Liability Disclaimer. YOU AND YOUR CLIENTS (TO THE EXTENT APPLICABLE) ARE SOLELY RESPONSIBLE FOR INPUTS INTO THE APPLICATION, VERIFYING THE RESULTS OF THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE OF THE APPLICATION. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE OF THE APPLICATION. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Appears in 1 contract
Samples: User Agreement
Liability Disclaimer. YOU MICROSOFT AND YOUR CLIENTS (ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS AND RELATED GRAPHICS PUBLISHED AS PART OF THE WEBSITE SERVICES FOR ANY PURPOSE. ALL SUCH MATERIALS AND RELATED GRAPHICS, AND THE WEBSITE SERVICES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE EXTENT APPLICABLE) FOREGOING, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE MATERIALS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE SOLELY RESPONSIBLE FOR INPUTS INTO PERIODICALLY ADDED TO THE APPLICATION, VERIFYING INFORMATION HEREIN. MICROSOFT AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE RESULTS OF WEBSITE SERVICES AND/OR THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR MATERIALS DESCRIBED HEREIN AT ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE OF THE APPLICATIONTIME. IN NO EVENT SHALL WE MICROSOFT OR OUR ITS SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTALOR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTIONPROFITS, WHETHER IN AN ACTION OF CONTRACT, TORTNEGLIGENCE OR OTHER TORTIOUS ACTION, NEGLIGENCEARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE THE WEBSITE SERVICES, STRICT PRODUCT LIABILITYANY PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE SERVICES, OR OTHERWISE, EVEN IF WE ARE AWARE ANY INFORMATION AVAILABLE FROM THE WEBSITE SERVICES. THE AGGREGATE LIABILITY OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN MICROSOFT ARISING UNDER THIS USER AGREEMENT, WE AGREEMENT WILL NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE OF THE APPLICATION. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESEXCEED $5.00 USD.
Appears in 1 contract
Samples: Research Participation Agreement
Liability Disclaimer. Xxxxx Mortgage LLC STRIVES TO MAKE SURE THAT THE INFORMATION ON ITS WEBSITE IS ACCURATE, BUT INACCURACIES OR ERRORS CAN OCCUR. YOU AND USE THIS WEBSITE AT YOUR CLIENTS (OWN RISK. Xxxxx Mortgage LLC RESERVES THE RIGHT TO CHANGE OR MODIFY THE EXTENT APPLICABLE) ARE SOLELY RESPONSIBLE FOR INPUTS INTO THE APPLICATION, VERIFYING THE RESULTS CONTENT OF THE ITS WEBSITE AT ANY TIME WITH OR WITHOUT NOTICE. YOUR CONTINUED USE OF THE APPLICATION WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH MODIFIED TERMS. THIS WEBSITE AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE ALL OF THE APPLICATION. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN INFORMATION CONTAINED THEREIN ARE PROVIDED “AS IS.” Xxxxx Mortgage LLC DISCLAIMS ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES AND ALL WARRANTIES OF ANY KIND, INCLUDINGWHETHER EXPRESS OR IMPLIED, AS TO ANYTHING WHATSOEVER RELATING TO THIS WEBSITE AND ANY INFORMATION PROVIDED HEREIN, INCLUDING WITHOUT LIMITATIONLIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, LOST DATA FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Xxxxx Mortgage IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS CONSEQUENTIAL DAMAGES CAUSED BY THE USE OF THIS WEBSITE AND/OR THE FORM OF ACTIONCONTENT LOCATED THEREON, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTTORTIOUS CONDUCT, NEGLIGENCE, STRICT PRODUCT LIABILITYLIABILITY OR ANY OTHER CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR OTHERWISE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL ABOVE EXCLUSION MAY NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE OF THE APPLICATION. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENTYOU. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLEYou agree to indemnify and hold Xxxxx Mortgage LLC harmless from and against any and all loss, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIEScost, damage, or expense including, but not limited to, reasonable attorneys’ fees incurred by Xxxxx Mortgage LLC arising out of any action at law or other proceeding necessary to enforce any of the terms, covenants or conditions of the Agreement or due to your breach of this Agreement.
Appears in 1 contract
Samples: Terms of Use
Liability Disclaimer. YOU THE INFORMATION, SOFTWARE, PRODUCTS, AND YOUR CLIENTS (SERVICES INCLUDED IN OR AVAILABLE THROUGH "XxxxxxxxXxxxx.xxx" MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. "XxxxxxxxXxxxx.xxx" AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. "XxxxxxxxXxxxx.xxx" AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT APPLICABLE) PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE SOLELY RESPONSIBLE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. "XxxxxxxxXxxxx.xxx" AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR INPUTS INTO A PARTICULAR PURPOSE, TITLE AND NON‐ INFRINGEMENT. TO THE APPLICATIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERIFYING IN NO EVENT SHALL "XxxxxxxxXxxxx.xxx" AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE RESULTS USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE OF THE APPLICATION. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTIONWEB SITE, WHETHER IN BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, LIABILITY OR OTHERWISE, EVEN IF WE ARE AWARE "XxxxxxxxXxxxx.xxx" OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE PORTION OF THE APPLICATION. WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES"XxxxxxxxXxxxx.xxx" WEB SITE.
Appears in 1 contract
Samples: Terms of Use Agreement
Liability Disclaimer. YOU THE INFORMATION, SOFTWARE, PRODUCTS, AND YOUR CLIENTS (SERVICES INCLUDED IN OR AVAILABLE THROUGH THE XXXXXX XXXXXXXX COACHING WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. XXXXXX XXXXXXXX COACHING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE XXXXXX XXXXXXXX COACHING WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE XXXXXX XXXXXXXX COACHING WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. XXXXXX XXXXXXXX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE XXXXXX XXXXXXXX COACHING WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT APPLICABLE) PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE SOLELY RESPONSIBLE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. XXXXXX XXXXXXXX COACHING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR INPUTS INTO A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE APPLICATIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERIFYING IN NO EVENT WILL XXXXXX XXXXXXXX COACHING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE RESULTS USE OR PERFORMANCE OF THE XXXXXX XXXXXXXX COACHING WEB SITE, WITH THE DELAY OR INABILITY TO USE THE XXXXXX XXXXXXXX COACHING WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE XXXXXX XXXXXXXX COACHING WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE OF THE APPLICATION. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTIONXXXXXX XXXXXXXX COACHING WEB SITE, WHETHER IN BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, LIABILITY OR OTHERWISE, EVEN IF WE ARE AWARE XXXXXX XXXXXXXX COACHING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES DAMAGES. IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL NOT BE LIABLE NO EVENT SHALL XXXXXX XXXXXXXX COACHING’S TOTAL LIABILITY TO YOU IN AN FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID XXXXXX XXXXXXXX COACHING IN THE AGGREGATE GREATER THAN SIX (6) MONTHS PRIOR TO MAKING A CLAIM, OR, IF GREATER, ONE HUNDRED US DOLLARS (US $100.00). SOME JURISDICTIONS DO NOT ALLOW THE AMOUNT THAT IS RECEIVED BY US FROM YOU EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR YOUR USE INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE APPLICATION. THE ABOVE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO MAY NOT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ESSENTIAL PURPOSE SERVICE OR WITH THESE TERMS OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENT. THE PARTIES ACKNOWLEDGE SERVICE, YOUR SOLE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE BARGAIN BETWEEN THE PARTIESSERVICE.
Appears in 1 contract
Samples: Terms of Use Agreement
Liability Disclaimer. YOU THE INFORMATION, SOFTWARE, PRODUCTS, AND YOUR CLIENTS (SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. SECURUS DOCUMENTS, LLC AND/OR ITS SUPPLIERS/ASSOCIATES MAY MAKE IMPROVEMENTS OR CHANGES IN THE SITE AT ANY TIME. SECURUS DOCUMENTS, LLC AND/OR ITS SUPPLIERS/ASSOCIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT APPLICABLE) PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE SOLELY RESPONSIBLE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SECURUS DOCUMENTS, LLC AND/OR ITS SUPPLIERS/ASSOCIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR INPUTS INTO A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. TO THE APPLICATIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERIFYING IN NO EVENT SHALL SECURUS DOCUMENTS, LLC AND/OR ITS SUPPLIERS/ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE RESULTS USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE OF THE APPLICATION. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTIONSITE, WHETHER IN BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, LIABILITY OR OTHERWISE, EVEN IF WE ARE AWARE SECURUS, LLC OR ANY OF ITS SUPPLIERS/ASSOCIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE PORTION OF THE APPLICATION. SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESSITE.
Appears in 1 contract
Samples: Terms of Use
Liability Disclaimer. YOU THE INFORMATION, SOFTWARE, PRODUCTS, AND YOUR CLIENTS (SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REAL WORDS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. REAL WORDS LLC AND/OR ITS EMPLOYEES OR CONTRACTED THIRD PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT APPLICABLE) PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE SOLELY RESPONSIBLE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HOWEVER, REAL WORDS LLC WARRANTS THAT IT MAKES A "BEST EFFORT" TO OFFER ITS NEWS AND INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REAL WORDS LLC AND/OR ITS EMPLOYESS BE LIABLE FOR INPUTS INTO ANY DIRECT, INDIRECT, XXXXX IVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE APPLICATIONUSE OR PERFORMANCE OF THE SITE, VERIFYING WITH THE RESULTS DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE OF THE APPLICATION. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTIONSITE, WHETHER IN BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, LIABILITY OR OTHERWISE, EVEN IF WE ARE AWARE REAL WORDS LLC OR ANY OF ITS EMPLOYESS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE PORTION OF THE APPLICATION. SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESSITE.
Appears in 1 contract
Samples: Terms and Conditions
Liability Disclaimer. Xxxxxxx Insurance Services STRIVES TO MAKE SURE THAT THE INFORMATION ON ITS WEB SITE IS ACCURATE, BUT INACCURACIES OR ERRORS CAN OCCUR. YOU AND USE THIS WEB SITE AT YOUR CLIENTS (OWN RISK. Xxxxxxx Insurance Services RESERVES THE RIGHT TO CHANGE OR MODIFY THE EXTENT APPLICABLE) ARE SOLELY RESPONSIBLE FOR INPUTS INTO THE APPLICATION, VERIFYING THE RESULTS CONTENT OF THE ITS WEB SITE AT ANY TIME WITH OR WITHOUT NOTICE. YOUR CONTINUED USE OF THE APPLICATION WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH MODIFIED TERMS. THIS WEB SITE AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE ALL OF THE APPLICATION. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN INFORMATION CONTAINED THEREIN ARE PROVIDED "AS IS." Xxxxxxx Insurance Services DISCLAIMS ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES AND ALL WARRANTIES OF ANY KIND, INCLUDINGWHETHER EXPRESS OR IMPLIED, AS TO ANYTHING WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION PROVIDED HEREIN, INCLUDING WITHOUT LIMITATIONLIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, LOST DATA FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Xxxxxxx Insurance Services IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS CONSEQUENTIAL DAMAGES CAUSED BY THE USE OF THIS WEB SITE AND/OR THE FORM OF ACTIONCONTENT LOCATED THEREON, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTTORTIOUS CONDUCT, NEGLIGENCE, STRICT PRODUCT LIABILITYLIABILITY OR ANY OTHER CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR OTHERWISE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL ABOVE EXCLUSION MAY NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE OF THE APPLICATION. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENTYOU. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLEYou agree to indemnify and hold Xxxxxxx Insurance Services harmless from and against any and all loss, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIEScost, damage, or expense including, but not limited to, reasonable attorneys' fees incurred by Xxxxxxx Insurance Services arising out of any action at law or other proceeding necessary to enforce any of the terms, covenants or conditions of the Agreement or due to your breach of this Agreement.
Appears in 1 contract
Samples: Terms of Use
Liability Disclaimer. YOU THE INFORMATION, SOFTWARE, PRODUCTS, AND YOUR CLIENTS (SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AZUL VISION INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. AZUL VISION INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT APPLICABLE) PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE SOLELY RESPONSIBLE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AZUL VISION INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR INPUTS INTO A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE APPLICATIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERIFYING IN NO EVENT SHALL AZUL VISION INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE RESULTS USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE OF THE APPLICATION. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTIONSITE, WHETHER IN BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, LIABILITY OR OTHERWISE, EVEN IF WE ARE AWARE AZUL VISION INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE PORTION OF THE APPLICATION. SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESSITE.
Appears in 1 contract
Samples: Terms and Conditions
Liability Disclaimer. YOU THE INFORMATION, SOFTWARE, PRODUCTS, AND YOUR CLIENTS (SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BENNINGTON TOWNSHIP WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BENNINGTON TOWNSHIP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BENNINGTON TOWNSHIP WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BENNINGTON TOWNSHIP WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. BENNINGTON TOWNSHIP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BENNINGTON TOWNSHIP WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT APPLICABLE) PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE SOLELY RESPONSIBLE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BENNINGTON TOWNSHIP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR INPUTS INTO A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE APPLICATIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERIFYING IN NO EVENT SHALL BENNINGTON TOWNSHIP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE RESULTS USE OR PERFORMANCE OF THE BENNINGTON TOWNSHIP WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BENNINGTON TOWNSHIP WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BENNINGTON TOWNSHIP WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE OF THE APPLICATION. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTIONBENNINGTON TOWNSHIP WEB SITE, WHETHER IN BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, LIABILITY OR OTHERWISE, EVEN IF WE ARE AWARE BENNINGTON TOWNSHIP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE PORTION OF THE APPLICATIONBENNINGTON TOWNSHIP WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BENNINGTON TOWNSHIP WEB SITE. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENTBennington Township reserves the right, in its sole discretion, to terminate your access to the Bennington Township Web Site and the related services or any portion thereof at any time, without notice. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLEGENERAL To the maximum extent permitted by law, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESthis agreement is governed by the laws of the State of Michigan, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Shiawassee County, Michigan, U.S.A. in all disputes arising out of or relating to the use of the Bennington Township Web Site. Use of the Bennington Township Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bennington Township as a result of this agreement or use of the Bennington Township Web Site. Bennington Township's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bennington Township's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Bennington Township Web Site or information provided to or gathered by Bennington Township with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bennington Township with respect to the Bennington Township Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bennington Township with respect to the Bennington Township Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Appears in 1 contract
Samples: Terms of Use
Liability Disclaimer. YOU THE INFORMATION, SOFTWARE, PRODUCTS, AND YOUR CLIENTS (SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FRESH HOMEMADE TORTILLAS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. FRESH HOMEMADE TORTILLAS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT APPLICABLE) PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE SOLELY RESPONSIBLE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FRESH HOMEMADE TORTILLAS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR INPUTS INTO A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE APPLICATIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERIFYING IN NO EVENT SHALL FRESH HOMEMADE TORTILLAS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE RESULTS USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE OF THE APPLICATION. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTIONSITE, WHETHER IN BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, LIABILITY OR OTHERWISE, EVEN IF WE ARE AWARE FRESH HOMEMADE TORTILLAS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE PORTION OF THE APPLICATION. SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESSITE.
Appears in 1 contract
Samples: Terms of Service
Liability Disclaimer. YOU THE INFORMATION, SOFTWARE, PRODUCTS, AND YOUR CLIENTS (SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BUSINESS WORLD MENA LLC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. BUSINESS WORLD MENA LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT APPLICABLE) PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE SOLELY RESPONSIBLE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BUSINESS WORLD MENA LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR INPUTS INTO A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE APPLICATIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERIFYING IN NO EVENT SHALL BUSINESS WORLD MENA LLC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE RESULTS USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE OF THE APPLICATION. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTIONSITE, WHETHER IN BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, LIABILITY OR OTHERWISE, EVEN IF WE ARE AWARE BUSINESS WORLD MENA LLC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE PORTION OF THE APPLICATION. SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESSITE.
Appears in 1 contract
Samples: Terms and Conditions
Liability Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOITSEMANG AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, SERVICES, AND SITE CONTENT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA (INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTS WRITTEN OR CREATED BY GOITSEMANG, AND ANY OTHER USER INFORMATION PROVIDED IN CONNECTION THEREWITH) OR OTHER INTANGIBLE LOSSES (EVEN IF GOITSEMANG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CLIENTS TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (e) ANY OTHER MATTER RELATING TO THE EXTENT APPLICABLESITE OR THE SITE CONTENT. GOITSEMANG RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) ARE SOLELY RESPONSIBLE FOR INPUTS INTO THE APPLICATION, VERIFYING THE RESULTS OF THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY WITH OR WITHOUT NOTICE. YOU AND OTHERS. WE WILL AGREE THAT XXXXXXXXXX SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR THE RESULTS ANY MODIFICATION, SUSPENSION OR WORK PRODUCT OBTAINED FROM YOUR USE DISCONTINUANCE OF THE APPLICATIONSITE. IF ANY LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN GOITSEMANG’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $50.00 IN THE AGGREGATE. IN NO EVENT SHALL WE GOITSEMANG (ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS OR OUR SUPPLIERS ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES), BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF ANY SUCH DIRECT DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL NOT BE LIABLE TO YOU IN AN AMOUNT EXCESS IN THE AGGREGATE GREATER THAN OF U.S. $50.00 OR FIVE TIMES THE AMOUNT THAT OF YOUR MOST RECENT MONTHLY PAYMENT (IN THE EVENT YOU ARE A PAYING SUBSCRIBER), WHICHEVER IS RECEIVED BY US FROM YOU FOR YOUR USE LESS. IF ANY PART OF THE APPLICATION. THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL HEREIN IS UNENFORCEABLE UNDER APPLICABLE LAW, GOITSEMANG’S AGGREGATE LIABILITY RELATED THERETO WILL BE DEEMED TO APPLY LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. GOITSEMANG CANNOT AND NOTWITHSTANDING DOES NOT CHECK EACH USER’S IDENTITY. WE ARE NOT INVOLVED IN USER-TO-USER DEALINGS NOR DO WE CONTROL THE FAILURE BEHAVIOR OF PARTICIPANTS ON ANY SITE. THEREFORE, IN THE ESSENTIAL PURPOSE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE GOITSEMANG (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY LIMITED REMEDIES SET FORTH WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THIS USER AGREEMENT. HIS OR HER FAVOR AT THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE FULLY CONSIDERED MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESDEBTOR.”
Appears in 1 contract
Samples: Terms of Use
Liability Disclaimer. YOU THE INFORMATION, SOFTWARE, PRODUCTS, AND YOUR CLIENTS (SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, The hotel AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE EXTENT APPLICABLE) ARE SOLELY RESPONSIBLE FOR INPUTS INTO THE APPLICATION, VERIFYING THE RESULTS INFORMATION AND DESCRIPTION OF THE USE HOTEL AND AIR, TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND THE HOTEL AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE APPLICATION RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOTEL FASTLINK, INC., THE HOTEL . and THEIR RESPECTIVE AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME. THE HOTEL . ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND HOW SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE OUTPUT FROM INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE APPLICATION IS USED BY YOU HOTEL OR ITS AFFILIATES.. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND OTHERSSERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE WILL NOT BE RESPONSIBLE THE HOTEL . ITS AFFILIATES, AND/OR LIABLE THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOU THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE CARRIERS, HOTELS AND OTHER SUPLIERS PROVIDING TRAVEL OR ANY THIRD PARTY OTHER SERVICES FOR THE RESULTS HOTEL ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR WORK PRODUCT OBTAINED FROM YOUR USE EMPLOYEES OF THE APPLICATIONHOTEL . OR IT’S AFFILIATES. THE HOTEL ., HOTEL FASTLINK, INC AND THEIR RESPECTIVE AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIEIS, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE HOTEL ., HOTEL FASTLINK, INC, AND THEIR RESPECTIVE AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL WE THE HOTEL . HOTEL FASTLINK, INC, AND THEIR RESPECTIVE AFFILIATES, AND/OR OUR THEIR RESPECTIVE SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIALDIRECT, INDIRECT, PUNITIVE, INCIDENTAL, STATUTORY SPECIAL, OR PUNITIVE CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY KINDINFORMATION, INCLUDINGSOFTWARE, WITHOUT LIMITATIONPRODUCTS, LOST DATA AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OTHERWISE ARISING OUT OF THE FORM USE OF ACTIONTHIS WEB SITE, WHETHER IN BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF WE ARE AWARE THE HOTEL . ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY NOTWITHSTANDING THE FOREGOING, IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENTNO EVENT WILL The hotel, WE WILL NOT HOTEL FASTLINK, INC, AND THEIR RESPECTIVE AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF, OR IN AN AMOUNT IN ANY WAY CONNECTED WITH, THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE OF THIS WEB SITE OR WITH THE APPLICATION. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED DELAY OR INABILITY TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND NOTWITHSTANDING THE FAILURE SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE ESSENTIAL PURPOSE USE OF ANY LIMITED REMEDIES SET FORTH THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,.IN THIS USER AGREEMENTEXCESS OF AGGREGATE PAYMENTS MADE BY CUSTOMER HEREUNDER, EVEN IF THE HOTEL . THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLEITS AFFILIATES, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.AND/OR THEIR RESPECTIVE SUPPLIERS
Appears in 1 contract
Samples: Website Terms and Conditions
Liability Disclaimer. YOU AGREE THAT:
A. IF YOU USE THE DESKKING SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE DESKKING SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DESKKING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR XXXXXXXX.XXX MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED TO PROVIDE SERVICE TO CLIENTS WITH EMERGENCY-RELATED NEEDS.
B. DESKKING DOES NOT WARRANT THAT (i) THE DESKKING SERVICE WILL MEET YOUR CLIENTS REQUIREMENTS, (TO ii) THE EXTENT APPLICABLEDESKKING SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) ARE SOLELY RESPONSIBLE FOR INPUTS INTO THE APPLICATION, VERIFYING THE RESULTS OF THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION AND HOW DESKKING SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE OUTPUT FROM THE APPLICATION IS USED QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU AND OTHERS. WE THROUGH THE DESKKING SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR DESKKING COLLECTS WILL NOT BE RESPONSIBLE DISCLOSED, OR LIABLE (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO YOU USE OR RELY ON THE DESKKING SERVICE AND INFORMATION OR ANY THIRD PARTY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR THE RESULTS “CONTENT SENSITIVE” OR WORK PRODUCT OBTAINED FROM YOUR “MISSION CRITICAL” APPLICATIONS AND USE. “CONTENT SENSITIVE” SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. “MISSION CRITICAL” APPLICATIONS AND USE OF THE APPLICATION. SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE OF THE APPLICATION. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESDAMAGE.
Appears in 1 contract
Samples: Terms of Service
Liability Disclaimer. LATERPAY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, VIDEO, AUDIO, RELATED GRAPHICS AND OTHERWISE CONTAINED WITHIN THE MATERIALS FOR ANY PURPOSE. AS STATED ABOVE, LATERPAY HAS NO CONTROL OVER THE THIRD-PARTY WEBSITES AND NO RESPONSIBILITY FOR THE CONTENTS OF OR MATERIALS SOLD TO YOU BY SUCH THIRD-PARTY WEBSITES. ACCORDINGLY, LATERPAY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND YOUR CLIENTS (SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE EXTENT APPLICABLE) ARE SOLELY RESPONSIBLE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INPUTS INTO A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE APPLICATIONEXCLUSION OF IMPLIED WARRANTIES, VERIFYING THE RESULTS SO NOT ALL OF THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY ABOVE EXCLUSION MAY APPLY TO YOU. YOU AND OTHERS. WE WILL SPECIFICALLY AGREE THAT LATERPAY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR LIABLE TO YOU ALTERATION OR INTERCEPTION OF YOUR PERSONAL INFORMATION/DATA, TRANSMISSIONS OR OTHER DATA, ANY MATERIALS OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH OR USING THE SERVICE. YOU ALSO SPECIFICALLY AGREE THAT LATERPAY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE MATERIALS BY ANY THIRD PARTY FOR PARTY. YOU FURTHER AGREE THAT LATERPAY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE RESULTS SERVICE AND/OR WORK PRODUCT OBTAINED FROM YOUR USE MAY DISCONTINUE ANY PART OF THE APPLICATIONSERVICE AT ANY TIME. IN NO EVENT SHALL WE LATERPAY AND/OR OUR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIALDIRECT, INDIRECT, PUNITIVE, INCIDENTAL, STATUTORY SPECIAL, CONSEQUENTIAL DAMAGES OR PUNITIVE ANY DAMAGES OF ANY KIND, WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOST DAMAGES FOR UNAUTHORIZED ACCESS TO OR ALTERATION OR INTERCEPTION OF YOUR PERSONAL INFORMATION/DATA, TRANSMISSIONS OR OTHER DATA, LOSS OF USE, DATA OR PROGRAMSPROFITS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE FORM OF ACTIONSERVICE, OR FOR ANY MATERIALS OBTAINED FROM THIRD PARTIES THROUGH THE SERVICE, WHETHER IN BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, LIABILITY OR OTHERWISE, EVEN IF WE ARE AWARE LATERPAY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCEDAMAGES. NOTWITHSTANDING ANYTHING BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE EXCLUSION OF THE APPLICATION. THE LIMITATIONS WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN LATERPAY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE DEEMED LIMITED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE ONE-HUNDRED DOLLARS ($100). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ESSENTIAL PURPOSE SERVICE, OR WITH ANY OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENTTHESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND/OR DEACTIVATE YOUR ACCOUNT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLEYou agree to indemnify and hold Laterpay harmless from all claims, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESliabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of any part of the Service; (b) your use of any received Materials, products or services offered by third-parties in connection with the Service, including without limitation any damage to any software or hardware as a result of any viruses; (c) your alleged breach of this Agreement; or (d) the suspension or termination of you as a user of the Service as provided in this Agreement at the sole and exclusive discretion of Laterpay.
Appears in 1 contract
Samples: Terms of Service
Liability Disclaimer. YOU THE INFORMATION, SOFTWARE, PRODUCTS, AND YOUR CLIENTS (SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MERIDIAN BRIDGE RV RESORT WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MERIDIAN BRIDGE RV RESORT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MERIDIAN BRIDGE RV RESORT WEB SITE AT ANY TIME. ADVICE RECEIVED VIA MERIDIAN BRIDGE RV RESORT WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. MERIDIAN BRIDGE RV RESORT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MERIDIAN BRIDGE RV RESORT WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT APPLICABLE) PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE SOLELY RESPONSIBLE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MERIDIAN BRIDGE RV RESORT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR INPUTS INTO A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. TO THE APPLICATIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERIFYING IN NO EVENT SHALL MERIDIAN BRIDGE RV RESORT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE RESULTS USE OR PERFORMANCE OF THE MERIDIAN BRIDGE RV RESORT WEB SITE, WITH THE DELAY OR INABILITY TO USE THE MERIDIAN BRIDGE RV RESORT’S WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MERIDIAN BRIDGE RV RESORT WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE OF THE APPLICATION. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTIONMERIDIAN BRIDGE RV RESORT WEB SITE, WHETHER IN BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, LIABILITY OR OTHERWISE, EVEN IF WE ARE AWARE MERIDIAN BRIDGE RV RESORT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE PORTION OF THE APPLICATIONMERIDIAN BRIDGE RV RESORT WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MERIDIAN BRIDGE RV RESORT WEB SITE. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLEMERIDIAN BRIDGE RV RESORT reserves the right, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESin its sole discretion, to terminate your access to the MERIDIAN BRIDGE RV RESORT Web Site and the related services or any portion thereof at any time, without notice.
Appears in 1 contract
Samples: Terms of Use
Liability Disclaimer. YOU THE INFORMATION, SOFTWARE, PRODUCTS, AND YOUR CLIENTS (SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE EXTENT APPLICABLE) ARE SOLELY RESPONSIBLE INFORMATION HEREIN. Ampion Powered by Bluebird Community Solar AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME WITHOUT NOTICE. Ampion Powered by Bluebird Community Solar AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION CONTAINED ON THE SITE FOR INPUTS INTO ANY PURPOSE. IN NO EVENT SHALL Ampion Powered by Bluebird Community Solar BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE APPLICATIONUSE OR PERFORMANCE OF THE SITE, VERIFYING WITH THE RESULTS DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATIONOBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE OF THE APPLICATION. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTIONSITE, WHETHER IN BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, LIABILITY OR OTHERWISE, EVEN IF WE ARE AWARE Ampion Powered by Bluebird Community Solar HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCEDAMAGES. NOTWITHSTANDING ANYTHING BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE CONTRARY SET FORTH IN THIS USER. IF THE USER AGREEMENTIS DISSATISFIED WITH ANY PORTION OF THE SITE, WE WILL NOT BE LIABLE OR WITH ANY OF THESE TERMS OF USE, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR DISCONTINUE USE OF THE APPLICATION. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESSITE.
Appears in 1 contract
Samples: Website Terms of Use
Liability Disclaimer. YOU SOLBEG MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND YOUR CLIENTS (TO THE EXTENT APPLICABLE) ARE SOLELY RESPONSIBLE FOR INPUTS INTO THE APPLICATION, VERIFYING THE RESULTS ACCURACY OF THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE OF THE APPLICATION. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER SERVICE FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCEPURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE OF THE APPLICATION. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LAW, ALL SERVICE IS PROVIDED ‘AS IS’ WITHOUT WARRANTY OR CONDITION OF ANY KIND. SOLBEG HEREBY DISCLAIMS ALL WARRANTIES AND NOTWITHSTANDING CONDITIONS WITH REGARD TO ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE FAILURE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOLBEG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SOLBEG IS ADVISED OF THE ESSENTIAL PURPOSE POSSIBILITY OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENTSUCH DAMAGES. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLEFULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. You specifically acknowledge that Solbeg shall not be liable for content, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESuser submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. If you are dissatisfied with any portion of service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Service. Solbeg reserves the right to modify, suspend or terminate the Service, your account or your user’s rights to access the Service, and remove, disable and discard any data if we believe that you or your users have violated this Terms of Use, without notice. Solbeg shall not be liable to you, your users, or any other third party for any such modification, suspension or discontinuation of your rights to access and use the Services. Any suspected fraudulent, abusive, or illegal activity by you, or your users, may be referred to law enforcement authorities at our sole discretion.
Appears in 1 contract
Samples: Terms of Use
Liability Disclaimer. YOU LATERPAY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND YOUR CLIENTS (SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, VIDEO, AUDIO, RELATED GRAPHICS AND OTHERWISE CONTAINED WITHIN THE MATERIALS FOR ANY PURPOSE. AS STATED ABOVE, LATERPAY HAS NO CONTROL OVER THE THIRD-PARTY WEBSITES OR THE MERCHANTS THAT CONTROL SUCH WEBSITES AND NO RESPONSIBILITY FOR THE CONTENTS OF OR ANY MATERIALS OR OTHER GOODS OR SERVICES MADE AVAILABLE BY SUCH THIRD-PARTIES. ACCORDINGLY, LATERPAY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE EXTENT APPLICABLE) ARE SOLELY RESPONSIBLE MATERIALS OR OTHER SUCH GOODS OR SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INPUTS INTO A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE APPLICATIONEXCLUSION OF IMPLIED WARRANTIES, VERIFYING THE RESULTS SO NOT ALL OF THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY ABOVE EXCLUSION MAY APPLY TO YOU. YOU AND OTHERS. WE WILL SPECIFICALLY AGREE THAT LATERPAY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR LIABLE TO YOU ALTERATION OR INTERCEPTION OF YOUR PERSONAL INFORMATION/DATA, TRANSMISSIONS OR OTHER DATA, ANY MATERIALS OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH OR USING THE SERVICE. YOU ALSO SPECIFICALLY AGREE THAT LATERPAY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE MATERIALS BY ANY THIRD PARTY FOR PARTY. YOU FURTHER AGREE THAT LATERPAY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE RESULTS SERVICE AND/OR WORK PRODUCT OBTAINED FROM YOUR USE MAY DISCONTINUE ANY PART OF THE APPLICATIONSERVICE AT ANY TIME. IN NO EVENT SHALL WE LATERPAY AND/OR OUR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIALDIRECT, INDIRECT, PUNITIVE, INCIDENTAL, STATUTORY SPECIAL, CONSEQUENTIAL DAMAGES OR PUNITIVE ANY DAMAGES OF ANY KIND, WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOST DAMAGES FOR UNAUTHORIZED ACCESS TO OR ALTERATION OR INTERCEPTION OF YOUR PERSONAL INFORMATION/DATA, TRANSMISSIONS OR OTHER DATA, LOSS OF USE, DATA OR PROGRAMSPROFITS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE FORM OF ACTIONSERVICE, OR FOR ANY MATERIALS OR OTHER GOODS OR SERVICES OBTAINED FROM THIRD PARTIES IN CONNECTION WITH THE SERVICE, WHETHER IN BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, LIABILITY OR OTHERWISE, EVEN IF WE ARE AWARE LATERPAY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCEDAMAGES. NOTWITHSTANDING ANYTHING BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE CONTRARY SET FORTH IN THIS USER AGREEMENT, WE WILL NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE EXCLUSION OF THE APPLICATION. THE LIMITATIONS WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN LATERPAY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE DEEMED LIMITED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE ONE-HUNDRED DOLLARS ($100). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ESSENTIAL PURPOSE SERVICE, OR WITH ANY OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENTTHESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND/OR DEACTIVATE YOUR ACCOUNT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLEYou agree to indemnify and hold Laterpay, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESits employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Laterpay harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of any part of the Service; (b) your use of any received Materials, products or services made available by third-parties in connection with the Service, including without limitation any damage to any software or hardware as a result of any viruses;
(c) your alleged breach of this Agreement; (d) the suspension or termination of you as a user of the Service as provided in this Agreement at the sole and exclusive discretion of Laterpay; or
(e) a Tax Claim .
Appears in 1 contract
Samples: Terms of Service
Liability Disclaimer. YOU You use this website at your own risk. If your use of this website or the materials therein results in the need for servicing or replacing property, material, equipment or data, Total Lender Solutions is not responsible for those costs. THE INFORMATION, SOFTWARE, PRODUCTS, AND YOUR CLIENTS (SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE EXTENT APPLICABLE) INFORMATION HEREIN. TOTAL LENDER SOLUTIONS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE SOLELY RESPONSIBLE FOR INPUTS INTO THE APPLICATION, VERIFYING THE RESULTS PROVIDED "AS IS" WITHOUT WARRANTY OF THE USE OF THE APPLICATION AND HOW THE OUTPUT FROM THE APPLICATION IS USED BY YOU AND OTHERS. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE RESULTS OR WORK PRODUCT OBTAINED FROM YOUR USE OF THE APPLICATIONKIND. IN NO EVENT SHALL WE OR OUR SUPPLIERS TOTAL LENDER SOLUTIONS BE LIABLE OR OBLIGATED TO YOU IN ANY MANNER FOR ANY SPECIAL, NONCOMPENSATORY, CONSEQUENTIALDIRECT, INDIRECT, INCIDENTAL, STATUTORY SPECIAL OR PUNITIVE CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY KINDWAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, INCLUDINGOR FOR ANY INFORMATION, WITHOUT LIMITATIONPRODUCTS, LOST DATA AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR PROGRAMS, BUSINESS INTERRUPTIONS, LOST PROFITS AND LOST REVENUE, REGARDLESS OTHERWISE ARISING OUT OF THE FORM USE OF ACTIONTHIS WEB SITE, WHETHER IN BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, LIABILITY OR OTHERWISE, EVEN IF WE ARE AWARE TOTAL LENDER SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCEDAMAGES. NOTWITHSTANDING ANYTHING TO BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE CONTRARY SET FORTH IN THIS USER AGREEMENTEXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, WE WILL THE ABOVE LIMITATION MAY NOT BE LIABLE TO YOU IN AN AMOUNT IN THE AGGREGATE GREATER THAN THE AMOUNT THAT IS RECEIVED BY US FROM YOU FOR YOUR USE OF THE APPLICATION. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS USER AGREEMENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIESYOU.
Appears in 1 contract
Samples: Terms of Use and Privacy Policy