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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Fantasy Showdown Inc., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF Fantasy Showdown Inc. FOR ALL CLAIMS RELATED TO THE WEBSITE EXCEED THE GREATER OF (I) THE AMOUNTS PAID BY YOU TO Fantasy Showdown Inc. IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) $100, WHICHEVER IS LESS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS VOLUNTARY AND THAT YOU ASSUME ALL RISKS ASSOCIATED WITH SUCH USE, INCLUDING BUT NOT LIMITED TO THE RISK OF INACCURACY, MISINFORMATION, MALWARE, THIRD-PARTY CONTENT, OR INTERRUPTION.
You agree to defend, indemnify, and hold harmless Fantasy Showdown Inc., its subsidiaries, affiliates, officers, directors, agents, partners, suppliers, licensors, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including attorneys’ fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of this agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.
This EULA shall be governed by the laws of the State of Delaware, USA, without regard to conflicts of law principles. If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.