10. Indemnification
You agree to indemnify, defend, and hold harmless Whillet Inc., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Site or the Services, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Site or the Services.
This indemnification obligation will survive the termination or expiration of these Terms of Service and your use of the Site and the Services.
11. Disclaimers
11.1 No Warranties: The Site and the Services are provided on an "as is" and "as available" basis. Whillet Inc. and its affiliates, licensors, and service providers make no warranties, express or implied, regarding the Site or the Services, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Whillet Inc. does not warrant that the Site or the Services will be uninterrupted, secure, or free from errors, viruses, or other harmful components.
11.2 Third-Party Content: The Site and the Services may include content provided by third parties. Whillet Inc. is not responsible for and does not endorse any third-party content, products, or services available through the Site or the Services.
11.3 No Endorsement: Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Whillet Inc.
11.4 User Content: Whillet Inc. is not responsible for and does not endorse the User Content submitted to the Site or the Services. You are solely responsible for your User Content and the consequences of posting or publishing it.
12. Limitation of Liability
12.1 Limitation on Direct Damages: To the fullest extent permitted by law, in no event will Whillet Inc., its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including, without limitation, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable, arising out of or in connection with your use, or inability to use, the Site or the Services, any websites linked to it, any content on the Site or such other websites, or any services or items obtained through the Site or such other websites.
12.2 Cap on Liability: In no event will the collective liability of Whillet Inc. and its affiliates, licensors, service providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to Whillet Inc. for the applicable service in the last six months out of which liability arose.
12.3 Exclusion of Damages: The limitations and exclusions in this section apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or any other legal or equitable theory, and even if Whillet Inc. has been advised of the possibility of such damages.
13. Dispute Resolution
13.1 Governing Law: These Terms of Service and any disputes arising out of or related to the Site or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
13.2 Informal Resolution: Before filing a claim, you agree to try to resolve any disputes informally by contacting Whillet Inc. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Whillet Inc. may bring a formal proceeding.
13.3 Arbitration: You and Whillet Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Site or the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, if applicable, the AAA's Supplementary Procedures for Consumer-Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or any other location we agree to.
13.4 No Class Actions: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
13.5 Waiver of Jury Trial: YOU AND WHILLET INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Whillet Inc. are instead electing that all covered claims and disputes shall be resolved by arbitration under this Dispute Resolution provision, except as specified in Section 13.3 above.