10.1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL SHOPIFY, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION, LOSS OF INCOME, BUSINESS, PROFITS, GOODWILL, USE, DATA, SAVINGS OR OTHER PECUNIARY OR INTANGIBLE LOSSES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ANY OF THE DISCLAIMING ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER ALL CIRCUMSTANCES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE DISCLAIMING ENTITIES, INCLUDING SHOPIFY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ADVISORS, ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF OR WITH REGARD TO SHOPIFY CONSUMER SERVICES, WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST 12 MONTHS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH IN THIS SECTION ARE INTEGRAL TO THE SHOPIFY CONSUMER SERVICES AND AMOUNTS CHARGED BY THE DISCLAIMING ENTITIES FOR SERVICES AND THAT IF DISCLAIMING ENTITIES WERE TO ASSUME FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN, THE FEES WOULD OF NECESSITY BE SUBSTANTIALLY INCREASED.
10.2. Indemnification: You agree to indemnify, defend, and hold harmless Shopify and the disclaiming entities from all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys' fees, of any kind or nature arising out of or related to a claim (a) alleging that your use of Shopify Consumer Services infringes or violates the rights of a third party (including any merchant) or violates applicable law; or (b) arising out of your breach of these Terms or the documents they incorporate by reference.
10.3. Use at Own Risk: Your use of the Shopify Consumer Services is at your sole risk. Shopify Consumer Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
10.4. No Representation Regarding Merchant Products or Services: To the fullest extent permitted by law, Shopify and the disclaiming entities make no representation or warranty of any kind whatsoever for the Shopify Consumer Services, the content, materials, information, and/or functions available through Shopify Consumer Services, or for any breach of security associated with the transmission of information (including sensitive information) through Shopify Consumer Services.
10.5. Errors & Inaccuracies: Any reliance on the material or information made available through Shopify Consumer Services is at your own risk. We do not warrant that the Shopify Consumer Services will be uninterrupted, timely, secure or error-free, or that any errors will be corrected. We do not warrant that the result obtained from use of the Shopify Consumer Services will be accurate or reliable.