Common use of Liability and Disclaimer of Warranties Clause in Contracts

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.

Liability and Disclaimer of Warranties. YOU AGREE THIS CHECKLIST IS NOT INTENDED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR USE OF MOBILE BANKING LEGAL COUNSEL AND ALL INFORMATION OTHER PROFESSIONALS. ICN HIGHLY RECOMMENDS USING LEGAL COUNSEL AND CONTENT (INCLUDING OTHER PROFESSIONALS WHEN CREATING AND REVIEWING FORM DOCUMENTS SO THAT OF THIRD PARTIES) IS AT THE FINAL PRODUCT CONFORMS TO YOUR RISK BUSINESS PRACTICES AND PRIORITIES AND TO THE LAWS APPLICABLE TO YOUR ORGANIZATION. THIS CHECKLIST IS PROVIDED ON AN TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH THE EVALUATION AND “AS AVAILABLE” BASIS. WATERFORD IS ONLY RESPONSIBLE FOR PERFORMING MOBILE BANKING AS EXPRESSLY STATED IN USE OF 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” ANDCHECKLIST, 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, INCLUDING BUT NOT LIMITED TO ANY YOUR RELIANCE ON THE ACCURACY, COMPLETENESS AND USEFULNESS OF ITS CONTENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ICN DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE CHECKLIST, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT OF ANY PARTIES’ PROPRIETARY RIGHTSAND TITLE. IN NO CASE SHALL WATERFORD OR ANY OF OUR THIRD PARTY SERVICE PROVIDERS ICN WILL NOT BE LIABLE FOR ANY LOSS OF DATA, PROFIT, GOODWILL, OR SPECIAL, PUNITIVEDIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES OF ANY KIND UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR NATURE SUFFERED BY YOU ARISING OUT OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR RELATED TO THIS AGREEMENTOTHER INTANGIBLES, THE SOFTWARE, THE EQUIPMENT OR MOBILE BANKING WHETHER OR NOT SUCH CLAIM FOR DAMAGES IS BASED ON TORT OR CONTRACT OR WHETHER WATERFORD EVEN IF ICN HAD BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN DAMAGES, THAT MAY RESULT FROM YOUR USE 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 CORRECTEDCHECKLIST.