Disclaimer of Warranty and Limitation of Liability. Use of this Site is entirely 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 at your own risk. Advertising on this Site Nutri Ventures USA, 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 sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, Nutri Ventures USA, Inc. shall not be responsible or liable for the statements or conduct of any third party on this Site. User's Obligations You agree not to do the following:
Appears in 2 contracts
Samples: nutri-ventures.com, www.nutri-ventures.com
Disclaimer of Warranty and Limitation of Liability. Use of this Site The Licensed EMIP is entirely at your own risk provided to, and is subject to all applicable stateaccepted by, national and international laws and regulations. ALL MATERIALS ON THIS SITE ARE PROVIDED "Licensee ‘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’ without warranty of any kind. Please note that some jurisdictions may not allow the exclusion of implied Philips expressly disclaims any and all warranties, so some 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 above exclusions may not apply EMIP, or that the EMIP is error free. Except as otherwise prohibited by law, Licensee agrees to you. NEITHER NUTRI VENTURES USAindemnify and hold Philips, INC. NOR 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 SHALL BE LIABLE FOR ANY DIRECTINDIRECT, INCIDENTAL, CONSEQUENTIALPUNITIVE, INDIRECTSPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR PUNITIVE DAMAGESDAMAGE TO REPUTATION) IRRESPECTIVE OF WHETHER SUCH DAMAGES RESULT FROM CLAIMS BASED ON TORT (INCLUDING NEGLIGENCE), WHETHER UNDER ANY WARRANTY, 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 ACCOUNTINDEMNITY, OR ANY LACK OF AVAILABILITY OR OPERATIONAL PROBLEM OFOTHER LEGAL THEORY, THE SITE; OR (D) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE EVEN IF PHILIPS HAS BEEN ADVISED OF THE SITEPOSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictionsPhilips’ total liability, our liability if any, is limited to an amount not to exceed 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 at your own risk. Advertising on this Site Nutri Ventures USA, 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 sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, Nutri Ventures USA, Inc. shall not be responsible or liable License Fee payable for the statements or conduct of any third party on this SiteLicensed EMIP that is the basis for the claim. User's Obligations You agree not to do the following: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. Use 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 by 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 agree that the COMPANY provides the Site “as is” and “as available”. To the full extent allowed by applicable law, the COMPANY’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of this Site is entirely at your own risk 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, the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and is subject to non-infringement, all applicable stateof which are expressly disclaimed. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, national and international laws and regulations. ALL MATERIALS IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND OTHER ENTITIES, ITS DIRECTORS, ADMINISTRATORS, OFFICERS, EMPLOYEES, SUPPLIERS AS WELL AS ANY OTHER PERSON ACTING ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY 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 KIND, EITHER EXPRESS OR IMPLIEDFOR LOSS OF REVENUE OR PROFITS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES LOSS OF MERCHANTABILITYBUSINESS OR GOODWILL, FITNESS FOR A PARTICULAR PURPOSE, TITLE LOSS 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, INDIRECTCORRUPTION OF, OR PUNITIVE DAMAGESUNAUTHORIZED ACCESS TO, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR DISCLOSURE OF INFORMATION OR DATA OR OTHER THEORY, FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TOWITH THE USE, PERFORMANCE, FAILURE, OR USE OFINTERRUPTION OF THE SITE’S SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF SUCH PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE PARTIES ARE FOUND LIABLE TO PAY YOU ANY DAMAGES OR OTHER REMEDIES, THE SITE; PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (B) ANY PRODUCTS, SERVICES, INFORMATION, ACTIVITIES, AND/$100 CA). IF YOU ARE UNHAPPY OR MATERIALS AVAILABLE ON OR THROUGH THE SITE; (C) ANY BREACHES OF SECURITY INVOLVING DISSATISFIED WITH THE SITE OR YOUR ACCOUNTITS CONTENT, OR ANY LACK OF AVAILABILITY OR OPERATIONAL PROBLEM OFIF YOU DO NOT ADHERE TO THESE TERMS AND CONDITIONS, 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 SOLE REMEDY IS TO DISCONTINUE USING THE SITE. Some jurisdictions do By using this Site, you agree to assume complete responsibility for all the risks associated with your use of the Site, including but not allow the exclusion or limitation of liability limited to, responsibility for consequential or incidental damages. In such jurisdictions, our liability is limited all charges related 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 maintenance or repairs of the information, and/or quality material that you employ as part of products or services provided by or advertised on these third-party web sites. Use your use of third-party sites is at your own risk. Advertising on this Site Nutri Ventures USA, 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 sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, Nutri Ventures USA, Inc. shall not be responsible or liable for the statements or conduct of any third party on this Site. User's Obligations You agree not to do the following:.
Appears in 2 contracts
Samples: Terms and Conditions of Use, Terms And
Disclaimer of Warranty and Limitation of Liability. Use The Company does not warrant the timeliness, accuracy, completeness, quality, adequacy, usefulness, reliability, or content of any information on this Site Website and expressly disclaims any liability whatsoever for errors or omissions. Such information is entirely at your own risk provided "as is" without representation, warranty, or condition of any kind, either express or implied, whether by statute or otherwise, including, without limitation, the implied conditions and is subject to all applicable statewarranties of merchantability and fitness for a particular purpose, 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 except in jurisdictions may which do not allow the exclusion of implied warranties. The Company, so some 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 consequential damages, or any other damages whatsoever, including, without limitation, lost revenues, lost profits or loss of prospective economic advantage, resulting from the use of, or misuse of, or 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 above exclusions may not apply to you. NEITHER NUTRI VENTURES USApossibility of such damages or such damages are reasonably foreseeable, 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 fullest extent permitted by law. Third Party Web Sites Nutri Ventures USA, Inc. may provide links, in its sole discretion, 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 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 resources or websites 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 used at your own risk. Advertising Links to other websites or references to products, services, or publications other than those of the Company on this Site Nutri Ventures USAWebsite do not imply the endorsement or approval of such websites, Inc.products, services, or publications by the Company. 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, please understand that it is independent from us, and that the Company has no control over the content on that website. Third party websites are not subject to the 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 its sole discretionfilings 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 post 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 advertisements expectations expressed in any of third parties our forward-looking statements. Readers should not place undue reliance on our forward-looking statements. We do not undertake to update any forward-looking statement that is contained in this Site. Your correspondence Website or any in 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 sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, Nutri Ventures USA, Inc. shall not be responsible or liable for the statements or conduct of any third party on this Site. User's Obligations You agree not to do the following:communications.
Appears in 2 contracts
Samples: Website Terms of Use, Website Terms of Use
Disclaimer of Warranty and Limitation of Liability. Use of The information, products and services on this Site is entirely at your own risk and is subject to all applicable state, national and international laws and regulations. ALL MATERIALS ON THIS SITE ARE PROVIDED Website are provided on an "AS IS," WITHOUT WARRANTY OF ANY KINDand "AS AVAILABLE" basis. The Bank does not warrant the information or services provided herein or your use of this Website, EITHER EXPRESS OR IMPLIEDexpressed 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 for any particular purpose and expressly disclaims any implied warranties, so some including but not limited to, warranties of the above exclusions may not apply to youtitle, non-infringement, merchantability or fitness for a particular purpose. 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 at your own risk. Advertising on this Site Nutri Ventures USA, 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 The Bank will not be responsible for any loss or damage that could result from interception by third parties of any sort incurred as a result 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, the Bank does not guarantee the accuracy, validity, timeliness or completeness of any such dealings information or as 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 result event of any failure or interruption of this Website, or resulting from the act or omission of any other party involved in making this Website, the data contained herein or the products or services offered on this Website available to you, or from any other cause relating to your access to, inability to access, or use of the presence 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 advertisers on this Site. Moreoverparties be liable to you, Nutri Ventures USAwhether in contract or tort, Inc. shall not be responsible for any direct, special, indirect, consequential or liable for the statements incidental damages or conduct any other damages of any third kind even if the Bank or any other such party has been advised of the possibility thereof. This limitation on this Siteliability 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 (e.g., you cannot access your Internet service provider), unauthorized access, theft, o r operator errors. User's Obligations You agree The Bank does not guarantee continuous, uninterrupted or secure access to do the following:Website.
Appears in 1 contract
Samples: Pyramax Bank Website Terms
Disclaimer of Warranty and Limitation of Liability. Use of this Site The Licensed EMIP is entirely at your own risk provided to, and is subject to all applicable stateaccepted by, national and international laws and regulations. ALL MATERIALS ON THIS SITE ARE PROVIDED "Licensee ‘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’ without warranty of any kind. Please note that some jurisdictions may not allow the exclusion of implied Philips expressly disclaims any and all warranties, so some 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 above exclusions may not apply EMIP, or that the EMIP is error free. Except as otherwise prohibited by law, Licensee agrees to youindemnify 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 Philips. NEITHER NUTRI VENTURES USAIN NO EVENT SHALL PHILIPS, INC. NOR OR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECTINDIRECT, INCIDENTAL, CONSEQUENTIALPUNITIVE, INDIRECTSPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR PUNITIVE DAMAGESDAMAGE TO REPUTATION) IRRESPECTIVE OF WHETHER SUCH DAMAGES RESULT FROM CLAIMS BASED ON TORT (INCLUDING NEGLIGENCE), WHETHER UNDER ANY WARRANTY, 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 ACCOUNTINDEMNITY, OR ANY LACK OF AVAILABILITY OR OPERATIONAL PROBLEM OFOTHER LEGAL THEORY, THE SITE; OR (D) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE EVEN IF PHILIPS HAS BEEN ADVISED OF THE SITEPOSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictionsPhilips’ total liability, our liability if any, is limited to an amount not to exceed 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 at your own risk. Advertising on this Site Nutri Ventures USA, 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 sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, Nutri Ventures USA, Inc. shall not be responsible or liable License Fee payable for the statements or conduct of any third party on this SiteLicensed EMIP that is the basis for the claim. User's Obligations You agree not to do the following:THIS LIMITATION SHALL NOT APPLY TO THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY XXXXXXX’ NEGLIGENCE.
Appears in 1 contract
Disclaimer of Warranty and Limitation of Liability. Use The Company does not warrant the timeliness, accuracy, completeness, quality, adequacy, usefulness, reliability or content of any information on this Site Website and expressly disclaims any liability whatsoever for errors or omissions. Such information is entirely at your own risk provided "as is" without representation, warranty or condition of any kind, either express or implied, whether by statute or otherwise, including, without limitation, the implied conditions and is subject to all applicable statewarranties of merchantability and fitness for a particular purpose, 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 except in jurisdictions may which do not allow the exclusion of implied warranties. The Company , so some 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 consequential damages, or any other damages whatsoever, including, without limitation, lost revenues, lost profits or loss of prospective economic advantage, resulting from the use of, or misuse of, or 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 above exclusions may not apply to you. NEITHER NUTRI VENTURES USApossibility of such damages or such damages are reasonably foreseeable, 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 fullest extent permitted by law. Third Party Web Sites Nutri Ventures USA, Inc. may provide links, in its sole discretion, 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 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 resources or websites 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 used at your own risk. Advertising Links to other websites or references to products, services or publications other than those of the Company on this Site Nutri Ventures USAWebsite do not imply the endorsement or approval of such websites, Inc.products, services or publications by the Company. 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, please understand that it is independent from us, and that the Company has no control over the content on that website. Third party websites are not subject to the 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 its sole discretionfilings 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 post 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 advertisements expectations expressed in any of third parties our forward-looking statements. Readers should not place undue reliance on our forward-looking statements. We do not undertake to update any forward-looking statement that is contained in this Site. Your correspondence Website or any in 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 sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, Nutri Ventures USA, Inc. shall not be responsible or liable for the statements or conduct of any third party on this Site. User's Obligations You agree not to do the following:communications.
Appears in 1 contract
Samples: Website Terms of Use
Disclaimer of Warranty and Limitation of Liability. Use of this Site is entirely at your own risk Other than as explicitly provided hereunder the Services and/or the Solution and is subject to all applicable state, national and international laws and regulations. ALL MATERIALS ON THIS SITE ARE PROVIDED "any output thereof (including any output thereof) are provided hereunder for the Purpose only “AS IS" WITHOUT WARRANTY OF ANY KIND”, EITHER EXPRESS OR IMPLIEDwithout any warranties whatsoever concerning the use, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITYperformance, FITNESS FOR A PARTICULAR PURPOSEfitness for purpose, TITLE OR NONmerchantability, or non-INFRINGEMENTinfringement. Please note that some jurisdictions may not allow Company expressly disclaims, and the exclusion Customer hereby expressly waives all other warranties of implied warrantiesany kind whatsoever, so some express, implied, and statutory. Unless explicitly provided hereunder Company assumes no liability for the use of the above exclusions may Services 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 apply limited to youloss 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 other indirect loss or damage) of any nature from any cause, whether or not the possibility of such damages has been disclosed to such party in advance or could have been reasonably foreseen by such party or such part was aware of the possibility of such damages. NEITHER NUTRI VENTURES USAIN NO EVENT WILL COMPANY’S, INC. NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECTAFFILIATES, OR PUNITIVE THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDER, AND EMPLOYEES’ AGGREGATE LIABILITY TO CUSTOMER, EXCEED THE AMOUNTS OF 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 DAMAGES, WHETHER UNDER ANY BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TOTORT, OR USE OFOTHERWISE. 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 SITE; (B) FAILURE OF ESSENTIAL PURPOSE OF ANY PRODUCTSLIMITED REMEDY, SERVICES, INFORMATION, ACTIVITIES, AND EVEN IF SENTRA 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 SENTRA AFFILIATES HAS BEEN ADVISED 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 POSSIBILITY OF ANY KIND IN CONNECTION WITH ANY THIRD-PARTY SITE SUCH LIABILITIES AND/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 at your own risk. Advertising on this Site Nutri Ventures USA, 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 sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, Nutri Ventures USA, Inc. shall not be responsible or liable for the statements or conduct of any third party on this Site. User's Obligations You agree not to do the following:DAMAGES.
Appears in 1 contract
Samples: Terms and Conditions