14. Disclaimers and Limitations of Liability
The service is provided on an as-is and as-available basis. Other than as expressly set out in paragraph 13, Foremost Media has not, and does not, make any warranties whether express or implied. This disclaimer includes, but is not limited to the warranties of non-infringement, fitness for a particular purpose, warranties of merchantability and title. Foremost Media does not warrant that the service will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Foremost Media is not liable, and expressly disclaims any liability, for the content of any data transferred either to, or from, you or stored by you or an end user via the service provided by us. Foremost Media specifically disclaims any and all warranties regarding services provided by third parties, regardless of whether those services appear to be provided by Foremost Media. No warranties made by these third party entities to Foremost Media shall be passed through to you, nor shall you claim to be a third party beneficiary of such warranties.
This warranty disclaimer extends to any oral or written information you may have received from Foremost Media, its employees, third-party vendors, agents or affiliates. You may not rely on such information.
Some states do not allow Foremost Media to exclude certain warranties. If this applies to you, your warranty is limited to  days from the effective date for an individual service.
Except as specified in this section, all express or implied conditions, representations, and warranties including, without limitation, any implied warranties or condtions of merchantability, fitness for a particular purpose, satisfactory quality, against infringement or arising from a course of dealing, usage, or trade practice, are hereby excluded to the extent allowed by applicable law. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.
In no event will Foremost Media’s liability hereunder exceed the aggregate fees actually received by Foremost Media from customer for the 12 month period immediately preceding the event giving rise to such liability. For the purposes of this paragraph only, the term Foremost Media shall be interpreted to include foremost media’s employee’s, agents, owners, directors, officers, affiliates, and third parties providing services to customer through Foremost Media.
You agree that, to the maximum extent permitted by applicable law, you will not under any circumstances including, but not limited to, negligence, hold Foremost Media or its licensors, agents, employees, officers and/or third party vendors, liable for any indirect, incidental, special, consequential or punitive damages whatsoever including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you, any of your end users or any other third party. You agree that the foregoing limitations apply whether in an action in contract or tort or any other legal theory and apply even if foremost media has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; you agree that in those jurisdictions foremost media’s liability will be limited to the extent permitted by law.
You agree to indemnify, defend and hold harmless Foremost Media and its subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services (ii) any violation by you of the AUP; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
Foremost Media shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that the Service infringes any issued U.S. patent. This indemnification provision is expressly limited to the Service which is fully owned by Foremost Media. It does not extend to products or services provided by third parties even if incorporated into the Service. If set out in its agreements with third-party suppliers, Foremost Media shall flow down similar intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying Foremost Media promptly in writing of the claim and giving Foremost Media full authority, information, and assistance for the defense and settlement of that claim. You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in Foremost Media’s opinion is likely to occur, you agree to permit Foremost Media, at its option and expense, either to: (i) procure for you the right to continue using the Service; (ii) replace an individual component of the Service with a product or service, regardless of manufacturer, performing the same or similar function as the infringing aspect of the Service, or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate Foremost Media’s obligations (and your rights) under this TOS with regard to such Service and refund to you the price originally paid by you to Foremost Media for the Service, or the Fee actually received by Foremost Media from you for the 3 month period immediately preceding the occurrence of the event on which the indemnification claim is based.