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 …
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE...
This limitation of liability includes any claim based on warranty, contract, tort, strict liability, or any other legal theory.
Whoop
· Whoop Terms of Use
THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF A WHOOP PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A WHOOP PARTY'S NEGLIGENCE; OR FOR (A) ANY INJURY CAUSED BY A WHOOP PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
These limitations of liability do not apply to a party's (i) payment, confidentiality or indemnification obligations; (ii) liability for fraud, gross negligence or intentional misconduct; (iii) liability for death or personal injury; or (iv) violation of the other party's intellectual …
Fly.io
· Fly.io Terms of Service
IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN WILL REMAIN IN EFFECT.
GitHub
· GitHub Terms of Service
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose.
OpenAI
· OpenAI EU Terms of Use
we do not take responsibility for loss or damage caused by us, unless it is: caused by our breach of these Terms or reasonably foreseeable at the time of entering into these Terms.
We will only be responsible for foreseeable losses. If we break the Agreement, we will only be responsible for any loss that we could have foreseen at the time we entered into the Agreement.
Revolut
· Revolut Terms of Service (Superseded URL)
we will only be responsible for any loss that we could have foreseen at the time we entered into the Agreement.
The limitations of liability in this Section 4 are part of the basis of the bargain...shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law)...
THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY OR FOR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT...
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO, including our liability for: (i) death or personal injury arising from our negligence; (ii) our fraud or fraudulent misrepresentation...
Medium
· Medium Terms of Service
We don't exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of Medium.
OpenAI
· OpenAI EU Terms of Use
We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You still have the full protections of the laws applicable to you.
The liability of each Party and each Party's affiliates under this DPA is subject to the exclusions and limitations of liability set out in the Agreement.
Nothing in this Agreement excludes or limits either party's Liability for: (a) its fraud or fraudulent misrepresentation
Nothing in this Agreement excludes or limits either party's Liability for...(c) its infringement of the other party's Intellectual Property Rights
Nothing in this Agreement excludes or limits either party's Liability for...(d) its payment obligations under this Agreement
Plaid
· Plaid Terms of Use
THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 8 APPLY REGARDLESS OF THE FORM OF ACTION... AND WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS ARE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE