Chawkvendor

DISCLAIMER OF WARRANTIES:##CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT CUSTOMER USE OF CHAWKVENDOR IS AT CUSTOMER’S SOLE RISK, AND THAT CHAWKVENDOR, THE SERVICES, AND THE DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE."##PROVIDER AND ITS SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS MAKE NO EXPRESS WARRANTIES, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING CHAWKVENDOR, THE SERVICES, AND THE DELIVERABLES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROVIDER, ITS SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT (A) CUSTOMER’S USE OF CHAWKVENDOR WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF CHAWKVENDOR WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, OR (C) DATA PROVIDED THROUGH CHAWKVENDOR WILL BE ACCURATE.####LIMITATION OF LIABILITY##EXCEPT FOR CLAIMS UNDER SECTION 12 OF THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY (OR THE AUTHORIZED USERS) IN CONNECTION WITH, OR RELATING TO, THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL AND DAMAGE TO REPUTATION). IN NO EVENT WILL PROVIDER’S TOTAL AGGREGATE LIABILITY TO CUSTOMER AND THE AUTHORIZED USERS (FOR DIRECT, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES OR THEORY OF LIABILITY) ARISING UNDER OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY COMPANY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE RELEVANT CAUSE OF ACTION ACCRUED. THIS LIMIT IS CUMULATIVE AND NOT PER INCIDENT (i.e., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT INCREASE THE LIMIT).