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TERMS OF USE

1. ACCEPTANCE OF TERMS

SponsorIndex Ltd. ("SponsorIndex") owns and provides online services that facilitate online sponsoring, brand partnerships, newsletter promotions, and marketing collaborations between sponsors and content creators, event organizers, newsletter publishers, and brand promoters (collectively the "Services") on the platform called SponsorIndex.com (the "SI").

By creating a profile on SI, by accessing and using the Services, the event organizer, newsletter publisher, content creator, or brand promoter (hereinafter as "Publisher") and Sponsor (hereinafter the "Sponsor") – (collectively hereinafter named the "Customers") agree to accept the terms and conditions set forth below (the "Terms of Use") on behalf of themselves and/or their companies, or represented person/company, and that this relationship(s) are and will be bound by the Terms of Use. If the Customers do not agree to be subject to these Terms of Use, they are requested to immediately stop using the Services. By continuing to use the Services, the Customers automatically agree to be bound by these Terms of Use.

SponsorIndex reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to the Customers. The Customers are kindly invited to check these Terms of Use, available on the SI website, subject to changes from time to time. The continued use of the Services after the posting of any changes to the Terms of Use will signify the acceptance by the Customers of those changes.

2. SCOPE OF AGREEMENT

These Terms of Use cover the use of the Services, including, but not limited to, the process by which the Customers finance or sponsor events, newsletters, brand promotions, marketing campaigns, find, consult, post, advert, manage promotional opportunities, profiles, and/or contact Publisher/Sponsor, and/or conclude, manage the deals between Sponsors and Publishers through the Services on the SI platform. Customers agree that these Terms of Use apply to the above mentioned uses of the Services.

3. CHANGES TO THE SERVICES

SponsorIndex has the right to change or modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without notice. SponsorIndex also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Use without restriction and on its own discretion.

4. REGISTRATION AND USAGE

Customers must register and create a profile on SI to access and use the Services. If Customers are registering on behalf of a company (ies), by registering, they confirm and agree that they have the requisite authority to register on behalf of such company (ies). The same applies if the Customers act on behalf of other person(s). The email address provided during the registration will be the login for the SI account. Each account must have a unique email address and Customers agree to not create more than one account under the same email address.

Customers warrant that any information provided during registration or at any time thereafter is true, accurate and complete and that Customers will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms of Use. Customers shall be responsible for maintaining the confidentiality of their own password, and will be solely liable for all actions taken via their account and under their password, whether or not made with their knowledge or authority. Customers further agree that any credit card or payment gateway information provided during registration or at any time thereafter is valid and that the Customers have authority to authorize payments from such credit card or account.

By registering, Customers agree to use the Services only for the purposes advertised on the SI website or in any other marketing material published by SI or SponsorIndex. Customers agree to not post content or perform any action on SI that infringe, violate someone else's rights or otherwise violate the national/international law or might have such or similar consequences.

By registering, Customers confirm that they are a valid business desiring to use the Services with aim to find, obtain/provide sponsoring, also find events, newsletters, brand deals, promotional opportunities, advertise the business and/or to conclude the deals for sponsoring and marketing collaborations. Any information provided about Customers' business (information about event, exhibition or other) or contact information (such as email addresses, banking account number and phone numbers and etc.) must be valid and accurate contact information.

5. THE SponsorIndex ADVERTISING/MARKETING NETWORK

In order to maximize the exposure of the SI business online and the deals between the Publisher and Sponsor made through the Services, SponsorIndex can, at its sole discretion: enter into agreements with third party businesses in order to create a profile page of SI website or on third party's websites; optimize any current or future Internet listings for Customers' business; take advantage of search engine marketing; lead generation or social networking opportunities; advertise Consumer`s business through media means, and perform any other acts it deems appropriate to increase traffic and use of the Services (the "SponsorIndex Marketing Actions").

The SponsorIndex Marketing Actions will include any and all search engine marketing, lead generation or social networking that SponsorIndex undertakes on behalf of the Customers or to promote the Services and generate traffic to increase the number of sponsorship, newsletter promotion, brand deal, and marketing collaboration deals concluded through the SI, including but not limited to marketing and advertising effected through any of the SponsorIndex Marketing Actions.

From time to time, at its sole discretion, SponsorIndex may make specific offers to Customers to participate in the SponsorIndex Advertising Network. The terms and conditions of these offers will be available to the said Customers at the time of the offer and acceptance of the offers will be at the Customers' sole discretion.

6. FEES/PRICING; PAYMENT TERMS

The fees for using the SI platform are indicated on the SI website.

If Customers choose the paid package(s) or additional options as set forth on the SI website or in any other SponsorIndex agreement(s) or in Terms of Use, they agree to pay all charges for the Services as indicated on SI website, in the respective agreement, or in Terms of Use.

The Customers agree that the address, the email address, fax and any other details they provide in their account settings are valid business addresses and that SponsorIndex may invoice these Customers at such addresses/numbers or through other electronic or facsimile communications.

Any charges invoiced by SponsorIndex are exclusive of all taxes, levies, or duties imposed by the taxing authorities, and Customers shall be responsible for payment of all such taxes, levies, or duties, excluding only applicable sales taxes based solely on SponsorIndex's income. All fees paid to SponsorIndex by pursuant to these Terms of Use are nonrefundable.

SponsorIndex reserves the right, at any time and at its discretion, to change any fees and any other pricing terms for the Services or additional features on SI website. Any changes shall be posted on the SI website or communicated to the Customers per email/fax/mail or other means and will be effective immediately after a prior notification of 1 week to the Customers.

7. PAYMENT AUTHORIZATION; INVOICING

SponsorIndex will invoice the Customers on a monthly, yearly or single (depending on the chosen packages/service for Services) basis, in advance, for all amounts due to SponsorIndex. Each invoice shall set forth the fees to be incurred in the forthcoming month (hereinafter the "SponsorIndex Invoice"). SponsorIndex agrees to post each SponsorIndex Invoice on the Customers' online account within one week of the first day of the applicable calendar month (hereinafter the "Invoice Posting Date") or in case of the single payment at latest one week after the paid Services have occurred/have been concluded.

By providing a credit card or any other payment information either during registration or at any time thereafter, each Organizer or Sponsor warrants that such credit card or payment gateway is correct and valid, and authorize SponsorIndex to charge such credit card or payment gateway for amounts due under the SponsorIndex Invoices pursuant to the payment schedule set forth in present section below.

Payment Schedule:

For each SponsorIndex Invoice, SponsorIndex will charge to the credit card or payment gateway, listed in the Customers' account, all undisputed amounts of such SponsorIndex Invoice at the day of the Invoice Posting Date. Customers are responsible for logging in and timely reviewing any SponsorIndex Invoice. All amounts on SponsorIndex Invoice shall be deemed to be undisputed unless you submit a disputed charge claim to SponsorIndex pursuant to Section 9, below. Once an amount has been charged to a Customers' credit card or payment gateway, it is nonrefundable.

8. NONPAYMENT

If, for whatever reason, SponsorIndex charges the Customers' credit card or payment gateway pursuant to Section 7, above, and the payment does not go through, SponsorIndex reserves the right to suspend their access to the Services. If the Customers fail to pay the applicable invoice within 10 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, SponsorIndex reserves the right to cancel the Customers account. In the event SponsorIndex cancels the account for non-payment, all amounts due and unpaid to SponsorIndex for use of the Services shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, SponsorIndex reserves the right to seek payment using any remedies allowed to it by law.

9. DISPUTED CHARGES

If the Customers wish to dispute any fees or charges invoiced by SponsorIndex, the Customers agree to submit the disputed fee or charge to SponsorIndex no later than five (5) business days after the SponsorIndex Invoice containing the disputed fee or charge is sent for payment. The Customers are responsible for logging in and timely reviewing any SponsorIndex Invoice. Each Publisher and Sponsor may submit a disputed fee or charge by contacting SponsorIndex by registered mail. SponsorIndex agrees to review said dispute and work with the concerned Organizer or Sponsor to find a timely and best solution.

10. ELECTRONIC COMMUNICATIONS

SponsorIndex reserves the right to contact the Customers from time to time for feedback about the Services, special announcements and for service and support related issues through e-mail, facsimiles, text or voice messages, or notices posted on SI website. Notices will be deemed effective at the time they are sent by SponsorIndex or as of date they are posted, regardless of whether the Customers actually read any such notices.

By using the Services, Customers expressly consent and authorize SponsorIndex to share their contact information with third-party advertisers, partners, and sponsors. Customers further consent to receive communications from SponsorIndex and/or these third parties via any and all methods of communication, including but not limited to email, SMS text messages, telephone calls (including calls made using automated telephone dialing systems or artificial/pre-recorded voice messages), voicemail drops, direct mail, and push notifications. Customers acknowledge and agree that such communications may be for advertising, telemarketing, promotional, or informational purposes.

Customers may opt-out of receiving notifications through the Services by logging into the account and changing the notification settings; opting-out of such notifications, however, will limit the effectiveness of the Services. Customers may not opt-out of receiving notifications relating to support of the Services or other notices as required by law. Customers understand that by creating an account, they are providing express written consent to receive these communications under applicable laws, including but not limited to the Telephone Consumer Protection Act.

Customers consent that any emails, surveys, other information or feedback provided to SponsorIndex through the SI platform or via any other medium, except for Personally Identifiable Information can be used by SponsorIndex in any manner, including but not limited to testimonials, reviews and ratings on SponsorIndex or third party websites. By using the Services, Customers agree that their contact information, usage data, and preferences may be used by SponsorIndex to better target and customize communications from SponsorIndex and its partners.

11. INTELLECTUAL PROPERTY

SponsorIndex grants you a license to use the Services in accordance with these Terms of Use. Customers agree not to copy, modify, reformat, rent, lease, lend, frame, create derivative works, download, store, reproduce, upload, reprocess, make a commercial use of, or distribute the Services. SponsorIndex reserves all rights to the Services not expressly granted in these Terms of Use.

SponsorIndex retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the "SponsorIndex Intellectual Property") that are the exclusive property of SponsorIndex and/or its licensors. SponsorIndex does not transfer any rights of SponsorIndex Intellectual Property to Customers.

Content of the Services that incorporates or includes any of the SponsorIndex Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of SponsorIndex or the rightful owner, as applicable.

12. CONFIDENTIAL INFORMATION

Confidential Information is any oral, written, graphic or machine-readable information disclosed by SponsorIndex that is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential. Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Services. Customers agree to not disclose or use any Confidential Information without the prior written consent of SponsorIndex, and to maintain the confidentiality of the Confidential Information.

13. ORGANIZERS AND SPONSORS WARRANTIES

It is the Customers responsibility to use the Services properly and effectively. By using the Services Customers warrant that: they will use the Services only for the purposes advertised on the SI website or any other marketing material provided by SponsorIndex; that Customers are a valid business desiring to use the Services with the aim to find or provide sponsoring for newsletters, events, brand promotions, or marketing campaigns and/or to conclude sponsorship, advertising, or promotional deals on SI; that any information provided, among such are e-mail, business addresses, phone numbers, event details, payment details and other, is valid and active information. Any breach of this section will result in termination of the Customer's account on SI. SponsorIndex reserves the right to pursue any remedies available to it by law or in equity for any breach of this Section.

14. PUBLISHER'S AND SPONSOR'S RESPONSIBILITIES

Publisher is responsible to furnish Sponsor with all the requested information about the newsletter, event, brand deal, or promotional opportunity that the Sponsor is interested in sponsoring. Sponsors respectively are responsible to provide financial support (sponsoring) for the selected newsletter, event, brand deal, or promotional opportunity.

Customers are responsible for ensuring that they can fulfil all parts of sponsoring and promotional deal engagements made through the Services. Customers are also responsible for communicating changes directly to their counterparts (respectively Publisher or Sponsor). Customers are responsible on their own for managing and closing the sponsoring deal. The sponsoring deal is automatically closed and the amount of money requested by the Publisher is automatically debited from the account of the Sponsor after the Sponsor has purchased the chosen sponsor-package(s) on the SI website. Customers agree to receive or provide the financing for the newsletters, events, brand deals, or promotional opportunities by using the online payment solutions chosen by SponsorIndex and provided on SI website.

Customers are also responsible for all equipment required to access the Services, including (but not limited to):

  • a properly configured internet enabled device compatible to SI;

  • a functioning and valid email address;

  • any required software, including an accepted browser (currently Internet Explorer version 11.0 or later, Mozilla Firefox Version 60.0 or later, Google Chrome, Apple Safari) that is configured to accept cookies, download images, and run JavaScript; and

  • any other equipment needed to access the Services.

When using the Services Customers must comply with all laws and restrictions, including applicable laws and regulations, to which the Services are subject.

15. USE OF THE SERVICES

Customers may not use the Services in any manner that is illegal or harmful to the Services or SponsorIndex. Among other restrictions, Customers agree not to:

  • Use the Services through unauthorized interfaces or protocols;

  • Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;

  • Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Services or Services software (accept as applicable law expressly permits);

  • Remove, obscure or alter any notices or indications of rights in or to the SponsorIndex Intellectual Property;

  • Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any SponsorIndex servers;

  • Take any action that imposes an unreasonable or large load on SponsorIndex's infrastructure;

  • Upload invalid data, viruses, worms, or other harmful software to the Services;

  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services, unless expressly permitted by SponsorIndex;

  • Use the Services in a way that disables the Services or prevents or inhibits anyone from using the Services; or

  • Impersonate any person or entity in order to use, or through use of, the Services.

Customers agree not to allow or consent any third party to act in the above mentioned manner.

16. CUSTOMERS SUBMISSIONS

Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by SponsorIndex ("Content") or by Customers (the "Submissions") to the Services website is owned by the party contributing such content. Customers are solely responsible for their own Submissions. By transmitting their Submissions, Customers warrant that they have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. Customers agree that they will not submit in the Submissions material that is or contains the intellectual property of a third party that they do not have permission to use.

Customers shall retain all of their ownership rights in their Submissions; however, by submitting material to SponsorIndex, Customers grant SponsorIndex the irrevocable, fully transferable right to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Services and SponsorIndex's business, and to grant these rights to the third parties. To the extent Customers do not have ownership rights to any of the Submissions, Customers shall indemnify SponsorIndex for any claim regarding SponsorIndex's use of the Submissions.

SponsorIndex does not guarantee any confidentiality with respect to any Submissions and will not treat any Submissions as confidential. When using the Services, Customers may be exposed to Submissions from a variety of sources, and SponsorIndex is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.

17. LINKS TO THIRD PARTY SITES

Customers may encounter hypertext links to websites operated by parties other than SponsorIndex during Customers use of the Services and on SI website. SponsorIndex does not control such websites and is not responsible for nor can guarantee the content of such websites. Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites in the Services or on SI website does not imply any endorsement by SponsorIndex of the material on such website or any association with their operators.

18. COOKIES

SponsorIndex may store or retrieve information on your browser in the form known as "cookies". Cookies are used in order to provide the Customers with friendly and faster user experience. Usually cookies help to collect additional website usage data and to improve our Services. A cookie is a small data file that is stored temporarily to Customers' computer's hard disk.

For the moment SponsorIndex uses session cookies. These cookies are critical and essential for the functioning of the SI platform. These cookies track Customers' name and session ID (a unique number of the log in session of each Sponsor or Organizer). Such cookies help to keep the Customers logged in while browsing on the SI platform.

Cookies mentioned above are used on the SI webpage and as well on the websites of the other third parties who have integrated SI widgets, share buttons or which have installed SI software.

Services provided by the third parties where the Customers have an account or use these services, which allow to share information, watch videos and so on, are subject to the privacy policy of those third party service providers. Such services enables SponsorIndex to provide enhanced functionality and more features on SI website and platform, but the use of the data collected through these cookies by third parties are under the rule of their privacy policy.

19. DISABLING COOKIES ON YOUR BROWSER

Customers can instruct their browser to stop accepting cookies or to request permission each time they visit the websites. For these Customers need to change the settings in their browser. Please refer to the user's manual of your browser to disable cookies. However, some SI services may not work properly if cookies are disabled.

20. PROTECTION OF PERSONAL DETAILS

SponsorIndex is doing the best to ensure the security of the personal information the Customers have entered. Personal information is protected by encrypting the data provided using the secure socket layer technology (SSL). However these technologies used are not error free, thus it is up to the Customers to decide whether they want to provide information on SI platform. For more information on the privacy policy please refer to our privacy policy terms.

21. INFORMATION SHARING

SponsorIndex may share information, including personal information within the SponsorIndex subsidiaries, affiliates and other entities forming the part of SponsorIndex.

22. TERMINATION

Upon termination of the use of the Services for any reason, all of the rights to access and use any and all parts of the Services shall immediately terminate. In the event of such termination, Customers agree to remove any and all Content provided by SponsorIndex from all of their hard drives and any other storage media and to destroy all copies of the Content in their possession.

23. OUR RESPONSIBILITIES

SponsorIndex is not responsible for providing assistance or support to Customers and other parties, including error corrections, upgrades, support, updates, bug fixes, enhancements, or other types of support. Customers agree that SponsorIndex has no liability or responsibility for the storage or deletion of any Submissions. SponsorIndex reserves the right, but not the obligation, to remove any Submissions at its discretion. SponsorIndex may monitor the use of the Services, to the extent permitted by law, to ensure compliance with these Terms of Use, satisfy legal requirements, or protect SponsorIndex's rights and the right of the third parties.

24. SOLE REMEDY

Customers and third parties only remedy for any dispute with SponsorIndex is to stop using the Services, unless otherwise provided by law or the competent courts.

25. JURISDICTION

These Terms of Use shall be interpreted and governed by and construed in accordance with the laws of the jurisdiction where SponsorIndex is incorporated, with regard to its conflicts of laws rules. Any claim or dispute under these Terms of Use or use of the Services by Customers shall be brought before the competent courts of the jurisdiction where SponsorIndex is incorporated and Customers agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.

26. ENTIRE AGREEMENT / TRANSLATION / INTERPRETATION

These Terms of Use as posted on the SI website and any operating rules for the Services established by SponsorIndex constitute the entire agreement between SponsorIndex and the Customers regarding the use of the Services. If any provision of these Terms of Use should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Use if no such modification is possible, and the other provisions of these Terms of Use shall remain in full force and effect. The section headings used are for convenience only and shall not be given any legal significance.

27. NO WAIVER

A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.

28. GOVERNING LAW AND DISPUTE RESOLUTION

The laws of the jurisdiction where SponsorIndex is incorporated shall exclusively govern all disputes and all other proceedings outcoming of the connection and the content of the SI platform and the Services. The courts of the jurisdiction where SponsorIndex is incorporated shall have exclusive jurisdiction over all disputes and all other proceedings related to the content and the connection to this Site.

29. WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." CUSTOMERS AGREE THAT THE USE OF THE SERVICES SHALL BE AT THEIR SOLE RISK. SponsorIndex DOES NOT GUARANTEE THAT CUSTOMERS WILL BE ABLE TO ACCESS THE SERVICES AT ALL TIMES OR PLACES, THAT SponsorIndex WILL HAVE ADEQUATE CAPACITY FOR ALL CUSTOMERS, OR THAT THE SERVICES WILL BE OPERABLE WITH ALL EQUIPMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, SponsorIndex, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT. SponsorIndex MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICES OR THE SERVICES PROVIDED BY THE THIRD PARTIES. SponsorIndex DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND SponsorIndex WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN CUSTOMERS AND ANY THIRD PARTY.

The Services are offered by SponsorIndex from its place of incorporation. SponsorIndex makes no representations that the Services are appropriate or available for use in other countries. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

30. LIMITATION OF LIABILITY

IN NO EVENT SHALL SponsorIndex, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO CUSTOMERS OR OTHER THIRD PARTIES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) CUSTOMERS SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) CUSTOMERS USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING CUSTOMERS' DATA) INCURRED AS A RESULT OF THE USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONS.

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