BitSight Data. All rating information (the “BitSight Data”) provided by BitSight Technologies, Inc. (“BitSight”) (whether via the portal or otherwise) is the proprietary and the confidential information of BitSight and is protected by United States and international intellectual property. You may only use the BitSight Data for internal purposes (unless the applicable BitSight Data is ratings data about your organization, in which case you may use it for external purposes as well, so long as such use is in compliance with applicable law). If you already have an agreement in place with BitSight relating to the BitSight Data, that other agreement shall supersede the terms and conditions hereof. If you are accessing the BitSight Data on behalf of a company, business, corporation or other entity, you represent and warrant that you have the authority to bind such entity to these terms.
Disclaimer of Warranties. BITSIGHT HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO THE BITSIGHT DATA, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, ERROR FREE OPERATION, NON-INTRUSION DUE TO HACKING OR OTHER SIMILAR MEANS OF UNAUTHORIZED ACCESS AND NON-INFRINGEMENT. THE BITSIGHT DATA IS PROVIDED ON AN “AS IS” BASIS ONLY, WITHOUT ANY WARRANTIES WHATSOEVER. YOU ASSUME ALL RISK OF DAMAGE OR LOSS FROM RELYING UPON OR USING THE BITSIGHT DATA AND ANY RESULTANT DATA.
Limitation of Liability. UNLESS PROHIBITED BY LAW, IN NO EVENT WILL BITSIGHT OR ITS SUPPLIERS, PARTNERS, RESELLERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE TO YOU HEREUNDER FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS OR DATA OR OTHER ECONOMIC LOSS) ARISING FROM ANY CAUSE OF ACTION OR LEGAL THEORY, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, STRICT LIABILITY, FAILURE OF ESSENTIAL PURPOSE OR ANY OTHER ECONOMIC LOSSES, EVEN IF THE PARTY OR A RELATED PARTY HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF BITSIGHT FOR PROVIDING ACCESS TO THE BITSIGHT DATA HEREUNDER, TAKEN AS A WHOLE, FOR ANY AND ALL CLAIMS IN CONNECTION WITH SUCH DATA, INCLUDING BUT NOT LIMITED TO CLAIMS FOR INDEMNIFICATION, BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, STRICT LIABILITY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WILL IN NO CIRCUMSTANCE EXCEED $500.
Applicable Law. This Agreement and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), will be governed by, construed and enforced in accordance with the internal laws of the Commonwealth of Massachusetts (excluding its conflicts of laws principles). Any disputes arising from or relating to this Agreement will be resolved exclusively in the state or federal courts sitting in the Commonwealth of Massachusetts.