COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR LOST DATA, OR FOR ANY DAMAGE RELATED TO THE USE OF, OR INABILITY TO USE, THE WEB SITE OR THE SERVICES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. COMPANY’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS SHALL BE FOR THOSE DIRECT DAMAGES SUFFERED BY YOU AND SOLELY DUE TO COMPANY’S PERFORMANCE UNDER THIS AGREEMENT AND SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO COMPANY FOR THE SERVICES DIRECTLY RELATED TO THE DAMAGES SUFFERED. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in this Agreement may not apply to you.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS PARTNERS AND LICENSORS, DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT: I) THAT THE CONTENT (WHETHER POSTED OR STATED BY US, SPEAKER OR ANYONE ELSE) IS ACCURATE, RELIABLE OR CORRECT; or II) THAT THE SITE, SERVICES OR SPEAKERS WILL MEET YOUR REQUIREMENTS; or III) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; or IV) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; or V) THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, investors, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees). This indemnity clause does not apply until any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) are proven in a court of law.
1 You agree to allow Company to list your business as a Speaker or Speaker Bureau or Agency or Organizer, including, but not limited to, listing your name, photo and/or the name of your business, and/or any other information you made publicly available on your Speaker profile, to be displayed on Company’s web site, and/or if your Speaker profile is associated with an organization that uses the Company’s White-Label Service, on the White-Label partner’s website, unless you opt out by sending an email request to that effect. Unless you opt out via your Speaker profile’s settings or by an email request, Company can use the above content in its advertising material and promotional messages through its partners and 3rd parties.
2 If You are given or otherwise have access to consumers names, IP address, email address and/or other contact information, you agree to keep such information confidential and to not use the name, email address or other contact information for any purpose other than that contemplated by this Agreement. You agree to abide by all laws including, but not limited to, all privacy laws.
The relationship of the parties is that of an independent contractor. This Agreement does not create a joint venture or partnership between speakers or users and Company, and each will act independently of the other. Neither you nor Company is empowered to bind or commit the other to any other contract or other obligation. You and Company agree that there are no third party beneficiaries to this Agreement.
If and to the extent that any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and, if possible, shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of any other provision of this Agreement in that or any other jurisdiction.
No failure or delay by Company in exercising any right, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof by Company shall preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
This Agreement contains the entire agreement and understanding between the parties and merges and supersedes all representations and discussions between the parties.