Limitation of Liability
IN NO EVENT SHALL Cleverhood, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, OR ANY OTHER THIRD-PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR THE INFORMATION, MATERIALS AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR OTHERWISE MADE AVAILABLE BY Cleverhood, INCLUDING ANY PRODUCTS; (B) THE USE, COPYING, OR DISPLAY OF THE SITE OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET; (C) Cleverhood’s PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU, YOUR ORGANIZATION, OTHER USERS OF THE SITE, OR OTHER THIRD-PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY NOT-FOR-PROFIT ORGANIZATIONS; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY THE SITE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES SHALL Cleverhood, ITS CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, ANY NOT-FOR-PROFIT ENTITY, OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD-PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF Cleverhood, EVEN IF Cleverhood WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of Cleverhood, its contractors, suppliers, CONTENT-PROVIDERS, and other SIMILAR ENTITIES, and the officers, directors, employees, REPRESENTATIVES and agents of each of the foregoing, shall be limited in accordance with THESE TERMS to the fullest extent permitted by law. Without limiting any of the foregoing, if Cleverhood, its contractors, suppliers, CONTENT-PROVIDERS, OR other SIMILAR ENTITIES, OR ANY OF the officers, directors, employees, REPRESENTATIVES, OR agents of ANY of the foregoing, is found liable to you or TO any third-party AS A RESULT OF any claims or OTHER matters arising under or in connection with THESE TERMS, THE SITE, OR THE USE OF THE SITE, Cleverhood and such parties’ CUMULATIVE, aggregate and maximum liability for all such CLAIMS AND OTHER matters in any calendar year shall not exceed $100. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
You agree to indemnify, defend and hold Cleverhood, and employees and agents of Cleverhood, harmless from and against all claims, demands, suits and all other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), your access to and use of the Content, the Site and other materials, products and services available on or through the Site and Cleverhood, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
Questions Regarding the Site or these Terms
Please contact us with any questions regarding the Site or these Terms by e-mail firstname.lastname@example.org.