Your Terms and Conditions section is like a contract between you and your customers. You make information and services available to your customers, and your customers must follow your rules.
DAMAGES AND LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY DD CHARITY ORGANIZATION PARTIES OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SITE AND ITS PAGES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, RESULTING FROM THE USE OF THIS SITE OR ANY LINKED SITE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DD CHARITY ORGANIZATION , LOSS OF BUSINESS, ECONOMIC LOSS, DATA LOSS OR LOST PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, NEGLIGENCE, OR OTHER ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF DD CHARITY ORGANIZATION SITE AND ITS CONTENT, EVEN IF DD CHARITY ORGANIZATION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
IN NO EVENT SHALL DD CHARITY ORGANIZATION’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, UNDER ANY THEORY OF LAW, WHETHER CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED 5 DOLLARS ($5). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE), AND WHETHER OR NOT DD CHARITY ORGANIZATION HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY LOSS OR DAMAGES THAT ARISE OUT OF DD CHARITY ORGANIZATION ’S ACTS, ERRORS OR OMISSIONS, THE LOSS OR DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF.
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. CALIFORNIA CIVIL CODE §1542 STATES: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
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