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The exclusion eliminates the categories of damages that are often the largest in commercial disputes, meaning that even a significant breach may yield no recoverable damages beyond direct losses.
Interpretive note: The ellipsis in the excerpt obscures whether there are exceptions to the damages exclusion (e.g., for wilful misconduct or indemnification). Confidence is medium because the full clause is not visible.
You cannot recover lost profits, business interruption losses, replacement service costs, or any special, incidental, consequential, punitive, or indirect damages from Modal, regardless of the legal theory you assert.
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"IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY ... FOR ANY, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES...Excerpt from Modal's Terms of Service
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The exclusion eliminates the categories of damages that are often the largest in commercial disputes, meaning that even a significant breach may yield no recoverable damages beyond direct losses.
You cannot recover lost profits, business interruption losses, replacement service costs, or any special, incidental, consequential, punitive, or indirect damages from Modal, regardless of the legal theory you assert.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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