Liability exclusions and limitations. (i) WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF OUR SITE FOR ANY PURPOSE. XXXXXX.XXX™ PCN IS PROVIDED "AS IS" WITHOUT ANY GUARANTEES, CONDITIONS, OR REPRESENTATIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, WE AND OTHER MEMBERS OF OUR GROUP OF COMPANIES EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR DATA WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY, AVAILABLE, USEABLE, UNINTERRUPTED OR ERROR-FREE. THE INTERNET CANNOT BE GUARANTEED TO BE 100% SECURE, AND WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU PROVIDE TO US. IN NO EVENT SHALL WE, OR ANY OTHER MEMBERS OF OUR GROUP OF COMPANIES, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM USE, LOSS OF USE OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF REPUTATION, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORT (OR DELICT) OR ANY OTHER LEGAL ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, EXCEPT AS OTHERWISE EXPRESSLY SET OUT IN ANY APPLICABLE AND DULY EXECUTED TERMS AND CONDITIONS BETWEEN US AND OUR CUSTOMERS GOVERNING THE USE OF XXXXXX.XXX™ PCN. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUS THAT MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (FOR EXAMPLE, YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS OR OPERATOR ERRORS. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. (ii) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW. (iii) To the extent permitted by applicable law in no event will we be liable to the Clinic or Users (or the Clinic’s patients, employees, contractors, or agents) for any indirect, special, consequential or pure economic losses, costs, damages, charges or expenses of any kind arising out of or in connection with this Agreement (whether in warranty, contract or tort, including negligence, delict, or product liability even if informed about the possibility thereof), including without limitation medical expenses, legal fees, loss of revenue or profits (whether direct or indirect), loss or interruption of business, loss of goodwill, loss of anticipated savings, loss of use, or loss or corruption of Data or information. In no event xxxx Xxxxxx or any of its any Xxxxxx affiliated companies involved in providing the Services accept any form of liability or be jointly liable with Abbott. (iv) Except for the indemnification obligations set forth herein, our total aggregate liability to the Clinic (including any liability for the acts or omissions of our employees, agents, consultants and subcontractors) arising out of or in connection with this Agreement or the Services provided hereunder, whether in contract, tort (including negligence or breach of statutory duty), delict, misrepresentation, restitution or otherwise shall be limited to fixing, repairing or otherwise rectifying any Service faults, even if any such loss was foreseeable or contemplated by the Parties, or where applicable, shall not exceed the greater of the amount actually paid by the Clinic for the Services, USD$100.00 or the equivalent amount in the Clinic’s jurisdiction calculated based on the time of the claim. (v) In no event will we be liable to the Clinic (or the Clinics patients, employees, contractors. agents or users) for any losses, costs, damages, charges or expenses resulting from loss, misappropriation, unauthorized access to or modification of Data by any third party, or from mistakes, omissions or delays in transmission of information, or from interruptions in telecommunications connections to the Service, viruses or failures of performance or from the impact of the Services on your information or communications systems, for interception or compromise of the Services, including without limitation the network services or any record or other communication provided by you, any Patient or by us under this Agreement. (vi) Nothing in this Agreement limits or excludes liability for death or personal injury resulting from negligence, an act or omission for any damage or liability incurred as a result of our fraud or fraudulent misrepresentation or intentional misconduct, or blatant gross negligence, meaning a blatant indifference to a severe degree of negligence equivalent to reckless disregard.
Appears in 4 contracts
Samples: Patient Care Services Agreement, Patient Care Services Agreement, Patient Care Services Agreement
Liability exclusions and limitations. (i) WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF OUR SITE FOR ANY PURPOSE. XXXXXX.XXX™ PCN IS PROVIDED "AS IS" WITHOUT ANY GUARANTEES, CONDITIONS, OR REPRESENTATIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE UNDER NO CIRCUMSTANCES SHALL DEVOLUTIONS BE LIABLE TO YOU OR ANY OTHER PERSON (AND OTHER MEMBERS YOU HEREBY AGREE TO RELEASE DEVOLUTIONS FROM ANY SUCH LIABILITY) ON ACCOUNT OF OUR GROUP ANY ACCESS TO THE WEBSITE OR ANY USE OR MISUSE OF COMPANIES EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIESTHE WEBSITE OR ANY OF ITS FEATURES OR THIRD-PARTY SOFTWARE MADE AVAILABLE THROUGH THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL DEVOLUTIONS BE LIABLE FOR ANY ALLEGED OR PROVEN DIRECT, EXPRESS INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR IMPLIEDEXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE, INCLUDING THE IMPLIED WARRANTIES WITHOUT LIMITATION ANY LOSS OF NON-INFRINGEMENTDATA, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR DATA WILL BE ACCURATEGOODWILL, RELIABLE, COMPLETE, TIMELY, AVAILABLE, USEABLE, UNINTERRUPTED ANTICIPATED OR ERROR-FREE. THE INTERNET CANNOT BE GUARANTEED TO BE 100% SECURE, AND WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU PROVIDE TO US. IN NO EVENT SHALL WEOTHERWISE, OR ANY OTHER MEMBERS OF OUR GROUP OF COMPANIES, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM USE, LOSS OF USE OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF REPUTATION, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORT (OR DELICT) OR ANY OTHER LEGAL ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF OUR SITEECONOMIC LOSS, EVEN IF WE HAVE DEVOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, EXCEPT AS OTHERWISE EXPRESSLY SET OUT IN ANY APPLICABLE AND DULY EXECUTED TERMS AND CONDITIONS BETWEEN US AND OUR CUSTOMERS GOVERNING THE USE OF XXXXXX.XXX™ PCNLOSS OR DAMAGE. THIS SUCH LIMITATION OF LIABILITY APPLIES TOSHALL APPLY WHETHER THE LOSSES OR DAMAGES ARISE FROM RELIANCE ON THE WEBSITE OR ANY OF ITS COMPONENTS OR CONTENT, BUT FROM DELAY OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY OF ITS COMPONENTS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR ANY OF ITS COMPONENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT DEVOLUTIONS IS NOT LIMITED TORESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH (I) THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUS THAT MAY INFECT YOUR EQUIPMENTCOMPUTER VIRUS, FAILURE OF MECHANICAL OR ELECTRICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE CONTAMINATION OR OTHER INTERCONNECT PROBLEMS HARMFUL MECHANISMS, THROUGH THE SITE OR BY ANY OTHER MEANS; (FOR EXAMPLE, YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER)II) ANY LOSS, UNAUTHORIZED ACCESS TO, MODIFICATION OR OPERATOR ALTERATION OF YOUR ACCOUNT OR PASSWORD OR TO ANY PERSONAL INFORMATION ACCESSED THROUGH SUCH ACCOUNT OR PASSWORD; (III) ANY FAILURE OR INABILITY TO DOWNLOAD ANY FILE, DATA OR CONTENT FROM THE WEBSITE OR TO SEND OR RECEIVE ANY COMMUNICATION THROUGH THE WEBSITE; (IV) ANY INFRINGEMENT OF RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS; (V) ANY PROHIBITED USE COMMITTED BY YOU OR ANY OTHER PERSON; (VI) THE TERMINATION OF YOUR ACCOUNT IN CONFORMITY WITH THESE TERMS OF USE; OR (VII) ANY DELAYS, INTERRUPTIONS, INACCURACIES, ERRORS, OMISSIONS OR CESSATION OF THE WEBSITE, ITS CONTENT OR FEATURES. NOTHING THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES MAY BE PROHIBITED IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(ii) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION AND MAY NOT APPLY BE APPLICABLE TO YOU. FURTHERMORE, NOTHING TO THE EXTENT THAT A COURT OF COMPETENT JURISDICTION HOLDS DEVOLUTIONS LIABLE IN RESPECT OF ANY MATTERS ARISING UNDER OR INCIDENTAL TO THESE TERMS LIMITS OF USE, DEVOLUTIONS’ TOTAL AND AGGREGATED LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR EXCLUDES ANY RELATING TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
(iii) To the extent permitted by applicable law in no event will we be liable to the Clinic or Users (or the Clinic’s patients, employees, contractors, or agents) for any indirect, special, consequential or pure economic losses, costs, damages, charges or expenses of any kind arising out of or in connection with this Agreement (whether in warranty, contract or tort, including negligence, delict, or product liability even if informed about the possibility thereofOTHERWISE), including without limitation medical expenses, legal fees, loss WILL IN NO EVENT EXCEED THE AMOUNT OF US$250. [Table of revenue or profits (whether direct or indirect), loss or interruption of business, loss of goodwill, loss of anticipated savings, loss of use, or loss or corruption of Data or information. In no event xxxx Xxxxxx or any of its any Xxxxxx affiliated companies involved in providing the Services accept any form of liability or be jointly liable with Abbott.
(iv) Except for the indemnification obligations set forth herein, our total aggregate liability to the Clinic (including any liability for the acts or omissions of our employees, agents, consultants and subcontractors) arising out of or in connection with this Agreement or the Services provided hereunder, whether in contract, tort (including negligence or breach of statutory duty), delict, misrepresentation, restitution or otherwise shall be limited to fixing, repairing or otherwise rectifying any Service faults, even if any such loss was foreseeable or contemplated by the Parties, or where applicable, shall not exceed the greater of the amount actually paid by the Clinic for the Services, USD$100.00 or the equivalent amount in the Clinic’s jurisdiction calculated based on the time of the claim.
(v) In no event will we be liable to the Clinic (or the Clinics patients, employees, contractors. agents or users) for any losses, costs, damages, charges or expenses resulting from loss, misappropriation, unauthorized access to or modification of Data by any third party, or from mistakes, omissions or delays in transmission of information, or from interruptions in telecommunications connections to the Service, viruses or failures of performance or from the impact of the Services on your information or communications systems, for interception or compromise of the Services, including without limitation the network services or any record or other communication provided by you, any Patient or by us under this Agreement.
(vi) Nothing in this Agreement limits or excludes liability for death or personal injury resulting from negligence, an act or omission for any damage or liability incurred as a result of our fraud or fraudulent misrepresentation or intentional misconduct, or blatant gross negligence, meaning a blatant indifference to a severe degree of negligence equivalent to reckless disregard.Content]
Appears in 1 contract
Samples: Terms of Use
Liability exclusions and limitations. (i) WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF OUR SITE FOR ANY PURPOSE. XXXXXX.XXX™ PCN IS PROVIDED "AS IS" WITHOUT ANY GUARANTEES, CONDITIONS, OR REPRESENTATIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, WE AND OTHER MEMBERS OF OUR GROUP OF COMPANIES EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR DATA WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY, AVAILABLE, USEABLE, UNINTERRUPTED OR ERROR-FREE. THE INTERNET CANNOT BE GUARANTEED TO BE The Internet cannot be guaranteed to be 100% SECUREsecure, AND WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU PROVIDE TO USand we cannot ensure or warrant the security of any information you provide to us. IN NO EVENT SHALL WE, OR ANY OTHER MEMBERS OF OUR GROUP OF COMPANIES, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM USE, LOSS OF USE OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF REPUTATION, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORT (OR DELICT) OR ANY OTHER LEGAL ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, EXCEPT AS OTHERWISE EXPRESSLY SET OUT IN ANY APPLICABLE AND DULY EXECUTED TERMS AND CONDITIONS BETWEEN US AND OUR CUSTOMERS GOVERNING THE USE OF XXXXXX.XXX™ PCN. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUS THAT MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (FOR EXAMPLE, YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS OR OPERATOR ERRORS. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(ii) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
(iii) To the extent permitted by applicable law in no event will we be liable to the Clinic or Users (or the Clinic’s patients, employees, contractors, or agents) for any indirect, special, consequential or pure economic losses, costs, damages, charges or expenses of any kind arising out of or in connection with this Agreement (whether in warranty, contract or tort, including negligence, delict, or product liability even if informed about the possibility thereof), including without limitation medical expenses, legal fees, loss of revenue or profits (whether direct or indirect), loss or interruption of business, loss of goodwill, loss of anticipated savings, loss of use, or loss or corruption of Data or information. In no event xxxx Xxxxxx or any of its any Xxxxxx Abbott affiliated companies involved in providing the Services as a ‘subprocessor’ accept any form of liability or be jointly liable with Abbott.
(iv) Except for the indemnification obligations set forth herein, our total aggregate liability to the Clinic (including any liability for the acts or omissions of our employees, agents, consultants and subcontractors) arising out of or in connection with this Agreement or the Services provided hereunder, whether in contract, tort (including negligence or breach of statutory duty), delict, misrepresentation, restitution or otherwise shall be limited to fixing, repairing or otherwise rectifying any Service faults, even if any such loss was foreseeable or contemplated by the Parties, or where applicable, shall not exceed the greater of the amount actually paid by the Clinic for the Services, USD$100.00 or the equivalent amount in the Clinic’s jurisdiction calculated based on the time of the claim.
(v) In no event will we be liable to the Clinic (or the Clinics patients, employees, contractors. agents or users) for any losses, costs, damages, charges or expenses resulting from loss, misappropriation, unauthorized access to or modification of Data by any third party, or from mistakes, omissions or delays in transmission of information, or from interruptions in telecommunications connections to the Service, viruses or failures of performance or from the impact of the Services on your information or communications systems, for interception or compromise of the Services, including without limitation the network services or any record or other communication provided by you, any Patient or by us under this Agreement.
(vi) Nothing in this Agreement limits or excludes liability for death or personal injury resulting from negligence, an act or omission for any damage or liability incurred as a result of our fraud or fraudulent misrepresentation or intentional misconduct, or blatant gross negligence, meaning a blatant indifference to a severe degree of negligence equivalent to reckless disregard.
Appears in 1 contract
Samples: Patient Care Services Agreement
Liability exclusions and limitations. (ia) WE MAKE NO EXCEPT FOR THE EXPRESS AND PERSONAL REPRESENTATIONS ABOUT THE SUITABILITY OF OUR SITE FOR AND WARRANTIES IN SECTION 8 ABOVE, NEITHER GORDIAN NOR LANTRONIX MAKES ANY PURPOSE. XXXXXX.XXX™ PCN IS PROVIDED "AS IS" WITHOUT ANY GUARANTEES, CONDITIONS, OR REPRESENTATIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, WE AND OTHER MEMBERS OF OUR GROUP OF COMPANIES EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE OTHER PARTY OR ITS AFFILIATES OR THIRD PARTIES (INCLUDING THE WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR DATA WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY, AVAILABLE, USEABLE, UNINTERRUPTED OR ERROR-FREE. THE INTERNET CANNOT BE GUARANTEED TO BE 100% SECURE, AND WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU PROVIDE TO US. IN NO EVENT SHALL WE, OR OF TITLE OR AGAINST INFRINGEMENTS).
(b) EXCEPT AS PROVIDED IN THE NEXT SENTENCE, NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NEITHER GORDIAN NOR LANTRONIX SHALL, UNDER ANY OTHER MEMBERS OF OUR GROUP OF COMPANIESCIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INDIRECT INCIDENTAL OR CONSEQUENTIAL EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM USE(INCLUDING WITHOUT LIMITATION LOST PROFITS, ANTICIPATED BUSINESS, LOSS OF USE OF DATA, LOSS CAUSED BY A COMPUTER INTERRUPTION OF SERVICE OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF REPUTATION, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORT (OR DELICT) OR ANY OTHER LEGAL ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF OUR SITEBUSINESS), EVEN IF WE HAVE GORDIAN OR LANTRONIX HAS BEEN ADVISED APPRISED OF THE POSSIBILITY LIKELIHOOD OF SUCH LOSSESDAMAGES OCCURRING. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT DAMAGES DIRECTLY ATTRIBUTABLE TO GORDIAN'S BREACH OF THE RESTRICTIONS IN SECTION 7.2 DURING THE NON-COMPETITION PERIOD, EXCEPT SUCH AS OTHERWISE EXPRESSLY SET OUT IN ANY APPLICABLE LOSS OF SALES, REDUCED PROFITS OR ADDITIONAL MARKETING COSTS, SHALL BE DEEMED DIRECT DAMAGES AND DULY EXECUTED TERMS AND CONDITIONS BETWEEN US AND OUR CUSTOMERS GOVERNING NOT EXCLUDED BY THE USE OF XXXXXX.XXX™ PCN. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUS THAT MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (FOR EXAMPLE, YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS OR OPERATOR ERRORS. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWPRECEDING SENTENCE.
(iic) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAWUnder no circumstances shall Gordian's liabilities for damages with respect to Transition Support Services or Technical Support Services exceed one million dollars ($1,000,000.00).
(iiid) To Both parties acknowledge and agree that the extent permitted by applicable law amounts to be paid hereunder are based in no event will we be liable to the Clinic or Users (or the Clinic’s patients, employees, contractors, or agents) for any indirect, special, consequential or pure economic losses, costs, damages, charges or expenses of any kind arising out of or in connection with this Agreement (whether in warranty, contract or tort, including negligence, delict, or product liability even if informed about the possibility thereof), including without limitation medical expenses, legal fees, loss of revenue or profits (whether direct or indirect), loss or interruption of business, loss of goodwill, loss of anticipated savings, loss of use, or loss or corruption of Data or information. In no event xxxx Xxxxxx or any of its any Xxxxxx affiliated companies involved in providing the Services accept any form of liability or be jointly liable with Abbott.
(iv) Except for the indemnification obligations set forth herein, our total aggregate liability to the Clinic (including any liability for the acts or omissions of our employees, agents, consultants and subcontractors) arising out of or in connection with this Agreement or the Services provided hereunder, whether in contract, tort (including negligence or breach of statutory duty), delict, misrepresentation, restitution or otherwise shall be limited to fixing, repairing or otherwise rectifying any Service faults, even if any such loss was foreseeable or contemplated by the Parties, or where applicable, shall not exceed the greater of the amount actually paid by the Clinic for the Services, USD$100.00 or the equivalent amount in the Clinic’s jurisdiction calculated based substantial part on the time provisions of the claimthis Section 9.4 relating to disclaimers, limitations and exclusions and that such disclaimers, limitations and exclusions are unrelated, independent allocations of risks. WITHOUT LIMITING THE FOREGOING, GORDIAN AND LANTRONIX AGREE THAT IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL DISCLAIMERS, LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN SHALL REMAIN IN EFFECT.
(v) In no event will we be liable to the Clinic (or the Clinics patients, employees, contractors. agents or users) for any losses, costs, damages, charges or expenses resulting from loss, misappropriation, unauthorized access to or modification of Data by any third party, or from mistakes, omissions or delays in transmission of information, or from interruptions in telecommunications connections to the Service, viruses or failures of performance or from the impact of the Services on your information or communications systems, for interception or compromise of the Services, including without limitation the network services or any record or other communication provided by you, any Patient or by us under this Agreement.
(vi) Nothing in this Agreement limits or excludes liability for death or personal injury resulting from negligence, an act or omission for any damage or liability incurred as a result of our fraud or fraudulent misrepresentation or intentional misconduct, or blatant gross negligence, meaning a blatant indifference to a severe degree of negligence equivalent to reckless disregard.
Appears in 1 contract
Liability exclusions and limitations. (i) WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF OUR SITE FOR ANY PURPOSE. XXXXXX.XXX™ PCN IS PROVIDED "AS IS" WITHOUT ANY GUARANTEES, CONDITIONS, OR REPRESENTATIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, WE AND OTHER MEMBERS OF OUR GROUP OF COMPANIES EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR DATA WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY, AVAILABLE, USEABLE, UNINTERRUPTED OR ERROR-FREE. THE INTERNET CANNOT BE GUARANTEED TO BE 100% SECURE, AND WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU PROVIDE TO US. IN NO EVENT SHALL WE, OR ANY OTHER MEMBERS OF OUR GROUP OF COMPANIES, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM USE, LOSS OF USE OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF REPUTATION, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORT (OR DELICT) OR ANY OTHER LEGAL ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, EXCEPT AS OTHERWISE EXPRESSLY SET OUT IN ANY APPLICABLE AND DULY EXECUTED TERMS AND CONDITIONS BETWEEN US AND OUR CUSTOMERS GOVERNING THE USE OF XXXXXX.XXX™ PCN. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUS THAT MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (FOR EXAMPLE, YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS OR OPERATOR ERRORS. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(ii) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW. For Clinics in Australia: Where our liability in connection with a breach of any non-excludable warranty or guarantee cannot be excluded but can be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.
(iii) To the extent permitted by applicable law in no event will we be liable to the Clinic or Users (or the Clinic’s patients, employees, contractors, or agents) for any indirect, special, consequential or pure economic losses, costs, damages, charges or expenses of any kind arising out of or in connection with this Agreement (whether in warranty, contract or tort, including negligence, delict, or product liability even if informed about the possibility thereof), including without limitation medical expenses, legal fees, loss of revenue or profits (whether direct or indirect), loss or interruption of business, loss of goodwill, loss of anticipated savings, loss of use, or loss or corruption of Data or information. In no event xxxx Xxxxxx or any of its any Xxxxxx affiliated companies involved in providing the Services accept any form of liability or be jointly liable with Abbott.
(iv) Except for the indemnification obligations set forth herein, our total aggregate liability to the Clinic (including any liability for the acts or omissions of our employees, agents, consultants and subcontractors) arising out of or in connection with this Agreement or the Services provided hereunder, whether in contract, tort (including negligence or breach of statutory duty), delict, misrepresentation, restitution or otherwise shall be limited to fixing, repairing or otherwise rectifying any Service faults, even if any such loss was foreseeable or contemplated by the Parties, or where applicable, shall not exceed the greater of the amount actually paid by the Clinic for the Services, USD$100.00 or the equivalent amount in the Clinic’s jurisdiction calculated based on the time of the claim.
(v) In no event will we be liable to the Clinic (or the Clinics patients, employees, contractors. agents or users) for any losses, costs, damages, charges or expenses resulting from loss, misappropriation, unauthorized access to or modification of Data by any third party, or from mistakes, omissions or delays in transmission of information, or from interruptions in telecommunications connections to the Service, viruses or failures of performance or from the impact of the Services on your information or communications systems, for interception or compromise of the Services, including without limitation the network services or any record or other communication provided by you, any Patient or by us under this Agreement.
(vi) Nothing in this Agreement limits or excludes liability for death or personal injury resulting from negligence, an act or omission for any damage or liability incurred as a result of our fraud or fraudulent misrepresentation or intentional misconduct, or blatant gross negligence, meaning a blatant indifference to a severe degree of negligence equivalent to reckless disregard.
Appears in 1 contract
Samples: Patient Care Services Agreement
Liability exclusions and limitations. (i) WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF OUR SITE FOR ANY PURPOSE. XXXXXX.XXX™ PCN IS PROVIDED "AS IS" WITHOUT ANY GUARANTEES, CONDITIONS, OR REPRESENTATIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, WE AND OTHER MEMBERS OF OUR GROUP OF COMPANIES EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR DATA WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY, AVAILABLE, USEABLE, UNINTERRUPTED OR ERROR-FREE. THE INTERNET CANNOT BE GUARANTEED TO BE The Internet cannot be guaranteed to be 100% SECUREsecure, AND WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU PROVIDE TO USand we cannot ensure or warrant the security of any information you provide to us. IN NO EVENT SHALL WE, OR ANY OTHER MEMBERS OF OUR GROUP OF COMPANIES, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM USE, LOSS OF USE OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF REPUTATION, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORT (OR DELICT) OR ANY OTHER LEGAL ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, EXCEPT AS OTHERWISE EXPRESSLY SET OUT IN ANY APPLICABLE AND DULY EXECUTED TERMS AND CONDITIONS BETWEEN US AND OUR CUSTOMERS GOVERNING THE USE OF XXXXXX.XXX™ PCN. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUS THAT MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (FOR EXAMPLE, YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS OR OPERATOR ERRORS. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(ii) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
(iii) To the extent permitted by applicable law in no event will we be liable to the Clinic or Users (or the Clinic’s patients, employees, contractors, or agents) for any indirect, special, consequential or pure economic losses, costs, damages, charges or expenses of any kind arising out of or in connection with this Agreement (whether in warranty, contract or tort, including negligence, delict, or product liability even if informed about the possibility thereof), including without limitation medical expenses, legal fees, loss of revenue or profits (whether direct or indirect), loss or interruption of business, loss of goodwill, loss of anticipated savings, loss of use, or loss or corruption of Data or information. In no event xxxx Xxxxxx or any of its any Xxxxxx affiliated companies involved in providing the Services as a ‘subprocessor’ accept any form of liability or be jointly liable with AbbottXxxxxx.
(iv) Except for the indemnification obligations set forth herein, our total aggregate liability to the Clinic (including any liability for the acts or omissions of our employees, agents, consultants and subcontractors) arising out of or in connection with this Agreement or the Services provided hereunder, whether in contract, tort (including negligence or breach of statutory duty), delict, misrepresentation, restitution or otherwise shall be limited to fixing, repairing or otherwise rectifying any Service faults, even if any such loss was foreseeable or contemplated by the Parties, or where applicable, shall not exceed the greater of the amount actually paid by the Clinic for the Services, USD$100.00 or the equivalent amount in the Clinic’s jurisdiction calculated based on the time of the claim.
(v) In no event will we be liable to the Clinic (or the Clinics patients, employees, contractors. agents or users) for any losses, costs, damages, charges or expenses resulting from loss, misappropriation, unauthorized access to or modification of Data by any third party, or from mistakes, omissions or delays in transmission of information, or from interruptions in telecommunications connections to the Service, viruses or failures of performance or from the impact of the Services on your information or communications systems, for interception or compromise of the Services, including without limitation the network services or any record or other communication provided by you, any Patient or by us under this Agreement.
(vi) Nothing in this Agreement limits or excludes liability for death or personal injury resulting from negligence, an act or omission for any damage or liability incurred as a result of our fraud or fraudulent misrepresentation or intentional misconduct, or blatant gross negligence, meaning a blatant indifference to a severe degree of negligence equivalent to reckless disregard.
Appears in 1 contract
Samples: Patient Care Services Agreement
