Common use of Disclaimer Limitation on Liability Clause in Contracts

Disclaimer Limitation on Liability. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ANY AND ALL IMPLIED WARRANTIES SHALL NOT EXCEED IN DURATION THE TERM OF THIS LIMITED WARRANTY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL BEDGEAR OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE MATTRESS OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF BEDGEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BEDGEAR’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer Limitation on Liability. EXCEPT AS EXPRESSLY SET FORTH IN AUDIENCE’S LIMITED WARRANTY APPLICABLE TO PRODUCTS, AUDIENCE MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD PRODUCTS OR SERVICE TO DISTRIBUTOR OR TO ANY OTHER PARTY. AUDIENCE RESERVES THE RIGHT TO CHANGE THE WARRANTY AND SERVICE POLICY SET FORTH IN SUCH LIMITED WARRANTY, OR OTHERWISE, AT ANY TIME, WITHOUT FURTHER NOTICE AND WITHOUT LIABILITY TO DISTRIBUTOR OR TO ANY OTHER PARTY. TO THE EXTENT PERMISSIBLE PERMITTED BY APPLICABLE LAW, THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE AUDIENCE HEREBY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONSWARRANTIES, EXPRESS OR IMPLIED. ANY AND ALL , INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES SHALL NOT EXCEED IN DURATION THE TERM OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE. **** Certain information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AUDIENCE’S LIABILITY ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED WARRANTY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. [****] GIVING RISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, CLAIM. IN NO EVENT WILL BEDGEAR OR ITS SUPPLIERS SHALL AUDIENCE BE LIABLE FOR PROCUREMENT ANY COST OF SUBSTITUTE PRODUCTS GOODS OR OTHER SERVICES OR FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, CONSEQUENTIALOR INDIRECT DAMAGES, INDIRECT OR PUNITIVE DAMAGES ARISING OUT HOWEVER CAUSED AND BASED ON ANY THEORY OF OR RELATED TO THE MATTRESS OR ITS USE BY YOU OR ANY THIRD PARTYLIABILITY, WHETHER UNDER THEORY FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY ) OR OTHERWISE. , ARISING OUT OF OR RELATED TO THIS LIMITATION WILL APPLY AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF BEDGEAR AUDIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDYREMEDIES. BEDGEAR’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR PARTIES AGREE THAT THE MATTRESS GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOURISK UNDER THIS AGREEMENT.

Disclaimer Limitation on Liability. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PILLOW IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ANY AND ALL IMPLIED WARRANTIES SHALL NOT EXCEED IN DURATION THE TERM OF THIS LIMITED WARRANTY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED PILLOW WARRANTY, IN NO EVENT WILL BEDGEAR DISCOVER NIGHT OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, CONSEQUENTIAL OR INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE MATTRESS PILLOW OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF BEDGEAR DISCOVER NIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BEDGEARDISCOVER NIGHT’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS PILLOW GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer Limitation on Liability. THE AVAILABILITY OF THE SITE AND THE SERVICES DEPENDS ON MANY FACTORS, INCLUDING YOUR CONNECTION SPEED TO THE EXTENT PERMISSIBLE INTERNET, THE AVAILABILITY OF THE INTERNET, AND THE INTERNET BACKBONE AND EQUIPMENT THAT, BY APPLICABLE LAWITS NATURE, THIS WARRANTY IS NOT FAULT TOLERANT. ALTHOUGH DISTRIBUTORCENTRAL WILL ATTEMPT TO MAINTAIN THE AVAILABILITY OF THE SITE AND THE SERVICES AT ALL TIMES (OTHER THAN DURING SCHEDULED OR EMERGENCY MAINTENANCE), THE SITE AND THE SERVICES ARE HEREBY EXPRESSLY PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONSKIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE. ANY SECURITY MECHANISMS INCORPORATED IN THE SITE AND ALL IMPLIED WARRANTIES THE SERVICES HAVE INHERENT LIMITATIONS AND YOU MUST DETERMINE THAT THE SITE AND THE SOFTWARE ADEQUATELY MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL AND/OR DATA OR OTHER USE OF THE SERVICES. DISTRIBUTORCENTRAL, AND ITS MEMBERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF DISTRIBUTORCENTRAL IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SITE OR THE SERVICES. DISTRIBUTORCENTRAL’S LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED IN DURATION THE TERM AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO DISTRIBUTORCENTRAL OVER THE PREVIOUS SIX CALENDAR MONTHS, WHICH YOU AGREE TO BE A REASONABLE LIMITATION AND A BASIS OF THIS LIMITED WARRANTYTHE BARGAIN. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL BEDGEAR OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE MATTRESS OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF BEDGEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BEDGEAR’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESLIABILITIES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer Limitation on Liability. 5.1 THE SERVICE IS PROVIDED TO LICENSEE ON AN “AS IS” BASIS AND LICENSEE’S USE IS AT LICENSEE’S RISK. NEITHER STATPRO NOR THE EXTENT PERMISSIBLE BY APPLICABLE LAWINFORMATION PROVIDERS WARRANT THAT THE SERVICE OR THE DATA WILL BE UNINTERRUPTED OR ERROR-FREE, THIS THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE DATA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER STATPRO NOR ANY OTHER PERSON OR ENTITY MAKES ANY REPRESENTATIONS OR WARRANTY AND OF ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONSKIND, EITHER EXPRESS OR IMPLIED. , WITH RESPECT TO THE SERVICE OR THE DATA (OR THE RESULTS TO BE OBTAINED BY THE USE THEREOF), AND STATPRO EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES SHALL NOT EXCEED IN DURATION OF ORIGINALITY, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSEE ASSUMES THE TERM ENTIRE RISK OF THIS LIMITED WARRANTY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTSANY USE LICENSEE MAY MAKE OF THE SERVICE AND THE DATA, SO THE ABOVE LIMITATION AND ACKNOWLEDGES THAT DATA FIELDS MAY NOT APPLY TO YOUBE CONSISTENT THROUGHOUT THE DATA. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL BEDGEAR SHALL STATPRO OR ITS SUPPLIERS ANY OTHER PARTY, BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR PROCUREMENT ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS, LOSS OF SUBSTITUTE PRODUCTS DATA, LOSS OF USE OR OTHER SPECIAL, INCIDENTALPUNITIVE, CONSEQUENTIALINDIRECT, INDIRECT INCIDENTIAL OR PUNITIVE CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE INABILITY OF LICENSEE TO USE THE SERVICE, REGARDLESS OF THE FORM OF ACTION, EVEN IF STATPRO HAS BEEN ADVISED OF OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES. NO INFORMATION PROVIDER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, ON THE SERVICE OR ANY OF THE DATA TRANSMITTED VIA THE SERVICE AND THE INFORMATION PROVIDERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL STATPRO OR THE INFORMATION PROVIDERS HAVE ANY LIABILITY TO LICENSEE OR ANY OTHER PERSON FOR ANY MATTER ARISING FROM OR RELATED TO THE MATTRESS OR ITS USE BY YOU OR ANY THIRD PARTYTHIS AGREEMENT, WHETHER UNDER THEORY OF BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY ) OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF BEDGEAR HAS BEEN ADVISED OTHERWISE IN EXCESS OF THE POSSIBILITY FEES ACTUALLY PAID BY LICENSEE TO STATPRO FOR THE AFFECTED PORTION OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE SERVICE OR DATA FOR THE PERIOD OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BEDGEAR’S TOTAL LIABILITY WILL TIME AFFECTED, WHICH SHALL NOT EXCEED TWELVE (12) MONTHS. WITHOUT LIMITING THE PURCHASE PRICE PAID FOR FOREGOING, WHERE STATPRO’S INDEMNITY OBLIGATION ARISES FROM DATA OR INFORMATION OBTAINED FROM A DATA PROVIDER, STATPRO’S MONETARY LIABILITY TO LICENSEE WILL BE LIMITED TO THE MATTRESS GIVING RISE TO SUCH LIABILITY. SOME STATES AMOUNT STATPRO RECOVERS FROM THE RELEVANT DATA PROVIDER, DIVIDED BY THE NUMBER OF OTHER ACTUAL OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION POTENTIAL CLAIMS BY STATPRO CUSTOMERS (INCLUDING LICENSEE) AGAINST STATPRO ARISING FROM THAT DATA OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOUINFORMATION.