Read this one! It’s really, really important!
(1) Disclaimer of Warranties / Limitation of Liability
(a) THE SERVICE IS PROVIDED “AS IS” AND OUR EXPOSURE TO YOU IS LIMITED. WE SPECIFICALLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY US. WE ALSO DOES NOT WARRANT THAT THE SERVICE OFFERED OR PROVIDED IS FREE OF BUGS, ERRORS, DEFECTS, VIRUSES, OR DEFICIENCIES. IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED BY AFFILIATE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF OUR SERVICE IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, WE SHALL NOT BE RESPONSIBLE FOR LOSS OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND FEES PAID TO PROVIDER FOR SERVICE, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTS IN THE SERVICE IS AS SET FORTH IN THIS SECTION OR IN THE SPECIFIC SERVICE LEVEL AGREEMENT, IF ANY, APPLICABLE TO THE SERVICE YOU ARE USING.
OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF OUR SERVICE) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES BUT IS NOT LIMITED TO ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE SERVICE RENDERED, THE USE OF PRODUCTS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO OUR SERVICES AND PRODUCTS, THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF THE OUR WEB HOSTING SERVERS, THE PROCESSING OF YOUR APPLICATION, THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH EVERYTHING INSIDE OUR SITE, SERVICES, AND PRODUCTS, THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICE DURING THE PRIOR TWELVE MONTHS, OR $500, WHICHEVER IS LESS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
(a) You agree to have our back if and when “it” hits the fan. Affiliate agrees to defend, indemnify, and hold usk and its affiliates, directors, officers, agents, and employees harmless from and against any and all claims, obligations, losses, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) incurred by us arising from or due to any claim, action, dispute, or demand made by any third parties (including referrals of Affiliate) that are related to or arising out of Affiliate’s use of the Service, participation in the Affiliate Program, or from your placement or transmission of any materials or Content onto our sites. Such liabilities may include, but are not limited to:
- i. False advertising claims against Affiliate,
- ii. Liability claims for products or services sold by Affiliate,
- iii. Infringement or misappropriation of intellectual property rights,
- iv. Violation of rights of publicity or privacy, defamation, libel, slander obscenity, or child pornography,
- v. Spamming or any other offensive or harassing or illegal conduct (including, but not limited to, violation of any section of this Agreement), or
- vi. Any other damage arising from your equipment, business, or your participation in the Affiliate Program.
(a) If something crazy happens that we have no control over, we’re not responsible (SH#@ happens, after all). We shall not be liable to Affiliate or any other person, firm, or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and/or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action, or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation, or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.