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You agree to defend, indemnify and hold harmless LendTrade, and its members,
directors, officers, shareholders, affiliates, subsidiaries, employees and agents (each, a
“LendTrade Indemnified Party”), against any and all liabilities, obligations, losses, damages,
penalties, actions, judgments, suits, costs, expenses, or disbursements (including reasonable
attorneys’ fees) of any kind or nature that may be imposed upon, incurred by, or asserted against
any LendTrade Indemnified Party in any way relating to or arising out of this Agreement, your
use of the LendTrade Platform, or any eventual transaction involving you and another Member.
This indemnification provision covers, but is not limited to, claims for breach of contract,
negligence, or any other civil or criminal action arising as a result of a transaction between you
and another LendTrade Platform Member, or resulting from your use of the LendTrade Platform.
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LENDTRADE HEREBY DISCLAIMS ALL WARRANTIES,
REPRESENTATIONS, AND OTHER INFORMATION PROVIDED BY OR POSTED BY
MEMBERS WITHIN THE LENDTRADE PLATFORM OR ELSEWHERE, INCLUDING,
BUT NOT LIMITED TO, ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES,
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF
MERCHANTABILITY, WARRANTIES REGARDING NONINFRINGEMENT AND ALL
OTHER REPRESENTATIONS AND WARRANTIES OF ANY TYPE, IRRESPECTIVE OF
HOW SUCH WARRANTIES OR REPRESENTATIONS ARE FRAMED, CLASSIFIED, OR
PRESENTED. MEMBER HEREBY ACKNOWLEDGES AND AGREES THAT ANY
WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY TYPE, PROVIDED
BY MEMBERS ARE TO BE PURSUED AND ENFORCED STRICTLY AGAINST SUCH
PERSONS AND ENTITIES, AND THAT SUCH WARRANTIES, GUARANTEES, AND
REPRESENTATIONS WILL NOT BE ENFORCED AGAINST LENDTRADE.
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EACH OF LENDTRADE, ITS OFFICERS, DIRECTORS, MEMBERS,
SHAREHOLDERS, AFFILIATIES, SUBSIDIARIES, EMPLOYEES OR AGENTS (EACH, A
“LENDTRADE PARTY”) SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU
OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE
DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN
WHOLE OR IN PART FROM YOUR ACCESS TO ANY LENDTRADE SITE, YOUR USE
OF ANY LENDTRADE SERVICE, OR THIS AGREEMENT, EVEN IF A LENDTRADE
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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THE CONTENT OF ANY LENDTRADE SITE AND ALL SERVICES AND
PRODUCTS ASSOCIATED WITH ANY LENDTRADE SERVICE OR OTHERWISE
PROVIDED BY LENDTRADE LLC ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS
AVAILABLE” BASIS. LENDTRADE MAKES NO REPRESENTATIONS, WARRANTIES
OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF
ANY LENDTRADE SITE OR LENDTRADE SERVICE, FITNESS FOR ANY PARTICULAR
PURPOSE OR NONINFRINGEMENT OF THOSE OPERATIONS.
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LENDTRADE MAKES NO REPRESENTATION, WARRANTY OR
GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, THAT CONTENT PROVIDED BY
ANY MEMBER OR THIRD-PARTY THAT MAY BE AVAILABLE THROUGH ANY
LENDTRADE SITE OR ANY LENDTRADE SERVICE IS FREE OF INFECTION FROM
ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT
CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE
INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY
SYSTEM, DATA OR PERSONAL INFORMATION. YOU EXPRESSLY AGREE YOUR USE
OF ANY LENDTRADE SITE OR LENDTRADE SERVICE IS AT YOUR SOLE RISK.
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NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS
AGREEMENT, THE AGGREGATE TOTAL LIABILITY FOR ALL LENDTRADE PARTIES
TAKEN AS A WHOLE TO YOU FOR ANY CAUSE OF ACTION REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AGGREGATE
AMOUNT OF FEES YOU HAVE ACTUALLY PAID TO LENDTRADE LLC WITHIN THE
PRECEDING TWELVE (12) CONSECUTIVE CALENDAR MONTHS, IF ANY. YOU
AGREE THAT ANY CAUSE OF ACTION AGAINST ANY LENDTRADE PARTY ARISING
OUT OF OR RELATED TO YOUR USE OF ANY LENDTRADE SITE OR LENDTRADE
SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, ANY SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.