Consequential or Other Damages Clause Samples

Consequential or Other Damages. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Formdocs LLC, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Formdocs LLC's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 18 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Formdocs LLC's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this ▇▇▇▇ or for any other liability relating to the Software shall be, at Formdocs LLC's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Formdocs LLC with a copy of your receipt. You will receive the remedy elected by Formdocs LLC without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Formdocs LLC). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Formdocs LLC will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Formdocs LLC's warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by Formdocs LLC are available. To exercise your remedy, contact: Formdocs LLC /P.O. ▇▇▇ ▇▇▇/▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇.

Consequential or Other Damages. (i) IN NO EVENT SHALL EITHER PARTY HAVE LIABILITY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHICH IN ANY WAY ARISE OUT OF RELATE TO, OR ARE A CONSEQUENCE OF, THIS AGREEMENT, SUCH PARTY’S PERFORMANCE OR NONPERFORMANCE UNDER THIS AGREEMENT, OR THE PROVISION OF OR FAILURE TO PROVIDE ANY SERVICE UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR LOST PROFITS, BUSINESS INTERRUPTIONS OR ANY LOSS OF BUSINESS OR GOODWILL. (ii) IN NO EVENT SHALL THE COMPANY HAVE LIABILITY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHICH IN ANY WAY ARISE OUT OF RELATE TO, OR ARE A CONSEQUENCE OF, ANY EAP SERVICES PROVIDED TO ANY CLIENT EMPLOYEE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY HARMFUL ACTION (EITHER TO THEMSELVES OR OTHERS) OF A CLIENT EMPLOYEE WHO UTILIZED THE COMPANY’S SERVICES. (iii) IN NO EVENT SHALL THE COMPANY HAVE LIABILITY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHICH IN ANY WAY ARISE OUT OF RELATE TO, OR ARE A CONSEQUENCE OF, ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON ITS WEBSITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM CLIENT’S OR ITS EMPLOYEES ACCESS TO AND USE OF THE COMPANY’S WEBSITE, OR (C) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF CLIENT’S OR ITS EMPLOYEES USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMPANY’S WEBSITE.

Consequential or Other Damages. In no event will the UNIVERSITY or any of its affiliates, trustees, directors, officers, members, partners, principals, employees, and agents be liable to the ENTERTAINER/PERFORMER or any other person or entity for payment of any consequential, incidental, punitive or other special damages arising from a failure to perform its obligations under this Agreement, including but not limited to lost profits.

Consequential or Other Damages. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Manufacturer, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the