Common use of LIABILITY OF Clause in Contracts

LIABILITY OF. S4M 13.1 S4M markets a service entailing the release of advertising campaigns in Advertising Spaces purchased from third parties. Accordingly, S4M, is bound only to use its best commercial reasonable efforts to deliver the S4M Services hereunder and may not be held liable in the event of any breakdowns in technical infrastructure of the Digital Medium in question, which is operated by any third parties. 13.2 S4M cannot be held liable for services and/or content for which access is achieved through hypertext and/or hypermedia links made available by the Client. 13.3 Client understands that S4M is not the author of any content of Advertising Message provided by Client and that S4M can in no event be held responsible for any liability arising out of such Advertising Message released in advertising campaigns or Advertising Spaces by S4M. 13.4 The Client hereby accepts that all Digital Media may be subject to intrusions by unauthorized third parties and consequently may be corrupted and that information on the internet is not protected against third party actions such as downloads, possible circumventions or any viruses and that any third party may create hypertext links. 13.5 S4M does not guarantee the success of any Advertising Campaign or Advertising Message or the results desired for such by the Client. 13.6 Subject always to sections 13.7 and 13.8, S4M’s total aggregate liability arising from or related to this Agreement (whether in contract, tort including negligence or otherwise) shall not exceed an amount equal to the lower of (1) $100,000 and (2) the fees paid or payable to S4M by the Client (or on the Client’s behalf) under the applicable Purchase Order. 13.7 Nothing in this Agreement shall exclude or limit either party’s liability with respect to any claims: (a) for death or personal injury caused by the negligence of such party; (b) resulting from any fraud including fraudulent misrepresentation made by such party; (c) for which liability may not otherwise lawfully be limited or excluded; or (d) for any deliberate or wilful default by the Client. 13.8 S4M shall not be liable for any indirect, special or consequential losses or any loss of profits (whether direct or indirect), loss of goodwill, loss of business, loss of revenue, loss of anticipated savings, or punitive damages.