SinglePlatform Terms of Service
Please read these Terms of Service (the “Terms of Service”) fully and carefully before using http://www.singleplatform.com or http://www.singlepage.com (collectively, the “Site”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site.
Last revised February 2015.
Table of Contents
- Acceptance of Terms and Modification
- Registration and Account
- Rules of Conduct
- Third Party Services
- Notice and Take Down Procedures; Copyright Agent
- Warranty Disclaimer
- Limitation of Liability
- UK Site Visitors
Your use of any services, features, content or applications (the “Services”) offered by us may be subject to additional terms and conditions specified by us from time to time, including those available at https://my2.singleplatform.com/tos (the “Services Agreement”). Your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference. In the event of any conflict between the Terms of Service and the Services Agreement, the Services Agreement shall control.
This Agreement applies to all users of the Site and the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
We reserve the right, in our sole discretion, to modify or replace any part of this Agreement, or change, suspend, or discontinue the Site (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check this Agreement periodically for changes. Your continued use of the Site following notification of any changes to this Agreement constitutes acceptance of those changes.
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Site or the Services. We may, in our sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to you and the right to access the Site and/or the Services is revoked where this Agreement or use of the Site and/or Services is prohibited or to the extent offering, sale or provision of the Site and/or Services conflicts with any applicable law, rule or regulation. Further, the Site and Services are offered only for your use, and not for the use or benefit of any third party.
3. Registration and Account
To get the most benefit from the Site, you may be asked to register for an account on the Site. You must provide accurate and complete information and keep your account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible and liable for the activity that occurs on your account, and for keeping your account password secure. You may never use another person’s user account or registration information for the Site without permission. We will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account-identifying information, as determined by us in our sole discretion, by email or phone. We have no knowledge of your organizational structure, if you are registering for an account as an organization, or your personal relationships, if you are a person. You must notify us immediately of any breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account. You shall have the ability to delete your account, either directly or through a request made to one of our employees or affiliates.
- User Content. All content, including, without limitation, videos, audio clips, written posts and comments, information, data, text, photographs, images, software, scripts, graphics, names, trademarks, logos and interactive features generated, provided, or otherwise made accessible on or through the Site (collectively, the “Content”) added, created, uploaded, submitted, distributed, or posted to the Site by users (such Content, the “User Content”) is the sole responsibility of the person who originated such User Content. You acknowledge that all Content, including User Content, accessed by you using the Site is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
- Notices and Restrictions. The Site may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Site.
- Use License. Subject to this Agreement, we grant each user of the Site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for personal, non-commercial purposes. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from us or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
- License Grant. By submitting User Content through the Site or the Services, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, perpetual and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You represent and warrant that (1) you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights, and (2) all User Content you provide is accurate and complete.
- Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. Further, we have no obligation to monitor the Site or the Services. However, we reserve the right to remove, block, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all.
5. Rules of Conduct
As a condition of use, you promise not to use the Site for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Site.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Site, including without limitation any User Content, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our Notice and Take Down Procedures);
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone’s identification documents or sensitive financial information.
You shall not: (i) access or use the Site in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the Site that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction, access to, or distribution of the Site); (ii) use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site for any unauthorized purpose; (iii) use the Site in a way that, to be determined in our sole discretion, damages, disables, overburdens, impairs, or gains unauthorized access to the Site, including our servers, computer networks, or user accounts; (iv) use the Site in a way that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Site; (v) copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site for public or commercial purposes without our express written permission; (vi) interfere with or disrupt the Site or any of our related websites or servers or networks connected to the Site; (vii) restrict or inhibit any other user from enjoying and using the Site; (viii) use the Site in violation of applicable law or third party rights (including third party terms of service); or (ix) otherwise take any action in violation of our guidelines and policies.
You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information you provide to us through the Site or the Services as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
6. Third Party Services
The Site may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site or other websites belonging to us. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
We may, in our sole discretion, terminate or disable your access to or use of the Site at any time, with or without cause and with or without notice. We shall have no liability to you or any third party because of such termination or action. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and choice of law.
8. Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright or other intellectual property, you may request removal of those materials (or access thereto) from the Site by contacting our copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (for example, the URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Any information required to be included in a copyright infringement report under the United Kingdom Digital Economy Act 2010 (as we shall notify to you from time to time and request from you as necessary).
- Your name, address, telephone number and (if available) email address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to the foregoing is as follows:
Constant Contact, Inc.
1601 Trapelo Road
Waltham, MA 02451
Phone: (781) 472-8100
Fax: (781) 472-8101
For all email submissions please include the subject line: DMCA Takedown Request.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users or account holders who are repeat infringers.
9. Warranty Disclaimer
THE SITE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, LICENSORS, DISTRIBUTORS, CONTENT PROVIDERS AND OTHER AFFILIATES DO NOT WARRANT THAT: (I) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE INFORMATION PRESENTED THROUGH THE SITE IS CORRECT, ACCURATE, RELIABLE OR CURRENT; OR (V) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR USE OF, COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD-PARTY SERVICES.
NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN TWELVE (12) MONTHS AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SITE SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SITE.
TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO (a) ANY CONTENT POSTED ON THE SITE (INCLUDING YOUR RELIANCE ON THE SAME), (b) THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS AND (c) ANY PROBLEMS THAT MAY ARISE FROM ANY REMOTE ACCESS TO YOUR COMPUTERS OR OTHER SYSTEMS YOU PROVIDE TO OUR PERSONNEL OR AGENTS FOR THE PURPOSE OF TROUBLESHOOTING ISSUES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (IF YOU ARE A CALIFORNIA RESIDENT), AND ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION (IF YOU ARE A RESIDENT OF SUCH JURISDICTION).
You hereby agree to defend, indemnify, and hold harmless us and our service providers, business partners, third-party suppliers and providers, account providers, licensors, officers, directors, employees, distributors, agents and other affiliates from and against any damages, losses, liabilities, penalties, settlements and expenses, including costs and reasonable attorneys’ fees, that arise from or relate to (a) your use or misuse of, or access to, the Site or the Content, or (b) your violation of this Agreement. You agree to provide us with prompt written notice in the event of any such claims or actions. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
In addition, you acknowledge and agree that we have the right to seek damages when you use the Site for unlawful purposes, in an unlawful manner, or in a manner inconsistent with or in breach of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Site, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.
If we take any action to enforce this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney fees and any cost of litigation, in addition to any other relief, at law or in equity, to which we may be entitled. You acknowledge that a violation or attempted violation of any provision of this Agreement will cause such damage to us as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that we shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of this Agreement by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by us in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
12. Limitation of Liability
EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO OUR NEGLIGENCE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL WE OR ANY OF OUR UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS, AGENTS OR OTHER AFFILIATES (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “SINGLEPLATFORM”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SINGLEPLATFORM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF SINGLEPLATFORM TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
You agree that SinglePlatform has entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.
- Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, USA and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the Commonwealth of Massachusetts, in each case, without regard to its choice or law or conflict of laws provisions. All legal actions in connection with this Agreement shall be brought in the state or federal courts located in Boston, Massachusetts.
- Entire Agreement and Severability. We and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
- Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- Assignment. You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity in our sole discretion.
- Agency. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever.
- Notices. You agree that we may provide notice to you by emailing such notice to the email address you list during your registration or by mailing it to the street address you designate during your registration. Such notice shall be considered to be received by you within 24 hours of the time it is emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three (3) business days after such notice has been sent. Any notice to us must be sent by postal mail to: Constant Contact, Inc., Attention: General Counsel, 1601 Trapelo Road, Waltham, Massachusetts 02451.
- Third Party Beneficiaries. Nothing in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever.
- No Waiver. Our failure to enforce any part of this Agreement shall not constitute a waiver of our right to later enforce that or any other part of this Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
- Headings. The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.
14. UK Site Visitors
If you are accessing the Site from the UK, the sections titled “Warranty Disclaimer,” “Indemnification” and “Limitation of Liability” of these Terms of Service will not apply to you as set out above, but will be replaced in their entirety with the following wording:
THE SITE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, LICENSORS, DISTRIBUTORS, CONTENT PROVIDERS AND OTHER AFFILIATES DO NOT WARRANT THAT: (I) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE INFORMATION PRESENTED THROUGH THE SITE IS CORRECT, ACCURATE, RELIABLE OR CURRENT; OR (V) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.
WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR USE OF, COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD-PARTY SERVICES.
TO THE EXTENT THE APPLICABLE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO (a) ANY CONTENT POSTED ON THE SITE (INCLUDING YOUR RELIANCE ON THE SAME), (b) THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS AND (c) ANY PROBLEMS THAT MAY ARISE FROM ANY REMOTE ACCESS TO YOUR COMPUTERS OR OTHER SYSTEMS YOU PROVIDE TO OUR PERSONNEL OR AGENTS FOR THE PURPOSE OF TROUBLESHOOTING ISSUES.
LIMITATION OF LIABILITY
Except with respect to fraudulent misrepresentation, death or personal injury due to OUR NEGLIGENCE, or liability that may not otherwise be limited or excluded by law, to the maximum extent permitted by applicable law, under no circumstances and under no legal theory, tort (including negligence), contract, breach of statutory duty or otherwise, shall we or any of our underlying SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS, AGENTS OR OTHER AFFILIATES (collectively referred to for purposes of this section as “SINGLEPLATFORM”) be liable to you or any other person for any loss of profits, revenue, business, goodwill or anticipated savings, or for any indirect or consequential losses, even if foreseeable or if SINGLEPLATFORM shall have been informed of the possibility of such damages, or for any claim by any other party, other than where caused by SINGLEPLATORM’s material breach of this agreement, and regardless of the form of action (whether in contract, tort (including negligence), breach of statutory duty, product liability or otherwise), THE MAXIMUM AGGREGATE LIABILITY OF SINGLEPLATFORM TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00).
You agree that SinglePlatform has entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.”