Disclaimer and Limitation of Liability. The products and any services provided by Now Media Group in connection with this agreement are supplied on an "as is" and "as available" basis. To the fullest extent under applicable law, Now Media Group makes no, and disclaims all, warranties (including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose and non-infringement), guarantees, and representations, whether express, implied, oral or otherwise. The Now Media Group products and Now Media Group website, and other websites, databases and/or third party programs contained within the products, may contain bugs, errors, problems and/or other limitations. Now Media Group has no liability, whatsoever, to you or any third party, for any changes made to the customer content or to your webpage or website as a result of Now Media Group'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 inability to use, Now Media Group websites, databases and/or programs. Now Media Group 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 Now Media Group's website, databases and/or programs will be uninterrupted or error-free. In no event shall Now Media Group or any partner be responsible for any consequential, incidental, special, punitive, exemplary or indirect damages arising from or relating to this agreement or otherwise, including, without limitation, lost revenue or profits, even if Now Media Group has been advised of the possibility of such damages. Now Media Group will not be liable, or considered in breach of the agreement, on account of a delay or failure to perform under the agreement, as a result of causes or conditions that are beyond Now Media Group's control. In addition, and notwithstanding anything contained herein to the contrary, Now Media Group's liability under any cause of action arising from or in connection with this agreement or otherwise shall be limited to $500. To the extent any liability of Now Media Group cannot be disclaimed, excluded or limited under applicable law, such liability shall be disclaimed, excluded and limited to the fullest extent permitted under applicable law.
Appears in 1 contract
Samples: Local Listing Agreement
Disclaimer and Limitation of Liability. The products We strive to keep our Products safe, secure, and any services provided functioning property. Nonetheless, we cannot guarantee that the Products will continue to operate or that you will be able to access the Products. You agree and understand that by Now Media Group in connection with this agreement using the Products, you are supplied doing so at your own risk. We provide the Products on an "as is" “AS IS” and "as available" “AS AVAILABLE” basis. To As such, we exclude and /or disclaim all express or implied warranties, terms, and conditions to the fullest extent under applicable allowed by law, Now Media Group makes no, and disclaims all, warranties (including, including but not limited to, any to implied warranties of merchantability, fitness for a particular purpose purpose, and non-infringement). Additionally, guaranteeswe are not liable, and representationsyou agree not to hold us responsible, whether expressfor any or all damages or losses resulting directly or indirectly, impliedto the extent allowed by law: • The items, oral listings, content, and/or other information that you directly or otherwise. The Now Media Group products and Now Media Group websiteindirectly provide while using the Products; • Your use of, and or your inability to use, the Products; • Price, shipping, format, or other websitesguidance that we may provide; • Delays or disruptions in the Products; • Viruses and/or other malicious software collected or obtained in accessing and/or using the Products; • Glitches, databases and/or third party programs contained within the products, may contain bugs, errors, problems and/or inaccuracies of any kind whatsoever in the Products; • Any and all damage to your hardware incurred in the use of the Products; • Any and all content, actions, or omissions of third parties, including but not limited to the items, listings, content, and/or information via the Products; • Any and all suspensions and/or other limitations. Now Media Group has no liability, whatsoever, to you action that we may take in association with your account or a breach of these Terms or any third partyof our other policies; • The duration, for any changes made manner, and/or method in which your items, listings, content, and/or other information may appear in search results and QR code results; or, • Any need you may have to the customer content modify practices, content, listings, items, and/or other information, or to your webpage behavior or website as a result your loss of Now Media Group'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 inability to use, Now Media Group websites, databases and/or programs. Now Media Group 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 Now Media Group's website, databases and/or programs will be uninterrupted or error-free. In no event shall Now Media Group or any partner be responsible for any consequential, incidental, special, punitive, exemplary or indirect damages arising from or relating to this agreement or otherwise, including, without limitation, lost revenue or profits, even if Now Media Group has been advised of the possibility of such damages. Now Media Group will not be liable, or considered in breach of the agreement, on account of a delay or failure to perform under the agreementbusiness, as a result of causes changes to these Terms or conditions any of our other policies. Some jurisdictions do not allow the disclaimer of warranties or exclusions of damages. If that are beyond Now Media Group's control. In addition, and notwithstanding anything contained herein to is the contrary, Now Media Group's liability under any cause of action arising from or case in connection with this agreement or otherwise shall be limited to $500. To the extent any liability of Now Media Group cannot be disclaimed, excluded or limited under applicable lawyour jurisdiction, such disclaims and/or exclusions may not apply to you. Notwithstanding anything in these Terms, if we are found liable by any court of competent jurisdiction, our liability shall be disclaimed, excluded and to you and/or any third party is limited to the fullest extent permitted under applicable lawgreater of either (1) all amounts due to you by us; or (2), ten dollars ($10.00).
Appears in 1 contract
Samples: License Agreement
Disclaimer and Limitation of Liability. The products All information provided on the Site (the "Information") is subject to change without notice. While efforts have been made to make the Site helpful and accurate, we do not warrant that the Information is accurate, free of typographical errors, complete, or reliable, and you acknowledge that reliance on Information is at your sole risk. We do not warrant that use of the Site or use of any Content downloaded from the Site will be virus-free or free of disruptive or destructive files. We do not make any representation that any content or use of this Site is appropriate or available for use in locations outside of the United States. We will not be obligated to honor, in whole or in part, any transaction or instruction that: (i) is not in accordance with any term or condition of this Agreement or any other agreement that applies to the relevant online services provided or Account; (ii) we have reason to believe may not be authorized by Now Media Group in connection with this agreement are supplied on an "as is" and "as available" basis. To you or any other person whose authorization we believe necessary; (iii) we have reason to believe involves funds or other property subject to a hold, dispute, restriction, or legal process we believe prevents the fullest extent under transaction or instruction; (iv) would violate any applicable provision of any applicable law, Now Media Group makes no, and disclaims all, warranties rule or regulation; (including, but v) is not limited to, any implied warranties of merchantability, fitness for a particular purpose and non-infringement), guarantees, and representations, whether express, implied, oral or otherwise. The Now Media Group products and Now Media Group website, and other websites, databases and/or third party programs contained within the products, may contain bugs, errors, problems and/or other limitations. Now Media Group has no liability, whatsoever, to you or any third party, for any changes made to the customer content or to your webpage or website as a result of Now Media Group's assistance in implementing any product features, accordance with any other party's security methods and privacy protection procedures and/or any party's use ofrequirement of our policies, procedures, or inability practices; (vi) we have reasonable cause not to usehonor for our or your protection. YOU ACKNOWLEDGE, Now Media Group websitesBY YOUR USE OF THE SITE, databases and/or programsTHAT SUCH USE IS AT YOUR SOLE RISK AND THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ECONOMIC, EXEMPLARY, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, ATTORNEY’S FEES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH YOUR USE OF THE SITE, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Now Media Group disclaims any and all warrantiesTO THE MAXIMUM EXTENT PERMITTED BY LAW, express and impliedWE ASSUME NO LIABLITY FOR ANY DAMAGES SUFFERED BY YOU, that any other party's security methodsINCLUDING BUT NOT LIMTED TO, privacy protection procedures and/or any party's use of Now Media Group's websiteLOSSES FROM DELAYS, databases and/or programs will be uninterrupted or errorNON-freeDELIVERABLES OF CONTENT, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE, ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR INTELECTUAL PROPERTY OWNERS, COMMUNICATIONS, ERRORS, SYSTEM DOWNTIME, DATA BREACHES, MISCOMMUNICATIONS, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, VIRUSES, DAMAGE TO YOUR COMPUTER, MOBILE DEVICE OR OTHER EQUIPMENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE OR SERVICE INTERRUPTIONS OR ANY ERRORS OR OMISSIONS WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL OR EQUITABLE BASIS. In no event shall Now Media Group or any partner be responsible for any consequentialIN ADDITION, incidentalWE WILL NOT BE LIABLE FOR ANY FAILURE OF AVAILABILITY OR PERFORMANCE OF THE SITE OR THE SERVICES OFFERRED THROUGH IT DUE TO SCHEDULED SYSTEM MAINTENANCE OR CIRCUMSTANCES BEYOND OUR CONTROL (E.G., specialPOWER OUTAGE, punitiveCOMPUTER VIRUS, exemplary or indirect damages arising from or relating to this agreement or otherwiseSYSTEM FAILURE, includingFIRE, without limitationFLOOD, lost revenue or profitsEARTHQUAKE, even if Now Media Group has been advised of the possibility of such damagesEXTREME WEATHER). Now Media Group will not be liableIN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, or considered in breach of the agreementLOSSES AND/OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, on account of a delay or failure to perform under the agreementSO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE SERVICES PROVIDED BY US WITH RESPECT TO THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED "AS IS," ON A "WITH ALL FAULTS" BASIS, as a result of causes or conditions that are beyond Now Media Group's controlAND, WE DO NOT WARRANT THAT THE SITE OR ITS CONTENT WILL BE TIMELY, SECURE OR ERROR FREE. In additionTO THE MAXIMUM EXTENT PERMITTED BY LAW, and notwithstanding anything contained herein to the contraryWE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, Now Media Group's liability under any cause of action arising from or in connection with this agreement or otherwise shall be limited to $500INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SERVICES SUPPLIED UNDER THIS AGREEMENT ARE OF A REASONABLY ACCEPTABLE QUALITY. To the extent any liability of Now Media Group cannot be disclaimedWE DO NOT WARRANT THAT FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, excluded or limited under applicable lawTHAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, such liability shall be disclaimedCONTENT OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, excluded and limited to the fullest extent permitted under applicable lawTHEFT, LOSS OR DESTRUCTION OF YOUR NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD. IN ADDITION, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR OTHER REQUIRED BY APPLICABLE LAW, WE, OUR SERVICE PROVIDERS OR OTHER AGENTS ALSO WON’T BE LIABLE FOR ANY LOSS OR LIABILITY YOU MAY INCUR RESULTING WHOLLY OR PARTLY FROM FAILURE OR MISUE OF YOUR EQUIPMENT OR SOFTWARE PROVIDED BY AN EXTERNAL COMPANY. BY ACCESSING AND USING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN, AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND EXPRESSLY WAIVED THE BENEFITS OF ANY FEDERAL OR STATE LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS TO WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH OR RELASE OF THE DEBTOR.
Appears in 1 contract
Samples: Please Read
Disclaimer and Limitation of Liability. Every effort will be made to provide correct information, but occasionally errors may occur. Neither we nor any of our personnel, Customer Care operators, managers, agents or other individuals associated with our organization shall be responsible if information disseminated, either verbally or written, is inaccurate. We disclaim responsibility for consequences that may result, if any, for such errors. The products and any services Website is provided by Now Media Group in connection with this agreement are supplied for your use on an "“as is" and "as available" ” basis. To We and our 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 the Website. We make commercially reasonable efforts to maintain this Website but are not responsible for the results of any defects that exist in this Website, or for any outages, interruptions, viruses or other harmful components. You should not assume that this Website or its content are error-free or that are suitable for the particular purpose that you have in mind when using them. We and our 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 FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT, OR ANY FAILURE TO PROVIDE ACCESS TO OR USE OF THIS WEBSITE, OR ANY OTHER CAUSE WHATSOEVER. We may, in our sole discretion and at any time, modify or discontinue this Website or any part thereof; limit, terminate or suspend a user’s use of or access to this Website and/or make changes to these Terms and Conditions. In the event the foregoing disclaimer and limitation of liability is held to be unenforceable for any reason including by operation of law, our maximum liability for any of the foregoing 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 applicable Oregon law. Indemnification Account holders agree to defend, Now Media Group makes noindemnify and hold harmless eBet Technologies, Inc, XxxxXxxx.xxx, its officers, directors, employees, affiliates, representatives, third-party contractors, and disclaims allagents against and from any third- party claims, warranties (includingactions, damages or demands, including but not limited to, any implied warranties reasonable legal and accounting fees, resulting from a user’s use or misuse of merchantabilitythis Website, fitness for a particular purpose violation of these Terms and non-infringement)Conditions, guarantees, and representations, whether express, implied, oral or otherwise. The Now Media Group products and Now Media Group website, and other websites, databases and/or third party programs contained within the products, may contain bugs, errors, problems and/or other limitations. Now Media Group has no liability, whatsoever, to you or any third partyactivities related to this Website, for any changes made to or from a user’s violations of the customer content or to your webpage or website as a result rights of Now Media Group's assistance in implementing any product features, any other party's security methods user of this Website. Use of this Website is at the user’s own risk. This indemnification shall survive the termination of your account. We reserve the right to revise these Terms and privacy protection procedures and/or any party's use ofConditions, or inability to use, Now Media Group websites, databases and/or programsany part thereof. Now Media Group 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 Now Media Group's website, databases and/or programs will be uninterrupted or error-free. In no event shall Now Media Group or any partner be responsible for any consequential, incidental, special, punitive, exemplary or indirect damages arising from or relating to this agreement or otherwise, including, without limitation, lost revenue or profits, even if Now Media Group has been advised Use of the possibility of such damages. Now Media Group will not be liable, or considered in breach service constitutes your acceptance of the agreementrevised Terms and Conditions. General Contact Information XxxxXxxx.xxx Customer Care 0000 XX 00xx Xx, on account of a delay Xxxxx X0 Xxxxxxxx, XX 0000 Xxxxxxxxxxxxxxx@XxxxXxxx.xxx Customer Care Toll Free Number: 000-000-0000 and follow the instructions to access Customer Care or failure to perform under the agreement, as a result of causes or conditions that are beyond Now Media Group's control. In addition, and notwithstanding anything contained herein to the contrary, Now Media Group's liability under any cause of action arising from or in connection with this agreement or otherwise shall be limited to $500. To the extent any liability of Now Media Group cannot be disclaimed, excluded or limited under applicable law, such liability shall be disclaimed, excluded and limited to the fullest extent permitted under applicable law.Technical Support Customer Care Fax Number: 000-000-0000
Appears in 1 contract
Samples: bet.raceuwin.com
Disclaimer and Limitation of Liability. Every effort will be made to provide correct information, but occasionally errors may occur. Finger Lakes Bonus Bets and its personnel, Customer Service operators, managers, 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 products and any services Finger Lakes Bonus Bets .com website is provided by Now Media Group in connection with this agreement are supplied for your use on an "as is" and "as available" is basis. To 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 FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Finger Lakes Bonus Bets DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Finger Lakes Bonus Bets WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT, ANY FAILURE BY Finger Lakes Bonus Bets TO PROVIDE ACCESS TO OR USE OF THIS WEBSITE, OR ANY OTHER CAUSE WHATSOEVER. Finger Lakes Bonus Bets may, in 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. In the event the foregoing disclaimer and limitation of liability is held to be unenforceable for any reason including by operation of law, Finger Lakes Bonus Bets maximum liability for any of the foregoing 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 applicable New York law. Indemnification Customer account holders agree to defend, Now Media Group makes noindemnify 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 disclaims alltheir respective officers, warranties (includingdirectors, employees, affiliates, representatives, third-party contractors, and agents against and from any third-party claims, actions, damages or demands, including but not limited to, any implied warranties reasonable legal and accounting fees, resulting from account holder's use or misuse of merchantabilitythis Website, fitness for a particular purpose violation of these Terms and non-infringement)Conditions, guarantees, and representations, whether express, implied, oral or otherwise. The Now Media Group products and Now Media Group website, and other websites, databases and/or third party programs contained within the products, may contain bugs, errors, problems and/or other limitations. Now Media Group has no liability, whatsoever, to you or any third partyactivities related to this Website, for or from account holder's violations of the rights of any changes made to other account holder of this Website. Use of this Website is at the customer content or 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 your webpage or website as a result of Now Media Group's assistance in implementing any product features, any other party's security methods revise these Terms and privacy protection procedures and/or any party's use ofConditions, or inability to use, Now Media Group websites, databases and/or programsany part thereof. Now Media Group 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 Now Media Group's website, databases and/or programs will be uninterrupted or error-free. In no event shall Now Media Group or any partner be responsible for any consequential, incidental, special, punitive, exemplary or indirect damages arising from or relating to this agreement or otherwise, including, without limitation, lost revenue or profits, even if Now Media Group has been advised Use of the possibility of such damages. Now Media Group will not be liable, or considered in breach service constitutes your acceptance of the agreement, on account of a delay or failure to perform under the agreement, as a result of causes or conditions that are beyond Now Media Group's control. In addition, Terms and notwithstanding anything contained herein to the contrary, Now Media Group's liability under any cause of action arising from or in connection with this agreement or otherwise shall be limited to $500. To the extent any liability of Now Media Group cannot be disclaimed, excluded or limited under applicable law, such liability shall be disclaimed, excluded and limited to the fullest extent permitted under applicable lawConditions.
Appears in 1 contract
Samples: www.fingerlakesbonusbets.com
Disclaimer and Limitation of Liability. Every effort will be made to provide correct information, but occasionally errors may occur. 000xxx.xxx and its personnel, customer care operators, managers, etc., are not responsible if information, disseminated, either verbally or written, is inaccurate. 000xxx.xxx disclaims responsibility for consequences that may result, if any, for such errors. The products and any services Website is provided by Now Media Group in connection with this agreement are supplied for your use on an "“as is" and "as available" ” basis. To 000xxx.xxx 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 the Website. 000xxx.xxx makes commercially reasonable efforts to maintain the Website but is not responsible for the results of any defects that exist in the Website, any outages, interruptions, viruses or other harmful components. You should not assume that the 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. 000xxx.xxx 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 FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 000xxx.xxx DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 000xxx.xxx WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR PROFITS, WHETHERFORESEEABLE OR NOT, ANY FAILURE BY 000xxx.xxx TO PROVIDE ACCESS TO OR USE OF THE WEBSITE, OR ANY OTHER CAUSE WHATSOEVER. 000xxx.xxx may, in its sole discretion and at any time, modify or discontinue the Website or any part thereof; limit, terminate or suspend a user’s use of or access to the Website and/or make changes to these Terms and Conditions. In the event the foregoing disclaimer and limitation of liability is held to be unenforceable for any reason including by operation of law, 000xxx.xxx maximum liability for any of the foregoing 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 applicable North Dakota law. INDEMNIFICATION Customer account holders agree to defend, Now Media Group makes noindemnify and hold harmless 000xxx.xxx, its officers, directors, employees, affiliates, representatives, third-party contractors, and disclaims allagents against and from any third-party claims, warranties (includingactions, damages or demands, including but not limited to, any implied warranties reasonable legal and accounting fees, resulting from your use or misuse of merchantabilitythe Website, fitness for a particular purpose violation of these Terms and non-infringement)Conditions, guarantees, and representations, whether express, implied, oral or otherwise. The Now Media Group products and Now Media Group website, and other websites, databases and/or third party programs contained within the products, may contain bugs, errors, problems and/or other limitations. Now Media Group has no liability, whatsoever, to you or any third party, for any changes made activities related to the customer content Website, or to from your webpage or website as a result violations of Now Media Group's assistance in implementing any product features, the rights of any other party's security methods user of this Website. Use of the Website is at your own risk. This indemnification shall survive the termination of your 000xxx.xxx account. 000xxx.xxx reserves the right to revise these Terms and privacy protection procedures and/or any party's use ofConditions, or inability to useany part thereof, Now Media Group websites, databases and/or programsas deemed necessary. Now Media Group 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 Now Media Group's website, databases and/or programs will be uninterrupted or error-free. In no event shall Now Media Group or any partner be responsible for any consequential, incidental, special, punitive, exemplary or indirect damages arising from or relating to this agreement or otherwise, including, without limitation, lost revenue or profits, even if Now Media Group has been advised Use of the possibility of such damages. Now Media Group will not be liable, or considered in breach service constitutes your acceptance of the agreement, on account of a delay or failure to perform under the agreement, as a result of causes or conditions that are beyond Now Media Group's control. In addition, revised Terms and notwithstanding anything contained herein to the contrary, Now Media Group's liability under any cause of action arising from or in connection with this agreement or otherwise shall be limited to $500. To the extent any liability of Now Media Group cannot be disclaimed, excluded or limited under applicable law, such liability shall be disclaimed, excluded and limited to the fullest extent permitted under applicable lawConditions.
Appears in 1 contract
Samples: m.123bet.com
Disclaimer and Limitation of Liability. Every effort will be made to provide correct information, but occasionally errors may occur. Neither we nor any of our personnel, Customer Service operators, managers, agents or other individuals associated with our organization shall be responsible if information disseminated, either verbally or written, is inaccurate. We disclaim responsibility for consequences that may result, if any, for such errors. The products and any services Website is provided by Now Media Group in connection with this agreement are supplied for your use on an "“as is" and "as available" ” basis. To We and our 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 the Website. We make commercially reasonable efforts to maintain this Website but are not responsible for the results of any defects that exist in this Website, or for any outages, interruptions, viruses or other harmful components. You should not assume that this Website or its content are error-free or that are suitable for the particular purpose that you have in mind when using them. We and our 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 FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT, OR ANY FAILURE TO PROVIDE ACCESS TO OR USE OF THIS WEBSITE, OR ANY OTHER CAUSE WHATSOEVER. We may, in our sole discretion and at any time, modify or discontinue this Website or any part thereof; limit, terminate or suspend a user’s use of or access to this Website and/or make changes to these Terms and Conditions. In the event the foregoing disclaimer and limitation of liability is held to be unenforceable for any reason including by operation of law, our maximum liability for any of the foregoing 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 applicable Oregon law. Indemnification Account holders agree to defend, Now Media Group makes noindemnify and hold harmless eBet Technologies, Inc, Xxxxxx.xxx, and disclaims alleach of their respective officers, warranties (includingdirectors, employees, affiliates, representatives, third-party contractors, and agents against and from any third-party claims, actions, damages or demands, including but not limited to, any implied warranties reasonable legal and accounting fees, resulting from a user’s use or misuse of merchantabilitythis Website, fitness for a particular purpose violation of these Terms and non-infringement)Conditions, guarantees, and representations, whether express, implied, oral or otherwise. The Now Media Group products and Now Media Group website, and other websites, databases and/or third party programs contained within the products, may contain bugs, errors, problems and/or other limitations. Now Media Group has no liability, whatsoever, to you or any third partyactivities related to this Website, for any changes made to or from a user’s violations of the customer content or to your webpage or website as a result rights of Now Media Group's assistance in implementing any product features, any other party's security methods user of this Website. Use of this Website is at the user’s own risk. This indemnification shall survive the termination of your account. We reserve the right to revise these Terms and privacy protection procedures and/or any party's use ofConditions, or inability to use, Now Media Group websites, databases and/or programsany part thereof. Now Media Group 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 Now Media Group's website, databases and/or programs will be uninterrupted or error-free. In no event shall Now Media Group or any partner be responsible for any consequential, incidental, special, punitive, exemplary or indirect damages arising from or relating to this agreement or otherwise, including, without limitation, lost revenue or profits, even if Now Media Group has been advised Use of the possibility of such damages. Now Media Group will not be liable, or considered in breach service constitutes your acceptance of the agreement, on account of a delay or failure to perform under the agreement, as a result of causes or conditions that are beyond Now Media Group's control. In addition, revised Terms and notwithstanding anything contained herein to the contrary, Now Media Group's liability under any cause of action arising from or in connection with this agreement or otherwise shall be limited to $500. To the extent any liability of Now Media Group cannot be disclaimed, excluded or limited under applicable law, such liability shall be disclaimed, excluded and limited to the fullest extent permitted under applicable lawConditions.
Appears in 1 contract
Samples: bet.idabet.com