Common use of Disclaimer, Limitation of Liabilities and Risk of Internet Usage Clause in Contracts

Disclaimer, Limitation of Liabilities and Risk of Internet Usage. EXCEPT TO THE EXTENT RESULTING FROM PEGASUS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PEGASUS WILL NOT BE RESPONSIBLE OR LIABLE FOR (i) ANY FALSIFICATIONS OR INACCURACIES IN ANY OF THE INFORMATION PROCESSED OR DISTRIBUTED PURSUANT TO THIS AGREEMENT, (ii) ANY CLAIMS OF LIABILITY OF ANY NATURE ARISING OUT OF ANY RESERVATION TRANSACTION PROCESSED PURSUANT TO THIS AGREEMENT (iii) ANY ACT OR FAILURE TO ACT WITH RESPECT TO SUCH INFORMATION OR THE CREATION OR FUNCTIONALITY OF RESERVATION CAPABILITIES UNLESS EXPRESSLY SET FORTH HEREIN, (iv) ANY CLAIM, DAMAGE, OR LIABILITY OF ANY NATURE ARISING OUT OF ACCESS TO HHC'S PRIVATE LABEL WEB SITE AND/OR THE MAKING, CHANGING OR CANCELING OF A RESERVATION AND THE USE OF A CREDIT CARD OR OTHER DEBIT DEVICE IN CONNECTION THEREWITH, OR (v) ANY CLAIM RESULTING FROM ANY INTERRUPTION, MALFUNCTION OR CHANGE IN THE USE OF THE INTERNET OR A THIRD PARTY DISTRIBUTION SYSTEM. EXCEPT AS SET FORTH IN SECTION 33 BELOW, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, GOOD AND WORKMANLIKE PRODUCT OR SERVICE OR OTHERWISE ARE DISCLAIMED BY PEGASUS AND WAIVED BY PEGASUS. HHC ACKNOWLEDGES AND AGREES THAT THE OPERATION OF A SITE ON THE INTERNET IS AT PEGASUS' OWN RISK.

Disclaimer, Limitation of Liabilities and Risk of Internet Usage. EXCEPT TO THE EXTENT RESULTING FROM PEGASUS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PEGASUS TWI WILL NOT BE RESPONSIBLE OR LIABLE FOR (i) ANY FALSIFICATIONS OR INACCURACIES IN ANY OF THE INFORMATION PROCESSED OR DISTRIBUTED PUBLISHED PURSUANT TO THIS AGREEMENTagreement, (ii) ANY CLAIMS OF LIABILITY OF ANY NATURE ARISING OUT OF ANY RESERVATION TRANSACTION PROCESSED PURSUANT TO THIS AGREEMENT (iii) ANY ACT OR FAILURE TO ACT WITH RESPECT TO SUCH INFORMATION THE PUBLICATION OF PAGES ON THE INTERNET OR THE CREATION OR FUNCTIONALITY OF RESERVATION CAPABILITIES THE INTERFACE UNLESS EXPRESSLY SET FORTH HEREIN, (iviii) ANY ALL CLAIM, DAMAGE, OR LIABILITY OF ANY NATURE ARISING OUT OF A COMPUTER OPERATOR'S ACCESS TO HHCPARTICIPANT'S PRIVATE LABEL WEB SITE RESERVATION SYSTEM AND/OR THE MAKING, CHANGING OR CANCELING OF A RESERVATION AND THE USE OF A CREDIT CARD OR OTHER DEBIT DEVICE IN CONNECTION THEREWITH, OR (viv) ANY CLAIM RESULTING FROM ANY INTERRUPTION, MALFUNCTION OR CHANGE IN THE USE OF THE INTERNET INTERNET, EXCEPT TO THE EXTENT RESULTING FROM TWI'S GROSS NEGLIGENCE OR A THIRD PARTY DISTRIBUTION SYSTEMWILLFUL MISCONDUCT. EXCEPT AS SET FORTH IN SECTION 33 BELOW, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, GOOD AND WORKMANLIKE PRODUCT OR SERVICE OR OTHERWISE ARE DISCLAIMED BY PEGASUS TWI AND WAIVED BY PEGASUSPARTICIPANT. HHC PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE OPERATION OF A SITE ON ALLOWING ACCESS TO ITS RESERVATION SYSTEM TO COMPUTERS ACCESSING THE INTERNET VIA TRAVELWEB IS AT PEGASUS' PARTICIPANT'S OWN RISK. Participant acknowledges and agrees that the Internet is a communication medium over which TWI has no control and that its continued utilization in its present form current costs is uncertain. Therefore, if at any time during the term of this agreement, the cost of access to the Internet by TWI increases or there is imposed a fee or cost for access or use of the Internet communication lines, or there is imposed any law, governmental ruling, or regulation the result of which increases the cost of access to or usage of the Internet otherwise makes it impractical, in TWI's sole discretion, to continue to perform this agreement, TWI, may upon notice to Participant, immediately terminate this agreement with such action constituting an event of default. TWI shall not be liable for any breach of this agreement resulting from an act of God, accidents, power or telecommunication outages, delays, mechanical defects or other events beyond its control. TWI's only liability for its errors on the published pages shall be to correct the information on the pages within seven days of notice from Participant.

Disclaimer, Limitation of Liabilities and Risk of Internet Usage. EXCEPT TO THE EXTENT RESULTING FROM PEGASUS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PEGASUS TWI WILL NOT BE RESPONSIBLE OR LIABLE FOR (i) ANY FALSIFICATIONS OR INACCURACIES IN ANY OF THE INFORMATION PROCESSED OR DISTRIBUTED PUBLISHED PURSUANT TO THIS AGREEMENTagreement, (ii) ANY CLAIMS OF LIABILITY OF ANY NATURE ARISING OUT OF ANY RESERVATION TRANSACTION PROCESSED PURSUANT TO THIS AGREEMENT (iii) ANY ACT OR FAILURE TO ACT WITH RESPECT TO SUCH INFORMATION THE PUBLICATION OF PAGES ON THE INTERNET OR THE CREATION OR FUNCTIONALITY OF RESERVATION CAPABILITIES THE INTERFACE UNLESS EXPRESSLY SET FORTH HEREIN, (iviii) ANY CLAIM, DAMAGE, OR LIABILITY OF ANY NATURE ARISING OUT OF A COMPUTER OPERATOR'S ACCESS TO HHCPARTICIPANT'S PRIVATE LABEL WEB SITE RESERVATION SYSTEM AND/OR THE MAKING, CHANGING OR CANCELING OF A RESERVATION AND THE USE OF A CREDIT CARD OR OTHER DEBIT DEVICE IN CONNECTION THEREWITH, OR (viv) ANY CLAIM RESULTING FROM ANY INTERRUPTION, MALFUNCTION OR CHANGE IN THE USE OF THE INTERNET INTERNET, EXCEPT TO THE EXTENT RESULTING FROM TWI'S GROSS NEGLIGENCE OR A THIRD PARTY DISTRIBUTION SYSTEMWILLFUL MISCONDUCT. EXCEPT AS SET FORTH IN SECTION 33 BELOW, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, GOOD AND WORKMANLIKE PRODUCT OR SERVICE OR OTHERWISE ARE DISCLAIMED BY PEGASUS TWI AND WAIVED BY PEGASUSPARTICIPANT. HHC PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE OPERATION OF A SITE ON ALLOWING ACCESS TO ITS RESERVATION SYSTEM TO COMPUTERS ACCESSING THE INTERNET VIA TRAVELWEB IS AT PEGASUS' PARTICIPANT'S OWN RISK. Participant acknowledges and agrees that the Internet is a communication medium over which TWI has no control and that its continued utilization in its present form at current costs is uncertain. Therefore, if at any time during the term of this agreement, the cost of access to the Internet by TWI increases or there is imposed a fee or cost for access to or use of the Internet communication lines, or there is imposed any law, governmental ruling, or regulation the result of which increases the cost of access to or usage of the Internet or otherwise makes it impractical, in TWI's sole discretion, to continue to perform this agreement, TWI, may upon notice to Participant, immediately terminate this agreement without such action constituting an event of default. TWI shall not be liable for any breach of this agreement resulting from an act of God, accidents, power or telecommunication outages or delays, mechanical defects or other events beyond its control. TWI's only liability for its errors on the published pages shall be to correct the information on the pages within seven (7) days of notice from Participant.

Disclaimer, Limitation of Liabilities and Risk of Internet Usage. EXCEPT TO THE EXTENT RESULTING FROM PEGASUS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PEGASUS WILL NOT BE RESPONSIBLE OR LIABLE FOR (i) ANY FALSIFICATIONS OR INACCURACIES IN ANY OF THE INFORMATION PROCESSED DISPLAYED ON CUSTOMER'S SERVICE NOT GENERATED OR DISTRIBUTED PURSUANT TO THIS AGREEMENTCAUSED BY PEGASUS, (ii) ANY CLAIMS OF LIABILITY OF ANY NATURE ARISING OUT OF ANY RESERVATION TRANSACTION PROCESSED PURSUANT TO THIS AGREEMENT (iii) ANY ACT OR FAILURE TO ACT WITH RESPECT TO SUCH THE PUBLICATION OF INFORMATION ON THE INTERNET OR THE CREATION OR FUNCTIONALITY OF RESERVATION CAPABILITIES UNLESS EXPRESSLY SET FORTH HEREIN, (iviii) ANY CLAIM, DAMAGE, DAMAGE OR LIABILITY OF ANY NATURE ARISING OUT OF ACCESS TO HHCORBITZ'S PRIVATE LABEL WEB SITE SERVICE AND/OR THE MAKING, CHANGING OR CANCELING OF A RESERVATION AND THE USE OF A CREDIT CARD OR OTHER DEBIT DEVICE IN CONNECTION THEREWITH, OR (viv) ANY CLAIM RESULTING FROM ANY INTERRUPTION, MALFUNCTION OR CHANGE IN THE USE OF THE INTERNET OR A THIRD PARTY DISTRIBUTION SYSTEM, OR (v) ANY CLAIM, DAMAGE OR LIABILITY OF ANY NATURE ARISING OUT OF THE ONLINE DISTRIBUTION DATABASE, EXCEPT TO THE EXTENT RESULTING FROM PEGASUS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 33 BELOW8A.1 REPRESENTATION AND WARRANTIES, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, GOOD AND WORKMANLIKE PRODUCT OR SERVICE OR OTHERWISE ARE DISCLAIMED BY PEGASUS AND WAIVED BY PEGASUSBOTH PARTIES. HHC ORBITZ ACKNOWLEDGES AND AGREES THAT THE OPERATION OF A SITE ON THE INTERNET IS AT PEGASUS' ORBITZ'S OWN RISK.