION WITH THESE TERMSTHE USE OR INABILITY TO USE, OR PERFORMANCE OR NON‐PERFORMANCE OF THE SUBJECT MATTER TRADEREV SYSTEM OR ANY COMPONENT THEREOF, THE WEBSITE OR ANY PORTION THEREOF. LIMITATION ON TOTAL LIABILITY. OUR AND OUR AFFILIATES’ AND SUPPLIERS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE SUBJECT MATTER THEREOF, AND THE WEBSITE OR ANY PORTION THEREOF, SHALL IN NO EVENT EXCEED AN AMOUNT WHICH EQUALS US $100. APPLICABILITY. THE LIMITATIONS, EXCLUSIONS, WAIVERS, AND TERMS OF THIS SECTION 8 APPLY (A) TO THE MAXIMUM EXTENT PERMITTED BY LAW; (B) REGARDLESS OF WHETHER THE DAMAGES OR LOSSES WERE KNOWN, FORESEEABLE, OR EVEN IF THEY HAVE BEEN ADVISED OF TO OR BY US OR OUR OFFICERS, OUR DIRECTORS, OUR EMPLOYEES, OUR AFFILIATES, AND OUR AND THEIR LICENSORS AND SUPPLIERS (COLLECTIVELY, “OUR YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND POSSIBILITY OF SUCH DAMAGES. 58. LIMITATIONS OF LIABILITY a) WITHOUT LIMITING SECTIONS 56 AND 57 ABOVE, THE LIABILITY OF ANY TRADEREV PARTIES FOR ANY BREACH(ES) OF THIS AGREEMENT SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES INCURRED BY CUSTOMER AS A RESULT OF SUCH BREACH(ES), AND ITS AGGREGATE LIABILITY FOR SUCH ACTUAL DAMAGES SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE FEES PAID BY CUSTOMER TO TRADEREV OR THE APPLICABLE TRADEREV PARTNER IN RESPECT OF THE TRANSACTION OR SERVICE OR $500, WHICHEVER IS LESS. MULTIPLE CLAIMS SHALL NOT EXPAND THESE TERMS ARE MATERIAL AND BARGAINED-FOR BASES LIMITATIONS. b) CUSTOMER AGREES THAT THE TRADEREV PARTIES SHALL HAVE NO LIABILITY WHATSOEVER, ACTUAL OR OTHERWISE, TO CUSTOMER OR AUTHORIZED USERS BASED ON ANY OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED THE FOLLOWING: (i) ANY DELAY, INTERRUPTION IN USE OF, FAILURE IN OR BREAKDOWN OF THE TRADEREV SYSTEM OR ERRORS OR DEFECTS IN TRANSMISSION OCCURRING IN THE DECISION BY YOU COURSE OF ACCESSING OR USING THE TRADEREV SYSTEM; (ii) ANY UNLAWFUL OR UNAUTHORIZED USE OF THE TRADEREV SYSTEM; (iii) ANY LOSS OF OR DAMAGE TO ENTER INTO THESE TERMS. Depending on where you reside and use the Website, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you, solely to the extent so prohibitedCUSTOMER'S RECORDS OR INFORMATION; OR (iv) ANY CLAIM RESULTING FROM THE TERMINATION OF ACCESS TO THE TRADEREV SYSTEM OR ANY RELATED SERVICES.