Liability Disclaimer. The Web Site and the Tools and any content or software contained therein or accessible therefrom are provided “as is”. We make no representation or warranties of any kind regarding the accuracy, timeliness or completeness of any information or financial market related quotes contained within or available through the use of the Tools or Web Site without limitation. This includes any information provided by third parties either on the website or accessible by using the Tools. Except to the extent required by any applicable laws, OANDA without limitation disclaims any express or implied warranties or conditions as to non-infringement, merchantability or fitness for any particular purpose and does not warrant that the Web Site or The Tools or any content therein will be uninterrupted or error free or that defects will be corrected. The use of the Tools and the Web Site is at your own risk and you will assume full responsibility for any risk of loss arising from your usage of them . Under no circumstances will OANDA and its Directors. Officers, Employees, Agents, Vendors Suppliers or Distributors be liable to you or any third party for:- (a) any loss or damage of any kind arising as a result of information or prices of any financial assets published on the Web Site or furnished through use of the Tools or any errors or omissions of the Web Site or of Tools. (b) Loss or damage of any kind whatsoever due from any orders, investment decisions or purchases of third-party goods and services based on information published on the Web Site or obtained through use of the Tools (c) Any indirect, special, incidental, punitive or consequential loss or damages. (d) Any similar damages under any theory of liability (whether in contract, tort, strict liability or any theory) that are directly or indirectly attributable to the use of or inability to use the tools or website or content contained thereon even if OANDA has been informed of that possibility. If you are dissatisfied with any tools or any portion of the Web Site or with any of these terms of use, your sole and exclusive remedy is to discontinue the use of the Website and of the Tools. You agree to indemnify and hold OANDA , its parent, subsidiaries, affiliates, directors, officers and employees harmless from any claim, demand or damage, including reasonable attorney’s fees asserted by any third party or arising out of your use or conduct on the Website or the Tools.
Appears in 3 contracts
Samples: Terms of Use Agreement, Terms of Use Agreement, Terms of Use Agreement
Liability Disclaimer. The Web Site information, software, products, and the Tools and any content or software contained therein or accessible therefrom are provided “as is”. We make no representation or warranties of any kind regarding the accuracy, timeliness or completeness of any information or financial market related quotes contained within services included in or available through this Website may include inaccuracies or typographical errors. Changes are periodically added to the use information contained in this Website but the ASGG Network does not guarantee that this Website will be up-to-date, accurate, or error-free. The ASGG Network and/or its suppliers may make improvements and/or changes in this Website at any time. Advice received via this Website 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. The ASGG Network and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Tools information, software, products, services and related graphics contained on this Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or Web Site without limitationcondition of any kind. This includes any information provided by third parties either on the website or accessible by using the Tools. Except The ASGG Network and/or its suppliers hereby disclaim all warranties and conditions with regard to the extent required by any applicable lawsthis information, OANDA without limitation disclaims any express or software, products, services and related graphics, including all implied warranties or conditions as to of merchantability, fitness for a particular purpose, title and non-infringement, merchantability or fitness infringement (to the extent permitted by the Consumer Xxxxxxxxxx Xxx 0000 and other applicable law) The ASGG Network takes reasonable safeguards to ensure that this Website and the personal information of its users is kept secure but does not guarantee that such information will be kept secure and confidential and cannot be held liable for any particular purpose and does not warrant that the Web Site security breaches of this Website or The Tools for any unauthorised use or disclosure of any content therein will be uninterrupted or error free or that defects will be correcteduser's personal information. The use of the Tools and the Web Site is at your own risk and you will assume full ASGG Network accepts no responsibility for the security of any risk passwords required to access any part of loss arising from your usage this Website and considers each user to be personally responsible for the security and confidentiality of them their own individual passwords. Under To the maximum extent permitted by applicable law, in no circumstances will OANDA and event shall the ASGG Network and/or its Directors. Officers, Employees, Agents, Vendors Suppliers or Distributors suppliers be liable to you or for any third party for:-
(a) any loss or damage of any kind arising as a result of information or prices of any financial assets published on the Web Site or furnished through use of the Tools or any errors or omissions of the Web Site or of Tools.
(b) Loss or damage of any kind whatsoever due from any ordersdirect, investment decisions or purchases of third-party goods and services based on information published on the Web Site or obtained through use of the Tools
(c) Any indirect, punitive, incidental, special, incidentalconsequential damages or any damages whatsoever including, punitive without limitation, damages for loss of use, data or consequential loss profits, arising out of or damages.
(d) Any similar damages under in any theory way connected with the use or performance of liability (this Website, with the delay or inability to use this Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this Website, or otherwise arising out of the use of this Website, whether in based on contract, tort, negligence, strict liability or any theory) that are directly or indirectly attributable to the use of or inability to use the tools or website or content contained thereon otherwise, even if OANDA the ASGG Network or any of its suppliers has been informed advised of that possibilitythe possibility of damages. If you are dissatisfied with any tools or any portion of the Web Site this Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue the use of the Website and of the Toolsusing this Website. You agree to indemnify and hold OANDA , its parent, subsidiaries, affiliates, directors, officers and employees harmless from any claim, demand or damage, including reasonable attorney’s fees asserted by any third party or arising out of your use or conduct on the Website or the Tools.xxxxx.xxxxxxxx@xxxxxxxxxx.xx.xx
Appears in 1 contract
Samples: Terms of Use
Liability Disclaimer. YOU EXPRESSLY AGREE THAT THE USE OF THE WEB SITE IS AT YOUR SOLE RISK The Web Site information and the Tools materials on this web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only with due care, and Prudent CAS Ltd. does not undertake any content obligation or software contained therein responsibility to update or accessible therefrom amend any such information. The information, products and services on this web site are provided “as is”on an "AS IS, WITH ALL FAULTS", "WHERE IS" and "WHERE AVAILABLE" basis. We make no representation Prudent CAS Ltd. does not warrant the information or services provided herein or your use of this web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non‐infringement, merchantability or fitness for a particular purpose. Prudent CAS Ltd. will not be responsible for any kind regarding loss or damage that could result from interception by third parties of any information or services made available to you on this web site. Although the information provided to you on this web site is obtained or compiled from sources we believe to be reliable, Prudent CAS Ltd. cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or financial market related quotes contained within or data made available through the use of the Tools or Web Site without limitation. This includes any information provided by third parties either on the website or accessible by using the Tools. Except to the extent required by any applicable laws, OANDA without limitation disclaims any express or implied warranties or conditions as to non-infringement, merchantability or fitness you for any particular purpose and does not warrant that the Web Site or The Tools or any content therein will be uninterrupted or error free or that defects will be correctedpurpose. The use of the Tools and the Web Site is at your own risk and you will assume full responsibility for any risk of loss arising from your usage of them . Under no circumstances will OANDA and its Directors. OfficersNeither Prudent CAS Ltd., Employees, Agents, Vendors Suppliers or Distributors be liable to you or any third party for:-
(a) any loss or damage of any kind arising as a result of information or prices of any financial assets published on the Web Site or furnished through use of the Tools or any errors or omissions of the Web Site or of Tools.
(b) Loss or damage of any kind whatsoever due from any orders, investment decisions or purchases of third-party goods and services based on information published on the Web Site or obtained through use of the Tools
(c) Any indirect, special, incidental, punitive or consequential loss or damages.
(d) Any similar damages under any theory of liability (whether in contract, tort, strict liability or any theory) that are directly or indirectly attributable to the use of or inability to use the tools or website or content contained thereon even if OANDA has been informed of that possibility. If you are dissatisfied with any tools or any portion of the Web Site or with nor any of these terms of use, your sole and exclusive remedy is to discontinue the use of the Website and of the Tools. You agree to indemnify and hold OANDA , its parent, subsidiaries, affiliates, directors, officers and employees harmless from any claimor employees, demand or damage, including reasonable attorney’s fees asserted by nor any third party vendor, or associates, groups or Partners, will be liable or have any responsibility of any kind for any loss or damage or compensation that you may incur in the event of any failure or interruption of this web site, or resulting from the act or omission of any other party involved in making this web site, the data contained herein or the products or services offered on this web site available to you, or from any other cause relating to your access to, inability to access, or use of the web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Prudent CAS Ltd. or of any vendor providing software or services. Under this User Agreement, you assume all risk of errors and/or omissions in xxx.xxxxxxxxxxxxxxxx.xxx, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of xxx.xxxxxxxxxxxxxxxx.xxx, including the information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under the User Agreement. YOU AGREE THAT, Prudent CAS Ltd. (Including its and their officers, directors, employees, affiliates, group companies agents, representatives or subcontractors) shall not be, in any event, be liable, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or other damages of any kind arising out of your the use or conduct inability to use xxx.xxxxxxxxxxxxxxxx.xxx for any purpose whatsoever even if Prudent CAS Ltd. or any other such party has been advised of the possibility thereof. Prudent CAS Ltd. and it's affiliates, officers, directors, employees and agents shall have no liability in tort, contract, or otherwise to user and/or any third party. This limitation on liability includes, but is not limited to, the Website transmission of any viruses which may infect a user's equipment, failure of mechanical or the Toolselectronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Prudent CAS Ltd. cannot and does not guarantee continuous, uninterrupted or secure access to this web site.
Appears in 1 contract
Samples: Terms of Use
Liability Disclaimer. The Web Site information, software, products, and the Tools and any content or software contained therein or accessible therefrom are provided “as is”. We make no representation or warranties of any kind regarding the accuracy, timeliness or completeness of any information or financial market related quotes contained within services included in or available through the use site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. PENNYPINE Illustrations and/or its suppliers may make improvements and/or changes in the site at any time. PENNYPINE Illustrations and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Tools or Web Site without limitation. This includes any information provided by third parties either information, software, products, services and related graphics contained on the website site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is" without warranty or accessible by using the Toolscondition of any kind. Except PENNYPINE illustrations and/or its suppliers hereby disclaim all warranties and conditions with regard to the extent required by any applicable lawsthis information, OANDA without limitation disclaims any express or software, products, services and related graphics, including all implied warranties or conditions as to of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, merchantability or fitness in no event shall PENNYPINE Illustrations and/or its suppliers be liable for any particular purpose and does not warrant that the Web Site or The Tools or any content therein will be uninterrupted or error free or that defects will be corrected. The use of the Tools and the Web Site is at your own risk and you will assume full responsibility for any risk of loss arising from your usage of them . Under no circumstances will OANDA and its Directors. Officersdirect, Employeesindirect, Agentspunitive, Vendors Suppliers or Distributors be liable to you or any third party for:-
(a) any loss or damage of any kind arising as a result of information or prices of any financial assets published on the Web Site or furnished through use of the Tools or any errors or omissions of the Web Site or of Tools.
(b) Loss or damage of any kind whatsoever due from any orders, investment decisions or purchases of third-party goods and services based on information published on the Web Site or obtained through use of the Tools
(c) Any indirectincidental, special, incidental, punitive or consequential loss or damages.
(d) Any similar damages under any theory of liability (whether in contract, tort, strict liability or any theory) that are directly damages whatsoever including, without limitation, damages for loss of use, data or indirectly attributable to profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the tools site or website related services, the provision of or content contained thereon 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 site, whether based on contract, tort, negligence, strict liability or otherwise, even if OANDA PENNYPINE Illustrations or any of its suppliers has been informed advised of that possibilitythe 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 tools or any portion of the Web Site site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site. PENNYPINE reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Alabama, United States of America (“Alabama”) and you hereby consent to the exclusive jurisdiction and venue of courts in Alabama in all disputes arising out of or relating to the use of the Website and Site. Use of the ToolsSite is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PENNYPINE as a result of this agreement or use of the Site. XXXXXXXXX's performance of this agreement is subject to indemnify existing laws and hold OANDA legal process, its parentand nothing contained in this agreement is in derogation of XXXXXXXXX’s right to comply with governmental, subsidiaries, affiliates, directors, officers court and employees harmless from any claim, demand law enforcement requests or damage, including reasonable attorney’s fees asserted by any third party or arising out of requirements relating to your use of the Site or conduct on information provided to or gathered by XXXXXXXXX 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 Website 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 Toolsintent 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 PENNYPINE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and PENNYPINE with respect to the 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 written in English.
Appears in 1 contract
Samples: Terms and Conditions
Liability Disclaimer. 10.6.1. The Web Site information, software, products, and the Tools and any content or software contained therein or accessible therefrom are provided “as is”. We make no representation or warranties of any kind regarding the accuracy, timeliness or completeness of any information or financial market related quotes contained within services included in or available through the use of the Tools NetcarePlus IT Network may include inaccuracies or Web Site without limitationtypographical errors. This includes any information provided by third parties either on the website or accessible by using the Tools. Except Changes are periodically added to the extent required by any applicable lawsinformation herein.
10.6.2. No warranties, OANDA without limitation disclaims any representations, undertakings whether express or implied warranties are given in respect of the access of the NetcarePlus IT Network (including but not limited to the content, software, products, related graphics or conditions as to non-infringementthe service provided) including the reliability, merchantability accuracy, completeness, suitability and availability of the NetcarePlus IT Network or fitness of any other web service or linked service which may be accessed through the NetcarePlus IT Network and/or Services. Accordingly, NetcarePlus shall not be bound in any manner by any information contained in the abovementioned. Any reliance on any information on NetcarePlus IT Network shall be at the User’s own risk.
10.6.3. To the maximum extent permitted by the applicable law, in no event shall NetcarePlus, its affiliates and/or its agents be liable for any particular purpose and does not warrant that the Web Site or The Tools or any content therein will be uninterrupted or error free or that defects will be corrected. The use of the Tools and the Web Site is at your own risk and you will assume full responsibility for any risk of loss arising from your usage of them . Under no circumstances will OANDA and its Directors. Officersdirect, Employeesindirect, Agentspunitive, Vendors Suppliers or Distributors be liable to you or any third party for:-
(a) any loss or damage of any kind arising as a result of information or prices of any financial assets published on the Web Site or furnished through use of the Tools or any errors or omissions of the Web Site or of Tools.
(b) Loss or damage of any kind whatsoever due from any orders, investment decisions or purchases of third-party goods and services based on information published on the Web Site or obtained through use of the Tools
(c) Any indirectincidental, special, incidental, punitive or consequential loss or damages.
(d) Any similar damages under any theory of liability (whether in contract, tort, strict liability or any theory) that are directly damages whatsoever including, without limitation, damages for loss of use, data or indirectly attributable to profits, arising out of or in any way connected with the use or performance of the NetcarePlus IT Network, with the delay or inability to use the tools NetcarePlus IT Network or website related services, the provision of or content contained thereon even if OANDA has been informed failure to provide the NetcarePlus IT Network, or for any information, software, products, services and related graphics obtained through the NetcarePlus IT Network, or otherwise arising out of the use of the NetcarePlus IT Network
10.6.4. Whilst NetcarePlus shall endeavour to ensure the security of the NetcarePlus IT Network, , NetcarePlus provides no warranty or guarantee that possibilitythe NetcarePlus IT Network will be error and virus free and will therefore accept no liability for damage or loss that the User may suffer as a result of any electronic communications.
10.6.5. If you are the User is dissatisfied with any tools or any portion of the Web Site NetcarePlus IT Network, or with any of these terms of use, your the User’s sole and exclusive remedy is to discontinue using the use of the Website and of the Tools. You agree to indemnify and hold OANDA , its parent, subsidiaries, affiliates, directors, officers and employees harmless from any claim, demand or damage, including reasonable attorney’s fees asserted by any third party or arising out of your use or conduct on the Website or the ToolsProduct.
Appears in 1 contract
Samples: Terms and Conditions
Liability Disclaimer. The Web Site and the Tools tools, website and any content or software contained therein or accessible therefrom therefrom, are provided “as is”. We make except to the extent required by applicable law, Merlion Global makes no representation warranties or warranties representations of any kind regarding regarding:
(i) the up-to-dateness, accuracy, timeliness or completeness of any information or financial market related quotes contained within or available through the use of the Tools tools or Web Site without limitation. This includes website, including but not limited to any currency exchange rates;
(ii) the results obtained from the use of the tools or website; and
(iii) any information provided by third parties either and accessible on or through the website use of the tools or accessible by using the Toolswebsite. Except except to the extent required by any applicable lawslaw, OANDA without limitation Merlion Global:
a) disclaims any express or implied warranties or conditions and conditions, including without limitation, any warranties as to non-infringement, merchantability or fitness for any a particular purpose and purpose; and
b) does not warrant that the Web Site tools or The Tools website or any content therein will be uninterrupted or error free free, or that defects will be corrected. The use of the Tools tools and the Web Site website is at your own risk risk, and you will assume full responsibility for any and risk of loss arising from your usage you may suffer as a result of them using, or accessing the tools or website, or downloading any content thereon. Under no circumstances will OANDA and its Directors. Officers, Employees, Agents, Vendors Suppliers except to the extent that liability under any applicable law or Distributors regulation cannot be liable to you or any third party for:-excluded:
(ai) any Merlion Global is not liable for loss or damage of any kind whatsoever arising as a result of information or prices of any financial assets (including without limitation currency exchange information) published on the Web Site or furnished through use of the Tools tools or website, or any errors or omissions of the Web Site tools or of Tools.website;
(bii) Loss or damage of any kind whatsoever due Merlion Global shall have no liability arising from any orders, investment decisions or purchases of third-party goods or services (including financial instruments and services currency) based on information published on or furnished through the Web Site tools or obtained through use of the Toolswebsite; and
(ciii) Any under no circumstances shall Merlion Global or its officers, directors, employees, agents, vendors, suppliers or distributors be liable under this agreement to you or any third party for any indirect, special, incidental, punitive or consequential loss or damages.
(d) Any damages or any other similar damages under any theory of liability (whether in contract, tort, strict liability or any other theory) ), that are directly or indirectly attributable to the use of of, or the inability to use use, the tools tools, website, or website or any content contained thereon thereon, even if OANDA Merlion Global has been informed of that possibilitythe possibility thereof. If if you are dissatisfied with any tools tools, or any portion of the Web Site website, or with any of these terms of use, your sole and exclusive remedy is to discontinue the use of the Website tools and of the Tools. You agree to indemnify and hold OANDA , its parent, subsidiaries, affiliates, directors, officers and employees harmless from any claim, demand or damage, including reasonable attorney’s fees asserted by any third party or arising out of your use or conduct on the Website or the Toolswebsite.
Appears in 1 contract
Samples: Disclaimer Agreement
Liability Disclaimer. The Web information, software, products, and services include it in or available through the Site may include in accuracies or typographical errors. Changes are periodically add it to the information here win. The Mother Earth Restoration Trust and/or its suppliers may make improvements and/or changes in the Site at any time. The Mother Earth Restoration Trust and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Tools information, software, products, services and related graphics contained on the Site for any content or software contained therein or accessible therefrom purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is”. We make no representation ” without warranty or warranties conditions of any kind regarding the accuracykind. The Mother Earth Restoration Trust and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, timeliness or completeness of any information or financial market software, products, services and related quotes contained within or available through the use of the Tools or Web Site without limitation. This includes any information provided by third parties either on the website or accessible by using the Tools. Except to the extent required by any applicable lawsgraphics, OANDA without limitation disclaims any express or including all implied warranties or conditions as to non-infringementof merchantability, merchantability or fitness for any a particular purpose purpose, title and does not warrant that non- infringement. To the Web Site or The Tools or any content therein will maximum extent permitted by applicable law, in no event shell, the Mother Earth Restoration Trust and/or its suppliers be uninterrupted or error free or that defects will be corrected. The use of the Tools and the Web Site is at your own risk and you will assume full responsibility liable for any risk of loss arising from your usage of them . Under no circumstances will OANDA and its Directors. Officersdirect, Employeesindirect, Agentspunitive, Vendors Suppliers or Distributors be liable to you or any third party for:-
(a) any loss or damage of any kind arising as a result of information or prices of any financial assets published on the Web Site or furnished through use of the Tools or any errors or omissions of the Web Site or of Tools.
(b) Loss or damage of any kind whatsoever due from any orders, investment decisions or purchases of third-party goods and services based on information published on the Web Site or obtained through use of the Tools
(c) Any indirectincidental, special, incidental, punitive or consequential loss or damages.
(d) Any similar damages under any theory of liability (whether in contract, tort, strict liability or any theory) that are directly damages whatsoever including, without limitation, damages for loss of use, date our profits, arising out of or indirectly attributable to in any way connected with the use of performance of this Site, with the delay or inability to use the tools Site or website related services, the provisions of or content contained thereon failure to provide services, or for any information, software, products, services and related graphics obtain through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if OANDA The Mother Earth Restoration Trust or any of its suppliers has been informed advised of that possibilitythe 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 tools or any portion of the Web Site site, or with any of these terms of use, your sole soul and exclusive remedy is to discontinue using the use of the Website and of the Tools. You agree to indemnify and hold OANDA , its parent, subsidiaries, affiliates, directors, officers and employees harmless from any claim, demand or damage, including reasonable attorney’s fees asserted by any third party or arising out of your use or conduct on the Website or the ToolsSite.
Appears in 1 contract
Samples: Terms and Conditions
Liability Disclaimer. The Web Site and the Tools tools, website and any content or software contained therein or accessible therefrom therefrom, are provided “as is”. We make except to the extent required by applicable law, Merlion FX makes no representation warranties or warranties representations of any kind regarding regarding:
(i) the up-to-dateness, accuracy, timeliness or completeness of any information or financial market related quotes contained within or available through the use of the Tools tools or Web Site without limitation. This includes website, including but not limited to any currency exchange rates;
(ii) the results obtained from the use of the tools or website; and
(iii) any information provided by third parties either and accessible on or through the website use of the tools or accessible by using the Toolswebsite. Except except to the extent required by any applicable lawslaw, OANDA without limitation Merlion FX:
a) disclaims any express or implied warranties or conditions and conditions, including without limitation, any warranties as to non-infringement, merchantability or fitness for any a particular purpose and purpose; and
b) does not warrant that the Web Site tools or The Tools website or any content therein will be uninterrupted or error free free, or that defects will be corrected. The use of the Tools tools and the Web Site website is at your own risk risk, and you will assume full responsibility for any and risk of loss arising from your usage you may suffer as a result of them using, or accessing the tools or website, or downloading any content thereon. Under no circumstances will OANDA and its Directors. Officers, Employees, Agents, Vendors Suppliers except to the extent that liability under any applicable law or Distributors regulation cannot be liable to you or any third party for:-excluded:
(ai) any Merlion FX is not liable for loss or damage of any kind whatsoever arising as a result of information or prices of any financial assets (including without limitation currency exchange information) published on the Web Site or furnished through use of the Tools tools or website, or any errors or omissions of the Web Site tools or of Tools.website;
(bii) Loss or damage of any kind whatsoever due Merlion FX shall have no liability arising from any orders, investment decisions or purchases of third-party goods or services (including financial instruments and services currency) based on information published on or furnished through the Web Site tools or obtained through use of the Toolswebsite; and
(ciii) Any under no circumstances shall Merlion FX or its officers, directors, employees, agents, vendors, suppliers or distributors be liable under this agreement to you or any third party for any indirect, special, incidental, punitive or consequential loss or damages.
(d) Any damages or any other similar damages under any theory of liability (whether in contract, tort, strict liability or any other theory) ), that are directly or indirectly attributable to the use of of, or the inability to use use, the tools tools, website, or website or any content contained thereon thereon, even if OANDA Merlion FX has been informed of that possibilitythe possibility thereof. If if you are dissatisfied with any tools tools, or any portion of the Web Site website, or with any of these terms of use, your sole and exclusive remedy is to discontinue the use of the Website tools and of the Tools. You agree to indemnify and hold OANDA , its parent, subsidiaries, affiliates, directors, officers and employees harmless from any claim, demand or damage, including reasonable attorney’s fees asserted by any third party or arising out of your use or conduct on the Website or the Toolswebsite.
Appears in 1 contract
Samples: Disclaimer Agreement