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VirtualAdministrator Partner Terms and Conditions:

 

1.     Suitability. Customer hereby understands that it is responsible for satisfying itself as to the suitability of VA Partner Program for the purposes for which Services are purchased or sold.

 

2.       Limitation of Liability; No Consequential Damages. NEITHER NETWORK DEPOT, LLC (ND, LLC) NOR ITS SUPPLIERS SHALL BE LIABLE TO PARTNER OR ANY THIRD PARTY FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, TORT OR COVER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, DELAY OF DELIVERY AND IMPLEMENTATION OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. ND LLC’S LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE ACTUAL AMOUNTS ALREADY PAID BY CUSTOMER TO ND, LLC FOR THE SERVICES GIVING RISE TO SUCH DAMAGES IN THE PRIOR THREE MONTH PERIOD. Notwithstanding the foregoing, ND, LLC shall have no liability to Customer whatsoever as a result of (i) the discontinuance, unavailability or failure of any Services, (ii) any adjustments by ND, LLC to the terms and conditions of any Services, (iii) the failure by ND LLC to accept any prospective Customer or any order for Services or (iv) the failure by ND LLC to provide or to continue to provide any Services to Customer due to termination or assignment of such Customer’s agreement with ND, LLC.

 

3.       Force Majeure Events. Neither Party shall be liable for any failure to perform any of its obligations hereunder (other than payment of money) which results from acts of God, the elements, fire, flood, component shortages, force majeure, riot, insurrection, industrial dispute, accident, war, acts of terrorism, embargoes, legal restrictions, utility or communications failures or interruptions, failures of third party vendors, Internet slow-downs or failures, computer hackers or any other cause beyond the control of the Party.