Prices and Payment
Limitations of Liabilities
Evilsizor shall not be liable for any loss or damage that the customer suffers, or claims to have suffered, (including without limitation any loss or damage to Customer data or the protected data). The parties agree that Evilsizor assumes no liability whatsoever for the Customer data or the protected data that is modified or deleted by the Customer.
In no event shall either party be liable to the other for any third party claim for any consequential, indirect, special, punitive and/or incidental damages, including but not limited to, damages for loss of profits, loss of data, business interruption, or other commercial damages or losses, arising out of or in connection with this agreement, even if such party has been advised of the possibility of such potential losses or damages.
Distribution of Service. The Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Services could lead to severe injury to business, persons or property. Evilsizor shall not be liable for any inconvenience, loss, liability or damage resulting from any interruption of Services.
“Confidential Information” means any proprietary, confidential and/or trade secret information of the Party disclosing such information relating to, among other things, the Offering, technology, specifications, manufacturing methods, know-how, business or marketing plans, business relationships, and the terms of this Agreement. Confidential Information shall not include information that: (i) was in the public domain when disclosed; (ii) becomes public domain after disclosure, other than as a result of the violation of this Agreement; (iii) was in the receiving Party’s possession when disclosed and was not acquired directly or indirectly from the disclosing Party; (iv) is shown by written evidence to have been developed by the receiving Party independently after disclosure without benefit of the Confidential Information; or (v) was received after disclosure from a third party who did not require it to be held in confidence and who did not acquire it directly or indirectly from the disclosing Party. Confidential Information shall be used only in the manner contemplated by this Agreement and shall not be intentionally disclosed to third parties without the disclosing Party’s written consent. The receiving Party will use at least the same degree of care to safeguard Confidential Information that it uses to protect its own confidential and proprietary information, but in no event less than reasonable care under the circumstances.