TERMS AND CONDITIONS OF USE

9. Indemnification

You hereby agree to defend, indemnify and hold harmless us, our affiliates and our underlying service providers (i.e. vendors who help us provide the Services), business partners, third-party suppliers and providers, account providers, licensors, distributors and agents and our and their respective officers, directors, employees, distributors and agents from and against any claims, damages, suits, actions, demands, proceedings (whether legal or administrative), losses, liabilities, penalties, settlements and expenses (including costs and reasonable attorneys’ fees) in connection with any claim or action that

1. arises from any actual or alleged breach by you of this Agreement;
2. arises from your contacts and content, including the content or effects of any messages you distribute, websites you publish, events you host, surveys you administer, social media campaigns you publish, store content, appointments, Promotions or deals you offer, donations you collect or products or services you sell (including claims relating to violations of law, false advertising, injuries, illness, damages, death, taxes, fulfillment, breach of Offer Terms, defective products or services or unclaimed property);
3. arises from your provision of incomplete or inaccurate information to your contacts or customers;
4. arises from your activities or postings in any Community;
5. arises from your use of any Third Party Service (as defined in Section 13); or
6. otherwise arises from or relates to your use of the Service. You agree to provide HPN with prompt written notice in the event of any such claims or actions. In addition, you acknowledge and agree that HPN has the right to seek damages when you use the Service for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In the event that HPN is required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Service, HPN may, in our sole discretion, require you to reimburse HPN for its reasonable expenses associated with complying with such subpoena or order.