Common use of Disclaimers and Limitations of Liability Clause in Contracts

Disclaimers and Limitations of Liability. THE SERVICES AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- INFRINGEMENT. RDLB, INC. SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Appears in 4 contracts

Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement

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Disclaimers and Limitations of Liability. THE SERVICES AND INFORMATION This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED BY RDLB ARE PROVIDED “TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND TO SUBSCRIBER KIND, EITHER EXPRESSED OR ANY THIRD PARTYIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- NON-INFRINGEMENT. RDLBXxxxxx DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, INCOR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHALL IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN Geecko WILL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF PROFITSTHE FOREGOING SENTENCES, LOSS OF USE, INTERRUPTION OF BUSINESS, OR Xxxxxx WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND THAT MAY RESULT FROM THE YOUR USE OF ITS REPORTS OR THIS WEBSITE. THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS DISCLAIMERS AND PROJECTIONS LIMITATIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY THIS PARAGRAPH ARE A MATERIAL PART OF SUCH UNDERLYING DATA OR STATISTICSOUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. RDLBPlease note that some jurisdictions may not allow the exclusion of implied warranties, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWso some of the above exclusions may not apply to you.

Appears in 3 contracts

Samples: Website Terms of Use Agreement, Terms of Use Agreement, Terms of Use Agreement

Disclaimers and Limitations of Liability. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE SERVICES LIABILITY OF THE DEERE ENTITIES. EACH OF THE SUBSECTIONS BELOW APPLIES SUBJECT TO SECTION 9(B) BELOW AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “ONLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. 1. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", WITHOUT WARRANTY "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE DEERE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, SITE AVAILABILITY OR UPTIME, OR THE SITE CONTENT. ACCORDINGLY, THE DEERE ENTITIES ARE NOT LIABLE TO YOU FOR ANY KIND LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE CONTENT. 2. THE DEERE ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO SUBSCRIBER ANY SITE USER OR ANY OTHER THIRD PARTY. ACCORDINGLY, THE DEERE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, BUT NOT LIMITED TOFOR EXAMPLE, ANY IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY. YOUR USE OF THIRD PARTY CONTENT IS AT YOUR OWN DISCRETION AND RISK. 3. THE DEERE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENTQUALITY, AND NON- NON-INFRINGEMENT. RDLBNO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE DEERE ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY. 4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, INCRELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE. 5. SHALL NOT THE DEERE ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO A MAXIMUM OF U.S. $100. 6. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DEERE ENTITIES BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES; (ii) LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECTUSE; (iii) REPUTATIONAL HARM, INDIRECTOR (iv) LOSS OF INFORMATION OR DATA, INCIDENTAL OR CONSEQUENTIAL DAMAGES REGARDLESS OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTYLEGAL THEORY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF RDLB, INC. WAS ADVISED NOT DEERE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLBDAMAGES, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY EVEN IF A REMEDY FAILS OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWESSENTIAL PURPOSE.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Disclaimers and Limitations of Liability. THE SERVICES AND INFORMATION PROVIDED BY RDLB ARE DATA IS PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND KIND, EITHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO SUBSCRIBER WARRANTIES OF COMPLETENESS, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YAQEEN EXPRESSLY DISCLAIMS, AND SHALL HAVE NO LIABILITY FOR, ANY ERRORS, OMISSIONS, INACCURACIES, OR INTERRUPTIONS IN THE DATA. USER ASSUMES ALL RISK ASSOCIATED WITH USE OF THE DATA AND AGREES THAT IN NO EVENT SHALL YAQEEN BE LIABLE TO YOU OR ANY THIRD PARTYPARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- INFRINGEMENT. RDLB, INC. SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITSACCESS DATA, LOSS OF BUSINESS, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTIONS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS, ARISING OUT OF THE USE OF, OR INABILITY TO USE, INTERRUPTION THE DATA BASED ON ANY THEORY OF BUSINESSLIABILITY INCLUDING, OR ANY DIRECTBUT NOT LIMITED TO, INDIRECTBREACH OF CONTRACT, INCIDENTAL OR CONSEQUENTIAL DAMAGES BREACH OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTYWARRANTY, WHETHER UNDER THIS AGREEMENT TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF RDLB, INC. WAS USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Disclaimers and Limitations of Liability. THE SERVICES ENTRATA DOES NOT REPRESENT OR WARRANT THAT ANY API OR INTERFACE, OR ACCESS THERETO, WILL BE ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT DEVELOPER’S OR COMMON CLIENTS’ USE THEREOF WILL PROVIDE SPECIFIC RESULTS. EACH API IS PROVIDED ON AN “AS- IS” AND INFORMATION PROVIDED BY RDLB ARE PROVIDED AS IS”AS-AVAILABLE” BASIS. ENTRATA MAKES NO REPRESENTATIONS OR WARRANTIES, WITHOUT WARRANTY WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY API, INTERFACE, PRODUCT, SERVICE OR DATA PROVIDED, ACCESSED, OR USED UNDER THIS AGREEMENT, OR WITH RESPECT TO ANY INTERFACING APPLICATION OR OTHER PRODUCT, SERVICE OR DATA OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY. ENTRATA DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- INFRINGEMENT. RDLB, INC. SHALL ENTRATA WILL NOT BE LIABLE TO SUBSCRIBER OR RESPONSIBLE IN ANY THIRD PARTY WAY, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY LOSS LOSSES OR DAMAGES OF PROFITSANY KIND, LOSS OF USE, INTERRUPTION OF BUSINESSINCLUDING LOST PROFITS OR OTHER INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DIRECT, INDIRECTEXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM PUNITIVE DAMAGES, RELATING TO THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER RELIANCE UPON ANY API, ANY DATA TRANSMITTED VIA AN API OR ANY THIRD PARTYINTERFACE, WHETHER UNDER THIS AGREEMENT OR OTHERWISEANY OTHER PRODUCT OR SERVICE OFFERED BY ENTRATA HEREUNDER, EVEN IF RDLB, INC. WAS ENTRATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENTDAMAGES. RDLB, INCDEVELOPER’S SOLE REMEDY AGAINST ENTRATA FOR DISSATISFACTION WITH THE API IS TO STOP USING THE API. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY THIS LIMITATION OF RELIEF IS A PART OF THE DATA ON WHICH BARGAIN BETWEEN ENTRATA AND DEVELOPER. IF, NOTWITHSTANDING THE FORECASTS AND PROJECTIONS CONTAINED FOREGOING DISCLAIMERS OR ANY OTHER PROVISIONS OF THIS AGREEMENT, ENTRATA IS FOUND TO BE LIABLE FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE ANY WAY CONNECTED WITH THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY USE OF ANY KIND TO SUBSCRIBER API OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBEROTHER ACTIVITY UNDER THIS AGREEMENT, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLBENTRATA’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWWILL IN NO EVENT EXCEED $100.

Appears in 2 contracts

Samples: Developer Interface Agreement, Developer Interface Agreement

Disclaimers and Limitations of Liability. a. THE IRON SOFTWARE AND SERVICES AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS. IRON SHALL NOT BE LIABLE FOR ANY DAMAGES, WITHOUT WARRANTY LOSSES, OR EXPENSES, OF ANY TYPE, KIND TO SUBSCRIBER OR DESCRIPTION, INCURRED OR SUSTAINED BY COMPANY OR BY ANY THIRD PARTYOTHER PERSON OR ENTITY FOR ANY REASON. b. THE WARRANTIES STATED IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES, INCLUDINGEXPRESS, BUT NOT LIMITED TOIMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FOR FITNESS FOR A PARTICULAR PURPOSE. c. NEITHER IRON NOR ITS AFFILIATES, ACCURACY NOR ANY OF INFORMATIONAL CONTENT, AND NON- INFRINGEMENT. RDLB, INC. SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY THEIR RESPECTIVE THIRD PARTY FOR LICENSORS MAKE ANY LOSS OF PROFITSWARRANTIES, LOSS OF USEEXPRESS OR IMPLIED, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT AS TO RESULTS TO BE OBTAINED FROM THE USE OF ANY IRON SOFTWARE OR SERVICES OR THAT THE IRON SOFTWARE OR SERVICES WILL BE ERROR- FREE. d. IN NO EVENT SHALL IRON NOR ITS REPORTS AFFILIATES, NOR ANY OF THEIR RESPECTIVE THIRD PARTY LICENSORS HAVE ANY LIABILITY FOR LOST PROFITS OR THE RDLB WEB SITE BY SUBSCRIBER FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY THIRD PARTY, WHETHER UNDER LIABILITY TO ANY PERSON ARISING OUT OF THIS AGREEMENT OR OTHERWISEAGREEMENT, EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLBLIABILITY. e. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF IRON, INC. HAS MADE ALL REASONABLE EFFORTS ITS AFFILIATES, AND THEIR RESPECTIVE THIRD PARTY LICENSORS HEREUNDER EXCEED THE GREATER OF (I) THE AMOUNTS RECEIVED BY IRON FROM COMPANY DURING THE TWELVE (12) MONTHS PRIOR TO INSURE THE ACCURACY MAKING OF THE DATA ON CLAIM, AND (II) $100, WHICH THE FORECASTS SHALL BE COMPANY’S EXCLUSIVE REMEDY AGAINST IRON, ITS AFFILIATES AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THEIR RESPECTIVE THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWLICENSORS UNDER THIS AGREEMENT. f. All disclaimers herein shall not be applicable to liabilities that cannot be waived under the applicable laws or regulations of the United States (including US State and Federal law) or any other applicable country or jurisdiction.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Disclaimers and Limitations of Liability. THE SERVICES EXCEPT AS SPECIFIED IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “AS IS”WARRANTIES INCLUDING, WITHOUT WARRANTY LIMITATION, ANY IMPLIED WARRANTIES OR CONDTIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose. YOU MAY NOT BE ABLE TO USE LOCATION BASED EMERGENCY PRODUCTS, SUCH AS “911,” USING THE PRODUCTS. WE HAVE NO LIABILITY FOR DAMAGES OR INJURIES, OF ANY KIND TYPE, THAT YOU, EMPLOYEES, AGENTS OR AFFILIATES SUSTAIN BASED ON THE FACT THAT LOCATION BASED PRODUCTS ARE UNAVAILBLE. YOU AGREE DO INDEMNIFY AND HOLD US HARMLESS BASED ON THIRD PARTY CLAIMS BASED IN WHOLE OR IN PART ON THEIR INABILITY TO SUBSCRIBER USE A LOCATION BASED SERVICE. PRODUCTS AND SERVICES PURCHASED THROUGH US ARE SOLD AS-IS. TO THE EXTENT THAT THESE PRODUCTS AND SERVICES HAVE WARRANTIES, YOU AGREE TO LOOK TO THE MANUFACTURER OR SUPPLIER FOR ALL CLAIMS. WARRANTIES MADE BY THESE MANUFACTURERS AND SUPPLIERS MAY NOT BE PASSED THROUGH TO YOU, AND WE EXPRESSLY DISCLAIM ANY OBLIGATION TO AFFECT SUCH A PASS THROUGH SHOULD ONE BE POSSIBLE. IN NO EVENT WILL SUPERB’S LIABILITY HEREUNDER EXCEED THE AGGREGAGE FEES ACTUALLY RECEIVED BY SUPERB FROM CUSTOMER FOR THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM SUPERB SHALL BE INTERPRETED TO INCLUDE SUPERB’S EMPLOYEE’S, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTYPARTIES PROVIDING SERVICES TO CUSTOMER THROUGH SUPERB. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS NEGLIGENCE, HOLD SUPERB OR IMPLIED WARRANTIES OF MERCHANTABILITY ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR FITNESS FOR PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- INFRINGEMENT. RDLB, INC. SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, INTERRUPTION OF BUSINESS, OR ANY DIRECTOTHER PECUNIARY LOSS BY YOU, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ANY OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER YOUR END USERS OR ANY OTHER THIRD PARTY, . YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER UNDER THIS AGREEMENT IN AN ACTION IN CONTRACT OR OTHERWISE, TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF RDLB, INC. WAS SUPERB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INCDAMAGES. SOME JURISDICTIONS DO NOT PERMIT ALLOW THE LIMITATION OR EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. ; YOU AGREE THAT IN SUCH JURISDICTIONS, RDLBTHOSE JURISDICTIONS SUPERB’S LIABILITY IS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Appears in 1 contract

Samples: General Terms and Conditions (Here Enterprises, Inc.)

Disclaimers and Limitations of Liability. THE SERVICES AND INFORMATION PROVIDED BY RDLB ARE PROVIDED U.S. BANK PROVIDES FX WEB TO YOU ON AN “AS IS”, WITHOUT WARRANTY ,” “AS AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO SUBSCRIBER USE OF FX WEB. U.S. BANK DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR ANY THIRD PARTYIMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY EXPRESS OR IMPLIED ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ACCURACY U.S. BANK DOES NOT WARRANT THAT THE OPERATION OF INFORMATIONAL CONTENTFX WEB WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING NECESSARY PRECAUTIONS AGAINST DAMAGE TO YOUR OPERATIONS THAT COULD BE CAUSED BY INTERRUPTIONS OR MALFUNCTIONS OF THIS WEB SITE AND ASSUME THE RISK OF SUCH OCCURRENCES. IN NO EVENT SHALL U.S. BANK, OR ITS SUBSIDIARIES AND NON- INFRINGEMENT. RDLB, INC. SHALL NOT AFFILIATES BE LIABLE TO SUBSCRIBER OR YOU, UNDER ANY THIRD PARTY FOR ANY LOSS THEORY OF PROFITSLIABILITY, LOSS OF USEINCLUDING WITHOUT LIMITATION, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES DAMAGES, THAT ARISE OUT OF ANY KIND THAT MAY RESULT FROM THE YOUR USE OF ITS REPORTS OR THE RDLB FX WEB SITE BY SUBSCRIBER OR ANY THIRD PARTYFAILURE OF PERFORMANCE, WHETHER UNDER THIS AGREEMENT ERROR, OMISSION, INTERRUPTION OR DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE, EVEN IF RDLB, INC. WAS ADVISED U.S. BANK IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Appears in 1 contract

Samples: Foreign Exchange Agreement

Disclaimers and Limitations of Liability. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE SERVICES LIABILITY OF THE HOOPSOURCE ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW APPLIES ONLY UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND INFORMATION PROVIDED AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY RDLB ARE PROVIDED “AGREEING TO THESE TERMS. A. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", WITHOUT WARRANTY "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE HOOPSOURCE ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF ANY KIND TO SUBSCRIBER THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE HOOPSOURCE ENTITIES MAKE NO CLAIMS OR ANY THIRD PARTYPROMISES ABOUT THE QUALITY, INCLUDINGACCURACY, BUT OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE HOOPSOURCE ENTITIES ARE NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- INFRINGEMENT. RDLB, INC. SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY YOU FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE. B. THE HOOPSOURCE ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY MAY INCUR IN PARTY, SUCH AS THE EVENT OF ANY FAILURE BUSINESSES OR INTERRUPTION OF ADVERTISERS LISTED ON THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS SITE'S USERS. ACCORDINGLY, THE HOOPSOURCE ENTITIES ARE NOT LIABLE TO SUBSCRIBERYOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR DUE IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK. C. THE HOOPSOURCE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE HOOPSOURCE ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY. D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER CAUSE RELATING TO SUBSCRIBER’S GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, INABILITY TO ACCESS OR USE OF THE RDLB WEB SITE. E. THE HOOPSOURCE ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY THESE TERMS IS LIMITED TO THE GREATEST EXTENT PERMITTED GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE HOOPSOURCE ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100. F. THE HOOPSOURCE ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA. G. THE HOOPSOURCE ENTITIES MAKE NO REPRESENTATION THAT THE SITE OR SITE CONTENT IS APPROPRIATE OR AVAILABLE USE IN LOCATIONS OUTSIDE THE UNITED STATES, AND ACCESSING THEM IS PROHIBITED IN TERRITORIES WHERE VIEWING OR DOWNLOADING THE SITE CONTENT IS IN VIOLATION OF LOCAL LAW. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

Appears in 1 contract

Samples: Terms of Use

Disclaimers and Limitations of Liability. THE SERVICES PROGRAM AND INFORMATION PROVIDED BY RDLB ANY PROGRAM MATERIALS ARE PROVIDED “AS IS.” WE WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA OR CONTENT, WITHOUT WARRANTY LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY KIND EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR LIABILITY HEREUNDER EXCEED THE AMOUNT OF ROYALTIES DUE AND PAYABLE TO SUBSCRIBER DEVELOPER UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING SUCH CLAIM. WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR ANY THIRD PARTYPRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM OR PROGRAM MATERIALS, INCLUDINGALL WARRANTIES, BUT NOT LIMITED TOEXPRESS, ANY EXPRESS IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- INFRINGEMENT. RDLBYOU ACKNOWLEDGE AND AGREE THAT WE CANNOT ENSURE THAT CONTENT SUBMITTED BY OR ON BEHALF OF YOU WILL BE PROTECTED FROM THEFT OR MISUSE, INC. SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND WE WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY KIND THAT MAY RESULT FROM SECURITY TECHNOLOGY OR PROCEDURE OR OF ANY END USER TO COMPLY WITH ANY TERMS OF USE REGARDING THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT PROGRAM OR OTHERWISE, EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Appears in 1 contract

Samples: App Distribution and Services Agreement

Disclaimers and Limitations of Liability. TO THE SERVICES EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SERVICES, AND INFORMATION PROVIDED BY RDLB MATERIALS AVAILABLE THROUGH PATIENT DIRECT ARE PROVIDED FURNISHED ON AN “AS IS”, ” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY, (INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY EXPRESS OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENTSUITABILITY, SECURITY, ACCURACY, AND NON- INFRINGEMENTNONINFRINGEMENT). RDLBSTANDARD PROCESS AND ITS SUBSIDIARIES, INCAFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “STANDARD PROCESS PARTIES”) MAKE NO REPRESENTATION OR WARRANTY REGARDING THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS, OR PERFORMANCE OF PATIENT DIRECT; THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE, OR OTHER DISABLING DEVICE FROM ANY SOURCE; THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN THE STANDARD PROCESS PARTIES; ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), OR LOSS OR USE OF DATA. SHALL USE OF PATIENT DIRECT IS AT YOUR OWN RISK. YOU AGREE THAT THE STANDARD PROCESS PARTIES ARE NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITSCONSEQUENTIAL, LOSS OF USESPECIAL, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF PUNITIVE DAMAGES. IN NO EVENT SHALL THE STANDARD PROCESS PARTIES’ TOTAL LIABILITY TO YOU FOR ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTYDAMAGES, LOSSES, FEES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER UNDER THIS AGREEMENT IN CONTRACT, TORT, OR OTHERWISE, EVEN OTHERWISE EXCEED THE AMOUNT (IF RDLB, INCANY) PAID BY YOU TO YOUR HEALTH CARE PROFESSIONAL TO PURCHASE THE PARTICULAR PRODUCTS THAT FORM THE BASIS OF YOUR CLAIM OR $100. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IF YOU LIVE IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND A STATE THAT DOES NOT GUARANTEE ALLOW THE ACCURACY WAIVER OF SUCH UNDERLYING DATA CERTAIN WARRANTIES OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY LIMITATIONS OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR DAMAGES WAIVERS DESCRIBED IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCHTHIS SECTION, SOME PORTION OF THE ABOVE LIMITATION THESE PROVISIONS MAY NOT APPLY TO SUBSCRIBERYOU. YOU AGREE TO PROMPTLY NOTIFY STANDARD PROCESS IN SUCH JURISDICTIONSWRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE STANDARD PROCESS PARTIES, RDLBAND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES SHALL BE WAIVED AND RELEASED. Indemnification IN CONSIDERATION OF YOUR USE OF PATIENT DIRECT, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE STANDARD PROCESS PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS, YOUR NEGLIGENT OR WILLFUL MISCONDUCT, YOUR MISUSE OF THE PRODUCTS, YOUR VIOLATION OF LAW, OR YOUR VIOLATION OR THREATENED VIOLATION OF ANY PERSON’S LIABILITY IS LIMITED OR ENTITY’S RIGHTS (INCLUDING, WITHOUT LIMITATION, COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK, OR OTHER PROPRIETARY RIGHTS OR PUBLICITY, CONTRACT, MORAL, CONFIDENTIALITY, OR PRIVACY RIGHTS RELATED TO THE GREATEST EXTENT PERMITTED BY LAW.PRACTITIONER CONTENT OR OTHERWISE). Confidential Information

Appears in 1 contract

Samples: Patient Direct Agreement Terms for Patients

Disclaimers and Limitations of Liability. The Website may include technical inaccuracies or other errors, and your use and browsing of the Website is at your risk. THE SERVICES AND INFORMATION WEBSITE IS PROVIDED BY RDLB ARE PROVIDED “TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND TO SUBSCRIBER KIND, EITHER EXPRESSED OR ANY THIRD PARTYIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- NON-INFRINGEMENT. RDLBIAPD DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, INCOR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHALL IF YOUR USE OF THE WEBSITE OR THE MATERIAL CONTAINED ON IT RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN IAPD WILL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF PROFITSTHE FOREGOING SENTENCES, LOSS OF USE, INTERRUPTION OF BUSINESS, OR INTERIOR ARCHITECTURE AND PRODUCT DESIGN WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND THAT MAY RESULT FROM THE YOUR USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF RDLB, INCWEBSITE. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS DISCLAIMERS AND PROJECTIONS LIMITATIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICSWEBSITE TO YOU. RDLBPlease note that some jurisdictions may not allow the exclusion of implied warranties, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWso some of the above exclusions may not apply to you.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers and Limitations of Liability. THE SERVICES AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “AS IS”EXCEPT FOR A BREACH OF CONFIDENTIALITY OBLIGATIONS, WITHOUT WARRANTY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- INFRINGEMENT. RDLB, INC. IN NO EVENT SHALL NOT EITHER PARTY BE LIABLE TO SUBSCRIBER FOR LOST PROFITS OR ANY THIRD PARTY FOR ANY LOSS REVENUE, COST OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESSSUBSTITUTE GOODS OR SERVICES, OR ANY DIRECTSPECIAL, INDIRECTCONSEQUENTIAL, INCIDENTAL RELIANCE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. EXCEPT FOR ANY KIND THAT MAY RESULT FROM UNAUTHORIZED USE OR EXPLOITATION BY A PARTY OF THE USE OTHER PARTY’S INTELLECTUAL PROPERTY OR A FAILURE TO COMPLY WITH CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT, WITH RESPECT TO EACH RESELLER UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER OF ITS REPORTS NETSUITE’S OR THE RDLB WEB SITE RESELLER’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNTS PAID BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER THE PARTICULAR RESELLER TO NETSUITE UNDER THIS AGREEMENT AGREEMENT. NETSUITE SHALL HAVE NO LIABILITY OR OTHERWISE, EVEN RESPONSIBILITY FOR ANY FAILURE TO COMPLETE DEVELOPMENT IF RDLB, INCNETSUITE USED ITS COMMERCIALLY REASONABLE EFFORTS TO PERFORM THE DEVELOPMENT TO THE EXTENT REQUIRED IN THIS AGREEMENT. WAS THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE AND NOTWITHSTANDING THE ACCURACY FAILURE OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY ESSENTIAL PURPOSE OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWREMEDY STATED HEREIN.

Appears in 1 contract

Samples: Development Fund Agreement (Netsuite Inc)

Disclaimers and Limitations of Liability. 10.1. THE SERVICE EXCHANGE SERVICES AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SLA CREDITS ARE YOUR SOLE MONETARY REMEDY AND OUR SOLE LIABILITY WITH RESPECT TO UNAVAILABILITY OR OTHER SLA PERFORMANCE ISSUES RELATING TO THE SERVICE EXCHANGE SERVICES. WE AND OUR AFFILIATES, WITHOUT WARRANTY SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO SUBSCRIBER KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE EXCHANGE SERVICES, INCLUDING ANY WARRANTY THAT THE SERVICE EXCHANGE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR THAT ANY THIRD PARTYPARTY WILL CONTINUE TO SUPPORT CONNECTIVITY OR YOU. EXCEPT TO THE EXTENT PROHIBITED BY LAW, INCLUDINGWE AND OUR AFFILIATES, BUT NOT LIMITED TOSUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENTNON-INFRINGEMENT, OR QUIET ENJOYMENT, AND NON- INFRINGEMENTANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. 10.2. RDLBEXCEPT AS PROVIDED BELOW IN THIS SECTION, INC. SHALL YOU WILL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY US AND WE (INCLUDING OUR AFFILIATES, SUPPLIERS, AND LICENSORS) WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISEDATA), EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS PROVIDED BELOW IN THIS SECTION, NEITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION 10.2, SHALL INCLUDE OUR AFFILIATES, SUPPLIERS AND LICENSORS) WILL BE RESPONSIBLE TO THE OTHER FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICE EXCHANGE SERVICES, INCLUDING CHANGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE DISCONTINUATION OF ANY OR ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH SERVICE EXCHANGE SERVICES; (B) THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY COST OF SUCH UNDERLYING DATA PROCUREMENT OF SUBSTITUTE GOODS OR STATISTICS. RDLBSERVICES; (C) ANY INVESTMENTS, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBEREXPENDITURES, OR DUE TO COMMITMENTS IN CONNECTION WITH THIS AGREEMENT; OR (D) ANY OTHER CAUSE RELATING TO SUBSCRIBER’S UNAUTHORIZED ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE ALTERATION OF, OR THE REPORTS SUBSCRIBED DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO HEREUNDERSTORE ANY OF YOUR DATA. EXCEPT AS PROVIDED BELOW IN THIS SECTION, WHETHER OR NOT YOUR AGGREGATE LIABILITY TO US AND OUR (INCLUDING OUR AFFILIATES’ AND SUPPLIERS’ AND LICENSORS’) AGGREGATE LIABILITY TO YOU WILL BE LIMITED TO THE CIRCUMSTANCES AMOUNT YOU ACTUALLY PAY US FOR THE SERVICE EXCHANGE SERVICE(S) THAT GAVE RISE TO THE LIABILITY DURING THE 12 MONTHS BEFORE THE MOST RECENT EVENT GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN LIABILITY OCCURRED. THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY IN THIS SECTION WILL NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONSFEES OWED TO US FOR SERVICE EXCHANGE SERVICES PROVIDED OR MADE AVAILALABLE, RDLB’S LIABILITY IS LIMITED EARLY TERMINATION FEES UNDER SECTION 8.4, OR SLA CREDITS OWED TO THE GREATEST EXTENT PERMITTED BY LAWYOU.

Appears in 1 contract

Samples: Service Exchange Agreement

Disclaimers and Limitations of Liability. CAA accepts no responsibility for the opinions and information posted on the Listservs by others. YOU ACKNOWLEDGE THAT THE SERVICES AND INFORMATION PROVIDED BY RDLB LISTSERVS ARE PROVIDED TO YOU ON AN "AS IS, WITHOUT WITH ALL FAULTS" BASIS. CAA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TOFITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY TITLE OR FITNESS FOR PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- NON-INFRINGEMENT. RDLBSOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, INCOR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. CAA SHALL NOT BE LIABLE TO SUBSCRIBER YOU OR ANY THIRD PARTY FOR ANY LOSS LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR PARTICIPATION IN THE LISTSERVS OR ITS CONTENT. YOU ALSO AGREE THAT CAA SHALL NOT IN ANY DIRECT, INDIRECTEVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR INABILITY TO USE THE RDLB WEB SITE BY SUBSCRIBER OR LISTSERVS FOR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISEPURPOSE WHATSOEVER, EVEN IF RDLB, INC. WAS CAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE ARISE ANY LIABILITY ON THE ACCURACY PART OF CAA BY VIRTUE OF THIS AGREEMENT OR BECAUSE OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLBRELATIONSHIP THEREBY ESTABLISHED, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY WHETHER DUE TO ANY LOSS THE NEGLIGENCE OF CAA OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO SUBSCRIBER$100.00, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR AS LIQUIDATED DAMAGES AND NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INCAS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. SOME JURISDICTIONS STATES DO NOT PERMIT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO SUBSCRIBERYOU. YOU ACKNOWLEDGE AND AGREE THAT CAA WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE LISTSERVS. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD CAA HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS. THE PROVISIONS CONTAINED IN SUCH JURISDICTIONS, RDLB’S THIS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWSECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Appears in 1 contract

Samples: Listserv Terms of Agreement

Disclaimers and Limitations of Liability. THE SERVICES AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “AS IS”EXCEPT FOR A BREACH OF CONFIDENTIALITY OBLIGATIONS, WITHOUT WARRANTY IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR LOST PROFITS OR REVENUE, COST OF ANY KIND TO SUBSCRIBER SUBSTITUTE GOODS OR SERVICES, OR ANY THIRD SPECIAL, CONSEQUENTIAL, RELIANCE, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. EXCEPT FOR ANY UNAUTHORIZED USE OR EXPLOITATION BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY OR A FAILURE TO COMPLY WITH CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT, INCLUDINGWITH RESPECT TO EACH RESELLER UNDER THIS AGREEMENT, BUT NOT LIMITED TOIN NO EVENT SHALL EITHER OF NETSUITE’S, NETSUITE KK’S, OR THE RESELLER’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNTS PAID BY THE PARTICULAR RESELLER TO NETSUITE AND NETSUITE KK UNDER THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NETSUITE AND NETSUITE KK SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY EXPRESS FAILURE TO COMPLETE DEVELOPMENT IF NETSUITE USED ITS COMMERCIALLY REASONABLE EFFORTS TO PERFORM THE DEVELOPMENT TO THE EXTENT REQUIRED IN THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NETSUITE AND NETSUITE KK SHALL HAVE NO LIABILITY OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, RESPONSIBILITY TO THE COMPANY DUE TO ANY DIFFERENCES BETWEEN THIS AGREEMENT AND NON- INFRINGEMENT. RDLBTHE DEVELOPMENT FUND AGREEMENT TO WHICH TRANSCOSMOS, INC. IS A PARTY. THE FOREGOING LIMITATIONS SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD APPLY REGARDLESS OF WHETHER EITHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF RDLB, INC. WAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE AND NOTWITHSTANDING THE ACCURACY FAILURE OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY ESSENTIAL PURPOSE OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWREMEDY STATED HEREIN.

Appears in 1 contract

Samples: Development Fund Agreement (Netsuite Inc)

Disclaimers and Limitations of Liability. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE SERVICES LIABILITY OF IOG ENTITIES TO YOU. a. WE ARE PROVIDING YOU THE PRODUCTS, SERVICES, INFORMATION, OUR CONTENT AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “MATERIALS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTYKIND, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED IMPLIED. WITHOUT LIMITING THE FOREGOING, THE IOG ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENTQUIET ENJOYMENT, AND NON- NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. RDLBNOTHING CONTAINED IN THE PRODUCTS IS INTENDED TO BE LEGAL, INCFINANCIAL, OR TAX ADVICE. b. THE IOG ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE PRODUCTS, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE IOG PRODUCTS, AND (iv) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY IOG PRODUCT. c. THE IOG ENTITIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF ANY OF ITS WEBSITES. YOU ACKNOWLEDGE ANY INFORMATION SENT THROUGH A WEBSITE MAY BE INTERCEPTED. THE IOG ENTITIES DO NOT WARRANT THAT ITS WEBSITES OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY IOG ENTITIES ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. THE IOG ENTITIES DO NOT WARRANT THAT ANY E-MAIL OR OTHER ELECTRONIC CORRESPONDENCE BEING SENT TO IOG WILL BE TIMELY RECEIVED OR PROCESSED. THE IOG ENTITIES SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENCES OF NOT TIMELY RECEIVING OR PROCESSING ANY E-MAIL OR OTHER ELECTRONIC CORRESPONDENCE. d. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE IOG ENTITIES WILL NOT BE LIABLE TO SUBSCRIBER YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE IOG ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR ANY THIRD PARTY FOR ANY EXEMPLARY DAMAGES, LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES LOSS OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, DATA (EVEN IF RDLB, INC. WAS THE IOG ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENTSUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY IOG PRODUCTS OR (ii) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED DOLLARS (USD$100). RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY YOUR USE OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLBPRODUCTS, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBERINFORMATION, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY SERVICES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWAT YOUR SOLE RISK.

Appears in 1 contract

Samples: Terms of Use

Disclaimers and Limitations of Liability. THE SERVICES SERVICE AND INFORMATION PROVIDED BY RDLB THE CONTENT ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS AND ALL CONDITIONS, WITHOUT REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTYMERCHANTABILITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY NON-INFRINGEMENT, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF INFORMATIONAL CONTENTDEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND NON- INFRINGEMENTANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS. RDLBTHERE IS NO WARRANTY, INC. SHALL NOT REPRESENTATION, OR GUARANTEE THAT THE SERVICE, OR YOUR USE OF THE SERVICE, WILL BE LIABLE TO SUBSCRIBER UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICE, OR ANY THIRD PARTY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, AND YOUR RELIANCE THEREON. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE. NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER THE COMPANY NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF USEDATA) UNDER ANY CONTRACT, INTERRUPTION OF BUSINESSNEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY DIRECTMANNER TO THE SERVICE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER AND/OR ANY THIRD PARTYLINKED WEBSITE, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF RDLB, INC. WAS ADVISED NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENTLIABILITIES. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS COMPANY’S MAXIMUM AGGREGATE LIABILITY TO INSURE YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA SERVICE OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY THESE TERMS IS LIMITED TO THE GREATEST EXTENT PERMITTED AMOUNT PAID, IF ANY, BY LAWYOU TO COMPANY IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. NEITHER THE COMPANY NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES, OR OTHER LIABILITY INCURRED BY YOU (A) AS A RESULT OF ANY INACCURACY, INCOMPLETENESS, OR MISREPRESENTATION OF ANY INFORMATION, OFFER, CONTENT, OR SUBMISSIONS PROVIDED OR POSTED ON THE SERVICE BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION MEETING SPACE PROVIDERS, OR (B) ARISING FROM OR RELATED TO ANY THIRD PARTY CONTRACT.

Appears in 1 contract

Samples: Terms of Service

Disclaimers and Limitations of Liability. The limited remedies described herein are the sole and exclusive remedy and Seller’s sole responsibility under this Limited Warranty. TO THE SERVICES MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “EXCEPT AS IS”STATED ABOVE IN THIS LIMITED WARRANTY, WITHOUT WARRANTY SELLER MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND TO SUBSCRIBER KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR ANY THIRD PARTYOTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENTTITLE, OR NON-INFRINGEMENT, AND NON- INFRINGEMENTANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. RDLBSOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS AND LIMITATIONS. IN SUCH AN EVENT, INCSUCH EXCLUSION AND LIMITATION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND THE DURATION OF ANY IMPLIED WARRANTIES WILL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. SHALL NOT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL SELLER, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF USE, INTERRUPTION OF BUSINESSDATA, OR ANY DIRECTOTHER PECUNIARY LOSS), INDIRECTARISING OUT OF, INCIDENTAL BASED ON, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT RESULTING FROM THIS LIMITED WARRANTY, OR THE USE OF ITS REPORTS OF, MISUSE OF, OR INABILITY TO USE THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISEGOODS, EVEN IF RDLBSELLER (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, INC. WAS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES), AND SELLER’S (AND ITS AFFILIATES’ AND ITS AND THEIR OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’, CONTRACTORS’, SUPPLIERS’, AND LICENSORS’) TOTAL CUMULATIVE LIABILITY ARISING OUT OF, BASED ON, OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE RESULTING FROM THIS LIMITED WARRANTY OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY GOODS IS LIMITED TO THE GREATEST EXTENT PERMITTED AMOUNT ACTUALLY PAID FOR THE GOODS BY LAW.THE BUYER. How to Make a Warranty Claim: Buyer (or a subsequent owner) must notify Seller of any warranty claims and request a Return Material Authorization (“RMA”) by contacting (i) your place of purchase (e.g., Seller’s branch, retailer, distributor or wholesaler) or

Appears in 1 contract

Samples: Limited Warranty

Disclaimers and Limitations of Liability. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE SERVICES LIABILITY OF LAWCLERK AND INFORMATION PROVIDED BY RDLB ARE PROVIDED ITS AFFILIATES AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “LAWCLERK ENTITIES”). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. 1. THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, WITHOUT WARRANTY “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF ANY KIND TO SUBSCRIBER THE SITE IS AT YOUR OWN DISCRETION AND RISK. LAWCLERK ENTITIES MAKE NO CLAIMS OR ANY THIRD PARTYPROMISES ABOUT THE QUALITY, INCLUDINGACCURACY, BUT OR RELIABILITY OF THE SITE OR THE SITE CONTENT. ACCORDINGLY, XXXXXXXX ENTITIES ARE NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- INFRINGEMENT. RDLB, INC. SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY YOU FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF LAWCLERK. 2. LAWCLERK ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED OR ADVERTISED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF LAWCLERK ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY. 3. OTHER THAN THE DISPUTE RESOLUTION PROCEDURES DISCUSSED ABOVE, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, SERVICES, OR ANY THIRD PARTY MAY INCUR IN THE EVENT OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE OF, THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWSITE.

Appears in 1 contract

Samples: User Agreement

Disclaimers and Limitations of Liability. THE SERVICES PROGRAM AND INFORMATION PROVIDED BY RDLB ANY PROGRAM MATERIALS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- INFRINGEMENT. RDLB, INC. SHALL NOT .” WE WILL IN NO EVENT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITSDATA OR CONTENT, LOSS OF USEPROFITS, INTERRUPTION COST OF BUSINESSCOVER OR OTHER SPECIAL, OR ANY DIRECTINCIDENTAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY EQUITABLE REMEDY OF ANY KIND THAT MAY RESULT FROM DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR LIABILITY HEREUNDER EXCEED THE USE AMOUNT OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER ROYALTIES DUE AND PAYABLE TO DEVELOPER UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING SUCH CLAIM. WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM OR PROGRAM MATERIALS, ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT ENSURE THAT CONTENT SUBMITTED BY OR ON BEHALF OF YOU WILL BE PROTECTED FROM THEFT OR MISUSE, AND WE WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY SECURITY TECHNOLOGY OR PROCEDURE OR OF ANY END USER TO COMPLY WITH ANY TERMS OF USE REGARDING THE PROGRAM OR OTHERWISE, EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Appears in 1 contract

Samples: App Distribution and Services Agreement (TBC Global News Network, Inc.)

Disclaimers and Limitations of Liability. 10.1. THE SERVICE EXCHANGE SERVICES AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SLA CREDITS ARE YOUR SOLE MONETARY REMEDY AND OUR SOLE LIABILITY WITH RESPECT TO UNAVAILABILITY OR OTHER SLA PERFORMANCE ISSUES RELATING TO THE SERVICE EXCHANGE SERVICES. WE AND OUR AFFILIATES, WITHOUT WARRANTY SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO SUBSCRIBER KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE EXCHANGE SERVICES, INCLUDING ANY WARRANTY THAT THE SERVICE EXCHANGE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR THAT ANY THIRD PARTYPARTY WILL CONTINUE TO SUPPORT CONNECTIVITY OR YOU. EXCEPT TO THE EXTENT PROHIBITED BY LAW, INCLUDINGWE AND OUR AFFILIATES, BUT NOT LIMITED TOSUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENTNON- INFRINGEMENT, OR QUIET ENJOYMENT, AND NON- INFRINGEMENTANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. 10.2. RDLBEXCEPT AS PROVIDED BELOW IN THIS SECTION, INC. SHALL YOU WILL NOT BE LIABLE TO SUBSCRIBER US AND WE (INCLUDING OUR AFFILIATES, SUPPLIERS, AND LICENSORS) WILL NOT BE LIABLE TO YOU FOR (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY THIRD PARTY EXEMPLARY DAMAGES OR (II) DAMAGES FOR ANY LOSS OF PROFITS, LOSS OF GOODWILL, USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, DATA) EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS PROVIDED BELOW IN THIS SECTION, NEITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION 10.2, SHALL INCLUDE OUR AFFILIATES, SUPPLIERS AND LICENSORS) WILL BE RESPONSIBLE TO THE OTHER FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICE EXCHANGE SERVICES, INCLUDING CHANGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE DISCONTINUATION OF ANY OR ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH SERVICE EXCHANGE SERVICES; (B) THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY COST OF SUCH UNDERLYING DATA PROCUREMENT OF SUBSTITUTE GOODS OR STATISTICS. RDLBSERVICES; (C) ANY INVESTMENTS, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBEREXPENDITURES, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. COMMITMENTS IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.CONNECTION WITH THIS AGREEMENT; OR

Appears in 1 contract

Samples: Service Exchange Terms and Conditions

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Disclaimers and Limitations of Liability. (a) Warranty Disclaimer THE SERVICES SERVICE IS PROVIDED ‘AS-IS’ WITHOUT REPRESENTATIONS, WARRANTIES, CONDITIONS AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “AS IS”, WITHOUT WARRANTY INDEMNITIES OF ANY KIND TO SUBSCRIBER KIND, EITHER EXPRESS OR ANY THIRD PARTYIMPLIED. GRAVELHUB DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY UNINTERRUPTED OR ERROR-FREE OPERATION, TITLE, NON-INFRINGEMENT OR OTHER VIOLATION OF INFORMATIONAL CONTENTRIGHTS, AND NON- INFRINGEMENTOR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. RDLBGRAVELHUB DOES NOT PROVIDE ANY REPRESENTATIONS, INCWARRANTIES, CONDITIONS OR INDEMNITIES REGARDING THE USE, VALIDITY, ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR RELIABILITY OF, OR ANY RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE SERVICE OR ANY INFORMATION OR OTHER MATERIALS MADE AVAILABLE THROUGH THE SERVICE. GRAVELHUB DOES NOT ASSUME ANY OBLIGATION TO UPDATE THE SOFTWARE AND/OR SERVICE OR ADVISE OF ANY FURTHER DEVELOPMENTS WITH RESPECT TO THE SOFTWARE AND/OR SERVICE. (b) Limitation of Liability UNDER NO CIRCUMSTANCES SHALL NOT GRAVELHUB BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, INTERRUPTION DATA, PROFIT, OPPORTUNITY OR SAVINGS, ARISING OUT OF BUSINESSOR IN ANY WAY RELATED TO THE USE, OR ANY DIRECT, INDIRECT, INCIDENTAL THE INABILITY TO USE OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM ACCESS THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER SERVICE OR ANY THIRD PARTYINFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE WHETHER BASED IN CONTRACT, WHETHER UNDER THIS AGREEMENT TORT, NEGLIGENCE OR OTHERWISE, EVEN IF RDLB, INC. WAS GRAVELHUB OR AN AUTHORIZED REPRESENTATIVE OF GRAVELHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENTDAMAGES. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY IF YOUR USE OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER SERVICE OR ANY THIRD PARTY DUE TO ANY LOSS INFORMATION OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE RESULTS IN THE EVENT NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY FAILURE COSTS THEREOF. (c) Third Party Use Disclaimer YOU EXPRESSLY ACKNOWLEDGE THAT THE SOFTWARE RUNS ON AND THE UPLOADED DATA IS PROCESSED ON NETWORKS OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBERPLATFORMS OWNED AND OPERATED BY THIRD PARTIES. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED NO CIRCUMSTANCES SHALL GRAVELHUB BE RESPONSIBLE OR LIABLE FOR ANY DATA BREACH NOT CAUSED DIRECTLY BY LAWGRAVELHUB.

Appears in 1 contract

Samples: Terms of Use

Disclaimers and Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 16.1 YOUR USE OF THE SERVICES AND INFORMATION SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED BY RDLB ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, SAA, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES), WITHOUT WARRANTY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO SUBSCRIBER KIND, WHETHER EXPRESS OR ANY THIRD PARTYIMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, A PURPOSE AND NON- INFRINGEMENT. RDLBWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INC. THE COMPANY PARTIES MAKE NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE SERVICE 16.2 THE COMPANY PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO SUBSCRIBER THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY LIABILITY RELATING TO THE SERVICE OR ANY THIRD PARTY FOR PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY LOSS OF PROFITSKIND, LOSS OF USE, INTERRUPTION OF BUSINESS, OR INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTYDAMAGES, WHETHER UNDER THIS AGREEMENT BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF RDLB, INC. WAS ADVISED AN INDIVIDUAL ADVISES THE COMPANY PARTIES OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENTDAMAGES. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE DATA BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE INFORMATION AND SERVICES OFFERED ON WHICH AND THROUGH THE FORECASTS SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. 16.3 NOTWITHSTANDING THE FOREGOING, THE SOLE AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR ENTIRE MAXIMUM LIABILITY OF THE COMPANY PARTIES FOR ANY KIND REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO SUBSCRIBER OR ANY THIRD PARTY DUE THE CHARGES PAID BY YOU DIRECTLY TO ANY LOSS OR DAMAGE THE COMPANY FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY COMPANY TO YOU. 16.4 YOU AGREE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT REGARDLESS OF ANY FAILURE STATUTE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS LAW TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. THE 16.5 SOME JURISDICTIONS DO NOT PERMIT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL CERTAIN TYPES OF DAMAGES, AND, AS SUCH. ACCORDINGLY, SOME PORTION OF THE ABOVE LIMITATION DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWYOU.

Appears in 1 contract

Samples: Services Agreement

Disclaimers and Limitations of Liability. This Site may include technical inaccuracies or other errors, and your use and browsing of this Site is at your risk. THIS SITE AND THE SERVICES AND INFORMATION PROVIDED BY RDLB CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND TO SUBSCRIBER KIND, EITHER EXPRESSED OR ANY THIRD PARTYIMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PUL DOES NOT WARRANT THAT THIS SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE, CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, PUL DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AVAILABLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND PUL IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. YOUR USE OF THIS SITE AND THE CONTENT IS AT YOUR OWN RISK. IF YOUR USE OF THIS SITE OR THE CONTENT CONTAINED ON THIS SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, YOU ARE SOLELY RESPONSIBLE THEREFOR AND PUL WILL NOT BE LIABLE FOR THOSE COSTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TOTO BREACH OF CONTRACT, ANY EXPRESS TORT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSENEGLIGENCE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- INFRINGEMENT. RDLB, INC. SHALL NOT WILL PUL BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY KIND THAT MAY RESULT CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENTDAMAGES. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS DISCLAIMERS AND PROJECTIONS LIMITATIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY THIS PARAGRAPH ARE A MATERIAL PART OF SUCH UNDERLYING DATA OR STATISTICSOUR AGREEMENT TO PROVIDE THIS SITE TO YOU. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. BECAUSE SOME JURISDICTIONS DO NOT PERMIT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBERYOU. IN SUCH JURISDICTIONSNO EVENT SHALL PUL BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, RDLB’S TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL PUL'S TOTAL LIABILITY IS LIMITED TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (IF ANY) EXCEED, IN THE GREATEST EXTENT PERMITTED AGGREGATE, THE AMOUNT, IF ANY, PAID BY LAWYOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SITE. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 000 X Xx., Xxxxx 0000, Xxxxxxxxxx, Xxxxxxxxxx, 00000, or by telephone at 000.000.0000. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Appears in 1 contract

Samples: Website Terms and Conditions of Use

Disclaimers and Limitations of Liability. ACLEA accepts no responsibility for the opinions and information posted on the Listservs by others. YOU ACKNOWLEDGE THAT THE SERVICES AND INFORMATION PROVIDED BY RDLB LISTSERVS ARE PROVIDED TO YOU ON AN "AS IS, WITHOUT WITH ALL FAULTS" BASIS. ACLEA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TOFITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS IM- PLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY TITLE OR FITNESS FOR PARTICULAR PURPOSENONINFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, ACCURACY OF INFORMATIONAL CONTENTOR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND NON- INFRINGEMENTSO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RDLB, INC. ACLEA SHALL NOT BE LIABLE LI- ABLE TO SUBSCRIBER YOU OR ANY THIRD PARTY FOR ANY LOSS LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR PARTICIPATION IN THE LISTSERVS OR ITS CONTENT. YOU ALSO AGREE THAT ACLEA SHALL NOT IN ANY DIRECT, INDIRECTEVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL CON- SEQUENTIAL DAMAGES ARISING OUT OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR INABILITY TO USE THE RDLB WEB SITE BY SUBSCRIBER OR LISTSERVS FOR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISEPUR- POSE WHATSOEVER, EVEN IF RDLB, INC. WAS ACLEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES. NOTWITH- STANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE ARISE ANY LIABILITY ON THE ACCURACY PART OF ACLEA BY VIRTUE OF THIS AGREEMENT OR BECAUSE OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLBRELATIONSHIP THEREBY ESTABLISHED, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY WHETHER DUE TO ANY LOSS THE NEGLIGENCE OF ACLEA OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO SUBSCRIBER$100.00, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR AS LIQUIDATED DAMAGES AND NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INCAS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLU- SIVE. SOME JURISDICTIONS STATES DO NOT PERMIT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO SUBSCRIBERYOU. YOU ACKNOWLEDGE AND AGREE THAT ACLEA WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VI- RUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE LISTSERVS. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD ACLEA HARMLESS) FOR DETECT- ING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIP- MENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS. THE PROVISIONS CONTAINED IN SUCH JURISDICTIONS, RDLB’S THIS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWSECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimers and Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES WEB SITE, THE CREDIT REPORTS, AND CONTENT IS AT YOUR SOLE RISK. ALL CREDIT REPORTS (AND THE INFORMATION PROVIDED BY RDLB CONTAINED THEREIN) ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. CREDCO, WITHOUT WARRANTY FAMS AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES, REPRESENTATIONS AND CONDITIONS OF ANY KIND TO SUBSCRIBER WHETHER EXPRESS OR ANY THIRD PARTYIMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THIS WEB SITE, OR THE CREDIT REPORTS DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. CREDCO, FAMS AND THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION THAT (I) THE CREDIT REPORTS (AND THE INFORMATION CONTAINED THEREIN) ARE ACCURATE, COMPLETE OR VALID, (II) THE CREDIT REPORTS WILL BE DELIVERED IN A TIMELY FASHION, (III) THE CREDIT REPORTS WILL BE DELIVERED ON AN UNINTERRUPTED BASIS OR BE ERROR-FREE; AND (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INFORMATIONAL CONTENTTHE CREDIT REPORTS WILL BE RELIABLE. YOU UNDERSTAND AND AGREE THAT CREDCO, FAMS AND NON- INFRINGEMENT. RDLB, INC. SHALL THEIR SUPPLIERS WILL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OF RESULTING FROM OR IN ANY KIND THAT MAY RESULT FROM WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE USE OF ITS REPORTS WEBSITE, OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISECREDIT REPORTS, EVEN IF RDLBCREDCO, INC. WAS FAMS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INCTHOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT PERMIT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON CREDCO OR FAMS, THEN YOU AGREE THAT CREDCO’S AND FAMS’S TOTAL LIABILITY TO YOU FOR CONSEQUENTIAL ANY OR INCIDENTAL DAMAGESALL OF YOUR LOSSES OR INJURIES FROM FAMS’S OR CREDCO’S ACTS OR OMISSIONS, AND, AS SUCH, SOME PORTION REGARDLESS OF THE ABOVE LIMITATION MAY NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT APPLY EXCEED THE AMOUNT PAID BY YOU FOR THE CREDIT REPORT TO SUBSCRIBERWHICH YOUR CLAIM RELATES. IN SUCH JURISDICTIONSFAMS/Credco offers access to your Credit Report and other credit information. Neither FAMS nor Credco are credit repair organizations, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWand are not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. You acknowledge and agree that you are not seeking to purchase, use or access any of the Credit Reports, the Website or content in order to do so. Accurate adverse information in your Credit Report cannot be changed. If you believe that your Credit Report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant Repository, and follow the appropriate procedures for notifying the Repository that you believe that your Credit Report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various Repositories related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free. These terms and conditions, the Privacy Policy, and other policies Credco/FAMS may post to this Website, constitute the entire agreement between Credco/FAMS and you in connection with your use of the Credit Reports, and supersede any prior versions of the terms and conditions, if applicable. Credco/FAMS may update these terms and conditions from time to time by posting revised terms and conditions on this Web Site, without notice to you, and your subsequent use of the Web Site is governed by those new terms and conditions. The terms and conditions are effective until terminated by Credco and/or FAMS. In the event of termination, the Disclaimers and Limitations of Liability provisions set forth in these Terms and Conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in this Website, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect. Credco’s/FAMS’s policy on how your personal information is used and disclosed is contained in Credco’s/FAM’s Privacy Policy. The Credit Reports provided under these Terms and Conditions are web-based and you agree to accept this notification, revisions, and the provision of an annual notice electronically through this Website.

Appears in 1 contract

Samples: Joint Marketing Agreement (Steel Vault Corp)

Disclaimers and Limitations of Liability. a. THE IRON SOFTWARE AND SERVICES AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS. IRON SHALL NOT BE LIABLE FOR ANY DAMAGES, WITHOUT WARRANTY LOSSES, OR EXPENSES, OF ANY TYPE, KIND TO SUBSCRIBER OR DESCRIPTION, INCURRED OR SUSTAINED BY COMPANY OR BY ANY THIRD PARTYOTHER PERSON OR ENTITY FOR ANY REASON. b. THE WARRANTIES STATED IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES, INCLUDINGEXPRESS, BUT NOT LIMITED TOIMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FOR FITNESS FOR A PARTICULAR PURPOSE. c. NEITHER IRON NOR ITS AFFILIATES, ACCURACY NOR ANY OF INFORMATIONAL CONTENT, AND NON- INFRINGEMENT. RDLB, INC. SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY THEIR RESPECTIVE THIRD PARTY FOR LICENSORS MAKE ANY LOSS OF PROFITSWARRANTIES, LOSS OF USEEXPRESS OR IMPLIED, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT AS TO RESULTS TO BE OBTAINED FROM THE USE OF ANY IRON SOFTWARE OR SERVICES OR THAT THE IRON SOFTWARE OR SERVICES WILL BE ERROR-FREE. d. IN NO EVENT SHALL IRON NOR ITS REPORTS AFFILIATES, NOR ANY OF THEIR RESPECTIVE THIRD PARTY LICENSORS HAVE ANY LIABILITY FOR LOST PROFITS OR THE RDLB WEB SITE BY SUBSCRIBER FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY THIRD PARTY, WHETHER UNDER LIABILITY TO ANY PERSON ARISING OUT OF THIS AGREEMENT OR OTHERWISEAGREEMENT, EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLBLIABILITY. e. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF IRON, INC. HAS MADE ALL REASONABLE EFFORTS ITS AFFILIATES, AND THEIR RESPECTIVE THIRD PARTY LICENSORS HEREUNDER EXCEED THE GREATER OF (I) THE AMOUNTS RECEIVED BY IRON FROM COMPANY DURING THE TWELVE (12) MONTHS PRIOR TO INSURE THE ACCURACY MAKING OF THE DATA ON CLAIM, AND (II) $100, WHICH THE FORECASTS SHALL BE COMPANY’S EXCLUSIVE REMEDY AGAINST IRON, ITS AFFILIATES AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THEIR RESPECTIVE THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWLICENSORS UNDER THIS AGREEMENT. f. All disclaimers herein shall not be applicable to liabilities that cannot be waived under the applicable laws or regulations of the United States (including US State and Federal law) or any other applicable country or jurisdiction.

Appears in 1 contract

Samples: License Agreement

Disclaimers and Limitations of Liability. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE SERVICES LIABILITY OF IOG ENTITIES TO YOU. a. WE ARE PROVIDING YOU THE PRODUCTS, SERVICES, INFORMATION, OUR CONTENT AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “MATERIALS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTYKIND, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED IMPLIED. WITHOUT LIMITING THE FOREGOING, THE IOG ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENTQUIET ENJOYMENT, AND NON- NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. RDLBNOTHING CONTAINED IN THE PRODUCTS IS INTENDED TO BE LEGAL, INCFINANCIAL, OR TAX ADVICE. b. THE IOG ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE PRODUCTS, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE IOG PRODUCTS, AND (iv) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY IOG PRODUCT. c. THE IOG ENTITIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF ANY OF ITS WEBSITES. YOU ACKNOWLEDGE ANY INFORMATION SENT THROUGH A WEBSITE MAY BE INTERCEPTED. THE IOG ENTITIES DO NOT WARRANT THAT ITS WEBSITES OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY IOG ENTITIES ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. THE IOG ENTITIES DO NOT WARRANT THAT ANY E-MAIL OR OTHER ELECTRONIC CORRESPONDENCE BEING SENT TO IOG WILL BE TIMELY RECEIVED OR PROCESSED. THE IOG ENTITIES SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENCES OF NOT TIMELY RECEIVING OR PROCESSING ANY E-MAIL OR OTHER ELECTRONIC CORRESPONDENCE. d. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE IOG ENTITIES WILL NOT BE LIABLE TO SUBSCRIBER YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE IOG ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR ANY THIRD PARTY FOR ANY EXEMPLARY DAMAGES, LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES LOSS OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, DATA (EVEN IF RDLB, INC. WAS THE IOG ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENTSUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY IOG PRODUCTS OR (ii) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED DOLLARS (USD$100). RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY YOUR USE OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLBPRODUCTS, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBERINFORMATION, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY SERVICES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWAT YOUR SOLE RISK.

Appears in 1 contract

Samples: Terms of Use

Disclaimers and Limitations of Liability. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE SERVICES LIABILITY OF THE Xxxxxxxxxx.xxx ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND INFORMATION PROVIDED AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY RDLB ARE PROVIDED “AGREEING TO THESE TERMS. A. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", WITHOUT WARRANTY "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE Xxxxxxxxxx.xxx ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF ANY KIND TO SUBSCRIBER THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE Xxxxxxxxxx.xxx ENTITIES MAKE NO CLAIMS OR ANY THIRD PARTYPROMISES ABOUT THE QUALITY, INCLUDINGACCURACY, BUT OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE Xxxxxxxxxx.xxx ENTITIES ARE NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- INFRINGEMENT. RDLB, INC. SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY YOU FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS, METRICS OR REVIEW FILTER FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE. B. THE Xxxxxxxxxx.xxx ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY MAY INCUR IN PARTY, SUCH AS THE EVENT OF ANY FAILURE BUSINESSES OR INTERRUPTION OF ADVERTISERS LISTED ON THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS SITE'S USERS. ACCORDINGLY, THE Xxxxxxxxxx.xxx ENTITIES ARE NOT LIABLE TO SUBSCRIBERYOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR DUE IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK. C. THE Xxxxxxxxxx.xxx ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE Xxxxxxxxxx.xxx ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY. D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER CAUSE RELATING TO SUBSCRIBER’S GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, INABILITY TO ACCESS OR USE OF THE RDLB WEB SITE. E. THE Xxxxxxxxxx.xxx ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY THESE TERMS IS LIMITED TO THE GREATEST EXTENT PERMITTED GREATER OF (i) THE AMOUNT PAID, IF ANY, BY LAWYOU TO THE Xxxxxxxxxx.xxx ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100. F. THE Xxxxxxxxxx.xxx ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers and Limitations of Liability. THE USER AGREES THAT THE USE OF THE APP OR SITE, ANY DRAFTCATS WEB SITE, AND ANY SOFTWARE OBTAINED THROUGH OR IN CONNECTION WITH THE APP OR SITE SITE (“SOFTWARE”) IS AT THE USER’S SOLE RISK. NEITHER DRAFTCATS, ITS CONTENT PROVIDERS NOR ANY OF THEIR RESPECTIVE MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE APP OR SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SOFTWARE WILL BE ERROR- FREE. NEITHER DRAFTCATS NOR ANY OF THE FOREGOING PERSONS MAKES ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE APP OR SITE. THE APP OR SITE AND INFORMATION PROVIDED BY RDLB USE OF ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY WARRANTIES OF ANY KIND TO SUBSCRIBER KIND, EITHER EXPRESS OR ANY THIRD PARTYIMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS OR TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DRAFTCATS HEREBY EXPRESSLY DISCLAIMS, ACCURACY ON ITS OWN BEHALF AND ON BEHALF OF INFORMATIONAL CONTENTITS CONTENT PROVIDERS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND NON- INFRINGEMENTINCAPABLE OF EXCLUSIONS, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. RDLBTHE USER’S SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, INCERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE, SHALL BE TO TERMINATE THE USER ACCOUNT. SHALL NOT IN NO EVENT WILL COMPANY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE APP OR SITE OR ANY SOFTWARE OR CONTENT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR INABILITY TO USE THE RDLB WEB SITE BY SUBSCRIBER APP OR SITE, SOFTWARE, OR CONTENT OR OUT OF THE BREACH OF ANY WARRANTY OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWCAUSE.

Appears in 1 contract

Samples: Terms of Use Agreement

Disclaimers and Limitations of Liability. THE SERVICES AND INFORMATION This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED BY RDLB ARE PROVIDED “TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND TO SUBSCRIBER KIND, EITHER EXPRESSED OR ANY THIRD PARTYIMPLIED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- NON-INFRINGEMENT. RDLBProTechnology DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, INCOR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHALL IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN ProTechnology WILL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF PROFITSTHE FOREGOING SENTENCES, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ProTechnology WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND THAT MAY RESULT FROM THE YOUR USE OF ITS REPORTS OR THIS WEBSITE. THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS DISCLAIMERS AND PROJECTIONS LIMITATIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY THIS PARAGRAPH ARE A MATERIAL PART OF SUCH UNDERLYING DATA OR STATISTICSOUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. RDLBPlease note that some jurisdictions may not allow the exclusion of implied warranties, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWso some of the above exclusions may not apply to you.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimers and Limitations of Liability. THE SOFTWARE AND ASSOCIATED SERVICES AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “AS IS”, ” AND “AS AVAILABLE” WITHOUT WARRANTY WARRANTIES OF ANY KIND TO SUBSCRIBER KIND. CHIROFUSION SPECIFICALLY DISCLAIMS ALL WARRANTIES EXPRESS OR ANY THIRD PARTY, IMPLIED INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE WITH RESPECT TO THE SOFTWARE, ACCURACY OPERATION OF INFORMATIONAL CONTENTTHE SOFTWARE, ANY PARTICULAR APPLICATION OR USE OF THE SOFTWARE, AND NON- INFRINGEMENTTHE SERVICES PROVIDED BY CHIROFUSION. RDLBCHIROFUSION MAKES NO WARRANTY (I) THAT THE SOFTWARE AND ASSOCIATED SERVICES WILL BE UNINTERRUPTED, INC. SHALL NOT BE LIABLE TO SUBSCRIBER TIMELY, SECURE, ERROR-FREE, OR VIRUS FREE; OR (II) REGARDING ANY THIRD PARTY SOFTWARE, SERVICES, WEBSITES OR TOOLS INCORPORATED INTO THE SOFTWARE. IN NO EVENT SHALL CHIROFUSION BE HELD LIABLE FOR ANY LOSS DAMAGES, LOSSES, COSTS OR LIABILITIES ASSOCIATED WITH (I) CHIROFUSION’S INABILITY TO PERFORM ANY OR ALL OF PROFITSTHE SERVICES DUE TO IMPROPERLY FORMATTED OR CORRUPT FILES, LOSS VIRUSES OR INCOMPATIBILITY; (II) HUMAN OR MACHINE ERRORS, OMISSIONS, LOSSES OF USESUBSCRIBER DATA, INTERRUPTION DELAYS IN TRANSMISSION OF BUSINESSCLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL DAMAGE TO SUBSCRIBER DATA OR CONSEQUENTIAL DAMAGES MEDIA; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY KIND THAT MAY RESULT FROM SUBSCRIBER DATA, ELECTRONIC TRANSMISSIONS OR TRANSACTIONS INITIATED, RECEIVED BY OR THROUGH THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR SOFTWARE; (IV) ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDERSOFTWARE, WHETHER OR NOT SUCH THIRD PARTY SOFTWARE IS INCORPORATED INTO THE CIRCUMSTANCES GIVING RISE SOFTWARE OR SOLD TO SUCH CAUSE MAY HAVE BEEN SUBSCRIBER BY CHIROFUSION; OR (V) ANY “HYPERLINKS” TO THIRD PARTY SITES THAT ARE PROVIDED WITHIN THE CONTROL OF RDLBSOFTWARE. To the extent not prohibited by applicable law, INCunder no circumstances, including but not limited to negligence, shall we, our subsidiaries, affiliates or licensors, be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages that arise from the use, inability to use, or the results of use of the Software, our services or any part of our site. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGESIn no event shall our total liability to you for all damages, ANDlosses, AS SUCHand causes of action, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONSwhether in contract, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWtort, or otherwise, including but not limited to negligence, exceed one hundred dollars ($100).

Appears in 1 contract

Samples: End User License Agreement

Disclaimers and Limitations of Liability. The limited remedies described herein are the sole and exclusive remedy and Seller’s sole responsibility under this Limited Warranty. TO THE SERVICES MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “EXCEPT AS IS”STATED ABOVE IN THIS LIMITED WARRANTY, WITHOUT WARRANTY SELLER MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND TO SUBSCRIBER KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR ANY THIRD PARTYOTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENTTITLE, OR NON-INFRINGEMENT, AND NON- INFRINGEMENTANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. RDLBSOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS AND LIMITATIONS. IN SUCH AN EVENT, INCSUCH EXCLUSION AND LIMITATION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND THE DURATION OF ANY IMPLIED WARRANTIES WILL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. SHALL NOT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL SELLER, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF USE, INTERRUPTION OF BUSINESSDATA, OR ANY DIRECTOTHER PECUNIARY LOSS), INDIRECTARISING OUT OF, INCIDENTAL BASED ON, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT RESULTING FROM THIS LIMITED WARRANTY, OR THE USE OF ITS REPORTS OF, MISUSE OF, OR INABILITY TO USE THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISEGOODS, EVEN IF RDLBSELLER (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, INC. WAS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES), AND SELLER’S (AND ITS AFFILIATES’ AND ITS AND THEIR OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’, CONTRACTORS’, SUPPLIERS’, AND LICENSORS’) TOTAL CUMULATIVE LIABILITY ARISING OUT OF, BASED ON, OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE RESULTING FROM THIS LIMITED WARRANTY OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY GOODS IS LIMITED TO THE GREATEST EXTENT PERMITTED AMOUNT ACTUALLY PAID FOR THE GOODS BY LAWTHE BUYER.

Appears in 1 contract

Samples: Limited Warranty

Disclaimers and Limitations of Liability. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE SERVICES LIABILITY OF Company ENTITIES TO YOU. a. WE ARE PROVIDING YOU THE PRODUCTS, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “THIRD-PARTY CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTYKIND, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED IMPLIED. WITHOUT LIMITING THE FOREGOING, THE Company ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENTQUIET ENJOYMENT, AND NON- NON-INFRINGEMENT. RDLB, INC. SHALL AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. b. THE Company ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE PRODUCTS, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE Company PRODUCTS, AND (iv) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY Company PRODUCT. c. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE Company ENTITIES WILL NOT BE LIABLE TO SUBSCRIBER YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE Company ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR ANY THIRD PARTY FOR ANY EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, DATA (EVEN IF RDLB, INC. WAS THE Company ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLBSUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, INC. HAS MADE ALL REASONABLE EFFORTS OR INABILITY TO INSURE USE, THIS WEBSITE OR ANY Company PRODUCTS OR (ii) ANY AMOUNT, IN THE ACCURACY AGGREGATE, IN EXCESS OF THE DATA ON WHICH GREATER OF (A) ONE-HUNDRED DOLLARS (USD$100) OR (B) THE FORECASTS AND PROJECTIONS CONTAINED AMOUNTS PAID OR PAYABLE BY YOU TO Company IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE CONNECTION WITH THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR PRODUCTS IN THE EVENT OF ANY FAILURE OR INTERRUPTION TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. YOUR USE OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBERPRODUCTS, PRODUCTS, INFORMATION, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY SERVICES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAWAT YOUR SOLE RISK.

Appears in 1 contract

Samples: Terms of Use

Disclaimers and Limitations of Liability. 10.1. THE SERVICE EXCHANGE SERVICES AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SLA CREDITS ARE YOUR SOLE MONETARY REMEDY AND OUR SOLE LIABILITY WITH RESPECT TO UNAVAILABILITY OR OTHER SLA PERFORMANCE ISSUES RELATING TO THE SERVICE EXCHANGE SERVICES. WE AND OUR AFFILIATES, WITHOUT WARRANTY SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO SUBSCRIBER KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE EXCHANGE SERVICES, INCLUDING ANY WARRANTY THAT THE SERVICE EXCHANGE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR THAT ANY THIRD PARTYPARTY WILL CONTINUE TO SUPPORT CONNECTIVITY OR YOU. EXCEPT TO THE EXTENT PROHIBITED BY LAW, INCLUDINGWE AND OUR AFFILIATES, BUT NOT LIMITED TOSUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENTNON- INFRINGEMENT, OR QUIET ENJOYMENT, AND NON- INFRINGEMENTANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. 10.2. RDLBEXCEPT AS PROVIDED BELOW IN THIS SECTION, INC. SHALL YOU WILL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY US AND WE (INCLUDING OUR AFFILIATES, SUPPLIERS, AND LICENSORS) WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISEDATA), EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS PROVIDED BELOW IN THIS SECTION, NEITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION 10.2, SHALL INCLUDE OUR AFFILIATES, SUPPLIERS AND LICENSORS) WILL BE RESPONSIBLE TO THE OTHER FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICE EXCHANGE SERVICES, INCLUDING CHANGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE DISCONTINUATION OF ANY OR ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH SERVICE EXCHANGE SERVICES; (B) THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY COST OF SUCH UNDERLYING DATA PROCUREMENT OF SUBSTITUTE GOODS OR STATISTICS. RDLBSERVICES; (C) ANY INVESTMENTS, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBEREXPENDITURES, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. COMMITMENTS IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.CONNECTION WITH THIS AGREEMENT; OR

Appears in 1 contract

Samples: Service Exchange Terms and Conditions

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