TO THE FULL EXTENT PERMISSIBLE BY LAW, AW WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS. YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGRAWATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LAWAL THEORY, IS LIMITED TO THE LOWEST OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) THREE HUNDRED (300) US DOLLAR. THESE LIMITATIONS AND EXCLUSIONS RAWARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION. INDEMNIFICATION You agree to indemnify and hold AW, its directors and employees harmless from and against any claims, causes of action, demands, loss or damage by reason of 1. A breach of any representation, warranty or covenant hereunder 2. Any exhibition, presentation, distribution or exploitation of your Assets or any rights herein, and 3. The negligence, fault or default of you, your employees, authorized agents, servants or independent contractors hired by you, or any subcontractor hired by any of the foregoing. You shall comply with all applicable laws, ordinances, codes, and regulations which affect you, your Assets under these Terms and/or your relationship with AW. You agree to notify AW promptly, in writing, of any legal claim or action of which you have knowledge, which is in any way related to these Terms, your Assets, or your obligations hereunder. The warranties, representations and indemnifications contained herein shall survive any termination or expiration of these Terms or your relationship with AW. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by third party due to or arising out of: (1) use of the Site, (2) breach of these Terms, (3) any breach of your representations and warranties set forth in these Terms of Use, (4) your violation of the rights of a third party, including but not limited to intellectual property rights, or (5) any overt harmful act toward any other use of the Site and the Smart Contracts with whom you connected via the Site and the Smart Contracts. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.