DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY. The Services are provided “as is” and “as available”. RNR disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms and conditions, including implied warranties, fitness for a particular purpose and non-infringement. In addition RNR makes no representation or warranty regarding the fitness of the Services for a Client, timeliness, quality, suitability, or availability of the Services or that they will be uninterrupted or error-free. Further RNR does not guarantee the quality, suitability, safety or ability of any Third-Party Providers. The Client agrees that the entire risk in the provision of the Services or associated therewith vests in the Client.
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY. The Services are provided “as is” and “as available”. RNR disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms and conditions, including implied warranties, fitness for a particular purpose and non-infringement. In addition RNR makes no representation or warranty regarding the provision of the Services, a Client’s ability to pay, a Client’s co-operation, timelines, quality, suitability, or availability of the Services or that they will be uninterrupted or error-free. Further RNR does not guarantee the quality, suitability, safety or ability of any Third-Party Providers. The Third-Party Provider agrees that the entire risk in the provision of the Services or associated therewith vests in the Third-Party Provider and that they cannot claim payment from RNR with regards the provision of the Services unless a specific written agreement is concluded in that regard.
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY a. ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER RIGHTS GRANTED AND/OR PROVIDED BY CARNEGIE MELLON PURSUANT TO THIS AGREEMENT (INCLUDING THE CYLAB INTELLECTUAL PROPERTY) ARE ON AN "AS IS" BASIS. CYLAB MAKES NO WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED) AND ALL SUCH WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERAL NATURE OF THE CLAUSES ABOVE, CARNEGIE MELLON DOES NOT MAKE ANY WARRANTY OF ANY KIND RELATING TO RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR FREEDOM FROM THEFT OF TRADE SECRETS.
x. Xxxxxxxx Xxxxxx shall not be liable to Member or any third party for loss of profits or for incidental, indirect, special or consequential damages (even if Carnegie Mellon has been advised of the possibility of such damages or has or gains knowledge of the existence of such damages) for any reason whatsoever arising out of or relating to this Agreement (including breach of this Agreement).
c. Member hereby agrees to defend, indemnify and hold harmless Carnegie Mellon University, its trustees, officers, employees, attorneys and agents from all claims or demands made against them (and any related losses, expenses or attorneys' fees) arising out of or relating to Member’s and/or any of its permitted sublicensees’ act, omission, negligent use or conduct, and/or willful misuse or misconduct regarding CyLab Intellectual Property and/or other rights or materials obtained under this Agreement (including but not limited to, any claims of product liability, personal injury, death, damage to property or violation of any laws or regulations).
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY. 13.1 To the fullest extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non- infringement.
13.2 Jasper Lodge makes no representation, warranty, or guarantee:
11.2.1 regarding the reliability, timeliness, safety, suitability, or availability of the Service; or
11.2.2 that the Service will meet your requirements or will be available on an uninterrupted, secure or error-free basis.
13.3 Jasper Lodge shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, cost of substitute Services, personal injury, or property loss or damage related to, in connection with, or otherwise resulting from your use of or inability to use the Service.
13.4 Jasper Lodge shall not be liable for delay or failure in performance resulting from causes beyond Jasper Lodge’s reasonable control.
13.5 In no event shall Jasper Lodge’s total liability arising out of or in connection with this Agreement or from the use of or inability to use the Service exceed the amounts you have paid to Jasper Lodge for Services in the six (6) month’s period preceding the claim or action.
13.6 Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
13.7 The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Jasper Lodge and you.
13.8 You agree to indemnify and hold Jasper Lodge and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with your use of the Service, your lack of authority to bind the Recipient to this Agreement, the breach or violation of any of this Agreement, or your violation of the rights of any third party, including any employee.
13.9 Jasper Lodge shall endeavour to ensure the safety and well-being of the Recipients at all times. However, it is understood that there are practical, and socially desirable limitations to the degree to which a Recipient’s movements within the Care Centres and grounds can be both monitored and restricted. No responsibility can therefore be accepted by the Care Centres for any loss or in...
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY. 12.1. The provisions in terms of liability are stipulated in our Terms of Use.
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY. 14.1. THE PROVISIONS IN TERMS OF LIMITATION OF LIABILITY ARE STIPULATED IN OUR TERMS OF USE.
14.2. IN ADDITION, OUR SERVICES MAY BE USED BY YOU (AS BUYER) TO SELECT AND ACQUIRE SERVICE/GOODS PROVIDER GOODS AND SERVICES. YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE AVAILABILITY, DELIVERY AND USE OF THE SERVICE/GOODS PROVIDER GOODS OR SERICES AS AGREED TO BETWEEN YOU AND THE SERVICE/GOODS PROVIDER OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
14.3. You agree to indemnify and hold us and our directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorney own client fees), arising out of or in connection with: (i) your use of the Service/Goods Provider Goods and Services obtained through your use of our Services;
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY. Limitation subject to local consumer law
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DRYFT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DRYFT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE. DRYFT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. DRYFT DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD PARTY PROVIDERS INCLUDING DRIVERS. THIRD PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF DRYFT. DRYFT DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. DRYFT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Limitation of Liability. DRYFT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF DRYFT, EVEN IF DRYFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DRYFT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF DRYFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DRYFT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DRYFT'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME DRYFT SERVICES MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS ARE NOT O...
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY. Tourvance's liability is limited to the accessibility, content, use and proper functioning of the Services.
9.1 Disclaimer regarding Tourvance's liability. The Services are provided "as is" and "as available." Tourvance disclaims all representations and warranties, express, implied or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Tourvance makes no representation, warranty, or guarantee regarding the reliability, quality, suitability or availability of the Services or the Third Party Services or that the Services will be uninterrupted or error-free. Tourvance does not guarantee the quality, suitability, or ability of Third Party Providers. You agree that the entire risk arising out of Your use of the Services or the Third Party Services remains solely with You, to the maximum extent permitted under applicable law.
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
