Provision record
Heap · Contentsquare Master Service Agreement · View original document ↗

Liability Cap Exceptions for Gross Negligence and Willful Misconduct

High severity Common · 281 of 352 platforms
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This analysis describes what Heap'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

How other platforms handle this

Google Medium

These terms don't limit liability for gross negligence or willful misconduct.

DoorDash Medium

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.

Grubhub Medium

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...

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
Except for: (a) the Parties' express obligations under Section 9 (Third-Party Claims); (b) damages resulting from death or bodily injury...caused by either Party's gross negligence; (c) damages resulting from either Party's gross negligence or willful misconduct...

Excerpt from Heap's Contentsquare Master Service Agreement

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Contentsquare Master Service Agreement
Entity
Heap
Tracking information
First captured by ConductAtlas
July 11, 2026
Text quoted from version
CA-V-006848, captured Sept. 11, 2026
Record ID
CA-P-073087
Document ID
CA-D-000705
Evidence Provenance
Source URL
Wayback Machine
Archived bytes SHA-256 (version CA-V-006848)
3409f5092d18d23f25d7dbc26966ecd771dffb1fddc2c185d3603fbcb6d6c0e8
Analysis generated
July 12, 2026 15:50 UTC
Methodology
Evidence
✓ Excerpt found in version CA-V-006848, captured Sept. 11, 2026 (checked Oct. 5, 2026)
Citation Record
Entity: Heap
Document: Contentsquare Master Service Agreement
Record ID: CA-P-073087
Version: CA-V-006848
Captured: 2026-09-11 01:20:57 UTC
SHA-256: 3409f5092d18d23f…
URL: https://conductatlas.com/platform/heap/contentsquare-master-service-agreement/provision/CA-P-073087/liability-cap-exceptions-for-gross-negligence-and-willful-misconduct/
Accessed: Oct. 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Heap's Liability Cap Exceptions for Gross Negligence and Willful Misconduct clause do?

The clause states: “Except for: (a) the Parties' express obligations under Section 9 (Third-Party Claims); (b) damages resulting from death or bodily injury...caused by either Party's gross negligence; (c) damages resulting from either Party's gross negligence or willful misconduct...”

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.

Is ConductAtlas affiliated with Heap?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Heap.