Disclaimer of Warranty and Limitations of Liability Sample Clauses

Disclaimer of Warranty and Limitations of Liability. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the services of Online Banking provided to you under this Agreement. We do not and cannot warrant that Online Banking will operate without errors, or that any or all Online Banking services will be available and operational at all times or that you will always have access to Online Banking. We do not warrant that our services, the Internet or our suppliers will be available on a specified date or time or have the capacity to meet your demands during specific hours. You agree that the Bank, its officers, directors, employees, agents or affiliates are not liable for any direct, indirect, incidental, special or consequential damages under or by reason of any services or products provided hereunder, your use of or access to Online banking, or the inability to use the services or products provided hereunder, including, but not limited to, loss of profits, revenue or data by you or any third party, whether in an action in contract or tort or based on a warranty. Neither the Bank nor its suppliers will be liable for unauthorized access to the Bank’s transmissions facilities, premises, equipment or for unauthorized access to or alteration, theft or destruction of your data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of the Bank or its suppliers’ negligence. The Bank attempts to properly transmit email or other electronic communications. However, by using Online Banking, you agree that you will not assert any claim against the Bank arising from the inadvertent or negligent misdirection of email or other electronic communications to a third party, even if such email results in the disclosure to a third party of confidential or personal information about you. The above disclaimer of warranty and limitation of liability does not reflect your rights under Regulation E. Please consult your electronic funds transfer disclosure for information regarding your notification requirements and potential liabilities concerning unauthorized transfers through Online Banking.
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Disclaimer of Warranty and Limitations of Liability. 12.1 EXCEPT FOR ANY DUTY TO INDEMNIFY SPECIFICALLY SET FORTH HEREIN, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF CUSTOMER’S CLIENTS OR GOODWILL, ARISING IN ANY MANNER FROM THIS AGREEMENT AND/OR THE PERFORMANCE OR NONPERFORMANCE HEREUNDER. WIN SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR THE CONTENT OF ANY COMMUNICATIONS TRANSMITTED VIA THE SERVICE BY CUSTOMER OR ANY OTHER PARTY.
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Disclaimer of Warranty and Limitations of Liability. THE MATERIALS PROVIDED TO RESELLERS HEREUNDER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ANY AND ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DIS- CLAIMED. XXXXXX MICRO SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE, ARISING OUT OF RESELLER’S PARTICIPATION IN THE VENTURETECH NETWORK™ PROGRAM OR RESELLER’S USE OF OR INABILITY TO USE THE PROGRAM MATERIALS EVEN IF XXXXXX MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Disclaimer of Warranty and Limitations of Liability. 4.1 Disclaimer of Warranty Subscriber expressly acknowledges and agrees that the MEGAHUB Services is provided to it on an "as is" basis and that its use of its Content is at its sole risk. MEGAHUB, the Representative or the Sources make no warranty of any kind whatsoever (save for those expressly stated in this agreement) relating to the MEGAHUB Services including any Content furnished through the MEGAHUB Services, express or implied, including without limitation, non-infringement of third party rights or merchantability or fitness for any particular purpose of use. MEGAHUB and the Sources endeavour to ensure the accuracy and reliability of the Content provided but do not guarantee its accuracy or reliability and accept no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions.
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Disclaimer of Warranty and Limitations of Liability. 4.1 Disclaimer of Warranty User expressly acknowledges and agrees that the Service is provided to it on an "as is" basis and that its use of its Content is at its sole risk. Neither QPI nor the Sources nor the Agent make any warranty of any kind whatsoever (save for those expressly stated in this Agreement) relating to the Service including any Content furnished through the Service, express or implied, including without limitation, non-infringement of third party rights or merchantability or fitness for any particular purpose of use. QPI and the Sources endeavour to ensure the accuracy and reliability of Content provided but QPI and Sources and the Agent do not guarantee its accuracy or reliability and accept no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions.
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Disclaimer of Warranty and Limitations of Liability. Country Bank Cash Management Services are provided “as is.” To the maximum extent permitted by law, we expressly disclaim any warranties and you waive all warranties, either expressed or implied, without limitation, the warranties of merchantability and fitness for a particular purpose. You, jointly and severally release, acquit and forever discharge us, our subsidiaries, affiliates, parent corporations, officers, directors, stockholders, employees, agents, attorneys, successors and assigns, both present and former (collectively, “Bank Affiliates”) of any and all manner of action and actions, cause and causes of action, suits, debts, controversies, losses, damages, judgments, executions, claims and demand whatsoever, asserted and unasserted, in contract, tort, law or in equity which against us and/or the Bank Affiliates, you ever had, now have or which you ever had or now have upon or by reason or any matter, cause, causes or thing whatsoever, whether known or unknown, including but not limited to any presently contemplated or anticipated (collectively referred to as “Claims”) arising out of or incurred in connection with or resulting from any usage of Country Bank Cash Management and Online Banking Services including without limitation: non availability of any services, non- performance, malfunction, unauthorized use, mistakes, password security and confidentiality. We are not liable for errors made by our agents. You shall indemnify and hold us harmless against any and all claims, demands, expenses (including attorney's fees), losses or damages incurred by us or any third party arising from or in connection with this Agreement and you expressly agree to pay to us, upon demand, any and all fees, costs and expenses (including attorney’s fees) relating to our enforcement of any rights or remedies herein, including the collection of any and all amounts which may be owed to us hereunder. We shall be responsible only for performing the services expressly provided for in this Agreement, and shall be liable only for our willful misconduct in performing those services. We shall not be responsible for your acts or omissions (including, without limitation, the amount, accuracy, timeliness of transmittal or due and dual authorization of any Entry received from you) or those of any other person, including, without limitation, our service bureau, the ACH Operator, any Federal Reserve Bank or any transmission or communications facility, any Participant or Receiving Dep...
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Disclaimer of Warranty and Limitations of Liability. 4.1 Disclaimer of Warranty The Purchaser expressly acknowledges and agrees that the Service is provided to him/her/it on an "as is" basis and that its use of Content is at the Purchaer’s sole risk. Neither China Tonghai Financial Media Limited nor the Sources make any warranty or representation of any kind whatsoever (save for those expressly stated in this Agreement) relating to the Service including any Content furnished through the Service, express or implied, including but without limitation, non-infringement of third party rights or merchantability or fitness for any particular purpose of use. China Tonghai Financial Media Limited gives no warranty or representation that the Service will be uninterrupted or free from error. China Tonghai Financial Media Limited and the Sources will only use its reasonable endeavours to ensure the accuracy and reliability of the Content provided but do not guarantee or undertaken its accuracy or reliability and accept no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions. Without affecting the generality of the foregoing, whilst China Tonghai Financial Media Limited and the Stock Exchange will only use its reasonable endeavours to ensure the accuracy and reliability of the Information provided. China Tonghai Financial Media Limited or any of its related company or the Stock Exchange (or any of their respective directors, officers, employees or agents) do not guarantee its accuracy or reliability and accept no liability (whether in tort or contract or otherwise) for any loss, including consequential, incidental, special or similar damages, or damages for loss of profits, revenue, data or use, resulting directly or indirectly from the Purchaser's use of the Quote Service and/or the Information or from any inaccuracies or omissions in the Information.
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Disclaimer of Warranty and Limitations of Liability a. Disclaimer of Warranty. YOU AGREE THAT THE SERVICES ARE PROVIDED BY WAVE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THE AGREEMENT. THE WAVE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WAVE EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, THE WAVE PARTIES DO NOT WARRANT THAT THE SYSTEM, INSTALLATION OR SERVICES WILL AVERT OR PREVENT ANY OCCURRENCES, INCLUDING CRIMINAL ACTS, OR THE CONSEQUENCES THEREFROM.
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Related to Disclaimer of Warranty and Limitations of Liability

  • Limitations of Liability The Trustee shall have no responsibility or liability to:

  • Warranty and Limitation of Liability PBI PROVIDES YOU WITH THE LIMITED WARRANTIES IN SECTION 1. PBGFS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE OR INFRINGEMENT, AND PBGFS ISN’T LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT.

  • Disclaimer and Limitation of Liability PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.

  • Disclaimer of Warranties EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. 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.

  • Disclaimer of Warranty Goods, services, facilities, or equipment provided by NASA under this Agreement are provided "as is." NASA makes no express or implied warranty as to the condition of any such goods, services, facilities, or equipment, or as to the condition of any research or information generated under this Agreement, or as to any products made or developed under or as a result of this Agreement including as a result of the use of information generated hereunder, or as to the merchantability or fitness for a particular purpose of such research, information, or resulting product, or that the goods, services, facilities or equipment provided will accomplish the intended results or are safe for any purpose including the intended purpose, or that any of the above will not interfere with privately- owned rights of others. Neither the government nor its contractors shall be liable for special, consequential or incidental damages attributed to such equipment, facilities, technical information, or services provided under this Agreement or such research, information, or resulting products made or developed under or as a result of this Agreement.

  • Indemnity and Limitation of Liability (I) The IPTV Operator shall without any limitations as to time period or amounts keep and hold ZEEL and its Affiliates, officers, directors, employees and agents fully indemnified and harmless against all claims, suits, actions, proceedings, causes of action, damages, awards, liabilities, costs and/or expenses of any kind (including reasonable attorney’s fees) arising out of any misrepresentation or fraud committed by the IPTV Operator, or actual or threatened breach of any terms of this Agreement by the IPTV Operator (including but not limited to breach of any representation and warranty provided by the IPTV Operator to ZEEL).

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