Limitation of liability
NOTHING IN THESE TERMS LIMITS OR EXCLUDES EITHER ZED’S OR YOUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR OR YOUR EMPLOYEE’S OR YOUR NEGLIGENCE, OR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE) SHALL ZED, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, CONCTRACTORS, AGENTS, EMPLOYEES, LICENSORS AND ASSIGNS, OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF, OR BY YOUR USE OF, OR ACCESS RESULTING FROM LOSS OF USE, DATA OR PROFITS; COMPUTER FAILURE OR MALFUNCTION; OR ANY AND ALL OTHER DAMAGES OR LOSSES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing shall be enforceable to the maximum extent permitted by applicable law.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH ZED’s SITE OR THE SERVICES ISTO TERMINATE. YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE AND CEASE USE REMEDY, WITH RESPECT TO ANY SERVICES PROVIDED BY ZED, IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES.
SUBJECT TO PARAGRAPH "b" ABOVE, ZED’S MAXIMUM LIABILITY FOR LOSSES DIRECTLY RESULTING FROM A BREACH OF THESE TERMS OR OUR NEGLIGENCE WILL BE LIMITED IN RESPECT OF ANY ONE EVENT OR A SERIES OF CONNECTED EVENTS TO BE NO MORE THAN THE FEES PAID BY YOU TO US UNDER THESE TERMS OR $100, WHICHEVER IS GREATER. YOU WILL NOT USE THE SERVICE IN ANY CASE WHERE DAMAGE OR INJURY TO PERSON, PROPERTY OR BUSINESS MAY OCCUR IF ANY ERROR OCCURS AND YOU EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you
Indemnification
You agree to release, indemnify, defend and hold harmless ZED, its parent company, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, employees, licensors and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations, warranties, and covenants set forth herein.