Disclaimer and Limitation of Liability. MEXICASITA GROUP PROVIDES THE ADS PROGRAMS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH ADVERTISER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEXICASITA GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. MEXICASITA GROUP, ITS LICENSEES, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. Without limitation, MexiCasita Group disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Ad Materials on MexiCasita Group Site , or section thereof; (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the MexiCasita Group Site. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER'S BREACHES OF SECTION 1 AND SECTION 3.B, TO THE FULLEST EXTENT PERMITTED BY LAW: (y) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (z) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO MEXICASITA GROUP BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failures.
Appears in 1 contract
Samples: Terms of Use
Disclaimer and Limitation of Liability. MEXICASITA GROUP PROVIDES THE ADS PROGRAMS "SOFTWARE AND/OR OTHER CONFIDENTIAL INFORMATION ARE PROVIDED AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY. OOTP Developments GRANTS NO CONDITIONS OR WARRANTIES, PERFORMANCE, ACCURACY, AND EFFORT IS WITH ADVERTISER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEXICASITA GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED. MEXICASITA GROUP, ITS LICENSEES, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) ALL IMPLIED CONDITIONS OR WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, . IN NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. Without limitation, MexiCasita Group disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Ad Materials on MexiCasita Group Site , or section thereof; (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the MexiCasita Group Site. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER'S BREACHES OF SECTION 1 AND SECTION 3.B, TO THE FULLEST EXTENT PERMITTED BY LAW: (y) NEITHER PARTY WILL EVENT SHALL OOTP Developments BE LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY THE USE OF THE PRODUCT BY LICENSEE. In addition, OOTP Developments does not represent or warrant that it will make the Software generally available to the public, or that target dates will be met. Moreover, OOTP Developments may change or cancel its plans for distributing the Software at any time. Licensee hereby acknowledges that the Software is of pre-release quality, has not been fully tested, and may contain errors. Licensee assumes the entire risk arising out of the use of the Software and other Confidential Information. IN NO EVENT SHALL OOTP Developments OR ITS LICENSORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIALSPECIAL OR INDIRECT DAMAGES OF ANY SORT, INDIRECTWHETHER ARISING IN TORT, EXEMPLARYCONTRACT OR OTHERWISE INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS DATA ARISING OUT OF USE OF THE SOFTWARE OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION INABILITY TO ADVERTISER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORYUSE THE SOFTWARE, EVEN IF ADVISED OOTP Developments HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (z) EACH PARTY'S AGGREGATE LIABILITY EXCLUSIONS MAY NOT APPLY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO MEXICASITA GROUP BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failuresLICENSEE.
Appears in 1 contract
Samples: Licensing Agreement
Disclaimer and Limitation of Liability. MEXICASITA GROUP PROVIDES THE ADS PROGRAMS Except as expressly set forth elsewhere in this Agreement, You expressly acknowledge and agree that use of the System, is at Your sole risk. The System, and any related documentation or materials are provided "AS IS," "WITH and without warranty of any kind. Selectel is not responsible for errors in programming Handsets or their activations, or for any liability claims or charges, damages or expenses arising from the use of any non-approved Handsets. Plan cards/PINs are sold on a non-refundable, non-transferrable basis. SELECTEL EXPRESSLY DISCLAIMS ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH ADVERTISER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEXICASITA GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONSOTHER WARRANTIES, EXPRESS OR IMPLIED. MEXICASITA GROUP, ITS LICENSEES, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELECTEL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SYSTEM WILL MEET YOUR REQUIREMENTS, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE THAT THE OPERATION OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE ACCESS OR USEFREE. Without limitationNOTWITHSTANDING THE FOREGOING, MexiCasita Group disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Ad Materials on MexiCasita Group Site , or section thereof; (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the MexiCasita Group Site. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER'S BREACHES OF SECTION 1 AND SECTION 3.B, TO THE FULLEST EXTENT PERMITTED BY LAW: (y) NEITHER PARTY WILL IN NO EVENT SHALL SELECTEL BE LIABLE FOR ANY CONSEQUENTIALLOST PROFIT, OR SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR INTEREST DAMAGES. YOU ASSUME ALL RISKS AND LIABILITY FOR ANY LOSS LOSS, DAMAGE OR INTERRUPTION INJURY TO ADVERTISER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) PERSONS OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED PROPERTY ARISING OUT OF YOUR USE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (z) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO MEXICASITA GROUP BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIMSERVICES. Except for payment obligations, neither party is In no event shall Selectel be liable for failure any monetary relief, or delay resulting from a condition beyond the reasonable control for injunctive or other equitable relief by reason of the partyintermediate and temporary storage of material on Selectel's system or network. Regardless of whether Selectel may be liable for any material stored or transmitted on its systems, including but not limited Selectel reserves the right, in its discretion, to acts remove or disable access to material claimed to be the subject of Godillegal activity that in Selectel’s judgment is illegal, governmentobscene or otherwise contains harmful or malicious information or software. Selectel shall have no liability for disabling or removing in good faith any such material regardless of whether the material is ultimately decided to be infringing, terrorismharmful, natural disaster, labor conditions and power failuresobscene or illegal.
Appears in 1 contract
Samples: Terms and Conditions of Service
Disclaimer and Limitation of Liability. MEXICASITA GROUP PROVIDES 7.1 To the full extent permitted by applicable law Alipay shall only be liable for the obligations expressly set forth in this Agreement.
7.2 You agree that all disputes from the Online Transaction shall be a matter solely between you and your counterparty.
7.3 Users’ information is provided by the Users themselves. Alipay makes no representation or warranty with respect to the accuracy, truthfulness and completeness of the Users’ information. You will be solely responsible for all consequences resulting from your own judgment and decision to use or otherwise rely on such information.
7.4 Except as expressly provided in this Agreement and to the full extent permitted by applicable law, Alipay makes no warranty regarding the Alipay Services or any products or services supplied by the Charities under any Online Transaction, including:
(a) the Alipay Services meeting your requirements;
(b) the Alipay Services being uninterrupted, timely or error free; or
(c) any products, information, materials or services obtained by you in connection with the Alipay Services meeting your requirements.
7.5 Any information, proposal or materials that you may obtain from the Alipay Indemnified Persons or through the use of the Alipay Services, whether in writing or oral, shall not constitute Alipay’s warranty regarding the Alipay Services.
7.6 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE ADS PROGRAMS FULL EXTENT PERMITTED BY APPLICABLE LAW THE ALIPAY SERVICES ARE PROVIDED ON AN "AS IS,", "AS AVAILABLE" "AND “WITH ALL FAULTS" ” BASIS. ANY AND "AS AVAILABLE," ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITYTERMS, PERFORMANCEWHETHER EXPRESS OR IMPLIED, ACCURACY, ARE HEREBY DISCLAIMED AND EFFORT IS WITH ADVERTISER. EXCLUDED.
7.7 TO THE MAXIMUM FULL EXTENT PERMITTED BY APPLICABLE LAW, MEXICASITA GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. MEXICASITA GROUP, ITS LICENSEES, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. Without limitation, MexiCasita Group disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Ad Materials on MexiCasita Group Site , or section thereof; (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the MexiCasita Group Site. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER'S BREACHES OF SECTION 1 AND SECTION 3.B, TO THE FULLEST EXTENT PERMITTED BY LAW: (y) NEITHER PARTY WILL ALIPAY INDEMNIFIED PERSONS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIALINCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES (INCLUDING FOR LOSS OF PROFITSPROFITS OR REVENUES, REVENUE, INTEREST, GOODWILLBUSINESS INTERRUPTION, LOSS OR CORRUPTION OF BUSINESS OPPORTUNITIES, LOSS OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER'S BUSINESS) OF OTHER ECONOMIC INTERESTS, WHETHER IN CONTRACT, NEGLIGENCE, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORYOTHERWISE, EVEN IF ADVISED ARISING FROM THE USE OF OR INABILITY TO USE THE ALIPAY SERVICES.
7.8 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE POSSIBILITY OF ALIPAY INDEMNIFIED PERSONS ARISING FROM THE ALIPAY SERVICES IN CONNECTION WITH ANY ONLINE TRANSACTION SHALL NOT EXCEED THE TOTAL REMUNERATION THAT ALIPAY MAY DERIVE FROM SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (z) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO MEXICASITA GROUP BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIMTRANSACTION.
7.9 By using the Alipay Services, you acknowledge and agree that Xxxxxx is not a bank and the Alipay Services should in no way be construed as the provision of banking services. Except Xxxxxx is not acting as a trustee, fiduciary or escrow with respect to a User’s funds and it does not have control of, nor liability for, the products or services that are paid for payment obligationswith the Alipay Services. Alipay does not guarantee the identity of any User or ensure that a Donor or a Charity will complete a transaction on the Platform Sites.
7.10 Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, neither party is liable for failure so the foregoing exclusions or delay resulting from limitations may not apply to you. You may also have other rights that vary by jurisdiction and other jurisdictions.
7.11 If you have a condition beyond the reasonable control of the dispute with any other party, including but you release the Alipay Indemnified Persons from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you agree to waive California Civil Code Section 1542, which states, in part: “A general release does not limited extend to acts claims which a creditor does not know or suspect to exist in his or her favor at the time of Godexecuting the release, government, terrorism, natural disaster, labor conditions and power failureswhich if not known by him or her must have materially affected his or her settlement with the debtor.”
Appears in 1 contract
Samples: Money Transfer Services Agreement
Disclaimer and Limitation of Liability. MEXICASITA GROUP PROVIDES THE ADS PROGRAMS THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITYBASIS, PERFORMANCEWITHOUT WARRANTIES OF ANY KIND, ACCURACY, AND EFFORT IS WITH ADVERTISER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEXICASITA GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED. MEXICASITA GROUP, ITS LICENSEESINCLUDING, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. The City of Xxxxxxxxxx is not responsible or liable for any infections or contamination of your system, WORKMANLIKE EFFORTor delays, ACCURACYinaccuracies, TITLEerrors, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USEor omissions arising out of your use of this Site or with respect to the information and material contained on this Site. Without limitation, MexiCasita Group disclaims all guarantees regarding positioning, levels, The entire risk as to the quality, or timing of: (i) availability accuracy, adequacy, completeness, correctness and delivery validity of any impressions or Ad Materials on MexiCasita Group Site , or section thereof; (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the MexiCasita Group Sitematerial rests with you. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER'S BREACHES OF SECTION 1 AND SECTION 3.B, TO THE FULLEST EXTENT PERMITTED ALLOWED BY LAW: (y) NEITHER , THE CITY , ITS OFFICERS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY WILL PROVIDERS TO THE SITE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, SPECIALINCIDENTAL, INDIRECT, EXEMPLARYSPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITSTHE INABILITY TO USE, REVENUE, INTEREST, GOODWILL, LOSS THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OTHERWISE SUPPLIED BY THE CITY OR ANY OTHER LEGAL THEORYTHIRD PARTY. The appearance of external hyperlinks does not constitute endorsement by the City of the opinions or views expressed by these linked websites and the City does not verify, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, the City is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, the City is not responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information (zthe "Information") EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO MEXICASITA GROUP BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIMor postings from the end user, the City does not assume or have any responsibility or liability for the manner in which the Information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Except for payment obligations, neither party is The City shall not be liable for failure any direct, indirect, incidental or delay resulting special loss or other damage, whether arising from a condition beyond negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the reasonable control exhibition, distribution or exploitation of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failuresany information or content contained within these sites.
Appears in 1 contract
Samples: Terms and Conditions
Disclaimer and Limitation of Liability. MEXICASITA GROUP PROVIDES 11.1 The Product(s) are intended to detect and disclose potential risks in Customer’s system with great accuracy. HOWEVER, THE ADS PROGRAMS "PRODUCT(S) ARE PROVIDED “AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY” WITHOUT WARRANTY OF ANY KIND, PERFORMANCE, ACCURACY, AND EFFORT IS WITH ADVERTISER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEXICASITA GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES EITHER EXPRESSED OR CONDITIONS, EXPRESS OR IMPLIED. MEXICASITA GROUP, ITS LICENSEES, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND MERCHANTABILITY OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR WARRANTIES OF QUALITY OR PERFORMANCE. FOR THE AVOIDANCE OF DOUBT, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENTSECUNIA DOES NOT WARRANT THAT (A) OPERATION OF ANY OF THE PRODUCT(S) SHALL BE UNINTERRUPTED OR ERROR FREE, (B) WARRANTIES THAT FUNCTIONS CONTAINED IN THE PRODUCT(S) SHALL OPERATE IN COMBINATIONS WHICH MAY BE SELECTED FOR USE BY CUSTOMER OR CONDITIONS ARISING THROUGH COURSE OF DEALING MEET CUSTOMER'S REQUIREMENTS, OR USAGE OF TRADE, AND (C) WARRANTIES THAT THE PRODUCT(S) WILL DETECT ALL VULNERABILITIES.
11.2 Customer accepts that any information provided by Xxxxxxx is general information only and is not to be deemed as advice. Secunia will use reasonable business efforts to ensure that any information provided by Secunia is accurate. HOWEVER, SECUNIA DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR CONDITIONS COMPLETENESS OF UNINTERRUPTED SUCH INFORMATION. ACCORDINGLY, XXXXXXX DOES NOT ACCEPT RESPONSIBILITY FOR ANY LOSS SUFFERED AS A RESULT OF CUSTOMER'S USE OF OR ERRORRELIANCE ON THE INFORMATION PROVIDED BY SECUNIA WHETHER PROVIDED BY, CONTAINED IN, OR ACCESSED THROUGH THE PRODUCT(S), AS IT REMAINS CUSTOMER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY SUCH INFORMATION.
11.3 Secunia may enable Customer to download exploit code or provide links to websites with exploit code to allow testing of Customer's own systems such as anti-FREE ACCESS virus programs, IDS, and IPS systems, as well as firewalls, workarounds, and vendor-supplied patches. HOWEVER, EXPLOIT CODE IS DANGEROUS AND SHOULD ONLY BE DOWNLOADED AND EXECUTED ON ISOLATED TEST SYSTEMS. FURTHERMORE, DOWNLOADING AND USING EXPLOIT CODE MAY BE ILLEGAL IN SOME COUNTRIES AND EXPLOIT CODE MAY ALSO BE RESTRICTED BY LICENSE BY THE ORIGINAL AUTHOR. EXPLOIT CODE DOWNLOADED FROM LINKED WEBSITES OR USESECUNIA'S WEBSITES IS NOT VERIFIED OR VALIDATED BY SECUNIA AND MUST BE TREATED AS UNTRUSTED MALICIOUS SOFTWARE. Without limitation, MexiCasita Group disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Ad Materials on MexiCasita Group Site , or section thereof; (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the MexiCasita Group Site. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER CUSTOMER ACKNOWLEDGES THAT SECUNIA IS NOT AND ADVERTISER'S BREACHES OF SECTION 1 AND SECTION 3.B, TO THE FULLEST EXTENT PERMITTED BY LAW: (y) NEITHER PARTY WILL CANNOT BE HELD LIABLE FOR ANY CONSEQUENTIALDAMAGES, LEGAL ISSUES, OR VIOLATION OF THIRD-PARTY RIGHTS CAUSED BY CUSTOMER DOWNLOADING AND USING EXPLOIT CODES FROM LINKED WEBSITES OR SECUNIA'S WEBSITES.
11.4 SECUNIA SHALL IN NO EVENT BE LIABLE TO CUSTOMER (OR ANY OTHER PERSON OR ENTITY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INDIRECTPUNITIVE, EXEMPLARY, OR PUNITIVE CONSEQUENTIAL DAMAGES (INCLUDING INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS AND PRODUCT(S); LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER'S BUSINESS) WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCENEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE PRODUCT(S) OR ANY OTHER LEGAL THEORYLINKED PRODUCTS INCLUDING CUSTOMER'S USE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGE.
11.5 ALL LIABILITY OF SECUNIA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS COLLECTIVELY FOR CLAIMS ARISING UNDER OR RELATED TO THE AGREEMENT, HOWSOEVER ARISING, SHALL BE LIMITED TO TWO TIMES THE TOTAL CONTRACT VALUE, BUT IN NO CASE MORE THAN USD 500,000. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
11.6 CUSTOMER ACKNOWLEDGE THAT THE LIABILITY LIMITATIONS AND EXCLUSIONS SET FORTH IN THESE TERMS AND CONDITIONS REFLECT THE ALLOCATION OF RISK NEGOTIATED AND AGREED TO BY THE PARTIES AND THAT SECUNIA WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS AND EXCLUSIONS ON ITS LIABILITY. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (z) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO MEXICASITA GROUP BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM.
11.7 To the extent permitted by law, any condition, warranty or representation which would otherwise be implied into these Terms and Conditions including without limitation, any warranty or merchantability, title, non-infringement or fitness for a particular purpose or use is hereby excluded.
11.8 Nothing in clause 10.3 shall be construed to limit Secunia's liability under the mandatory provisions of applicable product liability rules. Except for payment obligationsAny product liability is, neither party is liable for failure or delay resulting from a condition beyond however, disclaimed to the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failuresfarthest extent possible.
Appears in 1 contract
Samples: Terms & Conditions
Disclaimer and Limitation of Liability. MEXICASITA GROUP PROVIDES THE ADS PROGRAMS "AS IS," "WITH To the fullest extent permitted by law, GOOGLE DISCLAIMS ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH ADVERTISER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEXICASITA GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONSWARRANTIES, EXPRESS OR IMPLIED. MEXICASITA GROUP, ITS LICENSEES, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITYWITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR ANY PURPOSE. To the fullest extent permitted by law, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. Without limitation, MexiCasita Group Google disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) costs per click; (ii) click through rates; (iii) availability and delivery of any impressions impressions, Creative, or Ad Materials Targets on MexiCasita Group Site any Partner Property, Google Property, or section thereof; (iiiv) click through rateclicks; (iii) click throughs; (ivv) conversions or other results for any adsads or Targets; (vi) the accuracy of Partner data (e.g. reach, size of audience, demographics or other purported characteristics of audience); and (vvii) the adjacency or position placement of Ads ads within a Program. Customer understands that third parties may generate impressions or clicks on Customer’s ads for prohibited or improper purposes, and Customer accepts the MexiCasita Group Siterisk of any such impressions and clicks. Customer’s exclusive remedy, and Google’s exclusive liability, for suspected invalid impressions or clicks is for Customer to make a claim for a refund in the form of advertising credits for Google Properties within the time period required under Section 7 below. Any refunds for suspected invalid impressions or clicks are within Google’s sole discretion. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER'S CUSTOMER’S BREACHES OF SECTION 1 AND SECTION 3.B1, TO THE FULLEST EXTENT PERMITTED BY LAW: (ya) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER'S CUSTOMER’S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (zb) EACH PARTY'S ’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO MEXICASITA GROUP GOOGLE BY ADVERTISER CUSTOMER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited without limitation to acts of God, government, terrorism, natural disaster, labor conditions and power failures.
Appears in 1 contract
Disclaimer and Limitation of Liability. MEXICASITA GROUP PROVIDES THE ADS PROGRAMS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITYSubscriber understands and agrees that Safe@Home is NOT an insurer and that insurance, PERFORMANCEif any, ACCURACYcovering personal injury or other personal claims and property loss or damage on Subscriber’s premises shall be obtained by Subscriber in such amounts and covering such perils as Subscriber may determine; that the amounts being paid to Safe@Home are based on the value of the Service and not on the amount of potential loss, AND EFFORT IS WITH ADVERTISERand such amounts are not sufficient to guarantee that no loss will occur; that Safe@Home is NOT assuming responsibility for any losses which may occur even if due to Safe@Home’s negligent performance or failure to perform any obligation under this Agreement. Subscriber assumes all risk of loss or damage to premises or the contents thereof, or personal injury. SAFE@HOME MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND RELATING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEXICASITA GROUP SERVICE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED. MEXICASITA GROUP, ITS LICENSEESWRITTEN OR ORAL, WITH RESPECT TO THE SERVICE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIEDTHE EQUIPMENT, INCLUDING (A) WARRANTIES ANY WARRANTY OF MERCHANTABILITY OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IF, WORKMANLIKE EFFORTNOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ACCURACYTHERE SHOULD ARISE ANY LIABILITY TO SAFE@HOME, TITLERESONSENOW’S MAXIMUM LIABILITY ARISING OUT OF THE PROVISION OF THE SERVICE, QUIET ENJOYMENTINCLUDING THE EQUIPMENT, NO ENCUMBRANCESOR ITS USE, NO LIENS AND NON-INFRINGEMENTWHETHER BASED UPON WARRANTY, (B) WARRANTIES CONTRACT, TORT OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADEOTHERWISE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. Without limitation, MexiCasita Group disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Ad Materials on MexiCasita Group Site , or section thereof; (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the MexiCasita Group Site. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER'S BREACHES OF SECTION 1 AND SECTION 3.B, LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW: (y) NEITHER PARTY WILL MAXIMUM SUM OF $1,000. SINCE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE DUE TO A FAILURE OF THE SERVCE, THIS SUM SHALL BE COMPLETE AND EXCLUSIVE AND SHALL BE PAID AND RECEIVED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. IN NO EVENT SHALL SAFE@HOME BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECTINCIDENTAL OR CONSEQUENTIAL DAMAGES. SUBSCRIBER MAY OBTAIN A HIGHER LIMITATION OF LIABILITY FOR AN ADDITIONAL PERIODIC CHARGE. If Subscriber elects this option, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (z) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO MEXICASITA GROUP BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from Safe@Home will attach a condition beyond rider to this Agreement which will set forth the reasonable control amount of the party, including but limitation of liability and the amount of the additional charge. Agreeing to the higher limitation of liability does not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failuresmean that Safe@Home is an insurer.
Appears in 1 contract
Samples: In Home Service Agreement
Disclaimer and Limitation of Liability. MEXICASITA GROUP PROVIDES THE ADS PROGRAMS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITYEvery effort will be made to provide correct information, PERFORMANCEbut occasionally errors may occur. Finger Lakes Bonus Bets and its personnel, ACCURACYCustomer Service operators, AND EFFORT IS WITH ADVERTISERmanagers, etc., are not responsible if information disseminated, either verbally or in writing, is inaccurate. Finger Lakes Bonus Bets disclaims responsibility for consequences that may result, if any, for such errors. The Finger Lakes Bonus Bets .com website is provided for your use on an as is basis. Finger Lakes Bonus Bets and its partners, affiliates, merchants, advertisers, and information providers make no representations or warranties of any kind, express or implied, as to the operation of the website or as to the information, content, materials, or products included on this website. Finger Lakes Bonus Bets makes commercially reasonable efforts to maintain this website but is not responsible for the results of any defects that exist in this website, any outages, interruptions, viruses or other harmful components. You should not assume that this website or its content is error-free or that it will be suitable for the particular purpose that you have in mind when using it. Finger Lakes Bonus Bets and its affiliates, merchants, advertisers, and information providers have no liability in tort, contract, or otherwise (and as permitted by law, product liability), to you and/or any third party TO THE MAXIMUM FULLEST EXTENT PERMITTED PERMISSIBLE BY APPLICABLE LAW, MEXICASITA GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONSFinger Lakes Bonus Bets DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. MEXICASITA GROUP, ITS LICENSEESINCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. Without limitation, MexiCasita Group disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Ad Materials on MexiCasita Group Site , or section thereof; (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the MexiCasita Group Site. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER'S BREACHES OF SECTION 1 AND SECTION 3.B, TO THE FULLEST EXTENT PERMITTED BY LAW: (y) NEITHER PARTY Finger Lakes Bonus Bets WILL NOT BE LIABLE FOR ANY CONSEQUENTIALDAMAGES OF ANY KIND, SPECIALINCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES (INCLUDING LOSS OF REVENUE OR PROFITS, REVENUEWHETHER FORESEEABLE OR NOT, INTERESTANY FAILURE BY Finger Lakes Bonus Bets TO PROVIDE ACCESS TO OR USE OF THIS WEBSITE, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORYCAUSE WHATSOEVER. Finger Lakes Bonus Bets may, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (z) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO MEXICASITA GROUP BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIMin its sole discretion and at any time, modify or discontinue this Website or any part thereof, limit, terminate or suspend an account holder's use of or access to this Website and/or make changes to these Terms and Conditions. Except In the event the foregoing disclaimer and limitation of liability is held to be unenforceable for payment obligationsany reason including by operation of law, neither party is liable Finger Lakes Bonus Bets maximum liability for failure or delay resulting from a condition beyond the reasonable control any of the partyforegoing types of damages shall be limited to the transaction fee for the transaction that gave rise to the claim or limited to the fullest extent allowable under New York law. Customer account holders agree to defend, indemnify and hold harmless Finger Lakes Racing Association, Inc., Finger Lakes Gaming and Racetrack, Finger Lakes Racing Association, Inc., a subsidiary of Delaware North Companies, Inc., Delaware North Companies, Inc., Finger Lakes Bonus Bets .com and eBet Technologies, Inc., a division of Sportech Inc., and their respective officers, directors, employees, affiliates, representatives, third-party contractors, and agents against and from any third-party claims, actions, damages or demands, including but not limited to, reasonable legal and accounting fees, resulting from account holder's use or misuse of this Website, violation of these Terms and Conditions, or any activities related to acts this Website, or from account holder's violations of Godthe rights of any other account holder of this Website. Use of this Website is at the customer account holder's own risk. This indemnification shall survive the termination of your Finger Lakes Bonus Bets account. Finger Lakes Bonus Bets reserves the right to revise these Terms and Conditions, government, terrorism, natural disaster, labor conditions or any part thereof. Use of the service constitutes your acceptance of the Terms and power failuresConditions.
Appears in 1 contract
Samples: Terms and Conditions
Disclaimer and Limitation of Liability. MEXICASITA GROUP PROVIDES THE ADS PROGRAMS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITYa. Company acknowledges NAIC will not determine the sufficiency of funds available from Company’s account to cover the DOI Fees prior to the time NAIC transfers the DOI Fees to the appropriate state insurance departments. Company agrees NAIC shall have no liability to Company for transferring DOI Fees to the appropriate state insurance departments on behalf of Company even though Company does not have sufficient funds available to cover the DOI Fees.
b. NAIC has MADE NO WARRANTY OR PROMISE, PERFORMANCE, ACCURACY, AND EFFORT IS WITH ADVERTISER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEXICASITA GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, with respect to the Automated Clearing House Operating System covered by this Agreement. MEXICASITA GROUP, ITS LICENSEES, NAIC expressly disclaims THE IMPLIED WARRANTY OF MERCHANTABILITY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS . EXCEPT AS PROVIDED BELOW AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND SUBJECT TO THE LIMITS IN PARAGRAPH (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. Without limitation), MexiCasita Group disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Ad Materials on MexiCasita Group Site , or section thereof; (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the MexiCasita Group Site. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER'S BREACHES OF SECTION 1 AND SECTION 3.B, TO THE FULLEST EXTENT PERMITTED BY LAW: (y) NEITHER PARTY WILL NAIC SHALL NOT BE LIABLE FOR AND COMPANY EXPRESSLY WAIVES ANY CONSEQUENTIALCLAIM FOR ANY LOSS, SPECIAL, INDIRECT, EXEMPLARYCOST, OR PUNITIVE DAMAGES INJURY, DIRECT OR INDIRECT (INCLUDING LOSS INCLUDING, BUT NOT LIMITED TO, LOST SALES, LOST PROFIT, BUSINESS INTERRUPTION, OR THIRD PARTY CLAIMS), SUFFERED BY COMPANY AS A RESULT OF PROFITSRELIANCE ON OR USE OF NAIC’S ELECTRONIC FUNDS TRANSFER PROGRAM OR THE AUTOMATED CLEARING HOUSE OPERATING SYSTEM, REVENUEUNLESS SUCH LOSS, INTERESTCOST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED INJURY IS A RESULT OF THE POSSIBILITY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (z) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO MEXICASITA GROUP BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond NAIC.
c. In the reasonable control event of the any dispute brought by either party, including but not limited it is mutually agreed and understood that either party’s liability shall in no event exceed the actual monetary amount transferred from Company’s account to acts of GodNAIC’s account through the ACH Operating System, governmentwhether such claim is based on tort, terrorismnegligence, natural disaster, labor conditions and power failuresor other legal or equitable theory.
Appears in 1 contract
Samples: Electronic Funds Transfer and Indemnification Agreement
Disclaimer and Limitation of Liability. MEXICASITA GROUP PROVIDES THE ADS PROGRAMS 7.1. The information being provided is provided “As Is”. Neither RealInfo nor its affiliates (hereinafter "AS IS," RealInfo"WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY), PERFORMANCEnor its suppliers make any warranty, ACCURACYand each of them disclaims any liability, AND EFFORT IS WITH ADVERTISER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWwith respect to—
(a) the accuracy, MEXICASITA GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. MEXICASITA GROUP, ITS LICENSEES, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. Without limitation, MexiCasita Group disclaims all guarantees regarding positioning, levels, quality, completeness or timing of: (i) availability and delivery currentness of any impressions data found in or Ad Materials on MexiCasita Group Site through the RealInfo system, or section thereof; or
(iib) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the MexiCasita Group Site. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER'S BREACHES OF SECTION 1 AND SECTION 3.B, TO THE FULLEST EXTENT PERMITTED BY LAW: (y) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (z) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO MEXICASITA GROUP BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the partysystem performance levels, including but not limited to acts resource utilization, response time or overhead, or
(c) ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7.2. RealInfo will not be liable for delay in delivery or performance, and is excused from any failure to deliver or perform, due to causes beyond its reasonable control.
7.3. THE SOLE AND ENTIRE MAXIMUM LIABILITY OF RealInfo TO ANY CUSTOMER FOR ANY AND ALL PROVEN LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, WILL CONSIST OF A DUTY TO REFUND NOT MORE THAN THE AMOUNTS PAID BY THE CUSTOMER TO RealInfo DURING THE YEAR PRECEDING SUCH LOSS, CLAIM, DAMAGE OR LIABILITY.
7.4. IN NO EVENT WILL RealInfo BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. NO SUPPLIER OF DATA OR PROGRAMS Will HAVE ANY LIABILITY TO, OR THROUGH, CUSTOMER FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
7.5. Customer, by signing the product schedule or accessing the RealInfo system, (a) accepts the use of Godthe system (including programs and data) "AS IS"; and (bwaives any and all claims relating thereto, government, terrorism, natural disaster, labor conditions and power failureswhether such claims are against RealInfo or any of its suppliers.
Appears in 1 contract
Samples: Subscription Agreement
Disclaimer and Limitation of Liability. MEXICASITA GROUP PROVIDES 11.1 The Product(s) are intended to detect and disclose potential risks in Customer’s system with great accuracy. HOWEVER, THE ADS PROGRAMS "PRODUCT(S) ARE PROVIDED “AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY” WITHOUT WARRANTY OF ANY KIND, PERFORMANCE, ACCURACY, AND EFFORT IS WITH ADVERTISER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEXICASITA GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES EITHER EXPRESSED OR CONDITIONS, EXPRESS OR IMPLIED. MEXICASITA GROUP, ITS LICENSEES, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND MERCHANTABILITY OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR WARRANTIES OF QUALITY OR PERFORMANCE. FOR THE AVOIDANCE OF DOUBT, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENTSECUNIA DOES NOT WARRANT THAT (A) OPERATION OF ANY OF THE PRODUCT(S) SHALL BE UNINTERRUPTED OR ERROR FREE, (B) WARRANTIES THAT FUNCTIONS CONTAINED IN THE PRODUCT(S) SHALL OPERATE IN COMBINATIONS WHICH MAY BE SELECTED FOR USE BY CUSTOMER OR CONDITIONS ARISING THROUGH COURSE OF DEALING MEET CUSTOMER'S REQUIREMENTS, OR USAGE OF TRADE, AND (C) WARRANTIES THAT THE PRODUCT(S) WILL DETECT ALL VULNERABILITIES.
11.2 Customer accepts that any information provided by Xxxxxxx is general information only and is not to be deemed as advice. Secunia will use reasonable business efforts to ensure that any information provided by Secunia is accurate. HOWEVER, SECUNIA DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR CONDITIONS COMPLETENESS OF UNINTERRUPTED SUCH INFORMATION. ACCORDINGLY, XXXXXXX DOES NOT ACCEPT RESPONSIBILITY FOR ANY LOSS SUFFERED AS A RESULT OF CUSTOMER'S USE OF OR ERRORRELIANCE ON THE INFORMATION PROVIDED BY SECUNIA WHETHER PROVIDED BY, CONTAINED IN, OR ACCESSED THROUGH THE PRODUCT(S), AS IT REMAINS CUSTOMER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY SUCH INFORMATION.
11.3 Secunia may enable Customer to download exploit code or provide links to websites with exploit code to allow testing of Customer's own systems such as anti-FREE ACCESS virus programs, IDS, and IPS systems, as well as firewalls, workarounds, and vendor-supplied patches. HOWEVER, EXPLOIT CODE IS DANGEROUS AND SHOULD ONLY BE DOWNLOADED AND EXECUTED ON ISOLATED TEST SYSTEMS. FURTHERMORE, DOWNLOADING AND USING EXPLOIT CODE MAY BE ILLEGAL IN SOME COUNTRIES AND EXPLOIT CODE MAY ALSO BE RESTRICTED BY LICENSE BY THE ORIGINAL AUTHOR. EXPLOIT CODE DOWNLOADED FROM LINKED WEBSITES OR USESECUNIA'S WEBSITES IS NOT VERIFIED OR VALIDATED BY SECUNIA AND MUST BE TREATED AS UNTRUSTED MALICIOUS SOFTWARE. Without limitation, MexiCasita Group disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Ad Materials on MexiCasita Group Site , or section thereof; (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the MexiCasita Group Site. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER CUSTOMER ACKNOWLEDGES THAT SECUNIA IS NOT AND ADVERTISER'S BREACHES OF SECTION 1 AND SECTION 3.B, TO THE FULLEST EXTENT PERMITTED BY LAW: (y) NEITHER PARTY WILL CANNOT BE HELD LIABLE FOR ANY CONSEQUENTIALDAMAGES, LEGAL ISSUES, OR VIOLATION OF THIRD-PARTY RIGHTS CAUSED BY CUSTOMER DOWNLOADING AND USING EXPLOIT CODES FROM LINKED WEBSITES OR SECUNIA'S WEBSITES.
11.4 SECUNIA SHALL IN NO EVENT BE LIABLE TO CUSTOMER (OR ANY OTHER PERSON OR ENTITY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INDIRECTPUNITIVE, EXEMPLARY, OR PUNITIVE CONSEQUENTIAL DAMAGES (INCLUDING INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS AND PRODUCT(S); LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER'S BUSINESS) WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCENEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE PRODUCT(S) OR ANY OTHER LEGAL THEORYLINKED PRODUCTS INCLUDING CUSTOMER'S USE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGE.
11.5 ALL LIABILITY OF SECUNIA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS COLLECTIVELY FOR CLAIMS ARISING UNDER OR RELATED TO THE AGREEMENT, HOWSOEVER ARISING, SHALL BE LIMITED TO TWO TIMES THE TOTAL CONTRACT VALUE, BUT IN NO CASE MORE THAN USD 500,000. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
11.6 CUSTOMER ACKNOWLEDGE THAT THE LIABILITY LIMITATIONS AND EXCLUSIONS SET FORTH IN THESE TERMS AND CONDITIONS REFLECT THE ALLOCATION OF RISK NEGOTIATED AND AGREED TO BY THE PARTIES AND THAT SECUNIA WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS AND EXCLUSIONS ON ITS LIABILITY. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (z) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO MEXICASITA GROUP BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM.
11.7 To the extent permitted by law, any condition, warranty or representation which would otherwise be implied into these Terms and Conditions including without limitation, any warranty or merchantability, title, non-infringement or fitness for a particular purpose or use is hereby excluded.
11.8 Nothing in clause 11 shall be construed to limit Secunia's liability under the mandatory provisions of applicable product liability rules. Except for payment obligationsAny product liability is, neither party is liable for failure or delay resulting from a condition beyond however, disclaimed to the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failuresfarthest extent possible.
Appears in 1 contract
Samples: Terms and Conditions
Disclaimer and Limitation of Liability. MEXICASITA GROUP PROVIDES 6.1 THE ADS PROGRAMS "BIZAPP IS PROVIDED ON “AS IS," "WITH ALL FAULTS" ” AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH ADVERTISER” BASIS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEXICASITA GROUP AND ITS SUPPLIERS WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. MEXICASITA GROUPIMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BIZAPP (MOBILE APP OR WEBSITE) AND SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ITS LICENSEES, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITYBIZAPPAY ABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENTINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, (B) WARRANTIES WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR APP OR CONDITIONS ARISING THROUGH COURSE OF DEALING WEBSITE WILL BE UNINTERRUPTED OR USAGE OF TRADEERROR FREE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. Without limitation, MexiCasita Group disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Ad Materials on MexiCasita Group Site , or section thereof; (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the MexiCasita Group Site. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER'S BREACHES OF SECTION 1 AND SECTION 3.B, TO THE FULLEST EXTENT PERMITTED BY LAW: (y) NEITHER PARTY WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, INTERRUPTIONS OR PUNITIVE DAMAGES (INCLUDING LOSS ERRORS OR DOWNTIME OR MALFUNCTION.
6.2 WE WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER'S BUSINESS) THIS AGREEMENT WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) , TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORYOR EQUITABLE THEORY FOR ANY INDIRECT, EVEN IF INCIDENT AL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF TURNOVER, LOSS OF DATA, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), WHETHER OR NOT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (z) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO MEXICASITA GROUP BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is DAMAGES.
6.3 The Parties hereto agree that XXXX shall not be held liable for failure any business expense, machine downtime or delay resulting from a condition beyond damages caused by any deficiency, defect or error in the reasonable control of Service or malfunction thereof and in no event shall XXXX be liable to the partyUSER for any consequential or incidental damages, including but not limited to loss of profits, loss of turnover and/or loss of data.
6.4 The Parties hereby agree that XXXX shall not be held liable in any manner whatsoever in the event there is a dispute between the USER and any of the Customers, unless it can be reasonably proven by the USER that such dispute arose, directly or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by XXXX in the provision of Godthe Service under this Agreement.
6.5 The USER shall not hold XXXX, governmentits holding company, terrorismsubsidiaries, natural disaster, labor conditions employees and power failuresits suppliers liable in any way for any losses or liabilities arising directly and solely from the fault of the USER or authorised third parties directly relates to the USER in connection with the use of or access to the Service.
Appears in 1 contract
Samples: User Agreement