YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, THE FOOD CORRIDOR WILL NOT BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF USE OR LOSS OF GOODWILL OR REPUTATION) WITH RESPECT TO ANY CLAIMS BASED ON CONTRACT, TORT OR OTHERWISE (INCLUDING NEGLIGENCE AND STRICT LIABILITY) ARISING OUT OF THIS AGREEMENT, REGARDLESS OF WHETHER THE FOOD CORRIDOR WAS ADVISED, HAD OTHER REASON TO KNOW OR IN FACT KNEW OF THE POSSIBILITY THEREOF. THE FOOD CORRIDOR’S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AGGREGATE AMOUNT OF YOUR PAYMENTS TO THE FOOD CORRIDOR DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Indemnification
YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE FOOD CORRIDOR, ITS AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, LOSSES, LIABILITIES, DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) (COLLECTIVELY “CLAIMS”) BASED UPON, RELATING TO OR ARISING OUT OF: (A) THE NEGLIGENCE OR WILLFUL MISCONDUCT OF YOU OR ANY OF YOUR EMPLOYEES OR AGENTS; (B) ANY AGREEMENT OR RELATIONSHIP BETWEEN YOU AND THE FOOD CORRIDOR, OR (C) YOUR ACCESS OR USE OF THE DOCUMENT OR ITS CONTENT.
No Warranty
YOUR USE OF THE DOCUMENT OR ITS CONTENT IS AT YOUR OWN RISK. ADVICE OR INFORMATION, OBTAINED FROM THE FOOD CORRIDOR OR THROUGH THE DOCUMENT OR ITS CONTENT, WILL NOT CREATE ANY WARRANTY. THE DOCUMENT AND ITS CONTENT IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOOD CORRIDOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. THE FOOD CORRIDOR DOES NOT WARRANT THAT THE DOCUMENT OR ITS CONTENTS WILL (I) MEET YOUR REQUIREMENTS, (II) BE TIMELY OR ERROR- FREE; (III) BE ACCURATE, CORRECT, TRUTHFUL, OR RELIABLE; OR (IV) THE QUALITY OF THE PRODUCT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE DOCUMENT WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTION YOU TAKE IN RELIANCE ON ANY CONTENT POSTED IN THE DOCUMENT. THE FOOD CORRIDOR EXPLICITLY DISCLAIMS LIABILITY FOR ALL ACTS OR OMISSIONS USE OR OTHER THIRD PARTY.
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