Common use of Disclaimers and Liability Clause in Contracts

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 AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED IN RELATION TO ANY CLAIM ARISING FROM OR RELATED TO ANY BREACH OF THIS AGREEMENT OR USE OF THE PLATFORM OR DATA BY LENDER OR ITS PERSONNEL.

Disclaimers and Liability. AEGIS PROVIDES THE PLATFORM ON AN WEBSITES, CONTENT AND SERVICES ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE” BASISWITHOUT WARRANTY OF ANY KIND. CADDIPAY DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. CADDIPAY DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL PROVIDE SPECIFIC RESULTS. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW: • UNDER NO CIRCUMSTANCES WILL CADDIPAY BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF THE WEBSITES, CONTENT, SERVICES OR OTHER ITEMS LOCATED ON THE WEBSITES. • CADDIPAY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT ANY WARRANTIES (EXPRESSLIMITATION, IMPLIED, OR STATUTORY) INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, MERCHANTABILITY, TITLE, THE INCLUSION OR NON-INFRINGEMENT. AEGIS OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITES DOES NOT GUARANTEE THAT THE PLATFORM CONSTITUTE ANY ENDORSEMENT 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 RECOMMENDATION OF SUCH THIRD PARTIESPRODUCTS OR SERVICES BY US. AEGIS DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY 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 AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED IN RELATION TO ANY CLAIM ARISING FROM OR RELATED TO ANY BREACH OF THIS AGREEMENT OR USE OF THE PLATFORM OR DATA BY LENDER OR ITS PERSONNELKIND.

Disclaimers and Liability. AEGIS PROVIDES THE PLATFORM ON AN WEBSITES, CONTENT AND SERVICES ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE” BASISWITHOUT WARRANTY OF ANY KIND. EK ENTERPRISES DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. EK ENTERPRISES DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL PROVIDE SPECIFIC RESULTS. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW: UNDER NO CIRCUMSTANCES WILL EK ENTERPRISES BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF THE WEBSITES, CONTENT, SERVICES OR OTHER ITEMS LOCATED ON THE WEBSITES. EK ENTERPRISES DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT ANY WARRANTIES (EXPRESSLIMITATION, IMPLIED, OR STATUTORY) INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, MERCHANTABILITY, TITLE, THE INCLUSION OR NON-INFRINGEMENT. AEGIS OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITES DOES NOT GUARANTEE THAT THE PLATFORM CONSTITUTE ANY ENDORSEMENT 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 RECOMMENDATION OF SUCH THIRD PARTIESPRODUCTS OR SERVICES BY US. AEGIS DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY 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 AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED IN RELATION TO ANY CLAIM ARISING FROM OR RELATED TO ANY BREACH OF THIS AGREEMENT OR USE OF THE PLATFORM OR DATA BY LENDER OR ITS PERSONNELKIND.

Disclaimers and Liability. AEGIS PROVIDES THE PLATFORM ON AN Use of the Virtual Gateway and the information contained therein is provided on an “AS IS” AND “AS AVAILABLE” BASIS, BASIS WITHOUT ANY WARRANTIES (EXPRESSOF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY) INCLUDING WITHOUT LIMITATION TO THE FULLEST EXTENT PERMITTED BY LAW. EOHHS DOES NOT MAKE ANY WARRANTIES OF OR REPRESENTATIONS REGARDING THE VIRTUAL GATEWAY, ITS CONTENT, OR ANY INFORMATION OR MATERIALS OBTAINED THROUGH THE VIRTUAL GATEWAY INCLUDING, WITHOUT LIMITATION, RELATING TO THE SECURITY, TITLE, ACCURACY, RELIABILITY, MERCHANTABILITY, COMPLETENESS, QUALITY, FITNESS FOR A PARTICULAR PURPOSEUSE, MERCHANTABILITYTIMELINESS, TITLEPERFORMANCE OR AVAILABILITY OF THE VIRTUAL GATEWAY, ITS CONTENT, OR NON-INFRINGEMENTANY SUCH INFORMATION OR MATERIALS OBTAINED THROUGH THE VIRTUAL GATEWAY. AEGIS FURTHER, EOHHS DOES NOT GUARANTEE MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE PLATFORM VIRTUAL GATEWAY, ITS CONTENT, OR ANY INFORMATION OR MATERIALS OBTAINED THROUGH THE DATA VIRTUAL GATEWAY WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ACCURATE, COMPLETE, OR ERROR-FREE. AEGIS PROVIDES , UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT OUR SITE OR THE PLATFORM FOR INFORMATIVE PURPOSES AND DOES NOT PROVIDE ANY PROFESSIONAL OPINIONS OR ADVICE. TRADING COUNTERPARTY’S USE OR RELIANCE ON SERVER THAT MAKES THE PLATFORM OR DATA VIRTUAL GATEWAY AVAILABLE 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, FREE OF VIRUSES OR OTHER INFORMATION EXPRESSED HARMFUL COMPONENTS. IN NO EVENT WILL EOHHS, ITS SUB-AGENCIES, SERVICE PROVIDERS, EMPLOYEES, AGENTS 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 OFFICERS BE LIABLE FOR CONSEQUENTIALDAMAGES OF ANY KIND, INCIDENTALUNDER ANY LEGAL THEORY, 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 IN CONNECTION WITH THE USE, OR INABILITY TO THIS AGREEMENT USE, BY ENTITY, ITS ACCESS ADMINISTRATOR(S) OR ASSOCIATED END USERS, OF THE VIRTUAL GATEWAY, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE VIRTUAL GATEWAY OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESFORESEEABLE. The exclusive remedy and EOHHS’ entire liability for any dispute or claim related to Virtual Gateway services is the cessation of access and use of the Virtual Gateway. Entity agrees to defend, EXCEPT IN THE EVENT OF indemnify, and hold harmless EOHHS and its service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (aincluding reasonable attorneys’ fees) A PARTY’S GROSS NEGLIGENCEarising out of or relating to violation of this Agreement or use of the Virtual Gateway by Entity, WILLFUL MISCONDUCT, OR VIOLATION OF APPLICABLE LAW; (b) CONFIDENTIALITY OBLIGATIONS DESCRIBED IN ARTICLE 4 (CONFIDENTIALITYEntity’s Access Administrator(s), OR INDEMNITYor Entity’s End Users, DEFENSEincluding, AND HOLD HARMLESS OBLIGATIONS DESCRIBED IN THIS ARTICLE 5. EXCEPT FOR A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS DESCRIBED IN ARTICLE 4 (CONFIDENTIALITY)but not limited to, 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 AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED IN RELATION TO ANY CLAIM ARISING FROM OR RELATED TO ANY BREACH OF THIS AGREEMENT OR USE OF THE PLATFORM OR DATA BY LENDER OR ITS PERSONNELuse of any information obtained from the Virtual Gateway.