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DocuSign Envelope ID: AACA4047- 6701 - 4848- B437- 4B2E153639C0 <br />Limitation of Remedy and Liability <br />Client represents that it accepts sole and complete responsibility for: (a) the <br />selection of the Services to achieve Client's intended results; (b) use of the <br />Services; (c) the results obtained from Services; and (d) the terms of any <br />contracts between Client and Authorized Users. Provider does not warrant <br />that the Client's use of the Services will be uninterrupted or errorfree. Client <br />shall not assert any claims against Provider based upon theories of <br />negligence, gross negligence, strict liability, fraud, or misrepresentation, and <br />Client shall defend Provider from any demand or claim, and indemnify and <br />hold Provider harmless from any and all losses, costs, expenses, or damages, <br />including reasonable attorneys' fees, directly or indirectly resulting from <br />Client's use of the Services, an Authorized User's use of the Services, and /or <br />any agreement between the Client and an Authorize User based on or in any <br />way related to the Services. TO THE MAXIMUM EXTENT PERMITTED BY <br />APPLICABLE LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY <br />SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, <br />EXEMPLARY OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT <br />LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS <br />INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER <br />PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE <br />THE SERVICES, WHETHER BASED UPON CONTRACT, WARRANTY, <br />TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF <br />PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH <br />DAMAGES. In any event, under no circumstances shall Provider be liable for <br />any loss, costs, expenses, or damages to Client in an amount exceeding the <br />Subscription Fee actually paid to Provider by Client for the previous twelve <br />(12) months. <br />