1. Scope & Applicability
This Limitation of Liability Policy ("Policy") applies to all interactions with Aevum Zenth Conglomerate ("Aevum Zenth," "we," "us," or "our"), including but not limited to our subsidiaries, affiliates, licensed brands, digital platforms, corporate services, and physical facilities worldwide. By accessing, using, or contracting with any division of Aevum Zenth, you acknowledge and agree to the terms outlined herein.
This Policy operates in conjunction with our Terms of Service, Privacy Policy, and division-specific contractual agreements. In the event of a conflict, the terms of a signed executive or master service agreement shall prevail, provided such agreement does not contravene mandatory statutory protections.
2. Disclaimer of Warranties
All services, products, data, research outputs, and digital infrastructure provided by Aevum Zenth are offered on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by applicable law, Aevum Zenth expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:
- Merchantability, fitness for a particular purpose, or non-infringement.
- Accuracy, completeness, timeliness, or uninterrupted availability of data, APIs, or digital services.
- Compliance with specific regulatory thresholds unless explicitly guaranteed in a signed divisional contract.
Note: Certain jurisdictions do not permit the exclusion of implied warranties. In such jurisdictions, such exclusions apply only to the extent legally permissible.
3. Limitation of Direct Damages
Except where explicitly prohibited by applicable consumer protection legislation, Aevum Zenth's total aggregate liability arising from or related to any claim, dispute, or breach of contract shall not exceed the greater of: (a) the total fees paid by you to Aevum Zenth for the specific service or product giving rise to the claim during the twelve (12) months preceding the incident, or (b) $10,000 USD.
This limitation applies to all direct, compensatory, or actual damages, including claims for negligence, misrepresentation, or failure to perform, subject to applicable jurisdictional caps.
4. Exclusion of Consequential Damages
In no event shall Aevum Zenth, its board members, officers, employees, contractors, or subsidiaries be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages. This expressly includes, without limitation:
- Loss of profits, revenue, data, goodwill, or anticipated business opportunities.
- Business interruption, production downtime, or supply chain delays.
- Costs of procurement of substitute goods or services.
- System corruption, data corruption, or unauthorized third-party access resulting from external infrastructure failures.
5. Third-Party Ecosystem & Partners
Aevum Zenth operates an extensive network of joint ventures, licensed subsidiaries, and technology partners. We are not responsible for the accuracy, reliability, safety, or legality of content, products, or services provided by unaffiliated third parties. Any agreements entered into with third-party vendors, distributors, or service providers are solely between you and such third party. Aevum Zenth assumes no liability for third-party performance, breaches, or regulatory violations.
6. Force Majeure & Operational Continuity
Aevum Zenth shall not be deemed in breach of any obligation, nor held liable for delays or failures in performance, resulting from causes beyond its reasonable control. This includes, but is not limited to: acts of God, war, terrorism, civil unrest, pandemics, governmental actions, strikes, energy grid failures, cyber-attacks targeting critical infrastructure, or telecommunications outages. Aevum Zenth will use commercially reasonable efforts to mitigate such impacts but makes no guarantee of uninterrupted operations during force majeure events.
7. Insurance & Risk Allocation
Aevum Zenth maintains comprehensive corporate liability, cyber, and operational risk insurance policies. However, insurance coverage thresholds, exclusions, and deductibles do not alter the limitations set forth in this Policy. Claimants are solely responsible for maintaining appropriate insurance to cover their own operational risks, supply chain dependencies, and downstream liabilities.
8. Governing Law & Dispute Resolution
This Policy shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any disputes arising under this Policy shall be subject to mandatory binding arbitration administered by the American Arbitration Association (AAA) in Wilmington, Delaware, except where statutory rights expressly prohibit arbitration.
9. Amendments & Interpretation
Aevum Zenth reserves the right to modify, update, or replace this Policy at any time without prior notice. Continued use of Aevum Zenth services following the posting of revised terms constitutes acceptance of such changes. Headings are for reference only and shall not affect interpretation. If any provision is deemed unenforceable, the remaining provisions shall remain in full force and effect.
Legal & Compliance Inquiries
For questions regarding this Limitation of Liability Policy, contract negotiations, or enterprise risk assessments, please contact our Office of General Counsel.
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