Common use of Disclaimer and Limitation of Liabilities Clause in Contracts

Disclaimer and Limitation of Liabilities. TWI WILL NOT BE RESPONSIBLE OR LIABLE FOR (i) ANY FALSIFICATIONS OR INACCURACIES IN THE MATERIAL OR THE INTERNET PAGES; (ii) NOR WILL IT HAVE ANY LIABILITY FOR ANY ACT OR FAILURE TO ACT WITH RESPECT TO THE INTERNET PAGES UNLESS EXPRESSLY SET FORTH HEREIN, OR (iii) ANY CLAIM, DAMAGE OR LIABILITY OF ANY NATURE ARISING OUT OF A CLIENT COMPUTER'S ACCESS TO PARTICIPANT'S RESERVATION SYSTEM AND/OR ANY TRANSACTION OR THE USE OF A CREDIT CARD OR OTHER DEBIT DEVISE IN CONNECTION THEREWITH, EXCEPT TO THE EXTENT RESULTING FROM THE FAILURE OF THE INTERACTIVE PORTION OF TRAVELWEB(TM) TO PERFORM PURSUANT TO THE SPECIFICATIONS (PROVIDED HOWEVER, TWI SHALL NOT BE LIABLE FOR ANY FAILURE OR DEFECT RESULTING FROM ANY THIRD PARTY SOFTWARE APPLICATION SET FORTH AS PART OF THE SPECIFICATIONS) OR FROM TWI'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, GOOD AND WORKMANLIKE PRODUCT OR SERVICE OR OTHERWISE, ARE DISCLAIMED BY TWI AND WAIVED BY PARTICIPANT.

Disclaimer and Limitation of Liabilities. TWI WILL NOT BE RESPONSIBLE OR LIABLE FOR (i) ANY FALSIFICATIONS OR INACCURACIES IN THE MATERIAL OR THE INTERNET PAGES; (ii) NOR WILL IT HAVE ANY LIABILITY FOR ANY ACT OR FAILURE TO ACT WITH RESPECT TO THE INTERNET PAGES UNLESS EXPRESSLY SET FORTH HEREIN, OR (iii) ANY CLAIM, DAMAGE OR LIABILITY OF ANY NATURE ARISING OUT OF A CLIENT COMPUTER'S ACCESS TO PARTICIPANT'S RESERVATION SYSTEM AND/OR ANY TRANSACTION OR THE USE OF A CREDIT CARD OR OTHER DEBIT DEVISE IN CONNECTION THEREWITH, EXCEPT TO THE EXTENT RESULTING FROM THE FAILURE OF THE INTERACTIVE PORTION OF TRAVELWEB(TM) TRAVELWEB TO PERFORM PURSUANT TO THE SPECIFICATIONS (PROVIDED HOWEVER, TWI SHALL NOT BE LIABLE FOR ANY FAILURE OR DEFECT RESULTING FROM ANY THIRD PARTY SOFTWARE APPLICATION SET FORTH AS PART OF THE SPECIFICATIONS) OR FROM TWI'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, GOOD AND WORKMANLIKE PRODUCT OR SERVICE OR OTHERWISE, ARE DISCLAIMED BY TWI AND WAIVED BY PARTICIPANT.