Common use of Disclaimers; Indemnification Clause in Contracts

Disclaimers; Indemnification. NOTWITHSTANDING ANY OTHER TERM OR PROVISION OF THIS AGREEMENT, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), INCIDENTAL DAMAGES, EXTRAORDINARY, OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE DAMAGES. USE OF THE CARD AND RELATED SERVICES IS AT YOUR SOLE RISK. THE CARD AND ALL RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER INCLUDING, WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In providing the Card and related services to you, we assume no responsibility beyond the exercise of ordinary care, and we disclaim any duty or responsibility other than those expressly set forth in this Agreement. You agree that we will not be liable for any loss or damage due to delays or failure to perform resulting from circumstances beyond our reasonable control (such as telecommunication or electrical outages and malfunctions, postal strikes, or delays, computer system failures or natural disasters). The time, if any, required for such performance under this Agreement shall be automatically extended during the period of such delay or interruption. If we take any action with respect to your Card in accordance with your instructions or orders, or in accordance with this Agreement, or if you breach any term or provisions of this Agreement or law, and we incur any loss, liability, damage, cost or expense (including reasonable attorney’s fees) as a result of any claim, demand, action, suit or proceeding brought or made by any party, you agree to indemnify and hold us harmless from and against such loss, liability, damage, cost or expense and to reimburse us for the amount thereof.

Appears in 3 contracts

Samples: Prepaid Card Cardholder Agreement, Prepaid Card Cardholder Agreement, Prepaid Card Cardholder Agreement

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Disclaimers; Indemnification. NOTWITHSTANDING ANY OTHER TERM OR PROVISION OF THIS AGREEMENT, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), INCIDENTAL DAMAGES, EXTRAORDINARY, OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CARD AND RELATED SERVICES AND DATA IS AT YOUR SOLE RISK. THE CARD AND ALL RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER INCLUDING, WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In providing the Card and related services to you, we assume no responsibility beyond the exercise of ordinary care, and we disclaim any duty or responsibility other than those expressly set forth in this Agreement. You agree that we will not be liable for any loss or damage due to delays or failure to perform resulting from circumstances beyond our reasonable control (such as telecommunication or electrical outages and malfunctions, postal strikes, strikes or delays, computer system failures or natural disasters). The time, if any, required for such performance under this Agreement shall be automatically extended during the period of such delay or interruption. If we take any action with respect to your Card in accordance with your instructions or orders, or in accordance with this Agreement, or if you breach any term or provisions provision of this Agreement or law, and we incur any loss, liability, damage, cost or expense (including reasonable attorney’s fees) as a result of any claim, demand, action, suit or proceeding brought or made by any party, you agree to indemnify and hold us harmless from and against such loss, liability, damage, cost or expense and to reimburse us for the amount thereof.

Appears in 2 contracts

Samples: www.regions.com, www.regions.com

Disclaimers; Indemnification. NOTWITHSTANDING ANY OTHER TERM OR PROVISION OF THIS AGREEMENT, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECTINDI- RECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), INCIDENTAL DAMAGES, EXTRAORDINARY, OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE DAMAGES. USE OF THE CARD AND RELATED SERVICES IS AT YOUR SOLE RISK. THE CARD AND ALL RELATED SERVICES ARE PROVIDED PRO- VIDED “AS IS” WITH NO WARRANTIES WHATSOEVER INCLUDING, WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, RELIABILITY, NON-INFRINGEMENTINFRIGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In providing the Card and related services relatedservices to you, we assume no responsibility beyond the exercise of ordinary care, and we disclaim any duty or responsibility other than those expressly set forth in this Agreement. You agree that we will not be liable for any loss or damage due to delays or failure to perform resulting from circumstances beyond our reasonable control (such as telecommunication or electrical outages and malfunctions, postal strikes, or delays, computer system failures or natural disasters). The time, if any, required for such performance under this Agreement shall be automatically extended during the period of such delay or interruption. If we take any action with respect to your Card in accordance with your instructions or orders, or in accordance with this Agreement, or if you breach any term or provisions of this Agreement or law, and we incur any loss, liability, damage, cost or expense (including reasonable attorney’s fees) as a result of any claim, demand, action, suit or proceeding brought or made by any party, you agree to indemnify and hold us harmless from and against such loss, liability, damage, cost or expense and to reimburse us for the amount thereof.

Appears in 1 contract

Samples: Prepaid Card Cardholder Agreement

Disclaimers; Indemnification. NOTWITHSTANDING ANY OTHER TERM OR PROVISION OF THIS AGREEMENT, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), INCIDENTAL DAMAGES, EXTRAORDINARY, OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE DAMAGES. USE OF THE CARD AND RELATED SERVICES IS AT YOUR SOLE RISK. THE CARD AND ALL RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER INCLUDING, WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, RELIABILITY, NON-INFRINGEMENTINFRIGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In providing the Card and related services to you, we assume no responsibility beyond the exercise of ordinary care, and we disclaim any duty or responsibility other than those expressly set forth in this Agreement. You agree that we will not be liable for any loss or damage due to delays or failure to perform resulting from circumstances beyond our reasonable control (such as telecommunication or electrical outages and malfunctions, postal strikes, or delays, computer system failures or natural disasters). The time, if any, required for such performance under this Agreement shall be automatically extended during the period of such delay or interruption. If we take any action with respect to your Card in accordance with your instructions or orders, or in accordance with this Agreement, or if you breach any term or provisions of this Agreement or law, and we incur any loss, liability, damage, cost or expense (including reasonable attorney’s fees) as a result of any claim, demand, action, suit or proceeding brought or made by any party, you agree to indemnify and hold us harmless from and against such loss, liability, damage, cost or expense and to reimburse us for the amount thereof.

Appears in 1 contract

Samples: Prepaid Card Cardholder Agreement

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Disclaimers; Indemnification. NOTWITHSTANDING ANY OTHER TERM OR PROVISION CONDITION OF THIS AGREEMENT, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), INCIDENTAL DAMAGESINCIDENTAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CARD AND RELATED SERVICES AND DATA IS AT YOUR SOLE RISK. THE CARD AND ALL RELATED SERVICES AND DATA ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, RELIABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In providing the Card and related services and data to you, we assume no responsibility beyond the exercise of ordinary care, and we disclaim any duty or responsibility other than those expressly set forth in this Agreement. You agree that we will not be liable for any loss or damage due to delays or failure to perform resulting from circumstances beyond our reasonable control (such as telecommunication or electrical outages and malfunctions, postal strikes, strikes or delays, computer system failures or natural disasters). The time, if any, required for such performance under this Agreement shall be automatically extended during the period of such delay or interruption. If we take any action with respect to your Card in accordance with your instructions or orders, or in accordance with this Agreement, or if you breach any term or provisions condition of this Agreement or law, and we incur any loss, liability, damage, cost or expense (including reasonable attorney’s fees) as a result of any claim, demand, action, suit or proceeding brought or made by any party, you agree to indemnify and hold us harmless from and against such loss, liability, damage, cost or expense and to reimburse us for the amount thereof.

Appears in 1 contract

Samples: Cardholder Agreement

Disclaimers; Indemnification. NOTWITHSTANDING ANY OTHER TERM OR PROVISION OF THIS AGREEMENT, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECTINDI- RECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), INCIDENTAL DAMAGES, EXTRAORDINARY, OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE DAMAGES. USE OF THE CARD AND RELATED SERVICES IS AT YOUR SOLE RISK. THE CARD AND ALL RELATED SERVICES ARE PROVIDED PRO- VIDED “AS IS” WITH NO WARRANTIES WHATSOEVER INCLUDING, WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, RELIABILITY, NON-INFRINGEMENTINFRIGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPUR- POSE. In providing the Card and related services to you, we assume no responsibility beyond the exercise of ordinary care, and we disclaim any duty or responsibility other than those expressly set forth in this Agreement. You agree that we will not be liable for any loss or damage due to delays or failure to perform resulting from circumstances beyond our reasonable control (such as telecommunication or electrical outages and malfunctionsmalfunc- tions, postal strikes, or delays, computer system failures or natural disasters). The time, if any, required for such performance under this Agreement shall be automatically extended during the period of such delay or interruptionin- terruption. If we take any action with respect to your Card in accordance with your instructions or orders, or in accordance with this Agreement, or if you breach any term or provisions of this Agreement or law, and we incur any loss, liability, damage, cost or expense (including reasonable attorney’s fees) as a result of any claim, demandxx- xxxx, action, suit or proceeding brought or made by any party, you agree to indemnify and hold us harmless from and against such loss, liability, damage, cost or expense and to reimburse us for the amount thereof.

Appears in 1 contract

Samples: Prepaid Card Cardholder Agreement

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