coastalcph/lex_glue huggingface dataset:
you agree to indemnify and hold evernote , its subsidiaries , affiliates , officers , agents , employees , advertisers , service providers and other partners harmless from and against any and all claims , liabilities , damages ( actual and consequential ) , losses and expenses ( including legal and other professional fees ) arising from or in any way related to any third party claims relating to your use of any of the service , any violation of these terms of service or any other actions connected with your use of the service ( including all actions taken under your account ) .
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 .
this `` alternative dispute resolution process '' shall be initiated by either party sending notice to the other , in which event you and evernote agree to use our reasonable efforts to agree within thirty ( 30 ) days upon an individual or service to manage the alternative dispute resolution process ( the `` arbitration manager '' ) according to the following requirements : ( i ) neither party shall be required to attend any proceeding in person , ( ii ) the proceeding will be conducted via written submissions , telephone or online communications or as otherwise agreed upon , ( iii ) the fees for the arbitration manager will be borne equally by the parties or be submitted to the arbitration manager to determine as part of the dispute and ( iv ) the judgment rendered by the arbitration manager may be entered in any court of competent jurisdiction for enforcement .
ebay may contact you using autodialed or prerecorded calls and text messages , at any telephone number that you have provided us , to : ( i ) notify you regarding your account ; ( ii ) troubleshoot problems with your account ; ( iii ) resolve a dispute ; ( iv ) collect a debt ; ( v ) poll your opinions through surveys or questionnaires ; or ( vi ) as otherwise necessary to service your account or enforce this user agreement , our policies , applicable law , or any other agreement we may have with you .
in addition , to the extent permitted by applicable law , we ( including our parent , subsidiaries , and affiliates , and our and their officers , directors , agents and employees ) are not liable , and you agree not to hold us responsible , for any damages or losses ( including , but not limited to , loss of money , goodwill or reputation , profits , other intangible losses , or any special , indirect , or consequential damages ) resulting directly or indirectly from : the content you provide ( directly or indirectly ) using the services ; your use of or your inability to use our services ; pricing , shipping , format , or other guidance provided by ebay ; delays or disruptions in our services ; viruses or other malicious software obtained by accessing or linking to our services ; glitches , bugs , errors , or inaccuracies of any kind in our services ; damage to your hardware device from the use of any ebay service ; the content , actions , or inactions of third parties , including items listed using our services or the destruction of allegedly fake items ; a suspension or other action taken with respect to your account or breach of the abusing ebay section above ; the duration or manner in which your listings appear in search results as set out in the listing conditions section above ; or your need to modify practices , content , or behavior , or your loss of or inability to do business , as a result of changes to this user agreement or our policies .
regardless of the previous paragraphs , if we are found to be liable , our liability to you or to any third party is limited to the greater of ( a ) any amounts due under the ebay money back guarantee up to the price the item sold for on ebay ( including any applicable sales tax ) and its original shipping costs , ( b ) the amount of fees in dispute not to exceed the total fees , which you paid to us in the 12 months prior to the action giving rise to the liability , or ( c ) $ 100 .
you and ebay agree that any claim or dispute at law or equity that has arisen , or may arise , between you and ebay ( including any claim or dispute between you and a third-party agent of ebay ) that relates in any way to or arises out of this or previous versions of the ebay user agreement , your use of or access to the services , the actions of ebay or its agents , or any products or services sold or purchased through the services , will be resolved in accordance with the provisions set forth in this legal disputes section .
you and ebay each agree that any and all disputes or claims that have arisen , or may arise , between you and ebay ( including any disputes or claims between you and a third-party agent of ebay ) that relate in any way to or arise out of this or previous versions of the user agreement , your use of or access to ebay 's services , the actions of ebay or its agents , or any products or services sold , offered , or purchased through ebay 's services shall be resolved exclusively through final and binding arbitration , rather than in court .
unless you and we agree otherwise , in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute , either as a result of your decision to opt out of the agreement to arbitrate or as a result of a decision by the arbitrator or a court order , you agree that any claim or dispute that has arisen or may arise between you and ebay must be resolved exclusively by a state or federal court located in salt lake county , utah .