Terms

LIMITATIONS OF TIGERAIR INC. LIABILITY

A. Limitations of liability: Notwithstanding anything contained herein, or the forum in which any legal or equitable action may be brought by customer against Tigerair Inc. (herein referred to as “Provider”), Customer agrees that Providers liability, if any, to the customer for any loss, damage, claim, liability or expense, of any kind caused directly or indirectly by the performance or nonperformance of obligations pursuant to this agreement, or by negligence, active or passive, of Provider shall be exclusively limited to general money damages in an amount not to exceed the price paid by the customer hereunder for the most recent twelve months of service. In no event shall Provider be liable for special, indirect, incidental, consequential, exemplary or punitive damages or lost profits or damages from loss of use or data (despite the fact that the possibility of such damages are or may be known of Provider), whether arising out of breach of agreement, tort or any other cause of action relating to the performance or nonperformance of this agreement.

B. Indemnification: except for willful misconduct on the part of Provider, the customer agrees to indemnify, hold harmless, and defend Provider from and against any and all losses, claims, demands, expenses (including attorney fees) or liabilities of whatever nature or kind asserted by, suffered or incurred by third parties arising out of the use by the customer of the service.

C. Provider makes no warranty with respect to the services and, accordingly, the service hereunder is provided “AS IS”. Provider makes no expressed or implied representation or warranties of any kind, including but not limited to, warranties of UNKNOWN WORD for a particular purpose or intended use or of merchant ability (which are disclaimed). Provider assumes no responsibility with respect to the use by the customer or its employees or clients of the service.