DISCLAIMER; LIMITATIONS OF LIABILITY. EXCEPT AS EXPRESSLY SET FORTH HEREIN SPHERIS AND ITS LICENSORS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT WITH RESPECT TO THE EQUIPMENT AND SERVICES PROVIDED UNDER THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXPECTATION, OR SPECIAL DAMAGES EVEN IF SPHERIS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPHERIS’ AND ITS LICENSORS AGGREGATE LIABILITY TO CLIENT AND/OR ANY FACILITY UNDER THIS AGREEMENT AND WITH RESPECT TO SERVICES FURNISHED HEREUNDER (WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LAW OR EQUITY) SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, ONE MILLION DOLLARS ($1,000,000) PER OCCURRENCE/FIVE MILLION DOLLARS ($5,000,000) AGGREGATE INSURANCE COVERAGE. CLIENT AND FACILITY ACKNOWLEDGE THAT SPHERIS’ OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF CLIENT AND ITS FACILITIES ONLY. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE FOREGOING LIMITATION OF LIABILITY REPRESENTS THE ALLOCATION OF RISK OF FAILURE BETWEEN THE PARTIES AS REFLECTED IN THE PRICING HEREUNDER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
DISCLAIMER; LIMITATIONS OF LIABILITY. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, BLUELOCK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, TITLE, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. BLUELOCK MAKES NO REPRESENTATIONS OR WARRANTIES (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, TITLE, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE), AND SHALL HAVE NO LIABILITY UNDER ANY THEORY OF LAW, FOR ANY THIRD PARTY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL BLUELOCK BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS OR LOST DATA, REGARDLESS OF THE THEORY OF LAW AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM. IN NO EVENT SHALL BLUELOCK'S LIABILITY HEREUNDER, REGARDLESS OF THE THEORY OF LAW, EXCEED THE AMOUNT DUE BLUELOCK UNDER THE APPLICABLE ORDER FORM IN THE THREE (3) MONTHS PRECEDING SUCH CLAIM, IF ANY.
DISCLAIMER; LIMITATIONS OF LIABILITY. TERADATA MAKES, AND YOU RECEIVE, NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT. TERADATA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL TERADATA BE LIABLE FOR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF REVENUE) ARISING OUT OF THIS AGREEMENT OR INCURRED BY YOU, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF TERADATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TERADATA’S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID TO TERADATA UNDER THIS AGREEMENT. THIS SECTION REPRESENTS YOUR EXCLUSIVE REMEDY AND TERADATA'S ENTIRE LIABILITY UNDER THIS AGREEMENT.
DISCLAIMER; LIMITATIONS OF LIABILITY. You understand that Linkibag cannot and does not guarantee or warrant that files available for downloading from the Linkibag Service will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s), mobile device(s), or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s), mobile device(s), and network(s), and that you will maintain adequate means of backup of your personal data, external to this Service. Linkibag further disclaims any responsibility to ensure that the Content located on its Service is necessarily complete and up-to-date. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY. LINKIBAG DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. LINKIBAG DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY LINKIBAG SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LINKIBAG DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND LINKIBAG MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SERVICE OR ITS CONTENT. LINKIBAG MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. LINKIBAG, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY LOSS OR INJURY OR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF LINKIBAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. To the extent that we may not, as a matter of applicable law, disclaim any ...
DISCLAIMER; LIMITATIONS OF LIABILITY. 8.1 We do not endorse nor are liable for third-party services. The CAR-ON-DEMAND Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services on or through the CAR-ON-DEMAND Platform, even if placed upon the CAR-ON-DEMAND Platform by us, are not an endorsement by us of such Third-Party Services.
DISCLAIMER; LIMITATIONS OF LIABILITY. Merchant acknowledges that the Decline Minimizer Service is only accurate to the extent a bank card issuing member of a Bank Association participates in the Decline Minimizer Service provided such respective Bank Association(s) and its bank card issuing members also participate in the Decline Minimizer Service provided through such Bank Association(s). Furthermore, Merchant acknowledges that OpenEdge is not responsible in any way for the accuracy or the completeness of data which may be accessed as part of the Decline Minimizer Service. MERCHANT ACKNOWLEDGES AND AGREES THAT OPENEDGE WILL HAVE NO LIABILITY OF ANY KIND FOR LOSSES OR CLAIMS RELATED TO THE DECLINE MINIMIZER SERVICE. IN NO EVENT SHALL OPENEDGE, OR ITS THIRD PARTY CREDIT CARD PROCESSING PROVIDERS (I.E. FIRST DATA MEMBER SERVICES CORPORATION), OR RESPECTIVE BANK ASSOCIATIONS BE LIABLE TO MERCHANT OR ANY OTHER PARTY FOR ANY LOSS OF PROFITS OR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES WAS FORESEEABLE.
DISCLAIMER; LIMITATIONS OF LIABILITY a. TO THE FULLEST EXTENT PERMITTED BY LAW, XXXXX XXXXXX PROVIDES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT.
b. Xxxxx Xxxxxx shall not be liable for any liabilities, losses or other damages of Customer, its patients, employees, agents or representatives related to the use or sale of the TeleDent Services or the provision of any other services provided in respect thereof. Customer agrees to look solely to the applicable party providing such services for any claim arising due to any loss, injury, damage or death related to the use or sale of such components, products or services.
c. Customer assumes full responsibility for the delivery of medical care and hereby acknowledges and agrees that Customer is fully responsible for all medical and clinical activities, diagnoses and outcomes. Customer acknowledges that (i) Xxxxx Xxxxxx makes no representations, warranties or guarantees, express or implied, regarding the conformance to any standards of medical practice of the TeleDent Services or Customer’s entitlement to receive payment or reimbursement from any third party payor for medical care or other services provided using the TeleDent Services, and (ii) Customer is solely responsible for its clinical decision-making based on the medical condition and needs of its patients.
d. XXXXX XXXXXX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND LOSS OF GOODWILL, ARISING FROM OR RELATING TO THE PRODUCTS OR SERVICES OR ANY BREACH OF THIS AGREEMENT (OR ANY DUTY OF COMMON LAW, AND WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF XXXXX XXXXXX OR ITS AFFILIATES), REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER; LIMITATIONS OF LIABILITY. Safe 1 will make reasonable efforts to provide online availability to Electronic Services and has in place security controls intended to protect your information. However, Safe 1 makes no representations, warranties or guarantees that this website or any member communications will be secure, accessible continuously, without interruption or error free. To the extent that you might otherwise believe that any warranties, guarantees, or representations have been made to you, you hereby agree that such statements, whether made orally or in writing, are to be construed and merely non-binding expressions of policy rather than affirmative representations, obligations, guarantees, or warranties. In no event shall Safe 1 be liable for any damages (including without limitation any direct, indirect, special, incidental, or consequential damages), losses or expenses that arise in connection with the use of Electronic Services, Electronic Access and member communications. Safe 1 shall also not be liable for any damages, losses, or expenses that arise in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, or computer or system failure. 3/19
DISCLAIMER; LIMITATIONS OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, PERCEPIO DISCLAIMS AND EXCLUDES ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE, COLLATERALLY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE SOFTWARE AND THE SERVICES. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR ANY LOSS OF REVENUE, PROFITS, USE OR DATA ARISING UNDER THE AGREEMENT. THIS SECTION DOES NOT APPLY TO CUSTOMER’S CONTRACTUAL PAYMENT OBLIGATIONS. PERCEPIO’S MAXIMUM LIABILITY UNDER THE AGREEMENTS IS PROVIDED IN THE EULA.
DISCLAIMER; LIMITATIONS OF LIABILITY
