No Warranties; Limitation of Liability. THE WEBSITE AND THE CONTENT ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE TERMS OF USE, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY EDUCATION DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.
No Warranties; Limitation of Liability. XXXXXX.XXX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE ANY GOODS OR SERVICES PROVIDED BY THIS AGREEMENT. EXCEPT WITH RESPECT TO A BREACH BY EITHER PARTY OF ITS OBLIGATIONS DESCRIBED IN SECTION 3 ON THE FIRST PAGE OF THIS AGREEMENT OR SECTION 2 OF THESE ADDITIONAL TERMS AND CONDITIONS, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
No Warranties; Limitation of Liability. FACILITY PROCEDURES, METHODS AND TOOLS ARE LIMITED IN PURPOSE AND EXPERIMENTAL. SERVICES ARE PERFORMED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT. THE FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES OR INJURY TO PERSONS OR PROPERTY RESULTING FROM USE OF THE FACILITY, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES.
No Warranties; Limitation of Liability. 6.1 Use of these WSRN services is at the subscriber's sole risk. The City provides WSRN Services on an “as is” basis. Neither WSRN members, nor the City, its officers, employees, vendors, or third-party service providers (collectively as used in this section 6, “Seattle”) makes any express or implied representation or warranty of any kind with respect to WSRN Services. By way of example and not of limitation, there is no representation or warranty (a) that WSRN Services will be uninterrupted or error- free, (b) that the results obtained from using WSRN Services will be accurate, reliable, complete or current, or (c) of merchantability or fitness for a particular purpose. WSRN Services and information related thereto are subject to change without prior notice.
No Warranties; Limitation of Liability. SERVICE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, HEREUNDER. SERVICE COMPANY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS, WHETHER STATUTORY, ARISING FROM COURSE OF DEALING, OR OTHERWISE. IN NO EVENT SHALL SERVICE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH HEREOF, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTIONS OR OTHER ECONOMIC LOSS. THE DISCLAIMERS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF SERVICE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Warranties; Limitation of Liability. THE SOFTWARE AND SERVICES (IF ANY) ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND EXPRESSLY EXCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT.EXCLUDING EACH PARTY’S OBLIGATION OF CONFIDENTIATLITY UNDER SECTION 7, AND CUSTOMER’S BREACH OF SECTIONS 2 OR 5 OR OTHER VIOLATION OF UNRAVEL’S INTELLECTUAL PROPERTY RIGHTS, (A) EACH PARTY, ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES INCURRED BY SUCH PARTY, AND (B) THE TOTAL LIABILITY OF EACH PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $1,000 IN THE AGGREGATE.
No Warranties; Limitation of Liability. COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY USE BY CONSULTANT OF ANY COMPANY MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO CONSULTANT FOR LOST PROFITS, LOST OPPORTUNITIES OR ANY OTHER INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IRRESPECTIVE OF THE THEORY UNDER WHICH SUCH ACTION IS BROUGHT.
No Warranties; Limitation of Liability. LENDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, HEREUNDER. IN NO EVENT SHALL LENDER BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH THEREOF, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTIONS OR OTHER ECONOMIC LOSS. THE DISCLAIMERS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF LENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Warranties; Limitation of Liability. We make no representations about the quality or availability of Microsoft Advertising or anything else and exclude all warranties and guarantees (express, implied, statutory, or otherwise, including those of merchantability, fitness for a particular purpose, non-infringement, and workmanlike effort) to the greatest extent allowed under applicable law. You access and use Microsoft Advertising entirely at your own risk. All aspects of our performance and services are “as is,” “with all faults,” and “as available.” To the greatest extent allowed under applicable law, neither party is liable for any special, incidental, consequential, exemplary, punitive, or other indirect damages related to this Agreement (including for loss of data or profits), foreseeable or not, regardless of the theory of liability. The maximum, aggregate liability of either party to the other, and all third parties: (a) for all claims related to this Agreement is limited to $5,000 USD; and (b) subject to the foregoing clause (a), for any given claim is the amount paid by you to us under this Agreement for the ad campaign from which that claim arose. Nothing in this Section 5 applies to (y) your payment obligations or Section 6; or (z) either party’s liability from fraud or gross negligence.
No Warranties; Limitation of Liability. The electronic delivery system and the content are provided as is, and all warranties of any kind, past or present, whether statutory, common-law or from a course of dealing or usage of trade, including without limitation implied warranties of merchantability, fitness for a particular purpose, security and, except as may be otherwise stated in this agreement, non-infringement, are expressly disclaimed to the fullest extent permitted by law. BT does not guarantee or make any representations regarding the use or accuracy of the electronic delivery system or the content. No oral or written information or advice given by BT or its employees shall create a warranty or in any way increase the scope of BT’s obligations hereunder, and subscriber may not rely on any such information or advice. In no event shall BT be liable for any lost data, lost profits, business interruption, replacement service or other special, incidental, consequential, punitive or indirect damages, however caused and regardless of theory of liability. Exhibit B: Beyond Textbooks: Appropriate Use Policy CONTENT CRITERIA The resource or idea: • Must be congruent to the stated performance objective of the Electronic Delivery System page. • Must have been successfully used within the classroom by the teacher prior to populating the resource/idea on an Electronic Delivery System page. TECHNICAL CRITERIA The resource or idea: • Can be populated on an Electronic Delivery System page by any Vail or BT partner certified staff. • Has file attachments that are printed to PDF file (only used for iWorks documents) or archived to a ZIP file (used for all other documents) to ensure accessibility across DISTRICT computer systems. • Can be made available through the Vail School District web filter. • Is properly formatted to match the existing Electronic Delivery System page formatting. • Has file attachments, hyperlinks, media attachments, and comments that are properly linked to ensure long-term accessibility. (Please be sure to type a brief description of the resource and include your first and last name as well as your school's name.) • Is made up of, or links to, quality primary source materials. • Is free of excessive or inappropriate advertisement, unrequested pop-ups, and/or unrelated distracting content. COPYRIGHT/FAIR-USE CRITERIA • The resource being posted is being used and distributed within the rules of educational fair-use. • If the resource is copyrighted, it will only include a link to the m...
