Common use of CIBC’s Liability Clause in Contracts

CIBC’s Liability. If you cannot use your Card for any reason we are not liable whether the reason was within our control or not. You understand and agree that, except as otherwise provided in this Agreement, and in addition to those limitations on CIBC’s liability set out elsewhere in this Agreement, we are liable to you only for direct damages resulting from our gross negligence, fraud or willful misconduct arising directly from our performance of our obligations under this Agreement; we will not be liable to you for any other direct damages. In addition, we will not under any circumstances be liable to you for any other damages, including, without limitation, indirect, incidental, special, punitive or consequential losses or damages, loss of profits, loss of revenue, loss of business opportunities, or any other foreseeable or unforeseeable loss resulting directly or indirectly out of this Agreement or the services provided to you, even if we were advised of the possibility of damages or were negligent. These limitations apply to any act or omission of CIBC, its affiliates, agents or suppliers, whether or not the act or omission would otherwise give rise to a cause of action in contract, tort, statute or any other doctrine of law. Gross negligence in this paragraph means conduct (whether through action or inaction, or through words or silence) which is (i) a marked and flagrant departure from the conduct ordinarily expected of a reasonable and prudent person in the position of CIBC, or (ii) so wanton and reckless as to constitute an utter disregard for harmful, foreseeable and avoidable consequences.

CIBC’s Liability. If We are not liable if you cannot use access your Card Account or complete a Transaction for any reason we are not liable reason, whether the reason was within our control or not. You understand and agree that, except as otherwise provided in this Agreement, and in addition to those the limitations on CIBC’s our liability set out elsewhere in this Agreement, we are liable to you only for direct damages resulting that result from our gross negligence, fraud or willful misconduct arising that arise directly from our performance of our obligations under this Agreement; we . We will not be liable to you for any other direct damages. In addition, we We will not under any circumstances be liable to you for any other damages, including, without limitation, including indirect, incidental, special, punitive or consequential losses or damages, loss of profitsprofts, loss of revenue, loss of business opportunities, or any other foreseeable or unforeseeable loss resulting directly or indirectly out of this Agreement or the services provided to you, even if we were advised of the possibility of damages or were negligent. These limitations apply to any act or omission of CIBC, its affiliatesaffliates, agents or suppliers, . These limitations apply whether or not the act or omission would otherwise give rise to a cause of action in contract, tort, statute or any other doctrine of law. Gross negligence in this paragraph means conduct (whether through action or inaction, or through words or silence) which is (i) a marked and flagrant fagrant departure from the conduct ordinarily expected of a reasonable and prudent person in the position of CIBC, or (ii) OR so wanton and reckless as to constitute an utter disregard for harmful, foreseeable and avoidable consequences.

CIBC’s Liability. If you cannot use your Card for any reason we are not liable whether the reason was within our control or not. You understand and agree that, except as otherwise provided in this Agreement, and in addition to those limitations on CIBC’s liability set out elsewhere in this Agreement and any of your agreements governing the operation of your account (an “Account Agreement”), we are liable to you only for direct damages resulting from our gross negligence, fraud or willful misconduct arising directly from our performance of our obligations under this Agreement; we will not be liable to you for any other direct damages. In addition, we will not under any circumstances be liable to you for any other damages, including, without limitation, indirect, incidental, special, punitive or consequential losses or damages, loss of profits, loss of revenue, loss of business opportunities, or any other foreseeable or unforeseeable loss resulting directly or indirectly out of this Agreement or the services Service provided to you, even if we were advised of the possibility of damages or were negligent. These limitations apply to any act or omission of CIBC, its affiliates, agents or suppliers, whether or not the act or omission would otherwise give rise to a cause of action in contract, tort, statute or any other doctrine of law. Gross negligence in this paragraph means conduct (whether through action or inaction, or through words or silence) which is (i) a marked and flagrant departure from the conduct ordinarily expected of a reasonable and prudent person in the position of CIBC, or (ii) so wanton and reckless as to constitute an utter disregard for harmful, foreseeable and avoidable consequences.