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(e) Exclusive Remedy. This Section 11.1 states Stripe’s sole liability, and your sole and exclusive <br />right and remedy, for infringement by the Stripe Technology, Services, or Marks of a Stripe <br />Entity, including any IP Claim. <br />11.2 Your Indemnification Obligations. <br />(a) Defense. You will defend the Stripe Parties against any Claim made against any of the Stripe <br />Parties to the extent arising out of or relating to: <br />(i) your breach of any of your representations, warranties or obligations under this Agreement; <br />(ii) your use of the Services, including use of Personal Data; <br />(iii) an allegation that any of the Marks you license to Stripe, or your Content , infringes on or <br />misappropriates the rights, including IP Rights, of the third party making the Claim; or <br />(iv) a User Party’s negligence, willful misconduct or fraud. <br />(b) Indemnification. You will indemnify the Stripe Parties against all Stripe Losses arising out of <br />or relating to Claims described in this Section 11.2 . <br />12. Disclaimer and Limitations on Liability. <br />The following disclaimer and limitations will apply notwithstanding the failure of the essential <br />purpose of any limited remedy. <br />12 .1 Disclaimer. <br />Stripe provides the Services and Stripe Technology “AS IS” and “AS AVAILABLE”. Except as <br />expressly stated as a “warranty” in this Agreement, and to the maximum extent permitted by <br />Law, Stripe does not make any, and expressly disclaims all, express and implied warranties <br />and statutory guarantees with respect to its performance under this Agreement, the Services, <br />Financial Partners, the Stripe Technology, Stripe Data and the Documentation, including as <br />related to availability, the implied warranties of fitness for a particular purpose, <br />merchantability and non-infringement, and the implied warranties arising out of any course of <br />dealing, course of performance or usage in trade. The Stripe Parties are not liable for any <br />losses, damages, or costs that you or others may suffer arising out of or relating to hacking, <br />tampering, or other unauthorized access or use of the Services, your Stripe Account, or <br />Protected Data, or your failure to use or implement anti-fraud or data security measures.