Limitation of Liability:
The User / Customer / Seller expressly understands, agrees and acknowledges to indemnify, defend and hold harmless the Company and the Protected Entities from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User / Customer / Seller pursuant to these terms. Further, the User / Customer / Seller agrees and acknowledges to hold the Company and the Protected Entities harmless against any claims made by any third party due to, or arising out of, or in connection with, User’s / Customer’s / Seller’s use of the E Platform, any claim that the User’s / Customer’s / Seller’s material caused damage to a third party, the User’s / Customer’s / Seller’s violation of the terms, or the User’s / Customer’s / Seller’s violation of any rights of another, including any intellectual property rights.
Notwithstanding anything to the contrary contained herein, the Company and the Protected Entities shall be liability to the User / Customer / Seller or any third party for any direct, indirect, special, incidental, punitive, exemplary or consequential damages whatsoever those resulting or arising from, or directly or indirectly related to including, but not limited to loss of profits, goodwill, use, data or other intangible losses, whether or not foreseeable or whether or not advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the use or the inability to use the E Platform and the Services, unauthorized access to or alteration of User’s / Customer’s / Seller’s transmissions or data and statements or conduct of any third party on the E Platform and the Services;
In no event shall the total aggregate liability of the Company and the Protected Entities to the User / Customer / Seller or any third party for any cause whatsoever, and regardless of the form of the action, will exceed to and at all times be limited to an aggregate amount paid, if any, by the User / Customer / Seller or any third party.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law for the time being in force.