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Liability

  1. Our entire liability for all claims related to the Agreement will not exceed the amount of any actual direct damages incurred by you up to the amounts paid (if recurring charges, up to 12 months’ charges apply) for the service that is the subject of the claim, regardless of the basis of the claim.

  2. We will not be liable for indirect, or economic consequential damages, or lost profits, business, value, revenue, goodwill, or anticipated savings.

  3. Damages that cannot be limited under Applicable Law are not subject to the above amount limitation.

  4. We have no responsibility for claims based on products and services that are not ours, items not provided by us, or any violation of law or third party rights caused by your Content, materials, designs, or specifications.

  5. No right or cause of action for any third party is created by the Agreement or any transaction under it.

  6. Neither party will bring a legal action arising out of or related to the Agreement more than two years after the cause of action arose.

  7. Neither party is responsible for failure to fulfill its non-monetary obligations due to causes beyond its control.

  8. Each party will allow the other reasonable opportunity to comply before it claims the other has not met its obligations.

  9. Where approval, acceptance, consent, access, cooperation or similar action by either party is required, such action will not be unreasonably delayed or withheld.