$100 Aggregate Liability Cap

What it is

The agreement limits Stability's total aggregate liability to any user for all damages, losses, and causes of action arising from the site to $100, regardless of the type or magnitude of harm. The agreement also excludes all indirect, incidental, special, consequential, punitive, and exemplary damages.

Why it matters (compliance & governance perspective)

This provision establishes a fixed $100 ceiling on all monetary recovery against Stability in connection with the website, covering all categories of claims and all categories of damages except where prohibited by law. The exclusion of consequential and punitive damages applies even where Stability has been advised of the possibility of such damages.

Consumer impact (what this means for users)

Under this clause, the maximum monetary recovery a user could obtain from Stability for any claim arising from website use is $100 across all claims combined. The agreement also states that dissatisfaction with the site or terms is addressed solely by discontinuing use, with no other contractual remedy provided.

Institutional analysis (regulatory & governance intelligence)

1. REGULATORY LANDSCAPE: Consumer protection laws in the EU, including the Consumer Rights Directive, and the UK Consumer Rights Act 2015 may limit the enforceability of liability caps against consumers in those jurisdictions, particularly where the cap would leave a consumer without a meaningful remedy. The FTC's authority over unfair or deceptive practices may be implicated if the cap operates to deprive consumers of legally available remedies. New York law governs by contractual choice, but mandatory consumer protection provisions in other jurisdictions may interact with this cap. 2. GOVERNANCE EXPOSURE: High. A $100 aggregate liability cap applied to all causes of action regardless of the nature of harm is a significant contractual limitation. While liability caps are common in commercial software and website terms, the $100 fixed amount is at the lower end of observed practice and may face enforceability scrutiny in consumer-protective jurisdictions. 3. JURISDICTION FLAGS: EU and UK consumers may retain rights under applicable local law that supersede this cap. California's consumer protection statutes may preserve rights not waivable by contract. The cap applies regardless of the user's jurisdiction of domicile or residence under the choice-of-law clause, but applicable law in the user's jurisdiction may ultimately govern enforceability. 4. CONTRACT AND VENDOR IMPLICATIONS: B2B users reviewing this document should note that these terms govern only the website, not Stability's products or services, which are covered by separate agreements that may have different liability terms. Institutional users relying on the website for any operational purpose should assess whether the $100 cap creates unacceptable risk exposure. 5. COMPLIANCE CONSIDERATIONS: Legal teams advising EU or UK-based organizations should assess whether reliance on this website creates liability exposure that the $100 cap would not adequately address under local law. The cap's interaction with the arbitration clause means that an arbitrator is the likely decision-maker on whether the cap applies to a specific claim.

Applicable agencies

Provision details

Other risks in this policy

• Continued Site Use Constitutes Acceptance of New Terms medium
• Limited License to Access Site medium
• Class Action Severability Voids Entire Arbitration Agreement high
• DMCA Repeat Infringer Termination Policy high
• Exclusion of Indirect and Consequential Damages high
• Jury Trial Waiver high