The parties agree that DONATE THE TICKETS.COM, LLC (Donate the Tickets) will endeavor to make its best efforts to fulfill the intentions of the parties in connection with the service or services that it provides, whether through the use of its site or sites, or otherwise.

LIABILITY. UNDER NO CIRCUMSTANCES WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, AND LOST DATA, ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (COLLECTIVELY, "DISCLAIMED DAMAGES"); PROVIDED THAT YOU SHALL REMAIN LIABLE TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED BY A THIRD PARTY AND ARE SUBJECT TO INDEMNIFICATION PURSUANT TO SECTION 5 BELOW.

DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, DONATE THE TICKETS MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LINK, THE DONATE THE TICKETS TICKET DONATION SERVICE, AND ANY OTHER SERVICE, CONTENT, TOOLS, OR RELATED DOCUMENTS OR MATERIALS (IN ELECTRONIC FORM OR OTHERWISE) PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, DONATE THE TICKETS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY, FUNCTIONALITY, OR ANY OTHER ASPECT OF THE FUNCTIONALITY OF ITS SERVICE OR SERVICES OF ITS SITE OR SITES.

You agree that DONATE THE TICKETS will not be liable for any interruptions or errors in delivering the service or services or using the site or sites. The provisions of this section survive termination or expiration of the Terms of Use or any other agreement with DONATE THE TICKETS.

INDEMNIFICATION. You agree to defend, indemnify and hold harmless DONATE THE TICKETS, its parents, subsidiaries, and affiliates, and its respective officers, directors, agents, distributors, franchisees and employees against any loss, damage, expense, or cost, including reasonable attorneys fees (including allocated costs for in-house legal services) arising out of any claim, demand, action, suit, investigation, arbitration or other proceeding by a third party ("Liabilities") based on (i) your material breach or the inaccuracy of any covenant, duty, representation, or warranty under the Terms of Use or any other agreement with DONATE THE TICKETS, (ii) the tickets or any other information or materials that you submitted to DONATE THE TICKETS, and (iii) any other aspect of your activities or use of the DONATE THE TICKETS service or services or of its site or sites.

APPLICABLE LAW; JURISDICTION. This agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of New York except for its conflicts of law principles. Each party irrevocably consents to the jurisdiction of the courts of the State of New York and the federal courts situated in the State of New York, in connection with any action to enforce the provisions of this agreement, to recover damages or other relief for breach or default under this agreement, or otherwise arising under or by reason of this agreement.

BINDING NATURE. Although you and DONATE THE TICKETS intend for this to constitute a binding agreement, you agree to execute a written version hereof at any time if requested by DONATE THE TICKETS.