Common use of Disclaimers and Warranties Clause in Contracts

Disclaimers and Warranties. A. DISCLAIMERS BY YOUNG LIFE: YOUNG LIFE SHALL NOT BE LIABLE AND GROUP WAIVES, RELEASES, AND HOLDS HARMLESS YOUNG LIFE FOR INJURY TO GROUP, PERSONAL INJURY INCLUDING DEATH OF GROUP’S AGENTS OR PARTICIPANTS, OR FOR PROPERTY DAMAGE THAT MAY BE SUSTAINED BY GROUP OR GROUP’S AGENTS OR PARTICIPANTS THAT IS DUE TO OR CAUSED BY ANY FIRE, FLOOD, EARTHQUAKE, OR ANY OTHER PERIL, REGARDLESS OF WHETHER THESE CONDITIONS ARE CAUSED BY THE NEGLIGENCE OF YOUNG LIFE. IT IS NOT INTENDED THAT THIS DISCLAIMER AND WAIVER SHOULD APPLY TO THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF YOUNG LIFE. B. THESE DISCLAIMERS ARE SUBJECT TO THE INDEMNIFICATION PROVISIONS OF SECTION IV BELOW AND SHALL NOT APPLY TO DAMAGE AND LIABILITY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF YOUNG LIFE. C. DISCLAIMER OF WARRANTIES BY YOUNG LIFE: YOUNG LIFE MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CAMP PREMISES. WITHOUT LIMITATION, YOUNG LIFE MAKES NO WARRANTY AS TO FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE. D. THE GROUP ASSUMES RESPONSIBILITY FOR INFORMING THEIR AGENTS AND PARTICIPANTS THAT THE CAMP PROPERTIES AND STRUCTURES ARE AVAILABLE ON AN AS IS BASIS AND THEY ARE TO TAKE PRECAUTIONS FOR THEIR OWN SAFETY. THE GROUP ASSUMES RESPONSIBILITY FOR INFORMING THEIR AGENTS AND PARTICPANTS THAT YOUNG LIFE CAMP IS A RUSTIC, OUTDOOR CAMP FACILITY WITH THE INHERENT HAZARDS THAT ACCOMPANY OUTDOOR, WILDERNESS ACTIVITIES AND RUSTIC BUILDINGS AND FURNISHINGS.

Disclaimers and Warranties. A. DISCLAIMERS BY YOUNG LIFE: YOUNG LIFE SHALL NOT BE LIABLE YOU EXPRESSLY ACKNOWLEDGE AND GROUP WAIVESAGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK AND THAT THE SITES, RELEASESINCLUDING ANY FUNCTIONS OF THE SITES, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, WE, AND HOLDS HARMLESS YOUNG LIFE EACH OF OUR SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SITES WILL MEET YOUR REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, YOUR BOARD LICENSURE REQUIREMENTS; (B) YOUR USE OF THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES WILL BE ACCURATE OR RELIABLE; OR (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR INJURY ANY DAMAGE TO GROUPYOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, PERSONAL INJURY INCLUDING DEATH OF GROUP’S AGENTS WHETHER ORAL OR PARTICIPANTSWRITTEN, OR FOR PROPERTY DAMAGE THAT MAY BE SUSTAINED OBTAINED BY GROUP OR GROUP’S AGENTS OR PARTICIPANTS THAT IS DUE TO OR CAUSED BY ANY FIRE, FLOOD, EARTHQUAKEYOU FROM US, OR ANY OF OUR SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS, OTHER PERILUSERS OF THE SITES, REGARDLESS OR THROUGH OR FROM THE SITES (INCLUDING THE LMS) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF WHETHER THESE USE OR THE AGREEMENT. WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS ARE CAUSED BY THE NEGLIGENCE OF YOUNG LIFE. IT IS NOT INTENDED THAT THIS DISCLAIMER AND WAIVER SHOULD APPLY TO THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF YOUNG LIFE. B. THESE DISCLAIMERS ARE SUBJECT TO THE INDEMNIFICATION PROVISIONS OF SECTION IV BELOW AND SHALL NOT APPLY TO DAMAGE AND LIABILITY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF YOUNG LIFE. C. DISCLAIMER OF WARRANTIES BY YOUNG LIFE: YOUNG LIFE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CAMP PREMISES. WITHOUT LIMITATIONINCLUDING, YOUNG LIFE MAKES NO WARRANTY AS TO BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. D. THE GROUP ASSUMES RESPONSIBILITY FOR INFORMING THEIR AGENTS AND PARTICIPANTS THAT THE CAMP PROPERTIES AND STRUCTURES ARE AVAILABLE ON AN AS IS BASIS AND THEY ARE TO TAKE PRECAUTIONS FOR THEIR OWN SAFETY. THE GROUP ASSUMES RESPONSIBILITY FOR INFORMING THEIR AGENTS AND PARTICPANTS THAT YOUNG LIFE CAMP IS A RUSTIC, OUTDOOR CAMP FACILITY WITH THE INHERENT HAZARDS THAT ACCOMPANY OUTDOOR, WILDERNESS ACTIVITIES AND RUSTIC BUILDINGS AND FURNISHINGS.

Disclaimers and Warranties. A. DISCLAIMERS BY YOUNG LIFE: YOUNG LIFE SHALL (a) THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRANSCRIPTIONGEAR DOES NOT WARRANT THAT THE SERVICE WILL BE LIABLE AND GROUP WAIVESUNINTERRUPTED, RELEASES, AND HOLDS HARMLESS YOUNG LIFE FOR INJURY TO GROUP, PERSONAL INJURY INCLUDING DEATH OF GROUP’S AGENTS OR PARTICIPANTSERROR-FREE, OR FOR PROPERTY DAMAGE THAT MAY BE SUSTAINED BY GROUP FREE FROM VIRUSES OR GROUP’S AGENTS OTHER HARMFUL COMPONENTS. TRANSCRIPTIONGEAR MAKES NO EXPRESS OR PARTICIPANTS THAT IS DUE TO OR CAUSED BY ANY FIREIMPLIED WARRANTIES, FLOODINCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, EARTHQUAKENON-INFRINGEMENT, MERCHANTABILITY, OR ANY OTHER PERIL, REGARDLESS OF WHETHER THESE CONDITIONS ARE CAUSED BY THE NEGLIGENCE OF YOUNG LIFE. IT IS NOT INTENDED THAT THIS DISCLAIMER AND WAIVER SHOULD APPLY TO THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF YOUNG LIFE. B. THESE DISCLAIMERS ARE SUBJECT TO THE INDEMNIFICATION PROVISIONS OF SECTION IV BELOW AND SHALL NOT APPLY TO DAMAGE AND LIABILITY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF YOUNG LIFE. C. DISCLAIMER OF WARRANTIES BY YOUNG LIFE: YOUNG LIFE MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CAMP PREMISES. WITHOUT LIMITATION, YOUNG LIFE MAKES NO WARRANTY AS TO FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE. NO ADVICE PROVIDED BY TRANSCRIPTIONGEAR OR ANY OF ITS REPRESENTATIVES WILL CREATE A WARRANTY. D. (b) TRANSCRIPTIONGEAR WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF TRANSCRIPTIONGEAR WAS ADVISED IN ADVANCE OF THE GROUP ASSUMES RESPONSIBILITY POSSIBILITY OF SUCH DAMAGES. TRANSCRIPTIONGEAR ’S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF FEES BILLED TO CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. (c) TRANSCRIPTIONGEAR WILL HAVE NO LIABILITY WHATSOEVER FOR INFORMING THEIR AGENTS ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: (i) OTHER TRANSCRIPTIONGEAR CUSTOMERS OR THIRD PARTIES ACCESSING CUSTOMER’S DATA OR ASSIGNED COMPUTERS; (ii) SECURITY BREACHES; (iii) EAVESDROPPING; (iv) DENIAL OF SERVICE ATTACKS; (v) INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE EQUIPMENT OR SERVICE; (vi) CUSTOMER’S RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICE; (vii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE EQUIPMENT OR SERVICE; (viii) THE ACCURACY, COMPLETENESS, AND PARTICIPANTS THAT USEFULNESS OF THE CAMP PROPERTIES SERVICE; OR (ix) LOSS OF DATA OR LOSS OF ACCESS TO DATA. (d) TRANSCRIPTIONGEAR ’S LIMITATIONS AND STRUCTURES ARE AVAILABLE ON AN AS IS BASIS EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION AND THEY ARE IN THIS AGREEMENT APPLY EQUALLY TO TAKE PRECAUTIONS FOR THEIR OWN SAFETY. THE GROUP ASSUMES RESPONSIBILITY FOR INFORMING THEIR AGENTS TRANSCRIPTIONGEAR ’S OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUPPLIERS, SUBSIDIARIES, PARENTS, AND PARTICPANTS THAT YOUNG LIFE CAMP IS A RUSTIC, OUTDOOR CAMP FACILITY WITH THE INHERENT HAZARDS THAT ACCOMPANY OUTDOOR, WILDERNESS ACTIVITIES AND RUSTIC BUILDINGS AND FURNISHINGSAFFILIATED COMPANIES.