No Guarantee of Results Due to the nature of snow and ice removal, various configurations of land, property and/or driveway material, and/or the unpredictability of past, present and/or ongoing weather conditions, neither [Rinse] nor any of its affiliates and/or contractors, and/or any of their owners, employees and/or agents guarantee that some or all ice and/or snow can or will be successfully removed beyond customary performance standards. Property owners and their guests should always be aware of their surroundings and walk on or near snow, ice and/or sand with utmost attention and caution, as inherent “slip and fall” and/or associated risks are expressly assumed by such owners and their guests.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, (1) NEITHER [RINSE] NOR ANY OF ITS AFFILIATES AND/OR CONTRACTORS, AND/OR ANY OF THEIR OWNERS, EMPLOYEES AND/OR AGENTS SHALL BE LIABLE TO [USER] FOR ANY CAUSE OF ACTION EXCEPT TO THE EXTENT ARISING FROM GROSS NEGLIGENCE AND/OR WILFUL MISCONDUCT; (2) NEITHER [RINSE] NOR ANY OF ITS AFFILIATES AND/OR CONTRACTORS, AND/OR ANY OF THEIR OWNERS, EMPLOYEES AND/OR AGENTS SHALL BE LIABLE TO [USER] FOR ANY CAUSE OF ACTION EXCEPT TO THE EXTENT ARISING FROM ITS GROSS NEGLIGENCE AND/OR WILFUL MISCONDUCT; (3) NEITHER [RINSE] NOR ANY OFI TS AFFILIATES AND/OR CONTRACTORS, AND/OR ANY OF THEIR AFFILIATES, OWNERS, EMPLOYEES AND/OR AGENTS SHALL BE LIABLE TO [USER] FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, OR FOR LOSS OF GOOD WILL OR BUSINESS PROFITS, REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT AND/OR OTHERWISE, IN RELATION TO THIS AGREEMENT AND (4) THE TOTAL LIABILITY OF [RINSE] AND/OR ANY OF ITS AFFILIATES AND/OR CONTRACTORS, AND/OR ANY OF THEIR OWNERS, EMPLOYEES AND/OR AGENTS [TO USER] UNDER ANY THEORY OF RECOVERY SHALL NOT EXCEED THE AMOUNTS ACTUALLY RECEIVED BY [RINSE] FROM [USER] HEREUNDER, REGARDLESS OF THE NUMBER OR TYPE OF CLAIMS.