Common use of Incidental, Consequential, and other Damages Clause in Contracts

Incidental, Consequential, and other Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASCRL OR ITS SISTER SOCIETIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ASCRL’S SERVICES, OR ASCRL’S FAILURE TO PROVIDE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASCRL AND OR ITS SISTER SOCIETIES HAS OR HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY ASCRL SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE MEMBERSHIP TO TERMINATE YOUR MANDATE IN ACCORDANCE WITH THE TERMS OF THE MEMBERSHIP AGREEMENT.