Disclaimers and Limitation of Liability. THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. AITC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. YOUR USE OF THE WEBSITE AND/OR CONTENT IS AT YOUR SOLE RISK, and you shall bear all risk, related costs and liability and be responsible for your use. AITC assumes no responsibility for any intentional or unintentional error, omission, inaccuracy, incompleteness, unavailability, interruption, delay, slow streaming, slow downloading speed, or unauthorized access in or with respect to the Website or for the consequences of use thereof. Except for claims that cannot be excluded by applicable local law, AITC and our affiliates, directors, officers, employees, agents, consultants, licensors and third-party providers shall not have any liability, whether in tort, contract or otherwise, to you or any third party for any reason arising out of, relating to, in connection with, or resulting from the Website or use of or access to them. AITC (AND ITS LICENSORS AND THIRD PARTY PROVIDERS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY), INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES OR FOR SECURITY OF INFORMATION YOU PROVIDED OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES AND WHETHER OR NOT FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, CONTENT OR SERVICES, IS TO STOP USING THEM. THE MAXIMUM AGGREGATE LIABILITY OF AITC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AITC TO USE THE WEBSITE. THE PRECEDING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Certain documents and related information provided on the Website are submitted to AITC by unrelated third parties. There is the possibility of failures by persons to submit documents in a timely manner or at all, or of errors or delays in the submission and/or processing of such documents by third parties or us. AITC does not review the information contained in such documents for accuracy, completeness or any other purpose, and AITC does not warrant or guarantee the accuracy, completeness or any other aspect of any information contained in such documents. In furtherance, and not in limitation, of the preceding provisions of this section, it is noted that AITC, our affiliates, directors, officers, employees, agents, consultants, licensors and third party providers shall not be liable or responsible to you or anyone else for any losses, liabilities, damages, costs, expenses, suits, actions, proceedings or claims caused by, arising out of, relating to or in connection with: (a) acts, omissions, occurrences or contingencies beyond our or their reasonable control, including service interruptions or performance failures, such as those that result from the use of telecommunications facilities that are outside our control, including the Internet; (b) negligence, gross negligence or willful misconduct in procuring, compiling, interpreting, editing, writing, reporting or delivering any of the Information; (c) lost, stolen, late, corrupted, misdirected, failed, incomplete or delayed transmissions by anyone using the Website, including technical malfunctions, human error, computer viruses, lost data transmissions, omissions, interruptions, deletions, defects, hyperlink failures or line failures of any telephone network, computer equipment, software or any combination thereof; or (d) damage to your computer systems, equipment, software, data or other tangible or intangible property resulting from or sustained in connection with your use of the Website and/or Information. AITC and our affiliates, officers, directors, employees, agents, consultants and licensors make, and have made, no recommendations regarding any of the securities or other investment vehicles identified, referred to or described on the Website. AITC cannot and does not guarantee, represent or warrant that the Website or Content are compatible with your computer system. Further, AITC cannot and does not guarantee, represent or warrant that the Website and/or Content will be free of harmful or destructive computer programs, such as viruses, worms, Trojan horses or disabling devices. You alone are responsible for implementing safeguards to protect the security and integrity of your computer system. You are also responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website or Content.
Appears in 1 contract
Samples: Terms of Service
Disclaimers and Limitation of Liability. 8.1. THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. AITC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER SET FORTH IN CLAUSE 7 ABOVE, ARE IN LIEU OF, AND WE EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY THAT THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE SERVICES ARE ERROR-FREE, ACCURATE OR WILL COMPLY WITH ANY LAW, RULE OR REGULATION (ii) ANY AND ALL IMPLIED WARRANTIES OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT AND (iii) A N Y A N D A L L I M P L I E D WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOUR USE NO ADVICE, STATEMENT OR INFORMATION GIVEN BY US, OUR AFFILIATES, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE WEBSITE AND/OR CONTENT IS AT SERVICES PROVIDED HEREUNDER TO ACHIEVE YOUR SOLE RISK, and you shall bear all risk, related costs INTENDED RESULTS.
8.2. You assume sole responsibility and liability and be responsible for your use. AITC assumes no responsibility for any intentional of Your Insured Driver's compliance with the terms and conditions of the Agreement. We shall have no liability for any claims, losses or unintentional errordamages arising out of or in connection with Your or any of Your Insured Driver's use of the Vehicle, omissionServices, inaccuracy, incompleteness, unavailability, interruption, delay, slow streaming, slow downloading speed, or unauthorized access in or with respect to the Website or for the consequences of use thereof. Except for claims that cannot be excluded by applicable local law, AITC and our affiliates, directors, officers, employees, agents, consultants, licensors and any third-party providers products, or services.
8.3. Nothing in the Agreement shall in any way exclude or limit Our liability for death or personal injury caused by negligence, or liability for fraudulent misrepresentation, or for any other liability which by law it is not have any liabilitypossible to exclude or limit.
8.4. Our liability for the loss or damage to tangible property whether or not the same are under warranty shall be limited in accordance with clause 9.5 below.
8.5. Subject to clause 9.1, whether Our total liability for direct losses in contract, tort, contract misrepresentation, breach of statutory duty or
8.6. In no event will We be liable to You in contract, tort, misrepresentation or otherwise, to you or any third party for any reason arising out of, relating to, in connection with, indirect or resulting from the Website consequential loss or use of or access to them. AITC (AND ITS LICENSORS AND THIRD PARTY PROVIDERS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY), INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES OR FOR SECURITY OF INFORMATION YOU PROVIDED OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES AND WHETHER OR NOT FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, CONTENT OR SERVICES, IS TO STOP USING THEM. THE MAXIMUM AGGREGATE LIABILITY OF AITC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AITC TO USE THE WEBSITE. THE PRECEDING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Certain documents and related information provided on the Website are submitted to AITC by unrelated third parties. There is the possibility of failures by persons to submit documents in a timely manner or at all, or of errors or delays in the submission and/or processing of such documents by third parties or us. AITC does not review the information contained in such documents for accuracy, completeness or any other purpose, and AITC does not warrant or guarantee the accuracy, completeness or any other aspect of any information contained in such documents. In furtherance, and not in limitation, of the preceding provisions of this section, it is noted that AITC, our affiliates, directors, officers, employees, agents, consultants, licensors and third party providers shall not be liable or responsible to you or anyone else for any losses, liabilities, damagesdamage, costs, expensesexpenses or other claims for consequential compensation whatsoever, suitsnor for any direct or indirect loss of profit, actionsloss of anticipated profits, proceedings loss of revenue, loss of anticipated revenue, loss of savings or claims caused byanticipated savings, arising loss of business opportunity, increases in cost of working whether anticipated or not, loss or corruption of data, loss of use or loss of operating time and any costs and expenses associated therewith, loss or damage to Services or data whether or not the same are under warranty, the cost of purchasing elsewhere, depletion of goodwill or reputation or otherwise which arise out of, relating to of or in connection with: with the Agreement and whether or not foreseeable or made known to Us.
8.7. We will use reasonable endeavours to ensure that the Services are supplied promptly in accordance with any dates as agreed by the parties having regard to the availability of personnel but any delivery dates or times quoted for delivery, commencement or completion of any part of the Services or deliverables will be estimates only and time will not be of the essence.
8.8. The parties have considered the exclusions and limitations of liability in the Agreement in the context of all the circumstances of the transaction to which the Agreement relates (a) acts, omissions, occurrences or contingencies beyond our or their reasonable control, including service interruptions or performance failures, such as those that result from the use of telecommunications facilities that are outside our control, including the Internet; (bparties' respective insurance cover) negligence, gross negligence or willful misconduct and all the factors referred to in procuring, compiling, interpreting, editing, writing, reporting or delivering any Schedule 2 of the Information; (c) lostUnfair Contracts Terms Xxx 0000. The parties consider that such exclusions and limitations of liability are fair and reasonable and that, stolenbut for such exclusions and limitations, late, corrupted, misdirected, failed, incomplete or delayed transmissions by anyone using the Website, including technical malfunctions, human error, computer viruses, lost data transmissions, omissions, interruptions, deletions, defects, hyperlink failures or line failures of any telephone network, computer equipment, software or any combination thereof; or (d) damage to your computer systems, equipment, software, data or other tangible or intangible property resulting from or sustained in connection with your use parties would not have entered into the Agreement. For the purposes of the Website and/or Information. AITC Unfair Contracts Terms Act 1977 each party acknowledges and our affiliates, officers, directors, employees, agents, consultants and licensors make, and have made, no recommendations regarding any agrees that every provision of the securities or other investment vehicles identifiedAgreement has been the subject of negotiations between the parties, referred to or described on even if the Website. AITC cannot and does not guarantee, represent or warrant that the Website or Content are compatible with your computer system. Further, AITC cannot and does not guarantee, represent or warrant that the Website and/or Content will be free of harmful or destructive computer programs, such as viruses, worms, Trojan horses or disabling devices. You alone are responsible for implementing safeguards to protect the security and integrity of your computer system. You are also responsible for the entire cost of words used in any service, repairs or connections of and to your computer system that may be necessary as a result of your use provision of the Website or ContentAgreement have been used by a party in other contractual arrangements and/or in standard form contract documentation used by that party.
Appears in 1 contract
Samples: Self Drive Vehicle Hire Agreement
Disclaimers and Limitation of Liability. i. WE MAKE NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) WITH RESPECT TO THE WEBSITE AND CONTENT ARE AFFILIATE NETWORK, OUR SITES, ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREIN OR RELATED THERETO OR THAT OUR SITES, SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED "TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED OR WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF ALL OR ANY OF THE FOREGOING. EXCEPT AS IS" AND "AS AVAILABLE"EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. AITC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. YOUR USE OF THE WEBSITE AND/OR CONTENT IS AT YOUR SOLE RISK, and you shall bear all risk, related costs and liability and be responsible for your use. AITC assumes no responsibility for any intentional or unintentional error, omission, inaccuracy, incompleteness, unavailability, interruption, delay, slow streaming, slow downloading speed, or unauthorized access in or with respect to the Website or for the consequences of use thereof. Except for claims that cannot be excluded by applicable local law, AITC and our affiliates, directors, officers, employees, agents, consultants, licensors and third-party providers shall not have any liability, whether in tort, contract or otherwise, to you or any third party for any reason arising out of, relating to, in connection with, or resulting from the Website or use of or access to them. AITC (REPRESENTATIONS AND ITS LICENSORS IMPLIED TERMS AND THIRD PARTY PROVIDERS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY), INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES OR FOR SECURITY OF INFORMATION YOU PROVIDED OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES AND WHETHER OR NOT FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, CONTENT OR SERVICES, IS TO STOP USING THEM. THE MAXIMUM AGGREGATE LIABILITY OF AITC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AITC TO USE THE WEBSITE. THE PRECEDING LIMITATION OF LIABILITY SHALL APPLY CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. Certain documents and related information provided on FURTHERMORE, NEITHER WE (NOR OUR PROVIDERS OR UNDERLYING VENDORS) ARE REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, SOFTWARE OR HARDWARE.
ii. We may, in our sole discretion, use any available means to block, restrict, remove or discount from your tracker certain players, deposits or play patterns or reject the Website are submitted applications of potential players and/or affiliates so as to AITC by unrelated third parties. There is reduce the possibility number of failures by persons to submit documents in a timely manner or at allfraudulent, or of errors or delays in the submission and/or processing of such documents by third parties or us. AITC does not review the information contained in such documents for accuracy, completeness or any other purpose, and AITC does not warrant or guarantee the accuracy, completeness or any other aspect of any information contained in such documents. In furtherance, and not in limitation, of the preceding provisions of this section, it is noted that AITC, our affiliates, directors, officers, employees, agents, consultants, licensors and third party providers shall not be liable or responsible to you or anyone else unprofitable transactions for any losses, liabilities, damages, costs, expenses, suits, actions, proceedings or claims caused by, arising out of, relating to or in connection with: (a) acts, omissions, occurrences or contingencies beyond our or their reasonable control, including service interruptions or performance failures, such as those that result from the use of telecommunications facilities that are outside our control, including the Internet; (b) negligence, gross negligence or willful misconduct in procuring, compiling, interpreting, editing, writing, reporting or delivering any of the Information; (c) lost, stolen, late, corrupted, misdirected, failed, incomplete or delayed transmissions by anyone using the Website, including technical malfunctions, human error, computer viruses, lost data transmissions, omissions, interruptions, deletions, defects, hyperlink failures or line failures of any telephone network, computer equipment, software or any combination thereof; or (d) damage to your computer systems, equipment, software, data or other tangible or intangible property resulting from or sustained in connection with your use of the Website and/or Informationreason. AITC and our affiliates, officers, directors, employees, agents, consultants and licensors make, and have made, no recommendations regarding any of the securities or other investment vehicles identified, referred to or described on the Website. AITC cannot and does We do not guarantee, represent or warrant the consistent application and/or success of any fraud prevention.
iii. Our obligations under this Agreement do not constitute personal obligations of the owners, directors, officers, advisers, agents, representatives, employees, vendors or suppliers of the site or services other than as provided under this Agreement. Other than as expressly provided in this Agreement, in no event will we be liable for any direct, indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss) including any loss of business, revenue, profits or data. Our liability arising under this Agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way shall only be for direct damages and shall not exceed, in aggregate, the revenues generated and payable to you in relation to the site(s) that the Website or Content are compatible with your computer system. Further, AITC cannot and does not guarantee, represent or warrant dispute relates to over the previous 6 months at the time that the Website and/or Content event giving rise to the liability arose. However, nothing in this Agreement will be free of harmful operate to exclude or destructive computer programs, such as viruses, worms, Trojan horses limit either party's liability for death or disabling devices. You alone are responsible for implementing safeguards to protect the security and integrity of your computer system. You are also responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary personal injury arising as a result of your use that party's negligence or for fraud.
iv. All promotions can only be claimed once per person, household, family, household address, email address, credit card number, or shared computer environment.
v. We do not accept liability for the content or accuracy of the Website or Contentexternal websites.
Appears in 1 contract
Samples: Affiliate Agreement
Disclaimers and Limitation of Liability. Participant's participation and/or membership in the Program does not guarantee or ensure that (i) the Facilities and Individuals will suffer no adverse impact from a disaster or emergency; (ii) the operations of the Facilities are sufficient to survive a disaster or emergency or are sufficient for safe operation; or (iii) the Facilities are in compliance with any federal, state or local laws, regulations, rules, codes or ordinances, or Participant’s own internal requirements; and Participant shall not indicate or imply to any third party that such participation and/or membership in the Program guarantees or ensures any of the foregoing. The Red Cross is not responsible for the acts, failures to act, or omissions of Individuals or of Participant, its agents, contractors or employees. Neither the offering of the Program nor the rights and obligations of Red Cross under this Agreement shall constitute an undertaking on behalf, or for the benefit, of Participant, Individuals or others, and neither the Individuals nor any others shall be considered third party beneficiaries to this Agreement. No supervisory activities will be performed by the Red Cross. The Red Cross assumes no authority or obligation to make changes in any Facility or Participant operations or to have Participant implement any or all of the components of the Program. It is solely the responsibility of Participant to decide whether or not to follow suggestions made by the Red Cross, its agents or employees in the context of the Program. PARTICIPANT ACKNOWLEDGES AND AGREES THAT (SOLELY AS BETWEEN PARTICIPANT AND THE WEBSITE RED CROSS) IT IS SOLELY RESPONSIBLE FOR THE DISASTER AND EMERGENCY PREPAREDNESS OF ITS FACILITIES, OPERATIONS AND EMPLOYEES, THAT THE PROGRAM IS ONLY A TOOL TO HELP PARTICIPANT DETERMINE THE ACTIONS IT MAY TAKE TO ACHIEVE ITS DESIRED LEVEL OF DISASTER AND EMERGENCY PREPAREDNESS AT THE FACILITIES, AND THAT THE PROGRAM MAY NOT IDENTIFY, PREVENT OR MITIGATE DAMAGE TO ITS FACILITIES OR ADVERSE IMPACT ON ITS OPERATIONS AS A RESULT OF A DISASTER, AN ACT OF WAR, TERRORISM, OR EMERGENCY. UNDER NO CIRCUMSTANCES SHALL THE RED CROSS BE RESPONSIBLE FOR (i) PARTICIPANT’S USE OF THE CONTENT ARE OF THE PROGRAM OR THE PROGRAM TOOLS, (ii) ANY INFORMATION RELEVANT TO PARTICIPANT THAT IS OMITTED IN THE PROGRAM, (iii) PARTICIPANT’S OR ANY PERSON’S RELIANCE ON ANY INFORMATION IN THE PROGRAM, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT OR COMPLETE, AND (iv) THE CONSEQUENCES OR ACTIONS TAKEN OR FAILED TO BE TAKEN BY PARTICIPANT OR ANY OTHER PERSON WHETHER OR NOT BASED ON INFORMATION PROVIDED "BY OR AS IS" AND "AS AVAILABLE"A RESULT OF THE PROGRAM. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THIS AGREEMENT, WITHOUT ANY THE RED CROSS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. AITC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATIVE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWPROGRAM, AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE WEBSITE AND/OR CONTENT IS AT YOUR SOLE RISK, and you shall bear all risk, related costs and liability and be responsible for your use. AITC assumes no responsibility for any intentional or unintentional error, omission, inaccuracy, incompleteness, unavailability, interruption, delay, slow streaming, slow downloading speed, or unauthorized access in or with respect to the Website or for the consequences of use thereof. Except for claims that cannot be excluded by applicable local law, AITC and our affiliates, directors, officers, employees, agents, consultants, licensors and third-party providers shall not have any liability, whether in tort, contract or otherwise, to you or any third party for any reason arising out of, relating to, in connection with, or resulting from the Website or use of or access to them. AITC (AND ITS LICENSORS AND THIRD PARTY PROVIDERS) RED CROSS WILL NOT BE LIABLE FOR ANY INDIRECTPUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY INDIRECT OR PUNITIVE DAMAGES CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR INCOME, LOST DATA OR LOSS OF USE OR OTHER BENEFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM. PARTICIPANT ACKNOWLEDGES AND AGREES THAT (SOLELY AS BETWEEN PARTICIPANT AND THE RED CROSS) IT SHALL BE SOLELY RESPONSIBLE FOR RISK OF LOSS OF ANY KIND (WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY FACILITY AND TO ADEQUATELY INSURE OR OTHER THEORY), INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES OR FOR SECURITY OF INFORMATION YOU PROVIDED OR UNAUTHORIZED INTERCEPTION OF ANY SELF-INSURE SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES FACILITY AND WHETHER OR NOT FORESEEABLE. YOUR SOLE PARTICIPANT’S BUSINESS INTERRUPTION AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, CONTENT OR SERVICES, IS TO STOP USING THEM. THE MAXIMUM AGGREGATE LIABILITY OF AITC FOR EXTRA EXPENSE EXPOSURES AT ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AITC TO USE THE WEBSITE. THE PRECEDING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Certain documents and related information provided on the Website are submitted to AITC by unrelated third parties. There is the possibility of failures by persons to submit documents in a timely manner or at all, or of errors or delays in the submission and/or processing of such documents by third parties or us. AITC does not review the information contained in such documents for accuracy, completeness or any other purpose, and AITC does not warrant or guarantee the accuracy, completeness or any other aspect of any information contained in such documents. In furtherance, and not in limitation, of the preceding provisions of this section, it is noted that AITC, our affiliates, directors, officers, employees, agents, consultants, licensors and third party providers shall not be liable or responsible to you or anyone else for any losses, liabilities, damages, costs, expenses, suits, actions, proceedings or claims caused by, arising out of, relating to or in connection with: (a) acts, omissions, occurrences or contingencies beyond our or their reasonable control, including service interruptions or performance failures, such as those that result from the use of telecommunications facilities that are outside our control, including the Internet; (b) negligence, gross negligence or willful misconduct in procuring, compiling, interpreting, editing, writing, reporting or delivering any of the Information; (c) lost, stolen, late, corrupted, misdirected, failed, incomplete or delayed transmissions by anyone using the Website, including technical malfunctions, human error, computer viruses, lost data transmissions, omissions, interruptions, deletions, defects, hyperlink failures or line failures of any telephone network, computer equipment, software or any combination thereof; or (d) damage to your computer systems, equipment, software, data or other tangible or intangible property resulting from or sustained in connection with your use of the Website and/or Information. AITC and our affiliates, officers, directors, employees, agents, consultants and licensors make, and have made, no recommendations regarding any of the securities or other investment vehicles identified, referred to or described on the Website. AITC cannot and does not guarantee, represent or warrant that the Website or Content are compatible with your computer system. Further, AITC cannot and does not guarantee, represent or warrant that the Website and/or Content will be free of harmful or destructive computer programs, such as viruses, worms, Trojan horses or disabling devices. You alone are responsible for implementing safeguards to protect the security and integrity of your computer system. You are also responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website or ContentTIMES.
Appears in 1 contract
Samples: Membership Agreement
Disclaimers and Limitation of Liability. a. Each Party acknowledges that the liability limitations and warranty disclaimers in the Agreement are independent of any remedies hereunder and shall apply regardless of whether any remedy fails of its essential purpose. Customer acknowledges that the limitations of liability set forth in this Agreement are integral to the amount of consideration offered and charged in connection with the Licensed Software and Services provided by Company and that, were Company to assume any further liability other than as provided in the Agreement, such consideration would of necessity be set substantially higher.
b. EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED HEREIN OR IN THE WEBSITE APPLICABLE SERVICE SCHEDULE, THE SOFTWARE, DOCUMENTATION AND CONTENT SERVICES ARE PROVIDED ON AN "AS IS," AND "“AS AVAILABLE"” BASIS; CUSTOMER AGREES THAT USE OF THE SOFTWARE, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. AITC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIEDDOCUMENTATION AND SERVICES IS AT CUSTOMER’S SOLE RISK; AND, TO THE FULLEST MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE PERMITTED BY LAW. YOUR USE , COMPANY EXPRESSLY DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE, DOCUMENTATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF THE WEBSITE AND/MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OR CONTENT IS AT YOUR SOLE RISK, and you shall bear all risk, related costs and liability and be responsible for your use. AITC assumes no responsibility for any intentional or unintentional error, omission, inaccuracy, incompleteness, unavailability, interruption, delay, slow streaming, slow downloading speed, or unauthorized access in or with respect to the Website or for the consequences of use thereof. Except for claims that cannot be excluded by applicable local law, AITC and our affiliates, directors, officers, employees, agents, consultants, licensors and third-party providers shall not have any liability, whether in tort, contract or otherwise, to you or any third party for any reason arising out of, relating to, in connection with, or resulting from the Website or use of or access to them. AITC (WARRANTIES ALLEGED TO ARISE AS A RESULT OF CUSTOM AND ITS LICENSORS AND USAGE.
c. IN NO EVENT SHALL COMPANY OR ANY PROVIDER OF THIRD PARTY PROVIDERS) WILL NOT ITEMS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR PUNITIVE OTHER INDIRECT DAMAGES OF ANY KIND (OR NATURE INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, WHETHER UNDER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY LIABILITY, OR ANY OTHER THEORY), INCLUDING DAMAGES FOR LOSS THEORIES OF PROFITS, USE, DATA OR OTHER INTANGIBLES OR FOR SECURITY OF INFORMATION YOU PROVIDED OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIESLIABILITY, EVEN IF ADVISED IN ADVANCE E-MDS HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR LOSSES AND WHETHER OR NOT FORESEEABLEOCCURRING. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITENotwithstanding anything in this Agreement to the contrary, CONTENT OR SERVICES, IS TO STOP USING THEM. THE MAXIMUM AGGREGATE LIABILITY OF AITC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AITC TO USE THE WEBSITE. THE PRECEDING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Certain documents and related information provided on the Website are submitted to AITC by unrelated third parties. There is the possibility of failures by persons to submit documents in a timely manner or at all, or of errors or delays unless further limited in the submission and/or processing applicable Service Schedule, in no event shall Company’s or its licensors’ total liability arising from or relating to this Agreement exceed an amount equal to fees paid by Customer to Company for the Licensed Software, Documentation or Service giving rise to the claim in the three (3) months prior to the event giving rise to the claim, whether a claim for any such liability or damages is premised upon breach of such documents by third parties or us. AITC does not review the information contained in such documents for accuracycontract, completeness breach of warranty, negligence, strict liability, or any other purposetheories of liability, and AITC does not warrant or guarantee the accuracy, completeness or any other aspect of any information contained in such documents. In furtherance, and not in limitation, even if Company has been apprised of the preceding provisions possibility or likelihood of this section, it is noted that AITC, our affiliates, directors, officers, employees, agents, consultants, licensors and third party providers shall not be liable or responsible to you or anyone else for any losses, liabilities, damages, costs, expenses, suits, actions, proceedings or claims caused by, arising out of, relating to or in connection with: (a) acts, omissions, occurrences or contingencies beyond our or their reasonable control, including service interruptions or performance failures, such as those that result from the use of telecommunications facilities that are outside our control, including the Internet; (b) negligence, gross negligence or willful misconduct in procuring, compiling, interpreting, editing, writing, reporting or delivering any of the Information; (c) lost, stolen, late, corrupted, misdirected, failed, incomplete or delayed transmissions by anyone using the Website, including technical malfunctions, human error, computer viruses, lost data transmissions, omissions, interruptions, deletions, defects, hyperlink failures or line failures of any telephone network, computer equipment, software or any combination thereof; or (d) damage to your computer systems, equipment, software, data or other tangible or intangible property resulting from or sustained in connection with your use of the Website and/or Information. AITC and our affiliates, officers, directors, employees, agents, consultants and licensors make, and have made, no recommendations regarding any of the securities or other investment vehicles identified, referred to or described on the Website. AITC cannot and does not guarantee, represent or warrant that the Website or Content are compatible with your computer system. Further, AITC cannot and does not guarantee, represent or warrant that the Website and/or Content will be free of harmful or destructive computer programs, such as viruses, worms, Trojan horses or disabling devices. You alone are responsible for implementing safeguards to protect the security and integrity of your computer system. You are also responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website or Contentdamages occurring.
Appears in 1 contract
Samples: Software Subscription Agreement
Disclaimers and Limitation of Liability. 11.1. WE MAKE NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) WITH RESPECT TO THE WEBSITE AND CONTENT ARE AFFILIATE NETWORK, OUR SITES, ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREIN OR RELATED THERETO OR THAT OUR SITES, SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED "TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED OR WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF ALL OR ANY OF THE FOREGOING. EXCEPT AS IS" AND "AS AVAILABLE"EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. AITC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. YOUR USE OF THE WEBSITE AND/OR CONTENT IS AT YOUR SOLE RISK, and you shall bear all risk, related costs and liability and be responsible for your use. AITC assumes no responsibility for any intentional or unintentional error, omission, inaccuracy, incompleteness, unavailability, interruption, delay, slow streaming, slow downloading speed, or unauthorized access in or with respect to the Website or for the consequences of use thereof. Except for claims that cannot be excluded by applicable local law, AITC and our affiliates, directors, officers, employees, agents, consultants, licensors and third-party providers shall not have any liability, whether in tort, contract or otherwise, to you or any third party for any reason arising out of, relating to, in connection with, or resulting from the Website or use of or access to them. AITC (REPRESENTATIONS AND ITS LICENSORS IMPLIED TERMS AND THIRD PARTY PROVIDERS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY), INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES OR FOR SECURITY OF INFORMATION YOU PROVIDED OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES AND WHETHER OR NOT FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, CONTENT OR SERVICES, IS TO STOP USING THEM. THE MAXIMUM AGGREGATE LIABILITY OF AITC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AITC TO USE THE WEBSITE. THE PRECEDING LIMITATION OF LIABILITY SHALL APPLY CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. Certain documents and related information provided on FURTHERMORE, NEITHER WE (NOR OUR PROVIDERS OR UNDERLYING VENDORS) ARE REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, SOFTWARE OR HARDWARE.
11.2. We may, in our sole discretion, use any available means to block, restrict, remove or discount from your tracker certain players, deposits or play patterns or reject the Website are submitted applications of potential players and/or affiliates so as to AITC by unrelated third parties. There is reduce the possibility number of failures by persons to submit documents in a timely manner or at allfraudulent, or of errors or delays in the submission and/or processing of such documents by third parties or us. AITC does not review the information contained in such documents for accuracy, completeness or any other purpose, and AITC does not warrant or guarantee the accuracy, completeness or any other aspect of any information contained in such documents. In furtherance, and not in limitation, of the preceding provisions of this section, it is noted that AITC, our affiliates, directors, officers, employees, agents, consultants, licensors and third party providers shall not be liable or responsible to you or anyone else unprofitable transactions for any losses, liabilities, damages, costs, expenses, suits, actions, proceedings or claims caused by, arising out of, relating to or in connection with: (a) acts, omissions, occurrences or contingencies beyond our or their reasonable control, including service interruptions or performance failures, such as those that result from the use of telecommunications facilities that are outside our control, including the Internet; (b) negligence, gross negligence or willful misconduct in procuring, compiling, interpreting, editing, writing, reporting or delivering any of the Information; (c) lost, stolen, late, corrupted, misdirected, failed, incomplete or delayed transmissions by anyone using the Website, including technical malfunctions, human error, computer viruses, lost data transmissions, omissions, interruptions, deletions, defects, hyperlink failures or line failures of any telephone network, computer equipment, software or any combination thereof; or (d) damage to your computer systems, equipment, software, data or other tangible or intangible property resulting from or sustained in connection with your use of the Website and/or Informationreason. AITC and our affiliates, officers, directors, employees, agents, consultants and licensors make, and have made, no recommendations regarding any of the securities or other investment vehicles identified, referred to or described on the Website. AITC cannot and does We do not guarantee, represent or warrant the consistent application and/or success of any fraud prevention.
11.3. Our obligations under this agreement do not constitute personal obligations of the owners, directors, officers, advisers, agents, representatives, employees, vendors or suppliers of the site or services other than as provided under this agreement. Other than as expressly provided in this agreement, in no event will we be liable for any direct, indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss) including any loss of business, revenue, profits or data. Our liability arising under this agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way shall only be for direct damages and shall not exceed, in aggregate, the revenues generated and payable to you in relation to the site(s) that the Website or Content are compatible with your computer system. Further, AITC cannot and does not guarantee, represent or warrant dispute relates to over the previous 12 months at the time that the Website and/or Content event giving rise to the liability arose. However, nothing in this agreement will be free of harmful operate to exclude or destructive computer programs, such as viruses, worms, Trojan horses limit either party's liability for death or disabling devices. You alone are responsible for implementing safeguards to protect the security and integrity of your computer system. You are also responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary personal injury arising as a result of your use that party's negligence or for fraud.
11.4. All promotions can only be claimed once per person, household, family, household address, email address, credit card number, or shared computer environment such as a library, workplace, university or school.
11.5. KAJOT does not accept liability for the content or accuracy of the Website or Contentexternal websites.
Appears in 1 contract
Samples: Affiliate Agreement
Disclaimers and Limitation of Liability. THE WEBSITE Client shall, to the fullest extent permitted by law, as now or EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL hereafter in effect, be indemnified and held harmless, and such SERVICES TO BE PROVIDED BY FLG AND CONTENT FLG MEMBER right to indemnification shall continue to apply to FLG and FLG (FOR PURPOSES OF THIS PARAGRAPH 6, COLLECTIVELY Member following the term of this Agreement out of the assets and “FLG”) HEREUNDER ARE PROVIDED "“AS IS" AND "” WITHOUT profits of the Client from and against all actions, costs, charges, ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES losses, damages, liabilities and expenses which FLG or FLG THAT THE “AS AVAILABLE"IS” CLAUSE OF THIS AGREEMENT IS AN Member, or FLG’s or FLG Member’s heirs, executors or IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, administrators, shall or may incur or sustain by or by reason for WITHOUT ANY REPRESENTATIONS WHICH FLG WOULD NOT HAVE AGREED TO any act done, concurred in or omitted in or about the execution of ENTER INTO THIS AGREEMENT. FLG EXPRESSLY FLG’s or FLG Member’s duty or services performed on behalf of DISCLAIMS ALL OTHER WARRANTIES, TERMS OR Client; and Client shall advance the reasonable attorney’s fees, CONDITIONS, WHETHER EXPRESS, IMPLIED, OR costs and expenses incurred by FLG or FLG’s Member in STATUTORY, REGARDING THE PROFESSIONAL connection with litigation related to the foregoing on the same SERVICES, INCLUDING ANY, WARRANTIES OF ANY KIND. AITC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. YOUR USE OF THE WEBSITE AND/OR CONTENT IS AT YOUR SOLE RISK, and you shall bear all risk, related costs and liability and basis as such advancement would be responsible for your use. AITC assumes no responsibility for any intentional or unintentional error, omission, inaccuracy, incompleteness, unavailability, interruption, delay, slow streaming, slow downloading speed, or unauthorized access in or with respect available to the Website or for the consequences of use thereof. Except for claims that canClient’s MERCHANTABILITY, TITLE, FITNESS FOR A officers and directors, PROVIDED THAT Client shall not be excluded by applicable local law, AITC and our affiliates, directors, officers, employees, agents, consultants, licensors and third-party providers shall not have PARTICULAR PURPOSE AND INFRINGEMENT. NO obligated to make payments to or on behalf of any liability, whether person (i) in tort, contract or otherwise, to you or any third party for any reason arising out of, relating to, in connection with, or resulting from the Website or use of or access to them. AITC (AND ITS LICENSORS AND THIRD PARTY PROVIDERS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY REPRESENTATION OR OTHER THEORY), INCLUDING DAMAGES FOR LOSS AFFIRMATION OF PROFITS, USE, DATA OR OTHER INTANGIBLES OR FOR SECURITY OF INFORMATION YOU FACT connection with services provided by such person outside the REGARDING THE SERVICES PROVIDED OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES AND WHETHER OR NOT FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, CONTENT OR SERVICES, IS TO STOP USING THEM. THE MAXIMUM AGGREGATE LIABILITY OF AITC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AITC TO USE THE WEBSITE. THE PRECEDING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Certain documents and related information provided on the Website are submitted to AITC HEREUNDER scope of Services contemplated by unrelated third parties. There is the possibility of failures by persons to submit documents in a timely manner or at all, or of errors or delays in the submission and/or processing of such documents by third parties or us. AITC does not review the information contained in such documents for accuracy, completeness or any other purpose, and AITC does not warrant or guarantee the accuracy, completeness or any other aspect of any information contained in such documents. In furtherancethis Agreement, and not SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR authorized or consented to by Client’s CEO or Board of Directors, GIVE RISE TO ANY LIABILITY OF FLG WHATSOEVER. or (ii) in limitation, respect of the preceding provisions of this section, it is noted that AITC, our affiliates, directors, officers, employees, agents, consultants, licensors and third party providers shall not be liable or responsible to you or anyone else for any losses, liabilities, damages, costs, expenses, suits, actions, proceedings or claims caused by, arising out of, relating to or in connection with: (a) acts, omissions, occurrences or contingencies beyond our or their reasonable control, including service interruptions or performance failures, such as those that result from the use of telecommunications facilities that are outside our control, including the Internet; (b) negligence, gross negligence or willful misconduct of such person, or (b) negligence of such person, but only to the IN NO EVENT SHALL FLG BE LIABLE FOR ANY extent that FLG’s errors and omissions liability insurance would INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, cover such person for such negligence without regard to Client’s PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY obligation to indemnify FLG hereunder. CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY B. FLG and FLG Member shall have no liability to Client relating to CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF the performance of its duties under this agreement except in procuringthe CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH event of FLG’s or FLG Member’s gross negligence or willful CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED misconduct. INFORMATION TO FLG; OR THE LOSS, compilingTHEFT, interpretingC. FLG and FLG Member agree to waive any claim or right of action TRANSMISSION OR USE, editingAUTHORIZED OR OTHERWISE, writingFLG or FLG Member might have whether individually or by or in OF ANY DATA, reporting EVEN IF CLIENT OR FLG HAVE BEEN the right of Client, against any director, secretary and other officers ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE of Client and the liquidator or delivering trustees (if any) acting in relation to POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING any of the Information; (c) lostaffairs of Client and every one of them on account of IN THIS AGREEMENT TO THE CONTRARY, stolenFLG’S any action taken by such director, lateofficer, corrupted, misdirected, failed, incomplete liquidator or delayed transmissions by anyone using the Website, including technical malfunctions, human error, computer viruses, lost data transmissions, omissions, interruptions, deletions, defects, hyperlink failures trustee or line failures Initial: Client _____ FLG _____ Page 2 of any telephone network, computer equipment, software or any combination thereof; or (d) damage to your computer systems, equipment, software, data or other tangible or intangible property resulting from or sustained in connection with your use of the Website and/or Information. AITC and our affiliates, officers, directors, employees, agents, consultants and licensors make, and have made, no recommendations regarding any of the securities or other investment vehicles identified, referred to or described on the Website. AITC cannot and does not guarantee, represent or warrant that the Website or Content are compatible with your computer system. Further, AITC cannot and does not guarantee, represent or warrant that the Website and/or Content will be free of harmful or destructive computer programs, such as viruses, worms, Trojan horses or disabling devices. You alone are responsible for implementing safeguards to protect the security and integrity of your computer system. You are also responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website or Content.5 190311 FLG-Immersion Confidential Consulting Agreement.docx
Appears in 1 contract