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Some advertising or other messaging content we provide will be based upon information provided by third parties, and we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. | potentially_unfair | 5,336 |
We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications. | potentially_unfair | 5,341 |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. | potentially_unfair | 5,352 |
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVERNOTE, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF EVERNOTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TO USE PROMOTIONAL CODES OR EVERNOTE POINTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (v) EVERNOTE’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR BASIC SUBSCRIBER INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE. | potentially_unfair | 5,354 |
NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. | potentially_unfair | 5,356 |
ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. | potentially_unfair | 5,358 |
If you are a resident of the United States or Canada, these Terms and the relationship between you and Evernote (including any dispute) shall be governed in all respects by the laws of the State of California, United States of America, as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to its conflict of law provisions. | potentially_unfair | 5,388 |
If you reside in Brazil, these Terms and the relationship between you and Evernote (including any dispute) shall be governed in all respects by the laws of Brazil and shall be considered to have been made and accepted in Brazil, without regard to conflict of law provisions. | clearly_fair | 5,389 |
If you reside outside of the United States, Canada, and Brazil, these Terms and the relationship between you and Evernote (including any dispute) shall be governed in all respects by the laws of Switzerland and shall be considered to have been made and accepted in Switzerland, without regard to conflict of law provisions. | potentially_unfair | 5,390 |
Except where our dispute is being resolved pursuant to an arbitration (as provided below), if you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Evernote must be resolved exclusively by a state or federal court located in San Mateo County, California. | clearly_unfair | 5,401 |
You agree to submit to the exclusive personal jurisdiction of the courts located within San Mateo County, California (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes. | clearly_unfair | 5,402 |
Except where our dispute is being resolved pursuant to an arbitration (as provided below), if you reside in Brazil, you agree that any claim or dispute you may have against Evernote must be resolved exclusively by the courts in São Paolo-SP, Brasil. | clearly_fair | 5,403 |
You agree to submit to the exclusive personal jurisdiction of the courts located within São Paolo-SP, Brasil (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes. | clearly_fair | 5,404 |
Except where our dispute is being resolved pursuant to an arbitration (as provided below), if you are not a resident of the United States, Canada, or Brazil, you agree that any claim or dispute you may have against Evernote must be resolved exclusively by the courts in Zurich, Switzerland. | clearly_unfair | 5,405 |
You agree to submit to the exclusive personal jurisdiction of the courts located within Zurich, Switzerland (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes. | clearly_unfair | 5,406 |
Unless you are subject to the Arbitration Agreement set out below, and subject to any applicable laws, if a claim arises between you and Evernote where the total value of such claim is less than US$10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person. | potentially_unfair | 5,408 |
If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you and Evernote agree that any and all disputes or claims that have arisen or may arise between us - except any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights - shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. | potentially_unfair | 5,412 |
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim. | potentially_unfair | 5,438 |
If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement. | potentially_unfair | 5,488 |
Instead of paying to use Facebook and the other products and services we offer, by using the Facebook Products covered by these Terms you agree that we can show you ads that business and organizations pay us to promote on and off the Facebook Company Products. | potentially_unfair | 5,504 |
We can remove or block content that is in breach of these provisions. | potentially_unfair | 5,544 |
We also can remove or restrict access to your content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to Facebook. | potentially_unfair | 5,547 |
As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. | potentially_unfair | 5,584 |
Once any updated Terms are in effect, you will be bound by them if you continue to use our Products. | potentially_unfair | 5,587 |
If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. | potentially_unfair | 5,591 |
We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons. | potentially_unfair | 5,592 |
Nothing in these Terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights. | clearly_fair | 5,597 |
Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control. | potentially_unfair | 5,599 |
If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Facebook Products ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. | clearly_fair | 5,603 |
In all other cases, you agree that the claim must be resolved in a competent court in the Republic of Ireland and that Irish law will govern these Terms and any claim, without regard to conflict of law provisions. | clearly_unfair | 5,604 |
You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life). | potentially_unfair | 5,621 |
By using any Garmin Site you signify your agreement to these Terms of Use. | potentially_unfair | 5,647 |
Garmin may modify these Terms of Use at any time by updating this posting. | potentially_unfair | 5,652 |
GARMIN SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. | potentially_unfair | 5,667 |
IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, GARMIN'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. | potentially_unfair | 5,668 |
Garmin is not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable. | potentially_unfair | 5,675 |
For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. | potentially_unfair | 5,683 |
We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any User Submission from any Garmin Site that violates these Terms of Use (including the Rules of Conduct). | potentially_unfair | 5,697 |
We may suspend or terminate your account and your ability to use any Garmin Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service. | potentially_unfair | 5,703 |
Some Content on the Garmin Sites may be provided by third parties and Garmin will not be held responsible for any such Content provided by third parties. | potentially_unfair | 5,708 |
IF YOUR USE OF THE GARMIN SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, GARMIN WILL NOT BE RESPONSIBLE FOR THOSE COSTS. | potentially_unfair | 5,710 |
IN NO EVENT WILL GARMIN OR ANY THIRD PARTIES MENTIONED AT THE GARMIN SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE GARMIN SITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GARMIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | potentially_unfair | 5,716 |
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW. | potentially_unfair | 5,717 |
It is Garmin's policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties. | potentially_unfair | 5,736 |
Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of any Garmin Site will be construed in accordance with and determined by the laws of the State of Kansas applicable to contracts entered into and performed within the State of Kansas without respect to its conflict of laws principles. | potentially_unfair | 5,755 |
By using a Garmin Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Garmin Site is the United States District Court for the District of Kansas, or any Kansas State court sitting in Johnson County. | clearly_unfair | 5,756 |
If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Garmin Site from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Terms of Use will be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the jurisdiction of the courts located in the state, province or country identified below whose law governs: | clearly_unfair | 5,758 |
By using our Services, you are agreeing to these terms. | potentially_unfair | 5,769 |
We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. | potentially_unfair | 5,777 |
This content is the sole responsibility of the entity that makes it available. | potentially_unfair | 5,783 |
We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. | potentially_unfair | 5,784 |
By using our Services, you agree that Google can use such data in accordance with our Privacy Policies. | potentially_unfair | 5,800 |
We are constantly changing and improving our Services. | potentially_unfair | 5,830 |
We may add or remove functionalities or features and we may suspend or stop a Service altogether. | potentially_unfair | 5,831 |
Google may also stop providing Services to you or add or create new limits to our Services at any time. | clearly_unfair | 5,833 |
When permitted by law, Google and Google’s suppliers and distributors will not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages. | potentially_unfair | 5,845 |
To the extent permitted by law, the total liability of Google and its suppliers and distributors for any claims under these terms, including for any implied warranties, is limited to the amount that you paid us to use the Services (or, if we choose, to supplying you with the Services again). | potentially_unfair | 5,846 |
In all cases, Google and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable. | potentially_unfair | 5,847 |
If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumers’ legal rights which may not be waived by contract. | clearly_fair | 5,849 |
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. | potentially_unfair | 5,854 |
You should look at the terms regularly. | potentially_unfair | 5,855 |
If you reside in one of those countries, then where Californian law is excluded from applying, your country’s laws will apply to such disputes related to these terms. | clearly_fair | 5,867 |
Otherwise, you agree that the laws of California, USA, excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these terms or the Services. | potentially_unfair | 5,868 |
Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, USA, then your local jurisdiction and venue will apply to such disputes related to these terms. | clearly_fair | 5,869 |
Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts. | clearly_unfair | 5,870 |
BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO THE GRINDR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. | potentially_unfair | 5,878 |
IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. | potentially_unfair | 5,881 |
IF YOU ARE A RESIDENT OF ANY OF THE COUNTRIES NOTED IN THE SPECIAL TERMS, YOU MAY HAVE ADDITIONAL RIGHTS OR CERTAIN PARTS OF THIS AGREEMENT, SUCH AS THE ARBITRATION AGREEMENT, MAY NOT APPLY TO YOU. | clearly_fair | 5,885 |
We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. | potentially_unfair | 5,929 |
You consent to the collection, retention, use, and sharing of this information as set forth in Our Privacy Policy. | potentially_unfair | 5,936 |
We reserve the right, at Our discretion, to modify, add, or discontinue the Grindr Services or any portion thereof, at any time, for any reason, and without liability to You except as provided in this Section 6. | potentially_unfair | 5,938 |
However, We reserve the right to make such modifications, additions, or discontinuances without such notice if needed to comply with law, protect or enforce legal rights, or otherwise to address or prevent an emergency. | potentially_unfair | 5,939 |
We reserve the right at any time to charge fees for access to all or portions of the Grindr Services and change any such pricing at any time provided that any changes will not affect the fees for any Premium Services that You have already paid for. | potentially_unfair | 5,941 |
WE MAY DELETE YOUR SUBMISSIONS AND WE MAY BAN YOUR ACCOUNT. | clearly_unfair | 5,951 |
Grindr may require that You delete, or Grindr may delete, any User Content (as defined below) at any time for any reason, or no reason whatsoever. | clearly_unfair | 5,952 |
Any violation of the Guidelines or this Agreement by Your User Content, as determined by Grindr, may result in Your User Account being banned and may lead to the termination of Your access to the Grindr Services. | potentially_unfair | 5,953 |
Any promotional program may be terminated or modified by Grindr at any time in Our sole discretion. | potentially_unfair | 6,006 |
Grindr may manage, regulate, control, modify or eliminate Microtransactions and/or add-on features at any time. | potentially_unfair | 6,015 |
Grindr shall have no liability to You or any third party in the event that Grindr exercises any such rights. | potentially_unfair | 6,018 |
ACCORDINGLY, GRINDR ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE GRINDR SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE OR OUR BEING LIABLE TO YOU. | clearly_unfair | 6,026 |
REFUNDS WILL ONLY BE GIVEN WHERE EXPRESSLY PROVIDED IN THIS AGREEMENT. | potentially_unfair | 6,027 |
You agree that Grindr will not be responsible for any loss or damage incurred as the result of any such interactions. | potentially_unfair | 6,029 |
Grindr may suspend or terminate any User Account You have with the Grindr Services or Your access to or use of the Grindr Services or any portion thereof, if Grindr believes that Your profile content or Your conduct within the Grindr Services violates Our Terms of Service or you have otherwise breached this Agreement, or for any other reason, in its sole discretion, subject to Sections 11.4 and 11.5 below. | clearly_unfair | 6,039 |
Grindr may also remove and discard all or any part of Your User Account or any User Content (as defined below), at any time. | clearly_unfair | 6,040 |
You agree that any termination of Your access to the Grindr Services or any User Account You may have or portion thereof may be effected without prior notice (except as provided in Section 11.4 below), and You agree that Grindr will not be liable to You or any third party for any such termination and refunds will only be given where expressly provided in this Agreement (including Section 11.5 below). | potentially_unfair | 6,041 |
For example, We may deactivate Your User Account due to prolonged inactivity. | potentially_unfair | 6,042 |
Without limitation of our other rights, We reserve the right to delete all Your User Content from the Grindr Services upon any termination or cancellation of Your User Account. | potentially_unfair | 6,043 |
If you have paid for a Premium Service, Grindr will give you at least 30 days’ notice of termination of Your access to the Grindr Services or any User Account unless Your profile content or Your conduct within the Grindr Services violates Our Terms of Service or You have otherwise breached this Agreement, in which case Grindr may suspend or terminate Your access to the Grindr Services or any User Account immediately. | potentially_unfair | 6,046 |
You understand that when using the Grindr Services, You will be exposed to User Content from a variety of sources, and that Grindr is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. | potentially_unfair | 6,057 |
Grindr assumes no responsibility whatsoever in connection with or arising from User Content. | potentially_unfair | 6,059 |
If at any time Grindr chooses, in its sole discretion, to monitor User Content, Grindr nonetheless assumes no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting User Content. | potentially_unfair | 6,061 |
Nonetheless, Grindr reserves the right to prevent You from submitting User Content and to edit, restrict or remove User Content for any reason at any time. | clearly_unfair | 6,064 |
You agree that Grindr will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Grindr Services. | potentially_unfair | 6,083 |
Grindr does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. | potentially_unfair | 6,086 |
You agree that Grindr will not be liable to You for any such upgrades. | potentially_unfair | 6,113 |
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL GRINDR (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION 18, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY LICENSORS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) YOUR USE OF THE GRINDR SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (C) YOUR USE OR INABILITY TO USE THE GRINDR SERVICES; (D) THE GRINDR SERVICES GENERALLY (INCLUDING THE GRINDR SOFTWARE) OR SYSTEMS THAT MAKE THE GRINDR SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH GRINDR OR ANY OTHER USER OF THE GRINDR SERVICES, EVEN IF GRINDR OR A GRINDR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | potentially_unfair | 6,158 |
YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. | potentially_unfair | 6,159 |
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL GRINDR (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION 18, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY LICENSORS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) YOUR USE OF THE GRINDR SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (C) YOUR USE OR INABILITY TO USE THE GRINDR SERVICES; (D) THE GRINDR SERVICES GENERALLY (INCLUDING THE GRINDR SOFTWARE) OR SYSTEMS THAT MAKE THE GRINDR SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH GRINDR OR ANY OTHER USER OF THE GRINDR SERVICES, EVEN IF GRINDR OR A GRINDR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | potentially_unfair | 6,160 |
YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. | potentially_unfair | 6,161 |
IN NO EVENT SHALL GRINDR’S (OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, SUPPLIERS’, OR THIRD-PARTY LICENSORS’ OR SUPPLIERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE GRINDR SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE GRINDR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER. | potentially_unfair | 6,162 |