VIII. Disclaimers

To the Maximum Extent Permitted by Applicable Law, We Make No Representations or Warranties. The Services are provided on an "as is" and "as available" basis. We and our parent companies, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "CICADA Indemnified Parties") make no guarantees of any kind in connection with the Services. To the maximum extent permitted by applicable law, the CICADA Indemnified Parties disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement and disclaim any warranties regarding:

The Services being accurate, complete, current, reliable, uninterrupted, timely, secure, or error-free. Information (including, without limitation, the value or outcome of any transaction) available through the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the Services is at your own risk.

Injury or Damage Caused by the Services. For example, you expressly acknowledge, understand, and agree that the Services may contain audio-visual effects, strobe lights, or other materials that may affect your physical senses and/or physical condition. Further, you expressly acknowledge that the CICADA Indemnified Parties are not responsible for loss or damages caused by another user's actions, actions of unauthorized actors, or any unauthorized access to or use of the Services.

Viruses, worms, malware, or other types of malicious code that may affect the functionality or operation of the Services in any way.

Limitation of Liability. To the maximum extent permitted by law, in no event shall the CICADA Indemnified Parties be liable to you for any loss, damage, or injury of any kind including any direct, indirect, special, incidental, exemplary, consequential, or punitive losses or damages, or damages for system failure or malfunction or loss of profits, data, use, business or good-will or other intangible losses, arising from or in connection with:

(A) the Services or your inability to use or access the Services;

(B) misuse of the Services (including without limitation, unauthorized access of the Services);

(C) any user's conduct on the Services; or

(D) termination, suspension, or restriction of access to any the Services.

In addition to the foregoing, no CICADA Indemnified Party shall be liable for any damages caused in whole or in part by (A) user error, such as forgotten passwords or incorrectly constructed smart contracts or other transactions; (B) server failure or data loss; (C) any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against the Services; (D) bugs, vulnerabilities, or defects in any smart contract or blockchain that is interacted with through the Services, or any other blockchain related software or technology; (E) telecommunications failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused; (F) any change in value of any crypto asset; (G) any change in law, regulation, or policy; (H) events of force majeure; or (I) any other factor beyond our reasonable control.

This limitation of liability is intended to apply without regard to whether other provisions of these terms have been breached or have proven ineffective.

In no event shall the CICADA Indemnified Parties' aggregate liability to you or any other user (whether based on contract, tort, or any other theory) exceed, to the maximum extent permitted by applicable law: (i) the total amount of service fees actually paid by you to CICADA in respect of the use of the Services in the 12 months preceding the date of the claim; or (ii) one thousand U.S. dollars (US$1,000.00), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain warranties and liabilities set out in this section; as a result, some of the above limitations and disclaimers may not apply to you. To the extent the CICADA Indemnified Parties may not, as a matter of applicable law, disclaim any warranty or limit certain liabilities, the extent of the CICADA Indemnified Parties' liability and the scope of any such warranties will be as permitted under applicable law.

However, the foregoing disclaimers and limitations of liability do not apply to circumstances expressly prohibited by applicable law from being disclaimed or limited, including liabilities arising from CICADA's willful misconduct, bad faith, or gross negligence.

You agree to indemnify, defend, and hold harmless the CICADA Indemnified Parties from any claim or demand (including reasonable attorneys' fees) made by any third party due to or arising out of:

(a) your breach or alleged breach of the Agreement (including, but not limited to, these terms);

(b) your contributions to the Services;

(c) your misuse of the Services or any smart contract and/or script related thereto;

(d) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities;

(e) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right;

(f) your use of a third-party product, service, and/or website; or

(g) any misrepresentation made by you. We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any claim. You will not in any event settle any claim without our prior written consent.