Limitation of Liability. YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF ANY OF THE Baird Realty Group TECHNOLOGY IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT Baird Realty Group WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) TERMINATION, SUSPENSION, LOSS, OR MODIFICATION OF YOUR TECHNOLOGY, (b) USE OF OR INABILITY TO USE THE TECHNOLOGY, (c) INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO ANY Baird Realty Group WEBSITE OR ANY Baird Realty Group SERVICE, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND Baird Realty Group’S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR LCM GATEWAY FORMS, (h) APPLICATION OF ANY APPLICABLE LAW, REGULATION OR Baird Realty Group POLICY, (i) LOSS INCURRED IN CONNECTION WITH THE TECHNOLOGY; (j) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (k) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING YOUR TECHNOLOGY, OR (l) ANY OTHER MATTER RELATING TO YOUR USE OF THE TECHNOLOGY. Baird Realty Group ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, GOODWILL, DATA, THE COST OF REPLACEMENT GOODS OR TECHNOLOGY, OR OTHER INTANGIBLE LOSSES) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Baird Realty Group HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Baird Realty Group’S MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE TECHNOLOGY, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification. You agree to defend, indemnify and hold harmless Baird Realty Group, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising out of or related to your use of or connection to the Technology, including, but not limited to, (a) your order for, registration of, renewal of or failure to register or renew particular Technology registered in your name, (b) your breach or violation of any term, condition, representation or warranty of this Agreement; or (c) your violation of any rights of others.
Disclaimer of Warranties. Baird Realty Group TECHNOLOGY IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. Baird Realty Group MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE TECHNOLOGY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR SERVICE GUARANTEES, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. Baird Realty Group FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY: (a) THAT THE TECHNOLOGY WILL MEET YOUR SPECIFIC REQUIREMENTS; (b) THAT THE TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. (d) ANY MATERIAL ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TECHNOLOGY IS DONE AT YOUR OWN DISCRETION AND RISK. (e) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS OR USE OF ANY SUCH MATERIAL. (f) NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY Baird Realty Group, ITS EMPLOYEES, LICENSEES OR THE LIKE WILL CREATE A WARRANTY OR GUARANTY, NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.