TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL P2P, ANY P2P PARTIES, OR ANY OF THEIR AFFILIATED PARTIES BE LIABLE FOR LOSS OF PROFITS OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR OTHER LOSS OF ANY KIND—INCLUDING, BUT NOT LIMITED TO, ANY LOSS RELATED TO REVENUE, INCOME OR PROFIT; LOSS OF USE OR LOSS OF DATA; LOSS OF PRODUCTION; LOSS OF CONTRACT; LOSS OF COMMERCIAL OPPORTUNITY; LOSS OF SAVINGS, DISCOUNTS, OR REBATES (WHETHER ACTUAL OR ANTICIPATED); HARM TO REPUTATION OR LOSS OF GOODWILL; LOSS OF BUSINESS; OR LOSS DUE TO BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY RELATED TO OR ARISING FROM THE USE OF THE SERVICES, THE PARTS OF THE SERVICES, THE SITE OR ANY OTHER ASPECT OF THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, ANY SLASHING EVENTS OR ISSUES WITH UPTIME, AIRDROP ACTIVITIES, REGARDLESS OF THE FORM OR CAUSE OF ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF P2P OR ANY OF THE AFFILIATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF SUCH LOSS WAS FORESEEABLE).
WITHOUT LIMITING THE FOREGOING, THE USER ACKNOWLEDGES AND AGREES THAT IT USES THE TRANSACTION PREPARATION SERVICES AT ITS OWN RISK.
P2P SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCES ARISING OUT OF OR IN CONNECTION WITH THE SIGNING, SUBMISSION, OR EXECUTION OF ANY TRANSACTION GENERATED THROUGH THE TRANSACTION PREPARATION SERVICES, INCLUDING ANY LOSS RESULTING FROM ANY MALFUNCTION, COMPROMISE, ERROR, OR UNAUTHORIZED INTERFERENCE WITH P2P’S INFRASTRUCTURE, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED UNDERAPPLICABLELAW.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF P2P AND ANY P2P PARTIES (COLLECTIVELY) FOR ANY LOSS ARISING OUT OF OR RELATING TO THESE TERMS EXCEED THE LESSER OF (I) THE AMOUNT OF P2P FEES RECEIVED FROM YOU FOR THE SERVICES OVER THE LAST CALENDAR MONTH, OR (II) USD 100, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
AS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU, AND THE ONLY MEANS OF COMPENSATION WITHIN THE LIMITATIONS SET FORTH IN THIS CLAUSE:
P2P WILL ADJUST THE P2P FEE ON THE REMAINING VALIDATORS THAT YOU HAVE STAKED UNDER ANY AGREEMENT WITH P2P TO ENSURE COMPENSATION IS PROVIDED IN THE NEAREST FOLLOWING RECALCULATION PERIOD. PROVIDED, HOWEVER, THAT IF THE ADJUSTED P2P FEE BECOMES LESS THAN ZERO (0), THEN THE P2P FEE FOR THE NEAREST FOLLOWING COMPENSATION PERIOD SHALL BE SET AT ZERO (0), NO ADDITIONAL COMPENSATION SHALL BE MADE, AND THE LIMITATIONS OF THIS CLAUSE SHALL BE DEEMED LOWERED ACCORDINGLY; AND
IF NO VALIDATORS ARE AVAILABLE TO ENABLE THE ADJUSTMENT OF SERVICE FEES AS SET FORTH ABOVE OR IF YOU DO NOT HAVE THE CORRESPONDING AGREEMENT, THEN ANY COMPENSATION UP TO THE LIMITS ESTABLISHED IN THIS CLAUSE SHALL BE PAID TO YOU WITHIN NINETY (90) BUSINESS DAYS, PROVIDED THAT YOU SUCCESSFULLY COMPLETE THE REQUIRED KYC/AML PROCEDURES AS REQUESTED BY P2P AND IN ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.
THE LIMITATIONS SET FORTH IN THIS CLAUSE SHALL NOT LIMIT OR EXCLUDE LIABILITY FOR FRAUD OR WILLFUL MISCONDUCT ON THE PART OF P2P.
FURTHERMORE, P2P AND ANY P2P PARTIES SHALL NOT BE LIABLE OR DEEMED TO HAVE DEFAULTED OR BREACHED THESE TERMS FOR ANY FAILURE OR DELAY IN PERFORMING ANY TERM OF THESE TERMS, WHEN SUCH FAILURE OR DELAY IS CAUSED BY OR RESULTS FROM EVENTS BEYOND THE REASONABLE CONTROL OF P2P OR ANY P2P PARTIES, INCLUDING, WITHOUT LIMITATION:
FLOOD, FIRE, EARTHQUAKE, OR EXPLOSION;
WAR, INVASION, HOSTILITIES (WHETHER WAR IS DECLARED OR NOT), TERRORIST THREATS OR ACTS, OR OTHER CIVIL UNREST;
ANY ATTACKS, ERRORS, OR DIFFICULTIES IN BLOCKCHAIN TECHNOLOGIES OR RELATED SOFTWARE; OR
ANY LAWS, RULES, OR REGULATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE P2P AND P2P PARTIES FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF OR RELATED TO DISPUTES BETWEEN YOU AND OTHER USERS OF THE SERVICES AND THE ACTS OR OMISSIONS OF ANY THIRD PARTIES. YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE UNDER ANY APPLICABLE LAW AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS THAT YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE PROCEEDING, OR REPRESENTATIVE ACTION AGAINST P2P OR ANY P2P PARTIES.
IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS AND ANY OTHER PROVISIONS OF ANY DOCUMENT OR ANY STATEMENT OF ANY THIRD PARTY (INCLUDING THIRD PARTY SMART CONTRACT PROVIDER(S)), THE PROVISIONS OF THESE TERMS OF USE WILL GOVERN.
YOU WAIVE RELIANCE ON ANY THIRD- PARTY PROVISIONS OR STATEMENTS IN ANY DISPUTE OR PROCEEDING IN THE EVENT OF THE CONFLICT.