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)...
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.