---
title: Limitation of Liability and Indemnification Policy
---

**COMPREHENSIVE PROTECTION THROUGH LIABILITY LIMITATIONS AND INDEMNIFICATION PROVISIONS**

## 1. INTRODUCTION AND SCOPE

### 1.1. Policy Purpose and Importance

This Limitation of Liability and Indemnification Policy ("Policy") establishes comprehensive protections for NHCarrigan ("we," "us," "our," or "the Company") and clarifies the allocation of risk and responsibility between the Company and users of our services, applications, and platforms (collectively, the "Services"). This Policy is fundamental to our ability to provide innovative services whilst managing legal and financial risks.

### 1.2. Integration with Other Legal Documents

This Policy operates within our comprehensive legal and policy framework, incorporating our Terms of Service, Privacy Policy, Community Code of Conduct, Acceptable Use Policy, Service Level Agreement, API Terms and Conditions, and all applicable legal protections by reference.

Where conflicts exist between documents, the most restrictive liability limitation shall apply to ensure maximum protection for the Company.

### 1.3. Scope of Application

This Policy applies to:

**(a)** All users, customers, developers, and third parties interacting with our Services;

**(b)** All services, applications, platforms, and tools provided by NHCarrigan;

**(c)** All content, data, and information processed through our Services;

**(d)** All commercial and non-commercial usage of our Services;

**(e)** All direct and indirect consequences of Service usage;

**(f)** All claims arising before, during, or after the use of our Services;

**(g)** All legal theories and causes of action, whether known or unknown;

**(h)** All jurisdictions where our Services are accessed or used.

### 1.4. Legal Framework and Enforceability

This Policy is designed to:

**(a)** Comply with applicable laws whilst maximising legal protection;

**(b)** Ensure enforceability across multiple jurisdictions;

**(c)** Provide clear guidance on risk allocation and responsibility;

**(d)** Establish predictable legal frameworks for business relationships;

**(e)** Balance user rights with Company protection needs;

**(f)** Support sustainable business operations through risk management;

**(g)** Align with industry standards and best practices;

**(h)** Facilitate insurance coverage and risk transfer arrangements.

## 2. COMPREHENSIVE LIABILITY DISCLAIMERS

### 2.1. General Service Disclaimers

**IMPORTANT NOTICE: THE FOLLOWING DISCLAIMERS ARE FUNDAMENTAL TO OUR SERVICE RELATIONSHIP AND CONSTITUTE ESSENTIAL TERMS OF YOUR AGREEMENT WITH US.**

**AS IS" AND "AS AVAILABLE" BASIS:**

All Services are provided strictly on an "AS IS" and "AS AVAILABLE" basis without warranties, representations, or conditions of any kind, whether express, implied, statutory, or otherwise.

**EXPRESS DISCLAIMER OF WARRANTIES:**

We expressly disclaim and exclude all warranties including, but not limited to:

**(a)** **Merchantability**: No warranty that Services are suitable for commercial use or will meet commercial requirements;

**(b)** **Fitness for Particular Purpose**: No warranty that Services will meet your specific needs, requirements, or expectations;

**(c)** **Non-Infringement**: No warranty that Services do not infringe third-party intellectual property or other rights;

**(d)** **Quality and Performance**: No warranty regarding the quality, performance, or reliability of Services;

**(e)** **Accuracy and Completeness**: No warranty regarding the accuracy, completeness, or currency of information or data;

**(f)** **Uninterrupted Service**: No warranty that Services will be available, accessible, or operate without interruption;

**(g)** **Error-Free Operation**: No warranty that Services will be free from errors, bugs, viruses, or other harmful components;

**(h)** **Security**: No warranty that Services will be secure or that data will be protected from unauthorised access.

### 2.2. Technology and Software Disclaimers

Regarding our technology, software, and digital services:

**(a)** **Compatibility**: No warranty of compatibility with all devices, browsers, operating systems, or third-party software;

**(b)** **Performance Standards**: No guarantee of specific performance benchmarks, speed, or efficiency levels;

**(c)** **Data Integrity**: No warranty regarding data integrity, accuracy, or prevention of data loss or corruption;

**(d)** **Backup and Recovery**: No warranty regarding backup services or data recovery capabilities;

**(e)** **Version Control**: No warranty regarding backward compatibility or version stability;

**(f)** **Third-Party Integration**: No warranty regarding the performance or availability of third-party integrations;

**(g)** **Customisation**: No warranty that Services can be customised to meet specific requirements;

**(h)** **Scalability**: No warranty regarding scalability or ability to handle increased usage demands.

### 2.3. Content and Information Disclaimers

Regarding content and information provided through our Services:

**(a)** **Accuracy**: No warranty regarding the accuracy, truthfulness, or reliability of any content or information;

**(b)** **Completeness**: No warranty that information is complete, current, or comprehensive;

**(c)** **Professional Advice**: No warranty that content constitutes professional, legal, financial, or medical advice;

**(d)** **Suitability**: No warranty that information is suitable for any particular purpose or decision-making;

**(e)** **User-Generated Content**: No warranty regarding user-generated content or its appropriateness;

**(f)** **Third-Party Content**: No warranty regarding content from third-party sources or contributors;

**(g)** **Currency**: No warranty that information is up-to-date or reflects current circumstances;

**(h)** **Verification**: No obligation to verify the accuracy or completeness of any content or information.

### 2.4. Business and Commercial Disclaimers

For business and commercial use of our Services:

**(a)** **Business Outcomes**: No warranty regarding specific business outcomes, results, or success;

**(b)** **Revenue Generation**: No warranty that Services will generate revenue, profits, or business value;

**(c)** **Market Performance**: No warranty regarding market performance or competitive advantages;

**(d)** **Regulatory Compliance**: No warranty that Services ensure compliance with industry regulations;

**(e)** **Business Continuity**: No warranty regarding business continuity or uninterrupted operations;

**(f)** **Cost Savings**: No warranty regarding cost savings or operational efficiencies;

**(g)** **Return on Investment**: No warranty regarding return on investment or financial benefits;

**(h)** **Strategic Objectives**: No warranty that Services will help achieve strategic business objectives.

## 3. COMPREHENSIVE LIMITATION OF LIABILITY

### 3.1. Exclusion of Consequential and Indirect Damages

**TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NHCARRIGAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:**

**(a)** **Lost Profits**: Loss of actual or anticipated profits, revenue, or business opportunities;

**(b)** **Business Interruption**: Interruption of business operations, production, or services;

**(c)** **Lost Savings**: Loss of anticipated savings, cost reductions, or efficiency gains;

**(d)** **Data Loss**: Loss, corruption, or unauthorised access to data, information, or content;

**(e)** **Reputation Damage**: Damage to reputation, goodwill, or business relationships;

**(f)** **Opportunity Costs**: Lost business opportunities or competitive disadvantages;

**(g)** **Third-Party Claims**: Claims, damages, or losses imposed by third parties;

**(h)** **Personal Injury**: Personal injury, emotional distress, or mental anguish (except where prohibited by law).

### 3.2. Exclusion of Direct Damages

**TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ALSO DISCLAIM LIABILITY FOR DIRECT DAMAGES INCLUDING:**

**(a)** **Service Failures**: Damages arising from service outages, failures, or unavailability;

**(b)** **Performance Issues**: Damages from poor performance, slow response times, or system limitations;

**(c)** **Data Issues**: Damages from data inaccuracies, incompleteness, or processing errors;

**(d)** **Security Breaches**: Damages from security incidents, unauthorised access, or data breaches;

**(e)** **Integration Problems**: Damages from integration failures or compatibility issues;

**(f)** **Content Issues**: Damages from inappropriate, harmful, or inaccurate content;

**(g)** **User Errors**: Damages from user errors, misuse, or misunderstanding of Services;

**(h)** **Force Majeure**: Damages from events beyond our reasonable control.

### 3.3. Maximum Liability Cap

**IN JURISDICTIONS THAT DO NOT PERMIT COMPLETE EXCLUSION OF LIABILITY:**

**(a)** **Aggregate Liability Limit**: Our total aggregate liability for all claims shall not exceed the lesser of $100 or the amounts actually paid by you for the specific Services giving rise to liability in the 12 months immediately preceding the first claim;

**(b)** **Per-Incident Limit**: Our liability for any single incident or related series of incidents shall not exceed £50 or the monthly fee for the affected Service, whichever is greater;

**(c)** **Free Services**: For free Services, our maximum liability is limited to $100 in aggregate for all claims;

**(d)** **Time Limitation**: Liability is limited to damages incurred in the 12-month period immediately preceding the claim;

**(e)** **Proportionate Liability**: Where liability is shared, our liability is limited to our proportionate share of fault;

**(f)** **Mitigation Requirement**: Liability is contingent upon reasonable efforts to mitigate damages;

**(g)** **Insurance Coordination**: Liability limitations coordinate with available insurance coverage;

**(h)** **Currency Conversion**: All monetary limits are stated in United States Dollars with conversion at current exchange rates.

### 3.4. Liability Limitation Scope

**These liability limitations apply regardless of:**

**(a)** **Legal Theory**: Whether claims are based in contract, tort, negligence, strict liability, or any other legal theory;

**(b)** **Foreseeability**: Whether damages were foreseeable or we had knowledge of their possibility;

**(c)** **Remedy Failure**: Whether limited remedies provided elsewhere fail of their essential purpose;

**(d)** **Fault Distribution**: The degree of fault attributable to different parties;

**(e)** **Claim Multiplicity**: The number of claims or legal theories asserted;

**(f)** **Time of Occurrence**: Whether damages occurred before, during, or after Service usage;

**(g)** **Geographic Location**: The jurisdiction where damages occur or claims are brought;

**(h)** **User Classification**: Whether users are individuals, businesses, or other entities.

## 4. COMPREHENSIVE INDEMNIFICATION PROVISIONS

### 4.1. User Indemnification Obligations

**Users agree to indemnify, defend, and hold harmless NHCarrigan, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to:**

**(a)** **Service Usage**: Your use, misuse, or inability to use the Services in any manner;

**(b)** **Policy Violations**: Your violation of these terms or any other applicable policies, rules, or guidelines;

**(c)** **Legal Violations**: Your violation of any applicable laws, regulations, or third-party rights;

**(d)** **Content Liability**: Any content you submit, post, transmit, or make available through the Services;

**(e)** **Intellectual Property**: Claims that your content or usage infringes intellectual property rights;

**(f)** **Privacy Violations**: Claims arising from your collection, use, or disclosure of personal information;

**(g)** **Third-Party Interactions**: Your interactions with other users or third parties through the Services;

**(h)** **Downstream Usage**: Any use of Services by third parties through your account or authorisation.

### 4.2. Commercial and Business Indemnification

**For commercial and business users, indemnification extends to:**

**(a)** **Business Operations**: Claims arising from integration of Services into business operations;

**(b)** **Customer Interactions**: Claims from your customers or clients related to Service usage;

**(c)** **Employee Actions**: Claims arising from your employees' or contractors' use of Services;

**(d)** **Regulatory Violations**: Claims from violation of industry regulations or professional standards;

**(e)** **Data Processing**: Claims related to data processing activities conducted through Services;

**(f)** **Commercial Content**: Claims related to commercial content, advertising, or promotional materials;

**(g)** **Competitive Activities**: Claims arising from competitive or business development activities;

**(h)** **Licensing Violations**: Claims from violation of software licences or intellectual property rights.

### 4.3. Developer and API Indemnification

**Developers and API users agree to additional indemnification for:**

**(a)** **Application Development**: Claims arising from applications built using our APIs or services;

**(b)** **End User Claims**: Claims from end users of applications or integrations;

**(c)** **Data Integration**: Claims related to data integration, processing, or storage activities;

**(d)** **Security Incidents**: Claims arising from security vulnerabilities in integrated applications;

**(e)** **Performance Issues**: Claims related to performance, availability, or functionality of integrated services;

**(f)** **Third-Party Services**: Claims arising from integration with third-party services or platforms;

**(g)** **Commercial Distribution**: Claims related to commercial distribution or monetisation of applications;

**(h)** **Compliance Failures**: Claims from failure to comply with API terms or usage restrictions.

### 4.4. Indemnification Process and Procedures

**The indemnification process includes:**

**(a)** **Notice Requirement**: We will provide prompt written notice of any claim subject to indemnification;

**(b)** **Defence Control**: We reserve the right to assume the exclusive defence and control of any matter subject to indemnification;

**(c)** **Legal Counsel**: We may select legal counsel of our choice, with costs covered by the indemnifying party;

**(d)** **Cooperation Requirement**: You agree to cooperate fully with the defence of any indemnified claim;

**(e)** **Settlement Authority**: We may settle claims with your consent, which shall not be unreasonably withheld;

**(f)** **Information Access**: You will provide all necessary information and assistance for claim defence;

**(g)** **Cost Advancement**: You may be required to advance costs and expenses for claim defence;

**(h)** **Recovery Rights**: We retain all rights to recover costs and damages from responsible parties.

## 5. RISK ALLOCATION AND USER RESPONSIBILITY

### 5.1. User Assumption of Risk

**By using our Services, users expressly acknowledge and assume the following risks:**

**(a)** **Technology Risks**: Inherent risks in using internet-based and cloud-based technologies;

**(b)** **Data Risks**: Risks of data loss, corruption, or unauthorised access inherent in digital systems;

**(c)** **Business Risks**: Risks of business interruption, competitive disadvantage, or operational challenges;

**(d)** **Security Risks**: Risks of security vulnerabilities, cyberattacks, or malicious activities;

**(e)** **Performance Risks**: Risks of performance degradation, service limitations, or capacity constraints;

**(f)** **Integration Risks**: Risks associated with integrating Services with existing systems or workflows;

**(g)** **Compliance Risks**: Risks of regulatory non-compliance or changes in legal requirements;

**(h)** **Market Risks**: Risks of market changes, competitive pressures, or business model evolution.

### 5.2. User Responsibility for Risk Management

**Users are solely responsible for:**

**(a)** **Risk Assessment**: Conducting their own risk assessment before using Services;

**(b)** **Risk Mitigation**: Implementing appropriate risk mitigation measures and controls;

**(c)** **Insurance Coverage**: Obtaining adequate insurance coverage for their activities and risks;

**(d)** **Backup and Recovery**: Implementing independent backup and disaster recovery procedures;

**(e)** **Security Measures**: Implementing appropriate security measures for their systems and data;

**(f)** **Compliance Monitoring**: Monitoring compliance with applicable laws and regulations;

**(g)** **Professional Advice**: Seeking professional advice regarding legal, technical, and business matters;

**(h)** **Contingency Planning**: Developing contingency plans for service interruptions or failures.

### 5.3. Company Risk Management Limitations

**Our risk management efforts are limited to:**

**(a)** **Reasonable Care**: Exercising reasonable care in providing Services according to industry standards;

**(b)** **Security Measures**: Implementing reasonable security measures for our systems and infrastructure;

**(c)** **Policy Compliance**: Enforcing our policies and terms to maintain service quality and security;

**(d)** **Legal Compliance**: Complying with applicable laws and regulations in our operations;

**(e)** **Insurance Maintenance**: Maintaining appropriate insurance coverage for our business operations;

**(f)** **Incident Response**: Maintaining incident response capabilities for security and operational issues;

**(g)** **Vendor Management**: Managing third-party vendors and service providers appropriately;

**(h)** **Continuous Improvement**: Continuously improving our services and risk management practices.

### 5.4. Shared Responsibility Model

**Our service relationship operates under a shared responsibility model:**

**Company Responsibilities:**
- Infrastructure security and maintenance
- Service availability and performance (subject to SLA terms)
- Data security measures for systems under our control
- Compliance with applicable laws in our operations

**User Responsibilities:**
- Appropriate use of Services according to terms and policies
- Security of user accounts, credentials, and access controls
- Compliance with applicable laws in user's jurisdiction and industry
- Risk management and mitigation for user's business operations

## 6. FORCE MAJEURE AND EXTERNAL FACTORS

### 6.1. Force Majeure Events

**We shall not be liable for any failure to perform or delay in performance due to force majeure events, including but not limited to:**

**(a)** **Natural Disasters**: Earthquakes, floods, hurricanes, volcanic eruptions, wildfires, or other natural catastrophes;

**(b)** **Human Conflicts**: Wars, terrorism, civil unrest, riots, strikes, labour disputes, or other human conflicts;

**(c)** **Government Actions**: Government orders, regulations, sanctions, trade restrictions, or other official actions;

**(d)** **Infrastructure Failures**: Power grid failures, internet backbone disruptions, telecommunications outages, or critical infrastructure failures;

**(e)** **Pandemics**: Public health emergencies, pandemics, or government-mandated closures;

**(f)** **Cyber Attacks**: Large-scale cyber attacks, distributed denial of service attacks, or other malicious activities beyond our control;

**(g)** **Third-Party Failures**: Failures of critical third-party services, suppliers, or infrastructure providers;

**(h)** **Regulatory Changes**: Sudden regulatory changes that materially affect our ability to provide Services.

### 6.2. Third-Party Dependencies

**Our Services rely on various third-party providers and dependencies, and we disclaim liability for:**

**(a)** **Cloud Providers**: Outages, performance issues, or failures of underlying cloud infrastructure providers;

**(b)** **Internet Service Providers**: Connectivity issues, routing problems, or service degradation by ISPs;

**(c)** **Payment Processors**: Payment processing failures, delays, or security incidents;

**(d)** **Content Delivery Networks**: CDN performance issues, geographical restrictions, or service limitations;

**(e)** **DNS Services**: Domain name resolution failures or DNS-related service interruptions;

**(f)** **Certificate Authorities**: SSL certificate issues, validation failures, or certificate authority problems;

**(g)** **Integration Partners**: Failures or changes in third-party services that integrate with our platforms;

**(h)** **Regulatory Authorities**: Actions by regulatory authorities that affect third-party service provision.

### 6.3. Technology Limitations

**We disclaim liability for limitations inherent in technology:**

**(a)** **Internet Architecture**: Limitations and vulnerabilities inherent in internet architecture and protocols;

**(b)** **Software Complexity**: Bugs, vulnerabilities, or limitations inherent in complex software systems;

**(c)** **Hardware Failures**: Hardware failures, capacity limitations, or performance degradation;

**(d)** **Network Congestion**: Network congestion, bandwidth limitations, or routing inefficiencies;

**(e)** **Browser Compatibility**: Variations in browser behaviour, compatibility issues, or rendering differences;

**(f)** **Device Limitations**: Limitations of user devices, operating systems, or hardware capabilities;

**(g)** **Protocol Limitations**: Limitations or vulnerabilities in communication protocols and standards;

**(h)** **Scalability Constraints**: Technical constraints that limit scalability or performance under high loads.

## 7. JURISDICTIONAL VARIATIONS AND ENFORCEABILITY

### 7.1. Jurisdictional Adaptation

**These liability limitations are designed to be enforceable across jurisdictions:**

**(a)** **Maximum Enforceability**: Limitations apply to the maximum extent permitted by applicable law in each jurisdiction;

**(b)** **Severability**: If any provision is unenforceable, the remainder shall remain in full force and effect;

**(c)** **Modification**: Limitations shall be modified as necessary to ensure enforceability while preserving intent;

**(d)** **Local Law Compliance**: Limitations comply with mandatory local law requirements while maximising protection;

**(e)** **Consumer Protection**: Special considerations for jurisdictions with strong consumer protection laws;

**(f)** **Business-to-Business**: Enhanced enforceability for business-to-business relationships;

**(g)** **International Treaties**: Compliance with international treaties and conventions affecting liability;

**(h)** **Conflict of Laws**: Clear conflict of law provisions to determine applicable liability rules.

### 7.2. Consumer Protection Considerations

**In jurisdictions with consumer protection laws:**

**(a)** **Statutory Rights**: These limitations do not affect statutory consumer rights that cannot be excluded by agreement;

**(b)** **Unfair Terms**: Limitations are drafted to avoid classification as unfair or unconscionable terms;

**(c)** **Good Faith**: All limitations are imposed in good faith and with reasonable commercial justification;

**(d)** **Transparency**: Clear and prominent disclosure of all liability limitations;

**(e)** **Proportionality**: Limitations are proportionate to the nature of Services provided;

**(f)** **Alternative Remedies**: Provision of alternative remedies where complete exclusion is not permitted;

**(g)** **Consumer Education**: Educational materials to help consumers understand limitation implications;

**(h)** **Regulatory Compliance**: Compliance with consumer protection regulations and guidance.

### 7.3. Business and Commercial Enforceability

**For business and commercial relationships:**

**(a)** **Commercial Reasonableness**: All limitations are commercially reasonable and industry-standard;

**(b)** **Negotiated Terms**: Limitations reflect negotiated risk allocation between commercial parties;

**(c)** **Insurance Coordination**: Limitations coordinate with standard commercial insurance coverage;

**(d)** **Industry Practice**: Limitations align with standard industry practices and norms;

**(e)** **Risk-Benefit Analysis**: Limitations reflect appropriate risk-benefit allocation for service provision;

**(f)** **Competitive Market**: Limitations are consistent with competitive market conditions;

**(g)** **Business Justification**: Clear business justification for all liability limitations;

**(h)** **Professional Standards**: Compliance with professional standards and best practices.

### 7.4. International Enforcement

**For international service provision:**

**(a)** **Treaty Compliance**: Compliance with international treaties affecting liability and jurisdiction;

**(b)** **Cross-Border Recognition**: Structure to facilitate cross-border recognition and enforcement;

**(c)** **Choice of Law**: Clear choice of law provisions to govern liability questions;

**(d)** **Forum Selection**: Appropriate forum selection clauses for dispute resolution;

**(e)** **Enforcement Mechanisms**: Practical mechanisms for international enforcement of limitations;

**(f)** **Diplomatic Immunity**: Considerations for diplomatic immunity and sovereign immunity issues;

**(g)** **International Standards**: Alignment with international standards for liability limitation;

**(h)** **Reciprocity**: Reciprocal recognition of liability limitations across jurisdictions.

## 8. INSURANCE AND RISK TRANSFER

### 8.1. User Insurance Recommendations

**We strongly recommend that users maintain:**

**(a)** **Business Liability**: General business liability insurance appropriate for their operations;

**(b)** **Technology Insurance**: Technology errors and omissions insurance for IT-related risks;

**(c)** **Cyber Insurance**: Cyber liability insurance for data security and privacy risks;

**(d)** **Professional Indemnity**: Professional indemnity insurance for professional service providers;

**(e)** **Business Interruption**: Business interruption insurance for operational continuity;

**(f)** **Data Breach**: Specific data breach response insurance coverage;

**(g)** **International Coverage**: International insurance coverage for global business operations;

**(h)** **Industry-Specific**: Industry-specific insurance coverage for regulated sectors.

### 8.2. Risk Transfer Mechanisms

**Our liability limitations facilitate risk transfer through:**

**(a)** **Insurance Markets**: Enabling users to obtain appropriate insurance coverage for transferred risks;

**(b)** **Risk Pricing**: Allowing market-based pricing of risks through insurance mechanisms;

**(c)** **Loss Prevention**: Incentivising loss prevention and risk management measures;

**(d)** **Claims Handling**: Facilitating efficient claims handling and dispute resolution;

**(e)** **Risk Pooling**: Enabling risk pooling through insurance and other financial mechanisms;

**(f)** **Capital Markets**: Facilitating access to capital markets for risk financing;

**(g)** **Self-Insurance**: Supporting self-insurance and captive insurance arrangements;

**(h)** **Risk Sharing**: Enabling risk sharing arrangements between commercial parties.

### 8.3. Insurance Coordination

**These liability limitations coordinate with insurance coverage through:**

**(a)** **Coverage Gaps**: Identifying and addressing potential coverage gaps;

**(b)** **Deductible Management**: Coordinating with insurance deductibles and self-insured retentions;

**(c)** **Claims Coordination**: Facilitating coordination between multiple insurance policies;

**(d)** **Subrogation Rights**: Preserving subrogation rights for insurance carriers;

**(e)** **Additional Insured**: Provisions for additional insured status where appropriate;

**(f)** **Waiver of Subrogation**: Coordinated waivers of subrogation between parties and insurers;

**(g)** **Primary and Excess**: Coordination between primary and excess insurance coverage;

**(h)** **International Coverage**: Coordination of coverage across multiple jurisdictions and policies.

## 9. SURVIVAL AND ENFORCEMENT

### 9.1. Survival of Provisions

**The following provisions survive termination of any agreement or relationship:**

**(a)** **Liability Limitations**: All liability limitations and disclaimers remain in effect permanently;

**(b)** **Indemnification**: All indemnification obligations continue for events occurring before termination;

**(c)** **Warranty Disclaimers**: All warranty disclaimers remain effective for all prior service provision;

**(d)** **Risk Allocation**: Risk allocation provisions continue to apply to pre-termination activities;

**(e)** **Force Majeure**: Force majeure protections apply to events before, during, and after termination;

**(f)** **Insurance Provisions**: Insurance-related provisions continue as necessary for coverage coordination;

**(g)** **Dispute Resolution**: Dispute resolution procedures continue for all claims and disputes;

**(h)** **Governing Law**: Governing law and jurisdiction provisions continue to apply to all matters.

### 9.2. Enforcement Mechanisms

**These limitations are enforceable through:**

**(a)** **Contractual Terms**: Express contractual terms in all user agreements and terms of service;

**(b)** **Click-Through Acceptance**: Click-through acceptance mechanisms for online services;

**(c)** **Notice Provisions**: Prominent notice and disclosure of all liability limitations;

**(d)** **Separate Agreement**: Separate acknowledgement agreements for high-risk activities;

**(e)** **Professional Advice**: Requirements for professional legal advice in certain circumstances;

**(f)** **Renewal Confirmations**: Periodic renewal and confirmation of limitation acceptance;

**(g)** **Legal Documentation**: Comprehensive legal documentation supporting enforceability;

**(h)** **Compliance Monitoring**: Ongoing monitoring of compliance with limitation requirements.

### 9.3. Amendment and Modification

**These liability limitations may be amended only through:**

**(a)** **Written Agreement**: Express written agreement signed by authorised representatives;

**(b)** **Formal Process**: Formal amendment process with appropriate notice and acceptance;

**(c)** **Legal Review**: Review by qualified legal counsel before any modifications;

**(d)** **Insurance Consultation**: Consultation with insurance providers regarding coverage impacts;

**(e)** **Risk Assessment**: Comprehensive risk assessment of proposed modifications;

**(f)** **Board Approval**: Board approval for significant changes to fundamental risk allocation;

**(g)** **Documentation**: Comprehensive documentation of all changes and their rationale;

**(h)** **User Notice**: Appropriate notice to users of any changes affecting their obligations or rights.

### 9.4. Integration and Interpretation

**These provisions shall be interpreted and applied as follows:**

**(a)** **Broad Construction**: Liability limitations shall be construed broadly to maximise protection;

**(b)** **Cumulative Effect**: All limitations are cumulative and mutually reinforcing;

**(c)** **Consistent Interpretation**: Consistent interpretation across all related agreements and policies;

**(d)** **Good Faith**: All provisions are made and shall be interpreted in good faith;

**(e)** **Commercial Reasonableness**: Interpretation consistent with commercial reasonableness;

**(f)** **Industry Standards**: Interpretation consistent with industry standards and best practices;

**(g)** **Legal Precedent**: Consideration of relevant legal precedent and case law;

**(h)** **Regulatory Guidance**: Consideration of applicable regulatory guidance and interpretation.

## 10. CONTACT INFORMATION AND LEGAL SUPPORT

### 10.1. Legal and Liability Questions

For questions about liability limitations and legal matters:

**Email:** legal@nhcarrigan.com

**Subject Line:** Liability and Legal Inquiry - [Brief Description]

**Response Time:** Within 7-10 business days for legal inquiries

**Legal Counsel:** All complex legal matters are reviewed by qualified legal counsel

### 10.2. Claims and Disputes

For claims potentially subject to liability limitations:

**Email:** claims@nhcarrigan.com

**Subject Line:** Legal Claim - [Claim Type]

**Notice Requirement:** Formal notice required for all claims seeking damages

**Response Time:** Within 7-10 business days for claim acknowledgement

### 10.3. Insurance and Risk Management

For insurance and risk management coordination:

**Email:** risk@nhcarrigan.com

**Subject Line:** Insurance and Risk Matter

**Coverage Questions:** Questions about insurance coverage and risk transfer

**Response Time:** Within 7-10 business days for insurance-related inquiries

### 10.4. Emergency Legal Matters

For urgent legal matters requiring immediate attention:

**Email:** legal-emergency@nhcarrigan.com

**Subject Line:** URGENT LEGAL MATTER - [Brief Description]

**Phone:** Emergency contact information available to qualified legal representatives

**Response Time:** Within 7-10 business days for all legal matters

---

*This Limitation of Liability and Indemnification Policy provides comprehensive legal protection through risk allocation, liability limitations, and indemnification provisions. By using our Services, you acknowledge and agree to these terms and understand their legal implications. For questions about liability matters, please contact us at legal@nhcarrigan.com.*
