F. Limitation of Liability
23. By participating in the Program, each Preferred Owner accepts all responsibility for, and hereby indemnifies and holds harmless Sir Walter Chevrolet and each of the their related companies, General Motors, Maritz, and each such company’s respective officers, directors, employees, shareholders, agents, and successors, and assigns the “Released Parties”, from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Preferred Owner’s account from a third party.
24. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM. EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A PREFERRED OWNER PROVES THAT SIR WALTER CHEVROLET HAS IMPROPERLY DENIED THAT PREFERRED OWNER EARNED POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF EARNED DOLLARS. BY PARTICIPATING IN THE PROGRAM, A PREFERRED OWNER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION, AND OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH PREFERRED OWNER SPECIFICALLY WAIVES ANY BENEFIT UNDER NEW JERSEY LAW PROVIDING A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT.