“the total, cumulative liability of each Party (and their respective Affiliates) arising out of or related to the Agreement will be limited to the amounts paid by Customer for the CS Service during the twelve (12) month period preceding the first event giving rise to liability.”
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The liability cap is pegged to historical fees paid, which may be substantially lower than the actual damages a party suffers, limiting practical recovery.
No matter how large your damages, you can recover from Contentsquare only up to the fees you paid for the CS Service in the twelve months before the first triggering event; Contentsquare faces the same cap on what it can recover from you.
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THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF DOORDASH FOR (Y) DEATH OR PERSONAL INJURY CAUSED BY DOORDASH'S NEGLIGENCE OR WILLFUL MISCONDUCT, OR (Z) ANY INJURY CAUSED BY DOORDASH'S FRAUD OR FRAUDULENT MISREPRESENTATION.
IF YOU ARE A CONSUMER RESIDING IN NEW JERSEY, THE FOLLOWING PROVISIONS OF THIS AGREEMENT DO NOT APPLY TO YOU (AND DO NOT LIMIT ANY RIGHTS THAT YOU MAY HAVE) TO THE EXTENT THAT THEY ARE UNENFORCEABLE UNDER NEW JERSEY LAW...
We are liable for making sure that funds credited to you from Tap to Pay transactions are credited to your business profile...solely to the extent we receive such funds from the relevant card scheme, bank acquirer or other third-party
"the total, cumulative liability of each Party (and their respective Affiliates) arising out of or related to the Agreement will be limited to the amounts paid by Customer for the CS Service during the twelve (12) month period preceding the first event giving rise to liability.Excerpt from Heap's Contentsquare Master Service Agreement
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The liability cap is pegged to historical fees paid, which may be substantially lower than the actual damages a party suffers, limiting practical recovery.
No matter how large your damages, you can recover from Contentsquare only up to the fees you paid for the CS Service in the twelve months before the first triggering event; Contentsquare faces the same cap on what it can recover from you.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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