Common use of Disclaimer of Warranties and Limitation of Liabilities Clause in Contracts

Disclaimer of Warranties and Limitation of Liabilities. Plastk Sentinel contains features that may be of assistance to you in helping to prevent, detect and/or respond to incidents involving certain forms of theft or misuse of your personal information. In addition, you should also consider the availability of information, tools, and resources that may be available to you without charge in the event that you suspect that your identity has been stolen or compromised, or may be subject to, possible theft or misuse. Plastk Sentinel is an information-based product that delivers information to you to help you minimize the risk of identity fraud. For purposes of this Agreement, “identity theft” is when your name, address, social insurance number, debit card, credit card or certain other personally identifiable information is stolen or otherwise taken without your knowledge or approval with the intent to commit crimes or other fraud and “identity fraud” is when someone actually uses that information to impersonate you to commit fraud and get advantage for themselves or someone else. BY SUBSCRIBING FOR PLASTK SENTINEL, YOU ACKNOWLEDGE AND AGREE THAT NO PRODUCT IS CAPABLE OF PREVENTING OR DETECTING ALL FORMS OF IDENTITY THEFT OR IDENTITY FRAUD. YOU ALSO AGREE THAT YOU WILL TAKE REASONABLE PRECAUTIONS TO PROTECT AND SAFEGUARD YOUR PERSONAL AND FINANCIAL INFORMATION AND AVOID DISCLOSURES OF ANY SUCH INFORMATION TO ANY INDIVIDUAL OR ENTITY, KNOWN OR UNKNOWN, THAT COULD BE REASONABLY EXPECTED TO IMPROPERLY USE SUCH INFORMATION. PLASTK AND ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AND/OR AFFILIATED COMPANIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PLASTK SENTINEL AND WE DO NOT WARRANT THAT IT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. PLASTK SENTINEL DOES NOT CONSTITUTE A POLICY OR CONTRACT OF INSURANCE AGAINST IDENTITY THEFT OR IDENTITY FRAUD AND/OR THE CONSEQUENCES OF IDENTITY THEFT AND IDENTITY FRAUD. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF PLASTK OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES, WILL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FAILURE TO REALIZE EXPECTED SAVINGS OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO YOUR USE OR INABILITY TO USE OR ACCESS THE PLASTK SENTINEL SERVICES, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION RELATING TO THE PLASTK SENTINEL SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLASTK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST PLASTK, AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES IN RESPECT OF ALL MATTERS REFERRED TO IN THE PRECEDING PARAGRAPH. IF FOR ANY REASON OR IN ANY CIRCUMSTANCE PLASTK IS FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS ARISING IN ANY WAY FROM OR RELATING TO THE USE (OR INABILITY TO USE), THE PLASTK SENTINEL SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION RELATING TO THE PLASTK SERVICES OR OTHERWISE, WILL BE LIMITED TO CDN$10.00. If you cancel your Plastk Sentinel subscription, we will no longer be obligated to provide the Plastk Sentinel to you, regardless of whether or not a particular act of real and/or suspected identity theft or identity fraud occurred while your Plastk Sentinel subscription was active.

Appears in 1 contract

Samples: Plastk Sentinel Service Terms And

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Disclaimer of Warranties and Limitation of Liabilities. Plastk Sentinel MogoProtect contains features that may be of assistance to you in helping to prevent, detect and/or respond to incidents involving certain forms of theft or misuse of your personal information. In addition, you should also consider the availability of information, tools, and resources that may be available to you without charge in the event that you suspect that your identity has been stolen or compromised, or may be subject to, possible theft or misuse. Plastk Sentinel MogoProtect is an information-based product that delivers information to you to help you minimize the risk of identity fraud. For purposes of this Agreement, “identity theft” is when your name, address, social insurance number, debit card, credit card or certain other personally identifiable information is stolen or otherwise taken without your knowledge or approval with the intent to commit crimes or other fraud and “identity fraud” is when someone actually uses that information to impersonate you to commit fraud and get advantage for themselves or someone else. BY SUBSCRIBING FOR PLASTK SENTINELMOGOPROTECT, YOU ACKNOWLEDGE AND AGREE THAT NO PRODUCT IS CAPABLE OF PREVENTING OR DETECTING ALL FORMS OF IDENTITY THEFT OR IDENTITY FRAUD. YOU ALSO AGREE THAT YOU WILL TAKE REASONABLE PRECAUTIONS TO PROTECT AND SAFEGUARD YOUR PERSONAL AND FINANCIAL INFORMATION AND AVOID DISCLOSURES OF ANY SUCH INFORMATION TO ANY INDIVIDUAL OR ENTITY, KNOWN OR UNKNOWN, THAT COULD BE REASONABLY EXPECTED TO IMPROPERLY USE SUCH INFORMATION. PLASTK MOGO AND ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AND/OR AFFILIATED COMPANIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PLASTK SENTINEL MOGOPROTECT AND WE DO NOT WARRANT THAT IT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. PLASTK SENTINEL MOGOPROTECT DOES NOT CONSTITUTE A POLICY OR CONTRACT OF INSURANCE AGAINST IDENTITY THEFT OR IDENTITY FRAUD AND/OR THE CONSEQUENCES OF IDENTITY THEFT AND IDENTITY FRAUD. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF PLASTK MOGO OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES, WILL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FAILURE TO REALIZE EXPECTED SAVINGS OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO YOUR USE OR INABILITY TO USE OR ACCESS THE PLASTK SENTINEL MOGOPROTECT SERVICES, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION RELATING TO THE PLASTK SENTINEL MOGOPROTECT SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLASTK MOGO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST PLASTKMOGO, AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES IN RESPECT OF ALL MATTERS REFERRED TO IN THE PRECEDING PARAGRAPH. IF FOR ANY REASON OR IN ANY CIRCUMSTANCE PLASTK MOGO IS FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS ARISING IN ANY WAY FROM OR RELATING TO THE USE (OR INABILITY TO USE), THE PLASTK SENTINEL MOGOPROTECT SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION RELATING TO THE PLASTK MOGO SERVICES OR OTHERWISE, WILL BE LIMITED TO CDN$10.00. If you cancel your Plastk Sentinel MogoProtect subscription, we will no longer be obligated to provide the Plastk Sentinel MogoProtect to you, regardless of whether or not a particular act of real and/or suspected identity theft or identity fraud occurred while your Plastk Sentinel MogoProtect subscription was active.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer of Warranties and Limitation of Liabilities. Plastk Sentinel contains features The information provided by the Site is provided without warranty or liability -- whether implied, express or statutory. IHB does not warrant that may the Site will be of assistance to you in helping to prevent, detect and/or respond to incidents involving certain forms of theft error or misuse virus free. IHB does not assume any responsibility whatsoever arising out of your personal informationuse of the Site, regardless of whether negligence on the part of IHB may have caused or contributed to any loss or damage suffered by you as a result of using or relying upon the Site. In additionno event under any theory of law, you should also consider the availability whether contract, tort, warranty or otherwise, shall IHB have any liability to any person for incidental, special, consequential or exemplary damages of informationany description, tools, and resources that may be available to you without charge in the event that you suspect that your identity has been stolen or compromised, or may be subject including but not limited to, possible theft damages for loss of profits, cost of capital or misusebusiness interruption expenses as a result of your use of the Site. Plastk Sentinel is an information-based product that delivers information to you to help you minimize the risk of identity fraud. For purposes of this Agreement, “identity theft” is when your name, address, social insurance number, debit card, credit card or certain other personally identifiable information is stolen or otherwise taken without your knowledge or approval with the intent to commit crimes or other fraud and “identity fraud” is when someone actually uses that information to impersonate you to commit fraud and get advantage for themselves or someone else. BY SUBSCRIBING FOR PLASTK SENTINEL, YOU ACKNOWLEDGE AND AGREE THAT NO PRODUCT IS CAPABLE OF PREVENTING OR DETECTING ALL FORMS OF IDENTITY THEFT OR IDENTITY FRAUD. YOU ALSO AGREE THAT YOU WILL TAKE REASONABLE PRECAUTIONS TO PROTECT AND SAFEGUARD YOUR PERSONAL AND FINANCIAL INFORMATION AND AVOID DISCLOSURES OF IHB SPECIFICALLY DISCLAIMS ANY SUCH INFORMATION TO ANY INDIVIDUAL OR ENTITY, KNOWN OR UNKNOWN, THAT COULD BE REASONABLY EXPECTED TO IMPROPERLY USE SUCH INFORMATION. PLASTK AND ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AND/OR AFFILIATED COMPANIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT REGARD TO PLASTK SENTINEL THIS SITE, ITS SOFTWARE AND WE DO THE INFORMATION PROVIDED THROUGH THE SITE, INCLUDING BUT NOT WARRANT THAT IT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. PLASTK SENTINEL DOES NOT CONSTITUTE A POLICY OR CONTRACT OF INSURANCE AGAINST IDENTITY THEFT OR IDENTITY FRAUD AND/OR THE CONSEQUENCES OF IDENTITY THEFT AND IDENTITY FRAUD. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF PLASTK OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES, WILL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FAILURE TO REALIZE EXPECTED SAVINGS OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO YOUR USE OR INABILITY TO USE OR ACCESS THE PLASTK SENTINEL SERVICES, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION RELATING TO THE PLASTK SENTINEL SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLASTK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST PLASTK, AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES IN RESPECT OF ALL MATTERS REFERRED TO IN THE PRECEDING PARAGRAPH. IF FOR ANY REASON OR IN ANY CIRCUMSTANCE PLASTK IS FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS ARISING IN ANY WAY FROM OR RELATING TO THE USE (OR INABILITY TO USE), THE PLASTK SENTINEL SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION RELATING TO THE PLASTK SERVICES OR OTHERWISE, WILL BE LIMITED TO CDN$10.00WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Site User Licensing IHB reserves the right to prohibit you from accessing the Site at any time with or without cause. Your access to the Site constitutes a revocable, nonexclusive limited license to access the Site under the terms and conditions of this agreement. If you cancel your Plastk Sentinel subscriptionare authorized to download, we will no longer be obligated copy, display, exhibit, share, or otherwise distribute the content of the Site, it is for informational, purposes only. Any unauthorized downloading, retransmission, republication or other copying or modification of material posted on the Site, including trademarks, tradenames and service marks, may violate federal, common or civil law trademark law and copyright law, is prohibited and may result in legal action. If you download software from the Site, such software is licensed on a limited basis to provide you by IHB or the Plastk Sentinel owner of such software. Title to the software is not transferred to you. You own the medium on which the software is recorded, regardless but IHB retains all rights, title and interest in and to the software, and all intellectual property rights therein. IHB reserves the right to require you to delete, destroy or otherwise remove any content that is used in a manner that in IHB's opinion is contrary to this Agreement. You agree that any person to whom you supply the content, directly or indirectly, will be advised of the terms and conditions of this Agreement, and that each such person is bound by these terms and conditions. You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the materials on the Site. Copyrights and Trademarks The trademarks, logos and service marks owned by IHB, whether registered or unregistered, may not be used in connection with any product or service unless IHB expressly grants such a particular act right via a licensing agreement. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without the express written permission of real and/or suspected identity theft IHB, its licensors or identity fraud occurred while your Plastk Sentinel subscription was activesuppliers, or the third party owner of any such trademark. Unauthorized usage of any trademark is prohibited, and IHB will aggressively enforce its intellectual property rights including but not limited to judicial remedies. For permission to use trademarks or copyrighted material, or other proprietary content, see Trademark Licensing information.

Appears in 1 contract

Samples: www.ihbrr.com

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Disclaimer of Warranties and Limitation of Liabilities. Plastk Sentinel contains features YOU EXPRESSLY UNDERSTAND AND AGREE THAT: TO THE FULLEST EXTENT PERMITTED BY LAW, ALL USE OF THE WEBSITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THE WEBSITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, we make no warranty, promise or guarantee of any kind that (A) Operation of the Website and/or Services will be continuous, TIMELY, uninterrupted, secure, or that the Website or its server are free of ERRORS, viruses or other harmful effects; (b) the Website or Services will meet your requirements or expectations; (c) the results that may be obtained from use of assistance the Website, PRODUCTS or Services will be effective, typical, accurate or reliable; AND (d) the quality of any products, services or information purchased or obtained by you from the Website or Services will meet your expectations or be free from mistakes, errors or defects. YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES IS AT YOUR OWN RISK. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING THE WEBSITE AND SERVICES. FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THE WEBSITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. You should conduct your own due diligence as to you in helping to preventthe truth, detect and/or respond to incidents involving certain forms of theft or misuse of your personal information. In additionaccuracy, you should also consider the availability of information, toolscompleteness, and resources that may be available continuing validity of any information set forth in or referenced at the Website. Likewise, SOTV does not warrant the accuracy of ANY third party content contained within or referred to you without charge in at the event that you suspect that your identity has been stolen or compromisedWebsite, or may be subject toincluding any links to third party Websites. SOTV IS NOT LIABLE FOR ANY DEFAMATORY, possible theft or misuseOFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. Plastk Sentinel is an information-based product that delivers information to you to help you minimize the risk of identity fraudSOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY IN WHOLE OR IN PART TO YOU. For purposes of this AgreementUNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL SOTV OR ITS AGENTS, “identity theft” is when your nameDIRECTORS, addressSHAREHOLDERS, social insurance numberMEMBERS, debit cardPARTNERS, credit card or certain other personally identifiable information is stolen or otherwise taken without your knowledge or approval with the intent to commit crimes or other fraud and “identity fraud” is when someone actually uses that information to impersonate you to commit fraud and get advantage for themselves or someone elseMANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, DISTRIBUTORS, VENDORS, ATTORNEYS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES, OR ANY MATERIALS ON THE WEBSITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF SOTV FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THE WEBSITE, OR OTHERWISE RELATING TO YOUR USE OF THE WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO SOTV FOR USE OF THE WEBSITE, PRODUCTS OR SERVICES. BY SUBSCRIBING FOR PLASTK SENTINELUSING ANY PRODUCT(S), YOU ACKNOWLEDGE AND AGREE THAT NO PRODUCT IS CAPABLE YOU ARE FULLY RESPONSIBLE FOR ANY POTENTIAL EFFECTS, PROPER HANDLING AND PROPER USAGE OF PREVENTING SUCH PRODUCT(S), AND YOU ACKNOWLEDGE AND ASSUME ANY RISKS THAT MAY COME THEREWITH, INCLUDING, WITHOUT LIMITATION, ANY HEALTH EFFECTS, ALLERGIC REACTIONS, PHYSIOLOGICAL CHANGES AND EFFECTS, BODY REACTIONS, AND ANY LOSS OR DETECTING DAMAGES THAT MAY OCCUR THEREAFTER. THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL: (I) ONLY APPLY TO THE EXTENT PERMITTED BY LAW, AND (II) NOT APPLY TO (A) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (B) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS. Release and Indemnification IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE WEBSITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE SOTV AND ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SUPPLIERS, DISTRIBUTORS, VENDORS, ATTORNEYS AND AFFILIATES (collectively, the “released Parties”) FROM ANY AND ALL FORMS RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF IDENTITY THEFT OR IDENTITY FRAUD. YOU ALSO AGREE THAT YOU WILL TAKE REASONABLE PRECAUTIONS TO PROTECT ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND SAFEGUARD YOUR PERSONAL AND FINANCIAL INFORMATION AND AVOID DISCLOSURES DISBURSEMENTS OF ANY SUCH INFORMATION TO ANY INDIVIDUAL OR ENTITYNATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, THAT COULD BE REASONABLY EXPECTED TO IMPROPERLY USE WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH INFORMATION. PLASTK AND ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, DISPUTE AND/OR AFFILIATED COMPANIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PLASTK SENTINEL AND WE DO NOT WARRANT THAT IT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. PLASTK SENTINEL DOES NOT CONSTITUTE A POLICY OR CONTRACT USE OF INSURANCE AGAINST IDENTITY THEFT OR IDENTITY FRAUD THE WEBSITE AND/OR THE CONSEQUENCES OF IDENTITY THEFT AND IDENTITY FRAUD. or SERVICES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ANY DISPUTE WILL BE RESOLVED IN THE EU. You further agree to indemnify, defend and hold harmless, TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF PLASTK RELEASED PARTIES from and against all claims, demands, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from, arising out of OR ANY OF ITS AFFILIATESIN CONNECTION WITH your use, DIRECTORSunlawful use or other misuse, OFFICERSor inability to use the Website or Services, EMPLOYEESyour breach of this Agreement, AGENTS, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES, WILL BE LIABLE FOR ANY DAMAGES OR otherwise RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, DIRECTANY POTENTIAL OR ACTUAL COMMUNICATION, SPECIALTRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTY), INDIRECTANY CONTENT POSTED BY YOU OR ON YOUR BEHALF TO THE WEBSITE, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING LOST PROFITS, LOSS ANY USE OF DATA, LOSS OF GOODWILL, FAILURE TO REALIZE EXPECTED SAVINGS OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO YOUR USE OR INABILITY TO USE OR ACCESS THE PLASTK SENTINEL SERVICESANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ARISING OUT ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY ACTION TAKEN IN RESPONSE CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO OR AS A RESULT ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY INFORMATION RELATING MATTER OTHERWISE SUBJECT TO THE PLASTK SENTINEL SERVICESINDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR SECTION SURVIVES TERMINATION OF THIS AGREEMENT. ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLASTK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST PLASTK, AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES IN RESPECT OF ALL MATTERS REFERRED TO DISPUTE WILL BE RESOLVED IN THE PRECEDING PARAGRAPH. IF FOR ANY REASON OR IN ANY CIRCUMSTANCE PLASTK IS FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS ARISING IN ANY WAY FROM OR RELATING TO THE USE (OR INABILITY TO USE), THE PLASTK SENTINEL SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION RELATING TO THE PLASTK SERVICES OR OTHERWISE, WILL BE LIMITED TO CDN$10.00. If you cancel your Plastk Sentinel subscription, we will no longer be obligated to provide the Plastk Sentinel to you, regardless of whether or not a particular act of real and/or suspected identity theft or identity fraud occurred while your Plastk Sentinel subscription was activeEU.

Appears in 1 contract

Samples: www.sotvtranquilwaters.com

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