Limited of Liability and Remedy. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL EZEE BIKES LLC, SELLER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) BE LIABLE TO BUYER OR ANY THIRD PARTY, UNDER ANY ORDER, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE: (I) FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, GOOD WILL OR LOSS OF USE OR DATA) OR ANY COSTS OF SUBSTITUTE PRODUCTS ARISING OUT OF OR RELATED TO THE PRODUCTS OR SERVICES OR ANY USE OR THE RESULTS OF ANY USE THEREOF OR OTHERWISE RELATING TO THE FUNCTIONING THEREOF OR ARISING OUT OF ANY ORDER, WHICH MAY BE SUSTAINED BY BUYER, ITS CUSTOMERS OR OTHERS, EVEN IF THE INDEMNIFIED PARTIES HAD BEEN ADVISED, KNOWN OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS; AND, (II) FOR DIRECT DAMAGES IN EXCESS OF THE AMOUNT OF PAYMENTS RECEIVED HEREUNDER BY SELLER FOR THE PRODUCT OR SERVICE RELATING TO SUCH LIABILITY.THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE AGREEMENT BETWEEN THE PARTIES, AND THAT SELLER WOULD NOT ENTER INTO SUCH AGREEMENT WITH BUYER BUT FOR SUCH LIMITATIONS OF LIABILITY
Indemnification. You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of ebikes, whether through its intended use or as a result of misuse. You understand that such risks can result in injury, death, physical or mental damage to yourself, your property, or third parties and their property. You agree to release, waive, defend, indemnify, and hold harmless Seller and its directors, officers, employees, agents, members, partners, suppliers, and licensors from any claim, demand, causes of action, liabilities, or expenses including without limitation attorneys’ fees and costs, relating to or arising from your purchase and your or any third party use of any Product or Service ; (b) any violation by you of this Agreement; or (c) your violation of another party’s rights or applicable law. Seller reserves the right to assume, at its sole discretion, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Seller in asserting any available defenses.