You agree to indemnify and hold harmless Skydeck, its officers, directors, employees, and agents, from and against any third party claims, demands, disputes, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your Connections, or access to or use of the Site, Skydeck Content, Services, or Your Data or your provision of Cell Phone Data or your violation of these Terms of Service or the rights of another party.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYDECK WILL NOT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED,RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, SKYDECK CONTENT, SERVICES, YOUR DATA, OR SKYDECK REPORTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SKYDECK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT SKYDECK IS NOT LIABLE FOR: (1) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU; (2) ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES; (3) ANY HARM RESULTING FROM USE OF YOUR CELL PHONE DATA, OR CONNECTIONS AS SET FORTH IN THIS AGREEMENT; OR (4) ANY EFFECTS THAT YOUR USE OF THE SITE, SKYDECK CONTENT, SERVICES, SKYDECK REPORTS, OR CONNECTIONS HAVE ON YOUR COMMERCIAL AND NON-COMMERCIAL RELATIONSHIPS WITH THIRD PARTIES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF SKYDECK TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, SKYDECK CONTENT, SERVICES, OR SKYDECK REPORTS IS LIMITED TO THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS THAT YOU HAVE PAID TO SKYDECK DURING THE THREE MONTH PERIOD PRIOR TO SUCH CLAIMS, FOR ACCESS TO AND USE OF THE SITE, SKYDECK CONTENT, SERVICES, YOUR DATA, OR SKYDECK REPORTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SKYDECK AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.