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LIABILITY AND DISCLAIMERS Sample Clauses

LIABILITY AND DISCLAIMERSOur liability in connection with any product purchased through our web site is strictly limited to the purchase price of that product. Nothing in these Terms shall exclude or limit in any way our liability: • For death or personal injury caused by our negligence; • For fraud or fraudulent misrepresentation; or • For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability. Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limitation) for any: • loss of income or revenue; • loss of business; • loss of profits or contracts; • loss of anticipated savings; • loss of data; and • waste of management or office time. Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website. All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
LIABILITY AND DISCLAIMERSOur liability in connection with any Product purchased through our web site is strictly limited to the purchase price of that Product except for any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability. Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise expressly stated by law, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort, breach of contract or otherwise, including (without limit) for any:
LIABILITY AND DISCLAIMERS. The maximum extent permitted by law: (i) all representations, warranties and undertakings, including those implied by statute or otherwise, are hereby excluded including, without limitation, all representations, warranties and undertakings in relation to any AgentIQ services, information and materials contained or accessible through the Platform (including, without limitation, in relation to their accuracy, their completeness or their merchantability, quality or fitness for a particular purpose) and all representations, warranties and undertakings that the Platform will be uninterrupted, timely, secure or error-free, and (ii) we accept no responsibility for the compliance of the Platform or the information contained in it with the laws of any country other than New Zealand. The Platform is provided on an “as is” and “as available” basis and your use of the Platform is at your sole risk. Neither we, nor any of our directors, employees, affiliate or representatives will be liable to you (or any other person affiliated with you or who may have an interest in AgentIQ services) for any: (i) direct, indirect, consequential, punitive, special or exemplary loss or damages, (ii) loss of data, income, profits, business, opportunity, reputation, good will, or (iii) loss of or damage to property, arising out of or in connection with your use or accessing of the Platform, notwithstanding that we may have had knowledge of the possibility of such loss or damages, or such loss or damages may have been reasonably foreseeable. You agree that if we are held responsible for any loss or damages, our total liability to you for all damages, losses and causes of action (whether in tort, contract or otherwise) shall be limited to the amount paid by you, if any, for the use of AgentIQ Services. If you are dissatisfied with AgentIQ or our services, your only remedy under these Terms shall be to discontinue your use of the AgentIQ services. Without limiting the preceding sentence, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control. We shall under no circumstances whatever be liable to you, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms and AgentIQ services. You agree to indemnify us and keep us indemnified against all damages, costs, losses (including, without limitation, loss of profits), claims and expenses of any kind, whether direct or indirect, which arise from...
LIABILITY AND DISCLAIMERSPlease be aware that utilizing our services does not guarantee immediate business growth. While we strive to facilitate significant growth for our clients, we do not assume responsibility if clients do not achieve the expected results.
LIABILITY AND DISCLAIMERS. You recognize and acknowledge that the Design is subject to intellectual property laws, including but not limited to copyrights, patents, trademarks, trade secrets, and other proprietary rights held by Designers, as well as its licensors. You are expressly prohibited from tampering with or removing any copyright notices, trademarks, patents, or other proprietary markings, or any confidential legends affixed to or included within the Designs, Documentation, or any of their components. It is important to understand that, through your purchase, download, printing, or any other form of utilization of the Design, you do not acquire any ownership rights to the Designs. The company/Designer retains full and exclusive rights, titles, and interests in the Designs, which are not explicitly transferred to you. Furthermore, you acknowledge that the Designs may contain confidential and proprietary information and materials belonging to Company/Designer. Consequently, you agree that any breach or potential breach of the licensing restrictions and intellectual property rights outlined in this section could result in irreparable harm to Company/Designer, rendering monetary damages insufficient. Therefore, should Company/Designer seek remedies such as injunctions, specific performance, or other equitable relief to enforce any provisions within this section, Company/Designer will not be required to furnish a bond or demonstrate the likelihood of incurring irreparable harm.
LIABILITY AND DISCLAIMERSWarranty Disclaimer. Spoke does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of Services offered or purchased (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Spoke or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL CONTENTS OR COMPONENTS, OR THAT DATA WILL BE SECURE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SPOKE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR
LIABILITY AND DISCLAIMERS. 8.1 The Client shall be responsible for the health and safety of all personnel on its premises and agrees to indemnify and hold harmless CYSIAM against all claims by or in respect of any employees, subcontractors, agents or contractors in respect of death or personal injury suffered whilst working at the Client’s premises, or caused as a result of the Client’s breach of statutory duty or negligence, provided that this indemnity shall not apply to the extent any such claim is caused by CYSIAM’s breach of statutory duty or negligence. 8.2 Subject to clause 8.5 below, CYSIAM shall not be liable for any indirect loss, consequential loss, or any loss of profit, loss of revenue, wasted management time, failure to achieve anticipated savings, loss or corruption of data or loss of goodwill, business interruption, or account for profit (in each case whether direct or indirect) arising in any way in connection with this Agreement. 8.3 Subject to clause 8.2 and 8.5, no matter how many claims are made and whatever the basis of such claims, CYSIAM's maximum aggregate liability to the Client under or in connection with each Scope of Work , whether such claim arises in contract or in tort (including negligence) or otherwise shall not exceed the Fees paid or payable to CYSIAM by the Client under the applicable Scope of Work in which the claim arose. 8.4 The Client acknowledges and agrees that: (a) the nature of the Consultancy Services may involve CYSIAM using computers to secure access to the Client’s programs and/or data, including for the purposes of vulnerability assessment and penetration testing. The Client hereby unconditionally consents to the same and agrees that CYSIAM’s performance of the Consultancy Services shall not contravene the Computer Misuse Act 1990 (and/or any equivalent or replacement laws or regulations); (b) CYSIAM shall not be liable for any consequential effects, results or findings (including any identified vulnerabilities) in the Client’s systems, programs and/or data as a result of the performance of the Consultancy Services; and (c) whilst CYSIAM may provide advice and guidance relating to the security of the Client’s systems, programs and data, it shall remain the Client’s responsibility to ensure its security measures are appropriate, and effectively implemented and enforced, to meet the Client’s needs and CYSIAM shall have no liability in connection with any failure of the Client to implement and maintain appropriate controls; and (d) exce...
LIABILITY AND DISCLAIMERSYOU AGREE TO USE THE SECURE ID AND ANY RELATED SERVICES ONLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS STATED BELOW. YATANARPON CA IS A PROVIDER OF SECURE SITE IDs AND ONLY WARRANTS THAT THE PRODUCTS ARE OF NORMAL MERCHANTABLE CONDITION AND IS FIT FOR A PARTICULAR PURPOSE OF USE. XXXXXXXXXX CA SHALL NOT TAKE RESPONSIBILITY FOR ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED. XXXXXXXXXX CA DISCLAIMS ANY AND ALL LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (INCLUDING LOSS OF PROFITS) ARISING OUT OF THIS AGREEMENT. THE USER GUARANTEES THAT USAGE OF SECURE SITE ID SHALL BE IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE UNION OF MYANMAR THAT ARE IN PLACE AT THE CURRENT TIME. YATANARPON CA RESERVES THE RIGHT TO REVOKE THE SECURE SITE ID FROM THE USER IF AND WHEN A BREACH OF THIS GUARANTEE IS DISCOVERED. YATANARPON CA SHALL NOT TAKE RESPONSIBILITY FOR ANY LEGAL, REGULATORY, COMMERCIAL OR POLITICAL LIABILITY THAT IS INCURRED, EITHER INTENTIONALLY OR UNINTENTIONALLY, BY THE USER OF SECURE SITE ID. IF THE SECURE SITE ID/SECURE SERVER ID IS LOST OR COMPROMISED FOR YOUR LACK OF ANY NECESSARY PRECAUTIONS, YOU SHALL BE SOLELY RESPONSIBLE FOR SUCH LOSS AND IMMEDIATELY NOTIFY YATANARPON CA OF SUCH LOSS SO AS TO REVOKE YOUR CERTIFICATE.
LIABILITY AND DISCLAIMERS. The parties are liable for damages under Danish law's general compensation rules, however, the parties are not responsible for operating loss, loss of profits or other indirect losses. For a condition that triggers payment of bids, the customer can only claim compensation in so far as it only documents a loss beyond the bid. A party's total liability for damages may amount to a maximum of 500,000 DKK during the agreement period. In the case of termination of a delivery agreement, the liability for compensation may be the maximum amount of the delivery agreement. However, the above limitations apply only if the loss cannot be attributed to gross negligence or intentional circumstances of the injured party.
LIABILITY AND DISCLAIMERS. 10.1. TourScanner shall have unrestricted liability for losses caused intentionally or with gross negligence by TourScanner, its legal representatives, or senior executives, and for losses caused intentionally by other assistants in performance. In respect of gross negligence of other assistants in performance, TourScanner's liability shall be as set forth in the provisions for simple negligence in (10.2) below. 10.2. TourScanner shall have unrestricted liability for death, personal injury or damage to health caused by the intent or negligence of TourScanner. TourScanner shall further have unrestricted liability according to the provisions of the Product Liability Act. 10.3. TourScanner shall be liable for losses caused by the breach of its primary obligations by TourScanner, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of the Agreement, which were decisive for the conclusion of the Agreement and on the performance of which Partner may rely. If TourScanner breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by TourScanner at the time the respective service was performed. 10.4. The System and Content are provided on an "as is" and on an "as available" basis. TourScanner shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken. 10.5. TourScanner makes no express or implied warranties or representations of any kind with respect to the Service, the Booking System, the Platform, the Content or other items offered by TourScanner.