Disclaimers and Liability. 7.1 THERE ARE NO WARRANTIES, INCLUDING A WARRANTY OF WORKMANLIKE SERVICE, WHICH EXTEND BEYOND THOSE EXPRESSLY SPECIFIED IN THIS AGREEMENT.
7.2 The Client acknowledges that Response Resources deployed by the Provider under this Agreement will be deployed on an emergency basis and that the purpose of Response Activities for which such Response Resources will be deployed is to remove, to the maximum extent practicable, Oil from a Discharge. The Provider does not warrant, by the terms of this Agreement or by undertaking, that Response Activities conducted with Response Resources will render the scene of the Discharge, or areas affected by the Discharge, safe for any form of human activity, or in compliance with any Federal law or State Law.
7.3 In no event shall the Provider, its affiliates, agents, employees or subcontractors be liable for or obliged in any manner for any loss of profits and loss of use to the Client.
7.4 The Provider, its affiliates, agents, directors, officers, employees or subcontractors shall be entitled to the protection of Responder Immunity Law and nothing herein shall be construed to allow the Client to recover by way of contribution, indemnity or otherwise from the Provider, its affiliates, agents, directors, officers employees or subcontractors, any amounts for which the Client is liable to or has paid to third parties and for which the Provider, its affiliates, agents, directors, officers, employees or subcontractors would have no liability under the Responder Immunity Law applicable in the jurisdiction where the Discharge and/or Response Activities have occurred. In no event shall the Provider, its affiliates, agents, directors, officers, employees or subcontractors be liable for or obliged in any manner for damages suffered by the Client arising from services hereunder whether damages to third parties or the Client directly, unless the damages were directly caused by the gross negligence or willful misconduct of the Provider, its affiliates, agents, directors, officers, employees or subcontractors.
7.5 At no time shall the Provider be considered to have title to, or otherwise own, any Oil or Hazardous Substances on the Vessel or being removed from the water, shoreline or elsewhere, or to be in possession or control of any such Oil or Hazardous Substances, except as the Client’s agent.
Disclaimers and Liability. 5.1. The Customer acknowledges and agrees that:
a) The Customer is responsible for providing for any security or privacy the customer computer networks require and any data accessed through the service.
b) Interphone may access and store certain content accessible through use of the internet (known as caching) for fast and easy access by customers. That content is updated on a regular basis but there may be delays in that updating and therefore content accessed through the Service may not be the most up to date version;
c) (Interphone does not exercise any control over the content accessible through the internet;
d) to the extent permitted by law, Interphone does not give any warranties, express or implied, in respect of the Service or have any other liability to the Customer or the Customer’s End Users in respect of the Service;
e) Interphone is not responsible for any damage that the Custom- er may suffer arising from using:
i. the Service (including loss of data, delays, non-deliveries, or mis-deliveries);
ii. any content accessed through the Service (including inac- curate, incomplete or out of date information); or
iii. inaccurate, incomplete or out of date information.
Disclaimers and Liability. 2.1 CAST does not warrant the accuracy and reliability of the Services if the data collected and transferred to the Portal by the Agent (as defined in Exhibit A) is corrupted, incorrect or altered during the collection and diagnosis process or during the transfer of the text file through the Internet (or any other network) to the Portal.
2.2 CAST does not warrant that the data collected by the Agent will be error free or accurate, and nor that the text file created by the Agent will not be altered during its transfer through the Internet (or any other network) to the Portal.
2.3 EXCEPT TO THE EXTENT OTHERWISE PROVIDED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (OR TO ANY PERSON OR ENTITY CLAIMING THROUGH THE OTHER PARTY) FOR ANY LOSS OF DATA, LOST PROFITS OR FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH PARTY HAS BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES.
2.4 CAST DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
2.5 BECAUSE OF THE VERY NATURE OF THE WEB SERVICE, CAST DOES NOT WARRANT THE UNINTERRUPTED OPERATION OF THE SERVICES OR ACCESS AND OPERATION FREE FROM ALL ERROR, NOR THAT ALL OF THE DEFICIENCIES OR ERRORS WHICH MAY BE CONTAINED IN THE SERVICES WILL BE CORRECTED.
2.6 THE MAXIMUM AGGREGATE LIABILITY OF CAST TO THE CUSTOMER (OR TO ANY PERSON OR ENTITY CLAIMING THROUGH THE CUSTOMER) RELATED TO OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE PRICE (TAXES EXCLUDED) PAID BY THE CUSTOMER FOR THE SERVICES (FOR A MAXIMUM OF THE PRIOR TWELVE MONTH PERIOD) PURSUANT TO THE APPLICABLE ORDER THAT GIVE RISE TO SUCH LIABILITY.
Disclaimers and Liability. AEGIS PROVIDES THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY) INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. AEGIS DOES NOT GUARANTEE THAT THE PLATFORM OR THE DATA WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ACCURATE, COMPLETE, OR ERROR-FREE. AEGIS PROVIDES THE PLATFORM FOR INFORMATIVE PURPOSES AND DOES NOT PROVIDE ANY PROFESSIONAL OPINIONS OR ADVICE. TRADING COUNTERPARTY’S USE OR RELIANCE ON THE PLATFORM OR DATA IS AT TRADING COUNTERPARTY’S OWN RISK. THE PLATFORM MAY INCLUDE DATA PROVIDED BY THIRD PARTIES (INCLUDING CONSENTING ENTITIES). AEGIS HAS NO EDITORIAL RESPONSIBILITY OVER ANY SUCH THIRD PARTY CONTENT AND ANY OPINIONS, STATEMENTS, CONTENT, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES ON THE PLATFORM ARE THOSE OF SUCH THIRD PARTIES. AEGIS DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, STATEMENT, CONTENT, OR OTHER INFORMATION PROVIDED BY ANY THIRD PARTY. AEGIS IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY CONSENTING CUSTOMERS INVOLVED IN THE COLLECTION OF DATA OR SUBMISSION OF DATA TO THE PLATFORM. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUE OR BUSINESS) HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT IN THE EVENT OF (a) A PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR VIOLATION OF APPLICABLE LAW; (b) CONFIDENTIALITY OBLIGATIONS DESCRIBED IN ARTICLE 4 (CONFIDENTIALITY), OR INDEMNITY, DEFENSE, AND HOLD HARMLESS OBLIGATIONS DESCRIBED IN THIS ARTICLE 5. EXCEPT FOR A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS DESCRIBED IN ARTICLE 4 (CONFIDENTIALITY), IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY AGGREGATE AMOUNT EXCEEDING THE LESSER OF THE AMOUNTS PAID BY LENDER TO AEGIS FOR USE OF THE PLATFORM IN THE PRIOR THREE (3) MONTHS, IF ANY, OR $100 USD. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATION OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO LENDER. THE PARTIES WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS EACH OTHER AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY LIABILITIES, DAMAGES, SETTLEMENTS, AWARDS, AND OTHER COSTS AN...
Disclaimers and Liability. You acknowledge and agree that while we may (without obligation to do so) configure the router with basic access lists, the Internet by its nature is not secure and we do not provide as part of the Internet Services, security features in the form of firewalls. Accordingly, you are responsible for providing for any security or privacy that you require for your computer networks and any data stored on those networks or accessed through the internet Services;
a) neither we nor any Other Supplier exercise any control over the content accessible through the Internet;
b) to the extent permitted by law, neither we nor any Other Supplier give any warranties, express or implied, in respect of the internet Services or have any other liability to you or your end users in respect of the internet Services;
c) while the speeds quoted above are our best estimate, some variation may be experienced by you from time to time due to technical features of the specific service which may include without limitation packet loss; and
d) neither we nor any Other Supplier will be responsible for any damage that you may suffer arising from using:
e) the internet Services (including loss of data, delays, non-deliveries, or mis deliveries);
f) any content accessed through the internet Services (including inaccurate, incomplete or out of date information); or
g) inaccurate, incomplete or out of date information.
Disclaimers and Liability. 6.1 The Customer acknowledges and agrees that:
a) The Customer is responsible for providing for any security or privacy that the Customer requires for the Customer’s computer networks and any data stored on those networks or accessed through the Service;
b) CMTG may access and store certain content accessible through use of the internet (known as caching) for fast and easy access by customers. That content is updated on a regular basis but there may be delays in that updating and therefore content accessed through the Service may not be the most up to date version;
c) CMTG does not exercise any control over the content accessible through the internet;
d) to the extent permitted by law, CMTG does not give any warranties, express or implied, in respect of the Service or have any other liability to the Customer or the Customer’s End users in respect of the Service;
e) CMTG is not responsible for an damaged that the Customer may suffer arising from using: the Service (including loss of data, delays, non- deliveries, or mis-deliveries); any content accessed through the Service (including inaccurate, incomplete or out of date information); or inaccurate, incomplete or out of data information.
Disclaimers and Liability. 6.1 You represent and warrant that:
a) all Personal Details and other Relevant Details provided to ADG are current and correct.
b) all information, data, text, logos, images, audio, movie clips, links and or content in any form which forms part of Your website (Content) You submit to ADG for publication will:
i. not breach any laws; ii. not be misleading or deceptive or likely to mislead or deceive; iii. not be defamatory;
Disclaimers and Liability. 7.1. Save for condition 7.6, the Club or any of its staff or other representatives will not be responsible or liable to you for any loss, damage, or inability to access and/or use Foxes Hub which:
7.1.1. is due to any use you make of Foxes Hub, other than that we permit under this agreement;
7.1.2. suspension, restriction or cancellation to your Foxes Hub access in accordance with condition 8 or any failure, interruption or cancellation of your use of Foxes Hub or any content on Foxes Hub caused by events outside our reasonable control. For example (and amongst other things) this may include fire, floods, severe weather, terrorist activity or civil disruption;
7.1.3. is due to incompatibility of your devices or systems with the compatibility and technical requirements we have informed you of from time to time (see condition 2 above);
7.1.4. is caused by viruses, errors, bugs, trojans, worms or other harmful data not caused by us or attributable to an error or problem with Foxes Hub, any platform that Foxes Hub is accessed through or xxxx.xxx;
7.1.5. is caused by your failure to follow any reasonable instructions we have made known to you relating to your use of Foxes Hub;
7.1.6. is caused by any delay or failure to access Foxes Hub (or any part of it) caused by a change made by a third-party supplier that is outside our reasonable control or any other event outside our control;
7.1.7. is caused by any content provided by or originating from third parties as part of Foxes Hub or for any product or service advertised, promoted, offered or sold by third parties on or via Foxes Hub;
7.1.8. concerns loss or damage:
7.1.9. which is not a foreseeable result of our breach of these Terms (though we will be responsible for loss or damage directly caused by us which is foreseeable). Loss of damage is foreseeable if either it is obvious that it will happen or if, at the time we enter this contract, both you and we knew it might happen; or
7.1.10. relating to any business, including (amongst other things) loss of profits, loss of business, loss of opportunity and/or business interruption. Foxes Hub is made available for private and domestic purposes only.
7.2. We are not responsible for or liable for any loss, damage or harm you suffer as a result of using any third-party apps, services, adverts or websites, the content you access through them and any failure of them to function properly.
7.3. We do not endorse and shall not be held responsible for or liable for any co...
Disclaimers and Liability. 8.1 The Supplier acknowledges and agrees that:
(a) ASM’s trading relationship request to join the ASM Portal as a supplier is not a recommendation or endorsement by ASM of the Ariba Network; and
(b) ASM does not provide nor operate the Ariba Network or the ASM Portal which is provided and operated by SAP Ariba, and ASM does not make any representations or warranties neither does it owe any obligations to the Supplier with respect to the Supplier’s access and use of the Ariba Network and the ASM Portal.
8.2 The Supplier shall indemnify ASM and its Affiliates and their respective officers, agents, representatives, employees, partners and licensors (“Indemnitees”) in full and on demand and shall keep them fully and effectively so indemnified against all Losses suffered or incurred, directly or indirectly, by the Indemnitees in connection with or arising out of the Supplier’s or its Authorised Users’:
(a) breach of this ASM Terms of Use;
(b) breach of the SAP Ariba Terms of Use;
(c) breach or violation of applicable law;
(d) infringement or claimed infringement of any third party intellectual property right or proprietary right;
(e) use of the ASM Portal or the Ariba Network; or
(f) submission of any information or material on the ASM Portal or the Ariba Network.
Disclaimers and Liability. 9.1 Rock Choir is not responsible for damage to person or damage to, loss / theft of personal belongings whilst attending rehearsals or before and after rehearsals unless caused by Rock Choirs negligence or breach of this agreement.
9.2 If such loss, damage or theft is caused by the negligent acts or omissions of Rock Choir or its Choir Leaders, employees or subcontractors, our liability to you will be limited to £100.
9.3 Tasters should understand clearly that Rock Choir cannot be held responsible for damage or loss caused by misconduct or other Tasters or members.
9.4 Any additional services (including, for example singing or instrumental lessons) which you contract for or agree to pay for with your Choir Leader, do not form part of your Rock Choir Taster Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any Agreement for additional services, you are entering into an Agreement with those individuals and not with Rock Choir.
9.5 We do not accept any liability for any losses, damage, personal injury or other loss caused by any negligent act or omission of those providing any additional services and these are specifically excluded from the Taster Agreement and Rock Choir does not accept any responsibility for the same.
9.6 In any event to the extent Rock Choir have any liability to you under this Agreement, this shall be limited, to the extent the extent permitted by law, to £100 per claim.
9.7 To the extent permitted by law, save as expressly set out here, we exclude all other conditions, warranties, representations, liability, or other terms which may be implied.
9.8 Given the fact that your invitation to the Taster Session is free of charge, you acknowledge and agree that the limitations of liability in clause 9 are reasonable. If a court of law establishes that the limitation of liability contained in this clause 9 are unreasonable, our liability to you will be limited to the lowest financial amount determined to be reasonable under applicable law. If any part of clause 9 is held to be illegal or unenforceable by a court of competent jurisdiction, that part shall be deemed not to form part of this Taster Agreement and the enforceability of the remainder of this Agreement shall not be affected.
9.9 Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or in relation to your st...
