Marketplace Listings

1. The Marketplace (i) allows you to view and list non-fungible tokens (NFTs) representing digital real estate within certain virtual worlds (each, a “Listing”), and (ii) facilitates the sale, purchase, and transfer of such Listings, subject to these Terms. The existence, ownership, and title of such digital real estate is recorded on certain decentralized, distributed, append-only, transactional ledgers (each, a “Blockchain”) with which you chose to participate.
2. If you are a seller on the Marketplace, you represent, warrant, and covenant, as applicable, that you have, or have obtained, all rights, licenses, consents, permissions, power, and authority to sell or offer for sale any Listing posted, submitted, or displayed by you on the Platform. You further represent, warrant, and covenant, as applicable, that neither your Listings nor the posting or display of your Listings on the Marketplace will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
3. If you are a buyer on the Marketplace, you bear full responsibility for verifying the identity, legitimacy, and authenticity of any Listing you purchase. You acknowledge and agree that we have no obligation or responsibility to perform any such verification or validation and we expressly disclaim any liability arising therefrom.
4. You hereby grant us a non-exclusive, worldwide, fully paid up, transferable license to use, copy, distribute, publicly display, and publicly perform your Listings in connection with your use of the Marketplace.

Your Marketplace Account

1. To access and use the Marketplace, you must create an account (your “Marketplace Account”). You can create a Marketplace Account by linking your thirdparty Blockchain wallet. We provide integration with several Blockchain wallets to allow you to easily create your Marketplace Account. The Blockchain address associated with your Blockchain wallet functions as your identity on the Marketplace. After successfully linking your Blockchain wallet, your Marketplace Account will display the Listings associated with your wallet.
2. If you are a seller on the Marketplace, you represent, warrant, and covenant, as applicable, that you have, or have obtained, all rights, licenses, consents, permissions, power, and authority to sell or offer for sale any Listing posted, submitted, or displayed by you on the Platform. You further represent, warrant, and covenant, as applicable, that neither your Listings nor the posting or display of your Listings on the Marketplace will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
3. By using your wallet in connection with the Marketplace, you agree that you are using such wallet under the terms and conditions of the applicable wallet provider. We do not provide, maintain, or operate any Blockchain wallet or the NFTs (including Listings) stored or linked to such wallet. We do not have custody or control over any NFTs or Blockchains with which you are interacting. The Marketplace functions solely as a listing agent and we do not affect or execute purchases, transfers, or sales of NFTs.
4. You agree to promptly notify us if you discover or otherwise suspect any security or other issues related to your Marketplace Account, including, without limitation, the Blockchain wallet associated therewith.

Your Creatorverse Account; User Content

1. The Creatorverse connects users of virtual worlds with architects, designers, and developers to build landscapes, skylines, interiors, and other structures, all in digital space. The Creatorverse allows you to showcase your portfolio of creations in digital space (as a “Creator”) and connect with Creators to customize your digital real estate (as a “Seeker”). To access and use the Creatorverse, you must create an account (your “Creatorverse Account”) by linking your thirdparty Blockchain wallet. The Blockchain address associated with your Blockchain wallet functions as your identity on the Creatorverse.
2. If you are a seller on the Marketplace, you represent, warrant, and covenant, as applicable, that you have, or have obtained, all rights, licenses, consents, permissions, power, and authority to sell or offer for sale any Listing posted, submitted, or displayed by you on the Platform. You further represent, warrant, and covenant, as applicable, that neither your Listings nor the posting or display of your Listings on the Marketplace will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
3. The Creatorverse may allow you to post, submit, or display certain information (i.e., your portfolio of creations, if you are a Creator, or the vision you have for your digital real estate, if you are a Seeker) (collectively, “User Content”).
4. You hereby grant us a non-exclusive, transferable, worldwide, fully paid up, fully sub-licensable license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform any User Content you make available through the Services (including the Creatorverse).
5. You are solely responsible for all your User Content. You represent, warrant, and covenant, as applicable, that you have, or have obtained, all rights, licenses, consents, permissions, power, and authority to grant us the license set out in Section 3.3, above. You further represent, warrant, and covenant, as applicable, that your User Content, your use and provision of your User Content through the Services, or any use of your User Content by us, on or through the Services, will not infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
6. Notwithstanding the foregoing, you acknowledge that we may exercise full editorial control over any User Content posted, submitted, or otherwise shared through our Services. We may remove any User Content, in our sole discretion, that (a) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (b) is defamatory, obscene, pornographic, vulgar, or otherwise offensive; (c) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (d) is violent or threatening or promotes violence or actions that are threatening to any individual or group; (e) promotes illegal or harmful activities or substances; or (e) violates or, in our sole discretion, is reasonably likely to violate the representation given by you in Section 3.4 or may otherwise violate the intellectual property or proprietary rights of any third parties.

1. You will comply with all applicable laws, including, without limitation, federal, state, and local laws and regulations; you further agree to comply with all applicable international laws and regulations when using the Services outside the United States;
2. You are not located in, ordinarily a resident of, or organized under the laws of any jurisdiction that is subject to comprehensive United States government embargo (“Embargoed Jurisdiction”);
3. You are not subject to any sanctions administered by any agency of the United States government, any other government, or the United Nations (“Sanctions”);
4. You are not owned or controlled, directly or indirectly, by any person that is subject to sanctions, or that is located in, ordinary a resident of, or organized under the laws of any Embargoed Jurisdiction; and
5. None of your officers, managers, directors, shareholders, or authorized representatives are (a) subject to Sanctions or are located in, ordinarily residents of, or organized under the laws of any Embargoed Jurisdiction or (b) owned or controlled, directly or indirectly, by any person or entity that is subject to Sanctions or that is located in, ordinarily a resident of, or organized under the laws of any Embargoed Jurisdiction.

1. Use, display, mirror, or frame the Services, or any individual Service or any element or component contained therein, our name, trademark, logo, brand, or other proprietary information, or the layout and design of the Site or any content or material displayed therein;
2. Access, tamper with, or use non-public areas of the Services, our computer systems or networks, or the computer systems or networks of our providers;
3. Attempt to probe, scan, or test the vulnerability of our systems or networks or breach any security or authentication measures;
4. Avoid, bypass, remove, deactivate, impair, decrypt, descramble, or otherwise circumvent any technological measures implemented by us or any of our providers or any third party (including any other user);
5. Attempt to search, scrape, datamine, or otherwise access the Services through automated means or mechanisms, including, without limitation, spiders, crawlers, robots, scrapers, or other data mining tools;
6. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms (including, without limitation, in any time-sharing or service bureau application);
7. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
8. Interfere with, or attempt to interfere with, any user's, host's, or network's access to the Services, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
9. Disguise, spoof, or interfere in any way with the IP address of the device you are using to access or use the Services or that otherwise prevents us from correctly identifying the IP address of the device you are using to access the Services; or
10. Encourage or enable any other user, individual, or entity to do any of the foregoing.

Third Party Links

1. The Services may contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application you are subject to the third-party terms (including privacy policies) governing such Website or Application. Such third-party terms shall apply even if there is no visual, auditory, or other perceptible notice, warning, or cue that you have left the Services or are accessing functionality not provided by us (i.e., even if the design and “look and feel” of the Services is not altered or even if the Services remain in primary focus). Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under our control and may be “open” applications for which no recourse is possible. We are not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. We provide links to these Third-Party Websites and Third-Party Applications only as a convenience and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
2. You acknowledge that the Marketplace functions solely as a listing agent and any sale, purchase, or transfer of any Listing is performed by third parties through certain Third-Party Applications. By placing any order for the sale, purchase, or transfer of any Listing you hereby agree to be bound by and comply with the terms of Reservoir, our NFT orderbook.

Disclaimers

1. We are not a wallet provider, exchange, broker, financial services provider, money services business, creditor, or lender.
2. We accept no responsibility for, or liability to you, in connection with your use of your Blockchain wallet. We make no representations or warranties regarding how the Services will operate with any specific wallet. You are solely responsible for securing your Blockchain wallet and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider.
3. Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided on an “as is,” “where is,” and “with all faults” basis and we expressly disclaim warranties or conditions of any kind, whether express or implied. We make no warranty or representation and disclaim all responsibility for whether the Services: (a) will meet your requirements or expectations; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. We disclaim all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. We do not represent or warrant that the Services, any Listings, or your interaction with any third-party providers, including, without limitation, any Blockchain wallets, are free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the exclusionS CONTAINED IN THIS SECTION 6.3 may not apply to you.
4. The information provided through Learn is SOLELY FOR educational PURPOSES and is not intended to be legal, tax, investment, OR ANY OTHER TYPE OF PROFESSIONAL advice. Any action taken or not taken, including, without limitation, the sale, purchase, or transfer of any Listing, OR ANY INTERACTIONS BETWEEN A CREATOR AND SEEKER, in reliance on any information contained therein is at your sole risk. No advice or information, whether oral or WRITTEN, obtained from us or through the Services, will create any warranty or representation not expressly made under these Terms.
5. Any third party with whom you may connect through the Services (including, without limitation, Creators, Seekers, or buyers, sellers, or transferors of Listings) shall be at your own risk. We do not, and have no obligation to, verify or validate the credentials or identity of any user of the Services. For example, we have no obligation to verify that any Creator actually designed or produced the User Content associated with that Creator's Creatorverse Account. We make no representation or warranty regarding the quality or workmanship of any Creator's User Content or that any User Content displayed on the Creatorverse can be reproduced by the associated Creator.
6. The Listings (and record of title and ownership arising therefrom) exist solely as entries maintained in the associated Blockchain. We do not control any Blockchains, execute or perform transactions that must be appended to or validated on such Blockchains, or control the smart contracts or protocols that may be integral to your ability to complete transactions on the Blockchains (including, without limitation, the sale, purchase, or transfer of your Listings). As such, we have no control over the sale, purchase, or transfer of any Listing and we cannot reverse, correct, control, modify, or otherwise effect, any Listing transaction even if made erroneously or unintentionally. Any reference to “sale,” “purchase,” “transfer,” “transaction,” or analogous phrases used in these Terms will not be construed or interpreted to mean that we execute, verify, or complete Blockchain transactions.

Purchase Terms; Release of Claims

1. The sale, purchase, or transfer of any Listing may be subject to certain additional terms applicable to the virtual world in which such Listing resides (“Purchase Terms”). You acknowledge that we are not a party to any Purchase Terms, and that such Purchase Term are solely between the buyer and seller of each Listing. The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing any applicable Purchase Terms. You are solely responsible for reviewing any Purchase Terms that may apply to any Listing in which you transact.
2. We do not govern, resolve, or otherwise become involved in any disputes between you and any third-party (including other users). You acknowledge that the arbitration and informal dispute resolution procedures set out in Section 9 apply only to disputes between you and us. Any dispute between you and any third-party (including other users), whether arising from the Marketplace (through any Purchase Terms), through the Creatorverse, or otherwise, must be resolved directly between you and such third party.You hereby release us from and agree to indemnify and hold us harmless for any claims, demands, and damages of any kind and any nature, known or unknown, arising out of or in any way related to such disputes. By entering into this release, you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Assumption of Risk

1. While we may allow you to view appraisals or valuations associated with Listings, you understand that the value of each Listing is subjective. Any purchase or sale by you made in reliance on any such third-party appraisal or valuation is done entirely at your own risk and we expressly disclaim any liability for the accuracy, truthfulness, completeness, or quality of any such third-party appraisals or valuations. Prices of Listings are subject to volatility and fluctuations in the price of cryptocurrency can materially and adversely affect the price of Listings. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
2. A lack of use or public interest in the creation, development, and support of distributed ecosystems (including, without limitation, the virtual worlds in which your Listing resides or the Blockchain in which ownership of your Listing is recorded) could negatively impact the development of those ecosystems and related applications and could, therefore, negatively impact the potential utility of your Listings.
3. The regulatory regime governing Blockchains, NFTs, cryptocurrency, and other crypto-based items is uncertain. New regulations or policies may materially adversely affect the development of the Services and the utility of your Listings.
4. You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. We are not responsible for determining, withholding, collecting, reporting, or remitting taxes that may apply to your Listings or the sale, purchase, or transfer thereof.
5. There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any Listings.
6. There are risks associated with using Internet and Blockchainbased products, including, without limitation, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party Blockchain wallet or Marketplace Account. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Marketplace or any Blockchain network, however caused.
7. The Services rely on third-party platforms and/or vendors, including, without limitation, Reservoir, which is responsible for executing the Blockchain transaction underlying each Listing transfer. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Services may suffer.

Arbitration

1. Please read the following arbitration agreement in this Section 9 (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
2. You agree that any dispute, controversy, or claim relating in any way to your access or use of the Services or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim except that (1) you or we may assert claims in small claims court, but only if the claims qualify, the claims remain only in such court, and the claims remain on an individual, non-representative, and non-class basis; and (2) you or we may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuse of intellectual property rights.
3. You and we both agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending a letter describing the nature of your claim and desired resolution to: Parcel Technologies, Inc.; 228 Park Ave S, PMB 95189; New York, New York 10003-1502 or by email at [email protected]. You and we agree to meet and confer personally, by telephone, or by videoconference (hereinafter “Conference”) to discuss the dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. If you are represented by counsel, your counsel may participate in the Conference as well, but you agree to fully participate in the Conference. Likewise, if we are represented by counsel, our counsel may participate in the Conference as well, but we agree to have a company representative fully participate in the Conference. The statute of limitations and any filing fee deadlines shall be tolled while you and we engage in the informal dispute resolution process and Conference required by this Section 9.3. If you and we do not reach agreement to resolve the dispute within thirty (30) days after initiation of this dispute resolution process, either you or we may commence arbitration or, provided such claims qualify, file an action in small claims court or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement.
4. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding after participating in the dispute resolution process, you must send a letter requesting arbitration and describing your claim to our registered agent at [email protected]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and the JAMS Consumer Minimum Standards then in effect; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards then in effect. JAMS's rules are available at jamsadr.com or by calling JAMS at 800-352- 5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, we will pay them for you if you complied with the dispute resolution process set forth above. In addition, we will reimburse all such JAMS filing, administrative, hearing, and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous or you did not comply with the dispute resolution process set forth above, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses. You may choose to have the arbitration conducted by telephone or videoconference, based on written submissions, in person in your hometown area (if you live in the United States), or at another mutually agreed upon location that is reasonably convenient to you. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
5. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
6. YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 9.2. An arbitrator can award, on an individual basis, the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
7. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE (INCLUDING, WITHOUT LIMITATION, PAGA) OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party's claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and we agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection's limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in New York County in the State of New York. All other claims shall be arbitrated.
8. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
9. This Arbitration Agreement will survive the termination of your relationship with us.
10. Notwithstanding any provision in these Terms to the contrary, if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to us at the following address:
    Parcel Technologies, Inc.
    228 Park Avenue South, PMB 95189
    New York, New York 10003-1502

Limitation of Liability

1. Please read the following arbitration agreement in this Section 9 (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
2. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES under any legal theory, including, without limitation, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH your use or inability to use the services, statements or conduct by any third party (including, without limitation, any buyer or seller of any listing or any creator or seeker), and any listing purchased, sold, or otherwise transferred through the marketplace, or any other matter related to the services. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK.
3. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICES, and any content or material available therein, including, without limitation, any Listing posted thereto or information associated therewith AND ANY USER CONTENT, EXCEED THE GREATER OF (A) one hundred dollars ($100) OR (B) THE AMOUNT RECEIVED BY US DIRECTLY RELATING TO THE LISTING OR USER CONTENT THAT IS THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
4. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.