Disclaimer of Warranty and Limitation of Liability. The Licensed EMIP is provided to, and is accepted by, Licensee ‘AS IS’ without warranty of any kind. Philips expressly disclaims any and all warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that all problems in the Designated Equipment(s) will be diagnosed or corrected with the use of the EMIP, or that the EMIP is error free. Except as otherwise prohibited by law, Licensee agrees to indemnify and hold Philips, harmless from any claims, losses, liabilities, damages, costs, penalties, fines and expenses, including, without limitation, reasonable attorneys’ fees, brought against, or suffered by, Philips arising directly or indirectly as a result of the use of the Licensed EMIP, or properly maintain the Designated Equipment, by Licensee, except to the extent damage arise from the negligent act or omission of Xxxxxxx.XX NO EVENT SHALL PHILIPS, OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR DAMAGE TO REPUTATION) IRRESPECTIVE OF WHETHER SUCH DAMAGES RESULT FROM CLAIMS BASED ON TORT (INCLUDING NEGLIGENCE), WARRANTY, CONTRACT, INDEMNITY, OR ANY OTHER LEGAL THEORY, EVEN IF PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Philips’ total liability, if any, is limited to an amount not to exceed the License Fee payable for the Licensed EMIP that is the basis for the claim. THIS LIMITATION SHALL NOT APPLY TO THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY PHILIPS’ NEGLIGENCE.
Appears in 2 contracts
Samples: Service Terms and Conditions, Service Terms and Conditions
Disclaimer of Warranty and Limitation of Liability. The Licensed EMIP Use of this Site is provided toentirely at your own risk and is subject to all applicable state, national and international laws and regulations. ALL MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. NEITHER NUTRI VENTURES USA, INC. NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF, THE SITE; (B) ANY PRODUCTS, SERVICES, INFORMATION, ACTIVITIES, AND/OR MATERIALS AVAILABLE ON OR THROUGH THE SITE; (C) ANY BREACHES OF SECURITY INVOLVING THE SITE OR YOUR ACCOUNT, OR ANY LACK OF AVAILABILITY OR OPERATIONAL PROBLEM OF, THE SITE; OR (D) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law. Third Party Web Sites Nutri Ventures USA, Inc. may provide links, in its sole discretion, to other sites on the Internet for your convenience in locating related information and services. These sites have not necessarily been reviewed by Nutri Ventures USA, Inc. and are maintained by third parties over which Nutri Ventures USA, Inc. exercises no control. NUTRI VENTURES USA, INC. MAKES NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD-PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE. Nutri Ventures USA, Inc. does not endorse, and shall not be liable in connection with, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Use of third-party sites is accepted byat your own risk. Advertising on this Site Nutri Ventures USA, Licensee ‘AS IS’ without warranty Inc., in its sole discretion, may post the advertisements of third parties on this Site. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser. You agree that Nutri Ventures shall not be responsible for any loss or damage of any kind. Philips expressly disclaims any and all warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that all problems in the Designated Equipment(s) will be diagnosed or corrected with the use of the EMIP, or that the EMIP is error free. Except as otherwise prohibited by law, Licensee agrees to indemnify and hold Philips, harmless from any claims, losses, liabilities, damages, costs, penalties, fines and expenses, including, without limitation, reasonable attorneys’ fees, brought against, or suffered by, Philips arising directly or indirectly sort incurred as a result of any such dealings or as the use result of the Licensed EMIPpresence of such advertisers on this Site. Moreover, Nutri Ventures USA, Inc. shall not be responsible or properly maintain liable for the Designated Equipment, by Licensee, except to the extent damage arise from the negligent act statements or omission conduct of Xxxxxxx.XX NO EVENT SHALL PHILIPS, OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR DAMAGE TO REPUTATION) IRRESPECTIVE OF WHETHER SUCH DAMAGES RESULT FROM CLAIMS BASED ON TORT (INCLUDING NEGLIGENCE), WARRANTY, CONTRACT, INDEMNITY, OR ANY OTHER LEGAL THEORY, EVEN IF PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESany third party on this Site. Philips’ total liability, if any, is limited to an amount User's Obligations You agree not to exceed do the License Fee payable for the Licensed EMIP that is the basis for the claim. THIS LIMITATION SHALL NOT APPLY TO THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY PHILIPS’ NEGLIGENCE.following:
Appears in 2 contracts
Samples: www.nutri-ventures.com, nutri-ventures.com
Disclaimer of Warranty and Limitation of Liability. The Licensed EMIP is To the full extent allowed by applicable law, the COMPANY makes no warranty or representation regarding the Site, including that the Site will meet your requirements or will work in combination with any hardware or software provided toby third parties, that the service will be uninterrupted, problem, virus or error free, or that all errors in the service will be corrected. You acknowledge and is accepted byagree that the COMPANY provides the Site “as is” and “as available”. To the full extent allowed by applicable law, Licensee ‘AS IS’ without warranty the COMPANY’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of any kind. Philips expressly disclaims any and all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to, any the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, or that all problems in the Designated Equipment(s) will be diagnosed or corrected with the use of the EMIPwhich are expressly disclaimed. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, or that the EMIP is error free. Except as otherwise prohibited by law, Licensee agrees to indemnify and hold Philips, harmless from any claims, losses, liabilities, damages, costs, penalties, fines and expenses, including, without limitation, reasonable attorneys’ fees, brought against, or suffered by, Philips arising directly or indirectly as a result of the use of the Licensed EMIP, or properly maintain the Designated Equipment, by Licensee, except to the extent damage arise from the negligent act or omission of Xxxxxxx.XX IN NO EVENT SHALL PHILIPSTHE COMPANY, ITS AFFILIATES, AND OTHER ENTITIES, ITS DIRECTORS, ADMINISTRATORS, OFFICERS, EMPLOYEES, SUPPLIERS AS WELL AS ANY OTHER PERSON ACTING ON BEHALF OF THE COMPANY OR THIRD PARTIES WITH WHOM THE COMPANY ASSOCIATES ITSELF FROM TIME TO TIME (COLLECTIVELY “THE PARTIES”), BE LIABLE IN ANY WAY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY OF ITS AFFILIATES BE LIABLE KIND, OR FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS LOSS OF REVENUEREVENUE OR PROFITS, LOSS OF BUSINESS OPPORTUNITYOR GOODWILL, BUSINESS INTERRUPTION LOSS OR DAMAGE TO REPUTATION) IRRESPECTIVE OF WHETHER SUCH DAMAGES RESULT FROM CLAIMS BASED ON TORT (INCLUDING NEGLIGENCE), WARRANTY, CONTRACT, INDEMNITYCORRUPTION OF, OR ANY UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER LEGAL THEORYFINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE’S SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF PHILIPS HAS SUCH PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PhilipsIN THE EVENT THAT THE PARTIES ARE FOUND LIABLE TO PAY YOU ANY DAMAGES OR OTHER REMEDIES, THE PARTIES’ total liability, if any, is limited to an amount not to exceed the License Fee payable for the Licensed EMIP that is the basis for the claim. TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS LIMITATION AGREEMENT SHALL NOT APPLY EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CA). IF YOU ARE UNHAPPY OR DISSATISFIED WITH THE SITE OR ITS CONTENT, OR IF YOU DO NOT ADHERE TO THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY PHILIPS’ NEGLIGENCETHESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. By using this Site, you agree to assume complete responsibility for all the risks associated with your use of the Site, including but not limited to, responsibility for all charges related to the maintenance or repairs of the material that you employ as part of your use of this Site.
Appears in 2 contracts
Samples: Terms and Conditions of Use, Terms And
Disclaimer of Warranty and Limitation of Liability. The Licensed EMIP Company does not warrant the timeliness, accuracy, completeness, quality, adequacy, usefulness, reliability, or content of any information on this Website and expressly disclaims any liability whatsoever for errors or omissions. Such information is provided to"as is" without representation, and is accepted bywarranty, Licensee ‘AS IS’ without warranty or condition of any kind. Philips expressly disclaims any and all warranties, either express or implied, whether by statute or otherwise, including, but not limited towithout limitation, any the implied conditions and warranties of merchantability, merchantability and fitness for a particular purpose, non-infringementexcept in jurisdictions which do not allow the exclusion of implied warranties. The Company, its affiliates, its suppliers and their respective directors, officers, employees and representatives shall not, under any circumstances, be responsible or liable for any direct, indirect, special, exemplary, punitive, incidental, or that all problems in the Designated Equipment(s) will be diagnosed or corrected with the use of the EMIPconsequential damages, or that the EMIP is error free. Except as otherwise prohibited by law, Licensee agrees to indemnify and hold Philips, harmless from any claims, losses, liabilities, damages, costs, penalties, fines and expensesother damages whatsoever, including, without limitation, reasonable attorneys’ feeslost revenues, brought againstlost profits or loss of prospective economic advantage, resulting from the use of, or suffered bymisuse of, Philips arising directly or indirectly as a result inability to access or use this Website, or the information, documents, software or content thereof, or an error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, even if advised of the use possibility of such damages or such damages are reasonably foreseeable, to the fullest extent permitted by law. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THIS WEBSITE IS TO DISCONTINUE ALL USE OF THE WEBSITE. Hyperlinks Are Not Endorsements. Links to other Internet resources or websites are used at your own risk. Links to other websites or references to products, services, or publications other than those of the Licensed EMIPCompany on this Website do not imply the endorsement or approval of such websites, products, services, or properly maintain publications by the Designated EquipmentCompany. The Company makes no representations whatsoever about any other website which you may access through this one and accepts no responsibility whatsoever for such websites or their content. When you access a third-party website, by Licenseeplease understand that it is independent from us, except and that the Company has no control over the content on that website. Third party websites are not subject to the extent damage arise Company's privacy policies or security standards. Material to be Consulted in its Entirety. All materials at this Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure, or hedge clauses apply to any partial document or material in the same manner as they do the whole and will be deemed incorporated in the portion of any material or document that you consult or download. Forward-Looking Statements: From time to time, we make written or oral forward-looking statements within the meaning of certain securities laws, including in this Website, in filings with Canadian securities regulators or the Toronto Stock Exchange and in other communications. These statements include, but are not limited to, statements we make about our operations, business lines, financial condition, risk management, priorities, targets, ongoing objectives, strategies, and outlook. Forward-looking statements are typically identified by the words 'believe,’, 'expect,’, 'anticipate,’, 'intend,’, 'estimate' and other similar expressions or future or conditional verbs such as 'will,’, 'should,’, 'would' and 'could.’ By their nature, these statements require us to make assumptions and are subject to inherent risks and uncertainties that may be general or specific. A variety of factors, many of which are beyond our control affect our operations, performance, and results and those of our business lines, and could cause actual results to differ materially from the negligent act or omission expectations expressed in any of Xxxxxxx.XX NO EVENT SHALL PHILIPS, OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR DAMAGE TO REPUTATION) IRRESPECTIVE OF WHETHER SUCH DAMAGES RESULT FROM CLAIMS BASED ON TORT (INCLUDING NEGLIGENCE), WARRANTY, CONTRACT, INDEMNITY, OR ANY OTHER LEGAL THEORY, EVEN IF PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESour forward-looking statements. Philips’ total liability, if any, is limited Readers should not place undue reliance on our forward-looking statements. We do not undertake to an amount not to exceed the License Fee payable for the Licensed EMIP update any forward-looking statement that is the basis for the claim. THIS LIMITATION SHALL NOT APPLY TO THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY PHILIPS’ NEGLIGENCEcontained in this Website or in other communications.
Appears in 2 contracts
Samples: Website Terms of Use, Website Terms of Use
Disclaimer of Warranty and Limitation of Liability. The Licensed EMIP is Other than as explicitly provided to, hereunder the Services and/or the Solution and is accepted by, Licensee ‘any output thereof (including any output thereof) are provided hereunder for the Purpose only “AS IS’ ”, without warranty of any kind. Philips expressly disclaims any and all warrantieswarranties whatsoever concerning the use, express or implied, including, but not limited to, any implied warranties of merchantabilityperformance, fitness for a particular purpose, merchantability, or non-infringement. Company expressly disclaims, or that and the Customer hereby expressly waives all problems in the Designated Equipment(s) will be diagnosed or corrected with other warranties of any kind whatsoever, express, implied, and statutory. Unless explicitly provided hereunder Company assumes no liability for the use of the EMIPServices and/or the Solution and any output provided hereunder. Except with respect to Company’s willful misconduct or fraudulent acts, in no event shall Company be liable to the Customer for any direct, indirect, special, exemplary, incidental, punitive or consequential loss or damage (including but not limited to loss of anticipated profits, loss by reason of shutdown in operation, loss by reason of increased cost of operation, cost of cover, lost opportunity costs, or that the EMIP is error free. Except as otherwise prohibited by law, Licensee agrees to indemnify and hold Philips, harmless other indirect loss or damage) of any nature from any claimscause, losses, liabilities, damages, costs, penalties, fines and expenses, including, without limitation, reasonable attorneys’ fees, brought against, whether or suffered by, Philips arising directly not the possibility of such damages has been disclosed to such party in advance or indirectly as a result could have been reasonably foreseen by such party or such part was aware of the use possibility of the Licensed EMIP, or properly maintain the Designated Equipment, by Licensee, except to the extent damage arise from the negligent act or omission of Xxxxxxx.XX such damages. IN NO EVENT SHALL PHILIPSWILL COMPANY’S, NOR ITS AFFILIATES, OR ANY THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDER, AND EMPLOYEES’ AGGREGATE LIABILITY TO CUSTOMER, EXCEED THE AMOUNTS OF ITS AFFILIATES BE LIABLE THE FEE PAID BY CUSTOMER TO COMPANY IN RESPECT OF THE SERVICES DURING A PERIOD OF TWELVE (12) MONTHS PRECEDIGN SUCH CLAIM. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 14 SHALL APPLY TO ALL CLAIMS FOR ANY INDIRECTDAMAGES, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS LOSS WHETHER BASED IN AN ACTION OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR DAMAGE TO REPUTATION) IRRESPECTIVE OF WHETHER SUCH DAMAGES RESULT FROM CLAIMS BASED ON TORT (INCLUDING NEGLIGENCE)CONTRACT, WARRANTY, CONTRACTSTRICT LIABILITY, INDEMNITYNEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR SENTRA’S PROVISION OF THE SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY OTHER LEGAL THEORYLIMITED REMEDY, AND EVEN IF PHILIPS SENTRA AND/OR ANY SENTRA AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. Philips’ total liability, if any, is limited to an amount not to exceed the License Fee payable for the Licensed EMIP that is the basis for the claim. THIS LIMITATION SHALL NOT APPLY TO THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY PHILIPS’ NEGLIGENCE.
Appears in 1 contract
Samples: Terms and Conditions
Disclaimer of Warranty and Limitation of Liability. The Licensed EMIP is provided to, and is accepted by, Licensee ‘AS IS’ without warranty of any kind. Philips expressly disclaims any and all warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that all problems in the Designated Equipment(s) will be diagnosed or corrected with the use of the EMIP, or that the EMIP is error free. Except as otherwise prohibited by law, Licensee agrees to indemnify and hold Philips, harmless from any claims, losses, liabilities, damages, costs, penalties, fines and expenses, including, without limitation, reasonable attorneys’ fees, brought against, or suffered by, Philips arising directly or indirectly as a result of the use of the Licensed EMIP, or properly maintain the Designated Equipment, by Licensee, except to the extent damage arise from the negligent act or omission of Xxxxxxx.XX Philips. IN NO EVENT SHALL PHILIPS, OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR DAMAGE TO REPUTATION) IRRESPECTIVE OF WHETHER SUCH DAMAGES RESULT FROM CLAIMS BASED ON TORT (INCLUDING NEGLIGENCE), WARRANTY, CONTRACT, INDEMNITY, OR ANY OTHER LEGAL THEORY, EVEN IF PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Philips’ total liability, if any, is limited to an amount not to exceed the License Fee payable for the Licensed EMIP that is the basis for the claim. THIS LIMITATION SHALL NOT APPLY TO THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY PHILIPSXXXXXXX’ NEGLIGENCE.
Appears in 1 contract
Disclaimer of Warranty and Limitation of Liability. The Licensed EMIP is provided to, and is accepted by, Licensee ‘AS IS’ without warranty of any kind. Philips expressly disclaims any and all warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that all problems in the Designated Equipment(s) will be diagnosed or corrected with the use of the EMIP, or that the EMIP is error free. Except as otherwise prohibited by law, Licensee agrees to indemnify and hold Philips, harmless from any claims, losses, liabilities, damages, costs, penalties, fines and expenses, including, without limitation, reasonable attorneys’ fees, brought against, or suffered by, Philips arising directly or indirectly as a result of the use of the Licensed EMIP, or properly maintain the Designated Equipment, by Licensee, except to the extent damage arise from the negligent act or omission of Xxxxxxx.XX Philips. IN NO EVENT SHALL PHILIPS, OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR DAMAGE TO REPUTATION) IRRESPECTIVE OF WHETHER SUCH DAMAGES RESULT FROM CLAIMS BASED ON TORT (INCLUDING NEGLIGENCE), WARRANTY, CONTRACT, INDEMNITY, OR ANY OTHER LEGAL THEORY, EVEN IF PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Philips’ total liability, if any, is limited to an amount not to exceed the License Fee payable for the Licensed EMIP that is the basis for the claim. THIS LIMITATION SHALL NOT APPLY TO THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY PHILIPS’ NEGLIGENCE.
Appears in 1 contract
Samples: General Customer Service Terms And
Disclaimer of Warranty and Limitation of Liability. The Licensed EMIP is information, products and services on this Website are provided to, and is accepted by, Licensee ‘on an "AS IS’ without warranty ," and "AS AVAILABLE" basis. The Bank does not warrant the information or services provided herein or your use of this Website, expressed or implied, for any kind. Philips particular purpose and expressly disclaims any and all implied warranties, express or implied, including, including but not limited to, any implied warranties of merchantabilitytitle, non-infringement, merchantability or fitness for a particular purpose. The Bank will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Website. Although the information provided to you on this Website is obtained or compiled from sources we believe to be reliable, non-infringementthe Bank does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. T he Bank will not be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Website, or that all problems in the Designated Equipment(s) will be diagnosed or corrected with the use of the EMIP, or that the EMIP is error free. Except as otherwise prohibited by law, Licensee agrees to indemnify and hold Philips, harmless from any claims, losses, liabilities, damages, costs, penalties, fines and expenses, including, without limitation, reasonable attorneys’ fees, brought against, or suffered by, Philips arising directly or indirectly as a result of the use of the Licensed EMIP, or properly maintain the Designated Equipment, by Licensee, except to the extent damage arise resulting from the negligent act or omission of Xxxxxxx.XX NO EVENT SHALL PHILIPSany other party involved in making this Website, OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECTthe data contained herein or the products or services offered on this Website available to you, INCIDENTALor from any other cause relating to your access to, PUNITIVEinability to access, SPECIAL OR CONSEQUENTIAL DAMAGES or use of the Website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of the Bank. In no event will the Bank or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if the Bank or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (INCLUDING LOST PROFITS LOSS OF REVENUEe.g., LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR DAMAGE TO REPUTATION) IRRESPECTIVE OF WHETHER SUCH DAMAGES RESULT FROM CLAIMS BASED ON TORT (INCLUDING NEGLIGENCEyou cannot access your Internet service provider), WARRANTYunauthorized access, CONTRACTtheft, INDEMNITYo r operator errors. The Bank does not guarantee continuous, OR ANY OTHER LEGAL THEORY, EVEN IF PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Philips’ total liability, if any, is limited uninterrupted or secure access to an amount not to exceed the License Fee payable for the Licensed EMIP that is the basis for the claim. THIS LIMITATION SHALL NOT APPLY TO THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY PHILIPS’ NEGLIGENCEWebsite.
Appears in 1 contract
Samples: Pyramax Bank Website Terms
Disclaimer of Warranty and Limitation of Liability. The Licensed EMIP Company does not warrant the timeliness, accuracy, completeness, quality, adequacy, usefulness, reliability or content of any information on this Website and expressly disclaims any liability whatsoever for errors or omissions. Such information is provided to"as is" without representation, and is accepted by, Licensee ‘AS IS’ without warranty or condition of any kind. Philips expressly disclaims any and all warranties, either express or implied, whether by statute or otherwise, including, but not limited towithout limitation, any the implied conditions and warranties of merchantability, merchantability and fitness for a particular purpose, non-infringementexcept in jurisdictions which do not allow the exclusion of implied warranties. The Company , its affiliates, its suppliers and their respective directors, officers, employees and representatives shall not, under any circumstances, be responsible or liable for any direct, indirect, special, exemplary, punitive, incidental, or that all problems in the Designated Equipment(s) will be diagnosed or corrected with the use of the EMIPconsequential damages, or that the EMIP is error free. Except as otherwise prohibited by law, Licensee agrees to indemnify and hold Philips, harmless from any claims, losses, liabilities, damages, costs, penalties, fines and expensesother damages whatsoever, including, without limitation, reasonable attorneys’ feeslost revenues, brought againstlost profits or loss of prospective economic advantage, resulting from the use of, or suffered bymisuse of, Philips arising directly or indirectly as a result inability to access or use this Website, or the information, documents, software or content thereof, or an error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, even if advised of the use possibility of such damages or such damages are reasonably foreseeable, to the fullest extent permitted by law. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THIS WEBSITE IS TO DISCONTINUE ALL USE OF THE WEBSITE. Hyperlinks Are Not Endorsements. Links to other Internet resources or websites are used at your own risk. Links to other websites or references to products, services or publications other than those of the Licensed EMIPCompany on this Website do not imply the endorsement or approval of such websites, products, services or properly maintain publications by the Designated EquipmentCompany. The Company makes no representations whatsoever about any other website which you may access through this one and accepts no responsibility whatsoever for such websites or their content. When you access a third party website, by Licenseeplease understand that it is independent from us, except and that the Company has no control over the content on that website. Third party websites are not subject to the extent damage arise Company's privacy policies or security standards. Material to be Consulted in its Entirety. All materials at this Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download. Forward-Looking Statements. From time to time, we make written or oral forward-looking statements within the meaning of certain securities laws, including in this Website, in filings with Canadian securities regulators or the Toronto Stock Exchange and in other communications. These statements include, but are not limited to, statements we make about our operations, business lines, financial condition, risk management, priorities, targets, ongoing objectives, strategies and outlook. Forward-looking statements are typically identified by the words 'believe,’, 'expect,’, 'anticipate,’, 'intend,’, 'estimate' and other similar expressions or future or conditional verbs such as 'will,’, 'should,’, 'would' and 'could.’ By their nature, these statements require us to make assumptions and are subject to inherent risks and uncertainties that may be general or specific. A variety of factors, many of which are beyond our control affect our operations, performance and results and those of our business lines, and could cause actual results to differ materially from the negligent act or omission expectations expressed in any of Xxxxxxx.XX NO EVENT SHALL PHILIPS, OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR DAMAGE TO REPUTATION) IRRESPECTIVE OF WHETHER SUCH DAMAGES RESULT FROM CLAIMS BASED ON TORT (INCLUDING NEGLIGENCE), WARRANTY, CONTRACT, INDEMNITY, OR ANY OTHER LEGAL THEORY, EVEN IF PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESour forward-looking statements. Philips’ total liability, if any, is limited Readers should not place undue reliance on our forward-looking statements. We do not undertake to an amount not to exceed the License Fee payable for the Licensed EMIP update any forward-looking statement that is the basis for the claim. THIS LIMITATION SHALL NOT APPLY TO THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY PHILIPS’ NEGLIGENCEcontained in this Website or in other communications.
Appears in 1 contract
Samples: Website Terms of Use