Common use of Limitations on Liability and Remedies Clause in Contracts

Limitations on Liability and Remedies. MOPEKA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH ▇▇▇▇▇▇ (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SITE. MOPEKA, ITS AFFILIATES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MOPEKA HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MOPEKA’S, ITS AFFILIATES’, AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. MOPEKA DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH A WEBSITE OR AS PART OF THIS SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF MOPEKA WILL BE LIMITED TO ANY AMOUNT PAID TO MOPEKA BY YOU IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES THAT UNDERLIE THE CLAIM.

Limitations on Liability and Remedies. MOPEKA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH ▇▇▇▇▇▇ MOPEKA (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SITE. MOPEKA, ITS AFFILIATES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MOPEKA HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MOPEKA’S, ITS AFFILIATES’, AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. MOPEKA DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH A WEBSITE OR AS PART OF THIS SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF MOPEKA WILL BE LIMITED TO ANY AMOUNT PAID TO MOPEKA BY YOU IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES THAT UNDERLIE THE CLAIM.

Limitations on Liability and Remedies. MOPEKA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT (a) SUBJECT TO ANY DISPUTE WITH ▇▇▇▇▇▇ (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SITE. MOPEKA, ITS AFFILIATESCLAUSE 8.3(B), AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MOPEKA HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MOPEKA’S, ITS AFFILIATES’, AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIIMEX’S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS UNDER OR RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER IN ANY CALENDAR MONTH IS LIMITED TO AN AMOUNT EQUAL TO THE COMMISSIONS PAYABLE BY DIIMEX TO YOU IN RELATION TO THAT CALENDAR MONTH. MOPEKA DOES NOT ENDORSEIN CALCULATING DIIMEX’S AGGREGATE LIABILITY UNDER THIS CLAUSE 9.2, WARRANTTHE PARTIES MUST INCLUDE ANY AMOUNTS PAID OR REFUNDED, OR GUARANTEE THE VALUE OF ANY PRODUCT GOODS OR SERVICE OFFERED THROUGH SERVICES REPLACED, REPAIRED OR SUPPLIED BY DIIMEX, FOR A WEBSITE BREACH OF ANY NON-EXCLUDABLE PROVISIONS. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIIMEX IS NOT LIABLE TO YOU FOR: (i) ANY SPECIAL, INDIRECT, INCIDENTAL OR AS PART CONSEQUENTIAL LOSS OR PUNITIVE LOSS OR DAMAGE; OR (ii) LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, BARGAIN, ANTICIPATED SAVINGS OR MANAGEMENT TIME, WHETHER OR NOT DIIMEX WAS AWARE OF SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. (c) DIIMEX’S LIABILITY TO YOU UNDER OR IN RELATION TO THIS SITE AND WILL NOT BE AGREEMENT OR ITS SUBJECT MATTER IS REDUCED TO THE EXTENT THAT YOUR ACTS OR OMISSIONS, OR THOSE OF A THIRD PARTY (OTHER THAN DIIMEX’S LICENSORS OR SUBCONTRACTORS), CONTRIBUTE TO OR CAUSE ANY SUCH LIABILITY. (d) THE LIMITATIONS OF LIABILITY IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY THIS CLAUSE 9.2 APPLY REGARDLESS OF THE ABOVE PROVISIONS BASIS ON WHICH SUCH LIABILITY ARISES, WHETHER IN THIS SECTION ARE NOT ENFORCEABLE CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), IN EQUITY, UNDER STATUTE, OR UNDER AN APPLICABLE JURISDICTIONINDEMNITY. (a) The parties agree to resolve any dispute, THE MAXIMUM LIABILITY OF MOPEKA WILL BE LIMITED TO ANY AMOUNT PAID TO MOPEKA BY YOU IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES THAT UNDERLIE THE CLAIMconflict or issue between them in relation to this Agreement, including a dispute or difference about the meaning or effect of this Agreement or any matter arising under or out of this Agreement, (a Dispute) in accordance with this clause 10. (b) A party may submit notice of a Dispute to the other party (the Dispute Notice), which notice must provide a reasonable description of the matters the party submitting the notice considers are in Dispute. (c) Following receipt of a Dispute Notice, the parties will attempt to resolve the Dispute by consultation between the parties. (d) If the parties have failed to resolve a Dispute within 21 days after submission of a Dispute Notice, either party may refer the Dispute to arbitration by submitting a notice to the other party specifying the Dispute to be decided (the Referral Notice). (e) Upon referring any such Dispute to arbitration: (i) the arbitration must be conducted in accordance with the UNCITRAL Arbitration Rules (the Rules), and the arbitrator will have the optional powers set out in Division 3 of Part III of the International Arbitration Act 1974 (Cth); (ii) the arbitration will be conducted under the laws referred to in clause 13.6; (iii) the number of arbitrators will be one, the place of arbitration will be Sydney, Australia, and the language of the arbitration will be English; (iv) if the parties cannot agree on the choice of the arbitrator in accordance with the Rules, the arbitrator will be appointed by the current President of the Institute of Arbitrators and Mediators of Australia; and (v) in the event of any conflict between this paragraph (e) and the Rules, this paragraph (e) will take precedence over the Rules to the extent of the conflict. (f) Any judgment or award rendered by the arbitrator may be entered in any court having jurisdiction to do so including the enforcement of any arbitration award in accordance with the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10 1958. (g) A party may only commence legal proceedings or take similar action in relation to a Dispute: (i) to apply for urgent interim relief; or (ii) if a Referral Notice has not been submitted within 28 days of a party becoming entitled to do so under paragraph (d).