CorkPoint™ shall have no liability whatsoever for any claim of loss, cost, expense, damage or liability of the member or any third-person arising out of or relating to any systems failure, regardless of whether such claim is based on contract, tort, strict liability or any other theory. CorkPoint™ shall have no liability for the actual or alleged insufficient exercise of care in selecting any agents, sub-agents and/or fund members in monitoring or operating any Automated System, for any failure or delay in informing the member of any systems failure or in taking action to prevent or correct any such systems failure. In no event shall CorkPoint™ have any liability for any incidental, special or consequential damages, including, but not limited to, loss of gains or loss of use, even if CorkPoint™ were aware of the likelihood of such damages. CorkPoint™ shall have no responsibility to inform the member of (i) any decision to use, not use or cease using any automated system, (ii) the characteristics, functions, design or purpose of any automated system, or (iii) any specific risks inherent in any automated system.
The member agrees to indemnify, defend and hold harmless CorkPoint™, their agents, sub-agents and/or fund members and FOREX traders, and their respective successors and assigns from and against any liability, loss, cost or expense (including, without limitation, reasonable legal fees and expenses, costs of collection of debit balances, interest and any fines imposed by any exchange, self-regulatory organization or governmental body.)
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