Disclamier
WARRANTIES /
LIMITATION OF LIABILITY. Neither Fastback.biz nor any
third party data provider (for purposes of indemnification,
warranties, and limitations on liability, Fastback.biz and its
data providers are hereby collectively referred to as "Fastback.biz")
shall be liable to Customer (or to any person claiming through
Customer to whom Customer may have provided Fastback.biz service-related
data) for any loss or injury arising out of or caused in whole
or in part by Fastback.biz's acts or omissions in procuring, compiling,
collecting, interpreting, reporting, communicating, or delivering
the Fastback.biz services. If, notwithstanding the foregoing,
liability can be imposed on Fastback.biz, then Customer agrees
that Fastback.biz's aggregate liability for any and all losses
or injuries arising out of any act or omission of Fastback.biz
in connection with anything to be done or furnished under this
Application and Agreement, regardless of the cause of the loss
or injury, and regardless of the nature of the legal or equitable
right claimed to have been violated, shall never exceed $100.00;
provided, however, that such limitation of liability shall not
apply to Fastback.biz’s indemnification
obligation detailed in Section 10 hereof; and Customer covenants
and promises that it will not sue Fastback.biz for an amount greater
than such sum even if Fastback.biz and/or third parties were advised
of the possibility of such damages and that it will not seek punitive
damages in any suit against Fastback.biz. Fastback.biz does not
make and hereby disclaims any warranty, express or implied, with
respect to the Fastback.biz services provided hereunder; provided,
however, that Fastback.biz does hereby warrant that Fastback.biz
has complied with the law, and applicable third-party data provider
contracts in providing the services. Fastback.biz does not guarantee
or warrant the correctness, completeness, merchantability, or
fitness for a particular purpose of the services or the components
thereof or information provided hereunder. In no event shall Fastback.biz
be liable for any indirect, incidental, or consequential damages,
however arising, incurred by Customer from receipt or use of information
delivered hereunder or the unavailability thereof.
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