Disclaimers Limitations of Liability. BUYER IS LICENSING THE SPACES AND ENTERING ON TO THE PREMISES TO ACCESS SUCH SPACES ON AN “AS-IS” AND “WHERE-IS” BASIS, AND BUYER CONFIRMS THAT, NONE OF THE SUPPLIER PARTIES OR SECURSPACE HAVE MADE, AND ARE NOT MAKING, ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING OR WITH RESPECT TO THE PREMISES OR THE SPACES, INCLUDING THEIR PHYSICAL OR ENVIRONMENTAL CONDITION, SECURITY FEATURES, THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, THE REQUIREMENTS OF ANY APPLICABLE LAWS OR THE SUITABILITY OF THE SPACES OR PREMISES FOR DEPOSIT OF BUYER’S ASSETS OR ANY OTHER PERMITTED USE HEREUNDER. THE PARTIES HERETO AGREE THAT (I) SECURSPACE IS NOT A PARTY TO THIS RESERVATION AGREEMENT OR ANY OTHER AGREEMENTS ENTERED INTO BETWEEN SUPPLIERS AND BUYERS; (II) SECURSPACE IS NOT A REAL ESTATE BROKER, AGENT OR INSURER; (III) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF SUPPLIERS, BUYERS, SPACES, OR OTHER BUYERS OF THE PLATFORM; AND (IV) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES AGREE THAT SECURSPACE HAS NO CONTROL OVER THE CONTENT CONTAINED IN ANY SUPPLIER PROFILE; THEREFORE THE PARTIES AGREE THAT SECURSPACE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES OR ASSETS. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL, LIABILITY RELATED TO THE FAILURE OF, OR DELAY BY, SECURSPACE TO PROVIDE CONTACT INFORMATION TO A REQUESTING PARTY FOR ANOTHER PARTY FOR NOTICES BY OR BETWEEN SUPPLIER AND BUYER, ANY AND ALL PROFILES, SPACES, PREMISES OR ASSETS. ANY PROFILES, RESERVATIONS OR USE OF THE SPACES/PREMISES ARE MADE, USED, OR ACCEPTED AT THE MEMBER’S OWN RISK. THE PARTIES ACKNOWLEDGE AND AGREE THAT (I) SECURSPACE IS NOT A PARTY TO ANY TRANSACTIONS ENTERED INTO BETWEEN SUPPLIERS OR BUYERS WITH STRIPE, DWOLLA OR OTHER PREFERRED PAYMENT OR PAYOUT VENDORS OR PROVIDERS, INCLUDING BUT NOT LIMITED TO CREDIT CARD VENDORS OR DEBIT CARD VENDORS; (II) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF STRIPE, DWOLLA, CREDIT CARD OR DEBIT CARD VENDORS OR PROCESSORS, AND (III) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE DOES NOT INSPECT, REVIEW OR VERIFY THE PROFILES, THE SPACES OR ANY REPRESENTATIONS OR WARRANTIES MADE BY THE SUPPLIERS, BUYERS OR ANY MEMBERS. EVEN IF SECURSPACE DOES...
Disclaimers Limitations of Liability a. Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services.
b. Subject to (d) below, Customer agrees that in connection with any and all services performed by the Company, the Company shall only be liable for its negligent acts, which are the direct and proximate cause of injury to Customer, including loss or damage to Customer’s goods, and the Company shall in no event be liable for the acts of third parties.
c. In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefore, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s).
d. In the absence of additional coverage under (c) above, the Company’s liability shall be limited to the following:
i. Where the claim arises from activities other than those relating to customs business, $50.00 per shipment or transaction.
ii. Where the claim arises from activities relating to “Customs business,” including importer security filing services or other filings, activities, shipments, or transactions, liability shall be limited to $50.00 per entry or the amount of brokerage fees paid to Company for the entry, whichever is less.
e. In no event shall Company be liable or responsible for (i) consequential, indirect, incidental, statutory or punitive damages even if it has been put on notice of the possibility of such damages, or for (ii) the acts of third parties.
Disclaimers Limitations of Liability. 8.1 The Software shall perform in accordance with the Documentation during the Subscription Period. EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED BY RAPID IN THIS SECTION ABOVE, THE SOFTWARE IS PROVIDED “AS IS” AND RAPID MAKES NO OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, COURSE OF DEALING, OR OF TRADE WITH RESPECT TO ITS SOFTWARE, WHICH WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CUSTOMER’S EXCLUSIVE REMEDIES AND RAPID’S SOLE LIABILITY FOR ANY NON-CONFORMITY OR DEFECT IN THE SOFTWARE SHALL BE THOSE EXPRESSED HEREIN. RAPID PROVIDES NO WARRANTIES FOR SOFTWARE DESIGNATED AS OBSOLETE BY RAPID EITHER IN WRITTEN NOTICE TO CUSTOMER OR OTHERWISE POSTED ON RAPID’S WEBSITE. Customer shall be solely responsible for, and Rapid shall have no obligation to honor, any promises or warranties that Customer may provide to its customers or any third party with respect to any results provided to, or generated by, or as the result of the implementation of the Software. Customer shall indemnify, defend and hold harmless Rapid from and against any and all losses, damages, liabilities, and expenses, including reasonable attorney’s fees, arising out of, related to or in connection with any such promises or warranties, whether express, implied, statutory or otherwise, and to pay any settlement or damages awarded a third party as a result of any action based on such promise or warranty.
Disclaimers Limitations of Liability. (a) Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services or those of any third party.
(b) In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefore, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s);
(c) In the absence of additional coverage under (b) above, the Company’s liability shall be limited to the following:
(i) where the claim arises from activities other than those relating to customs business, $50.00 per shipment or transaction; or,
(ii) where the claim arises from activities relating to “Customs Business,” $50.00 per entry or the amount of brokerage fees paid to Company for the entry, whichever is less; or,
(d) In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory or punitive damages even if it has been put on notice of the possibility of such damages, or for the acts of third parties. Company 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 ;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 shipper or consignee for failure to observe the terms and conditions of the contract of carriage, including but not limited to, improper packing, marking, incomplete/inaccurate shipping instructions and the rules relating to freight not acceptable for transportation or freight acceptable only under certain conditions.
Disclaimers Limitations of Liability. 1. NexMind make no representations or warranties about the suitability, reliability, availability, timeliness, fitness for a particular purpose, title and non-infringement, security or accuracy of the NexMind Services or the Affiliate Program.
2. NexMind Services are provided "as is" without warranty or condition of any kind.
3. To the extent permitted by law, in no event NexMind shall be liable for any indirect, punitive, or consequential damages, including lost profits or business opportunities.
4. Our aggregate liability will be limited to the total Commission amounts you have actually earned in Affiliate Program in the twelve month period preceding the event giving rise to a claim.
Disclaimers Limitations of Liability. 1. Surfer make no representations or warranties about the suitability, reliability, availability, timeliness, fitness for a particular purpose, title and non-infringement, security or accuracy of the Surfer Services or the Affiliate Program.
2. Surfer Services are provided "as is" without warranty or condition of any kind.
3. To the extent permitted by law, in no event Surfer shall be liable for any indirect, punitive, or consequential damages, including lost profits or business opportunities.
4. Our aggregate liability will be limited to the total Commission amounts you have actually earned in Affiliate Program in the twelve month period preceding the event giving rise to a claim.
Disclaimers Limitations of Liability. 5 <PAGE> 12.1 EXCEPT FOR THE WARRANTIES EXPRESSLY STATED IN SECTION 13 BELOW NEITHER PARTY MAKES ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE), AND BOTH PARTIES HEREBY EXPRESSLY DISCLAIM ALL SUCH WARRANTIES.
Disclaimers Limitations of Liability. 8.01 Licensee agrees to indemnify and save Lucent and its Subsidiaries harmless from any claims or demand for personal injury or property damage (including reasonable expense of litigation and settlement of such claims) by third persons to the extent that such claims arise out of, or in connection with, the furnishing or use of any information hereunder.
Disclaimers Limitations of Liability. 8.1 The Software shall perform in accordance with the Documentation during the Subscription Period. EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED BY RAPID ABOVE, TO THE FULLEST EXTENT ALLOWED BY LAW, THE SOFTWARE IS PROVIDED “AS IS” AND RAPID DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Customer shall be solely responsible for, and Rapid shall have no obligation to honor, any promises or warranties that Customer may provide to its customers or any third party with respect to any results provided to, or generated by, or as the result of the implementation of the Software. Customer shall indemnify, defend and hold harmless Rapid from and against any and all losses, damages, liabilities, and expenses, including reasonable attorney’s fees, arising out of, related to or in connection with any such promises or warranties, whether express, implied, statutory or otherwise, and to pay any settlement or damages awarded a third party as a result of any action based on such promise or warranty.
Disclaimers Limitations of Liability. A. IN NO EVENT WILL EITHER PARTY BE LIABLE HEREUNDER FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS MSA, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS INTERRUPTION, WHETHER ARISING IN TORT, INCLUDING NEGLIGENCE, CONTRACT, OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. EACH PARTY’S MAXIMUM CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS MSA WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID OR PAYABLE BY CLIENT TO ETS UNDER THIS MSA. C. ETS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. D. ETS DOES NOT PROMISE OR GUARANTEE ANY LEVEL OF REVENUE OR BUSINESS AS A RESULT OF THE SERVICES.
