You understand and agree that you use the Yodify website at your own risk. The material on this site is provided to you on an “as is”, “where is” basis, with all faults, and each party disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, noninfringement, fitness for a particular purpose, and any warranties or conditions arising out of these terms and conditions, course of dealing or usage of trade. Yodify does not warrant that the material or services provided hereunder will meet any of your requirements or that use of such materials or other products or services will be error-free, uninterrupted, virus-free or secure. This disclaimer may not be valid in some jurisdictions and you may have warranty rights under law which may not be waived or disclaimed.
In no event will any party be liable to the opposite party for any indirect, special, incidental, indirect, punitive, exemplary, or consequential damages of any character, including damages for loss of goodwill, loss of profits, business interruption, data loss, work stoppage, or computer failure or malfunction.
The above limitation shall not be applicable for any fees, including services fees, payable by sellers to Yodify under the selling on Yodify notice; or breach by you of any conditions of these terms and conditions or the marketplace platform agreement.
In any case, Yodify’s aggregate liability for any and all claims under these terms and conditions shall not exceed $10.00 USD. The foregoing limitations, exclusions and disclaimers shall apply regardless of whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, or pursuant to any legal doctrine, and whether or not the party has been advised of the possibility of such loss or damage, insofar as applicable law prohibits any limitation on liability herin, the parties agree that such limitation will be automatically modified, but only to the extent so as to make the limitation compliant with applicable law. The parties agree that the limitations on liabilities set forth herein are agreed allocations of risk and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy.