This analysis describes what Epic Games's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
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WITH RESPECT TO RESIDENTS OF NEW JERSEY, TARGET OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES...UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF TARGET'S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
Nothing in these terms will limit our (or the Service Provider's) liability for our (or their) own (i) negligence that leads to death or personal injury or (ii) fraud or fraudulent misrepresentation, gross negligence, or willful misconduct.
OPENAI'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
"Nothing in Paragraph 15.a excludes or limits Epic's liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of our statutory obligations...Excerpt from Epic Games's Terms of Service
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The clause states: “Nothing in Paragraph 15.a excludes or limits Epic's liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of our statutory obligations...”
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