You agree and acknowledge that the entire risk, to the maximum extent permitted by law, arising out of your access to and the use of the Services and collective content, your Listings or booking of any courses via the Services, and any contact you have with other users whether online or in person remains with you. Neither SourceKode nor any other party involved in producing, creating or delivering the Services or the collective content will be liable for any special, incidental, exemplary or consequential damages, including loss of data, lost profits or loss of goodwill, computer damage, service interruption, system failure or the cost of substitute Products or Services, or for any damages for emotional distress or personal or bodily injury arising out of or in connection with these Terms and Conditions, from the use of or inability to use the Services or collective content, from any interactions, communications or meetings with other users of the Services or other persons with whom you interact or communicate as a result of your usage of the Services or from your booking of any Courses, whether based on contract, warranty, offence (including negligence), product liability or any other legal theory, and whether or not the possibility of such damage has been communicated to SourceKode, even if a limited remedy set forth herein is found to have failed of its necessary purpose.
SourceKode's collective liability, arising out of or in connection with these Terms and Conditions and your usage of the Services will in no event exceed the amounts you have paid or owe for bookings via the Services as a student in the twelve (12) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between SourceKode and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Indemnification and Release
You agree to defend, release, indemnify, and hold SourceKode and its subsidiaries and affiliates, and their directors, officers, employees and agents, harmless from and against any liabilities, damages, claims, losses, and expenses, including, without limitation, reasonable accounting and legal fees, in any way connected with or arising out of (A) your access to and/or use of the Application, Website, Services, or Collective Content or your violation of these Terms and Conditions; (B) your Member Content; and (C) your (I) interaction with any of the Members, (II) creation of a Listing, (III) booking of classes/courses or (IV) the use, condition or quality of a course, including, but not limited to any losses, injuries or damages (direct, incidental, compensatory, consequential or otherwise) of any kind arising as a result of or in connection with participating in or booking a Course or Class.