Common use of Liability exclusions and limitations Clause in Contracts

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.

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.

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 SOME JURISDICTIONS AND MAY NOT BE APPLICABLE TO YOU. TO THE EXTENT THAT A COURT OF COMPETENT JURISDICTION HOLDS DEVOLUTIONS LIABLE IN RESPECT OF ANY MATTERS ARISING UNDER OR LIMIT OUR INCIDENTAL TO THESE TERMS OF USE, DEVOLUTIONS’ TOTAL AND AGGREGATED LIABILITY TO YOU FOR ANY ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.OTHERWISE), WILL IN NO EVENT EXCEED THE AMOUNT OF US$250. [Table of Content]