Liability Disclaimers. 1. Claims against us and our legal representatives and vicarious agents for compensatory damages of any and all kinds shall be excluded, except for instances of malice, gross negligence, or the breach of a contractual core duty. If we have breached a contractual core duty (for this purpose, see the following paragraph) with slight negligence, liability shall exist; however, such shall be limited to the payment of typically foreseeable damages.
2. Contractual core duties, abstractly, are such duties whose accomplishment enables proper fulfillment of the respective contract in the first place and whose fulfillment a contractual party regularly may rely on.
3. Liability for gross negligence of our vicarious agents, to the extent that these are not executive employees, shall be, however, limited to the payment of typically foreseeable damages. This limitation of liability shall not apply for breach of contractual core duties within the meaning of the previous paragraph.
4. The preceding limitations on and exclusions of liability above shall not apply in cases of injury to life, body, or health or to liability under the Produkthaftungsgesetz (the Products Liability Act) or other laws which serve to implement the European Product Liability Directive (85/374/EC) into national law.
Liability Disclaimers a. Subject to provisions of applicable law, Client is liable for: (i) all indebtedness arising out of the authorized or unauthorized use of the Cards; and (ii) all authorized or unauthorized Loans and Purchases. If Client is dissatisfied with any portion of a Card Product, or with any Terms of Use, Client’s sole and exclusive remedy is to discontinue using the Card Product. The content of, and any advice received in connection with, the Card Products, is not intended, and should not be relied upon, for personal, legal, tax or financial decisions. Client should consult an appropriate professional for specific advice tailored to Client’s situation.
b. NOTWITHSTANDING THE FACT THAT EACH CLIENT CAN ENTER INTO THE CARD PROGRAM DOCUMENTS IN ITS INDIVIDUAL CAPACITY, EACH PERSON THAT IS A “CLIENT” UNDER THE CARD PROGRAM DOCUMENTS AGREES AND ACKNOWLEDGES THAT SUCH CLIENT IS JOINTLY AND SEVERALLY LIABLE WITH ALL OTHER CLIENTS FOR ALL OBLIGATIONS OF “CLIENT” UNDER THE CARD PROGRAM DOCUMENTS, INCLUDING PAYMENT OF AMOUNTS DUE.
c. If Client has a dispute regarding the quality of goods or services purchased, it shall contact the seller directly to resolve such questions, problem or dispute. Bank’s obligation to Client with respect to any merchant dispute shall be as set forth in the Visa Rules.
d. Client releases Bank, its Affiliates, and their representatives, and Visa and the Providers, from, and Bank, its Affiliates, and their representatives, and Visa and the Providers shall have no, liability to Client or any third party, whether in contract, tort (including negligence), or otherwise, for any Losses arising out of:
i. Client’s failure to comply with the Card Program Documents;
ii. use of Accounts and Card Products, except to the extent of actual Losses caused directly by Bank’s gross negligence or willful misconduct in performing under the Card Program Documents;
iii. failure of a merchant, bank or electronic banking facility to honor a Card;
iv. (1) payment system or merchant bank errors in coding merchants, or (2) use of a Card to purchase prohibited goods or services through a merchant, with or without a permitted category code;
Liability Disclaimers. NEITHER INOVONICS NOR CUSTOMER, NOR ANY OF THEIR AFFILIATES OR LICENSORS, WILL BE LIABLE TO THE OTHER UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (B) THE VALUE OF CUSTOMER CONTENT, (C) LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, OR (D) UNAVAILABILITY OF THE SERVICE OFFERINGS.
Liability Disclaimers. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF THE OTHER (INCLUDING LOSS OF PROFITS OR REVENUE, COST OF CAPITAL OR DOWNTIME COSTS) ARISING OUT OF ANY PERFORMANCE OF THIS AGREEMENT OR ANY ORDER, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; [***].
Liability Disclaimers. EXCEPT FOR BREACH OF SECTION “SERVICES LICENSE” OR SECTION “TRADEMARKS” OR FOR PAYMENT OBLIGATIONS ARISING UNDER SECTION “INDEMINIFICATION BY CUSTOMER” FOR THIRD-PARTY BREACH OR DISPUTE CLAIM AGAINST SITASYS, NEITHER SITASYS NOR CUSTOMER, NOR ANY OF LICENSORS, WILL BE LIABLE TO THE OTHER UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, PROFESSIONAL ACTIVITY, BUSINESS INTERUPTION OR DISRUPTION, THE LOSS OF CUSTOMER CONTENT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.
Liability Disclaimers. EXCEPT FOR PAYMENT OBLIGATIONS ARISING UNDER SECTION 9.1, NEITHER PARTY NOR ANY OF THEIR AFFILIATES OR LICENSORS WILL BE LIABLE TO THE OTHER PARTY UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IFA PARTY HAS BEEN ADVISED OF THEPOSSIBILITY OFSUCH DAMAGES, FOR
(A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (B) THE VALUE OF CUSTOMER CONTENT, (C) LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, OR (D) UNAVAILABILITY OF THE SERVICE OFFERINGS (THIS DOES NOT LIMIT ANY SERVICE CREDITS THAT MAY BE AVAILABLE UNDER SERVICE LEVEL AGREEMENTS). CONFIDENTIAL DOC#416371_30 SERVICES THAT GAVE RISE TO THE LIABILITY DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE, OR (B) USO $20,000,000; PROVIDED, HOWEVER THAT NOTHING IN THIS SECTION 11 WILL LIMIT CUSTOMER'S OBLIGATION TO PAY SELLER FOR CUSTOMER'S USE OF THE SERVICE OFFERINGS PURSUANT TO SECTION 5, OR ANY OTHER PAYMENT OBLIGATIONS UNDER THIS AGREEMENT.
Liability Disclaimers. NO RELEASED PARTY WILL BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (B) THE VALUE OF YOUR CONTENT, (C) LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, OR (D) UNAVAILABILITY OF THE SOFTWARE, SUPPORT SERVICES OR PROFESSIONAL SERVICES, EVEN IF WE HAVE BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES.
Liability Disclaimers. Neither CCNJ nor its third party service providers, the Carriers, nor any of their respective affiliates provide any guarantee of any kind as to message delivery, completeness, accuracy, or timeliness, or that Mobile Messaging will be available at all times. CCNJ, its third party service providers, the Carriers and their respective affiliates are not responsible for messages that are delayed, undelivered or misdirected.
Liability Disclaimers. No released party will be liable to you under any cause of action or theory of liability for:
(a) indirect, incidental, special, consequential or exemplary damages
(b) the value of your content
(c) loss of profits, revenues, customers, opportunities, or goodwill or
(d) unavailability of the software, support services or professional services, even if we have been advised of, or should have known of, the possibility of such damages.
Liability Disclaimers. The Service is provided “as is” and “as valid” to the maximum extent permitted by governing laws. The Company does not guarantee allusively or expressly any matters including, but not limited to, the conditions, quality, durability, performance, accuracy, reliability, merchantability, fitness for a particular purpose, prevention of infringement, seamless provision of the Service, prevention of errors, prevention of harmful factors, security or the prevention of damage or loss to the functions or data.
