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APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY,
<br />INCLUDING WITHOUT LIMITATION, TLIE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
<br />PARTICULAR PURPOSE, SUITABILITY, SATISFACTORYQUALITY, PRODUCTIVENESS, AVAILABILITY, CAPACFFY,
<br />TIMELINESS, ACCURACY, 'TITLE, AND NONINFRINGEMENT. ANY INFORMATION OR DATA TRANSMITTED
<br />THROUGH OR UPLOADEDTO TI-CE PLATFORM, INCLUDING WITHOUT LIMITATION PERSONAL DATA, IS DONE AT
<br />THE CUSTOMER'S OWN DISCRETION AND RISK, THE PROVIDER DOES NOT WARRANT THAT THE PLATFORM OR
<br />DOCUMENTATION WILL BE ERROR FREE, UNINTERRUPTED, OR FREE OF VIRUS ES, OR THAT ANY ERRORS
<br />WILL BE CORRECTED. Some jurisdictions do not allow the exclusion ofimplied warranties so, solely to the extent such law
<br />applies to you, theabove disclaimernuty not apply to you.
<br />12, Limitations and Exch€sions of Liability
<br />IN NO EVENT WILL THE, PROVIDER BE LIABLE TOTHE CUSTOMER OR ANY THIRD PARTY FOR ANY DIRECT,
<br />INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, ENHANCED, OR EXEMPLARY DAMAGES,
<br />INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL,
<br />LOSS OF BUSINESS INFORMATION OR DATA, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED BENEFIT,
<br />COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR OTHER INTANGIBLE LOSSES (WHETHER BASED IN
<br />CONTRACT, TOR`I'(INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE) ARISING OUTOF TLIE USE OF
<br />OR INABILITYTO USE THE PLATFORM AND/OR DOCUMENTATION, EVEN IF THE PROVIDER HAS BEEN ADVISED
<br />OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
<br />LIMITATION OF CERTAIN TYPES OF DAMAGES SO, SOLELY TO THE EXTENT SUCH LAW APPLIES TO YOU, THE
<br />ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT, HOWEVER, WILL THE PROVIDER'S
<br />TOTAL AGGREGATE LIABILITY FOR ANY CLAINI ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED
<br />THE GREATER OF (A)THE TOTAL AMOUNT PAID BY TLIE CUSTOMER 1'0 THE PROVIDER FOR USE OF THE
<br />PLATFORM DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT THAT GAVE RISE TO THE CLAIM, OR
<br />(B) US 500,
<br />13. Indemnification
<br />The Customer agrees that it will indemnify, defend, and hold harmless the Provider and its officers, directors, agents,
<br />representatives, employees, successors and assigns for, fi-oni, and against any acid all claims, allegations, actions,
<br />damages, losses, awards, fines, liabilities, and costs (including without limitation reasonable attorneys' fees and costs)
<br />resulting from or arising out of (a) the Customer's or any Authorized User's violation of any law, statute, or regulation; (b) the
<br />Customer's or any Authorized Users use, collection, transmittal, transfer, or other processing of any Personal Data; (c) the
<br />Customer Materials: (d) the Customer's or any Authorized Users' use, sale, marketing, prornotion, and/or distribution of or
<br />provision of the Customer's goods or services; (e) the Customer's or any Authorized User's misuse of the Platform or
<br />Documentation; and/or (f) the Customer's or any Authorized User's violation of any provision of this Agreement.
<br />14. Confidentiality
<br />15.1 Use and Diselosure. During the Term, the Provider Crud the Customer may have access to and become acquainted with
<br />the Confidential httormation oftlie other. Except as otherwise provided for in this Agreement, neither party shall; (a) use the
<br />Confidential Information far any purpose other than exercise of its rights and performance of its obligations under this
<br />Agreement without the prior written authorization of the other party; or (b) disclose the other party's Confidential Information
<br />1iAPID)CPArTF_r)
<br />OREGON
<br />790 SW Industrial Way Suite 101, Bend, Oregon 97701
<br />p. 85 5.909.2665
<br />e. info@theflybook.com
<br />
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