DISCLAIMER AND LIMITED LIABILITY Sample Clauses

DISCLAIMER AND LIMITED LIABILITY. 31.1 You use our Platforms and Services at your own risk. 31.2 Save to the extent otherwise provided for in these Terms or where you are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, we do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of the Platforms or Services. 31.3 Without limiting the generality of the provisions of clause 34.2, we shall not be liable for and you will have no claim of whatsoever nature against us as a result of – 31.3.1 your use of the password reminder service which you acknowledge you are not obliged to use and have voluntarily elected to make use of; 31.3.2 the loss of or access to any usernames or passwords which you are required to safeguard and not allow unauthorized access on the understanding that we will be entitled to assume that you are the person so using or gaining access to any service or account where your username or password is used; 31.3.3 any unavailability of, faults or interruption in the Services or Platforms; 31.3.4 any damage, loss, cost or claim which you may suffer or incur arising from any suspension or termination of the service/s for any reason contemplated in these Terms. 31.4 We may make changes to our Platforms or Services at any time without notice.
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DISCLAIMER AND LIMITED LIABILITY. 41.1. Our obligations under this Agreement do not constitute personal obligations of our directors, officers, shareholders, partners, members, employees, Associates, Representatives, Agents, Third Party Service Providers and/or Third Party Content providers and/or any of them. Neither the Company nor its directors, officers, employees, or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by you under this Agreement (including any Transaction and/or Contract and/or where we have declined to enter into a proposed Transaction). 41.2. In no circumstances shall we have liability for losses suffered by you or any third party for any special or consequential damages, loss of profits, loss of goodwill, trading losses or damages or loss of business opportunity arising under or in connection with this Agreement and/or the use of our trading platform, whether arising out of negligence, breach of contract, misrepresentation or otherwise. Except as otherwise required by Law, we will not be liable to you or anyone else for any loss resulting from a cause over which we do not have direct control. This includes failure of electronic or mechanical equipment or communication lines (including telephone, or internet), unauthorised access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquakes or other act of God), fire, war, insurrection, terrorist act, labour dispute and other labour problems, accident, emergency or action of government. You acknowledge that you have not relied upon or been induced to enter into this Agreement by a representation other than those expressly set out in this Agreement. We will not be liable to you for a representation that is not set out in this Agreement and that is not fraudulent.
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DISCLAIMER AND LIMITED LIABILITY. 11.1. Without limiting the operation of applicable laws, Cross Border Pickups excludes all conditions, warranties, representations, terms, conditions, covenants and guarantees (express, implied or statutory) in connection with the Services. 11.2. Parcels sent using our Services are sent at your own risk. Cross Border Pickups excludes liability for any loss or damage that occurs during transit that is: • Attributable to the misconduct of someone acting on your behalf, • Ordinary wear and tear, • Leakage from your Goods, • Ordinary loss in weight or volume shrinkage, • Ordinary leakage, • Inappropriate packaging, • Delay caused by an event outside of our control • Mould, moths, insects, rats or vermin, • Electrical or mechanical breakdown or malfunction unless there is visible external evidence of physical damage to the Parcel, • Rust, oxidisation or discolouration, or • Caused by strikers, locked-out workers, people taking part in labour disturbances, riots or civil commotions. 11.3. Claims for a lost or damaged package must: 1. Be filed within 30 days following the date the package was expected to arrive at the Member’s U.S. address. Cross Border Pickups will require the package’s tracking number to verify. 2. Have confirmation that the package was received by Cross Border Pickups in the form of a carrier signature or check-in process. 3. Be accompanied by a supporting document in the form of a receipt or invoice. 4. If applicable, have valid photographs of the damaged item. The photographs must be taken immediately upon receiving the package from Cross Border Pickups. Cross Border Pickups reserves the right to disqualify any photographs that are provided beyond a reasonable time frame. All Mail orders are by default shipped with No Signature and No insurance. The review process may take up to 8 weeks from the date filed to determine the eligibility of reimbursement. During this time, Cross Border Pickups will be investigating the point of which loss or damage may have occurred. No damage or loss will be assumed by Cross Border Pickups before the arrival of the package at any of our locations. In these specific cases, it is the responsibility of the Member to file a claim with the carrier that was assigned to deliver the package to Cross Border Pickups. Cross Border Pickups is not liable for any loss or damage caused during the pre-packaging of any merchandise by the Member’s supplier. The Member is responsible to follow up directly with their supplier reg...
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DISCLAIMER AND LIMITED LIABILITY. 9.1 You use our Platforms and Services at your own risk. 9.2 Save to the extent otherwise provided for in these Terms or where you are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, we do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of the Platforms or Services. 9.3 We shall not be liable for and you will have no claim of whatsoever nature against us as a result of – 9.3.1 any unavailability of, faults or interruption in the Services or Platforms; 9.3.2 any damage, loss, cost or claim which you may suffer or incur arising from any suspension or termination of the service/s for any reason contemplated in these Terms. 9.4 We may make changes to our services at any time without notice. 9.5 Our Platforms and Services are supplied on an "as is" basis and have not been compiled or supplied to meet any user's individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the Services available on or through our Platforms will meet your individual requirements and be compatible with your hardware and/or software.
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DISCLAIMER AND LIMITED LIABILITY. EXCEPT AS EXPRESSLY STATED ABOVE IN SECTION 26, ALL WARRANTIES ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, CONDITION, OWNERSHIP, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. NEITHER PARTY, NOR ANY OF ITS AFFILIATES, WILL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTAL DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY THEREOF IN ADVANCE. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. IN NO EVENT WILL ATI'S OR ITS AFFILIATES OR SUPPLIERS AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF CLAIM OR ACTION, EXCEED A SUM EQUAL TO THE AMOUNTS PAID BY PURCHASER TO ATI IN THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEEDING THE DATE ON WHICH A WRITTEN DEMAND FOR DAMAGES IS MADE. THIS LIMITATION DOES NOT APPLY TO DAMAGES FOR INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONFIDENTIALITY OR TRADE SECRET MISAPPROPRIATION, NOR TO CLAIMS ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD.
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DISCLAIMER AND LIMITED LIABILITY. While DTC attempts to provide accurate and timely information, materials and content, there may be inadvertent technical or factual inaccuracies and typographical errors on behalf of DTC then the same shall be rectified. DTC as a service provider take utmost care that there fails to be any confusion for the customer and in case any such glitch arises then DTC will investigate the same. We reserve the right to make corrections and changes to the Site to any time without notice. In case of any grave or major change has been made then the registered members will be directed or informed the same by way of an email. We cannot warrant that the Site will be available at all times. At times there will be technical glitch and DTC technical team will look into the same and will try solving the same at the earliest. DTC disclaims all warranties, representations, and endorsements of any kind, either express or implied, with regard to information accessed from or through the site, including without limitation are for a particular purpose. All the products which will be displayed in the Parcel Section of the Site will be verified by the ‘DTC verifying unit only after the order is placed’. DTC do not give any guarantee or warrantee that the Site or its function or the content and materials or service made available thereby and the product uploaded and price displayed for the same will be timely, secure, uninterrupted or error free or that defected will be corrected at the earliest. If any seller who is verified by the ‘DTC’ and who needs to make any correction in the parcel displayed should the grievance to the official team of DTC by way of a email on the official email-id of DTC and the same will be looked into. DTC makes no warranty that the site will meet users’ expectations or requirement. No advice, results, or information, or any oral or written communication through the site shall create any warranty or gurantee about the product. If you are dissatisfied with the site, you can either discontinue using the site or de-register yourself at any time.
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DISCLAIMER AND LIMITED LIABILITY. You use our Platforms and Services at your own risk. While we endeavour to ensure that the information on our Platforms is correct, we do not guarantee the accuracy and completeness of Content on our Platforms or that the Content and technology available from our Platforms, Products or Services are free from defects, errors or omissions. We may make changes to the Content on our Platforms or Services at any time without notice. The Content on our Platforms or Services may be out of date, and in this regard, we make no commitment to update such Content. To the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from your use or inability to use our Platforms, Products, Services or Content. Our Platforms, Products and Services are supplied on an "as is" basis and have not been compiled or supplied to meet any user's individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the Products and Services available on or through our Platforms will meet your individual requirements. Information, ideas and opinions expressed on our Platforms should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on our Platforms. Submissions of Content (like contribution to blogs, comments on articles posted), postings of any kind to our Platforms and e-mails sent to our Platforms are not editorially controlled by us and therefore we cannot be held liable for illegal or unconstitutional content (including, but not limited to, defamatory or harmful content).
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DISCLAIMER AND LIMITED LIABILITY. You use our platforms and services and enter our premises at your own risk.
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DISCLAIMER AND LIMITED LIABILITY 
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Related to DISCLAIMER AND LIMITED LIABILITY

  • Disclaimer and Limitation of Liability PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.

  • Limited Warranty and Limitation of Liability A. EBSCO and its licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringement, or fitness for a particular purpose. Neither EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or its licensors any other liability in connection with the licensing of the Databases or the Services under this Agreement and/or its use thereof by the Licensee and Sites or Authorized Users. B. THE MAXIMUM LIABILITY OF EBSCO AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. Licensee is responsible for maintaining a valid license to the third party resources configured to be used via the Services (if applicable). EBSCO disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorization. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.

  • Limited Liability Except as provided by the Act, the debts, obligations and liabilities of the Company, whether arising in contract, tort or otherwise, shall be solely the debts, obligations and liabilities of the Company, and the Member shall not be obligated personally for any such debt, obligation or liability of the Company solely by reason of being a member of the Company.

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