indemnity liability · Terms of Service
MarketMuse policy finding
“ Liability. Each Party shall only be liable for direct damages. As such, each Party shall not be liable to the other Party for any indirect, special, incidental, or punitive damages, including, but not limited to, loss of data, loss of business or any other loss arising out of or resulting from a Party’s performance under this Agreement, even if it has been advised of the possibility of such damages. EXCEPT WHERE EXCLUDED BY APPLICABLE LAW, A PARTY’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE SUBSCRIPTION FEES PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. HOWEVER, IN NO EVENT SHALL A PARTY BE ABLE TO CLAIM A LIMITATION ON ITS LIABILITY IN THE EVENT OF (I) ANY THIRD-PARTY IP INFRINGEMENT CLAIM, UNLESS SUCH CLAIM IS BASED ON A PARTY’S WRONGFUL OR ILLEGITIMATE USE OF THE SUBSCRIPTION SERVICES; OR (II) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.”
- Document
- Terms of Service
- Captured
- 2026-06-08
- Location
- Article I (Limitation of Liability)
- Snapshot SHA-256
- dd4ed0026bdd78f94a0ebd1e6f9430cda6e6d756fa15a76139b4c1f73f1f3319
Informational only, not legal advice. Terms change; verify the source and capture date.