Common use of Limitations on Liability and Indemnity Clause in Contracts

Limitations on Liability and Indemnity. 7.1 Exclusion of Damages. EXCEPT FOR INDEMNITY OBLIGATIONS, NEITHER CLIENT NOR CLOUDCHECKR INC. WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) THAT RESULT FROM CLIENT’S USE OF, OR INABILITY TO USE, THE SERVICE. THIS LIMITATION APPLIES WHATHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF SUCH PARTY. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, CLOUDCHECKR INC. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) CLOUDCHECKR INC.’S TERMINATION OF THIS AGREEMENT OR THE SERVICE; OR (3) PERMITTED THIRD PARTY CONTENT CONTAINED IN THE REPORTS OR THE SERVICE.