The Parties agree that the following provisions apply and will survive any termination of the Contract.
A. No Representation or Warranties. Except as provided in this Policy Manual, doTERRA makes no express or implied representations or warranties with respect to the doTERRA products to be provided hereunder or their condition, merchantability, fitness for any particular purpose or use by Wellness Advocates.
B. Limitation on Damages. To the fullest extent allowable by Utah law, the Parties make the following agreements with respect to any claims for damages against the Company its members, managers, directors, officers, shareholders, employees, assigns, and agents, regardless of the form of such claim (whether in tort, contract, or other):
a. The Company its members, managers, directors, officers, shareholders, employees, assigns, or agents will not be liable to Wellness Advocate for any special, indirect, incidental, punitive or consequential damages, including lost profits. This limitation applies to, but is not necessarily limited to, claims arising from or related to the operation of the Wellness Advocate’s distributorship as well as any purchase or use of doTERRA’s products.
b. Notwithstanding any statute of limitation to the contrary, the Company its members, managers, directors, officers, shareholders, employees, assigns, or agents will not be liable for any damages (regardless of their nature) for any delay or failure by the Company to perform its obligations under the Contract due to any cause beyond its reasonable control.
c. Notwithstanding any other provision of the Contract, the Company, its members, managers, directors, officers, shareholders, employees, assigns, or agents will not be liable to a Wellness Advocate for any damages in excess of the total amount of money the Company actually received from the Wellness Advocate pursuant to the terms of the Contract.
C. Indemnification. Wellness Advocate agrees to release and indemnify doTERRA from any and all liability, damages, fines, penalties, or other awards or settlements arising from, or relating to Wellness Advocate’s actions in the promotion or operation of Wellness Advocate’s independent business and any activities related to it (for example, but not limited to, the presentation of doTERRA products or Sales Compensation Plan, the operations of a motor vehicle, the lease of meeting or training facilities, the making of any unauthorized claims, the failure to comply with any applicable federal, state, or municipal law or regulation, etc.).
D. Contractual Limitation Period for Claims Against doTERRA. Notwithstanding any statute of limitations to the contrary, Wellness Advocate agrees that Wellness Advocate will not assert any claims or commence legal proceedings against doTERRA arising from or related to this Contract more than one year after doTERRA’s alleged wrongdoing that give rise to the claim. Wellness Advocate agrees that failing to bring a claim within one year from the time such alleged wrongdoing occurred shall act as a total bar against any and all claims against the Company for such alleged wrongdoing. Wellness Advocate hereby knowingly and voluntarily waives any and all claims or rights to have any other statute of limitation apply.