This limitation will not apply to (i) either party's liability from fraud, gross negligence, recklessness, or willful or criminal misconduct, (ii) your liability for infringement of our intellectual property rights...
Except for a party's indemnification obligations, gross negligence, willful misconduct, or infringement or misappropriation of the other party's intellectual property rights...
EXCEPT FOR (A) EITHER PARTY'S (I) GROSS NEGLIGENCE, (II) WILLFUL MISCONDUCT, OR (III) BREACH OF OBLIGATIONS UNDER SECTION 6 (CONFIDENTIALITY)...EACH PARTY'S TOTAL AGGREGATE LIABILITY...WILL NOT EXCEED...
Heap
· Heap Terms of Service
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...
THE FOREGOING EXCLUSIONS AND LIMITS IN THIS SECTION 8 DO NOT APPLY TO LIABILITY OR OBLIGATIONS ARISING UNDER SECTIONS 1.2 (RESTRICTIONS) OR 7 (THIRD PARTY CLAIMS), INFRINGEMENT OR MISAPPROPRIATION BY A PARTY OF THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS, OR …
EXCEPT FOR LIABILITY (A) ARISING FROM EITHER PARTY'S INTENTIONAL MISUSE OF THE OTHER PARTY'S CONFIDENTIAL INFORMATION, (B) ARISING FROM EITHER PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 7, OR (C) RESULTING FROM...
Vercel
· Vercel Terms of Service
EXCEPT FOR YOUR BREACH OF SECTIONS 11 (USAGE RESTRICTIONS), 16 (CONFIDENTIALITY; PROPRIETARY RIGHTS), AND 17 (PAYMENT OF FEES), OR YOUR BREACH OF ANY REPRESENTATIONS OR WARRANTIES OR YOUR INDEMNITY OBLIGATIONS...
Linear
· Linear Terms of Service
EXCEPT FOR (I) CLAIMS ARISING FROM CUSTOMER'S BREACH OF SECTION 2.2 (Use Restrictions), (II) A PARTY'S OBLIGATIONS UNDER SECTION 8 (Indemnification) or (III) A PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD...
Canva
· Canva Terms of Use
These limitations will not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled 'restrictions on use of the service.'
Fastly
· Fastly Terms of Service
THE ABOVE LIMITATIONS WILL NOT LIMIT SUBSCRIBER'S PAYMENT OBLIGATIONS UNDER SECTION 7 (FEES AND PAYMENT) OR EITHER PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 16 (INDEMNIFICATION).
our liability for damages is limited to the amount of money we have earned through your use of Patreon.
This clause is consequential because it places a ceiling on all recoverable damages from FanDuel regardless of the nature or severity of the harm, and that ceiling may be zero for users who paid nothing.
THIS LIMITATION OF LIABILITY IS EXCLUSIVE AS TO ALL REMEDIES AND THE LIABILITY CAP SHALL NOT BE COMBINED WITH ANY OTHER LIMITS OF LIABILITY SO AS TO INCREASE THE CAP VALUE IN ANY INSTANCE OR SERIES OF INSTANCES.
Regardless of the magnitude of actual harm, users and third parties can recover no more than $10,000 from Binance.US, which may be far less than the value of assets or losses at stake in a dispute.
PLANETSCALE'S TOTAL AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO PRODUCT PROVIDED (I) FREE OF CHARGE; OR (II) BETA FEATURES IS LIMITED TO FIVE THOUSAND US DOLLARS ($5000).
Zelle
· Zelle Terms of Service
A $100.00 liability cap places a firm ceiling on any monetary recovery a user could obtain from the Zelle Network, regardless of the magnitude of harm suffered.
Regardless of the nature or magnitude of harm a user suffers, Mercury's financial exposure is contractually limited to $1,000.00, which may be far less than actual losses.
Regardless of the magnitude of harm suffered, users cannot recover more than $1,000 from Hims & Hers, and only for actual damages, not other categories of loss.
The cap applies to any cause of liability whatsoever, and users who paid little or nothing in the prior 12 months may have effectively no monetary recovery available against Duolingo.
THE APPLICABLE MONETARY CAPS SET FORTH IN SECTION 12 SHALL APPLY, ON AN AGGREGATED BASIS, ACROSS THIS AGREEMENT AND ANY AND ALL SEPARATE AGREEMENT(S) GOVERNING CUSTOMER'S USE OF THE "SNOWFLAKE OFFERINGS"...
THOSE CAPS SHALL NOT BE CUMULATIVE; IF A PARTY...HAS ONE OR MORE CLAIMS SUBJECT TO THE "GENERAL LIABILITY CAP" AND THE "DATA PROTECTION CLAIMS CAP," THE MAXIMUM TOTAL LIABILITY...SHALL NOT EXCEED THE "DATA PROTECTION CLAIMS CAP"
The exclusions in this Section do not apply to claims of death or personal injury based on: Bluesky's fraud or criminal misconduct; Gross negligence or willful misconduct by Bluesky...
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH A BEST BUY PROPERTY OR BEST BUY GROSS NEGLIGENCE...
Stripe
· Stripe Terms of Service
The exclusions and limitations in this Section 8 (Limitation of Liability) apply regardless of the legal theory or form of action and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.
EXCEPT FOR: (I) A PARTY'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS; (II) A PARTY'S INDEMNITY OBLIGATIONS; OR (III) A PARTY'S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT
if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, then you may be held liable for damages (including costs and attorneys' fees)...
Eufy
· Eufy Terms of Service
If you knowingly materially misrepresent that material or activity on the App or Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f)...
you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
In any event, the Parties' liability under these Additional Terms remain governed by the liability Section of the Agreement, including all the limitations and exclusions set forth therein.
In the event of a shortfall in the amount of the Wrappable Native Token that has been wrapped as a Coinbase Wrapped Token and held by Coinbase... Coinbase's liability vis-a-vis any holder of such Coinbase Wrapped Token will be limited …