Terms and Conditions of Sale
The terms and conditions listed below govern your and your company's ("You" and "Your") use of the purchased materials, including without limitation all components (text, images, etc.) of the purchased materials (“Materials”) provided by InHouseOwl, LLC ("IHO").
LICENSE: You are granted a nonexclusive, nontransferable, limited right to access and use the Materials for training purposes only. You may not resell the Materials or send Materials to any third party outside of your organization without the express written permission of IHO. This license can be terminated any any time without cause by either party.
LIMITATION OF LIABILITY: ALL MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND IHO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from any Materials available or not included therein, (b) the unavailability or interruption of any Materials, (c) Your use of the Materials, (d) the content, accuracy, or completeness of Materials, all regardless of whether you received assistance in the use of the Materials from a Covered Party, (e) any delay or failure in performance beyond the reasonable control of a Covered Party, or (f) any content retrieved from the Internet even if retrieved or linked to from within the Materials.
"Covered Party" means (a) IHO and any officer, director, employee, subcontractor, agent, successor, or assign of IHO; and (b) each third party supplier of Materials, third party alliance entities, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or third party alliance entity or any of their affiliates.
LIMITATION OF DAMAGES: TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE MATERIALS OR THIS AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE MATERIALS IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO YOUR INDEMNITY OBLIGATIONS OR YOUR INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO IHO OR ITS THIRD PARTY SUPPLIERS.
INDEMNIFICATION: You agree to indemnify, defend, and hold IHO harmless for any and all claims, damages, costs, fines and expenses that IHO may incur as a result of your unlawful or improper use of the Materials.