Brand Builders’ liability for any and all claims, losses, expenses, injuries, or damages arising out of or in any way related to this Agreement by any act or omission, including breach of contract or negligence not amounting to a willful or intentional wrong, shall not exceed the total compensation received by Brand Builders under this Agreement.
Client hereby agrees that to the fullest extent permitted by law, that Brand Builders shall not be liable to Client for any special, indirect or consequential damages whatsoever, whether caused by Brand Builders’ negligence, errors, omissions, strict liability, breach of contract or other cause or causes, including but not limited to loss of use and loss of profits or revenue.
Client hereby acknowledges and agrees that Brand Builders makes no representations as to the right, title, and/or interest in the products Client has requested to have manufactured. Client is solely responsible for determining if the products it requests Brand Builders to have manufactured are the subject of any pending or threatened claims or legal actions asserting intellectual property or ownership rights and that Client possesses all necessary rights and privileges to cause any Intellectual Property to be duly and appropriately registered in, filed in or issued by the United States Patent and Trademark Office, United States Copyright Office or the corresponding offices of other jurisdictions and countries, and there is no fact or circumstance which would prevent such registration, filing and/or issuance.
Client warrants that it can legally sell all products it requests Brand Builders to have manufactured for it. In the event any claim arises with respect to the ownership rights or intellectual property rights of the products, Client agrees to indemnify and hold harmless Brand Builders from any such claims.
Prior to purchasing Brand Builder's Complete Sourcing Sourcing Service, client must agree to these terms.