21. LIMITATION OF LI
You hereby waive and agree not to assert any claims or allegations of any nature whatsoever against
AskA, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other
partners, any of their successors or assigns, or any of their respective officers, directors, agents or
employees (collectively, the " Released Parties ") arising out of or in any way relating to your use of
the Services or Proprietary Materials, including, without limitation, any claims or allegations relating
to the alleged infringement of proprietary rights, alleged inaccuracy of User Content, or allegations that
any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim
or allegation arising from your use of the Services. Your use of the Services and Proprietary Materials is
entirely at your own risk.
Without limiting any of the foregoing, neither AskA nor any other Released Party shall be liable to you
for any direct, special, indirect, exemplary, consequential, punitive damages, or any other damages of any
kind, including but not limited to loss of use, loss of profits, loss of data, loss of good will, data, or
other intangible losses or other economic loss, whether in an action in contract, tort (including but not
limited to negligence) or otherwise, arising out of or in any way connected with your use of the Services
or any Proprietary Materials, including without limitation any damages caused by or resulting from: (i)
your use or inability to use the Services or any Proprietary Materials; (ii) any third party claims that
the use by you of any of the Services or Proprietary Materials violates any third party intellectual
property right or privacy right; (iii) any failure of performance of the Services or any Proprietary
Materials, whether related to mistakes, errors, omissions, interruptions, defects, delays in operation or
transmission, deletion of files or email, computer viruses or any failure of performance (whether or not
resulting from acts of god, communications failure, theft, destruction or unauthorized access to AskA or
any other Released Party's records, programs or services); (iv) any damages arising from communications or
transactions with other Users of the Services, whether through blogs, or otherwise, or persons that you
meet through the Services; or (v) any other matters relating to the Services, Proprietary Materials, any
User Submissions (as defined above), based in contract, tort, negligence, strict liability, fundamental
breach, failure of essential purpose or otherwise, whether or not AskA had any knowledge, actual or
constructive, that you might incur such damages.
IN NO EVENT WILL THE TOTAL LIABILITY OF AskA OR THE RELEASED PARTIES ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PROPRIETARY MATERIALS EXCEED THE
GREATER OF THE AMOUNT YOU HAVE PAID TO AskA FOR USE OF THE SERVICES AND PROPRIETARY MATERIALS. THE
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AskA
AND YOU.
You shall fully defend, indemnify and hold harmless AskA and the other Released Parties from any losses,
damages, liabilities, costs, expenses (including legal fees), claims and proceedings arising out of your
use (or the use by any person to whom you have given access to your AskA Account) of the Services,
provision of User Content and the Proprietary Materials, including any claims made by any person that any
of your User Content infringes the rights, including the intellectual property rights of any third party.