Liability and Disclaimer of Warranties Sample Clauses

Liability and Disclaimer of Warranties. YOU AGREE YOUR USE OF MOBILE BANKING AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WATERFORD IS ONLY RESPONSIBLE FOR PERFORMING MOBILE BANKING AS EXPRESSLY STATED IN THIS AGREEMENT. THERE IS NO GUARANTEE THAT ACCESS TO MOBILE BANKING WILL BE AVAILABLE AT ALL TIMES AND WATERFORD SHALL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS MOBILE BANKING. MOBILE BANKING IS PROVIDED “AS IS” AND, EXCEPT AS PROHIBITED BY LAW, WATERFORD AND ITS THIRD PARTY SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING MOBILE BANKING, EQUIPMENT OR THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT OF ANY PARTIES’ PROPRIETARY RIGHTS. IN NO CASE SHALL WATERFORD OR ANY OF OUR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OF DATA, PROFIT, GOODWILL, OR SPECIAL, PUNITIVE, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE SUFFERED BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, THE EQUIPMENT OR MOBILE BANKING WHETHER OR NOT SUCH CLAIM FOR DAMAGES IS BASED ON TORT OR CONTRACT OR WHETHER WATERFORD HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WATERFORD AND ITS THIRD PARTY SERVICE PROVIDERS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. WATERFORD MAKES NO WARRANTY THAT MOBILE BANKING WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT THE RESULTS THAT ARE OBTAINED FROM MOBILE BANKING WILL BE ACCURATE OR RELIABLE, AND/OR ANY ERRORS IN MOBILE BANKING OR THE SOFTWARE WILL BE CORRECTED.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Liability and Disclaimer of Warranties. 1. Notwithstanding anything in this Agreement to the contrary, Principal agrees that the Contractor shall not be liable for any consequential, indirect, special, incidental, exemplary or punitive damages, including, but not limited to, any loss of profits, harm to business, harm to reputation, expense of procurement of substitute services, business interruption, or loss arising from claims of third parties, however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence) or otherwise, arising in any way out of this Agreement or otherwise in connection with any service the Contractor provides to or on behalf of the Principal, even if the Contractor has been or is advised of the possibility of such harm or damages. Principal’s exclusive remedy against the Contractor for, and the extent of the Contractor’s liability for, any claim, regardless of theory, shall be limited to correcting claimed defects as described in paragraph VIII. Under no circumstances will Contractor’s liability, regardless of theory or cause, exceed the amount of consideration paid by Principal to Contractor. 2. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CONTRACTOR MAKES NO EXPRESS OR IMPLIED WARRANTY, STATUTORY OR OTHERWISE, WITH RESPECT TO ITS MATERIALS OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR DESIGN. NO AGENT OF CONTRACTOR IS AUTHORIZED TO ALTER OR ENLARGE CONTRACTOR’S WARRANTY OBLIGATIONS.
Sample 1Sample 2Sample 3
Liability and Disclaimer of Warranties. ANY PROVISION IN THIS AGREEMENT OR ANY OTHER AGREEMENT TO THE CONTRARY NOTWITHSTANDING, BANK SHALL ONLY BE LIABLE FOR DAMAGES SOLELY AND PROXIMATELY CAUSED BY ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND BANK’S LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF (i) CUSTOMER’S ACTUAL DAMAGES OR (ii) THE TOTAL FEES PAID BY CUSTOMER TO BANK FOR THE SERVICE FOR THE PERIOD OF SIX MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ALLEGED GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN NO EVENT SHALL BANK OR ANY PROVIDER BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, LOSSES OR INJURIES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, OR LOSS OF DATA) ARISING OUT OF, OR RELATED TO, THE USE BY CUSTOMER OF THE SERVICE OR ANY OTHER SERVICE OR THE FAILURE OF BANK OR ANY PROVIDER TO PROPERLY PROCESS AND COMPLETE TRANSACTIONS THEREUNDER, EVEN IF BANK OR SUCH PROVIDER(S) HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR INJURIES.
Sample 1Sample 2
Liability and Disclaimer of Warranties. ACE.'S TOTAL LIABILITY TO YOU SHALL NOT EXCE.ED THE AMOUNT PAID BY YOU HEREUNDER. IN NO EVENT WILL ACE BE LIABLE UNDER THIS AGREEMENT, WHETHER IN AGREEMENT, IN TORT (INCLUDING NEGLIGENCE. AND STRICT LIABILITY), OR OTHERWISE, FOR INODENTAL, CONSEQUENTIAL, OR SPEOAL DAMAGES. ACE. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICE. OR COMMODITIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE. Assignment This Agreement may not be assigned or transferred by you, and any such transfer or assignment shall be void.
Sample 1
Liability and Disclaimer of Warranties. The Bank's liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Eligible Account(s) and Online Access. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. The Bank's liability for damages arising out of this Agreement will not exceed the aggregate fees paid by you to Bank as stated in this Agreement. In no event shall either party have any liability to the other party or any third party for any lost profits or costs of procurement of substitute goods or services or for any indirect, special or consequential damage resulting from or arising out of this Agreement. Notwithstanding the foregoing, in no event shall Bank be liable for any losses or damages resulting from: • Your use of or access to (or inability to use or access) the services or any resources accessible through the services; • Your reliance on any information provided via our website; • Any other failure of performance, error, omission, interruption or defect, or any loss or delay in transmission; • Services and/or data provided by your data processing vendor(s); • Software defects in third party software not developed by or licensed from Bank; • Resources, products and services provided by third parties but accessed through the Service (i.e. Internet links) are not our responsibility and we make no representation whatsoever about them. The fact that we have provided access to a third party resource, product or service does not mean that we endorse it. • A virus, the prevention of which was beyond the reasonable control of Bank, or • A third party gaining access to Bank's system and obtaining or altering data. [Bank is specifically not liable for failure of your operations or systems or any other entity's operations or systems In no event will we have liability for direct, special, incidental, punitive or indirect damages, regardless of whether such damages arise in contract, tort (including negligence and strict liability) or otherwise, or for lost profits, business interruption, or loss of programs or data on your computer system, regardless of whether we knew of or should have known the likelihood of such damages in any circumstances thereof. We do not guarantee the security, privacy or integrity of information that you may transmit to us or receive from us over the Internet. If you ar...
Sample 1
Liability and Disclaimer of Warranties. You acknowledge and agree that you have reviewed the information on all pages of this Agreement and verify it to be both true and correct. You agree to indemnify and hold harmless USEA, as well as all other agents, representatives, and parties validly associated with the ACH Debit Agreement shall not be liable to you, or any third party for any incidental, indirect, consequential, special, punitive or exemplary damages of any kind whatsoever arising from or in connection with this Agreement including without limitation a pre -authorized payment or a debit from a Deposit Account (whether in contract, tort, strict liability, products liability or otherwise), including without limitation, lost revenues, loss of profits or loss or interruption of business. This provision shall survive termination of this Agreement. USEA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, OTHER THAN THOSE SP ECIFICALLY SET FORTH HEREIN. Page 2 of 2
Sample 1
Liability and Disclaimer of Warranties. You are solely responsible for controlling the safekeeping of, and access to, the password that you have selected to activate and access your MCU Online Account. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person’s authority, you must notify Municipal Credit Union and arrange to change your PIN and/or password in accordance with the procedures set forth in the Authorized Use of Services by Other Persons section of the NYMCU Online Banking Agreement. You will be responsible for any Bill Payment request you make that contains an error (for instance, if you have not provided us with complete and current payment information, including without limitation the name, address, account number and payment amount for the Payee on a Bill Payment) or if a Bill Payment is a duplicate of another Bill Payment. Municipal Credit Union is not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment. Municipal Credit Union is not liable for any failure to make a Bill Payment if you fail to promptly notify the Municipal Credit Union after you learn that you have not received credit from a Payee for a Bill Payment. Municipal Credit Union is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Municipal Credit Union’s agent. In any event, Municipal Credit Union will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Supplemental Agreement or the MCU Bill Pay service, even if Municipal Credit Union has knowledge of the possibility of them. Municipal Credit Union is not liable for any act, failure to act, or delaying acting if it is caused, in whole or in part, by any cause beyond Municipal Credit Union’s reasonable control.
Sample 1
AutoNDA by SimpleDocs
Liability and Disclaimer of Warranties 
Sample 1Sample 2Sample 3See All (8)

Related to Liability and Disclaimer of Warranties

  • Warranties and Disclaimers (A) THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. TELANIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TELANIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (B) TELANIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELANIA’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH TELANIA WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, TELANIA CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, TELANIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

  • Warranty and Disclaimer Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  • Disclaimer of Warranties YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLE SOFTWARE, AND ANY ASSOCIATED CONTENT, FEATURE, FUNCTIONALITY, OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “APPLE” FOR THE PURPOSES OF SECTIONS 9 AND 10 HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, LOSS, CORRUPTION, ATTACK, VIRUSES, OR HACKING; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

  • Disclaimer of Warranties; Limitation of Liability EXCEPT FOR THE LIMITED WARRANTY IN SECTION 2, MAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE TRADEMARKS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. MAIA WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY TO THE PURCHASER OR ANY THIRD PARTIES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, OR ANY PRODUCTS LIABILITY. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 9.1 AND 9.2, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY ARISING OUT OF OR AS A RESULT OF SELLING APPLES AS LISTED IN EXHIBIT A, THE TRADEMARKS, OR THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERIFIED PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!