Disclaimers of Liability. 1. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR THIS AGREEMENT, (i) IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES FOR DELAY, NON-DELIVERY, NON- PAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF SKRILL USA, ITS EMPLOYEES, AGENTS, SERVICE PROVIDERS OR OTHERWISE, AND (ii) THE SOLE REMEDY AVAILABLE TO YOU FROM SKRILL USA OR ITS AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO A REFUND TO THE SENDER OF THE PRINCIPAL OF THE PAYMENT TRANSACTION AMOUNT, PLUS ASSOCIATED FEES.
2. IN PROVIDING THE PROGRAM TO YOU, NEITHER WE, NOR ANY OF OUR AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS, MAKE ANY EXPRESS REPRESENTATIONS OR WARRANTIES TO YOU WITH RESPECT TO THE PROGRAM EXCEPT AS SET FORTH IN THIS AGREEMENT, AND ALL IMPLIED AND STATUTORY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON- INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED BY US TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
3. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER BASED ON NEGLIGENCE, WILLFUL MISCONDUCT, TORT, CONTRACT OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY OTHER ECONOMIC OR PECUNIARY LOSS, IN EACH CASE ARISING OUT OF OR RELATING IN ANY WAY TO THE ACCOUNT, ANY PRODUCTS OR SERVICES PURCHASED USING THE ACCOUNT, OR THIS AGREEMENT (AS WELL AS ANY RELATED OR PRIOR AGREEMENT THAT YOU MAY HAVE HAD WITH US).
4. WE FURTHER DISCLAIM ANY AND ALL LIABILITY FOR ANY GOODS OR SERVICES BOUGHT OR SOLD BY YOU THAT ARE SETTLED THROUGH YOUR PARTICIPATION IN THE PROGRAM.
Disclaimers of Liability. 10.1 Nothing in this Agreement is intended to exclude or limit any liability that by applicable law or applicable professional regulations cannot be excluded or limited.
10.2 Except as provided in the Additional Terms, the Website, Website Services and EY Materials are provided on an “AS IS” and "AS AVAILABLE" basis.
10.3 It is your responsibility to ensure that the Website, Website Services and EY Materials are suitable for your intended purposes.
10.4 EY gives no warranties, gens or guarantees:
(a) that access to the Website, Website Services or EY Materials will be uninterrupted, error- free or compatible with your hardware or software;
(b) that the Website, Website Services, the EY Materials or the servers from which any of them are made available are free of viruses or other harmful components. You are responsible for implementing appropriate processes, systems and procedures to protect yourself from this type of issue; or
(c) as to the quality, fitness for any particular purpose, availability, performance, functionality, reliability, accuracy, timeliness or completeness of the Website, the Website Services and/or the EY Materials.
10.5 Except as expressly set out in this Agreement, all warranties (including but not limited to implied warranties of merchantability and fitness for a particular purpose or use), terms, conditions and undertakings, whether express or implied by common law, statute, course of dealing or otherwise in relation to the Website, Website Services and EY Materials are excluded to the fullest extent permitted by law.
10.6 You acknowledge and agree that the operation of the Website and the provision of the Website Services and EY Materials is dependent upon the proper and effective functioning of the internet and other third-party equipment and services, and that EY does not guarantee and will not be liable for these in any way.
10.7 Without prejudice to any other exclusions or limitations of liability EY, the other EY Firms and the EY Persons will not be liable to you in contract, tort (including but not limited to negligence), under statute or otherwise for any loss or damage arising under or in connection with:
(a) your use of or inability to use the Website, Website Services or EY Materials; and/or
(b) any decision or action taken in reliance on the Website, the Website Services and/or EY Materials.
10.8 EY, the other EY Firms and the EY Persons will not be liable to you in contract, tort (including but not limited to negligenc...
Disclaimers of Liability. (i) All copyright, trademarks and other intellectual property rights subsisting in or used in connection with the FDB Cloud Connector (including but not limited to all images, animations, audio and other identifiable material relating to the software) are and remain the sole property of FDB.
(ii) FDB WILL ENDEAVOUR TO ENSURE THAT ACCESS TO THE FDB CLOUD CONNECTOR IS UNINTERRUPTED AND THAT TRANSMISSIONS WILL BE ERROR-FREE. HOWEVER, FDB CANNOT GUARANTEE THAT ACCESS WILL NOT BE SUSPENDED FROM TIME TO TIME INCLUDING TO ALLOW FOR REPAIRS, MAINTENANCE OR THE INTRODUCTION OF NEW CONTENT OR FACILITIES. LICENSEE ACKNOWLEDGES THAT BOTH SCHEDULED AND UNSCHEDULED DOWNTIME WILL OCCUR FROM TIME TO TIME DURING THE TERM OF THIS AGREEMENT. LICENSEE FURTHER ACKNOWLEDGES THAT FDB MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE AVAILABILITY OR OPERABILITY OF THE INTERNET. 4. FDB OBLIGATIONS AND RIGHTS
Disclaimers of Liability. 7.1 All personal property of User, its agents, contractors, servants, invitees or employees, in and on the Space or any part of the real property on which the Space is located, shall be and remain therein under any and all circumstances at the sole risk of said parties and Operator shall in no event be liable to any such person or party for any damage to, or loss thereof.
7.2 Operator shall not be liable for any personal injury to User, User's agents, contractors, servants, invitees or employees arising from the use and condition of the Space or any part of the real property on which the Space is located.
7.3 THE PARTIES AGREE THAT UNDER NO CIRCUMSTANCES SHALL OPERATOR, ATLANTIC AVIATION FBO, INC., TIIBIR RESPECTIVE DIRECT AND INDIRECT SUBSIDIARIES AND AFFILIATED COMPANIES UNDER COMMON CONTROL WITH ATLANTIC AVIATION FBO, INC., OR THE AIRPORT BE LIABLE TO USER OR ANY OF USER'S AGENTS, CONTRACTORS, SERVANTS, INVITEES OR EMPLOYEES FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DIMINUTION IN VALUE, LOSS OF USE, LOST PROFITS OR LOST OPPORTUNITY. OPERATOR SHALL HAVE NO OBLIGATION TO KEEP, MAINTAIN OR SECURE USER'S PROPERTY, AND USER ASSUMES ALL RISK OF LOSS OR DAMAGE TO ITS PROPERTY LOCATED IN THE SPACE.
Disclaimers of Liability. CUSTOMER ACKNOWLEDGES AND AGREES THAT SYMANTEC WILL HAVE NO LIABILITY WHATSOEVER AND SPECIFICALLY EXCLUDES LIABILITY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS, (B) LOSS OF PROFITS, (C) LOSS OF DATA,
(D) BUSINESS INTERRUPTION) AND (E) COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
Disclaimers of Liability. Except as to the employees of SPMC, SPMC assumes no liability for damage or injury to persons or property arising from or caused by physical or mental incapacity, physical or mental diminution, or intoxication from alcoholic or other substances, legal or illegal, nor for the “Good Samaritan” acts of any employees of SPMC.
Disclaimers of Liability. MJFF, PPMI, their affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for any damages in any way related to use of this website, including incidental, direct, indirect, consequential, special, punitive, or exemplary damages of any kind, lost revenues or profits, loss of business or loss of data, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies, including, without limitation, as a result of breach of any warranty or other term of this User Agreement. Any and all information provided through this website and PPMI is "as is," and MJFF and PPMI do not warrant or represent that any information provided by them or any third party is accurate or truthful. Although we will make a good faith effort to correct any errors of which we become aware, we do not make any warranties, express or implied, with respect to PPMI or any information offered through this website. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any material or data displayed, uploaded or distributed through PPMI or the Study, or available through this website or mobile applications. Each user must independently verify the accuracy and truthfulness of the information received through this website and PPMI. MJFF and PPMI do not warrant that PPMI will be uninterrupted or error-free. We reserve the right to correct any errors or omissions on the website or in the Study. Although we intend to and will take all reasonable steps to prevent the introduction of viruses, worms, "trojan horses" or other destructive materials that could affect PPMI, we do not guarantee or warrant that the website or the materials that may be downloaded from this website or mobile applications do not contain such destructive features. We are not liable for any damages or harm attributable to such features. Your use of PPMI and/or download of information from this website or related mobile applications is at your own risk. You are responsible for complying with any applicable laws that may apply to you in using this website or PPMI.
Disclaimers of Liability. Sponsor is not responsible for the incorrect, inaccurate or incomplete entry of information or for entries that are lost, late, delayed, misdirected, electronically garbled, damaged, incompletely received,
Disclaimers of Liability. Without affecting our general or specific disclaimers or limitations of liability elsewhere in this Contract, HX shall not be liable for any aspect of medical treatment provided to the customer, including, but not limited to, the consequences of any examination, advice, diagnosis, treatment, prognosis or other services that such doctor or medical personnel may furnish the customer. It may be necessary for the customer to obtain shoreside medical service during or after the cruise in countries other than the United States in which a different standard of medical care applies than to which the customer may be accustomed. HX makes no warranty as to the quality of any such medical services. If a doctor or other medical personnel is aboard as an independent contractor of HX, and if in the opinion of such personnel the customer needs medical attention, and if after embarkation the customer is unable to re- quest or authorize such treatment, the customer hereby consents to treatment by such individuals, or by a physician designated by HX. The customer shall be charged for, and shall pay for, medical services and for medication and supplies used for his or her medical treatment. The customer shall also be responsible for the payment of any medical expenses incurred ashore. Finally, if we refuse to embark you for health and safety-related reasons or because we consider you otherwise unfit to travel, we will not be liable for any loss or expense you incur as a result, nor shall you be entitled to any compensation from us.
Disclaimers of Liability. Without affecting our general or specific disclaimers or limitations of liability elsewhere in this Contract, Hurtigruten shall not be liable for any aspect of medical treatment provided to the customer, including, but not limited to, the consequences of any examination, advice, diagnosis, treatment, prognosis or other services that such doctor or medical personnel may furnish the customer. It may be necessary for the customer to obtain shoreside medical service during or after the cruise in countries other than the United States in which a different standard of medical care applies than to which the customer may be accustomed. Hurtigruten makes no warranty as to the quality of any such medical services. If a doctor or other medical personnel is aboard as an independent contractor of Hurtigruten, and if in the opinion of such personnel the customer needs medical attention, and if after embarkation the customer is unable to re- quest or authorize such treatment, the Finally, if we refuse to embark you for health and safety-related reasons or because we consider you otherwise unfit to travel, we will not be liable for any loss or expense you incur as a result, nor shall you be entitled to any compensation from us.
