YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING
TO PROVIDE THE DUABLY PLATFORM IF YOU AGREE TO CERTAIN
LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.
THEREFORE, YOU AGREE NOT TO HOLD COMPANY, ITS
AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS,
SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’
AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE
PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE,
SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY,
“LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER
KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER
PARTY’S USE OF OR INABILITY TO USE THE DUABLY
PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES
ARISING IN CONNECTION WITH THE CONDUCT, ACT OR
OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION
STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS
OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL
PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION,
ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS
AFFILIATES OR LICENSORS.
UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES,
ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS,
EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR
PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR
INABILITY TO USE THE DUABLY PLATFORM OR THE FIX-IT JOB
SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE
SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
COMPANY DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO
THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE
DUABLY PLATFORM. USER RECOGNIZES THAT AGED AND
DETERIORATING APPURTENANCES INCLUDING BUT NOT LIMITED
TO PLUMBING AND HEATING FIXTURES, PIPING, EQUIPMENT,
DUCT WORK, ELECTRICAL WIRING AND SO FORTH MAY NO
LONGER BE SERVICEABLE, AND USER AGREES TO HOLD DUABLY
AND ANY SERVICE PROVIDERS BLAMELESS FOR ANY DAMAGES OR
DESTRUCTION TO THOSE ITEMS AS A RESULT OF ANY REPAIR
EFFORTS.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS
DETERMINED THAT COMPANY OR ITS PARTNERS IN PROMOTIONS,
SWEEPSTAKES OR CONTESTS, AFFILIATES, ITS LICENSORS, OR
ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS,
DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS
LIABLE FORDAMAGES, IN NO EVENT WILL THE AGGREGATE
LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY
YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE
TIME SUCH CLAIM AROSE.