Does a liability cap apply separately to confidentiality, intellectual property and product defects?
Last reviewed: .
Does a liability cap apply separately to confidentiality, intellectual property and product defects?
The Terms of Use set one combined cap for claims about the Site and its content, and that cap does not replace the liability terms of a signed agreement.
They state that the combined total monetary liability of all C-POLAR Parties for all claims arising out of or relating to the Site or Site Content will not exceed 100 U.S. dollars, regardless of the number of events, claims, or legal theories, and that no C-POLAR Party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages. They state that these limits do not apply to fraud, willful misconduct or willful injury, gross negligence, death or personal injury caused by negligence, a violation of law or statutory right that cannot be limited, or another liability that applicable law does not allow the parties to limit. They also state that these limits do not replace the liability terms in a Separate Agreement or an express written C-POLAR warranty, so how confidentiality, intellectual property and product defects are treated between two businesses is set in that agreement.
Source: C-POLAR — Terms of Use, section 14, https://cpolar.tech/terms/.
Reviewed on .