Neither Platform nor any of our subsidiaries, affiliates, licensors, suppliers, advertisers or sponsors, nor our or their directors, officers, employees, consultants, agents or other representatives shall be liable or liable for any indirect, incidental, consequential, special, punitive, punitive, or other damages (including, without limitation, damages for loss of business, loss of data, or loss of profits), whether under any contract, negligence, strict liability, or otherwise, arising out of or relating in any way to the services and/or materials, including any materials available through any third party platform, submissions, any linked websites, or any code, product or service purchased, available or usable through the services or any third party platforms.
Your sole remedy in the event of dissatisfaction with the services, materials, including any products or services available through any third party platform, the materials provided or any linked websites, is to stop using the services, materials, materials provided, products or linked websites. , respectively.
The sole and exclusive maximum liability of the Platform for all loss, damage and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, will be the total amount paid by you to the Platform for the last 12 (twelve) months, if any, for accessing or using the Service.
Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or consequential damages, in which case the above limitation may not apply to you.
No correspondence of any kind between you and the Platform or a representative of the Platform shall constitute a waiver of any limitation of liability under these Terms, and shall not create any additional warranty not expressly stated in the Terms.
Multiple claims will not increase the monetary damage limit stated herein. You agree that the exclusion of damages in these Terms of Use will apply even if any remedy fails.
Inaccuracies. It is possible that the Services provided on any Third Party Platform may include inaccuracies or errors or information or materials that violate these Terms. In addition, it is possible that third parties may have made unauthorized changes to the Services available on any Third Party Platform.
While the Platform attempts to ensure the integrity of the Services on the Third Party Platform, we make no warranty as to the completeness of the Services or their correctness.
If a situation arises in which the completeness of the Services or their correctness is in question, please send a request to
[email protected] or https://www.messenger.com/t/heartbeat.edu (indicating in the subject "Inaccuracies in the Services on (name of the Third Party Platform)"), describing, if possible, the Services to be checked and indicating the address (URL) where such Services can be found among Our Services or on the Third Party Platform, as well as information sufficient to allow Us to contact you. We will endeavor to resolve your inquiries as soon as reasonably practicable. For claims of copyright infringement, see our Intellectual Property Policy.
System crashes. The Platform periodically plans to shut down the Services system for maintenance and other purposes. In addition, unplanned system outages may occur. You agree that the Platform is not responsible for:
(a) the lack of Services, including those available on Third Party Platforms;
(b) any loss of materials, data, transactions or any other information or materials caused by such system outages;
(c) the resulting delays, misdelivery or non-delivery of data, transactions or any other information or materials caused by such system outages; or
(d) for any outages caused by any third party, including, without limitation, any companies or servers hosting the Services, any Internet Service Providers, any Third Party Platforms, or any Internet media or networks.