of information to Persona or via the Service. Persona hereby disclaims all warranties, express or implied,
including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-
infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer
virus. Persona does not represent or warrant that the Service will be error-free or uninterrupted; that
defects will be corrected; or that the Service or the server that makes the Service available is free from
any harmful components, including, without limitation, viruses. Persona does not make any
representations or warranties that the information (including any instructions) on the Service is
accurate, complete, or useful. Persona makes no representations that the Service is appropriate or
available for use in all locations. If you access or use the Service from jurisdictions prohibiting such use,
you do so at your own volition and are responsible for compliance with local law. You acknowledge that
your use of the Service is at your sole risk. Some jurisdictions limit or do not allow the disclaimer of
implied or other warranties so the above disclaimer may not apply to you to the extent such
jurisdiction’s law is applicable to you and these Terms of Use.
Limitation of Liability; Waiver. Under no circumstances will the Persona Parties be liable to you for any
loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary,
special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:
(a) the Service; (b) the Persona Content; (c) Your Content; (d) your use of, inability to use, or the
performance of the Service; (e) any action taken in connection with an investigation by the Persona
Parties or law enforcement authorities regarding your or any other party’s use of the Service; (f) any
action taken in connection with copyright or other intellectual property rights; (g) any errors or
omissions in the Service’s operation; or (h) any damage to any user’s computer, mobile device, or other
equipment or technology including, without limitation, damage from any security breach or from any
virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission,
computer line or network failure or any other technical or other malfunction. This limitation of liability
includes, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage,
accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Persona
Parties have been advised of or should have known of the possibility of such damages, whether in an
action of contract, negligence, strict liability or tort (including, without limitation, whether caused in
whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the
Service). In no event will the Persona Parties be liable to you or anyone else for loss, damage or injury,
including, without limitation, death or personal injury. Some states do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to
you. In no event will the Persona Parties’ total liability to you for all damages, losses or causes or action
exceed One Hundred U.S. Dollars ($100.00). Waiver. By accessing the Service, you understand that you
may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in
accordance with such waiver, you acknowledge that you have read and understand, and hereby
expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any
state or territory, which provides as follows: “A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor.”
Indemnification. You (and also any third party for whom you operate an account or activity on the
Service) agree to defend (at Persona’s request), indemnify and hold the Persona Parties harmless from
and against any claims, liabilities, damages, losses, and expenses, including without limitation,
reasonable attorneys’ fees and costs, arising out of or in any way connected with any of the following
(including as a result of your direct activities on the Service or those conducted on your behalf): (a) Your
Content or your access to or use of the Service; (b) your breach or alleged breach of these Terms of Use;
(c) your violation of any third-party right, including without limitation, any intellectual property right,
publicity, confidentiality, property or privacy right; (d) your violation of any laws, rules, regulations,
codes, statutes, ordinances or orders of any governmental and quasi- governmental authorities,
including, without limitation, all regulatory, administrative and legislative authorities; or (e) any
misrepresentation made by you. You agree to cooperate as fully required by Persona in the defense of
any claim. Persona reserves the right to assume the exclusive defense and control of any matter subject