Disclaimer of Warranties and Limitations of Liability. THE INFORMATION, PRODUCTS AND SERVICES OFFERED IN THE COURSE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COACH DOES NOT WARRANT THAT THE COURSE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PART OF THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COACH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE, INABILITY TO USE, OR PURCHASE OF THE COURSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COURSE. NOTWITHSTANDING THE FOREGOING, ANY DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE COURSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITED OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COACH’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, without giving effect to its conflict of laws. The state and federal courts located in Melbourne, Victoria shall have exclusive jurisdiction over any case or controversy arising from or relating to the Course. You hereby submit to the exclusive jurisdiction and venue of such courts and consent irrevocably to personal jurisdiction in such courts and waives any defence of forum non conveniens.
Disclaimer of Warranties and Limitations of Liability. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ABOUT YOUR PREPAID SERVICES OR ANY EQUIPMENT PROVIDED TO YOU BY VERIZON. YOU AND VERIZON BOTH AGREE TO LIMIT CLAIMS AGAINST EACH OTHER FOR DAMAGES OR OTHER MONETARY RELIEF TO DIRECT DAMAGES. This limitation and waiver will apply regardless of the theory of liability. That means neither of us will try to get any indirect, special, consequential, treble or punitive damages from the other. This limitation and waiver also applies if you bring a claim against one of our suppliers, to the extent we would be required to indemnify the supplier for the claim. Your Services and any equipment we provide are subject to all Disclaimers of Warranties, Indemnification and Limitations of Liability provisions contained in the Service Terms, and those provisions in the Service Terms will control in the event of a dispute between this Agreement and the Service Terms.
Disclaimer of Warranties and Limitations of Liability. EXCEPT AS PROVIDED IN SECTION 8.4 ABOVE, EVERY EV CODE SIGNING CERTIFICATE IS PROVIDED BY IDENTRUST “AS-IS” AND IDENTRUST DISCLAIMS ANY AND ALL WARRANTIES OF ANY TYPE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, CORRECTNESS OR ACCURACY OF INFORMATION PROVIDED, OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO EVERY EV CODE SIGNING CERTIFICATE AND ANY IDENTRUST SERVICE. IDENTRUST MAKES NO WARRANTY THAT ANY EV CODE SIGNING CERTIFICATE OR ANY IDENTRUST SERVICE WILL MEET ANY EXPECTATIONS, OR THAT ANY FUNCTION OR AVAILABILITY THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. IDENTRUST MAKES NO WARRANTY REGARDING ANY COMPUTER EV CODE SIGNED WITH THE EV CODE SIGNING CERTIFICATE.
Disclaimer of Warranties and Limitations of Liability. Unless otherwise explicitly agreed to in writing by Battle Axe, Battle Axe makes no other warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for particular purpose other than as set forth in this agreement or in the limited warranty documents provided with the software product. Battle Axe makes no warranty that the Software Product will meet your requirements or operate your specific conditions of use. Battle Axe makes no warranty that operation of the Software Product will be secure, , or free of interruption. You must determine whether the Software Product sufficiently meets your requirements for security and uninterruptablity. You bear sole responsibility and all liability for any loss incurred due to a failure of the Software Product to meet your requirements. Battle Axe will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device. Under no circumstances shall Battle Axe, its directors, officers, employees or agents be liable to you or any other party for indirect consequential, special, incidental, punitive, or exemplary damages of any kind (including lost revenues or profits or loss of business) resulting from this agreement, or from the furnishing, performance, installation, or use of the Software Product, whether due to a breach of contract, breach of warranty, or the negligence of Battle Axe or any other party, even if Battle Axe is advised beforehand of the possibility of such damage. To the extent that the applicable jurisdictions limit Battle Axe’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.
Disclaimer of Warranties and Limitations of Liability. SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Disclaimer of Warranties and Limitations of Liability. GfK and its respective parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents (collectively, “Company Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Application. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service xxxx, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by GfK or the Company Affiliates. The Internet may be subject to breaches of security. GfK and the Company Affiliates are not responsible for any resulting damage to any user’s device or mobile device from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. GfK and the Company Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Application. This Application may be temporarily unavailable due to maintenance or malfunction of computer equipment. THE APPLICATION (INCLUDING ALL APPLICATION UPDATES) IS MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. GFK AND THE COMPANY AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION AND THE CONTENT. GFK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH THE APPLICATION (INCLUDING ANY APPLICATION UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION, (INCLUDING ANY APPLICATION UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION (INCLUDING ANY APPLICATION UPDATES) WILL BE CORRECTED. YOU AGREE THAT GFK AND THE COMPANY AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE APPLICATION; (II) ANY ERRORS OR OMISSI...
Disclaimer of Warranties and Limitations of Liability. This section disclaims all warranties and liabilities related to Victory Online.
Disclaimer of Warranties and Limitations of Liability. Any use by you of goods and services provided by us is at your own risk. The goods and services are provided "as is," and F7 DIGITAL NETWORKS make no warranties of any kind to the maximum extent permitted by law, with respect to the goods and services, including but not limited to warranties of quality, performance, merchantability, fitness for any particular purpose, conformity to any representation or description, or non-infringement. To the extent not prohibited by applicable law, F7 DIGITAL NETWORKS’ aggregate liability, whether for breach or in tort, is limited to; In the case of services, the fees paid by Customer for the six months immediately preceding the event giving rise to such liability or; In the case of goods, the cost of those goods. In no event will F7 DIGITAL NETWORKS be liable for any indirect, punitive, special, incidental or consequential damages in connection with or arising out of the products and services provided by F7 DIGITAL NETWORKS (including but not limited to any lost profits, lost savings, loss of customers, loss of, or loss of use of, any software, data, web traffic, or emails, business interruption,) however caused and regardless of the legal theory of liability, even if F7 DIGITAL NETWORKS has been previously advised of the possibility of such damages, and even if any exclusive remedy provided for herein fails of its essential purpose. F7 DIGITAL NETWORKS does not warrant that the goods and services are error-free or that operation of the services will be uninterrupted. Essential Basis. You acknowledge and agree that the disclaimers, exclusions, and limitations of liability set forth in this section form an essential basis of this Services Agreement and have been relied on by both of us, and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of this Services Agreement and the fees applicable to all F7 DIGITAL NETWORKS services would be substantially different.
Disclaimer of Warranties and Limitations of Liability. 5.1 Each party hereby represents that it has the right to enter into this Agreement.
5.2 NEITHER PARTY MAKES ANY WARRANTY (OR REPRESENTATION OTHER THAN THAT MADE IN SECTION 5.1), EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE LICENSED SOFTWARE, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL LICENSED SOFTWARE PROVIDED HEREUNDER IS "AS IS" AND NEITHER PARTY MAKES ANY WARRANTY THAT THE LICENSED SOFTWARE IS FREE FROM CLAIMS OF INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, OR OTHER PROPRIETARY RIGHTS OF OTHERS. THERE ARE NOT WARRANTIES, EITHER EXPRESS OR IMPLIED, AND ANY AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND NEGATED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EITHER PARTY OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR MAKE ANY MODIFICATION, EXTENSION OR ADDITION TO THIS WARRANTY.
5.3 IN NO EVENT WHATSOEVER SHALL EITHER PARTY BE LIABLE TO THE OTHER OR TO THIRD PARTIES FOR ANY DAMAGES CAUSED, IN WHOLE OR IN PART, BY THE USE OF THE LICENSED SOFTWARE OR FOR ANY LOST REVENUES, LOST PROFITS, LOST SAVING OR OTHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCURRED BY ANY PERSON, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
Disclaimer of Warranties and Limitations of Liability. Any use by you of goods and services provided by us is at your own risk. The goods and services are provided "as is," and VISITS make no warranties of any kind to the maximum extent permitted by law, with respect to the goods and services, including but not limited to warranties of quality, performance, merchantability, fitness for any particular purpose, conformity to any representation or description, or non-infringement. To the extent not prohibited by applicable law, VISITS’ aggregate liability under this agreement, whether for breach or in tort, is limited to; In the case of services, the fees paid by Customer for the two months immediately preceding the event giving rise to such liability or; In the case of goods, the cost of those goods. In no event will VISITS be liable for any indirect, punitive, special, incidental or consequential damages in connection with or arising out of this agreement (including but not limited to any lost profits, lost savings, loss of customers, loss of, or loss of use of, any software, data, web traffic, or emails, business interruption,) however caused and regardless of the legal theory of liability, even if VISITS has been previously advised of the possibility of such damages, and even if any exclusive remedy provided for herein fails of its essential purpose. VISITS does not warrant that the goods and services are error-free or that operation of the services will be uninterrupted. Waiver The failure of a party to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter. Payment Prioritisation VISITS reserves the right to apply payments by you to invoices of our choosing. In general, payments will be applied in accordance with the following: Overdue before current invoices; Late fees before the original invoice; Services before Products.
