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DISCLAIMER OF LIABILITY AND WARRANTY: In consideration of receiving certain on-line services/training and/or live in-person instructor-led training (collectively, the “Services”) from Cardinal, you (the “Client”), and any party claiming by, through or under Client hereby disclaims and releases Cardinal of and from any and all damages, liabilities, claims, losses, expenses or injuries of any nature whatsoever arising out of or caused in whole or in part by (i) Cardinal’s acts or omissions in the performance of the Services to Client, or (ii) Client’s use, misuse, interpretation/misinterpretation of the Services provided by Cardinal to Client. If, notwithstanding the foregoing, liability of any nature is imposed on Cardinal, then Cardinal’s aggregate liability for any and all such claims, regardless of the cause of the loss or injury and regardless of the nature of the legal or equitable right claimed to have been violated, shall not exceed the fees actually paid by Client to Cardinal to which a given claim relates, as liquidated damages for such claim. Cardinal shall not be liable for any indirect, incidental, consequential or punitive damages, however arising, incurred by Client, or by any party claiming by, through or under Client. Cardinal does not make and hereby expressly disclaims all warranties, express and implied with regard to the Services provided to Client, including, without limitation, the Service’s merchantability or fitness for a particular purpose. The content contained within the Services is for informational purposes only. For purposes of this disclaimer, “on-line services/training” shall include, but not be limited to any format/files of video content, photographic content, written content, audio content, live streaming content, and all other content in all other media/formats utilized by Cardinal in its presentation/provision of any of the Services via Cardinal’s website or affiliated websites or on-line accounts (including social media accounts).
INDEMNIFICATION: Client shall protect, indemnify, defend and hold harmless Cardinal from and against any and all costs, claims, demands, damages, losses, expenses and liabilities (including reasonable attorneys’ fees and costs) arising from or in any way related to Client’s use or misuse of the Services, unless arising solely out of Cardinal’s gross negligence or willful misconduct.