Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.
Appears in 10 contracts
Samples: Hosted Communications Solutions Agreement, Hosted Communications Solutions Agreement, Hosted Communications Solutions Agreement
Disclaimer and Limitation of Liability. PROVIDER EXCEPT FOR SELLER’S WARRANTIES MADE IN SECTION 5.1 HEREIN AND THE WARRANTY OF TITLE TO THE AIRCRAFT AS SET FORTH HEREIN AND IN THE WARRANTY BILL OF SALE, THE AIRCRAFT AND EACH PART THEREOF IS BEING SOLD AND DELIVERED TO PURCHASER IN “AS IS, WHERE IS, WITH ALL FAULTS” CONDITION ON THE CLOSING DATE, WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY KIND BEING MADE OR GIVEN BY SELLER, ITS SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, MANAGERS, AGENTS, EMPLOYEES OR ATTORNEYS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE AND SELLER DISCLAIMS ALL WARRANTIESEXPRESS OR IMPLIED WARRANTIES WHETHER ARISING IN LAW, EXPRESS,IMPLIEDIN EQUITY, STATUTORY IN CONTRACT OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATIONTORT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSIONIMPLIED WARRANTY OF MERCHANTABILITY, CUSTODY OR CONTROLAIRWORTHINESS, THROUGH ACCIDENTDESIGN, FRAUDULENT MEANS OR DEVICESCONDITION, OR ANY OTHER METHODFITNESS FOR A PARTICULAR USE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REGARDLESS EXCEPT FOR SELLER’S WARRANTY OF WHETHER SUCH DAMAGE OCCURS TITLE TO THE AIRCRAFT AS A RESULT SET FORTH HEREIN AND IN THE WARRANTY BILL OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATESALE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) SELLER SHALL NOT BE LIABLE OR RESPONSIBLE TO PURCHASER FOR ANY DIRECTDEFECTS, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE EITHER PATENT OR OTHER DAMAGES, LATENT IN THE AIRCRAFT OR FOR ANY COST DIRECT OR INDIRECT DAMAGE TO PERSONS OR PROPERTIES RESULTING THEREFROM OR FOR PURCHASER’S LOSS OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE USE OF OR A DEFECT DIMINUTION IN VALUE OF THE SERVICES, EQUIPMENT AIRCRAFT OR FOR ANY PRODUCT, A PROVIDER PARTYINTERRUPTION IN PURCHASER’S VIOLATION OF A THIRD PARTYBUSINESS CAUSED BY PURCHASER’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE INABILITY TO USE THE AIRCRAFT FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREASON WHATSOEVER.
Appears in 8 contracts
Samples: Aircraft Purchase Agreement (Blade Air Mobility, Inc.), Aircraft Purchase Agreement (Blade Air Mobility, Inc.), Aircraft Purchase Agreement (Blade Air Mobility, Inc.)
Disclaimer and Limitation of Liability. 9.1 EACH PARTY ACKNOWLEDGES AND AGREES (A) THAT ALL SERVICES ARE PROVIDED BY SERVICE PROVIDER DISCLAIMS ALL ON AN “AS IS” BASIS, AND (B) THAT NEITHER SERVICE PROVIDER MAKES ANY REPRESENTATIONS OR WARRANTIES, WHETHER STATUTORY, EXPRESS,, OR IMPLIED, STATUTORY TO SERVICE RECIPIENT OR ARISING FROM A COURSE ANY OF DEALING OR PERFORMANCE OR CUSTOM, ITS AFFILIATES WITH RESPECT TO THE SERVICES, EQUIPMENTANY EQUIPMENT OR MATERIALS PROVIDED UNDER THIS AGREEMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED OTHERWISE HEREUNDER, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNEROR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
9.2 NO PARTY SHALL UNDER ANY CIRCUMSTANCES BE LIABLE TO ANY OTHER PARTY FOR ANY SPECIAL, COMPLIANCE WITH LAWSINDIRECT, QUALITYINCIDENTAL, ACCURACYEXEMPLARY, COMPLETENESS PUNITIVE OR CURRENCY CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF INFORMATIONPROFITS OR REVENUE, SYSTEM INTEGRABILITYLOSS OF BUSINESS, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT LOSS OF USE OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, INTERRUPTION OF BUSINESS OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OTHERWISE) RESULTING OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATIONARISING FROM THE SERVICES, ANY PERFORMANCE OR NONPERFORMANCE OF THE SERVICES OR TERMINATION OF THE SERVICES REGARDLESS OF WHETHER SUCH DATA DAMAGES OR OTHER RELIEF ARE SOUGHT BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESTORT, OR ANY OTHER METHODLEGAL OR EQUITABLE THEORY, REGARDLESS EXCEPT TO THE EXTENT THAT ANY SUCH DAMAGES RELATE TO A CLAIM FOR INDEMNIFICATION PURSUANT TO ARTICLE 10, A BREACH OF WHETHER SUCH DAMAGE OCCURS AS A RESULT ANY OF PROVIDER’S THE CONFIDENTIALITY PROVISIONS OF THIS AGREEMENT OR ITS THE SEPARATION AGREEMENT, OR FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERAFFILIATES.
Appears in 5 contracts
Samples: Transition Services Agreement (Theravance Biopharma, Inc.), Transition Services Agreement (Theravance Biopharma, Inc.), Transition Services Agreement (Facet Biotech Corp)
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,, IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES PROVIDER DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.
Appears in 5 contracts
Samples: Hosted Communications Solutions Agreement, Hosted Communications Solutions Agreement, Hosted Communications Solutions Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY THE LAW THAT APPLIES TO YOUR JURISDICTION, EXPRESS,TELUS PROVIDES THE SERVICES AND THE CONTENT WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SERVICES OR THE CONTENT IS AT YOUR OWN RISK. TELUS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOMABOUT THE MERCHANTABILITY, WITH RESPECT TO THE SERVICESMERCHANTABLE QUALITY, EQUIPMENTQUALITY, AND ANY OTHER PROVIDER PRODUCTSACCURACY, SERVICES OR EQUIPMENT PROVIDED HEREUNDERRELIABILITY, INCLUDINGCOMPLETENESS, BUT NOT LIMITED TOCURRENCY, WARRANTIES OF MERCHANTABILITYTIMELINESS, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT INFRINGEMENT OF THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTEDTHE CONTENT. THE SERVICES AND THE CONTENT MAY INCLUDE ERRORS, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATIONOMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. TELUS DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SERVICES OR THE CONTENT. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE SERVICES AND CONTENT. EXCEPT FOR BREACH OF CONFIDENTIALITY OBLIGATIONS CONTAINED IN SECTION 8.1(A) AND (B) HEREIN, YOU AGREE THAT, WITH RESPECT TO DIRECT DAMAGES, TELUS AND TELUS’ SUPPLIERS TOTAL CUMULATIVE LIABILITY IN RESPECT OF ALL CLAIMS UNDER THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00); AND UPON EXPIRATION OR TERMINATION OF THIS AGREEMENT, YOU SHALL NOT BRING AN ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN OR THE DATE OF DISCOVERY OF SUCH DATA IN PROVIDER’S POSSESSIONCAUSE, CUSTODY OR CONTROLWHICHEVER IS LATER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THROUGH ACCIDENTYOU HEREBY AGREE THAT NEITHER TELUS NOR ITS SUPPLIERS BE LIABLE, FRAUDULENT MEANS OR DEVICESWHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER METHODLEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECTINDIRECT, ACTUAL, INDIRECTINCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT TELUS OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING RESULTING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTUSE OF, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS INABILITY TO MAKE USE OF, A FAILURE OF THE SERVICES OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERTHE CONTENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUEDThe limitation above reflects the allocation of risk between you and TELUS. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERThe limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
Appears in 3 contracts
Samples: Provider Agreement, Provider Agreement, Provider Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, TWIST MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS,, IMPLIED, STATUTORY STATUTORY, OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOMOTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT, DELIVERABLES, THE API, ADDITIONAL SERVICES, EQUIPMENT, AND OR ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT MATERIAL PROVIDED HEREUNDER. TWIST SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDINGEXPRESS AND IMPLIED, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT, PERFORMANCE IN THOSE WARRANTIES ARISING FROM A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS COURSE OF DEALING OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT USAGE OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESTRADE, OR ANY OTHER METHODWARRANTIES REGARDING NON-TWIST ITEMS, REGARDLESS OF WHETHER AND ALL SUCH DAMAGE OCCURS WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCEEXPRESSLY PROVIDED HEREIN, ANY SERVICES PROVIDED UNDER THIS AGREEMENT, DELIVERABLES, THE API, AND ADDITIONAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS TWIST’S LIABILITY ARISING UNDER THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER TO TWIST HEREUNDER IN THE TWELVE (COLLECTIVELY, “PROVIDER PARTIES”12) MONTHS PRECEDING THE CLAIM UNDER WHICH SUCH LIABILITY AROSE. IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECTCONSEQUENTIAL, ACTUALINCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUE, GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY COST OF COVER CLAIM OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF DEMAND BY ANY THIRD PARTY’S RIGHTS , HOWEVER CAUSED AND (TO THE FULLEST EXTENT PERMITTED BY LAW) UNDER ANY THIRD-THEORY OF LIABILITY (INCLUDING NEGLIGENCE) EVEN IF SUCH PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED PARTIES AGREE THAT THE AMOUNTS PAID BY CUSTOMER TO PROVIDER PAYABLE HEREUNDER ARE BASED IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES PART ON THESE LIMITATIONS, AND THESE LIMITATIONS WILL NOT BE LIABLE IN APPLY NOTWITHSTANDING ANY WAY TO FAILURE OF ESSENTIAL PURPOSE OF ANY USERLIMITED REMEDY.
Appears in 3 contracts
Samples: Supply Agreement (Soaring Eagle Acquisition Corp.), Supply Agreement (Twist Bioscience Corp), Supply Agreement (Twist Bioscience Corp)
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESTHE REGISTRANT ACKNOWLEDGES AND AGREES THAT, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICESMAXIMUM EXTENT PERMITTED BY LAW, EQUIPMENT, THE REGISTRY AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT THE REGISTRY RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE, THE DOMAIN NAME, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY THE REGISTRY RELATED PARTIES), OR OTHERWISE. ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING," DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN NAME OR LOST PROFITS OF ANY KIND SERVICES RELATED TO THE DOMAIN NAME. IN THE EVENT THAT THE REGISTRY OR NATURE WHATSOEVER, ARISING FROM OR A REGISTRY RELATED PARTY TAKES ACTION WITH RESPECT TO A REGISTRY DOMAIN NAME PURSUANT TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE REGISTRY POLICIES, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF ACKNOWLEDGED TO HAVE BEEN INCORRECT BY THE REGISTRY AND/OR A DEFECT IN REGISTRY RELATED PARTY, BY OR THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTREGISTRY COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER PARTY’S ACTS COURT, THEN REGISTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND/OR OMISSIONS. PROVIDER WILL REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF THE REGISTRY AND/OR OMISSIONS OFREGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES OR, AT THE SOLE DISCRETION OF THE REGISTRY, A FAILURE REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, THE REGISTRY AND/OR REGISTRY RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE REGISTRY TOP- LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR THE REGISTRY OR REGISTRY RELATED PARTIES’ BREACH OF THIS AGREEMENT OR NEGLIGENCE SHALL BE, AT THE SOLE DISCRETION OF THE REGISTRY OR THE REGISTRY RELATED PARTIES, THE RESUPPLY OF THE SERVICES OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO THE REGISTRY OR REGISTRY RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREGISTRANT.
Appears in 2 contracts
Samples: Registrant Agreement, Registrant Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESYOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DATA AND SERVICES (i) ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND ARE NOT GUARANTEED AND THAT NEITHER AFM, EXPRESS,IMPLIEDEXPERIAN, STATUTORY NOR THEIR SOURCES WILL BE LIABLE TO YOU FOR ANY LOSS OR ARISING FROM A COURSE DAMAGE BASED ON THE CONTENT OF DEALING THE DATA OR PERFORMANCE SERVICES OR CUSTOM, WITH RESPECT ANY ERRORS OR OMISSIONS THEREFROM; (ii) ARE SUBJECT TO THE SERVICESFOLLOWING EXCLUSION OF WARRANTY: AFM, EQUIPMENTEXPERIAN AND THEIR SOUCES DO NO GUARANTEE OR WARRANT THE ACCURACY, AND ANY OTHER PROVIDER PRODUCTSCOMPLETENESS, SERVICES OR EQUIPMENT PROVIDED HEREUNDERCURRENTNESS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF THE SERVICES DATA OR THE MEDIA ON WHICH THE DATA IS PROVIDED AND SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY AFM’S, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATAEXPERIAN’S, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO THER SOURCES’ ACTS OR ALTERATIONOMISSIONS, THEFT WHETHER NEGLIGENT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILESOTHERWISE, PROGRAMSIN PROCURING, PROCEDURES OR INFORMATIONCOMPILING, INCLUDINGCOLLECTING, WITHOUT LIMITATIONINTERPRETING, ANY SUCH DATA IN PROVIDER’S POSSESSIONREPORTING, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESCOMMUNICATING, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S DELIVERING THE DATA OR ITS SERVICE PROVIDER’S NEGLIGENCESERVICES. IN NO EVENT WILL PROVIDER SHALL RESELLER, EXPERIAN OR ITS AFFILIATETHEIR SOURCES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SERVICE PROVIDERINCIDENTAL, FACILITY OPERATOR CONSEQUENTIAL OR CARRIERSPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT, AND HOWEVER CAUSED, EVEN IF AFM, EXPERIAN, OR THEIR RESPECTIVE OWNERSSOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH STATES AFM’S, DIRECTORSEXPRESSION’S AND THEIR SOURCES’ ENTIRE LIABILITY AND THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THE PROVISION OF THE DATA AND SERVICES; (iii) IF, MANAGERSNOTWITHSTANDING THE PRIOR PARAGRAPH, OFFICERSLIABILITY CAN BE IMPOSED ON AFM, EMPLOYEES EXPERIAN, OR AGENTS (COLLECTIVELYTHEIR SOURCES, “PROVIDER PARTIES”) BE LIABLE THEN YOU AGREE THAT THE AGGREGATE LIABILITY FOR ANY DIRECTAND ALL LOSSES OR INJURIES TO YOU IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THIS AGREEMENT, ACTUALREGARLESS OF THE CAUSE OR THE LOSS OR INJURY (INCLUDING NEGLIEGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, INDIRECTSHALL NEVER EXCEED THE AMOUNT PAID TO AFM FOR THE AFFECTED SERVICES AND YOU COVENANT AND PROMISE THAT YOU WILL NOT SUE AFM, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGESEXPERIAN, OR THEIR SOURCES FOR ANY COST OF COVER OR LOST PROFITS OF AMOUNT GREATER THAN SUCH SUM AND THAT YOU WILL NOT SEEK PUNITIVE DAMAGES IN ANY KIND OR NATURE WHATSOEVERSUIT AGAINST AFM, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTEXPERIAN, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERITS SOURCES.
Appears in 2 contracts
Samples: Business Information Services Agreement, Business Information Services Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESTHE REGISTRANT ACKNOWLEDGES AND AGREES THAT, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICESMAXIMUM EXTENT PERMITTED BY LAW, EQUIPMENT, THE REGISTRY AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT THE REGISTRY RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DAMAGESDATA, OR OTHERWISE RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE THE DOMAIN NAME OR IN ANY OTHER WAY RELATED TO THE DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT(INCLUDING IN THE CASE OF NEGLIGENCE BY THE REGISTRY AND/OR REGISTRY RELATED PARTIES), OR OTHERWISE. THE REGISTRY’S LIABILITY FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION BREACH OF A THIRD PARTY’S RIGHTCONDITION OR WARRANTY IMPLIED BY ANY OF THE REGISTRY POLICIES, INCLUDING THE NAMING POLICY, ACCEPTABLE USE POLICY, REGISTRANT AGREEMENT, PRIVACY & WHOIS POLICY, AND/OR A PROVIDER PARTY’S ACTS OR OMISSIONSTHE REGISTRY–REGISTRAR AGREEMENT SHALL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE TO ONE OF THE FOLLOWING (AS THE REGISTRY MAY DETERMINE IN ITS SOLE DISCRETION:
a. SUPPLYING THE DOMAIN NAME AGAIN; OR
b. PAYING THE REASONABLE COST INCURRED OF HAVING THE SERVICES SUPPLIED AGAIN. PROVIDER WILL ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE ACTS REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM “HACKING,” DENIAL OF SERVICE ATTACK, VIRUS, WORM, OR OMISSIONS OFOTHERWISE, OR FOR LACK OF FITNESS FOR A FAILURE PARTICULAR PURPOSE OF THE DOMAIN NAME OR SERVICES RELATED TO THE DOMAIN NAME. IN THE EVENT THAT THE REGISTRY OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BYREGISTRY RELATED PARTY TAKES ACTION WITH RESPECT TO A REGISTRY DOMAIN NAME PURSUANT TO THE REGISTRY POLICIES, WHICH ACTION IS REVERSED, MODIFIED, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS ACKNOWLEDGED TO HAVE BEEN INCORRECT BY ANY THIRD-THE REGISTRY AND/OR A REGISTRY RELATED PARTY SERVICE PROVIDEROR BY A COURT, FACILITY OPERATOR THEN REGISTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND/OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER REGISTRY RELATED PARTIES WILL SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE DOMAIN NAME OR, AT THE SOLE DISCRETION OF THE REGISTRY, A REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, THE REGISTRY AND/OR REGISTRY RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTLIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, TELECOMMUNICATION FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORIZED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS - STATEMENTS IN ANY WAY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE REGISTRY TOP- LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY FOR THE REGISTRY OR REGISTRY RELATED PARTIES’ BREACH OF THIS AGREEMENT OR NEGLIGENCE OF ANY TIME SHALL BE, AT THE SOLE DISCRETION OF THE REGISTRY OR THE REGISTRY RELATED PARTIES, THE RESUPPLY OF THE DOMAIN NAME OR A REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT’S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO ANY USERTHE AMOUNT OF MONEY PAID TO THE REGISTRY OR REGISTRY RELATED PARTIES BY THE REGISTRANT.
Appears in 2 contracts
Samples: Registrant Agreement, Registrant Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS BY ACCESSING AND/OR USING THE WEBSITE, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS DISCLAIMER. YOU AGREE THAT YOUR ACCESS TO THE WEBSITE IS AT YOUR SOLE RISK AND AT YOUR FREE WILL. THE WEBSITE AND ALL WARRANTIESMATERIAL THEREIN CONTAINED ARE DISTRIBUTED AND TRANSMITTED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS AFFILIATES, EXPRESS,IMPLIEDASSOCIATES AND GROUP COMPANIES, STATUTORY THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB- CONTRACTORS, CONSULTANTS AND THIRD-•PARTY PROVIDERS:
(a) DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, FITNESS, MERCHANTABILITY, AVAILABILITY, QUALITY, FITNESS FOR ANY PURPOSE, NON-•INFRINGEMENT, COMPATIBILITY AND/OR SECURITY;
(b) ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM OR DEVICE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONNECTED WEBSITE AND DO NOT WARRANT THAT THE WEBSITE, THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE OR ANY CONNECTED WEBSITES ARE FREE FROM A COURSE VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS;
(c) ARE NOT RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF DEALING YOUR USE OF THE WEBSITE OR PERFORMANCE ANY CONNECTED WEBSITE OR CUSTOM, WITH RESPECT TO THE SERVICESMATERIAL AND USER MATERIAL THEREON; AND
(d) DO NOT WARRANT THAT THE WEBSITE, EQUIPMENTOR ANY CONNECTED WEBSITE, LINKED MICROSITES, ANY MATERIALS, THIRD-•PARTY CONTENT, SERVICES OFFERED WILL BE UNINTERRUPTED OR ERROR FREE OR ACCURATE OR SUIT YOUR PURPOSE.
(i) EVERY EFFORT IS MADE TO KEEP THE WEBSITE RUNNING SMOOTHLY. HOWEVER, THE COMPANY TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING UNAVAILABLE DUE TO ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, REASONS.
(ii) THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, COMPLETENESS ADEQUACY, COMPLETENESS, FITNESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL AND USE OF AND ACCESS TO THE WEBSITE OR CURRENCY ANY CONNECTED WEBSITE RESTS SOLELY WITH YOU.
(iii) THE WEBSITE MAY CONTAIN LINKS TO OTHER THIRD-•PARTY WEBSITES WHICH ARE NOT UNDER THE CONTROL OF INFORMATIONTHE COMPANY. ANY WEBSITE YOU VISIT BY A LINK FROM THE WEBSITE IS SOLELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDING THE WEBSITE. THE CONTENT OF, SYSTEM INTEGRABILITYINCLUDING MATERIALS AND INFORMATION CONTAINED ON, TITLEANY THIRD PARTY WEBSITE TO WHICH YOU LINK FROM THE WEBSITE IS SOLELY THE RESPONSIBILITY OF THE PROVIDER OF THAT THIRD PARTY WEBSITE. ANY TRANSACTIONS THAT YOU ENTER INTO WITH A THIRD PARTY LISTED IN THIS WEBSITE OR LINKED FROM THIS WEBSITE ARE SOLELY BETWEEN YOU AND THAT THIRD PARTY. WE ARE NOT RESPONSIBLE FOR ANY SUCH THIRD- PARTY CONTENT THAT MAY BE ACCESSED VIA THE WEBSITE, QUIET ENJOYMENT NOR THE ORGANIZATIONS PUBLISHING THOSE THIRD PARTY WEBSITES, AND NON-INFRINGEMENTHEREBY DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR SUCH CONTENT. PROVIDERDOES THE INCLUSION OF ANY LINKS DOES NOT REPRESENTCONSTITUTE OR IMPLY AN ENDORSEMENT OR RECOMMENDATION BY US OF THE THIRD-•PARTY, WARRANT OF THE QUALITY OF ANY PRODUCT OR COVENANT THAT THE PRODUCTSSERVICE, SERVICES ADVICE, INFORMATION OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTEDOTHER MATERIALS DISPLAYED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATAPURCHASED, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS OBTAINED BY YOU AS A RESULT OF PROVIDER’S AN ADVERTISEMENT OR ANY OTHER INFORMATION OR OFFER IN OR IN CONNECTION WITH THE THIRD PARTY WEBSITE.
(iv) TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATEAFFILIATES, SERVICE PROVIDERASSOCIATES AND GROUP COMPANIES, FACILITY OPERATOR OR CARRIER, OR AND THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERSKEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELYSHAREHOLDERS, “PROVIDER PARTIES”) AGENTS, REPRESENTATIVES, SUB-•CONTRACTORS, CONSULTANTS AND THIRD-•PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE LOSS AND/OR OTHER DAMAGES, DAMAGE AND/OR FOR ANY COST OF COVER OR LOST PROFITS CLAIMS OF ANY KIND (WHETHER IN CONTRACT, TORT OR NATURE WHATSOEVER, BREACH OF STATUTORY DUTY OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OUT OF OR A DEFECT IN CONNECTION WITH THE SERVICES, EQUIPMENT WEBSITE AND/OR MATERIALS AND/OR USER MATERIAL AND/OR ANY PRODUCTCONNECTED THIRD PARTY WEBSITE INCLUDING WITHOUT LIMITATION:
(a) INDIRECT OR CONSEQUENTIAL LOSS;
(b) LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS;
(c) INCIDENTAL, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTDIRECT, OR A PROVIDER PARTY’S ACTS SPECIAL LOSS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE SIMILAR DAMAGES;
(d) LOSS OF OR A DEFECT DAMAGE TO DATA;
(e) LOSS OF BUSINESS, REPUTATION OR GOODWILL; AND/OR
(f) WASTED OR LOST MANAGEMENT TIME; EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
(v) NOTWITHSTANDING THE FOREGOING, IN ANY PRODUCT NO EVENT SHALL THE COMPANY OR SERVICE PROVIDED BYITS AFFILIATES, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIESASSOCIATES AND GROUP COMPANIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT YOU FOR ANY AND ALL LOSSES, DAMAGES OR CLAIMS (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) EXCEED THE AMOUNTS AMOUNT PAID BY CUSTOMER YOU, IF ANY, FOR ACCESSING THE WEBSITE.
(vi) IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH THESE USER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO PROVIDER IN DISCONTINUE ACCESSING OR USING THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERWEBSITE.
Appears in 2 contracts
Samples: User Agreement, User Agreement
Disclaimer and Limitation of Liability. (A) EACH PARTY ACKNOWLEDGES AND AGREES (I) THAT ALL SERVICES ARE PROVIDED BY SERVICE PROVIDER DISCLAIMS ALL ON AN “AS IS” BASIS, AND (II) THAT NEITHER SERVICE PROVIDER NOR ANY MEMBER OF ITS GROUP MAKES ANY REPRESENTATIONS OR WARRANTIES, WHETHER STATUTORY, EXPRESS,, OR IMPLIED, STATUTORY TO SERVICE RECIPIENT OR ARISING FROM A COURSE ANY OF DEALING OR PERFORMANCE OR CUSTOM, ITS AFFILIATES WITH RESPECT TO THE SERVICES, EQUIPMENTANY EQUIPMENT OR MATERIALS PROVIDED UNDER THIS AGREEMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED OTHERWISE HEREUNDER, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNEROR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
(B) NO PARTY SHALL UNDER ANY CIRCUMSTANCES BE LIABLE TO ANY OTHER PARTY FOR ANY SPECIAL, COMPLIANCE WITH LAWSINDIRECT, QUALITYINCIDENTAL, ACCURACYEXEMPLARY, COMPLETENESS PUNITIVE OR CURRENCY CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF INFORMATIONPROFITS OR REVENUE, SYSTEM INTEGRABILITYLOSS OF BUSINESS, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT LOSS OF USE OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, INTERRUPTION OF BUSINESS OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OTHERWISE) RESULTING OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATIONARISING FROM THE SERVICES, ANY PERFORMANCE OR NONPERFORMANCE OF THE SERVICES OR TERMINATION OF THE SERVICES REGARDLESS OF WHETHER SUCH DATA DAMAGES OR OTHER RELIEF ARE SOUGHT BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESTORT, OR ANY OTHER METHODLEGAL OR EQUITABLE THEORY, REGARDLESS EXCEPT TO THE EXTENT THAT ANY SUCH DAMAGES RELATE TO A CLAIM FOR INDEMNIFICATION PURSUANT TO ARTICLE XI, A BREACH OF WHETHER SUCH DAMAGE OCCURS AS A RESULT ANY OF PROVIDER’S THE CONFIDENTIALITY PROVISIONS OF THIS AGREEMENT OR ITS THE SEPARATION AGREEMENT, OR FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERAFFILIATES.
Appears in 2 contracts
Samples: Transition Services Agreement (CPEX Pharmaceuticals, Inc.), Transition Services Agreement (CPEX Pharmaceuticals, Inc.)
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESEXCEPT AS TO TITLE AND FREEDOM FROM LIENS, EXPRESS,IMPLIEDTHE AIRCRAFT IS BEING SOLD AND DELIVERED TO PURCHASER IN “AS IS, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOMWHERE IS, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES ALL FAULTS” CONDITION AT TIME OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDINGDELIVERY, WITHOUT LIMITATIONANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY SUCH DATA IN PROVIDER’S POSSESSIONKIND BEING MADE OR GIVEN BY SELLER, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERSSHAREHOLDERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES AGENTS, EMPLOYEES, ATTORNEYS OR AGENTS ASSIGNS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, AND SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WHETHER ARISING IN LAW, IN EQUITY, IN CONTRACT OR IN TORT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, AIRWORTHINESS, DESIGN, CONDITION, OR FITNESS FOR A PARTICULAR USE. PURCHASER HEREBY WAIVES, RELEASES AND RENOUNCES ANY CLAIM (COLLECTIVELYINCLUDING, “PROVIDER PARTIES”WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE CAUSED BY THE AIRCRAFT OR BY PURCHASER’S LOSS OF USE THEREOF FOR ANY REASON WHATSOEVER, EXCEPT FOR ANY CLAIM ARISING OUT OF SELLER’S COVENANT OF TITLE AND FREEDOM FROM LIENS OR ENCUMBRANCES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SELLER SHALL NOT BE LIABLE OR RESPONSIBLE TO PURCHASER FOR ANY DIRECTDEFECTS, ACTUALEITHER PATENT OR LATENT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGESIN THE AIRCRAFT, OR FOR ANY COST DIRECT OR INDIRECT DAMAGE TO PERSONS OR PROPERTIES RESULTING THEREFROM, OR FOR PURCHASER’S LOSS OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE USE OF OR A DEFECT DIMINUTION IN VALUE OF THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTAIRCRAFT, OR A PROVIDER PARTYFOR ANY INTERRUPTION IN PURCHASER’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE BUSINESS CAUSED BY PURCHASER’S INABILITY TO USE THE AIRCRAFT FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREASON WHATSOEVER.
Appears in 2 contracts
Samples: Aircraft Purchase Agreement, Aircraft Purchase Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent possible, STATUTORY OR ARISING FROM DATACOM AND A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT DATACOM RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, DATACOM AND A DATACOM RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR SERVICES RELATED TO THIS AGREEMENT THE DOMAIN NAME. IN THE EVENT THAT DATACOM OR A PROVIDER PARTY’S PERFORMANCE DATACOM RELATED PARTY TAKES ACTION WITH RESPECT TO A .MN DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY DATACOM CO. LTD., A FAILURE OF DATACOM RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTDATACOM COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY’S ACTS OR OMISSIONS. PROVIDER WILL , THAT DATACOM AND DATACOM RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF A DATACOM OR OMISSIONS OFDATACOM RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF DATACOM OR DATACOM RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A FAILURE REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, DATACOM AND A DATACOM RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .MN TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF DATACOM OR DATACOM RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF DATACOM OR DATACOM RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR DATACOM OR DATACOM RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF DATACOM OR DATACOM RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO DATACOM OR DATACOM CO LTD. RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREGISTRANT.
Appears in 2 contracts
Samples: Registration Agreement, Registration Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESCOMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE TOOLS INTENDED TO BE USED BY TRAINED AND EXPERIENCED INDIVIDUALS ONLY. THEY ARE NOT SUBSTITUTES FOR YOUR TRAINED, EXPRESS,IMPLIEDEXPERIENCED AND PRACTICAL JUDGMENT. COMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE INTENDED TO ASSIST WITH ARCHITECTURAL, STATUTORY PREMISES OR ARISING FROM A COURSE PRODUCT DESIGN AND ARE NOT SUBSTITUTES FOR INDEPENDENT TESTING OF DEALING OR PERFORMANCE OR CUSTOMSTRUCTURAL INTEGRITY, WITH RESPECT ENGINEERING, SOUNDNESS, SAFETY, AND UTILITY. DUE TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES LARGE VARIETY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE POTENTIAL APPLICATIONS FOR THE ACTS OR OMISSIONS OFSOFTWARE, A FAILURE OF OR A DEFECT THE SOFTWARE HAS NOT BEEN TESTED IN ANY PRODUCT OR SERVICE PROVIDED BYALL SITUATIONS UNDER WHICH IT MAY BE USED. CHIEF ARCHITECT, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERINC. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL SHALL NOT BE LIABLE IN ANY WAY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF THE SOFTWARE AND THEIR EMPLOYEES OR CONTRACTORS WHO USE THE SOFTWARE. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND THE SELECTION OF THE SOFTWARE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS. PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY USERPROGRAM OUTPUT, INCLUDING ALL ITEMS DESIGNED OR MEASURED BY USING THE SOFTWARE. UNDER NO CIRCUMSTANCES WILL CHIEF ARCHITECT, INC., ITS DEALERS, RESELLERS, DISTRIBUTORS, OR THE LICENSORS OF THE GRAPHICAL FILES, SAMPLE DRAWINGS, AND SAMPLE PLANS BE LIABLE FOR ANY DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, DOCUMENTATION, GRAPHICAL FILES, OR THE SAMPLE DRAWINGS AND SAMPLE PLANS. CHIEF ARCHITECT, INC., ITS DEALERS, RESELLERS, DISTRIBUTORS, AND THE LICENSORS OF THE GRAPHICAL FILES, SAMPLE DRAWINGS, AND SAMPLE PLANS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AMONG OTHER THINGS, INADVERTENT DISCREPANCIES, CONSTRUCTION INTERPRETATIONS OR CONSTRUCTED RESULTS. THESE LIMITATIONS WILL APPLY EVEN IF CHIEF ARCHITECT, INC., ITS DEALERS, RESELLERS, DISTRIBUTORS, OR THE LICENSORS OF THE GRAPHICAL FILES, SAMPLE DRAWINGS, AND SAMPLE PLANS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. FURTHER, IN NO EVENT SHALL THE LIABILITY OF CHIEF ARCHITECT, INC., ITS DEALERS, RESELLERS, DISTRIBUTORS, AND THE LICENSORS OF THE GRAPHICAL FILES, SAMPLE DRAWINGS, AND SAMPLE PLANS UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO CHIEF ARCHITECT, INC. FOR THE SOFTWARE, DOCUMENTATION, GRAPHICAL FILES, AND THE SAMPLE DRAWINGS AND SAMPLE PLANS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESNOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EXPRESS,EVERYTHING PROVIDED BY WU UNDER THIS AGREEMENT IS UNDERSTOOD TO BE EXPERIMENTAL IN NATURE, MAY HAVE HAZARDOUS PROPERTIES, AND, EXCEPT AS SET FORTH IN SECTION 8, IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXXOR NON-LIKE MANNERINFRINGEMENT OF ANY THIRD-PARTY PATENT, COMPLIANCE WITH LAWSTRADEMARK, COPYRIGHT OR ANY OTHER THIRD-PARTY RIGHT. WU MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, COMMERCIAL VIABILITY OR ANY OTHER METHODASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR REGARDING THE PERFORMANCE, REGARDLESS VALIDITY, SAFETY, EFFICACY OR COMMERCIAL VIABILITY OF WHETHER SUCH DAMAGE OCCURS AS A RESULT ANYTHING PROVIDED BY WU UNDER THIS AGREEMENT. LICENSEE DOES NOT WARRANT THAT ANY LICENSED PRODUCT WILL BE SUCCESSFULLY DEVELOPED, APPROVED OR COMMERCIALIZED OR THAT ANY SALE OR LEVEL OF PROVIDERSALES WILL BE ACHIEVED PROVIDED THAT THE FOREGOING DISCLAIMER SHALL NOT RELIEVE OR WAIVE LICENSEE’S OR ITS SERVICE PROVIDER’S NEGLIGENCEDILIGENCE OBLIGATIONS UNDER THIS AGREEMENT. EXCEPT FOR THEIR RESPECTIVE INDEMNITY OBLIGATIONS, IN NO EVENT WILL PROVIDER SHALL WU OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) LICENSEE BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALSPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, SPECIALWHETHER IN BREACH OF CONTRACT, PUNITIVE TORT OR OTHERWISE, EVEN IF THE PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THEIR RESPECTIVE INDEMNITY OBLIGATIONS, EACH OF WU’S AND LICENSEE’S AGGREGATE LIABILITY TO THE OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO UNDER THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERPAYMENTS MADE OR PAYMENTS DUE UNDER THIS AGREEMENT, RESPECTIVELY.
Appears in 2 contracts
Samples: Exclusive License Agreement (Sage Therapeutics, Inc.), Exclusive License Agreement (Sage Therapeutics, Inc.)
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS 16.1 IN NO EVENT SHALL X.XXX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL WARRANTIESTHIRD PARTY SERVICE PROVIDERS, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT BE LIABLE TO THE SERVICES, EQUIPMENT, AND CUSTOMER OR ANY OTHER PROVIDER PRODUCTSPERSON OR ENTITY FOR ANY DIRECT, SERVICES OR EQUIPMENT PROVIDED HEREUNDERINDIRECT, INCLUDINGINCIDENTAL, BUT NOT LIMITED TOSPECIAL, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATAPUNITIVE, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS CONSEQUENTIAL DAMAGES, WHICH IS SUFFERED OR INCURRED IN CONNECTION WITH OR RELATING TO OR ALTERATIONTHIS ORDER OTHERWISE ARISING OUT OF THE RELATIONSHIP BETWEEN THE CUSTOMER AND X.XXX, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILESWHETHER BASED ON WARRANTY, PROGRAMSCONTRACT, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESTORT, OR ANY OTHER METHODLEGAL OR EQUITABLE THEORY, REGARDLESS AND WHETHER OR NOT X.XXX WERE AWARE OR SHOULD HAVE BEEN AWARE OF WHETHER THE POSSIBILITY OF SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S LOSS OR DAMAGE.
16.2 THE CUSTOMER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAWS, X.XXX’s TOTAL AGGREGATE LIABILITY TO THE CUSTOMER FOR ANY AND ALL LOSS IS LIMITED TO THE FEES (LESS ANY TAXES) PAID TO X.XXX BY THE CUSTOMER UNDER THE APPLICABLE ORDER IN THE 12 MONTHS PRIOR TO THE LOSS OCCURRING (LESS ANY OTHER CLAIMS PAID BY WE IN CONNECTION WITH OR RELATING TO THAT ORDER IN THAT PERIOD.)
16.3 X.XXX, ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERSOFFICERS, DIRECTORS, MANAGERSEMPLOYEES, OFFICERSAGENTS, EMPLOYEES OR AGENTS (COLLECTIVELYAND ALL THIRD PARTY SERVICE PROVIDERS, “PROVIDER PARTIES”) BE LIABLE FOR DO NOT MAKE ANY DIRECTGUARANTEE REGARDING THE AVAILABILITY, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGESPOSSIBILITY, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TIME REQUIRED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN PROVIDE THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER SERVICE NOR WILL NOT BE LIABLE FOR THE ACTS PERFORM USER DATA BACKUPS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERARCHIVES.
Appears in 2 contracts
Samples: Hosting Service Order, Hosting Service Order
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,, IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES PROVIDER DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S 'S OR A USER’S 'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S 'S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S 'S OR ITS SERVICE PROVIDER’S 'S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “"PROVIDER PARTIES”") BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S 'S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S 'S VIOLATION OF A THIRD PARTY’S 'S RIGHT, OR A PROVIDER PARTY’S 'S ACTS OR OMISSIONS. PROVIDER WILL NOT BE 12 986346.10 LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S 'S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ ' MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.
Appears in 2 contracts
Samples: Hosted Communications Solutions Agreement, Hosted Communications Solutions Agreement
Disclaimer and Limitation of Liability. PROVIDER THE RELEASE MATERIALS ARE PROVIDED "AS IS." XXXX DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS,EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED RELEASE MATERIALS DELIVERED HEREUNDER, INCLUDING, INCLUDING BUT NOT LIMITED TO, WARRANTIES TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES CUSTOMER WILL USE THE RELEASE MATERIALS AT ITS OWN RISK. XXXX WILL NOT REPRESENTBE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, WARRANT INDIRECT OR COVENANT THAT THE PRODUCTSOTHERWISE), SERVICES HOWEVER CAUSED, ARISING OUT OF OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTEDRELATING TO THIS AGREEMENT. IN NO EVENT XXXX XXXX BE LIABLE FOR LOSS OF PROFITS, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR BE SECURESPECIAL DAMAGES OF ANY KIND, EVEN IF XXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL XXXX BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, YOU OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE INCIDENTAL, COVER, RELIANCE OR OTHER CONSEQUENTIAL DAMAGES, EVEN IF XXXX SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF CLAIM BY ANY KIND OR NATURE OTHER PERSON. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, XXXX IS FOUND LIABLE TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, ARISING FROM AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR RELATED TO THIS AGREEMENT OTHERWISE), XXXX'X MAXIMUM AGGREGATE LIABILITY FOR SUCH SPECIAL OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN CONSEQUENTIAL DAMAGES EXCEED A) THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE TOTAL AMOUNT PAID BY BUYER FOR THE ACTS OR OMISSIONS OFPRODUCT -OR- B) ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LOWER, PAID AS LIQUIDATED DAMAGES AND NOT AS A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERPENALTY.
Appears in 2 contracts
Samples: End User License Agreement, Technical Data License Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES7.1. THE BLU5 PRODUCTS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. BLU5 DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE THAT THE OPERATION OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT THE SOFTWARE WILL MEET END USER’S REQUIREMENTS.
7.2. TO THE SERVICESMAXIMUM EXTENT PERMITTED BY LAW, EQUIPMENTBLU5, ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, REPRESENTATIVES AND ANY AGENTS:
(a) MAKE NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THE BLU5 PRODUCTS. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, ALL CONDITIONS, WARRANTIES AND OTHER PROVIDER PRODUCTSTERMS RELATING TO THE BLU5 PRODUCTS OR THEIR USE WHICH MIGHT BE IMPLIED BY STATUTE, SERVICES COMMON LAW OR EQUIPMENT PROVIDED HEREUNDERAT EQUITY, INCLUDING, BUT INCLUDING AND NOT LIMITED TO, TO WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, SATISFACTION, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT PURPOSE AND NON-INFRINGEMENTINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED;
(b) SHALL NOT BE RESPONSIBLE FOR ANY AND ALL LIABILITY, ANY CONSEQUENCES, CLAIMS, LIABILITY, LOSS OR DAMAGE (HOWSOEVER ARISING):
i. CAUSED BY EQUIPMENT, INTERNET SERVICE PROVIDERS, NETWORK SERVICE PROVIDERS OR THEIR AGENTS OR SUB- CONTRACTORS;
ii. PROVIDERDOES ANY COMPUTER VIRUSES OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAMME, MACROS OR OTHER SOFTWARE ROUTINE OR HARDWARE COMPONENTS DESIGNED TO PERMIT UNAUTHORISED ACCESS, WHICH MAY INTERFERE WITH OR COMPROMISE THE SECURITY WHEN USING THE SOFTWARE;
iii. ANY BREAKDOWN OR MALFUNCTION OF ANY EQUIPMENT, SYSTEM OR SOFTWARE USED IN CONNECTION WITH THE BLU5 PRODUCTS, WHETHER BELONGING TO BLU5 OR NOT, INCLUDING BUT NOT REPRESENTLIMITED TO ANY ELECTRONIC TERMINAL, WARRANT SERVER OR COVENANT THAT THE PRODUCTSSYSTEM, TELECOMMUNICATION DEVICE, CONNECTION, ELECTRICITY, POWER SUPPLY, TELECOMMUNICATION OR OTHER COMMUNICATIONS NETWORK OR SYSTEM ; AND/OR
iv. RELATING DIRECTLY OR INDIRECTLY TO ANY USE, RELIANCE, ACTION OR INACTION BY END USER OR ANY AUTHORISED USERS BASED ON INFORMATION, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTEDOTHER MATERIAL ON OR AVAILABLE THROUGH THE ACCESS OR USE OF THE BLU5 PRODUCTS.
7.3. BLU5, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERSAFFILIATES, DIRECTORS, MANAGERSSHAREHOLDERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES AND AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE SHALL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY FOR ANY LOSS OR DAMAGE WHICH MAY BE SUFFERED BY END USER OR ANY AUTHORISED USERS WHETHER THE SAME ARE SUFFERED DIRECTLY OR INDIRECTLY OR ARE IMMEDIATE OR CONSEQUENTIAL, AND WHETHER THE SAME ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE HOWSOEVER. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, THE FOLLOWING TYPES OF LOSS OR DAMAGE ARE SPECIFICALLY EXCLUDED:
(a) SPECIAL DAMAGES, EVEN IF BLU5 WAS AWARE OF THE CIRCUMSTANCES IN WHICH SUCH SPECIAL DAMAGE COULD ARISE;
(b) EXEMPLARY DAMAGES;
(c) LOSS OF PROFITS, INCOME OR REVENUE;
(d) LOSS OF ANTICIPATED SAVINGS;
(e) LOSS OF BUSINESS OR BUSINESS OPPORTUNITY;
(f) LOSS OF GOODWILL;
(g) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
(h) LOSS OR CORRUPTION OF DATA; (i) LOSS DUE TO BUSINESS INTERRUPTION; AND/OR
(j) OTHER DIRECT, ACTUAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIALOR INCIDENTAL DAMAGES. 7.4. THE AFORESAID DISCLAIMERS AND EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS BUT SHALL NOT APPLY IN RESPECT OF ANY KIND LIABILITY, LOSS OR NATURE WHATSOEVERDAMAGE RELATING TO:
(a) DEATH OR PERSONAL INJURY CAUSED BY BLU5’S NEGLIGENCE;
(b) FRAUD OR FRAUDULENT MISREPRESENTATION; OR
(c) ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED BY LAW.
7.5. WHERE THE LIABILITY OF BLU5 IS NOT OR CANNOT BE EXCLUDED, BLU5’S MAXIMUM AGGREGATE LIABILITY TO END USER AND THE AUTHORISED USERS COLLECTIVELY IN CONNECTION WITH ANY USE OR INABILITY TO USE THE BLU5 PRODUCTS, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE HOWSOEVER ARISING FROM OUT OF OR RELATED RELATING TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERXXXX, A FAILURE OF OR A DEFECT IN ANY SPECIFIC LICENCE TERMS, THE SERVICES, EQUIPMENT LICENCE AND ANY COLLATERAL CONTRACT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, PRODUCTS OR A PROVIDER PARTY’S ACTS SERVICES FURNISHED OR OMISSIONS. PROVIDER WILL NOT TO BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT FURNISHED BY BLU5 SHALL IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT NO CIRCUMSTANCES EXCEED THE AMOUNTS SUM EQUIVALENT TO THE AGGREGATE OF THE LICENCE FEES PAID BY CUSTOMER THE END USER TO PROVIDER IN BLU5 WITHIN THE THREE (3) 12 MONTHS PRECEDING THE DATE ON WHICH THE EARLIEST CLAIM ACCRUED. ARISES, SAVE THAT WHERE NO SUCH LICENCE FEES HAVE BEEN PAID OR ARE PAYABLE IN THE PROVIDER PARTIES WILL PRECEDING 12 MONTHS, BLU5’S MAXIMUM AGGREGATE LIABILITY SHALL INSTEAD NOT BE LIABLE IN ANY WAY TO ANY USER.EXCEED THE SUM OF SGD 100.00 (ONE HUNDRED SINGAPORE DOLLAR)
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, CLIENT AGREES AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT UNDERSTANDS: THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER COMPANY NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, SHAREHOLDERS, PARTNERS OR EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIESREPRESENTATIVES”) IS AN INSURER; THAT CLIENT CURRENTLY HAS AND SHALL ALWAYS MAINTAIN INSURANCE COVERING CLIENT, CLIENT’S FAMILY AND OTHERS WHO MAY BE LIABLE ON THE PREMISES FOR MEDICAL, DISABILITY, LIFE, AND PROPERTY; THAT RECOVERY FOR ALL SUCH LOSS, DAMAGE AND EXPENSE SHALL BE LIMITED TO ANY DIRECTSUCH INSURANCE COVERAGE ONLY; AND THAT COMPANY AND REPRESENTATIVES ARE RELEASED FROM ALL LIABILITY DUE TO ACTIVE OR PASSIVE SOLE, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE JOINT OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS SEVERAL NEGLIGENCE OF ANY KIND OR NATURE WHATSOEVERDEGREE, ARISING FROM THE IMPROPER OPERATION OR RELATED TO THIS AGREEMENT NON-OPERATION OF THE SYSTEMS, BREACH OF CONTRACT, EXPRESS OR A PROVIDER PARTY’S PERFORMANCE IMPLIED, BREACH OF WARRANTY, EXPRESS OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTIMPLIED, OR A PROVIDER PARTYBY LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE ANY REMOTE OR CENTRAL STATION. CLIENT ON BEHALF OF HIMSELF AND HIS INSURER, HEREBY WAIVES THE RIGHT OF RECOVERY AND SUBROGATION AGAINST THE COMPANY ITS SUCCESSORS, ASSIGNS, AGENTS, AND EMPLOYEES FOR ANY LOSS OR DAMAGE COVERED BY CLIENT’S ACTS INSURANCE. THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF COMPANY OR OMISSIONS. PROVIDER WILL NOT BE LIABLE REPRESENTATIVES FOR ANY LOSS, DAMAGE OR EXPENSE DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE WHICH OCCURS BEFORE OR AFTER THE ACTS OR OMISSIONS OFSIGNING OF THIS AGREEMENT, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BYSTRICT LIABILITY, BREACH OF WARRANTY, EXPRESS OR IMPLIED, BREACH OF CONTRACT, EXPRESS OR IMPLIED, OR VIOLATION FOR CONTRIBUTION OR INDEMNIFICATION, SUCH LIABILITY SHALL BE LIMITED TO A MAXIMUM OF ANY THIRD PARTY$10,000, COLLECTIVELY FOR COMPANY AND REPRESENTATIVES, IT BEING UNDERSTOOD AND INTENDED BY BOTH PARTIES THAT CLIENT’S RIGHTS INSURANCE SHALL COVER CLIENT’S DAMAGES. UPON REQUEST AND WITH PAYMENT OF AN ADDITIONAL FEE THIS MAXIMUM LIABILITY CAN BE INCREASED AND THE INCREASED LIMIT WILL BE SET FORTH IN A LETTER PROVIDED BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERCOMPANY.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES15.1 THE NETWORK AND ANY SERVICES OR SOFTWARE WE PROVIDE, EXPRESS,IMPLIEDAND THE USE AND RESULTS OF ANY OF THEM, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT ARE PROVIDED "AS IS". WE EXPRESSLY DISCLAIM TO THE SERVICESFULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, EQUIPMENTIMPLIED OR STATUTORY), RELATING TO THE NETWORK AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, SOFTWARE WE PROVIDE TO YOU. THIS INCLUDES IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY. WE ALSO DISCLAIM ANY WARRANTY THAT: THE NETWORK AND ANY SERVICES OR SOFTWARE WE PROVIDE WILL BE UNINTERRUPTED OR ERRORFREE; THAT DEFECTS WILL BE CORRECTED; THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT; OR REGARDING CORRECTNESS, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATIONRELIABILITY. IN PARTICULAR, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT WE MAKE NO WARRANTY THAT OUR METHODS AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS SYSTEMS FOR TRACKING TRANSACTIONS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO UNINTERRUPTED OR ALTERATIONERROR-FREE, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER AND WE WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION CONSEQUENCES OF ANY THIRD PARTY’S RIGHTS BY INTERRUPTIONS OR ERRORS. NO WARRANTY IS MADE AS TO THE ACTIONS OF ANY THIRD-PARTY SERVICE PROVIDERMERCHANTS.
15.2 Subject to paragraph 15.4, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE we will not be liable to the you for: loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of goods; loss of contract; loss of use; loss of corruption of data or information; any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; or the actions or omissions of any Merchants
15.3 Subject to paragraph 15.4, our total liability in contract, tort (3including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Agreement shall be limited to the amount of the commissions actually paid to you under the Agreement in the twelve (12) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERmonths before the date on which the claim arose.
15.4 We are not limiting any of our liability for death or personal injury, or for liability incurred as a result of fraud or fraudulent misrepresentation.
Appears in 1 contract
Samples: Affiliate Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,, IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES PROVIDER DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR KINDOR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR AGREEMENTOR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.
Appears in 1 contract
Samples: Service Agreement
Disclaimer and Limitation of Liability. PROVIDER IN NO EVENT SHALL NDTALK OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE NDTALK SERVICES, THE WEBSITES, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT NDTALK MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT NDTALK IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU, NO SITE CONTENT IS INTENDED TO SERVE AS OR SHALL BE DEEMED INVESTMENT, LEGAL, TAX, ACCOUNTING, MEDICAL OR OTHER REGULATED ADVICE, AND THAT YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF ALL SITE CONTENT AND SERVICES AND ACKNOWLEDGE THAT ANY RELIANCE UPON SITE CONTENT OR SERVICE SHALL BE ENTIRELY AT YOUR SOLE OPTION AND RISK. NDTALK DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY EXPRESS OR ARISING FROM A COURSE OF DEALING IMPLIED – AND SHALL HAVE NO LIABILITY OR PERFORMANCE OR CUSTOM, RESPONSIBILITY – IN CONNECTION WITH RESPECT TO THE ANY HEALTHCARE SERVICES, EQUIPMENTMEDICAL ADVICE, PRESCRIPTIONS OR MEDICATION RECOMMENDATIONS DELIVERED THROUGH THE SERVICE. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY OTHER PROVIDER PRODUCTSKIND, SERVICES EITHER EXPRESS OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATIONIMPLIED, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSIONIMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NDTALK AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, CUSTODY EXPRESS OR CONTROLIMPLIED, THROUGH ACCIDENTAS TO THE OWNERSHIP, FRAUDULENT MEANS OR DEVICESACCURACY, OR ADEQUACY OF THE SITE CONTENT OR SERVICES. NDTALK SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY OTHER METHODINFORMATION PUBLISHED ON LINKED WEBSITES, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. CONTAINED IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PROVIDED BY THIRD PARTIES”) . NEITHER NDTALK NOR ITS THIRD-PARTY SERVERS SHALL BE LIABLE FOR ANY DIRECTINDIRECT, ACTUAL, INDIRECTINCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DAMAGES, LOSSES OR FOR ANY COST LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF COVER THE POSSIBILITY OF SUCH DAMAGES OR LOST PROFITS LOSSES AND REGARDLESS OF ANY KIND OR NATURE WHATSOEVERTHE THEORY OF LIABILITY. To the fullest extent permitted by law, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERNDTalk, A FAILURE OF OR A DEFECT IN THE SERVICESits officers, EQUIPMENT OR ANY PRODUCTdirectors, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTshareholders, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OFemployees, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BYaffiliates and/or agents shall not be liable to you for any direct, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDERindirect, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (31) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.errors, mistakes, or inaccuracies of or in any Content;
Appears in 1 contract
Samples: Terms of Use
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES8.1 THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS,IMPLIED, STATUTORY EITHER EXPRESS OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND IMPLIED INCLUDING ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS USAGE OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCETRADE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) MOBILEKRAFT BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OTHER DAMAGES OF ANY KIND ARISING OUT OF OR NATURE WHATSOEVER, IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SOFTWARE.
8.2 IN NO EVENT WILL MOBILEKRAT’S AGGREGATE LIABILITY ARISING FROM OUT OF OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE THE SOFTWARE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCTWHETHER IN CONTRACT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTTORT (INCLUDING NEGLIGENCE), OR A PROVIDER PARTY’S ACTS OTHERWISE, EXCEED THE SOFTWARE SUBSCRIPTION CHARGES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OMISSIONSOCCURANCE GIVING RISE TO SUCH LIABILITY. PROVIDER WILL NOT BE LIABLE FOR ANY TRIAL SOFTWARE, THE ACTS OR OMISSIONS OF, A FAILURE EXTEND OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL SHOULD NOT EXCEED USD 50 (FIFTY). YOU ACKNOWLEDGE AND AGREE THAT THE AMOUNTS PAID BY CUSTOMER ESSENTIAL PURPOSE OF THIS SECTION 7.2 IS TO PROVIDER ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE CHARGES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF MOBILEKRAFT WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. MOBILEKRAFT HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE YOU THE THREE (3) MONTHS PRECEDING RIGHTS TO ACCESS AND USE THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE SOFTWARE PROVIDED FOR IN ANY WAY TO ANY USERTHESE TERMS.
Appears in 1 contract
Samples: End User Software License Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESTHE REGISTRANT ACKNOWLEDGES AND AGREES THAT, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICESMAXIMUM EXTENT PERMITTED BY LAW, EQUIPMENT, THE REGISTRY AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT THE REGISTRY RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DAMAGESDATA, OR OTHERWISE RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE THE DOMAIN NAME OR IN ANY OTHER WAY RELATED TO THE DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY THE REGISTRY AND/OR REGISTRY RELATED PARTIES), OR OTHERWISE. THE REGISTRY’S LIABILITY FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION BREACH OF A THIRD PARTY’S RIGHTCONDITION OR WARRANTY IMPLIED BY ANY OF THE REGISTRY POLICIES, INCLUDING THE NAMING POLICY, ACCEPTABLE USE POLICY, REGISTRANT AGREEMENT, PRIVACY & WHOIS POLICY, COMPLAINT RESOLUTION SERVICE, AND/OR A PROVIDER PARTY’S ACTS OR OMISSIONSTHE REGISTRY–REGISTRAR AGREEMENT SHALL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE TO ONE OF THE FOLLOWING (AS THE REGISTRY MAY DETERMINE IN ITS SOLE DISCRETION:
a. SUPPLYING THE DOMAIN NAME AGAIN; OR
b. PAYING THE REASONABLE COST INCURRED OF HAVING THE SERVICES SUPPLIED AGAIN. PROVIDER WILL ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE ACTS REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM “HACKING,” DENIAL OF SERVICE ATTACK, VIRUS, WORM, OR OMISSIONS OFOTHERWISE, OR FOR LACK OF FITNESS FOR A FAILURE PARTICULAR PURPOSE OF THE DOMAIN NAME OR SERVICES RELATED TO THE DOMAIN NAME. IN THE EVENT THAT THE REGISTRY OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BYREGISTRY RELATED PARTY TAKES ACTION WITH RESPECT TO A REGISTRY DOMAIN NAME PURSUANT TO THE REGISTRY POLICIES, WHICH ACTION IS REVERSED, MODIFIED, OR VIOLATION OF ANY THIRD ACKNOWLEDGED TO HAVE BEEN INCORRECT BY THE REGISTRY AND/OR A REGISTRY RELATED PARTY’S RIGHTS , BY ANY THIRD-PARTY SERVICE PROVIDEROR THROUGH THE REGISTRY COMPLAINT RESOLUTION SERVICE, FACILITY OPERATOR OR CARRIER. BY A COURT, THEN REGISTRANT AGREES THAT, TO THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED EXTENT PERMITTED BY LAW, THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER REGISTRY AND/OR REGISTRY RELATED PARTIES WILL SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE DOMAIN NAME OR, AT THE SOLE DISCRETION OF THE REGISTRY, A REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, THE REGISTRY AND/OR REGISTRY RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, TELECOMMUNICATION FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS- DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY WAY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE- DELEGATION OF THE REGISTRY TOP-LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY FOR THE REGISTRY OR REGISTRY RELATED PARTIES’ BREACH OF THIS AGREEMENT OR NEGLIGENCE OF ANY TIME SHALL BE, AT THE SOLE DISCRETION OF THE REGISTRY OR THE REGISTRY RELATED PARTIES, THE RESUPPLY OF THE DOMAIN NAME OR A REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT’S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO ANY USERTHE AMOUNT OF MONEY PAID TO THE REGISTRY OR REGISTRY RELATED PARTIES BY THE REGISTRANT.
Appears in 1 contract
Samples: Registrant Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESHONEYWELL AND ITS THIRD PARTY SUPPLIERS DO NOT WARRANT THAT THE SYSTEM WILL MEET THE REQUIREMENTS OF BUYER OR ANY USERS OR THAT THE OPERATION OR USE OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE. FURTHER, EXPRESS,IMPLIEDHONEYWELL AND ITS THIRD PARTY SUPPLIERS DO NOT WARRANT THAT MESSAGES, STATUTORY DATA TRANSMISSIONS OR ARISING FROM A COURSE COMMUNICATIONS THROUGH OR IN CONNECTION WITH THE SYSTEM WILL BE ACCURATELY OR SUCCESSFULLY TRANSMITTED OR RECEIVED BY USERS AND/OR BUYERS. BUYER ACKNOWLEDGES AND AGREES THAT (i) USERS MAY IGNORE OR OVERRIDE ANY SUCH MESSAGES, DATA TRANSMISSIONS OR COMMUNICATIONS AND (ii) HONEYWELL AND ITS THIRD PARTY SUPPLIERS DO NOT WARRANT THAT SUCH MESSAGES, DATA TRANSMISSIONS OR COMMUNICATIONS OR USE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE SYSTEM WILL RESULT IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS CHANGE OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT REDUCTION IN POWER USAGE BY ANY USER OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR PREVENT ANY LOSS OF DATA, POWER OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO REDUCTION IN AVAILABLE POWER OR ALTERATION, THEFT PREVENT ANY POWER SURGES OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCEPOWER SPIKES. IN NO EVENT WILL PROVIDER HONEYWELL OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) THIRD PARTY SUPPLIERS BE LIABLE FOR ANY DIRECTSPECIAL, ACTUALINCIDENTAL, INDIRECT, SPECULATIVE, REMOTE, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER EXEMPLARY DAMAGES, WHETHER ARISING OUT OF OR FOR ANY COST AS A RESULT OF COVER BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVEROTHERWISE, ARISING FROM FROM, RELATING TO OR RELATED TO CONNECTED WITH (I) THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN ADR SUPPLEMENT; (II) THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.SYSTEM;
Appears in 1 contract
Samples: Supplemental Terms
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES(A) PERFECT DOES NOT CONTROL OR REVIEW (i) ANY EVENT INFORMATION FOR ACCURACY, EXPRESS,IMPLIEDERRORS OR DUPLICATION, STATUTORY (ii) THE QUALITY OR ARISING FROM AVAILABILITY OF GOODS OR SERVICES, OR (iii) THE TERMS AND CONDITIONS ON WHICH GOODS OR SERVICES ARE OFFERED, PURCHASED, OR DELIVERED.
(B) PERFECT IS NOT A COURSE PARTY TO, THIRD PARTY BENEFICIARY OF, OR A GUARANTOR OF DEALING PERFORMANCE UNDER ANY AGREEMENT BETWEEN COMPANY AND ANY BUYER, POTENTIAL BUYER, OR PERFORMANCE OTHER THIRD PARTY.
(C) COMPANY EXPRESSLY RELEASES PERFECT OF ANY LIABILITY RELATED TO A BUYER’S, A POTENTIAL BUYER’S, OR CUSTOM, OTHER THIRD PARTY’S ELECTION TO DISCONTINUE INTERACTIONS WITH COMPANY.
(D) PERFECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDERTHE SERVICES SOFTWARE, OR THE QUALITY OF ANY GOODS OR SERVICE OFFERINGS OF ANY SITE, PERSON, OR BUSINESS TO WHICH THE SERVICES OR THE SERVICES SOFTWARE MAY BE LINKED, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A XXXXXXX-LIKE MANNERCOURSE OF DEALING OR USAGE OF TRADE.
(E) PERFECT MAKES NO WARRANTY TO YOU WITH RESPECT TO ANY PATENT, COMPLIANCE COPYRIGHT, TRADE SECRET, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT.
(F) PERFECT MAKES NO REPRESENTATIONS ON BEHALF OF PROSPECTIVE BUYERS OR PARTICIPANTS AND IS NOT RESPONSIBLE FOR ANY REPRESENTATIONS MADE BY PROSPECTIVE BUYERS OR PARTICIPANTS. RELIANCE UPON ANY COMMUNICATIONS THAT PURPORT TO MAKE ANY SUCH REPRESENTATIONS IS DONE AT YOUR OWN RISK AND SHALL NOT RESULT IN ANY LIABILITY TO PERFCT.
(G) YOU USE THE SERVICES AND THE SERVICES SOFTWARE AT YOUR OWN RISK AND NO PARTY'S LIABILITY (TOGETHER WITH LAWSTHAT OF ITS AGENTS, QUALITYMANAGERS, ACCURACYOFFICERS, COMPLETENESS OR CURRENCY OF INFORMATIONDIRECTORS, SYSTEM INTEGRABILITYREPRESENTATIVES, TITLEMEMBERS AND EMPLOYEES) TO THE OTHER PARTY FOR DAMAGES WITH RESPECT TO THIS AGREEMENT, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATASOFTWARE, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL THE SERVICES SHALL EXCEED $100,000.
(H) NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND IRRESPECTIVE OF ANY FAULT OR NEGLIGENCE, NO PARTY SHALL BE LIABLE FOR UNAUTHORIZED ACCESS ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST REVENUES, LOST SALES, LOST SAVINGS, LOST PROFITS (ANTICIPATED OR ALTERATIONACTUAL), THEFT LOSS OF USE, DOWNTIME, INJURY TO PERSONS OR DESTRUCTION DAMAGE TO PROPERTY AND CLAIMS OF CUSTOMER’S THIRD PARTIES), HOWSOEVER CAUSED, ARISING OUT OF OR A USER’S DATA FILESRELATED TO THIS AGREEMENT, PROGRAMSWHETHER OR NOT SUCH PARTY HAS BEEN APPRISED OR NOTIFIED THAT ANY SUCH DAMAGES OR LOSSES ARE POSSIBLE OR LIKELY, PROCEDURES AND WHETHER OR INFORMATIONNOT ANY PERMITTED REMEDY HAS FAILED ITS ESSENTIAL PURPOSE.
(I) THE PARTIES AGREE THAT THE LIMITATIONS IN CLAUSES (D), (E), (F), (G) AND (H) OF THIS SECTION 7 SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OF ANY SUCH DATA IN PROVIDER’S POSSESSIONKIND, CUSTODY WHETHER ACTIVE OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, PASSIVE) OR ANY OTHER METHODLEGAL OR EQUITABLE THEORY, REGARDLESS BUT SHALL NOT APPLY TO FEES OWED TO PERFECT. NOTWITHSTANDING ANY OTHER PROVISION OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATETHIS AGREEMENT, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTYSHALL NOT APPLY LIMITATIONS OF LIABILITY BETWEEN COMPANY AND POTENTIAL BUYERS SELECTED BY COMPANY FOR RECEIPT OF COMPANY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERCOMMUNICATIONS.
Appears in 1 contract
Samples: Terms of Use Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESNOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, EXPRESS,IMPLIED, STATUTORY IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ARISING FROM A COURSE OF DEALING TO ANY OTHER PERSON OR PERFORMANCE OR CUSTOM, ENTITY WITH RESPECT TO THE SERVICESANY SUBJECT MATTER OF THIS AGREEMENT, EQUIPMENTUNDER ANY EQUITY, AND COMMON LAW, TORT, CONTRACT, ESTOPPEL, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY OTHER PROVIDER PRODUCTS(A) SPECIAL, SERVICES CONSEQUENTIAL OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS INDIRECT DAMAGES OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR (B) DAMAGES RESULTING FROM LOSS OF SALE, BUSINESS, PROFITS, DATA, OPPORTUNITY OR BE SECUREGOODWILL, EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF THE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS NOTWITHSTANDING THE FOREGOING, THIS SECTION 22 SHALL NOT APPLY TO OR ALTERATION, THEFT OTHERWISE LIMIT INCIDENTIAL DAMAGES CAUSED BY SUPPLIER OR DESTRUCTION DAMAGES ARISING OUT OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT (i) SUPPLIER’S BREACH OF SECTION 9 (CONFIDENTIALITY AND PROHIBITED ACTIVITIES, (ii) A BREACH BY EITHER APPLIED OR SUPPLIER OF SECTION 11 (INTELLECTUAL PROPERTY RIGHTS), (iii) THE FRAUD OR WILLFUL MISCONDUCT OF APPLIED OR SUPPLIER, (iv) SUPPLIER’S OBLIGATIONS UNDER SECTION 23 (INDEMNITY) TO THE EXTENT THE INDEMNIFIED LIABILITIES (AS DEFINED THEREIN) ARISE FROM OR RELATE TO A PROVIDER PARTY’S PERFORMANCE CLAIM, DEMAND, SUIT, ACTION OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF PROCEEDING BROUGHT OR A DEFECT IN THE SERVICES, EQUIPMENT THREATENED TO BE BROUGHT AGAINST APPLIED BY SUPPLIER OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS (v) PERSONAL INJURY OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERPROPERTY DAMAGE.
Appears in 1 contract
Samples: Global Supply Agreement (Advanced Energy Industries Inc)
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESNOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EXPRESS,EVERYTHING PROVIDED BY XX UNDER THIS AGREEMENT IS UNDERSTOOD TO BE EXPERIMENTAL IN NATURE, MAY HAVE HAZARDOUS PROPERTIES, AND, EXCEPT AS SET FORTH IN SECTION 8, IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXXOR NON-LIKE MANNERINFRINGEMENT OF ANY THIRD-PARTY PATENT, COMPLIANCE WITH LAWSTRADEMARK, COPYRIGHT OR ANY OTHER THIRD-PARTY RIGHT. XX MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, COMMERCIAL VIABILITY OR ANY OTHER METHODASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR REGARDING THE PERFORMANCE, REGARDLESS VALIDITY, SAFETY, EFFICACY OR COMMERCIAL VIABILITY OF WHETHER SUCH DAMAGE OCCURS AS A RESULT ANYTHING PROVIDED BY XX UNDER THIS AGREEMENT. LICENSEE DOES NOT WARRANT THAT ANY LICENSED PRODUCT WILL BE SUCCESSFULLY DEVELOPED, APPROVED OR COMMERCIALIZED OR THAT ANY SALE OR LEVEL OF PROVIDERSALES WILL BE ACHIEVED PROVIDED THAT THE FOREGOING DISCLAIMER SHALL NOT RELIEVE OR WAIVE LICENSEE’S OR ITS SERVICE PROVIDER’S NEGLIGENCEDILIGENCE OBLIGATIONS UNDER THIS AGREEMENT. EXCEPT FOR THEIR RESPECTIVE INDEMNITY OBLIGATIONS, IN NO EVENT WILL PROVIDER SHALL WU OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) LICENSEE BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALSPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, SPECIALWHETHER IN BREACH OF CONTRACT, PUNITIVE TORT OR OTHERWISE, EVEN IF THE PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THEIR RESPECTIVE INDEMNITY OBLIGATIONS, EACH OF WU’S AND LICENSEE’S AGGREGATE LIABILITY TO THE OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO UNDER THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERPAYMENTS MADE OR PAYMENTS DUE UNDER THIS AGREEMENT, RESPECTIVELY.
Appears in 1 contract
Samples: Exclusive License Agreement (Sage Therapeutics, Inc.)
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESNOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EXPRESS,EVERYTHING PROVIDED BY XX UNDER THIS AGREEMENT IS UNDERSTOOD TO BE EXPERIMENTAL IN NATURE, MAY HAVE HAZARDOUS PROPERTIES, AND IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXXOR NON-LIKE MANNERINFRINGEMENT OF ANY THIRD-PARTY PATENT, COMPLIANCE WITH LAWSTRADEMARK, COPYRIGHT OR ANY OTHER THIRD-PARTY RIGHT. XX AND PENN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESCOMMERCIAL VIABILITY, OR ANY OTHER METHODASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR REGARDING THE PERFORMANCE, REGARDLESS VALIDITY, SAFETY, EFFICACY, OR COMMERCIAL VIABILITY OF WHETHER SUCH DAMAGE OCCURS AS A RESULT ANYTHING PROVIDED BY XX UNDER THIS AGREEMENT. WITH THE EXCEPTION OF PROVIDERLICENSEE’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, IN NO EVENT WILL PROVIDER SHALL WU OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR LICENSEE OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) PENN BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH THE EXCEPTION OF LICENSEE’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO UNDER THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERPAYMENTS MADE OR PAYMENTS DUE UNDER THIS AGREEMENT.
Appears in 1 contract
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent possible, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO BOCRA AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT BOCRA RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, XXXXX AND BOCRA RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR SERVICES RELATED TO THIS AGREEMENT THE DOMAIN NAME. IN THE EVENT THAT BOCRA OR A PROVIDER PARTY’S PERFORMANCE BOCRA RELATED PARTY TAKES ACTION WITH RESPECT TO A .bw DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY XXXXX, A FAILURE OF BOCRA RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTBOCRA COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY’S ACTS OR OMISSIONS. PROVIDER WILL , THAT XXXXX AND BOCRA RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF BOCRA OR OMISSIONS OFBOCRA RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF BOCRA OR BOCRA RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A FAILURE REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, BOCRA AND BOCRA RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .bw TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF BOCRA OR BOCRA RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF BOCRA OR BOCRA RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR BOCRA OR BOCRA RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF BOCRA OR BOCRA RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO BOCRA OR BOCRA RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREGISTRANT.
Appears in 1 contract
Samples: Registration Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent possible, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO ANL AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT ANL RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, ANL AND ANL RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR SERVICES RELATED TO THIS AGREEMENT THE DOMAIN NAME. IN THE EVENT THAT ANL OR A PROVIDER PARTY’S PERFORMANCE ANL RELATED PARTY TAKES ACTION WITH RESPECT TO A .gs DOMAIN NAME, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY ANL, A FAILURE OF ANL RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTANL COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY’S ACTS OR OMISSIONS. PROVIDER WILL , THAT ANL AND ANL RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF ANL OR OMISSIONS OFANL RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF ANL OR ANL RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A FAILURE REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, ANL AND ANL RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS- STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .gs TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF ANL OR ANL RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF ANL OR ANL RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR ANL OR ANL RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF ANL OR ANL RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO ANL OR ANL RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREGISTRANT.
Appears in 1 contract
Samples: Registrant Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES75.1 Our obligations under this Agreement do not constitute personal obligations of our directors, EXPRESS,IMPLIEDofficers, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOMshareholders, WITH RESPECT partners, members, employees, Associates, Representatives, Agents, Third Party Service Providers and/or Third Party Content providers and/or any of them.
75.2 TO THE SERVICESMAXIMUM EXTENT PERMITTED BY LAW, EQUIPMENTWE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, AND ANY OTHER PROVIDER PRODUCTSINCIDENTAL, SERVICES SPECIAL, DIRECT, OR EQUIPMENT PROVIDED HEREUNDER, INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TOTO LOST PROFITS, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS TRADING LOSSES OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT DAMAGES THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION RESULT FROM USE OR LOSS OF DATAUSE OF OUR ONLINE TRADING FACILITY AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES).
75.3 EXCEPT AS OTHERWISE REQUIRED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH WE DO NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOUR DISPUTE AND OTHER LABOUR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
75.4 ANY LIABILITY ARISING UNDER THIS AGREEMENT WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCESATISFIED SOLELY FROM THE REVENUES GENERATED HEREUNDER. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST SHALL OUR LIABILITY HEREUNDER EXCEED THE TOTAL AMOUNT OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT REVENUES GENERATED HEREUNDER IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) SIX MONTHS PRECEDING THE DATE EVENT GIVING RISE TO THE CLAIM ACCRUEDCLAIM. EVEN IF ADVISED OF THE PROVIDER PARTIES WILL NOT BE LIABLE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL IN ANY WAY TO ANY USERRESPECT OF THEIR ESSENTIAL PURPOSE.
Appears in 1 contract
Samples: Client Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESTo the fullest extent permitted by applicable law, EXPRESS,IMPLIEDRMSA hereby assigns to Buyer all of RMSA's rights under all warranties made by the manufacturer of the Equipment. BUYER EXPRESSLY ACKNOWLEDGES AND AGREES THAT WITH RESPECT TO THE EQUIPMENT, STATUTORY RMSA IS ACTING ONLY AS A DISTRIBUTOR IN THE SALE TO BUYER, AND THAT RMSA MAKES NO REPRESENTATION OR ARISING FROM A COURSE WARRANTY OF DEALING ANY KIND, EXPRESS OR PERFORMANCE IMPLIED (EITHER IN FACT OR CUSTOMBY OPERATION OF LAW), WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, PURPOSE OR ANY OTHER METHODMATTER. NO REPRESENTATIVE OF RMSA IS AUTHORIZED TO MAKE ORAL OR WRITTEN WARRANTIES, REGARDLESS PROMISES, OR REPRESENTATIONS AS TO THE EQUIPMENT AND NONE SHALL BE BINDING UPON RMSA UNLESS REDUCED TO WRITING AND SIGNED BY AN EXECUTIVE OFFICER OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCERMSA. RMSA SHALL IN NO EVENT WILL PROVIDER OR ITS AFFILIATEEVENT, SERVICE PROVIDERINCLUDING A CLAIM OF NEGLIGENCE, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUALSPECIAL, INDIRECT, CONSEQUENTIALINCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST LOSS OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO PROFITS) IN CONNECTION WITH THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE BREACH THEREOF OR, THE SALE, DELIVERY, INSTALLATION OR NONPERFORMANCE USE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONSEQUIPMENT. PROVIDER WILL BUYER AGREES THAT RMSA SHALL NOT BE LIABLE FOR THE ACTS ANY CLAIM BASED ON PRODUCTS OR OMISSIONS "STRICT" LIABILITY OR FOR PERSONAL INJURIES. RMSA MAKES NO REPRESENTATION OR WARRANTY AND DISCLAIMS ALL LIABILITY OF ANY TYPE WHATSOEVER ARISING OUT OF, A FAILURE OF OR A DEFECT IN RELATING TO, ANY PRODUCT ALLEGATION OR SERVICE PROVIDED BYDETERMINATION THAT THE EQUIPMENT, OR VIOLATION THE OPERATION OF THE EQUIPMENT, INFRINGES UPON, OR CONSTITUTES WRONGFUL USE OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDERCOPYRIGHT, FACILITY OPERATOR TRADE SECRET, PATENT OR CARRIEROTHER PROPRIETARY RIGHT. THE PROVIDER PARTIES’ MAXIMUM TOTAL RMSA DISCLAIMS LIABILITY FOR DAMAGE INCURRED IN SHIPMENT TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER OR FROM RMSA. IN THE THREE (3) MONTHS PRECEDING EVENT THAT THE DATE EQUIPMENT IS RECEIVED IN DAMAGED CONDITION, THE CLAIM ACCRUEDCARRIER SHOULD BE NOTIFIED IMMEDIATELY BY BUYER. CLAIMS FOR SUCH DAMAGE SHOULD BE FILED WITH THE PROVIDER PARTIES WILL CARRIER INVOLVED AND NOT BE LIABLE IN ANY WAY TO ANY USERWITH RMSA.
Appears in 1 contract
Samples: Standard Agreement for Purchase (Towne Services Inc)
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent possible, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO NIDS AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NIDS RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, NIDS AND NIDS RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR SERVICES RELATED TO THIS AGREEMENT THE DOMAIN NAME. IN THE EVENT THAT NIDS OR A PROVIDER PARTY’S PERFORMANCE NIDS RELATED PARTY TAKES ACTION WITH RESPECT TO A .nf DOMAIN NAME, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY NIDS, A FAILURE OF NIDS RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTNIDS COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY’S ACTS OR OMISSIONS. PROVIDER WILL , THAT NIDS AND NIDS RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF NIDS OR OMISSIONS OFNIDS RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF NIDS OR NIDS RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A FAILURE REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, NIDS AND NIDS RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE- DELEGATION OF THE .nf TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF NIDS OR NIDS RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF NIDS OR NIDS RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR NIDS OR NIDS RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF NIDS OR NIDS RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO NIDS OR NIDS RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREGISTRANT.
Appears in 1 contract
Samples: Registrant Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT WE DO NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATIONUSE OF THE SITE WILL BE UNINTERRUPTED, THEFT SECURE, OR DESTRUCTION ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED BY XXXXXXXXXX ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XXXXXXXXXX MAKES NO REPRESENTATIONS OR WARRANTIES OF CUSTOMER’S ANY KIND, EXPRESS OR A USER’S DATA FILESIMPLIED, PROGRAMS, PROCEDURES AS TO THE OPERATION OF THE SITE OR THE INFORMATION, INCLUDINGCONTENT OR MATERIALS INCLUDED ON THE SITE, WITHOUT LIMITATIONINCLUDING AS TO NON- INFRINGEMENT. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER XXXX XXXXXXXXXX OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERSOFFICERS, DIRECTORS, MANAGERSEMPLOYEES, OFFICERSAGENTS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGESPUNITIVE, EXEMPLARY, OR FOR ANY COST CONSEQUENTIAL LOSSES OR DAMAGES OF COVER WHATSOEVER KIND ARISING OUT OF ACCESS TO OR LOST PROFITS USE OF ANY KIND OR NATURE WHATSOEVERTHE SITE, ARISING FROM OR SITE- RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCTINFORMATION, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTCONTENT, OR A PROVIDER PARTY’S ACTS OR OMISSIONSMATERIALS INCLUDED ON THE SITE. PROVIDER WILL NOT BE LIABLE YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE ACTS OR OMISSIONS OFSITE, A FAILURE OF OR A DEFECT IN CONTENT, INFORMATION CONTAINED WITHIN THE SITE, ANY PRODUCT OR SERVICE PROVIDED BYLINKED SITE, OR VIOLATION ANY SERVICES USED THROUGH THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF OUR SITE AND ANY THIRD PARTY’S RIGHTS SERVICES USED BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERYOU THROUGH THE SITE IS ONE HUNDRED DOLLARS ($100.00). THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED FOREGOING LIMITATIONS APPLY EVEN IF THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. Any claims arising in connection with your use of the Site, or any services used through the Site, must be brought within one (31) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERyear of the date of the event giving rise to such action occurred.
Appears in 1 contract
Samples: Terms of Service
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, Client AGREES AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT UNDERSTANDS: THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER COMPANY NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, SHAREHOLDERS, PARTNERS OR EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIESREPRESENTATIVES”) IS AN INSURER; THAT Client CURRENTLY HAS AND SHALL ALWAYS MAINTAIN INSURANCE COVERING THE Client FOR USE OF THE SURGICAL GUIDE AND SURGICAL PLAN; THAT RECOVERY FOR ALL SUCH LOSS, DAMAGE AND EXPENSE SHALL BE LIABLE FOR LIMITED TO ANY DIRECTSUCH INSURANCE COVERAGE ONLY; AND THAT COMPANY AND REPRESENTATIVES ARE RELEASED FROM ALL LIABILITY, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES, DUE TO ACTIVE OR FOR ANY COST OF COVER PASSIVE SOLE, JOINT OR LOST PROFITS SEVERAL NEGLIGENCE OF ANY KIND OR NATURE WHATSOEVERDEGREE, ARISING FROM BREACH OF CONTRACT, EXPRESS OR RELATED TO THIS AGREEMENT IMPLIED,BREACH OF WARRANTY, EXPRESS OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTIMPLIED, OR A PROVIDER PARTYBY LOSS OR DAMAGE RESULTING FROM THE SURGICAL GUIDE AND/OR THE SURGICAL PLAN. THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF COMPANY OR REPRESENTATIVE OF THE COMPANY FOR ANY LOSS, DAMAGE OR EXPENSE DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE WHICH OCCURS BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT, PRODUCT OR STRICT LIABILITY, BREACH OF WARRANTY, EXPRESS OR IMPLIED, BREACH OF CONTRACT, EXPRESS OR IMPLIED, OR FOR CONTRIBUTION OR INDEMNIFICATION, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) COLLECTIVELY FOR COMPANY AND REPRESENTATIVES, AND THIS SHALL BE THE Client’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE SOLE AND EXCLUSIVE REMEDY REGARDLESS OF WHAT LEGAL AUTHORITY IS USED TO DETERMINE THAT THE COMPANY WAS LIABLE FOR THE ACTS INJURY OR OMISSIONS OFLOSS. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR THE LIMITATION OF LIABILITY, DISCLAIMER OR WARRANTIES OR EXCLUSION OF DAMAGES, IS ATTENDED BY THE PARTIES TO BE SEVERABLE FROM ANY OTHER PROVISION AND IS A FAILURE SEVERABLE AND INDEPENDENT ELEMENT OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY RISK ALLOCATION AND IS INTENDED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERENFORCED AS SUCH.
Appears in 1 contract
Samples: Master Surgical Guide Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESTHE PROGRAM, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE GOOGLE PRODUCTS AND SERVICES, EQUIPMENTANY COPY PROTECTION, SECURITY FEATURES AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT THE UPLOADER ARE PROVIDED HEREUNDER, INCLUDING, “AS IS” WITH NO WARRANTIES WHATSOEVER. GOOGLE AND ITS LICENSORS AND THIRD-PARTY SERVICE PROVIDERS (INCLUDING BUT NOT LIMITED TOTO TELECOMMUNICATIONS, WARRANTIES OF MERCHANTABILITYSERVER AND HOSTING SERVICES, FITNESS FOR A PARTICULAR PURPOSEPOWER SUPPLIERS, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS OTHER SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIESSERVICE PROVIDERS”) EXPRESSLY DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE PROGRAM, ANY TECHNOLOGY USED IN CONNECTION THEREWITH, THE AUTHORIZED CONTENT, TERRITORY RESTRICTION FEATURES AND TECHNOLOGY AND THE UPLOADER, THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND WARRANTIES AS TO THE PERFORMANCE OF COMPUTERS OR NETWORKS. GOOGLE, ITS LICENSORS AND SERVICE PROVIDERS MAKE NO WARRANTY THAT ANY GOOGLE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE RESULTS OR INFORMATION OBTAINED FROM USE OF GOOGLE PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE. EXCEPT FOR ANY PAYMENT OBLIGATIONS SET FORTH IN SECTION 8, IN NO EVENT SHALL GOOGLE, ITS LICENSORS AND SERVICE PROVIDERS BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU UNDERSTAND AND AGREE THAT YOU USE THE PROGRAM AND THE UPLOADER AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR AUTHORIZED CONTENT, AND FOR ANY COST DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF COVER DATA THAT RESULTS FROM THE DOWNLOAD OR LOST PROFITS USE OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERUPLOADER.
Appears in 1 contract
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS THE SITE AND INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "IS AVAILABLE," AND ALL WARRANTIES, EXPRESS,EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT ARE DISCLAIMED TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, FULLEST EXTENT PERMITTED BY LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES PROVIDED THROUGH THE SITE MAY CONTAIN BUGS, PERFORMANCE ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR LIABILITY ARISING OUT OF THE RELATIONSHIP BETWEEN YOU AND CONSUMERS AND/OR CUSTOMERS OF CREATIVE SIGNINGS. IN PARTICULAR, BUT NOT AS A XXXXXXX-LIKE MANNERLIMITATION THEREOF, COMPLIANCE WITH LAWSCREATIVE SIGNINGS AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, QUALITYSPECIAL, ACCURACYINCIDENTAL OR CONSEǪUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, COMPLETENESS LOSS OF PROFITS, LITIGATION, OR CURRENCY THE LIKE), WHETHER BASED ON BREACH OF INFORMATIONCONTRACT, SYSTEM INTEGRABILITYBREACH OF WARRANTY, TITLETORT (INCLUDING NEGLIGENCE), QUIET ENJOYMENT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CREATIVE SIGNINGS AND NON-INFRINGEMENTYOU. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTSTHIS SITE, SERVICES OR EQUIPMENT AND THE INFORMATION WOULD NOT BE PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURESUCH LIMITATIONS. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES NO ADVICE OR INFORMATION, INCLUDINGWHETHER ORAL OR WRITTEN, WITHOUT LIMITATIONOBTAINED BY YOU FROM CREATIVE SIGNINGS THROUGH THE SITE SHALL CREATE ANY WARRANTY, ANY SUCH DATA REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN PROVIDER’S POSSESSION, CUSTODY THIS AGREEMENT. ALL RESPONSIBILITY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE LIABILITY FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE CREATIVE SIGNINGS FORMS OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONSDOCUMENTS ARE DISCLAIMED. PROVIDER CREATIVE SIGNINGS WILL NOT BE LIABLE TO YOU FOR THE ACTS ANY INCIDENTAL, SPECIAL OR OMISSIONS OF, A FAILURE CONSEǪUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTYINABILITY TO USE OUR SITE. CREATIVE SIGNINGS’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER YOU UNDER ALL CIRCUMSTANCES WILL NOT EXCEED BE EǪUAL TO THE AMOUNTS AGGREGATE FEES THAT CREATIVE SIGNINGS HAS PAID BY CUSTOMER TO PROVIDER IN YOU FOR YOUR SERVICES DURING THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERTERM OF THIS AGREEMENT.
Appears in 1 contract
Samples: Independent Contractor Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY THE LICENSEE HAS THE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACK-UP OF ITS DATA USED IN CONNECTION WITH THE PRODUCTS. IN NO EVENT SHALL QUANTUM BE LIABLE TO CUSTOMER OR ARISING FROM A COURSE ANY THIRD PARTY UNDER ANY THEORY OF DEALING LIABILITY FOR LOST PROFITS AND/OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTSINDIRECT, SERVICES INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EQUIPMENT PROVIDED HEREUNDERPUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATIONHOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, ANY SUCH (I) LOSS OF REVENUE, BUSINESS OR USE; (II) LOSS OF ANTICIPATED SAVINGS; (III) LOSS OF ACTUAL OR ANTICIPATED BUSINESS AND/OR GOODS; (IV) LOSS OF GOODWILL; (V) LOSS AND/OR CORRUPTION OF DATA IN PROVIDER’S POSSESSIONAND/OR OTHER INFORMATION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS (VI) LOSS AS A RESULT OF PROVIDER’S THIRD PARTY CLAIMS; AND/OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”VII) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY THE COST OF COVER PROCURING REPLACEMENT GOODS AND/OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS AVOIDANCE OF DOUBT, THE TYPES OF LOSS AND/OR OMISSIONS OF, A FAILURE DAMAGE SPECIFIED IN (I) THROUGH (VII) SHALL NOT CONSTITUTE DIRECT LOSSES FOR THE PURPOSES OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERTHIS XXXX. THE PROVIDER PARTIES’ MAXIMUM TOTAL FOREGOING LIMITATION WILL APPLY EVEN IF QUANTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, QUANTUM’S AGGREGATE LIABILITY TO CUSTOMER WILL NOT EXCEED FOR CLAIMS ARISING FROM THE AMOUNTS PAID SOFTWARE, THE DOCUMENTATION OR THIS XXXX, WHETHER FOR BREACH, INFRINGEMENT, IN TORT, INDEMNIFICATION OR OTHERWISE, SHALL BE LIMITED TO (i) AN AMOUNT EQUAL TO THE LICENSE FEES (EXCL. TAXES) ACTUALLY RECEIVED BY CUSTOMER TO PROVIDER IN QUANTUM FOR CUSTOMER’S USE OF THE SOFTWARE DURING THE THREE (3) MONTHS MONTH PERIOD PRECEDING CUSTOMER’S INITIAL NOTICE TO QUANTUM OF ANY CLAIM OR POTENTIAL CLAIM HEREUNDER, AND (ii) IN THE DATE AGGREGATE, ALL CLAIMS COMBINED, AN AMOUNT EQUAL TO FIFTY PERCENT OF THE CLAIM ACCRUEDLICENSE FEES (EXCL TAXES) ACTUALLY RECEIVED BY QUANTUM HEREUNDER FOR CUSTOMER’S USE OF THE SOFTWARE. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERFor the avoidance of doubt, Quantum shall have no liability or responsibility for problems in the Software, Documentation or other deliverables caused by misuse or the malfunction of the network or any third party software, hardware or equipment or any other cause not attributable to Quantum. The parties acknowledge that the limitations of liability and the allocation of risk herein are an essential element of the bargain between the parties, without which Quantum would not have entered into this XXXX. Quantum’s pricing reflects this allocation of risk and the limitations of liability specified herein.
Appears in 1 contract
Samples: End User License Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, THE DIRECTORY AND ANY SERVICES PROVIDED BY FAL IN CONNECTION WITH RESPECT THIS AGREEMENT ARE SUPPLIED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE SERVICESFULLEST EXTENT UNDER APPLICABLE LAW, EQUIPMENTFAL MAKES NO, AND ANY OTHER PROVIDER PRODUCTSDISCLAIMS ALL, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT PURPOSE AND NON-INFRINGEMENT), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. PROVIDERDOES NOT REPRESENTTHE FAL LISTINGS AND FAL WEBSITE, WARRANT AND OTHER WEBSITES, DATABASES AND/OR COVENANT THAT THIRD-PARTY PROGRAMS CONTAINED WITHIN THE PRODUCTSLISTINGS, SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS AND/OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTEDOTHER LIMITATIONS. FAL HAS NO LIABILITY, ERROR FREE WHATSOEVER, TO YOU OR WITHOUT DEGRADATION ANY THIRD PARTY, FOR ANY CHANGES MADE TO THE CUSTOMER CONTENT OR LOSS TO THE YOUR WEBPAGE OR WEBSITE AS A RESULT OF DATAFAL'S ASSISTANCE IN IMPLEMENTING ANY LISTING FEATURES, ANY OTHER PARTY'S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY'S USE OF, OR BE SECUREINABILITY TO USE, FAL WEBSITES, DATABASES AND/OR PROGRAMS. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS FAL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT ANY OTHER PARTY'S SECURITY METHODS, PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY'S USE OF FAL'S WEBSITE, DATABASES AND/OR PROGRAMS WILL BE LIABLE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL FAL OR ANY PARTNER BE RESPONSIBLE FOR UNAUTHORIZED ACCESS ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATIONOTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUE OR PROFITS, EVEN IF FAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESDAMAGES. FAL WILL NOT BE LIABLE, OR ANY OTHER METHODCONSIDERED IN BREACH OF THE AGREEMENT, REGARDLESS ON ACCOUNT OF WHETHER SUCH DAMAGE OCCURS A DELAY OR FAILURE TO PERFORM UNDER THE AGREEMENT, AS A RESULT OF PROVIDER’S CAUSES OR ITS SERVICE PROVIDER’S NEGLIGENCECONDITIONS THAT ARE BEYOND FAL'S CONTROL. IN NO EVENT WILL PROVIDER OR ITS AFFILIATEADDITION, SERVICE PROVIDERAND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR FAL'S LIABILITY UNDER ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST CAUSE OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ACTION ARISING FROM OR RELATED TO IN CONNECTION WITH THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDEROTHERWISE SHALL BE LIMITED TO $100. To the extent any liability of FAL cannot be disclaimed, A FAILURE OF OR A DEFECT IN THE SERVICESexcluded or limited under applicable law, EQUIPMENT OR ANY PRODUCTsuch liability shall be disclaimed, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERexcluded and limited to the fullest extent permitted under applicable law.
Appears in 1 contract
Samples: Local Listing Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESAlthough Host has attempted to provide accurate information on the site, EXPRESS,IMPLIEDit makes no guarantee or warranty, STATUTORY express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR ARISING FROM A COURSE HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, ANY KIND AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, AND ALL WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS PURPOSE OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENTINFRINGEMENT ARE SPECIFICALLY DISCLAIMED. PROVIDERDOES NEITHER HOST NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT REPRESENTLIMITED TO ANY LOST PROFITS, WARRANT LOSS OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DAMAGE TO DATA, OR BE SECUREANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF HOST, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION, USE OF USER INFORMATION THROUGH THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHODMEANS. HOST IS NOT LIABLE FOR CRIMINAL, REGARDLESS TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCETHIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL PROVIDER HOST OR ANY OF ITS AFFILIATEAFFILIATES, SERVICE PROVIDERAGENTS, FACILITY OPERATOR EMPLOYEES, ASSIGNS OR CARRIERTHIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL HOST OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERSAGENTS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) ASSIGNS BE HELD LIABLE FOR ANY DIRECTDAMAGE TO EQUIPMENT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE HARDWARE OR OTHER DAMAGES, PROPERTY OF USER OR FOR ANY COST PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERSITE.
Appears in 1 contract
Samples: Terms of Use Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS BY ACCESSING AND/OR USING THE WEBSITE, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS DISCLAIMER. YOU AGREE THAT YOUR ACCESS TO THE WEBSITE IS AT YOUR SOLE RISK AND AT YOUR FREE WILL. THE WEBSITE AND ALL WARRANTIESMATERIAL THEREIN CONTAINED ARE DISTRIBUTED AND TRANSMITTED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS AFFILIATES, EXPRESS,IMPLIEDASSOCIATES AND GROUP COMPANIES, STATUTORY THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB--- CONTRACTORS, CONSULTANTS AND THIRD-•-PARTY PROVIDERS:
(a) DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, FITNESS, MERCHANTABILITY, AVAILABILITY, QUALITY, FITNESS FOR ANY PURPOSE, NON-•- INFRINGEMENT, COMPATIBILITY AND/OR SECURITY;
(b) ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM OR DEVICE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONNECTED WEBSITE AND DO NOT WARRANT THAT THE WEBSITE, THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE OR ANY CONNECTED WEBSITES ARE FREE FROM A COURSE VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS;
(c) ARE NOT RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF DEALING YOUR USE OF THE WEBSITE OR PERFORMANCE ANY CONNECTED WEBSITE OR CUSTOM, WITH RESPECT TO THE SERVICESMATERIAL AND USER MATERIAL THEREON; AND
(d) DO NOT WARRANT THAT THE WEBSITE, EQUIPMENTOR ANY CONNECTED WEBSITE, LINKED MICROSITES, ANY MATERIALS, THIRD-•-PARTY CONTENT, SERVICES OFFERED WILL BE UNINTERRUPTED OR ERROR FREE OR ACCURATE OR SUIT YOUR PURPOSE.
(i) EVERY EFFORT IS MADE TO KEEP THE WEBSITE RUNNING SMOOTHLY. HOWEVER, THE COMPANY TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING UNAVAILABLE DUE TO ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, REASONS.
(ii) THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, COMPLETENESS ADEQUACY, COMPLETENESS, FITNESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL AND USE OF AND ACCESS TO THE WEBSITE OR CURRENCY ANY CONNECTED WEBSITE RESTS SOLELY WITH YOU.
(iii) THE WEBSITE MAY CONTAIN LINKS TO OTHER THIRD-•-PARTY WEBSITES WHICH ARE NOT UNDER THE CONTROL OF INFORMATIONTHE COMPANY. ANY WEBSITE YOU VISIT BY A LINK FROM THE WEBSITE IS SOLELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDING THE WEBSITE. THE CONTENT OF, SYSTEM INTEGRABILITYINCLUDING MATERIALS AND INFORMATION CONTAINED ON, TITLEANY THIRD PARTY WEBSITE TO WHICH YOU LINK FROM THE WEBSITE IS SOLELY THE RESPONSIBILITY OF THE PROVIDER OF THAT THIRD PARTY WEBSITE. ANY TRANSACTIONS THAT YOU ENTER INTO WITH A THIRD PARTY LISTED IN THIS WEBSITE OR LINKED FROM THIS WEBSITE ARE SOLELY BETWEEN YOU AND THAT THIRD PARTY. WE ARE NOT RESPONSIBLE FOR ANY SUCH THIRD--- PARTY CONTENT THAT MAY BE ACCESSED VIA THE WEBSITE, QUIET ENJOYMENT NOR THE ORGANIZATIONS PUBLISHING THOSE THIRD PARTY WEBSITES, AND NON-INFRINGEMENTHEREBY DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR SUCH CONTENT. PROVIDERDOES THE INCLUSION OF ANY LINKS DOES NOT REPRESENTCONSTITUTE OR IMPLY AN ENDORSEMENT OR RECOMMENDATION BY US OF THE THIRD-•-PARTY, WARRANT OF THE QUALITY OF ANY PRODUCT OR COVENANT THAT THE PRODUCTSSERVICE, SERVICES ADVICE, INFORMATION OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTEDOTHER MATERIALS DISPLAYED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATAPURCHASED, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS OBTAINED BY YOU AS A RESULT OF PROVIDER’S AN ADVERTISEMENT OR ANY OTHER INFORMATION OR OFFER IN OR IN CONNECTION WITH THE THIRD PARTY WEBSITE.
(iv) TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATEAFFILIATES, SERVICE PROVIDERASSOCIATES AND GROUP COMPANIES, FACILITY OPERATOR OR CARRIER, OR AND THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERSKEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELYSHAREHOLDERS, “PROVIDER PARTIES”) AGENTS, REPRESENTATIVES, SUB-•-CONTRACTORS, CONSULTANTS AND THIRD-•-PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE LOSS AND/OR OTHER DAMAGES, DAMAGE AND/OR FOR ANY COST OF COVER OR LOST PROFITS CLAIMS OF ANY KIND (WHETHER IN CONTRACT, TORT OR NATURE WHATSOEVER, BREACH OF STATUTORY DUTY OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OUT OF OR A DEFECT IN CONNECTION WITH THE SERVICES, EQUIPMENT WEBSITE AND/OR MATERIALS AND/OR USER MATERIAL AND/OR ANY PRODUCTCONNECTED THIRD PARTY WEBSITE INCLUDING WITHOUT LIMITATION:
(a) INDIRECT OR CONSEQUENTIAL LOSS;
(b) LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS;
(c) INCIDENTAL, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTDIRECT, OR A PROVIDER PARTY’S ACTS SPECIAL LOSS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE SIMILAR DAMAGES;
(d) LOSS OF OR A DEFECT DAMAGE TO DATA;
(e) LOSS OF BUSINESS, REPUTATION OR GOODWILL; AND/OR
(f) WASTED OR LOST MANAGEMENT TIME; EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
(v) NOTWITHSTANDING THE FOREGOING, IN ANY PRODUCT NO EVENT SHALL THE COMPANY OR SERVICE PROVIDED BYITS AFFILIATES, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIESASSOCIATES AND GROUP COMPANIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT YOU FOR ANY AND ALL LOSSES, DAMAGES OR CLAIMS (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) EXCEED THE AMOUNTS AMOUNT PAID BY CUSTOMER YOU, IF ANY, FOR ACCESSING THE WEBSITE.
(vi) IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH THESE USER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO PROVIDER IN DISCONTINUE ACCESSING OR USING THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERWEBSITE.
Appears in 1 contract
Samples: User Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESA. ADAP'S TOTAL LIABILITY IS LIMITED TO THE NET PRICE OF THE PRODUCTS SOLD HEREUNDER, EXPRESS,IMPLIEDEXCLUDING ANY CHARGES STATED SEPARATELY FROM THE PRODUCT PRICE ON THE INVOICE. BUYER'S SOLE REMEDY FOR LIABILITY OF ANY KIND, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOMINCLUDING NEGLIGENCE, WITH RESPECT TO THE PRODUCTS, SOFTWARE, AND DOCUMENTATION FURNISHED HEREUNDER IS LIMITED TO THE REQUEST FOR ADAP, AT ADAP'S OPTION, TO REFUND THAT NET PRICE FOR THE ITEMS AND MATTERS INVOLVED, EXCEPT THAT IN THE CASE OF A BREACH OF WARRANTY, BUYER'S SOLE REMEDY IS TO RETURN THE PRODUCT TO ADAP FOR REPAIR OR REPLACEMENT IN ACCORDANCE WITH THE "WARRANTY" SECTION OF THESE TERMS AND CONDITIONS. B. WITH RESPECT TO SERVICES, EQUIPMENT, AND ADAP'S LIABILITY FOR ANY OTHER PROVIDER PRODUCTS, SERVICES SERVICE IS LIMITED TO THE RE-PERFORMANCE OF THE SERVICE. ADAP DOES NOT WARRANTY PROPOGATION OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES PATH PERFORMANCE. ALL SURVEYS ARE ACCURATE AS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENTTHE DATE THE SURVEY WAS CONDUCTED. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. C. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) ADAP BE LIABLE TO BUYER FOR ANY DIRECT, ACTUAL, (I) REPROCUREMENT COSTS; (II) INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES; (III) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR FOR ANY COST OF COVER PROFITS ARISING OUTOF OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO IN CONNECTION WITH THIS AGREEMENT OR A PROVIDER PARTY’S THE USE OR PERFORMANCE OF ADAP PRODUCTS, WHETHER IN AN ACTION OF CONTRACT OR NONPERFORMANCE TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, EVEN IF ADAP HAS BEEN ADVISED OF OBLIGATIONS HEREUNDERTHE POSSIBILITY OF SUCH DAMAGES. D. NO ACTION, A FAILURE WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, ARISING OUT OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT CONNECTION WITH THIS AGREEMENT MAY BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BROUGHT BY ANY THIRD-EITHER PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE MORE THAN EIGHTEEN (318) MONTHS PRECEDING AFTER THE CAUSE OF ACTION HAS ACCRUED, EXCEPT THAT AN ACTION FOR NON-PAYMENT MAY BE BROUGHT WITHIN EIGHTEEN (18) MONTHS OF THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USEROF LAST PAYMENT.
Appears in 1 contract
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent possible, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO CXDA AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT CXDA RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, CXDA AND CXDA RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR SERVICES RELATED TO THIS AGREEMENT THE DOMAIN NAME. IN THE EVENT THAT CXDA OR A PROVIDER PARTY’S PERFORMANCE CXDA RELATED PARTY TAKES ACTION WITH RESPECT TO A .cx DOMAIN NAME, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY CXDA, A FAILURE OF CXDA RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTCXDA COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY’S ACTS OR OMISSIONS. PROVIDER WILL , THAT CXDA AND CXDA RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF CXDA OR OMISSIONS OFCXDA RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF CXDA OR CXDA RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A FAILURE REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, CXDA AND CXDA RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS- STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .cx TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF CXDA OR CXDA RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF CXDA OR CXDA RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR CXDA OR CXDA RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF CXDA OR CXDA RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO CXDA OR CXDA RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERXXXXXXXXXX.
Appears in 1 contract
Samples: Registrant Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESS,THE “VENDOR SERVICE” IS BEING PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND INCLUDING ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, SATISFACTORY QUALITY, ACCURACY, COMPLETENESS TITLE OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT REPRESENTPERMIT THEM. VENDOR AND EDUCATIONAL INSTITUTION MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF THE VENDOR SERVICE FOR USE FOR YOUR PURPOSES, WARRANT EXCEPT AS OTHERWISE PROVIDED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, NEITHER EDUCATIONAL INSTITUTION, VENDOR, NOR ENTERPRISE CUSTOMER, NOR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES OR COVENANT THAT THE PRODUCTSCONTRACTORS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE YOU FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, PUNITIVE OR OTHER DAMAGESINCIDENTAL DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. IF YOU ARE DISSATISFIED WITH THE VENDOR SERVICE FOR ANY REASON, OR FOR WITH ANY COST OF COVER OR LOST PROFITS THE TERMS AND CONDITIONS OF ANY KIND OR NATURE WHATSOEVERTHIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE VENDOR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF VENDOR, EDUCATIONAL INSTITUTION AND Enterprise Customer AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES AND AGENTS, TO YOU ARISING FROM OUT OF OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT WILL BE LIMITED IN THE SERVICESAGGREGATE TO DIRECT DAMAGES UP TO THE AMOUNT OF FIVE DOLLARS (USD $5.00) OR THE MINIMUM AMOUNT ALLOWED BY LAW, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERWHICHEVER IS GREATER.
Appears in 1 contract
Samples: Enterprise Customer Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESAlthough Tireco has attempted to provide accurate information on the site, EXPRESS,IMPLIEDit makes no guarantee or warranty, STATUTORY express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOMHER OWN RISK. USER EXPRESSLY UNDERSTANDS AND AGREES THAT, WITH RESPECT TO THE SERVICESFULLEST EXTENT PROVIDED BY LAW, EQUIPMENTTHE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, AND ALL WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS PURPOSE OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENTINFRINGEMENT ARE SPECIFICALLY DISCLAIMED. PROVIDERDOES NEITHER TIRECO NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT REPRESENTLIMITED TO ANY LOST PROFITS, WARRANT LOSS OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DAMAGE TO DATA, OR BE SECUREANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR TO THE FULLEST EXTENT PROVIDED BY LAW, THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF TIRECO, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION, USE OF USER INFORMATION THROUGH THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHODMEANS. TIRECO IS NOT LIABLE FOR CRIMINAL, REGARDLESS TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCETHIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL PROVIDER TIRECO OR ANY OF ITS AFFILIATEAFFILIATES, SERVICE PROVIDERAGENTS, FACILITY OPERATOR EMPLOYEES, ASSIGNS OR CARRIERTHIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL TIRECO OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERSAGENTS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) ASSIGNS BE HELD LIABLE FOR ANY DIRECTDAMAGE TO EQUIPMENT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE HARDWARE OR OTHER DAMAGES, PROPERTY OF USER OR FOR ANY COST PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERSITE. THE PROVIDER PARTIES’ MAXIMUM TOTAL FOREGOING DOES NOT AFFECT ANY LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT THAT CANNOT BE LIABLE IN ANY WAY TO ANY USEREXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Appears in 1 contract
Samples: Terms and Conditions
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, THE PRODUCTS AND ANY SERVICES PROVIDED BY ECONCEPT IN CONNECTION WITH RESPECT THIS AGREEMENT ARE SUPPLIED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE SERVICESFULLEST EXTENT UNDER APPLICABLE LAW, EQUIPMENTECONCEPT MAKES NO, AND ANY OTHER PROVIDER PRODUCTSDISCLAIMS ALL, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT PURPOSE AND NON-INFRINGEMENT), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. PROVIDERDOES NOT REPRESENTTHE ECONCEPT PRODUCTS AND ECONCEPT WEBSITE, WARRANT AND OTHER WEBSITES, DATABASES AND/OR COVENANT THAT THIRD PARTY PROGRAMS CONTAINED WITHIN THE PRODUCTS, SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS AND/OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTEDOTHER LIMITATIONS. Econcept HAS NO LIABILITY, ERROR FREE WHATSOEVER, TO YOU OR WITHOUT DEGRADATION ANY THIRD PARTY, FOR ANY CHANGES MADE TO THE CUSTOMER CONTENT OR LOSS TO THE YOUR WEBPAGE OR WEBSITE AS A RESULT OF DATAECONCEPT’S ASSISTANCE IN IMPLEMENTING ANY PRODUCT FEATURES, ANY OTHER PARTY'S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY'S USE OF, OR BE SECUREINABILITY TO USE, ECONCEPT WEBSITES, DATABASES AND/OR PROGRAMS. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS ECONCEPT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT ANY OTHER PARTY'S SECURITY METHODS, PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY'S USE OF ECONCEPT'S WEBSITE, DATABASES AND/OR PROGRAMS WILL BE LIABLE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL ECONCEPT OR ANY PARTNER BE RESPONSIBLE FOR UNAUTHORIZED ACCESS ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATIONOTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUE OR PROFITS, EVEN IF ECONCEPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESDAMAGES. ECONCEPT WILL NOT BE LIABLE, OR ANY OTHER METHODCONSIDERED IN BREACH OF THE AGREEMENT, REGARDLESS ON ACCOUNT OF WHETHER SUCH DAMAGE OCCURS A DELAY OR FAILURE TO PERFORM UNDER THE AGREEMENT, AS A RESULT OF PROVIDER’S CAUSES OR ITS SERVICE PROVIDER’S NEGLIGENCECONDITIONS THAT ARE BEYOND Econcept'S CONTROL. IN NO EVENT WILL PROVIDER OR ITS AFFILIATEADDITION, SERVICE PROVIDERAND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ECONCEPT'S LIABILITY UNDER ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST CAUSE OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ACTION ARISING FROM OR RELATED TO IN CONNECTION WITH THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDEROTHERWISE SHALL BE LIMITED TO $500. To the extent any liability of Econcept cannot be disclaimed, A FAILURE OF OR A DEFECT IN THE SERVICESexcluded or limited under applicable law, EQUIPMENT OR ANY PRODUCTsuch liability shall be disclaimed, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERexcluded and limited to the fullest extent permitted under applicable law.
Appears in 1 contract
Samples: Local Listing Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE SERVICE. WITH RESPECT TO THIS WEBSITE AND THE CONTENT THEREIN OR THEREON, EXCEPT AS EXPRESSLY PROVIDED ON OR IN THIS WEBSITE OR IN ANY AGREEMENT INTO WHICH USER OR OPTIONS & XXXXXXX, XXX. (DOING BUSINESS AS OPTIS) MAY ENTER, THERE ARE NO WARRANTIES, EXPRESS,REPRESENTATIONS, CONDITIONS OR INDEMNITIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FAILURE TO ACHIEVE PURPOSE, QUIET ENJOYMENT, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT USAGE OF TRADE ARE EXPRESSLY DISCLAIMED. TO THE SERVICESMAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EQUIPMENTOPTIS DISCLAIMS ANY AND ALL LIABILITY FOR SPECIAL, AND ANY OTHER PROVIDER PRODUCTSPUNITIVE, SERVICES INCIDENTAL OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION PROFITS) ARISING OUT OF CUSTOMER’S OR A THIS USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, 'S USE OF THIS WEBSITE OR ANY OTHER METHODINFORMATION FOUND THEREIN OR THEREON, REGARDLESS EVEN IF OPTIS HAS BEEN APPRISED OF WHETHER THE POSSIBILITY OF SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCEDAMAGES. IN NO EVENT WILL PROVIDER OR EVENT, SHALL OPTIS AND ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS', OFFICERS', EMPLOYEES OR AGENTS (COLLECTIVELYEMPLOYEES', “PROVIDER PARTIES”) BE LIABLE AGENTS', CONTRACTORS' AND AFFILIATES' MAXIMUM COLLECTIVE TOTAL LIABILITY FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE CLAIM WHATSOEVER, ARISING FROM INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDEROTHERWISE, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONSEXCEED ONE HUNDRED DOLLARS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERThese exclusions and limitations shall apply to the maximum extent permitted by applicable laws.
Appears in 1 contract
Samples: Master Services Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICESFULLEST EXTENT PERMITTED BY APPLICABLE LAW, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER SELLER WILL NOT BE LIABLE FOR ANY BUSINESS INTERUPPTION OR LOSS OF PROFIT, REVENUE, MATERIALS, ANTICIPATED SAVINGS, DATA, CONTRACT, GOODWILL OR THE ACTS LIKE (WHETHER DIRECT OR OMISSIONS OFINDIRECT IN NATUIRE) OR FOR ANY OTHER FORM OF INCIDENTAL, A FAILURE OF INDIRECT OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION CONSEQUENTIAL DAMAGES OF ANY THIRD PARTYKIND. SELLER’S RIGHTS BY MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL OTHER CLAIMS AND LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY THIRD-PARTY SERVICE PROVIDERINDEMNITY, FACILITY OPERATOR WHETHER OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER NOT INSURED, WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER COST OF THE PRODUCT(S) GIVING RISE TO PROVIDER IN THE THREE CLAIM OR LIABILITY. SELLER DISCLAIMS ALL LIABILITY RELATIVE TO GRATUITOUS INFORMATION OR ASSISTANCE PROVIDED BY, BUT NOT REQUIRED OF SELLER HEREUNDER. ANY ACTION AGAINST SELLER MUST BE BROUGHT WITHIN TWELVE (312) MONTHS PRECEDING AFTER THE DATE CAUSE OF ACTION ACCRUES. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION HEREOF AND REGARDLESS OF THE CLAIM ACCRUEDFORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING – STRICT LIABILITY) OR OTHERWISE, AND FURTHER WILL EXTEND TO THE BENEFIT OF SELLER’S VENDORS, APPOINTED DISCTRIBUTORS AND OTHER AUTHORIZED RESELLERS AS THIRD-PARTY BENEFICIARIES. THE PROVIDER PARTIES WILL NOT EACH PROVISION HEREOF WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OR WARRANTY OR CONDITION OR EXCLUSION OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND IS TO BE LIABLE IN ANY WAY TO ANY USERENFORCED AS SUCH.
Appears in 1 contract
Samples: General Terms and Conditions of Sale
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent possible, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO XXXXXX.xx AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT XXXXXX.xx RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, XXXXXX.xx AND XXXXXX.xx RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR SERVICES RELATED TO THIS AGREEMENT THE DOMAIN NAME. IN THE EVENT THAT XXXXXX.xx OR A PROVIDER PARTY’S PERFORMANCE XXXXXX.xx RELATED PARTY TAKES ACTION WITH RESPECT TO A XXXXXX.xx cmTLD DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY XXXXXX.xx, A FAILURE OF XXXXXX.xx RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTXXXXXX.xx COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY’S ACTS OR OMISSIONS. PROVIDER WILL , THAT XXXXXX.xx AND XXXXXX.xx RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF XXXXXX.xx OR OMISSIONS OFXXXXXX.xx RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF XXXXXX.xx OR XXXXXX.xx RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A FAILURE REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, XXXXXX.xx AND XXXXXX.xx RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS- STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE XXXXXX.xx cmTLD TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF XXXXXX.xx OR XXXXXX.xx RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF XXXXXX.xx OR XXXXXX.xx RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR XXXXXX.xx OR XXXXXX.xx RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF XXXXXX.xx OR XXXXXX.xx RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO XXXXXX.xx OR XXXXXX.xx RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERXXXXXXXXXX.
Appears in 1 contract
Samples: Registration Agreement
Disclaimer and Limitation of Liability. PROVIDER IMPERIAL MAKES NO EXPRESS WARRANTIES EXCEPT AS CONTAINED IN THIS WARRANTY, AND,TO THE FULL EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIESIMPLIED WARRANTIES REGARDING THE QUALITY, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO OTHER CHARACTERISTICS OF THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, WARRANTED PRODUCT INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR OF A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN UNDER NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) CIRCUMSTANCES SHALL IMPERIAL BE LIABLE FOR ANY DIRECT, ACTUALPROPERTY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES INCLUDING,WITHOUT LIMITATION, DAMAGES TO THE BUILDING WHERE THE WARRANTED PRODUCTS ARE INSTALLED OR TO IT’S CONTENTS, OCCUPIERS, INSTALLERS,WHETHER BASED UPON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, CONTRACT OR ANY OTHER THEORY, EVEN IN THE EVENT THAT IMPERIAL HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION CLAIM OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY AND YOU MAY ALSO HAVE OTHER RIGHTS,WHICH VARY FROM STATE TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERSTATE.
Appears in 1 contract
Samples: Limited Warranty
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent permitted by law, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO MNINET AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT MNINET RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY MNINET RELATED PARTIES), OR OTHERWISE. ADDITIONALLY, MNINET AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MNINET RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND SERVICES RELATED TO THE DOMAIN NAME. IN THE EVENT THAT MNINET OR NATURE WHATSOEVER, ARISING FROM OR A MNINET RELATED PARTY TAKES ACTION WITH RESPECT TO A .MS DOMAIN NAME PURSUANT TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE .MS TLD Policies, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY MNINET, A FAILURE OF MNINET RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTMNINET COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL COURT, THEN REGISTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MNINET AND MNINET RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF MNINET OR OMISSIONS OFMNINET RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF MNINET OR MNINET RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES OR, AT THE SOLE DISCRETION OF MNINET, A FAILURE REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR A DEFECT REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, MNINET AND MNINET RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS- STATEMENTS IN ANY PRODUCT INFORMATION OR SERVICE OTHER SERVICES PROVIDED BYUNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE- DELEGATION OF THE .MS TOP LEVEL DOMAIN NAME, OR VIOLATION BREACH OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDERSECURITY, FACILITY OPERATOR EVEN IF MNINET OR CARRIERMNINET RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF MNINET OR MNINET RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE PROVIDER REGISTRANT'S SOLE REMEDY FOR MNINET OR MNINET RELATED PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED BREACH OF THIS AGREEMENT OR NEGLIGENCE SHALL BE, AT THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN SOLE DISCRETION OF MNINET OR MNINET RELATED PARTIES, THE THREE RESUPPLY OF THE SERVICESOR A REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR RENEWAL FEE (3) MONTHS PRECEDING IF THE DATE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE CLAIM ACCRUEDREGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO MNINET OR MNINET RELATED PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERBY THE REGISTRANT.
Appears in 1 contract
Samples: Registrant Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESEXCEPT FOR THE REPRESENTATION AND WARRANTY OF TITLE SET FORTH IN SECTION 5.1(e) AND SELLER’S DUTY TO INDEMNIFY AND DEFEND SET FORTH IN SECTION 7.3(c), EXPRESS,THE AIRCRAFT IS BEING SOLD AND DELIVERED TO PURCHASER IN ITS “AS IS, WHERE IS” CONDITION NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT. SELLER DOES NOT MAKE, GIVE, OR EXTEND ANY OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WHATSOEVER, EXPRESS OR IMPLIED, STATUTORY OR WHETHER ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOMIN LAW, WITH RESPECT TO THE SERVICESIN EQUITY, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATACONTRACT, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATIONIN TORT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSIONIMPLIED WARRANTY OF MERCHANTABILITY, CUSTODY OR CONTROLAIRWORTHINESS, THROUGH ACCIDENTDESIGN, FRAUDULENT MEANS OR DEVICESCONDITION, OR FITNESS FOR A PARTICULAR USE. EXCEPT FOR THE REPRESENTATION AND WARRANTY OF TITLE SET FORTH IN SECTION 5.1(e) AND SELLER’S DUTY TO INDEMNIFY AND DEFEND SET FORTH IN SECTION 7.3(c), NO WARRANTY OR REPRESENTATION OF ANY KIND SHALL SURVIVE CLOSING, PURCHASER IS RELYING ONLY ON THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT AND ITS INDEPENDENT REVIEW OF THE AIRCRAFT, AND PURCHASER IS NOT RELYING UPON ANY OTHER METHODREPRESENTATION, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S STATEMENT OR ITS SERVICE PROVIDER’S NEGLIGENCEOTHER ASSERTION WITH RESPECT TO THE AIRCRAFT. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) PARTY SHALL BE LIABLE TO THE OTHER FOR ANY DIRECT, ACTUALSPECIAL, INDIRECT, CONSEQUENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO OUT OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERAGREEMENT.
Appears in 1 contract
Samples: Aircraft Purchase and Sale Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent permitted by law, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO NICGY AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NICGY RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY NICGY RELATED PARTIES), OR OTHERWISE. ADDITIONALLY, NICGY AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NICGY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND SERVICES RELATED TO THE DOMAIN NAME. IN THE EVENT THAT NICGY OR NATURE WHATSOEVER, ARISING FROM OR A NICGY RELATED PARTY TAKES ACTION WITH RESPECT TO A .GY DOMAIN NAME PURSUANT TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE .GY TLD Policies, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY NICGY, A FAILURE OF NICGY RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTNICGY COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL COURT, THEN REGISTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NICGY AND NICGY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF NICGY OR OMISSIONS OFNICGY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF NICGY OR NICGY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES OR, AT THE SOLE DISCRETION OF NICGY, A FAILURE REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR A DEFECT REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, NICGY AND NICGY RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY PRODUCT INFORMATION OR SERVICE OTHER SERVICES PROVIDED BYUNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .GY TOP LEVEL DOMAIN NAME, OR VIOLATION BREACH OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDERSECURITY, FACILITY OPERATOR EVEN IF NICGY OR CARRIERNICGY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF NICGY OR NICGY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE PROVIDER REGISTRANT'S SOLE REMEDY FOR NICGY OR NICGY RELATED PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED BREACH OF THIS AGREEMENT OR NEGLIGENCE SHALL BE, AT THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN SOLE DISCRETION OF NICGY OR NICGY RELATED PARTIES, THE THREE RESUPPLY OF THE SERVICESOR A REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR RENEWAL FEE (3) MONTHS PRECEDING IF THE DATE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE CLAIM ACCRUEDREGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO NICGY OR NICGY RELATED PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERBY THE REGISTRANT.
Appears in 1 contract
Samples: Registrant Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES(A) PERFECT DOES NOT CONTROL OR REVIEW (i) ANY EVENT INFORMATION FOR ACCURACY, EXPRESS,IMPLIEDERRORS OR DUPLICATION, STATUTORY (ii) THE QUALITY OR ARISING FROM AVAILABILITY OF GOODS OR SERVICES, OR (iii) THE TERMS AND CONDITIONS ON WHICH GOODS OR SERVICES ARE OFFERED, PURCHASED, OR DELIVERED.
(B) PERFECT IS NOT A COURSE PARTY TO, THIRD PARTY BENEFICIARY OF, OR A GUARANTOR OF DEALING PERFORMANCE UNDER ANY AGREEMENT BETWEEN COMPANY AND ANY BUYER, POTENTIAL BUYER, OR PERFORMANCE OTHER THIRD PARTY.
(C) COMPANY EXPRESSLY RELEASES PERFECT OF ANY LIABILITY RELATED TO A BUYER’S, A POTENTIAL BUYER’S, OR CUSTOM, OTHER THIRD PARTY’S ELECTION TO DISCONTINUE INTERACTIONS WITH COMPANY.
(D) PERFECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDERTHE SERVICES SOFTWARE, OR THE QUALITY OF ANY GOODS OR SERVICE OFFERINGS OF ANY SITE, PERSON, OR BUSINESS TO WHICH THE SERVICES OR THE SERVICES SOFTWARE MAY BE LINKED, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A XXXXXXX-LIKE MANNERCOURSE OF DEALING OR USAGE OF TRADE.
(E) PERFECT MAKES NO WARRANTY TO YOU WITH RESPECT TO ANY PATENT, COMPLIANCE COPYRIGHT, TRADE SECRET, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT.
(F) PERFECT MAKES NO REPRESENTATIONS OFON BEHALF OF PROSPECTIVE BUYERS OR PARTICIPANTS AND IS NOT RESPONSIBLE FOR ANY REPRESENTATIONS MADE BY PROSPECTIVE BUYERS OR PARTICIPANTS. RELIANCE UPON ANY COMMUNICATIONS THAT PURPORT TO MAKE ANY SUCH REPRESENTATIONS IS DONE AT YOUR OWN RISK AND SHALL NOT RESULT IN ANY LIABILITY TO PERFCT.
(G) YOU USE THE SERVICES AND THE SERVICES SOFTWARE AT YOUR OWN RISK AND NO PARTY'S LIABILITY (TOGETHER WITH LAWSTHAT OF ITS AGENTS, QUALITYMANAGERS, ACCURACYOFFICERS, COMPLETENESS OR CURRENCY OF INFORMATIONDIRECTORS, SYSTEM INTEGRABILITYREPRESENTATIVES, TITLEMEMBERS AND EMPLOYEES) TO THE OTHER PARTY FOR DAMAGES WITH RESPECT TO THIS AGREEMENT, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATASOFTWARE, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL THE SERVICES SHALL EXCEED THE FEES ACTUALLY PAID BY COMPANY TO PERFECT DURING THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE BREACH OR DAMAGE$100,000.
(H) NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND IRRESPECTIVE OF ANY FAULT OR NEGLIGENCE, NO PARTY SHALL BE LIABLE FOR UNAUTHORIZED ACCESS ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST REVENUES, LOST SALES, LOST SAVINGS, LOST PROFITS (ANTICIPATED OR ALTERATIONACTUAL), THEFT LOSS OF USE, DOWNTIME, INJURY TO PERSONS OR DESTRUCTION DAMAGE TO PROPERTY AND CLAIMS OF CUSTOMER’S THIRD PARTIES), HOWSOEVER CAUSED, ARISING OUT OF OR A USER’S DATA FILESRELATED TO THIS AGREEMENT, PROGRAMSWHETHER OR NOT SUCH PARTY HAS BEEN APPRISED OR NOTIFIED THAT ANY SUCH DAMAGES OR LOSSES ARE POSSIBLE OR LIKELY, PROCEDURES AND WHETHER OR INFORMATIONNOT ANY PERMITTED REMEDY HAS FAILED ITS ESSENTIAL PURPOSE.
(I) THE PARTIES AGREE THAT THE LIMITATIONS IN CLAUSES (D), (E), (F), (G) AND (H) OF THIS SECTION 87 SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OF ANY SUCH DATA IN PROVIDER’S POSSESSIONKIND, CUSTODY WHETHER ACTIVE OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, PASSIVE) OR ANY OTHER METHODLEGAL OR EQUITABLE THEORY, REGARDLESS BUT SHALL NOT APPLY TO FEES OWED TO PERFECT. NOTWITHSTANDING ANY OTHER PROVISION OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATETHIS AGREEMENT, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTYSHALL NOT APPLY LIMITATIONS OF LIABILITY BETWEEN COMPANY AND POTENTIAL BUYERS SELECTED BY COMPANY FOR RECEIPT OF COMPANY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERCOMMUNICATIONS.
Appears in 1 contract
Samples: Terms of Use Agreement
Disclaimer and Limitation of Liability. PROVIDER NCM PROVIDES ALL NCM CONTENT AND ALL SERVICES PERFORMED BY NCM UNDER THIS AGREEMENT "AS-IS" AND "AS-AVAILABLE." NCM MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE NCM CONTENT OR SUCH SERVICES, AND ADVERTISER HAS NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES OF NCM REGARDING THE NCM CONTENT OR SUCH SERVICES. NCM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO REPRESENTATIONS AND WARRANTIES REGARDING THE NCM CONTENT AND SUCH SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND OR NON-INFRINGEMENTINFRINGEMENT OF THIRD-PARTY RIGHTS. PROVIDERDOES NCM’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT REPRESENT, WARRANT OR COVENANT THAT EXCEED THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS AMOUNT OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS FEES ACTUALLY PAID TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY NCM UNDER THIS AGREEMENT DURING THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCELIABILITY. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) NCM BE LIABLE FOR ANY DIRECT, ACTUALCONSEQUENTIAL, INDIRECT, CONSEQUENTIALEXEMPLARY, PUNITIVE, SPECIAL, PUNITIVE OR OTHER INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES RELATING TO LOST DATA, LOST REVENUE OR FOR ANY COST PROFITS, OR COSTS OF COVER PROCUREMENT OF SUBSTITUTE GOODS OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVERSERVICES, ARISING FROM OR RELATED RELATING TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF NCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY UNEXCUSED FAILURE BY NCM TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT OR A PROVIDER PARTYWILL AFFECT ONLY THE OBLIGATION WITH RESPECT TO WHICH THE FAILURE OCCURRED AND WILL IN NO WAY AFFECT ANY OTHER OBLIGATIONS OF NCM UNDER THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, ADVERTISER’S PERFORMANCE OR NONPERFORMANCE SOLE AND EXCLUSIVE REMEDY FOR NCM’S FAILURE TO EXHIBIT THE ADVERTISING AS SET FORTH ON THE ORDER WILL BE FOR NCM TO “MAKE-GOOD” (MAKE AVAILABLE TO ADVERTISER AN ALTERNATIVE TIME PERIOD OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE REASONABLY COMPARABLE VALUE FOR THE ACTS RE-EXHIBITION OF SUCH ADVERTISING). MAKE-GOOD IS ONLY AVAILABLE UPON ADVERTISER’S WRITTEN REQUEST RECEIVED BY NCM WITHIN ONE MONTH OF THE APPLICABLE FAILURE AND MUST BE DISPLAYED WITHIN ONE YEAR FOLLOWING THE APPLICABLE FAILURE. ADVERTISING SHALL BE RUN ON PER SCREEN OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION PER THEATRE (AS INDICATED ON THE ORDER)/PER WEEK BASIS AND REGARDLESS OF ANY THIRD PARTY’S RIGHTS BY OTHER LANGUAGE TO THE CONTRARY, NCM HAS NOT MADE AND IS MAKING NO REPRESENTATIONS WITH REGARD TO NUMBER OF IMPRESSIONS. NCM SHALL USE COMMERCIALLY REASONABLE EFFORTS TO CAUSE ADVERTISING TO BE DISPLAYED IN ALL APPLICABLE SHOWINGS AT THE RELEVANT THEATRES, BUT NCM DOES NOT GUARANTEE THAT ADVERTISING SHALL BE DISPLAYED IN A SPECIFIC NUMBER OF SHOWINGS AT ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERTHEATRE.
Appears in 1 contract
Disclaimer and Limitation of Liability. PROVIDER THE COMPANY MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THE PRODUCTS. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS,EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT AS TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY IMPLIED WARRANTY OF MERCHANTABILITY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS FITNESS FOR A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCEPARTICULAR PURPOSE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) THE COMPANY BE LIABLE FOR ANY DIRECTLOSS, ACTUALDAMAGE OR COST FOR BREACH OF WARRANTY. THE COMPANY WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY LOSS OF REVENUE, PROFIT, USE OF DATA, INTERRUPTION OF BUSINESS OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, SPECIALINCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, OR IN ANY WAY CONNECTED TO THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER DAMAGESTORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTYOTHERWISE. IN NO EVENT WILL THE COMPANY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PURCHASE PRICE PAID BY CUSTOMER TO PROVIDER IN FOR THE THREE (3) MONTHS PRECEDING PRODUCT THAT IS THE DATE BASIS OF THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERCLAIM.
Appears in 1 contract
Samples: Credit Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESAlthough Department has attempted to provide accurate information on the site, EXPRESS,IMPLIEDit makes no guarantee or warranty, STATUTORY express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. Additionally:
a. USER ACCESSES THIS SITE AT HIS OR ARISING FROM A COURSE HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, ANY KIND AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, AND ALL WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS PURPOSE OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES INFRINGEMENT ARE SPECIFICALLY DISCLAIMED.
b. NEITHER DEPARTMENT NOR ITS EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT REPRESENTLIMITED TO ANY LOST PROFITS, WARRANT LOSS OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DAMAGE TO DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF DEPARTMENT, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION, USE OF USER INFORMATION THROUGH THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHODMEANS. DEPARTMENT IS NOT LIABLE FOR CRIMINAL, REGARDLESS TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. THIRD PARTIES THAT AFFECT THIS SITE.
d. IN NO EVENT WILL PROVIDER DEPARTMENT OR ANY OF ITS AFFILIATEAGENTS, SERVICE PROVIDEREMPLOYEES, FACILITY OPERATOR ASSIGNS OR CARRIER, THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERSILLEGAL CONDUCT OF OTHER USERS.
e. IN NO EVENT WILL DEPARTMENT OR ANY OF ITS AGENTS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) ASSIGNS BE HELD LIABLE FOR ANY DIRECTDAMAGE TO EQUIPMENT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE HARDWARE OR OTHER DAMAGES, PROPERTY OF USER OR FOR ANY COST PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERSITE.
Appears in 1 contract
Samples: Website Terms of Use Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES5.1 SEGWAY AND OTHER SEGWAY PARTIES DO NOT ASSUME, EXPRESS,IMPLIEDOR AUTHORIZE ANYONE TO ASSUME ON ITS BEHALF, STATUTORY ANY OTHER OBLIGATION OR ARISING FROM LIABILITY IN CONNECTION WITH A COURSE OF DEALING OR PERFORMANCE OR CUSTOMPRODUCT, WITH RESPECT TO THE ITS COMPONENT PARTS, ACCESSORIES, SERVICES, EQUIPMENTREPAIR, OR THIS LIMITED WARRANTY.
5.2 SEGWAY AND OTHER SEGWAY PARTIES ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY OTHER PROVIDER PRODUCTS, SERVICES INCIDENTAL OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT CONSEQUENTIAL DAMAGES THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS PURCHASER MAY HAVE AS A RESULT OF PROVIDERANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIR. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU
5.3 IN NO EVENT SEGWAY OR OTHER SEGWAY PARTIES’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED TO THE PURCHASE OF THE PRODUCT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHEWISE EXCEEDS THE DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAY’S OR ITS SERVICE PROVIDER’S NEGLIGENCESOLE AND EXCLUSIVE DISCRETION. IN NO EVENT WILL PROVIDER SHALL BE SEGWAY OR OTHER SEGWAY PARTIES BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR MANUFACTURER’S DUTIES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY OR OTHER SEGWAY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5.4 To the extent permitted by applicable law, SEGWAY PARTIES hereby DISCLAIM any liability and thereby shall not be responsible for any damages, including but not limited death, bodily injury or damages to property, arising out of or related to any conduct (including misconduct), action, inaction, act (including failure to act), omission or negligence by any authorized or unauthorized dealer, distributor, wholesaler, retailer or third party that involves into distribution of Product or the services thereto. To the extent permitted by applicable law, the explicit representations and warranties, if any, provided herein, shall be the only warranties and representations made by SEGWAY PARTIES to any consumer or end user. SEGWAY PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or provided by another person, unless Segway Parties have in a written form explicitly authorized such additional warranty and/or representation to be given to consumer or end user.
5.5 If you are a New Jersey consumer, sections 5.2–5.4 shall not apply to you. FOR NEW JERSEY CONSUMERS, TO THE EXTENT PERMITTED BY NEW JERSEY LAW, SEGWAY PARTIES AND SEGWAY DEALERS ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS AFFILIATECOMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERREPAIR, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECTINCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGESENHANCED DAMAGED, YOU MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREPAIR.
Appears in 1 contract
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUD- ED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS,EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITYNONINFRINGEMENT, TITLE, QUIET ENJOYMENT ENJOYMENT, DATA ACCURACY AND NON-INFRINGEMENTSYSTEM INTEGRATION. PROVIDERDOES THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS CONTENT WILL BE LIABLE FOR UNAUTHORIZED ACCESS UNINTERRUPTED OR ERROR FREE. TO OR ALTERATIONTHE MAXIMUM EXTENT PERMITTED BY LAW, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WE WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION DAMAGES OF ANY THIRD PARTY’S RIGHTS KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY ANY THIRD-PARTY SERVICE PROVIDERAPPLICABLE LAW, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM OUR TOTAL LIABILITY TO CUSTOMER WILL YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AMOUNTS AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER YOU TO PROVIDER IN US DURING THE THREE (3) MONTHS MONTH IMMEDIATELY PRECEDING THE DATE THE CLAIM ACCRUEDACT ALLEGEDLY GIVING RISE TO OUR LIABILITY. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERIn the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Appears in 1 contract
Samples: Website Terms of Service
Disclaimer and Limitation of Liability. PROVIDER NCM PROVIDES ALL NCM CONTENT AND ALL SERVICES PERFORMED BY NCM UNDER THIS AGREEMENT "AS-IS" AND "AS-AVAILABLE." NCM MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE NCM CONTENT OR SUCH SERVICES, AND ADVERTISER HAS NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES OF NCM REGARDING THE NCM CONTENT OR SUCH SERVICES. NCM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO REPRESENTATIONS AND WARRANTIES REGARDING THE NCM CONTENT AND SUCH SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND OR NON-INFRINGEMENTINFRINGEMENT OF THIRD-PARTY RIGHTS. PROVIDERDOES NCM’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT REPRESENT, WARRANT OR COVENANT THAT EXCEED THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS AMOUNT OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS FEES ACTUALLY PAID TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY NCM UNDER THIS AGREEMENT DURING THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCELIABILITY. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) NCM BE LIABLE FOR ANY DIRECT, ACTUALCONSEQUENTIAL, INDIRECT, CONSEQUENTIALEXEMPLARY, PUNITIVE, SPECIAL, PUNITIVE OR OTHER INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES RELATING TO LOST DATA, LOST REVENUE OR FOR ANY COST PROFITS, OR COSTS OF COVER PROCUREMENT OF SUBSTITUTE GOODS OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVERSERVICES, ARISING FROM OR RELATED RELATING TO THIS AGREEMENT OR A PROVIDER PARTYAGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF NCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, ADVERTISER’S PERFORMANCE OR NONPERFORMANCE SOLE AND EXCLUSIVE REMEDY FOR NCM’S FAILURE TO EXHIBIT THE ADVERTISING AS SET FORTH ON THE ORDER WILL BE FOR NCM TO “MAKE-GOOD” (MAKE AVAILABLE TO ADVERTISER AN ALTERNATIVE TIME PERIOD OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE REASONABLY COMPARABLE VALUE FOR THE ACTS RE-EXHIBITION OF SUCH ADVERTISING). MAKE-GOOD IS ONLY AVAILABLE UPON ADVERTISER’S WRITTEN REQUEST RECEIVED BY NCM WITHIN ONE MONTH OF THE APPLICABLE FAILURE AND MUST BE DISPLAYED WITHIN ONE YEAR FOLLOWING THE APPLICABLE FAILURE. ADVERTISING SHALL BE RUN ON PER SCREEN OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION PER THEATRE (AS INDICATED ON THE ORDER)/PER WEEK BASIS AND REGARDLESS OF ANY THIRD PARTY’S RIGHTS BY OTHER LANGUAGE TO THE CONTRARY, NCM HAS NOT MADE AND IS MAKING NO REPRESENTATIONS WITH REGARD TO NUMBER OF IMPRESSIONS. NCM SHALL USE COMMERCIALLY REASONABLE EFFORTS TO CAUSE ADVERTISING TO BE DISPLAYED IN ALL APPLICABLE SHOWINGS AT THE RELEVANT THEATRES, BUT NCM DOES NOT GUARANTEE THAT ADVERTISING SHALL BE DISPLAYED IN A SPECIFIC NUMBER OF SHOWINGS AT ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERTHEATRE.
Appears in 1 contract
Samples: Regional Insertion Order Agreement
Disclaimer and Limitation of Liability. PROVIDER EXCEPT AS TO TITLE AND FREEDOM FROM LIENS OR ENCUMBRANCES, EACH AIRCRAFT AND EACH PART THEREOF IS BEING SOLD AND DELIVERED TO PURCHASER IN “AS IS, WHERE IS, WITH ALL FAULTS” CONDITION AT TIME OF DELIVERY, WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY KIND BEING MADE OR GIVEN BY SELLER, ITS SHAREHOLDERS. DIRECTORS, MEMBERS, MANAGERS, OFFICERS, AGENTS, EMPLOYEES, ATTORNEYS OR ASSIGNS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE AND SELLER DISCLAIMS ALL WARRANTIESEXPRESS OR IMPLIED WARRANTIES WHETHER ARISING IN LAW, EXPRESS,IMPLIEDIN EQUITY, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATACONTRACT, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATIONIN TORT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSIONIMPLIED WARRANTY OF MERCHANTABILITY, CUSTODY OR CONTROLAIRWORTHINESS, THROUGH ACCIDENTDESIGN, FRAUDULENT MEANS OR DEVICESCONDITION, OR FITNESS FOR A PARTICULAR USE. PURCHASER HEREBY WAIVES, RELEASES AND RENOUNCES ANY OTHER METHODCLAIM (INCLUDING, REGARDLESS WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE CAUSED BY AN AIRCRAFT OR BY PURCHASER’S LOSS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT USE THEREOF FOR ANY REASON WHATSOEVER, EXCEPT FOR ANY CLAIM ARISING OUT OF PROVIDERSELLER’S COVENANT OF TITLE AND FREEDOM FROM LIENS OR ITS SERVICE PROVIDER’S NEGLIGENCEENCUMBRANCES. IN NO EVENT WILL PROVIDER OR ITS AFFILIATEWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) SELLER SHALL NOT BE LIABLE OR RESPONSIBLE TO PURCHASER FOR ANY DIRECTDEFECTS, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE EITHER PATENT OR OTHER DAMAGESLATENT IN AN AIRCRAFT, OR FOR ANY COST DIRECT OR INDIRECT DAMAGE TO PERSONS OR PROPERTIES RESULTING THEREFROM OR FOR PURCHASER’S LOSS OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE USE OF OR A DEFECT DIMINUTION IN VALUE OF THE SERVICES, EQUIPMENT AIRCRAFT OR FOR ANY PRODUCT, A PROVIDER PARTYINTERRUPTION IN PURCHASER’S VIOLATION OF A THIRD PARTYBUSINESS CAUSED BY PURCHASER’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE INABILITY TO USE AN AIRCRAFT FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREASON WHATSOEVER.
Appears in 1 contract
Samples: Aircraft Purchase Agreement (Tempus Applied Solutions Holdings, Inc.)
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent possible, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO MNINET AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT MNINET RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, MNINET AND MNINET RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR SERVICES RELATED TO THIS AGREEMENT THE DOMAIN NAME. IN THE EVENT THAT MNINETOR A MNINET RELATED PARTY TAKES ACTION WITH RESPECT TO A .ms DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS REVERSED, MODIFIED, OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY MNINET Networks Limited, A FAILURE OF MNINETRELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTMNINET COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY’S ACTS OR OMISSIONS. PROVIDER WILL , THAT MNINET AND MNINET RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF MNINET OR OMISSIONS OFMNINET RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF MNINET OR MNINET RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A FAILURE REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, MNINET AND MNINET RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS- STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE- DELEGATION OF THE .ms TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF MNINET OR MNINET RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF MNINET OR MNINET RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR MNINET OR MNINET RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF MNINET OR MNINET RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO MNINET OR MNINET RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREGISTRANT.
Appears in 1 contract
Samples: Domain Registration Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESEXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, EXPRESS,XXXXX DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OTHERWISE, INCLUDING WITHOUT LIMITATIONS WARRANTIES AS TO UNINTERRUPTED OR PERFORMANCE OR CUSTOMERROR FREE TRANSACTIONS, WITH RESPECT TO THE SERVICESPRIVACY, EQUIPMENTSECURITY, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN OR THOSE ARISING OUT OF A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS COURSE OF DEALING OR CURRENCY USAGE OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCETRADE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) XXXXX BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR FOR ANY COST LACK OF COVER AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVERECONOMIC DAMAGES, ARISING FROM OUT OF THE PRODUCTS PROVIDED BY XXXXX OR OTHERWISE RELATED TO THIS AGREEMENT AGREEMENT, EVEN IF XXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE CLAIM. IN NO CASE WILL XXXXX'X TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF OBLIGATIONS HEREUNDERCONTRACT, A FAILURE OF OR A DEFECT IN THE SERVICESNEGLIGENCE, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTGROSS NEGLIGENCE, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT OTHERWISE) BE LIABLE FOR MORE THAN THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT FOR THE SPECIFIC PRODUCT TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE WHICH THE CLAIM ACCRUEDRELATES. THE PROVIDER PARTIES IN NO EVENT WILL NOT XXXXX BE LIABLE IN ANY WAY TO ANY USERCUSTOMER FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Appears in 1 contract
Samples: Electronic Commerce Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS (a) EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, THE SERVICE AND ALL DATA IS PROVIDED ON AN “AS IS” BASIS. COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, COMPATIBILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICE OR ANY DATA. COMPANY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (1) THE USE OF THE SERVICE OR ANY DATA WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (2) THE SERVICE OR ANY DATA WILL MEET CUSTOMER REQUIREMENTS OR EXPECTATIONS, (3) THE SERVICE OR ANY DATA WILL RESULT IN SALES, (4) ANY DATA WILL BE ACCURATE OR RELIABLE, (5) ERRORS OR DEFECTS WILL BE CORRECTED, OR (6) THE SERVICE OR THE SERVER(S) AND/OR OTHER SYSTEMS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FEATURES. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, UNITED STATES POSTAL SERVICE, AND OTHER DELIVERY SERVICES. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS,, IMPLIED, STATUTORY STATUTORY, OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDEROTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENTINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY COMPANY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(b) OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. PROVIDERDOES NOT REPRESENTIN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, WARRANT PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR COVENANT THAT THE PRODUCTS, SERVICES OTHER DAMAGES OF ANY TYPE OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR KIND (INCLUDING LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATIONREVENUE, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILESPROFITS, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESUSE, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERECONOMIC ADVANTAGE) ARISING OUT OF, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY CONNECTED WITH THE SERVICE OR ANY DATA, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, ANY USERINTERRUPTION, INACCURACY, ERROR, DEFECT, OR OMISSION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Appears in 1 contract
Samples: Subscription Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS NOTHING CONTAINED IN THIS WEBSITE CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THIS WEBSITE CONSTITUTES A SOLICITATION OR OFFER BY ACCUMULUS, ANY OF ITS AFFILIATES OR ANY FUND OR OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ACCUMULUS, TO BUY OR SELL ANY PARTNERSHIP INTEREST, SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE INFORMATION PROVIDED ON THIS WEBSITE AND ANY DECISIONS BASED ON SUCH INFORMATION. AS A CONDITION OF ACCESSING THIS WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU AGREE TO HOLD ACCUMULUS AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AFFILIATES, AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION. THIS WEBSITE AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). ACCUMULUS MAKES NO WARRANTY THAT THIS WEBSITE WILL BE UNINTERRUPTED, RELIABLE, ERROR- FREE, VIRUS-FREE, MALWARE-FREE, CURRENT, ACCURATE OR COMPLETE, OR WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU AGREE THAT TEMPORARY INTERRUPTIONS OF THIS WEBSITE MAY OCCUR AND ACCUMULUS HAS NO CONTROL OVER ANY THIRD PARTY NETWORKS IN CONNECTION WITH ITS SERVICES OR ANY DELAYS OR DISRUPTIONS OF NETWORK TRANSMISSIONS. ACCUMULUS IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACCUMULUS AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS,EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT ACCUMULUS AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL AFFILIATES SHALL NOT BE LIABLE IN ANY WAY RESPECT FOR ANY DAMAGES WHATSOEVER ARISING FROM USE OR INABILITY TO USE THIS WEBSITE OR MATERIALS CONTAINED HEREIN (INCLUDING WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION, OR LIABILITY IN RELATION TO ERRORS OR OMISSIONS IN ANY USERINFORMATION OR MATERIALS OR THE USE OR INTERPRETATION BY OTHERS OF SUCH INFORMATION OR MATERIALS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ACCUMULUS, ITS AFFILIATES OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF ACCUMULUS AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU TO ACCUMULUS, IF ANY, FOR YOUR ACCESS TO THIS WEBSITE. PLEASE NOTE THAT SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Appears in 1 contract
Samples: Terms and Conditions of Use
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS EXCEPT AS EXPLICITLY PROVIDED HEREIN, THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS,EITHER EXPRESS OR IMPLIED, STATUTORY AND MAKE NO REPRESENTATION OR ARISING FROM A COURSE WARRANTIES OF DEALING OR PERFORMANCE OR CUSTOMANY KIND, WITH RESPECT RELATED TO THE SERVICESWEBSITE AND CONTENT, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS . WE MAKE NO REPRESENTATION OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT WARRANTIES THAT THE PRODUCTSWEBSITE AND CONTENT ARE OR WILL BE AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR AT A SPECIFIC TIME, SERVICES THAT THE WEBSITE WILL BE SECURED, UNINTERRUPTED OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATAERROR-FREE, OR BE SECURE. NEITHER PROVIDER FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR ITS SERVICE PROVIDERS THAT CONTENT WILL BE LIABLE ACCURATE OR RELIABLE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR UNAUTHORIZED ACCESS TO ANY DECISION MADE OR ALTERATION, THEFT ACTION TAKEN OR DESTRUCTION OF CUSTOMER’S NOT TAKEN IN RELIANCE ON THE WEBSITE OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, CONTENT NOR DO WE ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER INCIDENTAL DAMAGES, OR DAMAGES FOR ANY COST LOSS OF COVER BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVEROTHER PECUNIARY LOSS, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OUT OF OBLIGATIONS HEREUNDERTHE USE OF THE WEBSITE AND CONTENT, A FAILURE EVEN IF WE HAVE BEEN INFORMED OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION POSSIBILITY OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONSSUCH DAMAGES. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO ANY USERSTOP USING THE WEBSITE.
Appears in 1 contract
Samples: Website Terms and Conditions
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, EXPRESS,IMPLIEDTERMS, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, EQUIPMENTINFORMATION, GOODS, AND ANY OTHER PROVIDER PRODUCTSMATERIALS MADE AVAILABLE THROUGH THE SITE, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXXNONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-LIKE MANNERFREE, COMPLIANCE NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH LAWSTHE SITE, QUALITYAND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATACOMPLETENESS, OR BE SECUREUSEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) NOT BE LIABLE FOR ANY DIRECTINDIRECT, ACTUAL, INDIRECTINCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGESEXEMPLARY, OR FOR ANY COST OF COVER OR LOST PROFITS PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVERIN CONNECTION WITH THE SITE, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE NOR FOR ANY DAMAGES FOR LOSS OF OBLIGATIONS HEREUNDERPROFITS, A FAILURE LOSS OF OR A DEFECT USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTSITE, OR A PROVIDER PARTY’S ACTS UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR OMISSIONSLOSSES. PROVIDER FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. WE ARE ALSO NOT LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BYXx Xxxxx Xxxxx MD, OR VIOLATION THE PROVIDERS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ANY THIRD ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S RIGHTS LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY THIRD-PARTY SERVICE PROVIDEROTHER MATTER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL THEN SUCH PARTY’S LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY LIMITED OR EXCLUDED TO ANY USERTHE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
Appears in 1 contract
Samples: Terms of Use
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICESFULLEST EXTENT PERMITTED BY APPLICABLE LAW, EQUIPMENT, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION BUSINESS INTERRUPTION OR LOSS OF PROFIT, REVENUE, MATERIALS, ANTICIPATED SAVINGS, DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATIONCONTRACT, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESGOODWILL, OR THE LIKE (WHETHER DIRECT OR INDIRECT IN NATURE) OR FOR ANY OTHER METHOD, REGARDLESS FORM OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUALINCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER KIND. EACH PARTY’S PERFORMANCE MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL OTHER CLAIMS AND LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY, WHETHER OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERNOT INSURED, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID LESSER OF $1,000,000 OR THE COST OF THE WORK. REXEL USA DISCLAIMS ALL LIABILITY RELATIVE TO GRATUITOUS INFORMATION OR ASSISTANCE PROVIDED BY CUSTOMER BUT NOT REQUIRED OF REXEL USA BY THE STATEMENT OF WORK. ANY ACTION BY EITHER PARTY MUST BE BROUGHT WITHIN 18 MONTHS AFTER THE CAUSE OF ACTION ACCRUES. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR CONDITION OR EXCLUSION OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION. THIS PROVISION EXTENDS TO PROVIDER IN THE THREE BENEFIT OF REXEL USA’S PARENT, SUBSIDIARIES, AFFILIATES, VENDORS (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERINCLUDING ROCKWELL AUTOMATION, INC.), AND OTHER AUTHORIZED RESELLERS AS THIRD-PARTY BENEFICIARIES.
Appears in 1 contract
Samples: Services Agreement
Disclaimer and Limitation of Liability. PROVIDER 8.1 EXCEPT FOR THE REPRESENTATIONS AND LIMITED WARRANTIES CONTAINED IN SECTIONS 7 AND 9 OF THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATLAS DISCLAIMS ALL WARRANTIES, EXPRESS,EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE LICENSED SOFTWARE, DOCUMENTATION AND SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDINGINLCUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLEQUIET ENJOYMENT, QUIET ENJOYMENT AND NON-INFRINGEMENTPOSSESSION OR CORRESPONDENCE TO DESCRIPTION. PROVIDERDOES ATLAS DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED OPERATION OF THE LICENSED SOFTWARE WILL OPERATE UNINTERRUPTED, ERROR BE ERROR-FREE OR WITHOUT DEGRADATION UNINTERRUPTED OR LOSS OF DATA, THAT ALL SOFTWARE ERRORS CAN OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS CORRECTED. ALL ERROR CORRECTIONS OR BUG-FIXES PROVIDED TO LICENSEE WHICH ARE NOT MADE GENERALLY COMMERCIALLY AVAILABLE AS PART OF AN UPDATE ARE PROVIDED “AS IS” WITHOUT WARRANTY OR ALTERATION, THEFT CONDITION OF ANY KIND. ANY SUPPLEMENTS OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, UPDATES TO THE SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSIONFIXES OR ERROR CORRECTIONS PROVIDED AFTER THE EXPIRATION OF WARRANTY PERIOD EXPRESSLY SET FORTH HEREIN IS NOT COVERED BY ANY WARRANTY OR CONDITION, CUSTODY EXPRESS, IMPLIED OR CONTROLSTATUTORY.
8.2 UNDER NO CIRCUMSTANCES SHALL ATLAS BE LIABLE TO LICENSEE FOR ANY ACT OR OMISSION, THROUGH ACCIDENT, FRAUDULENT MEANS CONCERNING PERFORMANCE OR DEVICES, OR ANY OTHER METHOD, REGARDLESS NON-PERFORMANCE BY ATLAS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCEOBLIGATIONS PURSUANT TO THIS AGREEMENT. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) SHALL ATLAS BE LIABLE FOR DAMAGES, INCLUDING ANY DIRECT, ACTUALSPECIAL, INDIRECT, CONSEQUENTIALPUNITIVE, SPECIALEXEMPLARY, PUNITIVE INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES, AS WELL AS FOR LICENSEE’S LOSS OF REVENUE OR FOR ANY COST PROFITS, LOSS OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVERDATA, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCTDAMAGES CLAIMED AGAINST LICENSEE BY ANY OTHER PARTY EVEN IF ATLAS HAS BEEN ADVISED, A PROVIDER PARTY’S VIOLATION IN ALL CASES, OF A THIRD PARTY’S RIGHTTHE POSSIBILITY THEREOF. LICENSEE ACKNOWLEDGES THAT WITHOUT ITS AGREEMENT TO THE LIMITATIONS CONTAINED HEREIN, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE THE FEES CHARGED FOR THE ACTS OR OMISSIONS OFSOFTWARE HEREIN WOULD BE HIGHER.
8.3 Licensee hereby acknowledges and agrees that the Video Content is intended for educational and promotional purposes only and is not intended nor may it be interpreted as a substitute for professional medical advice, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BYmedical diagnoses, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRDopinion, treatment or services to the Licensee, Licensee’s patients, Licensee’s staff or any third parties for whom Licensee is responsible at law. Licensee hereby releases and forever discharges Atlas, its representatives, successors, shareholders, directors and assigns (hereinafter collectively referred to as the “Releasees”) and shall indemnify and hold the Releasees harmless from any and all liability arising directly or indirectly as a result of Licensee’s use of Video Content.
8.4 It is understood and agreed that Licensee shall be solely responsible for: (i) obtaining informed patient consent for treatment and for the collection, use and disclosure of personal information in accordance with applicable privacy legislation and industry-PARTY SERVICE PROVIDERstandard privacy protection protocols; (ii) obtaining express opt-ins from patients in accordance with applicable anti-spam legislation in the event that Licensee elects to send electronic communications to its patients or other third parties; and (iii) obtaining informed consent of patients in connection with the use of apps and web-based products that may link with the Software. Licensee hereby unconditionally and irrevocably releases and forever discharges Releasees and shall indemnify and hold the Releasees harmless from any and all liability arising directly or indirectly as a result of : (a) Licensee’s collection, FACILITY OPERATOR OR CARRIERuse, disclosure and storage of personal third party information; (b) third party hacking, theft, use, disclosure or manipulation of personal third party information in Licensee’s possession or control; or (c) Licensee failure to obtain required consents and opt-ins and/or failure to respect opt-out requests, as required by applicable privacy and anti-spam legislation. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE For greater certainty, under no circumstances shall the Releasees be liable to Licensee and to any third party claimant for any act or omission by the Licensee of its legal obligations arising under applicable privacy or anti-spam legislation.
8.5 At Licensee’s written request, Atlas shall, free of charge, for a period of one (31) MONTHS PRECEDING THE DATE THE CLAIM ACCRUEDweek, as case may be, assist Licensee with its Software installation and data conversion for the purposes hereof. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERAtlas does not represent or warrant that the data conversion process shall be error-free nor that Licensee’s data shall be convertible. Licensee may be required to manually convert its own data. Licensee acknowledges that its data may not be convertible and hereby releases and forever discharges Atlas from any and all liability in connection therewith. Licensee hereby unconditionally and irrevocably releases and forever discharges Atlas and shall indemnify and hold Atlas harmless from any and all liability arising directly or indirectly from any data conversion, including the loss, theft or inadvertent disclosure of patient information.
8.6 Any referral or reward program in place from time to time may be cancelled or modified by Atlas, without notice, in its sole and absolute discretion.
8.7 Atlas may provide and integrate various third party services and software in conjunction herewith including, without limitation, text messaging services, third party credit card processing and/or automatic debit processing services, electronic file transfer, and integrated third party software notes, macros and other supporting materials. Licensee acknowledges and agrees that such services are owned, operated, controlled and maintained by third parties and any access to or information, products or other services made available by such third parties are provided “as is” and without representations or warranties by Atlas of any nature or kind whatsoever, whether express or implied. Xxxxx assumes no responsibility whatsoever for the acts or omissions of third party proprietors of such services and software nor for those of the Licensee in using or operating same and over which Atlas has no control, ownership or oversight. To the fullest extent permissible by law, Atlas disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Atlas does not warrant that the functions contained in the services will be uninterrupted or error-free, that defects will be corrected, or that third party internet sites or servers that make text messaging, credit card processing and automatic debit processing services available, and electronic file transfers, are free of viruses or other harmful components. Atlas does not warrant or make any representations regarding the use or the results of the use of the materials in third party internet sites or third-party services in terms of their correctness, accuracy, timeliness, reliability or otherwise. Licensee assumes the entire cost of all necessary maintenance, repair or correction in respect of text messaging to the full and complete exoneration of Atlas. Licensee hereby unconditionally and irrevocably releases and forever discharges Atlas and shall indemnify and hold Atlas harmless from any and all liability arising directly or indirectly from the current or future integration with any and all third party services and software. To the extent that Atlas operates, controls, stores, possesses and/or maintains any access to personal patient information including, without limitation, credit card information and bank account information to the fullest extent permitted by law, Atlas shall not be liable for, and Licensee hereby unconditionally and irrevocably releases and forever discharges Atlas and shall indemnify and hold Atlas harmless from any and all liability arising directly or indirectly from third party hacking, theft, use, disclosure or manipulation of such personal patient information.
8.8 Licensee hereby expressly grants Atlas permission to disclose Licensee’s contact information solely to third party businesses and integrated services providers which deliver services, products and/or software in conjunction herewith (such as, without limitation, text messaging services, third party credit card processing and/or automatic debit processing services and integrated third party software notes, macros and other supporting materials). It is understood and agreed that such third party providers may use such contact information to communicate directly with Licensee. This consent may be revoked by Licensee at any time upon written notice to Atlas.
Appears in 1 contract
Samples: Software License Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT PURCHASE THE TOKENS. IF YOU DO NOT AGREE TO ALL WARRANTIESOF THE PROVISIONS OF THIS AGREEMENT, EXPRESS,IMPLIEDYOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE EITHER THE WEBSITE, STATUTORY THE PLATFORM OR ITS SERVICES. CITIZENS AND RESIDENTS OF THE USA, THE PEOPLE’S REPUBLIC OF CHINA, AUSTRALIA, HONG KONG, SINGAPORE AND SOUTH KOREA ARE NOT ELIGIBLE TO PURCHASE THE TOKENS AND MUST NOT BUY THE TOKENS. DUE TO THE COMPANY’S PRODUCTS BEING OFFERED ON THE INTERNET (MEANING BOTH THE WORLD WIDE WEB AND THE ETHEREUM BLOCKCHAIN) THE COMPANY UNDERSTANDS THAT THERE IS A POSSIBILITY THAT THERE MIGHT BE A CERTAIN FLOW OF THE TOKENS INTO THE USA, CHINA, AUSTRALIA, HONG KONG, SINGAPORE AND SOUTH KOREA OR TO THE CITIZENS OR RESIDENTS OF THE MENTIONED COUNTRIES. THE COMPANY WILL BEAR NO RESPONSIBILITY AND YOU UNCONDITIONALLY RELEASE THE COMPANY FROM ANY AND ALL LIABILITY OR NEED FOR INDEMNIFICATION ARISING FROM THE PURCHASE OF TOKENS BY YOU AS A COURSE CITIZEN OR RESIDENT OF DEALING THE ABOVE MENTIONED COUNTRIES IF YOU PURCHASE TOKENS. WITH REGARD TO OTHER JURISDICTIONS IT IS YOUR RESPONSIBILITY TO ASCERTAIN AND CONFIRM THAT THE PURCHASE OF THESE TOKENS IS PERMITTED IN THE COUNTRY OF YOUR RESIDENCE. YOU SHOULD NOT AND ARE NOT ALLOWED TO PARTICIPATE IN THIS TOKEN SALE IF LEGAL RESTRICTIONS FOR THESE TYPES OF TRANSACTIONS EXIST IN YOUR COUNTRY OF RESIDENCE. LIABILITY AND RESPONSIBILITY FOR VIOLATION OF THE LAWS OF YOUR COUNTRY AS CONCERNS THIS TOKEN SALE AND THIS AGREEMENT SHALL REST SOLELY AND COMPLETELY ON YOU.
6.1. Due to the uncertain risks, including but not limited to the risks disclosed in Annexure 1 to this Agreement, YOU acknowledge, understand and agree that YOU should not expect and there is no guarantee or representation or warranty either by the Company or through the purchase of the Harambee Tokens that the Land LayBy Listing Platform will ever be created, completed, launched or successfully adopted by the target or intended market.
6.2. The Company does not warrant that the use and operation of the Land LayBy Listing Platform will be uninterrupted, without delays or error-free. Furthermore, holding Harambee Tokens is not a guarantee, representation or warranty that YOU will be able to use the Land LayBy Listing Platform, or to receive any tokens utilized on the Land LayBy Listing Platform even if it is launched.
6.3. The Company cannot and does not represent or warrant that Harambee Tokens or the delivery mechanism for Harambee Tokens are free of viruses or other harmful or damaging components and the Company will not be liable for delays, interruptions, service failures or other problems inherent in the use of the internet or electronic communications or other systems outside our control.
6.4. The Harambee Tokens are to be provided on an “as is” basis and without any warranties of any kind, either expressed or implied. YOU assume all responsibility and risk with respect to buying any amount of the Harambee Tokens and their use. We do not represent or warrant that the Harambee Tokens are reliable, current or error-free, meet your requirements, or that defects in the tokens, if such are found, will be corrected.
6.5. YOU hereby expressly agree that, to the maximum extent permitted by the applicable law, the Company does not and will not accept any liability for any damage or loss, PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT PURCHASE THE TOKENS. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE EITHER THE WEBSITE, THE PLATFORM OR PERFORMANCE OR CUSTOMITS SERVICES. CITIZENS AND RESIDENTS OF THE USA, WITH RESPECT THE PEOPLE’S REPUBLIC OF CHINA, AUSTRALIA, HONG KONG, SINGAPORE AND SOUTH KOREA ARE NOT ELIGIBLE TO PURCHASE THE TOKENS AND MUST NOT BUY THE TOKENS. DUE TO THE SERVICESCOMPANY’S PRODUCTS BEING OFFERED ON THE INTERNET (MEANING BOTH THE WORLD WIDE WEB AND THE ETHEREUM BLOCKCHAIN) THE COMPANY UNDERSTANDS THAT THERE IS A POSSIBILITY THAT THERE MIGHT BE A CERTAIN FLOW OF THE TOKENS INTO THE USA, EQUIPMENTCHINA, AUSTRALIA, HONG KONG, SINGAPORE AND SOUTH KOREA OR TO THE CITIZENS OR RESIDENTS OF THE MENTIONED COUNTRIES. THE COMPANY WILL BEAR NO RESPONSIBILITY AND YOU UNCONDITIONALLY RELEASE THE COMPANY FROM ANY AND ALL LIABILITY OR NEED FOR INDEMNIFICATION ARISING FROM THE PURCHASE OF TOKENS BY YOU AS A CITIZEN OR RESIDENT OF THE ABOVE MENTIONED COUNTRIES IF YOU PURCHASE TOKENS. WITH REGARD TO OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT JURISDICTIONS IT IS YOUR RESPONSIBILITY TO ASCERTAIN AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT CONFIRM THAT THE PRODUCTSPURCHASE OF THESE TOKENS IS PERMITTED IN THE COUNTRY OF YOUR RESIDENCE. YOU SHOULD NOT AND ARE NOT ALLOWED TO PARTICIPATE IN THIS TOKEN SALE IF LEGAL RESTRICTIONS FOR THESE TYPES OF TRANSACTIONS EXIST IN YOUR COUNTRY OF RESIDENCE. LIABILITY AND RESPONSIBILITY FOR VIOLATION OF THE LAWS OF YOUR COUNTRY AS CONCERNS THIS TOKEN SALE AND THIS AGREEMENT SHALL REST SOLELY AND COMPLETELY ON YOU. including loss of business, revenue, anticipated savings or profits, or loss of or damage to data, equipment, or software (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise), resulting from any use of, or inability to use, the Website, the Land LayBy Listing Platform or the material, information, software, facilities, services or content on the Website or Land LayBy Listing Platform, as well as from purchasing of the Harambee Tokens, regardless of the basis, upon which the liability is claimed and even if the Company has or had been advised of the possibility of such loss or damage.
6.6. YOU understand and agree that the Company shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any change of the value of the Harambee Tokens. YOU understand and expressly agree that the Company shall not guarantee in any way that the Harambee Tokens might be sold or transferred during or after the Token Sale. If applicable law does not allow all or any part of the above limitation of liability to apply to YOU, the limitations will apply to YOU only to the extent permitted by applicable law.
6.7. YOU understand and agree that it is your obligation to ensure compliance with any legislation relevant to your country of domicile concerning purchase of the Harambee Tokens, and that the Company shall not accept any liability for any illegal or unauthorized purchase of the Harambee Tokens.
6.8. YOU agree to be solely responsible for any applicable taxes imposed on tokens purchased hereunder.
6.9. YOU understand, agree and accept that the Company makes no representation, warranty or undertaking that the information provided in this Agreement, the PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT PURCHASE THE TOKENS. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE EITHER THE WEBSITE, THE PLATFORM OR EQUIPMENT PROVIDED ITS SERVICES. CITIZENS AND RESIDENTS OF THE USA, THE PEOPLE’S REPUBLIC OF CHINA, AUSTRALIA, HONG KONG, SINGAPORE AND SOUTH KOREA ARE NOT ELIGIBLE TO PURCHASE THE TOKENS AND MUST NOT BUY THE TOKENS. DUE TO THE COMPANY’S PRODUCTS BEING OFFERED ON THE INTERNET (MEANING BOTH THE WORLD WIDE WEB AND THE ETHEREUM BLOCKCHAIN) THE COMPANY UNDERSTANDS THAT THERE IS A POSSIBILITY THAT THERE MIGHT BE A CERTAIN FLOW OF THE TOKENS INTO THE USA, CHINA, AUSTRALIA, HONG KONG, SINGAPORE AND SOUTH KOREA OR TO THE CITIZENS OR RESIDENTS OF THE MENTIONED COUNTRIES. THE COMPANY WILL OPERATE UNINTERRUPTED, ERROR FREE BEAR NO RESPONSIBILITY AND YOU UNCONDITIONALLY RELEASE THE COMPANY FROM ANY AND ALL LIABILITY OR WITHOUT DEGRADATION OR LOSS NEED FOR INDEMNIFICATION ARISING FROM THE PURCHASE OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS TOKENS BY YOU AS A RESULT CITIZEN OR RESIDENT OF PROVIDER’S THE ABOVE MENTIONED COUNTRIES IF YOU PURCHASE TOKENS. WITH REGARD TO OTHER JURISDICTIONS IT IS YOUR RESPONSIBILITY TO ASCERTAIN AND CONFIRM THAT THE PURCHASE OF THESE TOKENS IS PERMITTED IN THE COUNTRY OF YOUR RESIDENCE. YOU SHOULD NOT AND ARE NOT ALLOWED TO PARTICIPATE IN THIS TOKEN SALE IF LEGAL RESTRICTIONS FOR THESE TYPES OF TRANSACTIONS EXIST IN YOUR COUNTRY OF RESIDENCE. LIABILITY AND RESPONSIBILITY FOR VIOLATION OF THE LAWS OF YOUR COUNTRY AS CONCERNS THIS TOKEN SALE AND THIS AGREEMENT SHALL REST SOLELY AND COMPLETELY ON YOU. Whitepaper, the Annexures, the Website or any other documents produced by the Company in respect of the Token Sale are truthful, accurate and complete.
6.10. This Agreement and all other documents produced by the Company in respect of the Token Sale have been prepared for information purposes only and are not a statement of future intent. Accordingly, no reliance may be placed on these statements as being a promise, representation or undertaking as to the future performance or state of the Company, the Harambee Tokens or the Land LayBy Listing Platform.
6.11. The Company disclaims all liability for any loss or damage of whatsoever kind (whether foreseeable or not) which may arise from any person acting on any information and opinions relating to the Company, the Land LayBy Listing Platform, the Harambee Tokens or the Token Sale contained in this Agreement, any other documents produced by the Company in respect of the Token Sale, or any information which is made available in connection with any further enquiries, notwithstanding any negligence, default or lack of care.
6.12. YOU acknowledge that any Open-Source Software provided by the Company is provided "as is" and expressly subject to the disclaimers in this clause.
6.13. All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
6.14. YOU agree that, in entering into this Agreement, YOU did not rely on any representations (whether written or oral) of any kind or of any person other than those PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT PURCHASE THE TOKENS. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE EITHER THE WEBSITE, THE PLATFORM OR ITS SERVICE PROVIDERSERVICES. CITIZENS AND RESIDENTS OF THE USA, THE PEOPLE’S NEGLIGENCEREPUBLIC OF CHINA, AUSTRALIA, HONG KONG, SINGAPORE AND SOUTH KOREA ARE NOT ELIGIBLE TO PURCHASE THE TOKENS AND MUST NOT BUY THE TOKENS. IN DUE TO THE COMPANY’S PRODUCTS BEING OFFERED ON THE INTERNET (MEANING BOTH THE WORLD WIDE WEB AND THE ETHEREUM BLOCKCHAIN) THE COMPANY UNDERSTANDS THAT THERE IS A POSSIBILITY THAT THERE MIGHT BE A CERTAIN FLOW OF THE TOKENS INTO THE USA, CHINA, AUSTRALIA, HONG KONG, SINGAPORE AND SOUTH KOREA OR TO THE CITIZENS OR RESIDENTS OF THE MENTIONED COUNTRIES. THE COMPANY WILL BEAR NO EVENT WILL PROVIDER RESPONSIBILITY AND YOU UNCONDITIONALLY RELEASE THE COMPANY FROM ANY AND ALL LIABILITY OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE NEED FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, INDEMNIFICATION ARISING FROM THE PURCHASE OF TOKENS BY YOU AS A CITIZEN OR RELATED RESIDENT OF THE ABOVE MENTIONED COUNTRIES IF YOU PURCHASE TOKENS. WITH REGARD TO OTHER JURISDICTIONS IT IS YOUR RESPONSIBILITY TO ASCERTAIN AND CONFIRM THAT THE PURCHASE OF THESE TOKENS IS PERMITTED IN THE COUNTRY OF YOUR RESIDENCE. YOU SHOULD NOT AND ARE NOT ALLOWED TO PARTICIPATE IN THIS TOKEN SALE IF LEGAL RESTRICTIONS FOR THESE TYPES OF TRANSACTIONS EXIST IN YOUR COUNTRY OF RESIDENCE. LIABILITY AND RESPONSIBILITY FOR VIOLATION OF THE LAWS OF YOUR COUNTRY AS CONCERNS THIS TOKEN SALE AND THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERSHALL REST SOLELY AND COMPLETELY ON YOU. expressly set out in this Agreement and its annexures or (if YOU did rely on any representations, A FAILURE OF OR A DEFECT IN THE SERVICESwhether written or oral, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE not expressly set out in this Agreement or its annexures) that YOU shall have no remedy in respect of such representations and (3in either case) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERthe Company shall have no liability in any circumstances otherwise than in accordance with the express terms of this Agreement.
Appears in 1 contract
Samples: Token Purchase Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS EXCEPT FOR NCM-OWNED APPS AND WEBSITES, NCM DOES NOT MAINTAIN ANY OF THE ADVERTISING LOCATIONS, MEDIA, OR TECHNOLOGY AND MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONDITION OR AVAILABILITY OF SUCH LOCATIONS, MEDIA, OR TECHNOLOGY. NCM PROVIDES ALL SERVICES, MEDIA, AND NCM CONTENT "AS-IS" AND "AS- AVAILABLE." NCM MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS,, IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOMSTATUTORY, WITH RESPECT TO REGARDING THE SERVICES, EQUIPMENTMEDIA, OR NCM CONTENT. NCM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDERWARRANTIES, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-OR NON- INFRINGEMENT. PROVIDERDOES ADVERTISER IS SOLELY RESPONSIBLE FOR ANY LIABILITY ARISING FROM THE ADVERTISING AND ADVERTISER CONTENT, AND NCM WILL NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS LOSS OR DAMAGE TO ANY ADVERTISING OR ALTERATIONADVERTISER CONTENT. NCM’S TOTAL CUMULATIVE LIABILITY, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILESWHETHER IN CONTRACT, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICESTORT, OR ANY OTHER METHODOTHERWISE, REGARDLESS WILL NOT EXCEED THE AMOUNT OF WHETHER FEES PAID TO NCM UNDER THIS AGREEMENT DURING THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCELIABILITY. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) NCM BE LIABLE FOR ANY DIRECT, ACTUALCONSEQUENTIAL, INDIRECT, CONSEQUENTIALEXEMPLARY, PUNITIVE, SPECIAL, PUNITIVE OR OTHER INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES RELATING TO LOST DATA, LOST REVENUE OR FOR ANY COST PROFITS, OR COSTS OF COVER PROCUREMENT OF SUBSTITUTE GOODS OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVERSERVICES, ARISING FROM OR RELATED RELATING TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF OBLIGATIONS HEREUNDERLIABILITY, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.EVEN IF NCM
Appears in 1 contract
Samples: Standard Media Terms and Conditions
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS THE SITE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, EXPRESS,IMPLIEDTERMS, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, EQUIPMENTINFORMATION, GOODS, AND ANY OTHER PROVIDER PRODUCTSMATERIALS MADE AVAILABLE THROUGH THE SITE, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXXNONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-LIKE MANNERFREE, COMPLIANCE NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH LAWSTHE SITE, QUALITYAND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATACOMPLETENESS, OR BE SECUREUSEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) NOT BE LIABLE FOR ANY DIRECTINDIRECT, ACTUAL, INDIRECTINCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGESEXEMPLARY, OR FOR ANY COST OF COVER OR LOST PROFITS PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVERIN CONNECTION WITH THE SITE, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE NOR FOR ANY DAMAGES FOR LOSS OF OBLIGATIONS HEREUNDERPROFITS, A FAILURE LOSS OF OR A DEFECT USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTSITE, OR A PROVIDER PARTY’S ACTS UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR OMISSIONSLOSSES. PROVIDER FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. WE ARE ALSO NOT LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BYXx Xxxxxxx and Flagstone Medical P.C, OR VIOLATION THE PROVIDERS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ANY THIRD ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S RIGHTS LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY THIRD-PARTY SERVICE PROVIDEROTHER MATTER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL THEN SUCH PARTY’S LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY LIMITED OR EXCLUDED TO ANY USERTHE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
Appears in 1 contract
Samples: Terms of Use
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESEXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, ACTIVE POWER MAKES NO OTHER WARRANTIES WITH RESPECT TO THE ITS PRODUCTS AND SERVICES, EQUIPMENTEXPRESS OR IMPLIED, AND INCLUDING ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, NON-INTERFERENCE OR PARTICULAR RESULTS. PROVIDERDOES NOT REPRESENTTHE REMEDIES OF PURCHASER SET FORTH UNDER THE PROVISIONS OF LIMITED WARRANTY OUTLINED ABOVE ARE THE SOLE AND EXCLUSIVE LIABILITY OF ACTIVE POWER WITH RESPECT TO THE PRODUCTS FURNISHED UNDER THE TERMS AND CONDITIONS OF SALE UNDER WHICH SUCH PRODUCTS WERE PURCHASED FROM ACTIVE POWER AND ANY RELATED WARRANTY SERVICES, WARRANT WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECUREOTHERWISE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. ACTIVE POWER SHALL IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE TO PURCHASER, ANY SUCCESSOR IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE RELATING TO THE PRODUCTS FOR ANY DIRECTCONSEQUENTIAL, ACTUALINCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, SPECIAL OR PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE EVEN IF ACTIVE POWER WAS ADVISED OF OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW A DEFECT LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CERTAIN PRODUCTS. IN THE SERVICESSUCH JURISDICTINS, EQUIPMENT SOME EXCLUSIONS OR ANY PRODUCTLIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO PURCHASER. Active Power’s maximum liability shall not exceed the purchase price paid for the Product upon which such liability is based. Active Power reserves the right to elect, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTin its sole discretion, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE to give Purchaser a refund of Purchaser’s purchase price payments (3less interest) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERinstead of a repaired or replaced Product.
Appears in 1 contract
Samples: Professional Services Master Agreement (Active Power Inc)
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES8.1 Disclaimer – Website. EXCEPT AS EXPRESSLY SET OUT IN SECTION 3.2, ROBOTSHOP MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS,, IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, OTHERWISE IN CONNECTION WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY SET OUT IN SECTION 3.2, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROBOTSHOP EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES. ROBOTSHOP DOES NOT REPRESENT OR NONPERFORMANCE WARRANT THAT: (A) THE USE OF OBLIGATIONS HEREUNDERTHE WEBSITE WILL BE SECURE, A FAILURE OF TIMELY, UNINTERRUPTED OR A DEFECT ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE WEBSITE WILL MEET RESELLER'S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) THE WEBSITE WILL BE ERROR-FREE OR THAT ALL ERRORS OR DEFECTS IN THE SERVICESWEBSITE WILL BE CORRECTED; OR (F) THE WEBSITE OR SERVER(S) THAT MAKE THE WEBSITE OPERATE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. THE WEBSITE MAY BE SUBJECT TO LIMITATIONS, EQUIPMENT OR DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ROBOTSHOP IS NOT RESPONSIBLE FOR ANY PRODUCTDELAYS, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTDELIVERY FAILURES, OR A PROVIDER PARTY’S ACTS OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
8.2 Disclaimer – Products. EXCEPT AS EXPRESSLY SET OUT IN SECTION 3.2, ROBOTSHOP MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OMISSIONSOTHERWISE IN CONNECTION WITH THE PRODUCTS. PROVIDER WILL WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY SET OUT IN SECTION 3.2, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROBOTSHOP EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES. ROBOTSHOP DOES NOT BE LIABLE REPRESENT OR WARRANT THAT: (A) THE PRODUCTS DO NOT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY; (B) THE PRODUCTS ARE FIT FOR ANY USE; OR (C) THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT PRODUCTS COMPLY WITH ANY LAW IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERJURISDICTION.
Appears in 1 contract
Samples: Reseller Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIESThe Registrant acknowledges and agrees that, EXPRESS,IMPLIEDto the maximum extent possible, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO XXX.XX AND THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT XXX.XX RELATED PARTIES SHALL NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIALINCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER DAMAGESWAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, XXX.XX AND XXX.XX RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR ANY COST LACK OF COVER FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR SERVICES RELATED TO THIS AGREEMENT THE DOMAIN NAME. IN THE EVENT THAT XXX.XX OR A PROVIDER PARTY’S PERFORMANCE XXX.XX RELATED PARTY TAKES ACTION WITH RESPECT TO A .SC DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS REVERSED, MODIFIED, OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERACKNOWLEDGED TO HAVE BEEN INCORRECT BY XXX.XX, A FAILURE OF XXX.XX RELATED PARTY, BY OR A DEFECT IN THROUGH THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHTXXX.XX COMPLAINT RESOLUTION SERVICE, OR BY A PROVIDER COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY’S ACTS OR OMISSIONS. PROVIDER WILL , THAT XXX.XX AND XXX.XX RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE ACTS REGISTRANT MAY SUFFER THEREBY, EVEN IF XXX.XX OR OMISSIONS OFXXX.XX RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF XXX.XX OR XXX.XX RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A FAILURE REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, XXX.XX AND XXX.XX RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS- DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS- STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .MU TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF XXX.XX OR XXX.XX RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF XXX.XX OR XXX.XX RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR XXX.XX OR XXX.XX RELATED PARTIES' BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF XXX.XX OR XXX.XX RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A DEFECT IN ANY PRODUCT REFUND OF THE REGISTRATION FEE OR SERVICE PROVIDED BYRENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIERWHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO CUSTOMER WILL NOT EXCEED THE AMOUNTS AMOUNT OF MONEY PAID TO XXX.XX OR XXX.XX RELATED PARTIES BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERREGISTRANT.
Appears in 1 contract
Samples: Registration Agreement
Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENTI AGREE THAT Hanover Your Pet LLC, AND ITS AGENTS, WILL NOT BE LIABLE FOR ANY OTHER PROVIDER PRODUCTSDIRECT OR INDIRECT INJURY TO MY PETS THAT ARISES OUT OF, SERVICES OR EQUIPMENT IS OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE FAILURE OR DEFECTIVENESS OF ANY ITEM PROVIDED HEREUNDEROR THE NEGLIGENCE OF ANY SERVICE FURNISHED BY HANOVER YOUR PET LLC. I FURTHER WAIVE ALL CLAIMS AGAINST HANOVER YOUR PET LLC FOR ANY AND ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES IN WHICH A DEFECT, INCLUDINGNEGLIGENT ACT OR FAILURE, BUT OR AN INJURY OR DAMAGE, RESULTS FROM ANY ITEM SUPPLIED OR SERVICE PROVIDED BY HANOVER YOUR PET LLC, OR ITS AGENTS, UNDER THIS AGREEMENT. I UNDERSTAND THAT HANOVER YOUR PET LLC WILL NOT LIMITED TOBE RESPONSIBLE FOR ANY DAMAGES OR LOSS OF MY PET SHOULD MY PET ESCAPE THE PREMISES. I AGREE THAT IN THE EVENT OF A LOSS OR DAMAGE CAUSED BY THE NEGLIGENCE OF HANOVER YOUR PET LLC, THE ONLY REMEDY AVAILABLE TO ME SHALL BE THE REFUND OF ANY MONIES THAT I HAVE PAID HANOVER YOUR PET LLC FOR THE MOST RECENT INVOICE. I AGREE TO BRING ANY SUCH CLAIMS OF NEGLIGENCE TO HANOVER YOUR PET LLC’S ATTENTION IN WRITING WITHIN THREE DAYS OF THE DATE BY WHICH MY SERVICE IS COMPLETE. I UNDERSTAND THAT A FAILURE TO TIMELY BRING ANY SUCH CLAIM UNDER THE TERMS OF THIS PARAGRAPH WILL RESULT IN A FULL AND FINAL WAIVER OF ANY SUCH CLAIM. I FURTHER AGREE TO INDEMNIFY AND HOLD HANOVER YOUR PET LLC HARMLESS AGAINST THIRD PARTIES FOR ANY AND ALL INJURIES AND/OR DAMAGES CAUSED BY MY PETS. HANOVER YOUR PET LLC EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS . I UNDERSTAND THAT I SHALL NOT HOLD HANOVER YOUR PET LLC RESPONSIBLE FOR ANY INCIDENTAL OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT CONSEQUENTAIL DAMAGES RESULTING DIRECTLY OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION INDIRECTLY FROM ANY INJURY TO OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USERMY PET(S).
Appears in 1 contract
Samples: Liability Waiver
