Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE. B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. C. STAYMOBILE AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS. E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM. F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.
Appears in 4 contracts
Samples: Connectivity Program Agreement, Connectivity Program Agreement, Connectivity Program Agreement
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM PLAN, THE AGREEMENT, WAIVER OR ANY OF THE PROGRAM PLAN BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCEINSURANCE OR AN EXTENDED WARRANTY OR SERVICE CONTRACT.
B. USE OF THE PROGRAM PLAN AND ANY OF THE PROGRAM PLAN BENEFITS IS AT CUSTOMER’S YOUR SOLE RISK. THE PROGRAM PLAN BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE PROTECTCELL AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, OFFICERS AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE PROTECTCELL ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM PLAN AND ANY OF THE PROGRAM PLAN BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENT.
D. STAYMOBILE PROTECTCELL ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIESIMPLIED, THAT: THAT (i) THE PROGRAM PLAN WILL MEET CUSTOMER’S SPECIFIC YOUR REQUIREMENTS; , (ii) THE PROGRAM PLAN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; , OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER YOU FROM AGREEMENT IN THE PROGRAM PLAN WILL MEET CUSTOMER’S YOUR EXPECTATIONS.
E. STAYMOBILE PROTECTCELL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE PROTECTCELL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM PLAN OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAMPLAN; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAMPLAN’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAMPLAN.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASERYOU.
Appears in 4 contracts
Samples: Mobile Device Service Contract Agreement, Mobile Device Service Contract Agreement, Mobile Device Service Contract Agreement
Disclaimers; Limitation of Liability. A. NONE OF 11.1. ID5 PROVIDES THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ID5 ID SITE OFFERING ON AN “AS AS-IS” BASIS AND, EXCEPT FOR ITS WARRANTIES EXPRESSLY SET FORTH IN THESE TERMS, HEREBY DISCLAIMS ANY AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSKIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO THE WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION COMPANY HEREBY ACKNOWLEDGES THAT ID5 DOES NOT WARRANT THAT THE ID5 ID SITE OFFERING, OR WARRANTYANY ASPECT THEREOF, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, PROVIDED IN AN UNINTERRUPTED OR ERROR-FREEFREE FASHION AT ALL TIMES.
11.2. TO THE FULLEST EXTENT PERMITTED BY LAW REGARDLESS OF THE THEORY OR TYPE OF CLAIM: (a) YOUR SOLE AND EXCLUSIVE REMEDIES ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, YOUR USE OF THE ID5 ID SITE OFFERING HEREUNDER AND/OR ANY BREACH OF THIS AGREEMENT BY ID5) ARE TO TERMINATE THIS AGREEMENT AND/OR DISCONTINUE YOUR USE OF THE ID5 ID SITE OFFERING; AND (b) IN NO EVENT WILL ID5, ANY OF ITS AFFILIATES, OR (iii) THE QUALITY ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, EQUITYHOLDERS, OR AGENTS BE LIABLE UNDER THIS AGREEMENT, WHETHER IN LAW OR EQUITY, FOR DAMAGES OF ANY PRODUCTSKIND, SERVICESUNDER ANY LEGAL THEORY, INFORMATIONARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING YOUR USE OF, OR OTHER MATERIAL PURCHASED INABILITY TO USE, THE ID5 ID SITE OFFERING OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY ASPECT THEREOF), INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, CONSEQUENTIAL OR EXEMPLARY PUNITIVE DAMAGES, AND WHETHER CAUSED BY TORT (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS NEGLIGENCE), BREACH OF PROFITSCONTRACT OR OTHERWISE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED ID5 IS AWARE OR SHOULD KNOW THAT SUCH DAMAGES ARE POSSIBLE.
11.3. THE LIMITATIONS AND DISCLAIMERS/EXCLUSIONS OF THE POSSIBILITY LIABILITY SET OUT IN SECTIONS 11.1 AND 11.2 HEREOF WILL NOT APPLY IN RESPECT OF:
(a) ANY INTENTIONALLY HARMFUL OR FRAUDULENT ACT OR OMISSION OF SUCH DAMAGES), RESULTING FROM: ID5;
(ib) THE USE ANY FRAUDULENT MISREPRESENTATION OR THE INABILITY TO USE THE PROGRAM MISSTATEMENT BY ID5;
(c) DEATH OR ANY BENEFITS THEREOFPERSONAL INJURY CAUSED BY ID5’S NEGLIGENCE; OR
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (ivd) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS THAT MAY NOT APPLY TO THE PURCHASERBE LIMITED OR EXCLUDED BY APPLICABLE LAW.
Appears in 3 contracts
Samples: Id5 Id Site Offering Agreement, Id5 Id Site Offering Agreement, Id5 Id Site Offering Agreement
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM OR (a) NEITHER SPC, NOR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATES, DIRECTORSNOR ANY SOURCES, OFFICERSMAKE ANY EXPRESS OR IMPLIED WARRANTIES (INCLUDING, AND AGENTSWITHOUT LIMITATION, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND S&P XXXXXXXX SERVICE OR ANY COMPONENTS THEREOF. NEITHER SPC, NOR ANY OF ITS AFFILIATES, NOR ANY SOURCES WARRANT THAT THE PROGRAM BENEFITS, WHETHER EXPRESS S&P XXXXXXXX SERVICE OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES ANY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM ITS COMPONENTS WILL BE UNINTERRUPTED, TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; . REPRESENTATIVE EXPRESSLY AGREES THAT ITS USE AND ITS SUBSCRIBERS USE OF THE S&P XXXXXXXX SERVICE IS AT THE SOLE RISK OF REPRESENTATIVE AND ITS SUBSCRIBERS. SPC, ITS AFFILIATES, AND ALL SOURCES INVOLVED IN CREATING OR (iii) PROVIDING THE QUALITY S&P XXXXXXXX SERVICE OR ANY OF ITS COMPONENTS WILL IN NO WAY BE LIABLE TO REPRESENTATIVE OR ANY PRODUCTSSUBSCRIBERS OR OTHER THIRD PARTIES FOR ANY INACCURACIES, SERVICESERRORS OR OMISSIONS, INFORMATIONREGARDLESS OF CAUSE, IN THE SPC DATAFEED OR FOR ANY DEFECTS OR FAILURES IN THE TID HARDWARE OR THE TID SOFTWARE, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGESEXEMPLARY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE SPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)) RESULTING THEREFROM. THE LIABILITY OF SPC AND ITS AFFILIATES IN ANY AND ALL CATEGORIES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING WHETHER ARISING FROM ANY GOODSCONTRACT, DATAWARRANTY, INFORMATIONNEGLIGENCE, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA OTHERWISE SHALL, IN THE AGGREGATE, IN NO EVENT EXCEED THE AVERAGE MONTHLY SERVICE CHARGE (AS SET FORTH IN EXHIBIT C) WHICH IS PAID BY REPRESENTATIVE TO SPC DURING THE TERM OF THIS AGREEMENT. REPRESENTATIVE AGREES THAT ITS USE AND ITS SUBSCRIBERS USE OF TAL REAL TRADE ORDER ENTRY SERVICE SHALL IN NO WAY BE AFFILIATED WITH S&P XXXXXXXX AND ITS XXXXXXXX ON TO NET SERVICE AND USE OF TAL'S REAL TRADE ORDER ENTRY SERVICE IS AT THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION SOLE RISK OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAMREPRESENTATIVE AND ITS SUBSCRIBER.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER(b) The provisions of this Section shall survive any termination of this Agreement.
Appears in 2 contracts
Samples: Representative Agreement (Internet Financial Services Inc), Representative Agreement (Internet Financial Services Inc)
Disclaimers; Limitation of Liability. A. NONE 8.1) NO WARRANTIES PROVIDER,, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM WEBSITE AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISKSERVICES. THE PROGRAM BENEFITS WEBSITE AND SERVICES ARE PROVIDED ON AN “"AS IS” " AND “"AS AVAILABLE” BASIS.
C. STAYMOBILE " TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL OF ITS AFFILIATESWARRANTIES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED RELATING TO THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION PURPOSE OR WARRANTY, EXPRESS NONINFRINGEMENT. NEITHER Phonesty NOR ITS LICENSORS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) SUPPLIERS WARRANTS THAT THE PROGRAM WEBSITE OR SERVICES WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) YOUR REQUIREMENTS OR THAT THE PROGRAM OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; . NEITHER PROVIDER NOR ITS LICENSORS OR (iii) SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF THE QUALITY WEBSITE OR SERVICES. ADDITIONALLY, Phonesty HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY OF ANY PRODUCTSKIND ON ITS BEHALF, SERVICESAND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTY.
8.2) USER RESPONSIBILITY FOR DAMAGE THE CUSTOMER AGREES THAT ITS USE OF THE SERVICES IS AT ITS SOLE RISK. THE CUSTOMER WILL NOT HOLD PROVIDER OR ITS LICENSORS OR SUPPLIERS, INFORMATIONAS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER MATERIAL PURCHASED LIMITATIONS. 8.3) LIMITATION OF LIABILITY THE LIABILITY OF PROVIDER AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIALINCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR EXEMPLARY DAMAGESOTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED REGARDLESS OF THE POSSIBILITY FORESEEABILITY OF SUCH DAMAGES), RESULTING FROM: (iTHOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO PROVIDER OR ITS LICENSORS AND SUPPLIERS) THE USE ARISING OUT OF OR THE INABILITY RELATING TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE YOUR USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF PROVIDER AND ITS LICENSORS AND SUPPLIERS TO OR ALTERATION YOU UNDER ALL CIRCUMSTANCES WILL BE $250. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE PROGRAM’S DATA; OR (ivBASIS OF THE BARGAIN BETWEEN PROVIDER AND THE CUSTOMER. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION. 8.4) Application THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER MATTER RELATING TO DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATIONS OF LIABILITY IN ANY OTHER AGREEMENT OR AGREEMENTS BETWEEN THE PROGRAM.
F. CUSTOMER AND PROVIDER OR BETWEEN YOU AND ANY OF PROVIDER’s LICENSORS AND SUPPLIERS. SOME JURISDICTIONS DO MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTALCERTAIN DAMAGES, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS AND EXCLUSIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE PURCHASERFOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. PROVIDER’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM 8.1 TESTER EXPRESSLY ACKNOWLEDGES AND ANY OF THE PROGRAM BENEFITS AGREES THAT PROVIDING TEST SERVICES IS AT CUSTOMERTESTER’S SOLE OWN RISK. , THAT THE PROGRAM BENEFITS ARE PRODUCT PROVIDED ON AN BY COMPANY OR THE APPLICABLE MANUFACTURER IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATESTHAT THERE ARE NO REPRESENTATIONS, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL GUARANTEES OR WARRANTIES OF ANY KIND REGARDING ANY OF THE FOREGOING OR OTHERWISE REGARDING THIS AGREEMENT.
8.2 TESTER FURTHER ACKNOWLEDGES THAT THERE ARE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES BY COMPANY THAT PERFORMANCE OF THE TEST SERVICES BY TESTER WILL BE FREE FROM INFRINGEMENT OF INTELLECTUAL PROPERTY HELD BY THIRD PARTIES, THAT THE TESTER’S PERFORMANCE OF THE TEST SERVICES WILL HAVE OR WILL NOT HAVE ANY EFFECT ON TESTER OR ITS BUSINESS, OR THAT THE PRODUCT AND OTHER MATERIALS AND DOCUMENTATION PROVIDED UNDER THIS AGREEMENT ARE FIT FOR ANY PARTICULAR PURPOSE ARISING BY LAW OR OTHERWISE.
8.3 NEITHER COMPANY NOR COMPANY’S AFFILIATES OR THE ALLIANCE SHALL HAVE ANY OBLIGATION OR LIABILITY TO TESTER, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT, OR OTHERWISE, FOR LOSS OF USE, REVENUE, OR PROFIT OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THIS AGREEMENT (INCLUDING ANY NONCONFORMANCE OR DEFECT IN THE PROGRAM PRODUCT OR ANY OTHER MATERIALS AND DOCUMENTATION PROVIDED UNDER THIS AGREEMENT). THE TOTAL LIABILITY OF COMPANY, COMPANY’S AFFILIATES, AND THE ALLIANCE, AND THE TESTER’S SOLE REMEDY AGAINST SAME, FOR ALL CLAIMS OF ANY KIND, ARISING OUT OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT RELATED TO THIS AGREEMENT IS LIMITED TO THE IMPLIED WARRANTIES RECOVERY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENTGENERAL MONETARY DAMAGES NOT EXCEEDING THE AMOUNTS PAID TO TESTER BY COMPANY UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRECEDING ANY SUCH CLAIM.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. 8.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION RESTRICT DISCLAIMERS OR EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE LIMITATION ABOVE DISCLAIMERS, EXCLUSIONS AND/OR EXCLUSION LIMITATIONS OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO TESTER. IF ANY PART OF THE PURCHASERDISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, THE INVALIDITY OF SUCH PART SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PARTS AND COMPANY’S AGGREGATE LIABILITY TO TESTER WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Appears in 2 contracts
Samples: Opportunity Tester Agreement, Opportunity Tester Agreement
Disclaimers; Limitation of Liability. A. NONE EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES IN SECTIONS 3.01 AND 3.02 OF THIS AGREEMENT AND EXCEPT AS EXPRESSLY SET FORTH IN THE PROGRAM OR ANY OF PURCHASE AGREEMENT, THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS LICENSES GRANTED HEREIN ARE PROVIDED MADE ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL EACH PARTY HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSKIND, WHETHER EXPRESS OR IMPLIEDINCLUDING WITHOUT LIMITATION, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF THOSE REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- OR OF NON-INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY. EXCEPT FOR LIABILITY ARISING UNDER ARTICLE 4, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED THE EXTENT PERMITTED BY BOTH PARTIESAPPLICABLE LAW, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM NEITHER PARTY WILL BE UNINTERRUPTED, TIMELY, SECURE, LIABLE UNDER ANY LEGAL OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (ANY KIND THAT ARISE UNDER THIS AGREEMENT EVEN IF STAYMOBILE ENTITIES HAVE SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)DAMAGES (IT BEING UNDERSTOOD THAT, RESULTING FROM: (i) IN THE USE EVENT THAT THE LICENSED PARTY EXERCISES RIGHTS IN AND/OR TO THE INABILITY TO USE LICENSED IP WHICH ARE OUTSIDE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE SCOPE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS LICENSE TO IT, NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING, RESTRICTING OR ALTERATION OTHERWISE PREJUDICING THE RIGHTS OF THE PROGRAM’S DATA; PARTY GRANTING THE LICENSE UNDER APPLICABLE LAW TO SEEK AND RECOVER ANY REMEDY (INCLUDING ANY AMOUNT OF DAMAGES) AGAINST OR (iv) ANY OTHER MATTER RELATING TO OTHERWISE FROM THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW LICENSED PARTY IN AN ACTION AGAINST THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY LICENSED PARTY FOR INCIDENTALINFRINGEMENT, CONSEQUENTIAL, MISAPPROPRIATION OR OTHER DAMAGES. ACCORDINGLY, SOME VIOLATION OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY RIGHTS OF THE PARTY GRANTING SUCH LICENSE IN AND/OR TO THE PURCHASERSUCH LICENSED IP).
Appears in 2 contracts
Samples: Stock and Asset Purchase Agreement (Chemtura CORP), Stock and Asset Purchase Agreement (Platform Specialty Products Corp)
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM PLAN, THE AGREEMENT, WAIVER OR ANY OF THE PROGRAM PLAN BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCEINSURANCE OR AN EXTENDED WARRANTY OR SERVICE CONTRACT.
B. USE OF THE PROGRAM PLAN AND ANY OF THE PROGRAM PLAN BENEFITS IS AT CUSTOMER’S YOUR SOLE RISK. THE PROGRAM PLAN BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE ADMINISTRATOR AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, OFFICERS AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ADMINISTRATOR ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM PLAN AND ANY OF THE PROGRAM PLAN BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENT.
D. STAYMOBILE ADMINISTRATOR ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIESIMPLIED, THAT: THAT (i) THE PROGRAM PLAN WILL MEET CUSTOMER’S SPECIFIC YOUR REQUIREMENTS; , (ii) THE PROGRAM PLAN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; , OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER YOU FROM AGREEMENT IN THE PROGRAM PLAN WILL MEET CUSTOMER’S YOUR EXPECTATIONS.
E. STAYMOBILE ADMINISTRATOR ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ADMINISTRATOR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM PLAN OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAMPLAN; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAMPLAN’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAMPLAN.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASERYOU.
Appears in 2 contracts
Samples: Mobile Device Service Contract Agreement, Mobile Device Service Contract Agreement
Disclaimers; Limitation of Liability. A. NONE The parties agree that:
(a) THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO THE LICENSEE, SOME OR ALL OF THE PROGRAM BELOW DISCLAIMERS, EXCLUSIONS OR ANY OF LIMITATIONS MIGHT NOT APPLY TO THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCELICENSEE, AND THE LICENSEE MIGHT HAVE ADDITIONAL RIGHTS.
B. (b) THE LICENSEE AGREES THAT THE SOFTWARE, THE RESULTS AND THE CONFIDENTIAL INFORMATION, AND ALL INTELLECTUAL PROPERTY RELATING THERETO, ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE LICENSEE FURTHER AGREES THAT THE LICENSEE’S ACCESS AND USE OF THE PROGRAM SOFTWARE, THE RESULTS AND ANY OF THE PROGRAM BENEFITS IS CONFIDENTIAL INFORMATION, AND ALL INTELLECTUAL PROPERTY RELATING THERETO, SHALL BE AT CUSTOMERTHE LICENSEE’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE (c) TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS, GUARANTEES AND/OR REPRESENTATIONS, EXPRESS, STATUTORY IMPLIED OR ARISING BY CUSTOM, COURSE OF DEALING OR TRADE USAGE, IN CONNECTION WITH THE SOFTWARE, THE RESULTS, THE LICENSEE CONTENT AND THE CONFIDENTIAL INFORMATION, AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTSINTELLECTUAL PROPERTY RELATING THERETO, AND THE AUTHORIZED DEALER LICENSEE’S ACCESS TO AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY, CONDITION, GUARANTEE AND/OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE PROGRAM MERCHANTABILITY AND ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- TITLE, PERFORMANCE, QUALITY, NON-INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS, SUITABILITY OR ANY IMPLIED WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (id) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; COMPANY MAKES NO WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS ABOUT THE TRUTHFULNESS, USEFULNESS, ACCURACY OR COMPLETENESS OF THE SOFTWARE, THE RESULTS, THE LICENSEE CONTENT AND CONFIDENTIAL INFORMATION, AND INCLUDING ALL INTELLECTUAL PROPERTY RELATING THERETO, OR THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, SECURITY OR SAFETY OF ANY OF THE SOFTWARE, THE RESULTS, THE LICENSEE CONTENT AND CONFIDENTIAL INFORMATION, AND INCLUDING ALL INTELLECTUAL PROPERTY RELATING THERETO, AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY THEREOF.
(iie) THE PROGRAM WILL BE UNINTERRUPTEDCOMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)NATURE WHATSOEVER, RESULTING FROM: (i) FROM THE USE OR THE INABILITY LICENSEE’S ACCESS TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAMSOFTWARE, THE RESULTS AND/OR CONFIDENTIAL INFORMATION, AND INCLUDING ALL INTELLECTUAL PROPERTY RELATING THERETO; (iiiB) ANY UNAUTHORIZED ACCESS TO OR ALTERATION AND USE OF THE PROGRAMCOMPANY’S DATASECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; OR (ivC) ANY OTHER MATTER RELATING INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SOFTWARE OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTALRESULTS; (D) ANY BUGS, CONSEQUENTIALVIRUSES, TROJAN HORSES, OR OTHER DAMAGES. ACCORDINGLYTHE LIKE, SOME OF WHICH MAY BE TRANSMITTED TO OR THROUGH THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SOFTWARE AND/OR THE PURCHASER.RESULTS BY ANY THIRD PARTY; AND/OR
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Disclaimers; Limitation of Liability. A. NONE OF (a) EXCEPT AS EXPLICITLY SET FORTH HEREIN, EACH PARTY EXPRESSLY DISCLAIMS TO THE PROGRAM OTHER PARTY ANY EXPRESS OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATESIMPLIED WARRANTY, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL INCLUDING WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSNON-INFRINGEMENT, WHETHER EXPRESS MERCHANTABILITY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENTARISING OUT OF ITS PERFORMANCE OR ATTEMPTED DEVELOPMENT OF ANY PRODUCT OR METHODS HEREUNDER.
D. STAYMOBILE ENTITIES (b) ANY INFORMATION, INCLUDING KNOW-HOW, ANY IP RIGHTS PROVIDED OR LICENSED UNDER THIS AGREEMENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “WITH ALL DEFECTS,” AND COMPANY EXPRESSLY WAIVES ALL RIGHTS TO MAKE NO REPRESENTATION ANY CLAIM WHATSOEVER AGAINST MAYO FOR MISREPRESENTATION OR WARRANTYFOR BREACH OF PROMISE, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECUREGUARANTEE, OR ERROR-FREE; OR (iii) THE QUALITY WARRANTY OF ANY PRODUCTS, SERVICES, INFORMATION, KIND RELATING TO ANY PRODUCTS OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONSSERVICES DEVELOPED HEREUNDER.
E. STAYMOBILE ENTITIES (c) NEITHER PARTY SHALL NOT BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIALPUNITIVE OR CONSEQUENTIAL DAMAGES (REGARDLESS OF THE THEORY OF LIABILITY) RESULTING FROM OR IN ANY WAY RELATED TO THE BREACH OF THIS AGREEMENT, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS REGARDLESS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN THE EVENT OF MAYO’S BREACH OF ITS OBLIGATIONS UNDER SECTION 2.05, WHEREIN MAYO SHALL BE LIABLE TO COMPANY, BUT ONLY FOR QUANTIFIABLE INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, AND NOT FOR ANY SPECIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 9.02 IS INTENDED TO OR SHALL LIMIT OR RESTRICT THE THEINDEMNIFICATION RIGHTS OR OBLIGATIONS OF ANY PARTY WITH RESPECT TO ANY LIABILITY TO A THIRD PARTY UNDER SECTION 9.03., PROVIDED HOWEVER IN THE EVENT MAYO DOES NOT PERFORM TESTS FOR THIRD PARTIES AS CONTEMPLATED UNDER SECTION 2.05 (b), RESULTING FROM: (i) IN NO EVENT SHALL MAYO’S TOTAL LIABILITY EXCEED THE USE OR THE INABILITY TOTAL AMOUNT OF ROYALTIES THAT HAVE ACTUALLY BEEN PAID TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE MAYO BY COMPANY AS OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS DATE OF FILING AN ACTION AGAINST MAYO THAT RESULTS IN THE SETTLEMENT OR AWARD OF DAMAGES TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAMCOMPANY.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.
Appears in 2 contracts
Samples: Patent and Know How License Agreement (Decipher Biosciences, Inc.), Patent and Know How License Agreement (Decipher Biosciences, Inc.)
Disclaimers; Limitation of Liability. A. NONE The parties agree that:
(a) THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO THE LICENSEE, SOME OR ALL OF THE PROGRAM BELOW DISCLAIMERS, EXCLUSIONS OR ANY OF LIMITATIONS MIGHT NOT APPLY TO THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCELICENSEE, AND THE LICENSEE MIGHT HAVE ADDITIONAL RIGHTS.
B. (b) THE LICENSEE AGREES THAT THE SOFTWARE, THE RESULTS AND THE CONFIDENTIAL INFORMATION, AND ALL INTELLECTUAL PROPERTY RELATING THERETO, ARE PROVIDED BY FARMERS EDGE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE LICENSEE FURTHER AGREES THAT THE LICENSEE’S ACCESS AND USE OF THE PROGRAM SOFTWARE, THE RESULTS AND ANY OF THE PROGRAM BENEFITS IS CONFIDENTIAL INFORMATION, AND ALL INTELLECTUAL PROPERTY RELATING THERETO, SHALL BE AT CUSTOMERTHE LICENSEE’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE (c) TO THE FULLEST EXTENT PERMITTED BY LAW, FARMERS EDGE DISCLAIMS ALL WARRANTIES, CONDITIONS, GUARANTEES AND/OR REPRESENTATIONS, EXPRESS, STATUTORY IMPLIED OR ARISING BY CUSTOM, COURSE OF DEALING OR TRADE USAGE, IN CONNECTION WITH THE SOFTWARE, THE RESULTS, THE LICENSEE CONTENT AND THE CONFIDENTIAL INFORMATION, AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTSINTELLECTUAL PROPERTY RELATING THERETO, AND THE AUTHORIZED DEALER LICENSEE’S ACCESS TO AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY, CONDITION, GUARANTEE AND/OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE PROGRAM MERCHANTABILITY AND ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- TITLE, PERFORMANCE, QUALITY, NON-INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS, SUITABILITY OR ANY IMPLIED WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
D. STAYMOBILE ENTITIES MAKE (d) FARMERS EDGE MAKES NO REPRESENTATION WARRANTIES, CONDITIONS, GUARANTEES OR WARRANTYREPRESENTATIONS ABOUT THE TRUTHFULNESS, EXPRESS USEFULNESS, ACCURACY OR IMPLIED UNLESS AGREED TO IN A STATEMENT COMPLETENESS OF WORK SIGNED BY BOTH PARTIESTHE SOFTWARE, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) RESULTS, THE PROGRAM WILL BE UNINTERRUPTEDLICENSEE CONTENT AND CONFIDENTIAL INFORMATION, TIMELY, SECUREAND INCLUDING ALL INTELLECTUAL PROPERTY RELATING THERETO, OR ERROR-FREE; THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, SECURITY OR (iii) THE QUALITY SAFETY OF ANY PRODUCTSOF THE SOFTWARE, SERVICESTHE RESULTS, THE LICENSEE CONTENT AND CONFIDENTIAL INFORMATION, AND INCLUDING ALL INTELLECTUAL PROPERTY RELATING THERETO, AND FARMERS EDGE ASSUMES NO LIABILITY OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONSRESPONSIBILITY THEREOF.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE (e) FARMERS EDGE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)NATURE WHATSOEVER, RESULTING FROM: (i) FROM THE USE OR THE INABILITY LICENSEE’S ACCESS TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAMSOFTWARE, THE RESULTS AND/OR CONFIDENTIAL INFORMATION, AND INCLUDING ALL INTELLECTUAL PROPERTY RELATING THERETO; (iiiB) ANY UNAUTHORIZED ACCESS TO AND USE OF FARMERS EDGE’S SECURE SERVERS AND/OR ALTERATION OF THE PROGRAM’S DATAANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; OR (ivC) ANY OTHER MATTER RELATING INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SOFTWARE OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTALRESULTS; (D) ANY BUGS, CONSEQUENTIALVIRUSES, TROJAN HORSES, OR OTHER DAMAGES. ACCORDINGLYTHE LIKE, SOME OF WHICH MAY BE TRANSMITTED TO OR THROUGH THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SOFTWARE AND/OR THE PURCHASER.RESULTS BY ANY THIRD PARTY; AND/OR
Appears in 1 contract
Samples: End User License Agreement
Disclaimers; Limitation of Liability. A. NONE THE ACQUISITION OF TOKENS UNDER THIS AGREEMENT, THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF TOKENS AND THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS PLATFORM ARE PROVIDED ON AN “„AS IS” IS‟ AND “„AS AVAILABLE” AVAILABLE‟ BASIS.
C. STAYMOBILE . THE COMPANY AND ALL ANY RELATED ENTITIES MAKE NO REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE ACQUISITION OF TOKENS UNDER THIS AGREEMENT, AND THE PLATFORM INCLUDING ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS OR THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, AND MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS, REPRESENTATIVES, AFFILIATES AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES ASSOCIATES DO NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR LOSS, INCLUDING LOSS OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSBUSINESS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECUREREVENUE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATIONPROFITS, OR OTHER MATERIAL PURCHASED LOSS OF OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESOTHERWISE), RESULTING FROM: (i) THE FROM ANY USE OF, OR THE INABILITY TO USE TOKENS, THE PROGRAM PLATFORM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATAMATERIAL, INFORMATION, SOFTWARE, FACILITIES OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA CONTENT ON THE USE PLATFORM, AS WELL AS FROM ACQUISITION OF TOKENS, REGARDLESS OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO BASIS UPON WHICH THE LIABILITY IS CLAIMED. THE INVESTOR ASSUMES ALL RISK OF LOSS RESULTING FROM, CONCERNING OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAMASSOCIATED WITH RISKS SET FORTH IN THIS AGREEMENT, WHICH ARE HEREBY INCORPORATED BY REFERENCE INTO THIS AGREEMENT.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.
Appears in 1 contract
Samples: Token Offer Agreement
Disclaimers; Limitation of Liability. A. NONE OF 6.1. ALTHOUGH MSCI SHALL OBTAIN INFORMATION FOR INCLUSION IN THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISKSERVICE FROM SOURCES THAT MSCI CONSIDERS RELIABLE. THE PROGRAM BENEFITS ARE SERVICE IS PROVIDED ON AN “AS IS” TO LICENSEE ìAS ISî AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL NEITHER MSCI, ANY OF ITS AFFILIATES, DIRECTORSANY OF ITS OR THEIR DIRECT OR INDIRECT INFORMATION PROVIDERS NOR ANY THIRD PARTY INVOLVED IN, OFFICERSOR RELATED TO, AND AGENTSCOMPILING, AND COMPUTING OR CREATING THE AUTHORIZED DEALER AND RESELLER SERVICE (“STAYMOBILE ENTITIES”COLLECTIVELY. THE ìMSCI PARTIESî) EXPRESSLY DISCLAIM ALL WARRANTIES MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND TO LICENSEE OR ANY THIRD PARTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM SERVICE, THE TIMELINESS THEREOF, THE RESULTS TO BE OBTAINED BY THE USE THEREOF OR ANY OTHER MATTER. FURTHER, THE MSCI PARTIES EXPRESSLY DISCLAIM, AND LICENSEE WAIVES, ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIEDAND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITYORIGINALITY, ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE 6.2. LICENSEE ASSUMES THE ENTIRE RISK OF ANY USE LICENSEE MAY MAKE. OR PERMIT OR CAUSE TO BE MADE, OF THE SERVICE AND ACKNOWLEDGES THAT DATA FIELDS MAY NOT BE CONSISTENT THROUGHOUT THE SERVICE. NO REPRESENTATION MSCI PARTY SHALL HAVE ANY LIABILITY TO LICENSEE OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT ANY THIRD PARTY FOR ANY DAMAGES OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECUREANY KIND ARISING OUT OF, OR ERROR-FREE; IN CONNECTION WITH, THIS AGREEMENT OR (iii) THE QUALITY SUBJECT MATTER HEREOF, ANY ERRORS, DELAYS, OMISSIONS OR INTERRUPTIONS OF OR RELATED TO THE SERVICE OR LICENSEE’S OR ANY PRODUCTS, SERVICES, INFORMATIONTHIRD PARTY’S USE OF OR INABILITY TO USE THE SERVICE OR ANY PORTION THEREOF. OR OTHERWISE ARISING OUT OF, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY CONNECTION WITH, THIS AGREEMENT, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIALPUNITIVE OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS OR REVENUES OR OTHER ECONOMIC LOSS OF LICENSEE OR ANY THIRD PARTY). WHETHER IN TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT OR OTHERWISE, AND WHETHER OR NOT THE MSCI PARTY HAS BEEN ADVISED OF, OR EXEMPLARY DAMAGESOTHERWISE MIGHT HAVE ANTICIPATED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.
Appears in 1 contract
Disclaimers; Limitation of Liability. A. NONE (a) EXCEPT FOR THE TITLE WARRANTY SET FORTH IN ARTICLE 7 OF THIS AGREEMENT AND IN EACH BILL OF SALE, EACH ENGINE, AND ALL TECHNICAL AND MAINTENANCE RECORDS AND OTHER DOCUMENTS RELATING TO SUCH ENGINE (“ENGINE DOCUMENTS”), AND EACH AND ANY COMPONENT, FURNISHING, EQUIPMENT AND PART FURNISHED WITH EACH ENGINE WHETHER OR NOT INSTALLED THEREON (COLLECTIVELY, “PARTS”) IS BEING SOLD AND DELIVERED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” AND WITHOUT ANY REPRESENTATION, GUARANTEE OR WARRANTY OF SELLER, EXPRESS OR IMPLIED, OF ANY KIND, ARISING BY LAW OR OTHERWISE; AND
(b) WITHOUT LIMITING THE GENERALITY OF THE PROGRAM OR ANY OF FOREGOING, BUYER [***]=[CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOUILD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED] HEREBY UNCONDITIONALLY AGREES THAT, AS BETWEEN BUYER (ON THE PROGRAM BENEFITS ONE HAND) AND SELLER (ON THE OTHER HAND), EACH ENGINE, ALL ENGINE DOCUMENTS, AND ALL PARTS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM TO BE SOLD AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON PURCHASED IN AN “AS IS, WHERE IS” AND “WITH ALL FAULTS” CONDITION AS AVAILABLE” BASIS.
C. STAYMOBILE AT DELIVERY, AND, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN ARTICLE 7 OF THIS AGREEMENT AND ALL IN THE APPLICABLE BILL OF SALE, NO TERM, CONDITION, WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND HAS BEEN ACCEPTED, MADE OR IS GIVEN BY SELLER OR ANY AFFILIATE OF SELLER OR ANY OF ITS AFFILIATESOR THEIR OFFICERS, DIRECTORS, OFFICERSEMPLOYEES, SERVANTS, REPRESENTATIVES OR AGENTS; AND SELLER HEREBY DISCLAIMS AND BUYER HEREBY WAIVES ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS, INCLUDING WITHOUT LIMITATION THOSE IN RESPECT OF THE AIRWORTHINESS, SERVICEABILITY, VALUE, QUALITY, DURABILITY, DATA PROCESSING, CONDITION, DESIGN, OPERATION, DESCRIPTION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF ANY ENGINE, ANY ENGINE DOCUMENTS, AND AGENTSANY PARTS, AND AS TO THE AUTHORIZED DEALER AND RESELLER ABSENCE OF LATENT, INHERENT OR OTHER DEFECTS (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES WHETHER OR NOT DISCOVERABLE), AS TO THE COMPLETENESS OR CONDITION OF THE ENGINE DOCUMENTS, OR AS TO THE ABSENCE OF ANY KIND WITH RESPECT INFRINGEMENT OF ANY PATENT, COPYRIGHT, DESIGN, OR OTHER PROPRIETARY RIGHTS; ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS (OR OBLIGATION OR LIABILITY, IN CONTRACT OR IN TORT) IN RELATION TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSTHOSE MATTERS, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED ARE EXPRESSLY EXCLUDED.
(c) NONE OF THE PARTIES SHALL BE LIABLE TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEOTHER FOR, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTYEACH PARTY HEREBY WAIVES AND RELEASES ANY CLAIMS AGAINST ANY OTHER PARTY FOR, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, OR LOSS OF PROFITSPROSPECTIVE ECONOMIC ADVANTAGE, GOODWILLARISING OUT OF OR RELATING TO THIS AGREEMENT, USETHE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, DATA, ANY PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR IN ANY OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED WAY ARISING OUT OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY RELATING TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES ENGINE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAMSOLD HEREUNDER.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.
Appears in 1 contract
Disclaimers; Limitation of Liability. A. NONE OF 11.1. ID5 PROVIDES THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ID5 ID SITE OFFERING ON AN “AS AS-IS” BASIS AND, EXCEPT FOR ITS WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, HEREBY DISCLAIMS ANY AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSKIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO THE WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION COMPANY HEREBY ACKNOWLEDGES THAT ID5 DOES NOT WARRANT THAT THE ID5 ID SITE OFFERING, OR WARRANTYANY ASPECT THEREOF, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, PROVIDED IN AN UNINTERRUPTED OR ERROR-FREEFREE FASHION AT ALL TIMES.
(a) TO THE FULLEST EXTENT PERMITTED BY LAW REGARDLESS OF THE THEORY OR TYPE OF CLAIM: (a) YOUR SOLE AND EXCLUSIVE REMEDIES ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, YOUR USE OF THE ID5 ID SITE OFFERING HEREUNDER AND/OR ANY BREACH OF THIS AGREEMENT BY ID5) ARE TO TERMINATE THIS AGREEMENT AND/OR DISCONTINUE YOUR USE OF THE ID5 ID SITE OFFERING; AND (b) IN NO EVENT WILL ID5, ANY OF ITS AFFILIATES, OR (iii) THE QUALITY ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, EQUITYHOLDERS, OR AGENTS BE LIABLE UNDER THIS AGREEMENT, WHETHER IN LAW OR EQUITY, FOR DAMAGES OF ANY PRODUCTSKIND, SERVICESUNDER ANY LEGAL THEORY, INFORMATIONARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING YOUR USE OF, OR OTHER MATERIAL PURCHASED INABILITY TO USE, THE ID5 ID SITE OFFERING OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY ASPECT THEREOF), INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, CONSEQUENTIAL OR EXEMPLARY PUNITIVE DAMAGES, AND WHETHER CAUSED BY TORT (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS NEGLIGENCE), BREACH OF PROFITSCONTRACT OR OTHERWISE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED ID5 IS AWARE OR SHOULD KNOW THAT SUCH DAMAGES ARE POSSIBLE. IN NO EVENT SHALL ID5 BE LIABLE IN ANY MANNER FOR ANY CLAIMS OR DAMAGES OF THE POSSIBILITY ANY KIND ARISING FROM OR RELATING TO USE OF COMPANY SUPPLIED DATA OR ID5 TAG DATA SO LONG AS SUCH USE IS IN ACCORDANCE WITH THIS AGREEMENT, AND YOU AGREE AND COVENANT NOT TO ASSERT ANY CLAIM FOR ANY SUCH DAMAGES), RESULTING FROM: .
11.2. THE LIMITATIONS AND DISCLAIMERS/EXCLUSIONS OF LIABILITY SET OUT IN SECTIONS 11.1 AND 11.2 HEREOF WILL NOT APPLY IN RESPECT OF:
(ia) THE USE ANY INTENTIONALLY HARMFUL OR THE INABILITY TO USE THE PROGRAM FRAUDULENT ACT OR OMISSION OF ID5;
(b) ANY BENEFITS THEREOFFRAUDULENT MISREPRESENTATION OR MISSTATEMENT BY ID5;
(c) DEATH OR PERSONAL INJURY CAUSED BY ID5’S NEGLIGENCE; OR
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (ivd) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS THAT MAY NOT APPLY TO THE PURCHASERBE LIMITED OR EXCLUDED BY APPLICABLE LAW.
Appears in 1 contract
Samples: Id5 Id Site Agreement
Disclaimers; Limitation of Liability. A. NONE OF 5.1 EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4, TO THE PROGRAM OR ANY OF MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM SERVICES, WORK PRODUCT, AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS 3PILLAR TECHNOLOGY PROVIDED BY 3PILLAR ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE 3PILLAR DISCLAIMS ANY AND ALL OF ITS AFFILIATESOTHER PROMISES, DIRECTORS, OFFICERS, REPRESENTATIONS AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSWARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- NON-INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION , QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR WARRANTYDATA ACCURACY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPRESS 3PILLAR DOES NOT GUARANTEE THAT THE SERVICES, WORK PRODUCT OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT3PILLAR TECHNOLOGY: (iA) THE PROGRAM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT 3PILLAR WILL CORRECT ALL ERRORS, (B) WILL OPERATE IN COMBINATION WITH CLIENT’S CONTENT OR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY 3PILLAR, (C) WILL MEET CUSTOMERCLIENT’S SPECIFIC EXPECTATIONS, SPECIFICATIONS OR REQUIREMENTS; (ii) . CLIENT ACKNOWLEDGES AND AGREES THAT 3PILLAR DOES NOT CONTROL THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) ENVIRONMENT IN WHICH THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATIONWORK PRODUCT AND ANY 3PILLAR TECHNOLOGY MAY BE USED, OPERATED OR DISTRIBUTED BY CLIENT OR ITS CUSTOMERS, AND THAT THE SERVICES, WORK PRODUCT AND 3PILLAR TECHNOLOGY MAY BE SUBJECT TO LIMITATIONS, DELAYS, SECURITY RISKS AND OTHER DAMAGES RESULTING FROM SUCH ENVIRONMENT. 3PILLAR IS NOT RESPONSIBLE FOR ANY DELAYS, SECURITY INCIDENTS, OR OTHER MATERIAL PURCHASED DAMAGES RESULTING FROM SUCH ENVIRONMENT OR OBTAINED BY CUSTOMER IN OTHERWISE FROM CLIENT’S USE, OPERATION OR DISTRIBUTION OF THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONSSERVICES, WORK PRODUCT OR 3PILLAR TECHNOLOGY.
E. STAYMOBILE ENTITIES SHALL NOT 5.2 IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIALEXEMPLARY, CONSEQUENTIALpunitive, SPECIAL OR EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR WITHOUT LIMITATION LOSS OF PROFITS, GOODWILLCUSTOMERS OR GOOD WILL), USERELATING TO THIS AGREEMENT (WHETHER ARISING FROM TORT, DATACONTRACT OR OTHERWISE).
5.3 EXCEPT FOR ANY INDEMNITY OBLIGATIONS ARISING FROM SECTION 7, IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER FOR ANY CLAIMS FOR DAMAGES, LOSSES, COSTS, EXPENSES OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER LIABILITY RELATING TO THIS AGREEMENT (WHETHER ARISING FROM TORT, CONTRACT OR OTHERWISE) EXCEED THE PROGRAMACTUAL AMOUNT PAID BY CLIENT TO 3PILLAR FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THAT GAVE RISE TO SUCH LIABILITY.
F. SOME JURISDICTIONS DO NOT ALLOW 5.4 WITH RESPECT TO INDEMNITY OBLIGATIONS ARISING FROM SECTION 7, IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY TO THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY OTHER FOR INCIDENTALANY CLAIMS FOR DAMAGES, CONSEQUENTIALLOSSES, COSTS, EXPENSES OR OTHER DAMAGES. ACCORDINGLYLIABILITY RELATING TO THIS AGREEMENT (WHETHER ARISING FROM TORT, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASERCONTRACT OR OTHERWISE) EXCEED two million (2,000,000) dollars.
Appears in 1 contract
Disclaimers; Limitation of Liability. A. NONE You expressly agree that your use of the Site and the Product is at Your sole risk. Neither RMA, nor its affiliates, nor any of our or their officers, directors or employees, agents, third party content providers, sponsors, licensors or the like (collectively, “Providers”) warrant that the Site and/or the Product will be uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability or currency of any content, information, product or service provided through the Site. THE MATERIALS AVAILABLE ON AND THROUGH THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. RMA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE PROGRAM MATERIALS OR THE RELIABILITY OF ANY OF ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE PROGRAM BENEFITS IS AN INSURANCE POLICY SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS INFORMATION SHALL BE AT CUSTOMER’S YOUR SOLE RISK. RMA RESERVES THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF ITS AFFILIATESTHE SITE. RMA MAY MAKE ANY OTHER CHANGES TO THE SITE, DIRECTORS, OFFICERS, AND AGENTS, THE MATERIALS AND THE AUTHORIZED DEALER AND RESELLER PRODUCTS, PROGRAMS, SERVICES OR PRICES (“STAYMOBILE ENTITIES”IF ANY) EXPRESSLY DISCLAIM ALL WARRANTIES OF DESCRIBED IN THE SITE AT ANY KIND WITH RESPECT TIME WITHOUT NOTICE. NOTWITHSTANDING ANYTHING TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSCONTRARY CONTAINED HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE IN NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES EVENT SHALL NOT RMA BE LIABLE FOR ANY TELECOMMUNICATION SERVICE PROVIDERS, THE INTERNET BACKBONE, ANY ACTIVITIES OF HACKERS OR ANY NEFARIOUS OR CRIMINAL ACTIVITIES, ANY INTERNET SERVERS, END USER'S COMPUTERS, LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, LOSS OF GOODWILL, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTIONS OF BUSINESS, OUT-OF-POCKET EXPENSES OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGESPUNITIVE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATAEXEMPLARY, OR OTHER INTANGIBLE LOSSES (EVEN INCIDENTAL DAMAGE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR IF STAYMOBILE ENTITIES HAVE BEEN RMA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), RESULTING FROM: (i) THE USE STRICT LIABILITY, WARRANTY, STATUTORY RIGHTS OR ANY OTHER BASIS ARISING OUT OF, OR CONNECTED WITH THIS AGREEMENT OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODSSITE, DATAPRODUCT, INFORMATIONDOCUMENTATION, OR SERVICES PURCHASED FURNISHED HEREUNDER. IN THE EVENT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE VOID OR OBTAINED NOT EFFECTIVE, END-USER AGREES THAT THE TOTAL LIABILITY TO END-USER UNDER THIS AGREEMENT SHALL IN NO CASE EXCEED THE FEES PAID TO RMA BY END-USER UNDER THIS AGREEMENT IN THE YEAR IN WHICH THE ACT OR MESSAGES RECEIVED INJURY THAT GAVE RISE TO THE LIABILITY OCCURRED. END-USER AGREES THAT REGARDLESS OF ANY STATUTE OR TRANSACTIONS ENTERED VIA LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF SITE, THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES PRODUCT, OR THE LIMITATION DOCUMENTATION MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR EXCLUSION CAUSE OF LIABILITY FOR INCIDENTAL, CONSEQUENTIALACTION ACCRUES, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASERBE FOREVER BARRED.
Appears in 1 contract
Samples: End User License Agreement
Disclaimers; Limitation of Liability. A. NONE The parties agree that:
(a) THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE PROGRAM BELOW DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
(b) YOU AGREE THAT THE FEI IP IS PROVIDED BY FEI ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR ACCESS AND USE OF THE FEI IP, SHALL BE AT YOUR SOLE RISK.
(c) TO THE FULLEST EXTENT PERMITTED BY LAW, FEI DISCLAIMS ALL WARRANTIES, CONDITIONS, GUARANTEES AND/OR REPRESENTATIONS, EXPRESS, STATUTORY IMPLIED OR ARISING BY CUSTOM, COURSE OF DEALING OR TRADE USAGE, IN CONNECTION WITH THE FARMCOMMAND IP, AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY, CONDITION, GUARANTEE AND/OR REPRESENTATION OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, PERFORMANCE, QUALITY, NON- INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS, SUITABILITY OR ANY IMPLIED WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
(d) FEI MAKES NO WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS ABOUT THE TRUTHFULNESS, USEFULNESS, ACCURACY OR COMPLETENESS OF THE FARMCOMMAND IP, OR THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, SECURITY OR SAFETY OF ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY FARMCOMMAND IP, AND FEI ASSUMES NO LIABILITY OR A CONTRACT OF INSURANCERESPONSIBILITY THEREOF.
B. (e) FEI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMERFEI IP; (B) UNAUTHORIZED ACCESS TO AND USE OF FEI’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (C) INTERRUPTION OR CESSATION OF ITS AFFILIATESTRANSMISSION TO OR FROM THE SOFTWARE OR THE RESULTS; (D) BUGS, DIRECTORSVIRUSES, OFFICERSTROJAN HORSES, AND AGENTSOR THE LIKE, AND WHICH MAY BE TRANSMITTED TO OR THROUGH THE AUTHORIZED DEALER AND RESELLER SOFTWARE AND/OR THE RESULTS BY ANY THIRD PARTY; AND/OR (“STAYMOBILE ENTITIES”E) EXPRESSLY DISCLAIM ALL WARRANTIES ERRORS OR OMISSIONS CONTAINED IN THE FARMCOMMAND IP, AND/OR FOR ANY LOSS OR DAMAGE OF ANY KIND WITH RESPECT INCURRED AS A RESULT OF THE ACCESS TO THE PROGRAM AND OR USE OF ANY OF THE PROGRAM BENEFITSFARMCOMMAND IP.
(f) IN NO EVENT SHALL FEI BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO (1) THE FARMCOMMAND IP, AND (2) THIS XXXX, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, BUSINESS, BUSINESS INTERRUPTION, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION AND/OR GOODWILL, ANTICIPATED OR OTHERWISE, AND/OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY FEI OR ANY PERSON FOR WHOM FEI IS RESPONSIBLE, AND EVEN IF FEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE LIABILITY OF FEI SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
(g) YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS YOU MAKE BASED ON INFORMATION CONTAINED IN THE FARMCOMMAND IP.
(h) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FEI IS TO STOP USING THE SOFTWARE AND THE RESULTS.
(i) FEI WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY MAY SUFFER AS A RESULT OF THE TRANSMISSION, STORAGE OR RECEIPT OF THE RESULTS AND CONFIDENTIAL OR PROPRIETARY INFORMATION THAT YOU MAKE OR THAT YOU EXPRESSLY OR IMPLICITLY AUTHORIZE FEI TO MAKE, OR FOR ANY ERRORS OR ANY CHANGES MADE TO ANY TRANSMITTED, STORED OR RECEIVED INFORMATION OR RESULTS.
(j) FEI’S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES THE LICENSEE PAID TO FEI; AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(k) IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM FEI SHALL CREATE ANY WARRANTY.
(l) YOU AND FEI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FARMCOMMAND IP, OR THIS XXXX, MUST COMMENCE AND BE FILED WITHIN 1 YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(m) ALL EXPRESS OR IMPLIEDAND IMPLIED WARRANTIES REGARDING THE PLANET CONTENT BY PLANET AND ITS SUPPLIERS ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR (n) ALL LIABILITIES (DIRECT AND INDIRECT) TO YOU ARE DISCLAIMED ON BEHALF OF PLANET.
(o) THE PRODUCT INFORMATION DISPLAYED IN THE SEARCH RESULTS IS PROVIDED “AS IS,” WITHOUT WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED IMPLIED, AND FOR INFORMATION PURPOSES ONLY. ALTHOUGH CDMS ENDEAVORS TO PRESENT CURRENT AND ACCURATE INFORMATION, THE SEARCH RESULTS CONTAIN INFORMATION CREATED AND MAINTAINED BY A VARIETY OF EXTERNAL SOURCES THAT MAY NOT BE CURRENT OR COMPLETE. CDMS DOES NOT CONTROL, MONITOR OR GUARANTEE THE TIMELINESS OR ACCURACY OF THE INFORMATION PROVIDED BY SUCH EXTERNAL SOURCES. INCLUSION OF A PRODUCT IN A STATEMENT SEARCH RESULT DOES NOT CONSTITUTE CDMS’ ENDORSEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THAT PRODUCT. IT IS YOUR RESPONSIBILITY TO REVIEW THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, OFFICIAL MANUFACTURER PRODUCT LABEL INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER APPLICABLE REGULATIONS, AND OTHERWISE RESEARCH THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION, CLAIMS AND OPINIONS CONTAINED IN THE PROGRAM SEARCH RESULTS. IN NO EVENT WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT CDMS OR ITS DATA PROVIDERS BE LIABLE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED LOSS CAUSED OR ALLEGED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BE CAUSED BY OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY INFORMATION CONTAINED IN THESE SEARCH RESULTS, INCLUDING INFORMATION THAT IS OUTDATED OR INCORRECT. THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTALSEARCH RESULTS ARE PROVIDED UNDER A LIMITED NON-EXCLUSIVE, CONSEQUENTIALREVOCABLE, OR OTHER DAMAGES. ACCORDINGLYNONTRANSFERABLE LICENSE, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY BE REDISTRIBUTED OR USED TO DEVELOP A STAND-ALONE DATABASE. THE PURCHASERSEARCH RESULTS MAY INCLUDE MATERIALS COVERED BY REGISTERED COPYRIGHTS AND TRADEMARKS. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE INTELLECTUAL PROPERTY OWNERS. IN NO EVENT SHALL THE LIABILITY OF CDMS, ITS OFFICERS, DIRECTORS AND AGENTS HEREUNDER EXCEED $100 IN THE AGGREGATE.
Appears in 1 contract
Samples: End User License Agreement
Disclaimers; Limitation of Liability. A. NONE DUE TO THE INHERENT UNRELIABILITY OF COMMUNICATIONS NETWORKS, SPECTRIO WILL HAVE NO LIABILITY TO CLIENT OR ANY THIRD PARTY FOR ANY INTERRUPTION OF THE PROGRAM SPECTRIO SERVICES CAUSED BY EQUIPMENT FAILURE, NETWORK INTERRUPTION, OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISKSPECTRIO. THE PROGRAM BENEFITS EQUIPMENT AND SPECTRIO SERVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS.” EXCEPT AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATESEXPRESSLY STATED IN THIS MSA, DIRECTORSNO WARRANTIES, OFFICERSCONDITIONS, AND AGENTSGUARANTEES, AND THE AUTHORIZED DEALER AND RESELLER OR REPRESENTATIONS (AS USED HEREIN, “STAYMOBILE ENTITIESWARRANTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT ARE MADE AS TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION , OR WARRANTYARISING FROM A COURSE OF DEALING, TITLE, USAGE OF TRADE, OR COURSE OF PERFORMANCE OR OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED UNLESS AGREED TO IMPLIED, IN A STATEMENT OF WORK SIGNED LAW OR IN FACT, ORAL OR IN WRITING. EACH PARTY HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY WARRANTY MADE BY BOTH PARTIES, THAT: (i) THE PROGRAM OTHER EXCEPT AS SPECIFICALLY SET FORTH IN THIS MSA. IN NO EVENT WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT SPECTRIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO PUNITIVE DAMAGES OR FOR ANY LOSS OF PROFITS, GOODWILLLOSS OF BUSINESS OR REVENUE, USE, OR LOSS OF DATA, HOWEVER CAUSED, WHETHER IN AN ACTION OR CLAIM ARISING IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE CAUSE OF ACTION OR CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER OR NOT SPECTRIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)DAMAGE. IN NO EVENT SHALL SPECTRIO’S AGGREGATE LIABILITY, RESULTING FROM: (i) THE USE IF ANY, INCLUDING LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATIONWARRANTY, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA OTHERWISE, EXCEED THE USE FEES PAID UNDER THIS AGREEMENT FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACCRUAL OF THE PROGRAM; CLAIM OR, IF THAT PERIOD IS LESS THAN TWELVE (iii12) UNAUTHORIZED ACCESS TO MONTHS, THE AMOUNT THAT WOULD HAVE BEEN PAID OR ALTERATION OF PAYABLE HAD THE PROGRAM’S DATA; OR AGREEMENT BEEN IN EFFECT FOR A TWELVE (iv12) ANY OTHER MATTER RELATING MONTH PERIOD PRIOR TO THE PROGRAMACCRUAL OF SUCH CLAIM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.
Appears in 1 contract
Samples: Master Services Agreement
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM SERVICE IS PROVIDED "AS IS" AND OPTIVON MAKES NO EXPRESS OR ANY OF IMPLIED REPRESENTATIONS TO CUSTOMER REGARDING THE PROGRAM BENEFITS IS AN INSURANCE POLICY SERVICE, ITS USE, CONDITION OR A CONTRACT OF INSURANCE.
B. OPERATION. OPTIVON MAKES NO WARRANTY WHATSOEVER THAT ACCESS TO OR USE OF THE PROGRAM SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. OPTIVON EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. OPTIVON SHALL NOT BE LIABLE FOR ANY ACTS, ERRORS, OR OMISSIONS BY IT OR ITS EMPLOYEES OR AGENTS, EXCEPT FOR CONDUCT CONSTITUTING GROSS NEGLIGENCE. IN ANY EVENT OPTIVON'S SOLE LIABILITY HEREUNDER TO THE CUSTOMER FOR ANY AND ALL DAMAGES OF ANY NATURE WHATSOEVER SHALL NOT EXCEED THE FEES AND COSTS PAYABLE BY THE CUSTOMER TO OPTIVON FOR THE PAYMENT PERIOD IN WHICH THE CONDUCT GIVING RISE TO THE CLAIM TOOK PLACE. NEITHER OPTIVON NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OPTIVON'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF OPTIVON'S OR ITS VENDORS' NEGLIGENCE. NEITHER OPTIVON NOR ITS VENDORS WILL BE LIABLE FOR MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN OPTIVON. NEITHER OPTIVON NOR ITS VENDORS WILL BE LIABLE FOR DELAYS OR INTERUPTIONS IN ACCESS TO OR USE OF THE PROGRAM BENEFITS IS AT SERVICES RESULTING FROM CUSTOMER’S SOLE RISK. 'S EQUIPMENT, USE OF THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATESINTERNET, DIRECTORS, OFFICERSOR TELECOMMUNICATIONS SYSTEMS NOT UNDER OPTIVON'S CONTROL, AND AGENTSOPTIVON SHALL HAVE NO LIABILITY FOR ANY SUCH DELAYS OR INTERRUPTIONS. NOTWITHSTANDING THE ABOVE, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT IN NO EVENT SHALL OPTIVON OR ITS EMPLOYEES OR AGENTS BE LIABLE TO THE PROGRAM AND CUSTOMER FOR: (A) ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS INCIDENTAL OR IMPLIEDCONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, LOST PROFITS OR LOSS OF REVENUES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE PERFORMANCE, OR FAILURE TO PERFORM, ANY SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTSSERVICE; (iiB) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; (C) ANY DAMAGES FOR, BASED UPON, OR ARISING OUT OF ANY CAUSE NOT WITHIN OPTIVON’S CONTROL, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITSWITHOUT LIMITATION, GOODWILLNATURAL DISASTERS, USEWEATHER CONDITIONS, DATACIVIL DISTURBANCES, MATERIAL SHORTAGES, ELECTRONIC OR MECHANICAL FAILURES, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE PROBLEMS WITH OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODSINTERRUPTION OF, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAMTELEPHONE SERVICE.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.
Appears in 1 contract
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM OR PIN shall have no liability to Dealer for any damages resulting from any interruptions, delays, inadequacies, errors or omissions relating to the Services. IN NO EVENT SHALL PIN HAVE ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSLIABILITY UNDER THIS AGREEMENT, WHETHER EXPRESS ARISING IN CONTRACT, TORT OR IMPLIEDOTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION LOST PROFITS OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIALPUNITIVE, CONSEQUENTIAL OR EXEMPLARY INCIDENTAL DAMAGES, INCLUDING BUT WHETHER OR NOT LIMITED TO DAMAGES FOR LOSS CAUSED BY THE NEGLIGENCE OF PROFITSPIN, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE PIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). NOTWITHSTANDING THE FOREGOING, RESULTING FROM: (i) THE USE OR THE INABILITY PIN’S MAXIMUM LIABILITY TO USE THE PROGRAM OR DEALER FOR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING DAMAGES WITH RESPECT TO THE PROGRAM.
F. SOME JURISDICTIONS DO SERVICES OR OTHERWISE UNDER THIS AGREEMENT SHALL NOT ALLOW EXCEED THE EXCLUSION GREATER OF CERTAIN WARRANTIES OR (X) AGGREGATE TOTAL FEES PAID BY DEALER TO PIN UNDER ANY INVOICE FOR THE SERVICES, AND (Y) TWENTY FIVE THOUSAND DOLLARS ($25,000.00). NOTWITHSTANDING ANYTHING IN THIS SECTION, THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF IN THE ABOVE LIMITATIONS AND EXCLUSIONS MAY PRECEDING SENTENCE SHALL NOT APPLY TO THE PURCHASER.LIMIT PIN’S LIABILITY FOR DAMAGES (I) ARISING AS A RESULT OF A BREACH INCIDENT OR (II) UNDER SECTION 10 OF THIS ATTACHMENT A.
Appears in 1 contract
Samples: Pin Dealer Agreement
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM Section 5.1 NO PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES UNDER THIS AGREEMENT WITH RESPECT TO ANY INTELLECTUAL PROPERTY, INTELLECTUAL PROPERTY RIGHTS, OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM OTHER SUBJECT MATTER HEREOF. EACH PARTY’S REPRESENTATIONS AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM SUBJECT MATTER OF THIS AGREEMENT ARE ONLY AS SET FORTH IN THE ASSET PURCHASE AGREEMENT (AND NOTHING IN THIS AGREEMENT WILL LIMIT ANY OF SUCH REPRESENTATIONS AND WARRANTIES MADE IN THE PROGRAM BENEFITSASSET PURCHASE AGREEMENT). EACH PARTY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDINGORAL OR WRITTEN, BUT NOT LIMITED TO THE IMPLIED WARRANTIES STATUTORY OR OTHERWISE, UNDER THIS AGREEMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE Section 5.2 NO REPRESENTATION PARTY WILL HAVE ANY OBLIGATION HEREUNDER TO INSTITUTE ANY ACTION OR WARRANTY, EXPRESS SUIT AGAINST THIRD PARTIES FOR INFRINGEMENT OF ANY OF ITS INTELLECTUAL PROPERTY RIGHTS OR IMPLIED UNLESS AGREED TO IN DEFEND ANY ACTION OR SUIT BROUGHT BY A STATEMENT THIRD PARTY WHICH CHALLENGES OR CONCERNS ANY OF WORK SIGNED BY BOTH ITS INTELLECTUAL PROPERTY RIGHTS. NONE OF THE PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTEDNOR ANY OF THEIR RESPECTIVE SUBSIDIARIES, TIMELY, SECUREIS REQUIRED TO FILE ANY PATENT APPLICATION, OR ERROR-FREE; TO SECURE ANY PATENT OR (iii) THE QUALITY PATENT RIGHTS, OR TO MAINTAIN ANY PATENT IN FORCE.
Section 5.3 WITHOUT LIMITATION OF ANY PRODUCTS, SERVICES, INFORMATION, PARTY’S INDEMNIFICATION OR OTHER MATERIAL PURCHASED OBLIGATIONS UNDER THE ASSET PURCHASE AGREEMENT OR OBTAINED BY CUSTOMER OTHER TRANSACTION DOCUMENTS, IN THE PROGRAM NO EVENT WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT ANY PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIALSPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF ANY LOST PROFITS, GOODWILLLOST REVENUE OR LOST BUSINESS, USEARISING OUT OF OR RELATING TO THIS AGREEMENT, DATAWHETHER LIABILITY IS BASED IN CONTRACT, TORT, PRODUCT LIABILITY OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF WHETHER A PARTY KNOWS, HAS BEEN ADVISED OF, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES SHOULD HAVE BEEN ADVISED KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.
Appears in 1 contract
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM FINGERHUT CHOICE PLUS AND ANY OF THE PROGRAM ITS ASSOCIATED BENEFITS IS AT CUSTOMER’S YOUR SOLE RISK. THE PROGRAM MEMBERSHIP BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE . FINGERHUT, AND ALL OF ITS THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, OFFICERS AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER AGENTS (COLLECTIVELY “STAYMOBILE ENTITIESMEMBERSHIP PROVIDERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSKIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- NON-INFRINGEMENT.
D. STAYMOBILE ENTITIES . MEMBERSHIP PROVIDERS MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: WARRANTY THAT (i) THE PROGRAM FINGERHUT CHOICE PLUS WILL MEET CUSTOMER’S SPECIFIC YOUR REQUIREMENTS; , (ii) THE PROGRAM FINGERHUT CHOICE PLUS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; , OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM YOU FROM YOUR USE OF FINGERHUT CHOICE PLUS WILL MEET CUSTOMER’S YOUR EXPECTATIONS.
E. STAYMOBILE ENTITIES . MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE MEMBERSHIP PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM FINGERHUT CHOICE PLUS OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAMFINGERHUT CHOICE PLUS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATAYOUR FINGERHUT CHOICE PLUS MEMBERSHIP; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. FINGERHUT CHOICE PLUS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASERYOU.
Appears in 1 contract
Samples: Membership Agreement
Disclaimers; Limitation of Liability. A. NONE FOR THE PURPOSES OF THIS AGREEMENT AND WITHOUT LIMITING ANY REPRESENTATIONS OR WARRANTIES MADE UNDER THE PROGRAM OR ANY OF PURCHASE AGREEMENT, THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS LICENSES GRANTED HEREIN ARE PROVIDED MADE ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER CDES GROUP AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY THE MTS GROUP HEREBY DISCLAIM ALL ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIEDKIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF WITHOUT LIMITATION, THOSE REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- OR OF NON-INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY. NOTWITHSTANDING THE FOREGOING, EXPRESS OR IMPLIED UNLESS AGREED TO NOTHING IN A STATEMENT OF WORK SIGNED BY BOTH PARTIESTHIS SECTION 2.04 SHALL MODIFY, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECUREALTER, OR ERROR-FREE; OR (iii) LIMIT IN ANY MANNER THE QUALITY OF REPRESENTATIONS, WARRANTIES, COVENANTS AND REMEDIES UNDER THE PURCHASE AGREEMENT. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT PARTY HERETO BE LIABLE FOR ANY LOST PROFITS, LOST REVENUES, LOST OPPORTUNITIES, AMOUNTS BASED ON MULTIPLES OF LOST EARNINGS, OR FOR ANY INCIDENTAL, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIALEXEMPLARY, PUNITIVE OR EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS LOST PROFITS OR LOST REVENUES) OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING PARTY HERETO, ITS SUCCESSORS, ASSIGNS OR ITS RESPECTIVE AFFILIATES, TO THE PROGRAMEXTENT AS A RESULT OF OR ARISING FROM THIS AGREEMENT, REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, BREACH OF WARRANTY OR OTHERWISE.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.
Appears in 1 contract
Samples: Purchase Agreement (M/a-Com Technology Solutions Holdings, Inc.)
Disclaimers; Limitation of Liability. A. NONE (A) EXCEPT AS SPECIFICALLY SET FORTH HEREIN, WORLDWIDE MAKES NO EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH ITS SERVICES OR THOSE OF ANY THIRD PARTY.
(B) SHIPPER EXPRESSLY AUTHORIZES WORLDWIDE TO OBTAIN THE LOWEST VALUATION OR LEVEL OF PROTECTION FOR THE SHIPMENT WHICH MAY BE OFFERED BY ANY THIRD PARTY PROVIDING SERVICES ON BEHALF OF SHIPPER. IN ADDITION, SHIPPER AGREES TO ALL LIMITATIONS OF LIABILITY, CONDITIONS, PROVISIONS, RESTRICTIONS AND/OR REQUIREMENTS AS MAY BE CONTAINED IN THE THIRD PARTY’S TERMS AND CONDITIONS, SHIPPING DOCUMENTS AND/OR TARIFFS.
(C) WORLDWIDE’S LIABILITY FOR CLAIMS ARISING FROM ACTIVITIES RELATING TO CUSTOMS BROKERAGE SHALL BE LIMITED TO THE LESSER OF FIFTY-DOLLARS ($50.00) PER ENTRY OR THE AMOUNT OF BROKERAGE FEES PAID TO WORLDWIDE FOR THE ENTRY; WORLDWIDE’S LIABILITY FOR CLAIMS ARISING FROM SERVICES OTHER THAN CUSTOMS BROKERAGE SHALL BE LIMITED TO THOSE AMOUNTS SET FORTH IN THE ADDITIONAL WORLDWIDE TERMS AND CONDITIONS GOVERNING THOSE SERVICES. (D) IN NO EVENT SHALL WORLDWIDE BE LIABLE OR RESPONSIBLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN PUT ON NOTICE OF THE PROGRAM POSSIBILITY OF SUCH DAMAGES, OR FOR THE ACTS OF THIRD PARTIES. WORLDWIDE SHALL NOT BE LIABLE FOR LOSS, DAMAGE, DELAY OR MONETARY LOSSES OF ANY TYPE CAUSED BY: ACTS OF GOD; PUBLIC AUTHORITIES ACTING WITH ACTUAL OR APPARENT AUTHORITY; STRIKES; LABOR DISPUTES; WEATHER; MECHANICAL FAILURES; AIRCRAFT FAILURES; CIVIL COMMOTIONS; ACTS OR OMISSIONS OF CUSTOMS OR QUARANTINE OFFICIALS; THE NATURE OF THE SHIPMENT’S GOODS OR ANY DEFECTS THEREOF; PUBLIC ENEMIES; HAZARDS INCIDENT TO A STATE OF WAR; ACTS OF TERRORISM; AND ACTS, DEFAULTS OR OMISSIONS OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY SHIPPER OR A CONSIGNEE FOR FAILURE TO OBSERVE THE TERMS AND CONDITIONS OF THE CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIEDCARRIAGE, INCLUDING, BUT NOT LIMITED TO TO, IMPROPER PACKING, MARKING, INCOMPLETE/INACCURATE SHIPPING INSTRUCTIONS AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RULES RELATING TO THE PROGRAMFREIGHT NOT ACCETABLE FOR TRANSPORTATION OR FREIGHT ACCEPTABLE ONLY UNDER CERTAIN CONDITIONS.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.
Appears in 1 contract
Samples: Terms and Conditions of Service
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM PLATFORM TO CONDUCT ANY FORM OF BUSINESS, INCLUDING BROWSING OF THE PLATFORM, IS CONSIDERED A TRANSACTION AND CSR EXPRESSLY AGREES AND ACKNOWLEDGES THAT DISTRIBUTOR SHALL HAVE NO LIABILITY OF ANY KIND AND ANY FORM AS A RESULT OF SUCH TRANSACTION. TO THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL DISTRIBUTOR OR ITS AFFILIATES, DIRECTORSSUBSIDIARIES, OR OTHER PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTSAGENTS BE LIABLE, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF UNDER ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSCIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)) INCLUDING, RESULTING FROM: (i) THE USE WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODSIN PART BY NEGLIGENCE, DATA, INFORMATIONGROSS NEGLIGENCE, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT, UNLESS SPECIFIED IN WRITING. TO THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DISTRIBUTOR’S TOTAL LIABILITY ARISING OUT OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION THIS AGREEMENT UNDER ALL THEORIES OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY SHALL BE LIMITED TO THE PURCHASERFEES ACTUALLY COLLECTED BY DISTRIBUTOR FROM CSR, DURING THE SIX (6) MONTHS PRECEDING ANY CLAIM, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Appears in 1 contract
Samples: Cloud Services Reseller Agreement
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “"AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTS, " WE AND THE AUTHORIZED DEALER OWNER WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA, 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 EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND RESELLER REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR (“STAYMOBILE ENTITIES”OR THE OWNERS) EXPRESSLY DISCLAIM ALL WARRANTIES LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF ANY KIND (I) THE AMOUNT OF FEES DUE AND PAYABLE BY US TO YOU UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM AND (II) FIFTY DOLLARS ($50.00). 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 AND ANY OF THE PROGRAM BENEFITSPROGRAM, WHETHER EXPRESS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- NON-INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT . YOU AGREE THAT WE CANNOT ENSURE THAT EDITIONS OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM YOUR USER GENERATED CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, PROTECTED FROM THEFT OR ERROR-FREE; MISUSE OR (iii) THE QUALITY THAT CUSTOMERS WILL COMPLY WITH ANY CONTENT USAGE RULES. ONEBOOKSHELF WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY PRODUCTSSECURITY SYSTEM OR PROCEDURE OR OF ANY CUSTOMER TO COMPLY WITH ANY CONTENT USAGE RULES. WE CANNOT GUARANTEE THAT OUR SYSTEMS WILL ALWAYS BE AVAILABLE, SERVICESAND WE WILL HAVE NO LIABILITY ARISING FROM SYSTEM OR PROCESS FAILURES, INFORMATIONINTERRUPTIONS, INACCURACIES, ERRORS OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONSLATENCIES.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.
Appears in 1 contract
Samples: Community Content Agreement
Disclaimers; Limitation of Liability. A. NONE OF (a) EXCEPT AS EXPRESSLY SET FORTH IN THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATESAGREEMENT, DIRECTORS, OFFICERSNEITHER PARTY MAKES ANY, AND AGENTSEACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSREPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE COMPANY'S SERVICE, THE Logio SITE, OR ANY OTHER SERVICE, CONTENT, TOOLS OR RELATED DOCUMENTS OR MATERIALS (IN ELECTRONIC FORM OR OTHERWISE) PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO THE WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE, AND NON- INFRINGEMENTEXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY, FUNCTIONALITY OR ANY OTHER ASPECT OF THE COMPANY SERVICE.
D. STAYMOBILE ENTITIES MAKE (b) EXCEPT FOR BREACHES OF THE USE OF MARKS PARAGRAPH 9 ABOVE OR PURSUANT TO THE INDEMNIFICATION PROVISIONS CONTAINED HEREIN, IN NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES EVENT SHALL NOT EITHER PARTY BE LIABLE TO THE OTHER PARTY, WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY), FOR ANY INDIRECT, INCIDENTAL, SPECIALEXEMPLARY, CONSEQUENTIAL, PUNITIVE SPECIAL OR EXEMPLARY CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILLREVENUE, DATA OR USE, DATAOR FOR INTERRUPTED COMMUNICATIONS, OR OTHER INTANGIBLE LOSSES (INCURRED BY EITHER PARTY IN CONNECTION WITH THIS AGREEMENT, EVEN IF STAYMOBILE ENTITIES HAVE THE OTHER PARTY OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL(c) The parties acknowledge that, CONSEQUENTIALseparate and distinct from their own site or service, OR OTHER DAMAGESadvertising, content, materials and Marks, materials posted, or originated by third-parties will be displayed, duplicated, distributed or made available through each party's service or site (the "Third-Party Content"). ACCORDINGLYNeither party makes any warranty whatsoever regarding the Third-Party Content, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASERand under no circumstances will either party be liable for, or will any indemnification rights arise out of or in connection with, such Third-Party Content. This disclaimer of warranty specifically relates to whether or not the Third-Party Content does or will infringe any trademark, service mark, copyright, or other intxxxxctual property right of a third party, or constitute a libel or defamation or false, deceptive or unfair advertising or disparagement under applicable law, or fail to comply with any applicable law, including, without limitation, licensing requirements and administrative or professional rules, or constitute an invasion of the right of privacy or publicity of any person.
Appears in 1 contract
Samples: Private Label Agreement (Wordcruncher Internet Technologies)
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER STITCH LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGARISING BY LAW OR OTHERWISE, BUT NOT LIMITED TO THE IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT, WITH RESPECT TO THE SERVICES AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE STITCH LABS MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STITCH LABS MAKES NO REPRESENTATION WARRANTY THAT ANY REFERRAL URLS, STITCH LABS WEBSITES OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM SERVICES WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR OPERATE ERROR-FREE; FREE OR WITHOUT INTERRUPTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (iiiA) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM STITCH LABS WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR EXEMPLARY PUNITIVE DAMAGES, INCLUDING BUT AND (B) STITCH LABS’ TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT AND THE PROGRAM WILL NOT LIMITED TO DAMAGES FOR LOSS EXCEED ONE HUNDRED DOLLARS (US$100.00). THIS LIMITATION OF PROFITSLIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, GOODWILLTORT, USE, DATASTATUTE, OR ANY OTHER INTANGIBLE LOSSES (BASIS AND EVEN IF STAYMOBILE ENTITIES HAVE A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.
Appears in 1 contract
Samples: Partner Program Agreement
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AMI MAKES NO WARRANTIES AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND EXPRESSLY DISCLAIMS ALL OF ITS AFFILIATESWARRANTIES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED AS TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES . AMI SHALL NOT BE LIABLE FOR ANY INDIRECTAD, INCIDENTAL, SPECIAL, CONSEQUENTIAL, CAMPAIGN OR EXEMPLARY DAMAGESE-MAIL, INCLUDING BUT NOT LIMITED TO DAMAGES FOR THE CONTENT THEREOF, ANY UNAVAILABILITY OR INOPERABILITY OF THE INTERNET, UNAVAILABILITY OR CONSEQUENCES OF ANY AD OR CAMPAIGN, THE AMI SITE, AMI NETWORK OR SERVICES, OR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION RELATED TO OR ARISING OUT OF THE SERVICES, AMI SITE, AMI NETWORK OR ANY AD OR CAMPAIGN. THE INFORMATION AND CONTENT ON THE AMI SITE AND/OR AMI NETWORK AND VIA THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH NO WARRANTY. IN NO EVENT SHALL AMI BE LIABILE FOR ANY LOST PROFITS, GOODWILLLOST REVENUES OR FOR ANY INDIRECT, USEINCIDENTAL, DATACONSEQUENTIAL, SPECIAL OR OTHER INTANGIBLE LOSSES (EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF STAYMOBILE ENTITIES HAVE SUCH DAMAGES ARE FORSEEABLE AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY POSSIBLITY OF SUCH DAMAGES). IN NO EVENT WILL AMI'S LIABILITY HEREUNDER EXCEED THE PAYMENTS MADE BY ADVERTISER TO AMI IN THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. UNLESS OTHERWISE STATED ON THE IO, RESULTING FROM: (i) AMI DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES, THE USE OR ABILITY TO CONVERT THE INABILITY TO USE RESPONSES INTO SALES, THE PROGRAM ACTIVITIES OF ITS PUBLISHERS OR ANY BENEFITS THEREOF; (ii) BENEFIT ADVERTISER MAY RECEIVE BY ADVERTISING WITH AMI OR ITS PUBLISHERS. AMI DOES NOT WARRANT OR GUARANTEE THE COST PROFILE OR DEMOGRAPHICS OF PROCUREMENT A USER. AMI DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON AMI'S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND UPON DELAYS CAUSED BY ACCIDENTS, WAR, ACT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODSGOD, DATA, INFORMATIONEMBARGOES, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING CIRCUMSTANCES BEYOND AMI'S CONTROL. AMI WILL MAKE COAMIRCIALLY REASONABLE EFFORTS TO THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF MEET SCHEDULED DELIVERY AND ONLINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY ITS FAILURE TO THE PURCHASERMEET SAID DATES.
Appears in 1 contract
Samples: Master Advertising Agreement
Disclaimers; Limitation of Liability. A. NONE OF THERE MAY BE DELAYS, OMISSIONS, ERRORS, OR INACCURACIES IN THE PROGRAM OR ANY OF CONTENT, AND THE PROGRAM BENEFITS CONTENT IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED TO YOU ON AN “"AS IS” " BASIS WITHOUT WARRANTIES OF ANY KIND. FCB, ITS CONTENT PROVIDERS, AFFILIATES, CAMPAIGN PARTNERS, ADVERTISING, PROMOTION AND “AS AVAILABLE” BASIS.
C. STAYMOBILE FULFILLMENT AGENCIES AND ALL OF ITS AFFILIATESTHEIR RESPECTIVE OFFICERS, DIRECTORS, OFFICERSEMPLOYEES, AGENTS AND AGENTSLICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATIONS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM WITH RESPECT TO THE SITE AND THE AUTHORIZED DEALER CONTENT ALL EXPRESS, IMPLIED AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL STATUTORY WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND YOU OR ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIEDTHIRD PARTY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED TO, REPRESENTATIONS AND WARRANTIES OF REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, RELIABILITY, STABILITY, READINESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE, OR ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF LAW. FCB, ITS CONTENT PROVIDERS, AFFILIATES, CAMPAIGN PARTNERS, ADVERTISING, PROMOTION AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE FULFILLMENT AGENCIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS ASSUME NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) RESPONSIBILITY FOR THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY CONSEQUENCES OF ANY PRODUCTSERRORS OR OMISSIONS. ANY MATERIAL, SERVICES, INFORMATION, INFORMATION OR OTHER MATERIAL PURCHASED CONTENT DOWNLOADED OR OTHERWISE OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THROUGH THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS SITE IS ACCESSED AT YOUR OWN RISK AND DISCRETION AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU, INCLUDING AND NOT LIMITED TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ALTERATION LOSS OR DAMAGE TO ANY PROPERTY OR LOSS OF DATA OR LOSS OF REVENUE THAT RESULTS FROM THE PROGRAM’S DATA; DOWNLOAD OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAMUSE OF SUCH MATERIAL.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.
Appears in 1 contract
Samples: Terms of Use
Disclaimers; Limitation of Liability. A. NONE The parties agree that:
(a) THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO THE LICENSEE, SOME OR ALL OF THE PROGRAM BELOW DISCLAIMERS, EXCLUSIONS OR ANY OF LIMITATIONS MIGHT NOT APPLY TO THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCELICENSEE, AND THE LICENSEE MIGHT HAVE ADDITIONAL RIGHTS.
B. (b) THE LICENSEE AGREES THAT THE SOFTWARE, THE RESULTS AND THE CONFIDENTIAL INFORMATION, AND ALL INTELLECTUAL PROPERTY RELATING THERETO, ARE PROVIDED BY FARMERS EDGE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE LICENSEE FURTHER AGREES THAT THE LICENSEE’S ACCESS AND USE OF THE PROGRAM SOFTWARE, THE RESULTS AND ANY OF THE PROGRAM BENEFITS IS CONFIDENTIAL INFORMATION, AND ALL INTELLECTUAL PROPERTY RELATING THERETO, SHALL BE AT CUSTOMERTHE LICENSEE’S SOLE RISK. (c) TO THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” FULLEST EXTENT PERMITTED BY LAW, FARMERS EDGE DISCLAIMS ALL WARRANTIES, CONDITIONS, GUARANTEES AND/OR REPRESENTATIONS, EXPRESS, STATUTORY IMPLIED OR ARISING BY CUSTOM, COURSE OF DEALING OR TRADE USAGE, IN CONNECTION WITH THE SOFTWARE, THE RESULTS, THE LICENSEE CONTENT AND “AS AVAILABLE” BASIS.
C. STAYMOBILE THE CONFIDENTIAL INFORMATION, AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTSINTELLECTUAL PROPERTY RELATING THERETO, AND THE AUTHORIZED DEALER LICENSEE’S ACCESS TO AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY, CONDITION, GUARANTEE AND/OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE PROGRAM MERCHANTABILITY AND ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- TITLE, PERFORMANCE, QUALITY, NON-INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION , SECURITY, ACCURACY, COMPLETENESS, SUITABILITY OR ANY IMPLIED WARRANTY, EXPRESS CONDITION, GUARANTEE OR IMPLIED UNLESS AGREED TO IN A STATEMENT REPRESENTATION ARISING FROM COURSE OF WORK SIGNED BY BOTH PARTIESDEALING OR USAGE OF TRADE. (d) FARMERS EDGE MAKES NO WARRANTIES, THAT: (i) CONDITIONS, GUARANTEES OR REPRESENTATIONS ABOUT THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) TRUTHFULNESS, USEFULNESS, ACCURACY OR COMPLETENESS OF THE PROGRAM WILL BE UNINTERRUPTEDSOFTWARE, TIMELYTHE RESULTS, SECURETHE LICENSEE CONTENT AND CONFIDENTIAL INFORMATION, AND INCLUDING ALL INTELLECTUAL PROPERTY RELATING THERETO, OR ERROR-FREE; THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, SECURITY OR (iii) THE QUALITY SAFETY OF ANY PRODUCTSOF THE SOFTWARE, SERVICESTHE RESULTS, THE LICENSEE CONTENT AND CONFIDENTIAL INFORMATION, AND INCLUDING ALL INTELLECTUAL PROPERTY RELATING THERETO, AND FARMERS EDGE ASSUMES NO LIABILITY OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONSRESPONSIBILITY THEREOF.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.
Appears in 1 contract
Samples: End User License Agreement
Disclaimers; Limitation of Liability. A. NONE OF 10.1. ID5 PROVIDES THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ID5 ID SITE OFFERING ON AN “AS AS-IS” BASIS AND, EXCEPT FOR ITS WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, HEREBY DISCLAIMS ANY AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSKIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO THE WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION COMPANY HEREBY ACKNOWLEDGES THAT ID5 DOES NOT WARRANT THAT THE ID5 ID SITE OFFERING, OR WARRANTYANY ASPECT THEREOF, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, PROVIDED IN AN UNINTERRUPTED OR ERROR-FREEFREE FASHION AT ALL TIMES.
10.2. TO THE FULLEST EXTENT PERMITTED BY LAW REGARDLESS OF THE THEORY OR TYPE OF CLAIM: (a) YOUR SOLE AND EXCLUSIVE REMEDIES ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, YOUR USE OF THE ID5 ID SITE OFFERING HEREUNDER AND/OR ANY BREACH OF THIS AGREEMENT BY ID5) ARE TO TERMINATE THIS AGREEMENT AND/OR DISCONTINUE YOUR USE OF THE ID5 ID SITE OFFERING; AND (b) IN NO EVENT WILL ID5, ANY OF ITS AFFILIATES, OR (iii) THE QUALITY ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, EQUITYHOLDERS, OR AGENTS BE LIABLE UNDER THIS AGREEMENT, WHETHER IN LAW OR EQUITY, FOR DAMAGES OF ANY PRODUCTSKIND, SERVICESUNDER ANY LEGAL THEORY, INFORMATIONARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING YOUR USE OF, OR OTHER MATERIAL PURCHASED INABILITY TO USE, THE ID5 ID SITE OFFERING OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY ASPECT THEREOF), INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, CONSEQUENTIAL OR EXEMPLARY PUNITIVE DAMAGES, AND WHETHER CAUSED BY TORT (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS NEGLIGENCE), BREACH OF PROFITSCONTRACT OR OTHERWISE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED ID5 IS AWARE OR SHOULD KNOW THAT SUCH DAMAGES ARE POSSIBLE.
10.3. THE LIMITATIONS AND DISCLAIMERS/EXCLUSIONS OF THE POSSIBILITY LIABILITY SET OUT IN SECTIONS 10.1 AND 10.2 HEREOF WILL NOT APPLY IN RESPECT OF:
(a) ANY INTENTIONALLY HARMFUL OR FRAUDULENT ACT OR OMISSION OF SUCH DAMAGES), RESULTING FROM: ID5;
(ib) THE USE ANY FRAUDULENT MISREPRESENTATION OR THE INABILITY TO USE THE PROGRAM MISSTATEMENT BY ID5;
(c) DEATH OR ANY BENEFITS THEREOFPERSONAL INJURY CAUSED BY ID5’S NEGLIGENCE; OR
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (ivd) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS THAT MAY NOT APPLY TO THE PURCHASERBE LIMITED OR EXCLUDED BY APPLICABLE LAW.
Appears in 1 contract
Samples: Id5 Id Site Agreement
Disclaimers; Limitation of Liability. A. NONE OF THE WEBSITE AND PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED TO YOU ON AN “AS AS-IS” “ AND “AS AVAILABLE” BASIS.
C. STAYMOBILE “ BASIS AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERSTHE USE THEREOF IS AT YOUR SOLE RISK. SAVVYMONEY MAKES NO, AND AGENTSHEREBY DISCLAIMS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSKIND, WHETHER EXPRESS OR EXPRESS, IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TO INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFATORY QUALITY, NONINFRINGEMENT, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTYTITLE WITH RESPECT TO THE WEBSITE AND PROGRAM, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. SAVVYMONEY DOES NOT WARRANT THAT: (iA) THE WEBSITE OR PROGRAM (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED; (B) THE WEBSITE OR PROGRAM WILL MEET CUSTOMER’S SPECIFIC YOUR REQUIREMENTS; OR (iiC) ANY ERRORS OR MALFUNCTIONS IN THE WEBSITE OR PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES CORRECTED. SAVVYMONEY SHALL NOT BE LIABLE IN THE EVENT OF ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR PROGRAM, ANY INTERRUPTION, SUSPENSION OR CESSATION OF ACCESS TO THE WEBSITE OR PROGRAM, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL OR MALICIOUS CODE WHICH MAY BE TRANSMITTED THROUGH THE WEBSITE OR PROGRAM BY ANY THIRD PARTY. SAVVYMONEY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT MADE AVAILABLE ON THE WEBSITE OR THE PROGRAM. NEITHER SAVVYMONEY NOR THE PROGRAM IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. SAVVYMONEY IS NOT A FINANCIAL PLANNER, BROKER, TAX ADVISOR, OR A CREDIT COUNSELOR. The Program is intended only to assist You in Your financial organization and decision-making and is broad in scope. SavvyMoney does not act as Your agent in eliminating, reducing or settling Your debts, obtaining new or different loan terms for You, or improving Your credit history, credit rating, credit report, credit score or debt-to-income ratio. SavvyMoney does not provide accounting, tax, legal, real-estate, mortgage, and financial planning or investment advice. SAVVYMONEY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR EXEMPLARY PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITSPROFIT, GOODWILLREVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE WEBSITE, DATAPROGRAM OR ANY PORTION THEREOF, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE SAVVYMONEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), . UNDER NO CIRCUMSTANCES SHALL SAVVYMONEY BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM: (i) THE USE DIRECTLY OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING INDIRECTLY FROM ANY GOODSCAUSES BEYOND ITS REASONABLE CONTROL, DATAINCLUDING, INFORMATIONWITHOUT LIMITATION, INTERNET OR OTHER NETWORK (INCLUDING WITHOUT LIMITATION PHONE NETWORK OR OTHER TELECOMMUNICATIONS NETWORK) FAILURES OR “BROWNOUTS“, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR SERVICES PURCHASED LOSS OF OR OBTAINED FLUCTUATIONS IN HEAT, LIGHT, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA AIR CONDITIONING. NOTWITHSTANDING ANYTHING TO THE USE CONTRARY IN THIS TOS, SAVVYMONEY'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION FORM OF THE PROGRAM’S DATA; ACTION, WILL BE LIMITED TO (1) FEES PAID BY YOU DURING THE 6 MONTHS PRECEDING THE DATE ON WHICH YOU NOTIFY SAVVYMONEY OF A CLAIM, OR (iv2) ANY OTHER MATTER RELATING TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS). THE PROGRAM.
F. SOME JURISDICTIONS DO EXISTENCE OF MULTIPLE CLAIMS WILL NOT ALLOW INCREASE SAVVYMONEY'S LIABILITY. THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTALFOREGOING LIMITATIONS, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME EXCLUSIONS AND DISCLAIMERS ARE A REASONABLE ALLOCATION OF THE ABOVE LIMITATIONS RISK BETWEEN THE PARTIES AND EXCLUSIONS MAY NOT WILL APPLY TO THE PURCHASERMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
Appears in 1 contract
Samples: Terms of Service
Disclaimers; Limitation of Liability. A. NONE TO THE EXTENT ALLOWED UNDER LAW, WE (AND THOSE THAT WE WORK WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE PROGRAM SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ANY OF ERRORS, AND (C) PROVIDE THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM SERVICE (INCLUDING CONTENT AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND . SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT THESE DISCLAIMERS MAY NOT APPLY TO YOU. TO THE PROGRAM EXTENT PERMITTED UNDER LAW (AND ANY OF UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), WE (AND THOSE THAT WE WORK WITH TO PROVIDE THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (iSERVICES) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIALCONSEQUENTIAL OR PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA, OPPORTUNITIES, REPUTATION, PROFITS OR OTHER INTANGIBLE LOSSES REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL OUR LIABILITY (AND THOSE THAT WE WORK WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) USD 5,000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF STAYMOBILE ENTITIES WE HAVE BEEN ADVISED TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGES)DAMAGE, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS LAWS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTALLIABILITY, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS SO THESE LIMITS MAY NOT APPLY TO THE PURCHASERYOU.
Appears in 1 contract
Samples: Terms of Service
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK7.1. THE PROGRAM BENEFITS PRODUCTS AND SERVICES AND CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “, AS AVAILABLE.” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATESWARRANTIES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITYACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENTARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY7.2. The above disclaimer applies to any damages, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIESliability or injuries, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTEDwhether for breach of contract, TIMELYtort, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONSnegligence or any other cause of action.
E. STAYMOBILE ENTITIES SHALL NOT 7.3. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL WIRED2FISH OR ITS THIRD PARTY LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR EXEMPLARY PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE WIRED2FISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES). TO THE FULLEST EXTENT PERMITTED BY LAW, RESULTING FROM: IN NO EVENT WILL WIRED2FISH’S AND ITS SUPPLIERS’ (iINCLUDING LICENSORS AND THIRD PARTY PROVIDERS) THE USE LIABILITY TO YOU FOR ANY DAMAGES (DIRECT OR THE INABILITY TO USE THE PROGRAM OTHERWISE) OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODSPENALTIES OR LOSS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE REGARDLESS OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS FORM OF ACTION OR CLAIM, EXCEED THE TOTAL FEES THAT WIRED2FISH ACTUALLY RECEIVED FROM YOU UNDER THESE TERMS OF SERVICE IN THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAMSUCH CLAIM.
F. SOME JURISDICTIONS DO NOT ALLOW 7.4. BY USING THE EXCLUSION OF CERTAIN WARRANTIES SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGESUNSUSPECTED. ACCORDINGLY, SOME YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE ABOVE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
7.5. THE LIMITATIONS AND EXCLUSIONS MAY NOT SET FORTH IN THE FOREGOING SECTIONS APPLY TO REGARDLESS OF WHETHER THE PURCHASERLIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7.6. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
Appears in 1 contract
Samples: Terms of Service
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE PROGRAM SITE AND ANY OF THE PROGRAM BENEFITS SOLUTIONS IS AT CUSTOMER’S YOUR SOLE RISK. THE PROGRAM BENEFITS SOLUTIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE . CIVICPLUS AND ALL OF ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AND EMPLOYEES, AGENTS, PARTNERS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSKIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. CIVICPLUS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES LICENSORS MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: WARRANTY THAT (i) THE PROGRAM SOLUTIONS WILL MEET CUSTOMER’S SPECIFIC YOUR REQUIREMENTS; (ii) THE PROGRAM SOLUTIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, SECURE OR ERROR-ERROR- FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOLUTIONS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER YOU THROUGH THE SOLUTIONS WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE PROGRAM SOFTWARE WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOLUTIONS OR THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CIVICPLUS OR THROUGH OR FROM THE SOLUTIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CIVICPLUS IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CIVICPLUS AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR EXEMPLARY OTHER TYPE OF DAMAGES, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF PROFITS, GOODWILL, USE, DATA, REVENUE OR OTHER INTANGIBLE LOSSES (PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR ANY SOLUTION, WITH THE DELAY OR INABILITY TO USE THE SITE OR ANY SOLUTION, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR ANY SOLUTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF STAYMOBILE ENTITIES HAVE CIVICPLUS OR ANY OF CIVICPLUS'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. . BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTALCONSEQUENTIAL OR INCIDENTAL DAMAGES, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS LIMITATION MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE PURCHASEROTHER TERMS OF THIS AGREEMENT, CIVICPLUS IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF CIVICPLUS AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
Appears in 1 contract
Samples: Master Services Agreement
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM OR ANY OF THE PROGRAM BENEFITS a. YOU ACKNOWLEDGE AND AGREE THAT WEB EFT IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND THAT YOUR USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS WEB EFT SHALL BE AT CUSTOMER’S YOUR SOLE RISK. TO THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF FULLEST EXTENT PERMITTED BY LAW, FINRA, ITS AFFILIATESOFFICERS, DIRECTORS, OFFICERSEMPLOYEES, AGENTS, AFFILIATES, AND AGENTS, AND LICENSORS (THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIESFINRA PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSWARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDINGIN CONNECTION WITH WEB EFT AND YOUR USE THEREOF. FINRA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, BUT NOT LIMITED ACCURACY OR COMPLETENESS OF WEB EFT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS OR OMMISSIONS IN ANY CONTENT; (II) TECHNICAL ERRORS AFFECTING WEB EFT IN ANY WAY; (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH WEB EFT BY ANY THIRD PARTY; AND/OR (IV) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE IMPLIED WARRANTIES USE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENTWEB EFT.
D. STAYMOBILE ENTITIES MAKE b. NO REPRESENTATION ADVICE OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, WHETHER ORAL OR OTHER MATERIAL PURCHASED OR WRITTEN, OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONSYOU FROM FINRA OR THROUGH OR FROM USE OF WEB EFT SHALL BE INTENDED TO PROVIDE ANY LEGAL, TAX, INVESTMENT OR FINANCIAL ADVICE OR TO BE COMPLETE ON ANY SUBJECT MATTER CONTAINED THEREIN.
E. STAYMOBILE ENTITIES SHALL NOT c. IN NO EVENT WILL THE FINRA PARTIES BE LIABLE TO YOU FOR ANY INDIRECTDIRECT, SPECIAL, INCIDENTAL, SPECIALEXEMPLARY, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS OR OTHER INTANGIBLE LOSSES PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR DISTRIBUTION OF WEB EFT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (EVEN IF STAYMOBILE ENTITIES HAVE INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT FINRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE LOSS OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. DAMAGE. SOME JURISDICTIONS DO MAY NOT ALLOW THE EXCLUSION LIMITATION OF CERTAIN WARRANTIES INCIDENTAL OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO THE PURCHASERAPPLY.
Appears in 1 contract
Samples: Participant Agreement
Disclaimers; Limitation of Liability. A. NONE EXCEPT FOR ANY LIMITED PERFORMANCE WARRANTY FOR END- CONSUMER PURCHASERS OF THE PROGRAM OR ANY OF PRODUCTS SET FORTH IN THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF CAVUS-SUPPLIED DOCUMENTATION ACCOMPANYING THE PROGRAM PRODUCTS (IF ANY), THE PRODUCTS AND ANY OTHER RIGHTS, GOODS, SERVICES, INTELLECTUAL PROPERTY AND/OR INFORMATION PROVIDED BY OR ON BEHALF OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS CAVUS HEREUNDER ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATESBASIS WITHOUT GUARANTEE, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITSKIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED INCLUDING AS TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTYCAVUS HEREBY EXPRESSLY DISCLAIMS ALL SUCH GUARANTEES, REPRESENTATIONS AND WARRANTIES HEREUNDER, WHETHER EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIESIMPLIED, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTEDORAL OR WRITTEN, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING WITH RESPECT TO THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ENTIRE SUBJECT MATTER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTALTHIS Cavus International, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.Inc. Dealer Agreement
Appears in 1 contract
Samples: Dealer Agreement
Disclaimers; Limitation of Liability. A. NONE 1. NO WARRANTIES
2. YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. DATA YOU AGREE THAT YOUR USE OF THE PROGRAM WEBSITE AND ANY OF THE PROGRAM BENEFITS SERVICES IS AT CUSTOMER’S YOUR SOLE RISK. YOU WILL NOT HOLD FEEDBACK WORLDWIDE OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATESWEBSITE OR SERVICES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF INCLUDING WITHOUT LIMITATION ANY KIND WITH RESPECT LOSS OR DAMAGE TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USEYOUR DEVICES, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF CONTENT. THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS WEBSITE AND SERVICES RESULTING FROM ANY GOODSMAY CONTAIN BUGS, DATAERRORS, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIALPROBLEMS, OR OTHER DAMAGESLIMITATIONS. ACCORDINGLYIMPORTANTLY, SOME YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE ABOVE LIMITATIONS DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND EXCLUSIONS UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE. FEEDBACK WORLDWIDE RETAINS THE DISCRETION TO ELIMINATE ALL USER DATA AND CONTENT IMMEDIATELY UPON TERMINATION OF THE SERVICES. IF AT ANY TIME YOU CANCEL THE SERVICES, ELIMINATE A PHONE OR MOBILE NUMBER OR ELIMINATE A LOCATION, YOU WILL NO LONGER HAVE ACCESS TO ANY CONTENT ASSOCIATED WITH THE LOCATION, PHONE OR MOBILE NUMBER CANCELED. UPON REACTIVATING THE SERVICES USING THE SAME NUMBER(S) AND ASSOCIATED WITH THE SAME REGISTERED ACCOUNT, YOUR CONTENT MAY NOT APPLY TO THE PURCHASERBE AVAILABLE.
Appears in 1 contract
Samples: Terms of Use
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM CCC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY CONDITIONS, EXPRESS, IMPLIED, OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATESSTATUTORY, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM EVENT AND ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: WARRANTY THAT (iA) THE PROGRAM EVENT WILL MEET CUSTOMERYOUR OR MEMBER COMPANY’S SPECIFIC REQUIREMENTSNEEDS; OR
(iiB) ANY INFORMATION OBTAINED THROUGH THE PROGRAM EVENT WILL BE UNINTERRUPTEDACCURATE, TIMELYCOMPLETE, SECURERELIABLE, OR ERROR-ERROR FREE; . YOUR PARTICIPATION IN THE EVENT IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. IN NO EVENT WILL CCC (iii) THE QUALITY OF ANY PRODUCTSINCLUDING ITS EMPLOYEES, SERVICESOFFICERS, INFORMATIONDIRECTORS, SPONSORS, CONTRACTORS, MEMBERS, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT AGENTS) BE LIABLE FOR ANY INDIRECTCONSEQUENTIAL, SPECIAL, INCIDENTAL, SPECIAL, CONSEQUENTIALINDIRECT, OR EXEMPLARY DAMAGESPUNITIVE DAMAGES OR LOST PROFITS OR OPPORTUNITIES ARISING OUT OF, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITSBASED ON, GOODWILL, USE, DATARESULTING FROM, OR OTHER INTANGIBLE LOSSES (IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE EVENT, EVEN IF STAYMOBILE ENTITIES HAVE CCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH THOSE DAMAGES). TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER THIS SECTION, RESULTING FROMCCC’S MAXIMUM, AGGREGATE LIABILITY TO YOU AND MEMBER COMPANY, AND YOUR AND MEMBER COMPANY’S EXCLUSIVE REMEDY FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE EVENT OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF: (i) THE USE AMOUNT YOU PAID TO CCC TO ATTEND THE EVENT OR $100. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN ADDITION TO THE FOREGOING, CCC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE EVENT OR THE INABILITY EVENT VENUE IS FREE OF ANY VIRUS, CONTAGION, OR DISEASE, OR THAT THE EVENT SPACE WILL BE RESTRICTED FROM ENTRY OR PASSAGE TO USE PARTICIPANTS EXCLUSIVELY, AND EXPLICITLY DISCLAIMS ALL RESPONSIBILITY FOR THE PROGRAM EVENT OR THE EVENT VENUE BEING FREE FROM EXPOSURE TO THE COVID-19 VIRUS, INCLUDING ANY MUTATION THEREOF, OR ANY BENEFITS THEREOF; (ii) OTHER VIRUS OR DISEASE, AND RELIES ON GUIDANCE FROM THE COST OF PROCUREMENT OF SUBSTITUTE GOODS APPLICABLE LOCAL AND SERVICES RESULTING FROM ANY GOODSFEDERAL AUTHORITIES, DATAAS WELL AS THE HOST FACILITY, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA IN MAKING ITS DECISIONS ABOUT THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAMEVENT.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.
Appears in 1 contract
Samples: Member Event Participation Agreement
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM PLAN AND ANY OF THE PROGRAM PLAN BENEFITS IS AT CUSTOMER’S YOUR SOLE RISK. THE PROGRAM PLAN BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE B. PROTECTCELL AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, OFFICERS AND AGENTSAGENTS (“PROTECTCELL ENTITIES”), AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) OR APPROVED RETAILER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM PLAN AND ANY OF THE PROGRAM PLAN BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE AND NON- INFRINGEMENT.
D. STAYMOBILE C. PROTECTCELL ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIESIMPLIED, THAT: THAT (i) THE PROGRAM PLAN WILL MEET CUSTOMER’S SPECIFIC YOUR REQUIREMENTS; , (ii) THE PROGRAM PLAN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; , OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER YOU FROM AGREEMENT IN THE PROGRAM PLAN WILL MEET CUSTOMER’S YOUR EXPECTATIONS.
E. STAYMOBILE D. PROTECTCELL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE PROTECTCELL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM PLAN OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAMPLAN; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAMPLAN’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAMPLAN.
F. E. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASERYOU.
Appears in 1 contract
Disclaimers; Limitation of Liability. A. NONE OF THE PROGRAM SERVICE IS PROVIDED "AS IS" AND OPTIVON MAKES NO EXPRESS OR ANY OF IMPLIED REPRESENTATIONS TO CUSTOMER REGARDING THE PROGRAM BENEFITS IS AN INSURANCE POLICY SERVICE, ITS USE, CONDITION OR A CONTRACT OF INSURANCE.
B. OPERATION. OPTIVON MAKES NO WARRANTY WHATSOEVER THAT ACCESS TO OR USE OF THE PROGRAM SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. OPTIVON EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. OPTIVON SHALL NOT BE LIABLE FOR ANY ACTS, ERRORS, OR OMISSIONS BY IT OR ITS EMPLOYEES OR AGENTS, EXCEPT FOR CONDUCT CONSTITUTING GROSS NEGLIGENCE. IN ANY EVENT OPTIVON'S SOLE LIABILITY HEREUNDER TO THE CUSTOMER FOR ANY AND ALL DAMAGES OF ANY NATURE WHATSOEVER SHALL NOT EXCEED THE FEES AND COSTS PAYABLE BY THE CUSTOMER TO OPTIVON FOR THE PAYMENT PERIOD IN WHICH THE CONDUCT GIVING RISE TO THE CLAIM TOOK PLACE. NEITHER OPTIVON NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OPTIVON'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF OPTIVON'S OR ITS VENDORS' NEGLIGENCE. NEITHER OPTIVON NOR ITS VENDORS WILL BE LIABLE FOR MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN OPTIVON. NEITHER OPTIVON NOR ITS VENDORS WILL BE LIABLE FOR DELAYS OR INTERUPTIONS IN ACCESS TO OR USE OF THE PROGRAM BENEFITS IS AT SERVICES RESULTING FROM CUSTOMER’S SOLE RISK. 'S EQUIPMENT, USE OF THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATESINTERNET, DIRECTORS, OFFICERSOR TELECOMMUNICATIONS SYSTEMS NOT UNDER OPTIVON'S CONTROL, AND AGENTSOPTIVON SHALL HAVE NO LIABILITY FOR ANY SUCH DELAYS OR INTERRUPTIONS. NOTWITHSTANDING THE ABOVE, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT IN NO EVENT SHALL OPTIVON OR ITS EMPLOYEES OR AGENTS BE LIABLE TO THE PROGRAM AND CUSTOMER FOR: (A) ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS INCIDENTAL OR IMPLIEDCONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO TO, ANY LOSS OF DATA, LOST PROFITS OR LOSS OF REVENUES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECUREPERFORMANCE, OR ERROR-FREE; OR (iii) THE QUALITY OF FAILURE TO PERFORM, ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGESSERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM BE ABLE TO DIAL 911 OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED TO ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.EMERGENCY SERVICE PERSONNEL THROUGH THE
Appears in 1 contract
Disclaimers; Limitation of Liability. A. NONE (A) EXCEPT AS SPECIFICALLY SET FORTH HEREIN, UNITYCB MAKES NO EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH ITS SERVICES OR THOSE OF ANY THIRD PARTY.
(B) CUSTOMER EXPRESSLY AUTHORIZES UNITYCB TO OBTAIN THE LOWEST VALUATION OR LEVEL OF PROTECTION FOR THE SHIPMENT WHICH MAY BE OFFERED BY ANY THIRD PARTY PROVIDING SERVICES ON BEHALF OF CUSTOMER. IN ADDITION, CUSTOMER AGREES TO ALL LIMITATIONS OF LIABILITY, CONDITIONS, PROVISIONS, RESTRICTIONS AND/OR REQUIREMENTS AS MAY BE CONTAINED IN THE THIRD PARTY’S TERMS AND CONDITIONS, SHIPPING DOCUMENTS AND/OR TARIFFS.
(C) UNITYCB’S LIABILITY FOR CLAIMS ARISING FROM ACTIVITIES RELATING TO CUSTOMS BROKERAGE SHALL BE LIMITED TO THE LESSER OF FIFTY-DOLLARS ($50.00) PER ENTRY OR THE AMOUNT OF BROKERAGE FEES PAID TO UNITYCB FOR THE ENTRY; UNITYCB’S LIABILITY FOR CLAIMS ARISING FROM SERVICES OTHER THAN CUSTOMS BROKERAGE SHALL BE LIMITED TO THOSE AMOUNTS SET FORTH IN THE ADDITIONAL UNITYCB TERMS AND CONDITIONS GOVERNING THOSE SERVICES.
(D) IN NO EVENT SHALL UNITYCB BE LIABLE OR RESPONSIBLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN PUT ON NOTICE OF THE PROGRAM POSSIBILITY OF SUCH DAMAGES, OR FOR THE ACTS OF THIRD PARTIES. UNITYCB SHALL NOT BE LIABLE FOR LOSS, DAMAGE, DELAY OR MONETARY LOSSES OF ANY TYPE CAUSED BY: ACTS OF GOD; PUBLIC AUTHORITIES ACTING WITH ACTUAL OR APPARENT AUTHORITY; STRIKES; LABOR DISPUTES; WEATHER; MECHANICAL FAILURES; AIRCRAFT FAILURES; CIVIL COMMOTIONS; ACTS OR OMISSIONS OF CUSTOMS OR QUARANTINE OFFICIALS; THE NATURE OF THE SHIPMENT’S GOODS OR ANY DEFECTS THEREOF; PUBLIC ENEMIES; HAZARDS INCIDENT TO A STATE OF WAR; ACTS OF TERRORISM; AND ACTS, DEFAULTS OR OMISSIONS OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY SHIPPER, CUSTOMER OR A CONSIGNEE FOR FAILURE TO OBSERVE THE TERMS AND CONDITIONS OF THE CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIEDCARRIAGE, INCLUDING, BUT NOT LIMITED TO TO, IMPROPER PACKING, MARKING, INCOMPLETE/INACCURATE SHIPPING INSTRUCTIONS AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RULES RELATING TO THE PROGRAMFREIGHT NOT ACCETABLE FOR TRANSPORTATION OR FREIGHT ACCEPTABLE ONLY UNDER CERTAIN CONDITIONS.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.
Appears in 1 contract
Samples: Terms and Conditions of Service
Disclaimers; Limitation of Liability. A. NONE OF EXCEPT FOR THE PROGRAM COMPANY’S LIMITED AND EXPLICIT PROMISE UNDER SECTION 6 TO PROCESS PAYMENTS: (A) THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR OTHER COVENANTS TO THE HOST OR ANY OF OTHER USER REGARDING THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE.
B. USE OF THE PROGRAM COMPANY WEBSITE, ANY OTHER COMPANY PROGRAMS, ANY TRIP, ANY TRIP SERVICES, ANY OTHER COMPANY IP ASSETS, AND ANY OF OTHER CONTENT PROVIDED THEREIN; AND (B) THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS COMPANY WEBSITE, ANY OTHER COMPANY PROGRAMS, ANY BOOKINGS, TRIP SERVICES, ANY COMPANY IP ASSETS AND ANY OTHER CONTENT PROVIDED THEREIN ARE ALL PROVIDED TO A HOST AND ALL OTHER USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS.
C. STAYMOBILE AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WITHOUT WARRANTIES OF ANY KIND WITH RESPECT TO KIND. THE PROGRAM COMPANY HEREBY EXPLICITLY DISCLAIMS ANY AND ANY OF THE PROGRAM BENEFITSALL REPRESENTATIONS OR WARRANTIES, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES ANY: (A) WARRANTY OF MERCHANTABILITY, ; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION ; OR WARRANTY, (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED UNLESS AGREED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCTS OR SERVICES OF ANY HOST, OPERATORS OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OF THE FOLLOWING WITH REGARD TO THE FOREGOING: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. FOR PURPOSES OF THIS SECTION 16, THESE THIRD PARTY PRODUCTS AND SERVICES INCLUDE PRODUCTS OR SERVICES OF HOSTS OR OPERATORS. WITHOUT LIMITATION THE GENERALITY OF ANY OTHER PROVISION IN A STATEMENT THIS SECTION 16, AND FOR THE AVOIDANCE OF WORK SIGNED BY BOTH PARTIESDOUBT, EACH HOST HEREBY ACKNOWLEDGES AND AGREES THAT: (iA) THE PROGRAM WILL MEET CUSTOMERSOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY OF THE COMPANY RELATED TO OR ARISING OUT OF THE TRIP SERVICES SHALL BE LIMITED TO THE COMPANY’S SPECIFIC REQUIREMENTSPROCESSING OF THE TRIP PAYMENTS TO THE APPROPRIATE THIRD PARTY PURSUANT TO THE TERMS AND CONDITIONS OF THE PARTICULAR TRIP; AND (iiB) ALL OTHER SERVICES RELATED TO OR ARISING OUT OF THE PROGRAM WILL TRIP, AND ALL OBLIGATIONS RELATED THERETO, ARE SOLELY AND EXCLUSIVELY THE RESPONSIBILITY AND LIABILITY OF THE OPERATOR, HOST OR OTHER THIRD PARTIES PROVIDING SUCH SERVICE AND ARE NOT THE RESPONSIBILITY OR LIABILITY OF THE COMPANY. IN NO EVENT SHALL THE COMPANY BE UNINTERRUPTEDLIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, TIMELYPERSONAL INJURY, SECUREDEATH, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATIONPROPERTY DAMAGE, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS.
E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIALEXEMPLARY, OR EXEMPLARY DAMAGESPUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATANEGLIGENCE), OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), RESULTING FROM: (i) OR OTHERWISE, EXCEED THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE TOTAL OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING AMOUNTS PAID TO THE PROGRAMHOST FOR THE TRIP.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL13. LINKS TO THIRD-PARTY WEBSITES. The Company Website, CONSEQUENTIALother Company Programs or our Trip Services may contain links to third-party websites. These links are provided for your convenience only. The Company has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Company Website, OR OTHER DAMAGES. ACCORDINGLYother Company Programs or our Trip Services, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASERyou do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
Appears in 1 contract
Samples: Booking Agreement