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Limitations of Liability; [Waiver]
Last Modified March 9, 2022

In no event shall the holooly parties be liable for any indirect, economic, special, incidental or consequential losses or damages related to: (a) the services; (b) the holooly content; (c) user content; (d) your use of, inability to use, or the performance of the site; (e) action taken in connection with an investigation by the holooly parties or law enforcement authorities regarding your use of the site; (f) action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the services' technical operation; or (h) any damage that results from events beyond our reasonable control, such as damages to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the holooly parties have been advised of or should have known of the possibility of such damages.

In no event will the holooly parties total liability to you for all damages, losses, or causes of action exceed the amounts paid by you, if any, to holooly up to $100.

The prior limitation on damages is not intended to limit the holooly parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the holooly parties’ liability for personal injury or property damage caused by the holooly parties, or for the holooly parties’ gross negligence, fraud or intentional, willful, malicious or reckless misconduct.

This section shall survive any expiration or termination of your relationship with holooly.

You agree that in the event you incur any damages, losses, or injuries that arise out of the holooly parties' acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, service, or other holooly content owned or controlled by the holooly parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other holooly content owned or controlled by the holooly parties.

By accessing the services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive.

 

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