Disclaimer of Warranties; Limitation of Liability. 4.1 YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Q Q Green, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE. 4.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Q Q GREEN (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Q Q GREEN (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
Appears in 1 contract
Samples: User Agreement
Disclaimer of Warranties; Limitation of Liability. 4.1 YOU EXPRESSLY AGREE WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISKOUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NEITHER Q Q Green, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITESERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR AS INABILITY TO USE, THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON SERVICE IS AT YOUR SOLE RISK. THE SITE, ANY MERCHANDISE OR SERVICE AND ALL PRODUCTS AND SERVICES PROVIDED DELIVERED TO YOU THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
4.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN "'AS IS" BASIS ' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER , DURABILITY, TITLE, AND NON-INFRINGEMENT. IN NO CIRCUMSTANCESCASE SHALL CLOUD9, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Q Q GREEN (ANY ERRORS OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OMISSIONS IN ANY CONTENT, INFORMATIONOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, MATERIAL, POSTINGSTRANSMITTED, OR POSTING RESPONSES ON OTHERWISE MADE AVAILABLE VIA THE SITE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES, PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS LIMITATION OF WHETHER LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Q Q GREEN (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOUMAXIMUM EXTENT PERMITTED BY LAW.
Appears in 1 contract
Samples: Terms of Service and User Agreement
Disclaimer of Warranties; Limitation of Liability. 4.1 YOU EXPRESSLY AGREE THAT USE OF NEITHER THE SITE IS AT YOUR SOLE RISK. NEITHER Q Q Green, COMPANY NOR ANY PROVIDER OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WEB SERVICE WILL BE UNINTERUPTED UNINTERRUPTED OR ERROR FREE. ; NOR DO THEY DOES THE COMPANY, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY TO BE OBTAINED FROM THE USE OF THE SITE, WEB SERVICE OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON . THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH WEB SERVICE AND THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
4.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE CONTENT ARE PROVIDED DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT BASIS. NEITHER THE COMPANY, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOINCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER NO CIRCUMSTANCES, INCLUDINGWITH RESPECT TO THE WEB SERVICE, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Q Q GREEN (ANY CONTENT OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, PRODUCTS OR SERVICES SOLD THROUGH THE WEB SERVICE. NEITHER THE COMPANY NOR ANY THIRD PARTY CONTENT PROVIDERS, PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB SERVICE WILL BE FREE OF VIRUSES OR LICENSORS, SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER THE COMPANY NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), AGENTS SHALL BE LIABLE FOR ANY DIRECTACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ARISING OUT OF THE USE OF, OF OR THE INABILITY TO USEUSE THE SERVICE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE EVEN IF SUCH PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Q Q GREEN (AND ANY SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF ITS PARENTSLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUBSIDIARIESSO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, AFFILIATES, EMPLOYEES, AGENTSTHE LIABILITY OF THE COMPANY, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOUAGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranties; Limitation of Liability. 4.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THAT: YOUR USE OF THE SITE OUR SERVICES IS AT YOUR SOLE RISK. NEITHER Q Q GreenOUR CONSIGNMENT AND OTHER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, NOR WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS OR (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM US OR THROUGH OR FROM OUR WEBSITE OR OUR SERVICES WILL CREATE ANY OF WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. LUSSO BY XXXX LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
4.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Q Q GREEN (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORSPARTNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECTANY, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OFSPECIAL, CONSEQUENTIAL, OR THE INABILITY TO EXEMPLARY DAMAGES OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGSDATA, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD FOR OTHER REASON TO KNOW, OR IN FACT KNEW INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) THE USE OR THE INABILITY TO USE OUR SERVICES OR OUR WEBSITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT; OR (D) ANY OTHER MATTER RELATING TO OUR SERVICES OR THIS AGREEMENT. YOU SPECIFICALLY ACKNOWLEDGE IN NO EVENT WILL OUR LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT WE HAVE ACTUALLY RECEIVED OR PAID AS A RESULT OF SELLING OR PURCHASING YOUR PROPERTY HEREUNDER. THE FOREGOING DISCLAIMERS AND AGREE THAT Q Q GREEN (LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF OUR BUSINESS, AND WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMERS AND LIMITATIONS. PLEASE SEEK THE ADVICE OF APPROPRIATE PROFESSIONALS REGARDING THE TERMS OF THIS AGREEMENT AND THE EVALUATION OF ANY OF ITS PARENTSSPECIFIC OPINION, SUBSIDIARIESADVICE, AFFILIATESPRODUCT, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERSSERVICE, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOUOTHER CONTENT.
Appears in 1 contract
Samples: Consignment Agreement
Disclaimer of Warranties; Limitation of Liability. 4.1 YOU EXPRESSLY AGREE THAT USE OF 12.1. THE SITE IS AT YOUR SOLE RISK. NEITHER Q Q Green, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY APPLICATION AND THE CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR AND SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
4.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN "TO YOU “AS IS" BASIS ” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTIES WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EITHER EXPRESS OR THE BANK, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOWITH RESPECT TO THE APPLICATION AND THE CONTENT AND SERVICES, WARRANTIES OF TITLE OR INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE BANK PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
4.3 UNDER 12.2. THE BANK ASSUMES NO CIRCUMSTANCESRESPONSIBILITY FOR THE TRANSACTIONS YOU PERFORM ON OR THROUGH THE APPLICATION. IN NO EVENT SHALL THE BANK BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY TRANSACTION YOU PERFORM ON OR THROUGH THE APPLICATION.
12.3. YOU UNDERSTAND THAT THE BANK CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE APPLICATION OR THE CONTENT AND SERVICES WILL BE ERROR FREE OR FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, INCLUDINGAND FOR MAINTAINING A MEANS FOR ANY RECONSTRUCTION OF ANY LOST DATA. THE BANK WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY BUGS, BUT NOT LIMITED TOCRASHES, NEGLIGENCEA DISTRIBUTED DENIAL-OF- SERVICE ATTACK, SHALL Q Q GREEN (VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR DAMAGE YOUR MOBILE DEVICE, APPLICATIONS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS OR USE OF THE APPLICATION OR THE CONTENT AND SERVICES.
12.4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE BANK OR ITS AFFILIATES, OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR LICENSORS, RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE SERVICES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OFCONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR THE INABILITY TO USEOTHER DAMAGES WHATSOEVER (INCLUDING, ANY CONTENTWITHOUT LIMITATION, INFORMATIONTHOSE RESULTING FROM LOST PROFITS, MATERIAL, POSTINGSLOST DATA, OR POSTING RESPONSES BUSINESS INTERRUPTION), WHETHER BASED ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISEDWARRANTY, HAD OTHER REASON TO KNOWCONTRACT, TORT, OR IN FACT KNEW ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF FOR SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION AND THE CONTENT AND SERVICES IS TO STOP USING THEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF THE BANK TO YOU SPECIFICALLY ACKNOWLEDGE WITH RESPECT TO YOUR USE OF THE APPLICATION OR THE CONTENT AND AGREE THAT Q Q GREEN SERVICES IS FIVE HUNDRED DOLLARS (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS$500), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
Appears in 1 contract
Disclaimer of Warranties; Limitation of Liability. 4.1 YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Q Q Green, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT BORROWER ACKNOWLEDGES AND AGREES THAT THE SITE WILL BE UNINTERUPTED EQUIPMENT IS FINANCED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” AND, IRRESPECTIVE OF WHETHER BORROWER IS ACQUIRING THE EQUIPMENT DIRECTLY FROM A SUPPLIER OR ERROR FREE. NOR DO THEY FROM LENDER: (i) LENDER DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY AND ALL WARRANTIES EITHER EXPRESSED OR IMPLIED AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE CONDITION OF THE SITEEQUIPMENT, ITS MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE, ITS DESIGN, CONDITION, CAPACITY, DURABILITY, QUALITY OF MATERIAL, OPERATION OR WORKMANSHIP, CONFORMITY OF ANY DESCRIPTION OR PATENT, TRADEMARK OR COPYRIGHT, OR AS OTHERWISE WITH RESPECT TO ANY CHARACTERISTICS OF THE ACCURACY, RELIABILITY, COMPLETENESS, EQUIPMENT WHATSOEVER; (ii) LENDER IS NOT THE MANUFACTURER OR CONTENTS SUPPLIER OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, THE EQUIPMENT NOR THE MANUFACTURER’S OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
4.2 THE SITE SUPPLIER’S AGENT AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Q Q GREEN (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE SUCH PERSON IS LXXXXX’S AGENT FOR ANY DIRECTPURPOSE; (iii) LENDER IS NOT RESPONSIBLE FOR ANY REPAIRS OR SERVICE TO ANY EQUIPMENT, DEFECTS THEREIN OR FAILURES IN THE OPERATION THEREOF OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OFIN CONNECTION WITH ANY SUCH EQUIPMENT, DEFECTS, OR THE INABILITY FAILURES (NOR SHALL BORROWER BE RESPONSIBLE OR LIABLE TO USELENDER FOR ANY INDIRECT SPECIAL, ANY CONTENT, INFORMATION, MATERIAL, POSTINGSINCIDENTAL, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, CONSEQUENTIAL DAMAGES ARISING UNDER OR IN FACT KNEW CONNECTION WITH THIS MASTER AGREEMENT; PROVIDED, THAT NOTHING IN THIS SECTION 5(F) SHALL LIMIT THE BORROWER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10(C) OF THE POSSIBILITY THIS MASTER AGREEMENT); AND (iv) BORROWER HAS SELECTED EACH ITEM OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE EQUIPMENT BASED ON ITS OWN JUDGMENT AND AGREE THAT Q Q GREEN (AND EXPRESSLY DISCLAIMS ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, RELIANCE UPON ANY STATEMENTS OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOUREPRESENTATIONS MADE BY LXXXXX.
Appears in 1 contract
Samples: Master Equipment Finance Agreement (Iris Energy LTD)
Disclaimer of Warranties; Limitation of Liability. 4.1 YOU EXPRESSLY AGREE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. GLOBALMSDS LTD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Q Q GreenSERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR ANY AND YOU AGREE THAT FROM TIME TO TIME GLOBALMSDS LTD MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERSTIME, OR LICENSORS WARRANT CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE WILL BE UNINTERUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
4.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT AND "AS AVAILABLE" BASIS. GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. GLOBALMSDS LTD DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND GLOBALMSDS LTD DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. GLOBALMSDS LTD SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) GLOBALMSDS LTD'S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) GLOBALMSDS LTD'S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBALMSDS LTD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES DAMAGES FOR LOSS OF TITLE PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Q Q GREEN (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERSSERVICES, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW INTANGIBLE LOSSES (EVEN IF GLOBALMSDS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Q Q GREEN ), RESULTING FROM: (AND I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF ITS PARENTSTHE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERSCORRUPTION OF, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE FAILURE TO STORE AND/OR ILLEGAL SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY USER, INCLUDING YOUTHIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
Appears in 1 contract
Samples: Terms and Conditions
Disclaimer of Warranties; Limitation of Liability. 4.1 YOU EXPRESSLY AGREE WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISKOUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NEITHER Q Q Green, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITESERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR AS INABILITY TO USE, THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON SERVICE IS AT YOUR SOLE RISK. THE SITE, ANY MERCHANDISE OR SERVICE AND ALL PRODUCTS AND SERVICES PROVIDED DELIVERED TO YOU THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
4.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN "'AS IS" BASIS ' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER , DURABILITY, TITLE, AND NON-INFRINGEMENT. IN NO CIRCUMSTANCESCASE SHALL CLOUD9, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Q Q GREEN (ANY ERRORS OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OMISSIONS IN ANY CONTENT, INFORMATIONOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, MATERIAL, POSTINGSTRANSMITTED, OR POSTING RESPONSES ON OTHERWISE MADE AVAILABLE VIA THE SITE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS LIMITATION OF WHETHER LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Q Q GREEN (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOUMAXIMUM EXTENT PERMITTED BY LAW.
Appears in 1 contract
Samples: Terms of Service and User Agreement
Disclaimer of Warranties; Limitation of Liability. 4.1 A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE INTERNET BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND THE INTERNET BANKING SERVICES IS AT YOUR SOLE RISK. NEITHER Q Q Green, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE AND THE INTERNET BANKING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SITE AND THE INTERNET BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND THE INTERNET BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM USAGE IN TRADE AND NONINFRINGEMENT.
B. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SERVICE PROVIDERS MAKE NO WARRANTY THAT:
i. THE SITE OR THE INTERNET BANKING SERVICES WILL MEET YOUR REQUIREMENTS;
ii. THE INTERNET BANKING SERVICES WILL BE UNINTERUPTED UNINTERRUPTED, AVAILABLE 24 HOURS A DAY, SEVEN DAYS A WEEK, TIMELY, SECURE OR ERROR ERROR-FREE;
iii. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TH E INTERNET BANKING SERVICES WILL BE ACCURATE OR RELIABLE;
iv. THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS QUALITY OF ANY CONTENTPRODUCTS, SERVICES, INFORMATION, MATERIAL, POSTINGS, ADVICE OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITEINTERNET BANKING SERVICES WILL MEET YOUR EXPECTATIONS; OR
v. ANY ERRORS, OMISSIONS OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON DEFECTS IN THE SITETECHNOLOGY WILL BE CORRECTED.
4.2 THE SITE AND ALL CONTENTC. ANY PRODUCTS, MATERIALSERVICES, INFORMATION, POSTINGS, INFORMATION OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OTHER MATERIAL DOWNLOADED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Q Q GREEN (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT OTHERWISE OBTAINED FROM THE BANK OR OUR SERVICE PROVIDERS THROUGH THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON OF THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. INTERNET BANKING SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Q Q GREEN (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE ARE SOLELY RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE DAMAGE TO YOUR COMPUTER SYSTEM OR ILLEGAL CONDUCT LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY USERSUCH MATERIAL.
D. The foregoing does not limit rights that may not be waived or modified under laws applicable to you or your transactions, INCLUDING YOUand some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.
Appears in 1 contract
Samples: Internet Banking Services Agreement
Disclaimer of Warranties; Limitation of Liability. 4.1 1. NO WARRANTIES: XXXXX-XXXXXXX.XX.XX DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY YOU EXPRESSLY AGREE IN USING THE system, THAT USE THE system WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE IS AT YOUR SOLE RISK. NEITHER Q Q Green, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE system WILL BE UNINTERUPTED UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE THE system IS LICENSED “AS IS” AND THE MAINTENANCE SERVICES PROVIDED HEREUNDER SHALL BE PERFORMED IN A WORKMANLIKE MANNER. XXXXX-XXXXXXX.XX.XX EXPRESSLY DISCLAIMS ANY WARRANTY AS AND ALL OTHER WARRANTIES WITH RESPECT TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
4.2 THE SITE system AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KINDSERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER 2. LIMITATION OF LIABILITY. IN NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Q Q GREEN (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), EVENT WILL XXXXX-XXXXXXX.XX.XX BE LIABLE FOR ANY DIRECTLOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR OTHER INDIRECT, INCIDENTALSPECIAL, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ARISING OUT OF THE USE OF, DELIVERY OF MAINTENANCE SERVICES OR AND DELAY IN DELIVERY OF THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELFMAINTENANCE SERVICES. THESE LIMITATIONS APPLY REGARDLESS OF XXXXXXXXXXXX.XX.XX’S MAXIMUM AGGREGATE LIABILITY (WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, IN CONTRACT OR IN FACT KNEW TORT OR UNDER ANY OTHER FORM OF LIABILITY) FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, SHALL IN NO EVENT EXCEED THE POSSIBILITY OF SUCH DAMAGES. AMOUNT ACTUALLY PAID BY YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Q Q GREEN (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOUTHE RELEVANT SERVICES GIVING RISE TO THE LIABILITY.
Appears in 1 contract
Disclaimer of Warranties; Limitation of Liability. 4.1 YOU EXPRESSLY AGREE THAT USE OF AS USED HEREIN THE SITE IS AT YOUR SOLE RISK. NEITHER Q Q GreenPHRASE “ZELUS PARTIES” MEANS ZELUS AND ITS AFFILIATE ENTITIES, NOR ANY OF ITS AND THEIR RESPECTIVE VENDORS, LICENSORS (INCLUDING XXXXXX “RISKIE” XXXXX), OFFICERS, DIRECTORS, MEMBERS, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERUPTED OR ERROR FREEAND OTHER REPRESENTATIVES. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
4.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE NFTs ARE PROVIDED ON AN "“AS IS" BASIS ” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KINDKIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EITHER THE ZELUS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER . TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO CIRCUMSTANCESEVENT SHALL THE ZELUS PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, INCLUDINGPROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING BUT NOT LIMITED TOTO THE NFT, THE SALE PROCESS, ANY TECHNOLOGY, AND/OR PARTIES RELATED TO THE SALE PROCESS, INCLUDING BUT NOT LIMITED TO THE ETHEREUM BLOCKCHAIN, ANY CRYPTO WALLET, AND/OR OZONE NETWORKS, INC D/B/A OPENSEA, OR ANY OTHER PLATFORM ON WHICH THE NFT IS SOLD, STORED, DISPLAYED, OR MAINTAINED. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, SHALL Q Q GREEN (OR FALL UNDER ANY OTHER CAUSE OF ITS PARENTSACTION, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGE, AND IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ZELUS PARTIES’ TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED TEN PERCENT (10%) OF THE TOTAL SUM PAID DIRECTLY BY YOU TO ZELUS FOR THE NFT. YOU SPECIFICALLY ACKNOWLEDGE ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT Q Q GREEN WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. PLEASE BE AWARE THAT THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT RESIDENTS OF ANY USEROTHER STATES, INCLUDING YOUTERRITORIES, AND/OR JURISDICTION).
Appears in 1 contract
Samples: NFT License
Disclaimer of Warranties; Limitation of Liability. 4.1 YOU EXPRESSLY AGREE THAT USE OF 11.1. THE SITE IS AT YOUR SOLE RISK. NEITHER Q Q Green, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY APPLICATION AND THE CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR AND SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
4.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN "TO YOU “AS IS" BASIS ” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTIES WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EITHER EXPRESS OR THE BANK, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOWITH RESPECT TO THE APPLICATION AND THE CONTENT AND SERVICES, WARRANTIES OF TITLE OR INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE BANK PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
4.3 UNDER 11.2. THE BANK ASSUMES NO CIRCUMSTANCESRESPONSIBILITY FOR THE TRANSACTIONS YOU PERFORM ON OR THROUGH THE APPLICATION. IN NO EVENT SHALL THE BANK BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY TRANSACTION YOU PERFORM ON OR THROUGH THE APPLICATION.
11.3. YOU UNDERSTAND THAT THE BANK CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE APPLICATION OR THE CONTENT AND SERVICES WILL BE ERROR FREE OR FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, INCLUDINGAND FOR MAINTAINING A MEANS FOR ANY RECONSTRUCTION OF ANY LOST DATA. THE BANK WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY BUGS, BUT NOT LIMITED TOCRASHES, NEGLIGENCEA DISTRIBUTED DENIAL-OF- SERVICE ATTACK, SHALL Q Q GREEN (VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR DAMAGE YOUR MOBILE DEVICE, APPLICATIONS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS OR USE OF THE APPLICATION OR THE CONTENT AND SERVICES.
11.4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE BANK OR ITS AFFILIATES, OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR LICENSORS, RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE SERVICES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OFCONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR THE INABILITY TO USEOTHER DAMAGES WHATSOEVER (INCLUDING, ANY CONTENTWITHOUT LIMITATION, INFORMATIONTHOSE RESULTING FROM LOST PROFITS, MATERIAL, POSTINGSLOST DATA, OR POSTING RESPONSES BUSINESS INTERRUPTION), WHETHER BASED ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISEDWARRANTY, HAD OTHER REASON TO KNOWCONTRACT, TORT, OR IN FACT KNEW ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF FOR SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION AND THE CONTENT AND SERVICES IS TO STOP USING THEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF THE BANK TO YOU SPECIFICALLY ACKNOWLEDGE WITH RESPECT TO YOUR USE OF THE APPLICATION OR THE CONTENT AND AGREE THAT Q Q GREEN SERVICES IS FIVE HUNDRED DOLLARS (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS$500), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
Appears in 1 contract