Common use of Access Interruptions Clause in Contracts

Access Interruptions. Client understands that Adviser does not guarantee that access to the website or the mobile application and account management via the website or the mobile application will be available at all times. Adviser reserves the right to suspend access to the Account without prior notice for scheduled or unscheduled system repairs or upgrades. Further, access to the website or the mobile application, and hence, the Account, may be limited or unavailable due to, among other things: market volatility, peak demand, systems upgrades, maintenance, hardware or software malfunction or failure, internet service failure or unavailability, the actions of any governmental, judicial, or regulatory body, and any unforeseeable circumstance. Client agrees that Adviser will not be liable to Client for any damages (including losses, lost opportunities, lost profits, and the cost of substitute services) relating to the use of, inability to use, disruptions or interruptions in, the lack of access to, or the operation of, or otherwise arising in connection with, the Websites, any linked websites, the mobile application. Without limiting the generality of the preceding sentence, Adviser will not be liable for the transmission of harmful data or code that may impact equipment, files, or data of you or anyone else or for the incompatibility of any equipment you own or use with technology used by Adviser. Client agrees that the Adviser make any warranty of any kind, express or implied, regarding the usability or functionality of the Adviser website, or the mobile application, or any other hardware, software, or technology used in connection with the system.