To the fullest
extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past,
present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims,
damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs
of settlement and costs
of pursuing indemnification and insurance),
of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to,
damages to property or personal injury, that are caused by, arise out
of or are related to (a) your use or misuse
of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation
of these Terms, (e) your violation
of the rights
of another, and (f) any third party's use or misuse
of the Sites or Products provided to you.
(7) If, in the absence
of subsection (1), the owner
of an automobile, an occupant
of an automobile or a person
present at the incident would have been jointly and severally liable for
damages for pecuniary loss with one or more other persons who are not relieved
of liability by subsection (1), the other persons are liable for those
damages only to the
extent that they are at fault or negligent in respect
of those
damages.
Under Texas statute, a bartender or another person who serves, sells, or provides alcohol to a person when it is apparent that the person is intoxicated to the
extent that the person
presents a clear danger to themselves and others and the intoxication
of the person was the proximate cause
of the
damages caused then the bartender or other person providing, serving, or selling the alcohol may be held liable.