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We disclaim all liability for any errors, omissions, or inaccuracies in the Generated Content, any infringement on third party rights (including Intellectual Property Rights) and any damages or losses...
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR ANY OTHER BASIS AND EVEN IF ZIPRECRUITER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
Oura
· Oura Terms of Service
This $100 cap applies only in jurisdictions or circumstances where liability cannot be fully excluded, providing users with a minimal ceiling on any recoverable amount regardless of the harm suffered.
The cap ties maximum recovery to a backward-looking fee calculation, which may be substantially lower than actual damages, particularly for customers with low or short payment histories.
For users who paid little or nothing in the relevant twelve-month period, this cap could reduce Activision's liability to near zero regardless of the extent of harm.
This cap limits financial recovery regardless of the magnitude of harm suffered, and it applies to third parties as well, even though only the user's payments set the ceiling.
Fitbit
· Fitbit Terms of Service
This cap limits the maximum financial recovery a user can obtain from Fitbit regardless of the nature or severity of harm, which may be far less than actual damages suffered.
The cap ties the maximum recovery to actual payments for the specific Products involved, which could be very low or zero for free products, and is further limited to the preceding twelve months.
xAI
· xAI Terms of Service
Regardless of the magnitude of harm suffered, users cannot recover more than $100 or amounts already paid to xAI, significantly limiting practical legal recourse.
This cap limits the maximum amount a user can recover from OneLogin regardless of the actual magnitude of harm suffered.
This cap places a hard ceiling on any monetary recovery a member could obtain from LinkedIn, which may be far below actual losses suffered.
For most advertisers, the cap will be very low, significantly limiting the financial recovery available from LinkedIn regardless of the severity of any breach or harm.
For users on free or low-cost plans, the maximum recoverable amount from Dropbox is capped at $20 USD, which may be far below the value of losses suffered.
Kick
· Kick Terms of Service
Regardless of the severity of harm, Kick's financial exposure to any individual user is strictly limited, which may leave users significantly undercompensated for substantial losses.
This cap can render Replicate's maximum liability as low as US$100 regardless of the severity of the harm, because the cap is the lower of two already-limited figures.
The cap ties maximum recoverable damages to a fixed historical payment window, which may be substantially lower than actual losses suffered.
NO WALMART ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WALMART SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Stash
· Stash Terms of Use
The cap ties maximum recovery to historical fees paid, which may be a small amount relative to actual losses, and it applies across all damages and causes of action combined.
Twitch
· Twitch Terms of Service
This cap limits the maximum financial recovery a user can obtain from Twitch regardless of the nature or magnitude of harm, and users who pay nothing would be limited to $100.
Heap
· Heap Terms of Service
The liability cap is pegged to historical fees paid, which may be substantially lower than the actual damages a party suffers, limiting practical recovery.
The cap ties the maximum recoverable amount to wallet value at the moment of the triggering event, which may be significantly less than losses actually suffered, especially in a volatile market.
Ramp
· Ramp Terms of Service
THE LIMITATIONS SET FORTH IN SECTION 6.1(A) ABOVE WILL NOT APPLY TO COMPANY'S INDEMNIFICATION OBLIGATIONS AND OBLIGATIONS TO PAY ANY FEES, CHARGES, PAYMENTS AND OTHER AMOUNTS OF ANY KIND OWED IN CONNECTION WITH THE AGREEMENT...
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF ACTIVECAMPAIGN OR THE OTHER ACTIVECAMPAIGN PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED...
xAI
· xAI Enterprise Terms of Service
EXCEPT WITH RESPECT TO EITHER PARTY'S OBLIGATIONS IN SECTION 2...SECTION 9...OR SECTION 10...EITHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR CUSTOMER'S PAYMENT OBLIGATIONS
THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH WILL NOT APPLY TO INJURIES: (X) TO THE BODY OR PERSON; OR (Y) CAUSED BY OUR WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS.
Twilio
· Twilio Terms of Service
THE LIMITATIONS IN SECTION 7.1 AND SECTION 7.2 DO NOT APPLY TO (a) YOUR BREACH OF SECTION 2.2 (CUSTOMER RESPONSIBILITIES); (b) YOUR AND YOUR AFFILIATES' BREACH OF SECTION 3 (FEES AND PAYMENT TERMS); OR (c) AMOUNTS PAYABLE PURSUANT TO A …
EXCEPT FOR...(B) CUSTOMER'S (I) BREACH OF ITS OBLIGATIONS UNDER SECTION 2.2 (USE RESTRICTIONS) OR SECTION 10 (FEES AND PAYMENT) OR (II) OBLIGATIONS UNDER SECTION 8 (INDEMNIFICATION)...