Buyer covenants and agrees to waive any claim against QikID for punitive damages or for consequential damages. QikID hereby disavows and disclaims any and all responsibility to Buyer for the following:
- to save Buyer harmless or to indemnify Buyer from and against all claims or suits;
- judgments and awards on account of any damage to property or injury/death to persons which may occur due to the negligence or other fault of QikID, arising out of or in connection with the performance of the order on the part of QikID;
- monetary loss or downtime;
- data loss or corruption;
- business loss, loss of goodwill or loss of reputation;
- loss of anticipated savings;
- destruction or loss of revenue as a direct result of services rendered or any good or software provided by QikID or its agents.
All such liability will be disavowed in actions for:
- tort, including negligence;
- breach of statutory duty, or
- any other theory of recovery.