Disclaimer and Limit of Liability. XXXX DEERE MAKES THE NETWORK AVAILABLE ON AN "AS IS," “AS AVAILABLE” BASIS. XXXX DEERE, ITS AFFILIATES AND THIRD PARTY SUPPLIERS EXPRESSLY DISCLAIM AND YOU EXPRESSLY WAIVE, RELEASE AND RENOUNCE ALL WARRANTIES OF XXXX DEERE, ITS AFFILIATES, AND THIRD PARTY SUPPLIERS ARISING BY LAW OR OTHERWISE WITH RESPECT TO AND INCLUDING, BUT NOT LIMITED TO: ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE; ANY WARRANTY AS TO ACCURACY OR AVAILABILITY OF THE NETWORK; ANY WARRANTY OF TITLE OR NON-INFRINGEMENT; AND ANY OTHER WARRANTY ARISING UNDER ANY THEORY OF LAW, INCLUDING TORT, NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. XXXX DEERE, ITS AFFILIATES AND THIRD-PARTY SUPPLIERS ALSO EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR INTEGRETY OF THE DATA CREATED BY OR PASSING THROUGH THE NETWORK. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, SHALL BE DEEMED TO BE A WARRANTY BY XXXX DEERE OR ANY OF ITS AFFILIATES OR THIRD PARTY SUPPLIERS. YOU ASSUME ANY WIRELESS COVERAGE RISKS. NONE OF XXXX DEERE, ITS AFFILIATES, OR ITS THIRD PARTY SUPPLIERS (INCLUDING ANY UNDERLYING WIRELESS PROVIDERS) WILL BE LIABLE TO YOU FOR ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH ANY DIMINISHED NETWORK COVERAGE, INCLUDING NETWORK OUTAGES RESULTING FROM NETWORK MAINTENANCE OR UPGRADES. UNDER NO CIRCUMSTANCES SHALL XXXX DEERE, ITS AFFILIATES OR ITS THIRD PARTY SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTIES FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR CROP LOSS, DAMAGE TO LAND, LOST PROFITS, LOSS OF BUSINESS OR LOSS OF GOODWILL, LOSS OF USE OF EQUIPMENT OR SERVICES OR DAMAGES TO BUSINESS OR REPUTATION ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF ANY ASPECT OF THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, AND WHETHER OR NOT XXXX DEERE, ITS AFFILIATES OR ITS THIRD PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF XXXX DEERE, ITS AFFILIATES AND/OR ITS THIRD PARTY SUPPLIERS EXCEED THE AMOUNT PAID BY YOU TO XXXX DEERE UNDER THIS AGREEMENT. The limitation of liability set forth above will not apply to death or personal injury resulting from Xxxx Deere's negligence to the extent such limitation of li...
Disclaimer and Limit of Liability. 6.1 No warranty
A. THIS SITE AND ANY AND ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND;
B. ACCESS TO AND USE OF THIS SITE OR ANY CONTENT OR SERVICES IS ENTIRELY AT YOUR OWN RISK AND LIABILITY
C. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HELLO XLAB DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND (WHETHER IMPLIED, EXPRESS, STATUTORY OR COLLATERAL) INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Disclaimer and Limit of Liability. This is our disclaimer of warranties related to the quality, safety, or reliability of our Services
Disclaimer and Limit of Liability. 3.1 For a User who is not a Client You understand and acknowledge that the investment results you could obtain from investment information and financial insights provided by Xxxxxxxx cannot be guaranteed and that Xxxxxxxx cannot be held responsible. All investments entail a risk of loss and that you may lose money. Investment management services may be offered to individuals who become clients, at the sole discretion of Robovise. Your election to engage our investment management services are subject to your explicit enrollment and acceptance of the separate Client Agreement and related fee schedule. You agree and understand that your use of Robovise is for educational purposes only and is not intended to provide legal, tax or financial planning advice. You agree as a User that you are responsible for your own investment research and investment decisions, that Robovise is only one of many tools you may use as part of a comprehensive investment education process, that you should not and will not rely on Robovise as the primary basis of your investment decisions and, except as otherwise provided for herein, Xxxxxxxx will not be liable for decisions/actions you take or authorize third parties to take on your behalf based on information you receive as a User of Robovise or information you otherwise see on our website.
Disclaimer and Limit of Liability. 7.1. To the extent allowed under law, we (and those that we work with to provide the services):
a) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement);
b) do not guarantee that the services will function without interruption or errors; and
c) provide the service (including content and information) on an “as is” and “as available” basis.
7.2. Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.
7.3. To the extent permitted under law (and unless we have entered into a separate written agreement that supersedes this agreement), we (and those that we work with to provide the App services) shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the App or any App services (e.g. wrong data on a Live Card, offensive or defamatory statements, down time or loss, use or changes to your information or content).
7.4. We do not represent, warrant or guarantee the currency or accuracy of public information (i.e. information contained in a Live Card), and hereby disclaim all responsibility and liability for such information.
7.5. In no event shall the liability of us (and those that we work with to create the App and provide the App services) exceed, in the aggregate for all claims, an amount that is the lesser of (a) five times the most recent monthly or yearly fee that you paid for the service, if any, or (b) AUD$50.
7.6. This limitation of liability shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if we have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
7.7. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
7.8. To the extent allowed under the law, you knowingly and freely assume all risk when using the App and the App Services. You, on behalf of yourself and your personal representatives, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify the App and its associates (including but not limited to its directors, employees, agents, affiliates, representatives, sublicenses, successors and assigns) from any and all claims, actions or losses for bodily injury, property damage, wrongful d...
Disclaimer and Limit of Liability. PDA is not licensed, nor does it have the capacity, to underwrite or guarantee the closing of the DPF or the financing of the Projects. Other than as set forth in the last sentence of this Section 6, PDA's sole liability for any of the Services which do not meet the standard set forth in Section 5, above, shall be to perform or correct such Services at its sole expense. Other than as set forth in the last sentence of this Section 6, in no event shall a party to this Agreement or its employees, shareholders, officers, directors, agents or lenders be liable for indirect or consequential damages suffered by the other party to this Agreement or its officers, directors, employees, shareholders, agents or lenders. The foregoing limitation and exclusion of liability shall not be effective in the event of a party's gross negligence, willful misconduct or bad faith, or to the extent prohibited by applicable law.
Disclaimer and Limit of Liability. To the extent allowed under law, we: (a) disclaim all implied warranties and representations; (b) do not guarantee that our services will run without interruption or errors; (c) provide our services on an “as is” and “as available” basis. To the extent allowed under law, we are not liable to you or others for any malicious or offensive behaviour by our users, any caused damages (including reputational), any misuse of our services, any violations of this XXXX or applicable law, any losses (data, revenue, profits, time, opportunities), which could arise out of or be related to our services. In the event that one or more of the provisions of this XXXX shall be found illegal or unenforceable, then such provisions shall be deemed struck and other provisions of this XXXX shall remain in full force and effect.
Disclaimer and Limit of Liability. You expressly acknowledge and agree that use of the CardNav Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the CardNav App and any services performed or provided by the CardNav App or us or our third party licensors or your financial institution are provided "as is" and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the CardNav App and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Installation and use of the CardNav App occurs across the networks of many wireless service providers. We do not operate or have any involvement or control with or over these networks or the wireless service providers. We will not be liable to you for any circumstances that interrupt, prevent or otherwise affect your ability to install and use the CardNav App. Such circumstances include, but are not limited to, the unavailability of the wireless service for any reason, network delays, a breach of security or integrity of the network or wireless service, system outages, communications failure, limitations on wireless coverage and interruption of a wireless connection. We disclaim any responsibility for any wireless service or internet service used to access the CardNav App. We and our third party licensors disclaim any responsibility for the transmission of your personal information across the networks of wireless and internet providers because neither we nor our third party licensors not control these networks. By installing and using the CardNav App you acknowledge and agree that the privacy of your personal information cannot be guaranteed and you assume full responsibility for, and hold us and our third party licensors harmless from, any losses or damage you incur as a result of the transmission of your personal information when installing or using the CardNav App. We and our third party licensors do not warrant against interference with your enjoyment of the CardNav App in any way, or that defects in the CardNav App or services will be corrected. No information or advice given by us or our representatives shall create any w...
Disclaimer and Limit of Liability. You hereby acknowledge that the allocation of risk in this Agreement reflects the price paid for the Program, and also the fact that it is not within OGL’s control how, and for what purpose, you use the program. In no event, therefore, will OGL be liable for any indirect, consequential, incidental, or special damage or loss of any kind (including, but not confined to, loss of profits, loss of contracts, business interruptions, loss or corruption of data) however caused and whether arising under contract or tort, including negligence or otherwise. If any exclusion, disclaimer, or other provision contained in this Licence is deemed to be invalid for any reason by a court of competent jurisdiction and OGL becomes liable thereby for loss or damage that could otherwise be limited, such liability whether in contract, tort or otherwise, will not exceed the amount actually paid by you for the Program. OGL does not exclude or limit its liability for death or personal injury resulting from any act or negligence perpetrated by it.
Disclaimer and Limit of Liability
