Common use of Liability; Warranty Disclaimers Clause in Contracts

Liability; Warranty Disclaimers. THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”. NEITHER HANOVER NOR HSB (NOR ANY OF THEIR EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES) (I) MAKE ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES REGARDING THE PROGRAM, INCLUDING WITHOUT LIMITATION THE SUCCESS OF THE PROGRAM, DETECTION, REDUCTION OR PREVENTION OF ANY LOSSES OR OCCURRENCES, OR ANY SAVINGS, THE EQUIPMENT, THE PORTAL, THE MOBILE APP, THE PAYMENT SITE, QUALITY, SAFETY, PERFORMANCE, OR ANY OTHER ASPECTS OF THE PROGRAM OR THE EQUIPMENT; (II) GUARANTEE THAT THE EQUIPMENT WILL BE SATISFACTORY TO YOU, THAT THE OPERATION OF THE EQUIPMENT WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICES WILL BE COMPATIBLE WITH YOUR NETWORK, COMPUTER OR MOBILE DEVICE, OR (III) ARE LIABLE TO YOU IN ANY WAY FOR ANY LOSSES, CLAIMS OR DAMAGES ARISING FROM OR RELATED TO THIS PROGRAM, INCLUDING WITHOUT LIMITATION EQUIPMENT MALFUNCTIONS OR INSTALLATIONS, EXCEPT TO THE EXTENT OF ANY LIABILITY AS CONTEMPLATED UNDER ANY APPLICABLE HANOVER INSURANCE POLICY. HANOVER AND HSB EXPRESSLY DISCLAIM ANY SUCH LIABILITIES, REPRESENTATIONS, WARRANTIES AND GUARANTEES. TO THE FULLEST EXTENT PERMITTED BY LAW NEITHER HANOVER NOR HSB SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE; LOSS OF USE; LOSS OF OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS OR SERVICES; COST OF CAPITAL; GOVERNMENTAL AND REGULATORY SANCTIONS; AND CLAIMS OF THIRD PARTIES FOR SUCH DAMAGES. HANOVER AND HSB EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES REGARDING AVAILABILITY, TITLE, SECURITY OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE THIRD-PARTY PROVIDER OF THE PORTAL IS NOT AFFILIATED WITH HANOVER. NEITHER HANOVER NOR HSB IS RESPONSIBLE OR LIABLE FOR THE ACT(S) OR OMISSION(S) (INCLUDING WITHOUT LIMITATION ANY NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT) OF ANY THIRD PARTY PROVIDER OF THE PORTAL.

Appears in 2 contracts

Samples: Participant Agreement, Participant Agreement

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Liability; Warranty Disclaimers. THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”. NEITHER HANOVER YOUR THIRD PARTY INSURANCE PROVIDER NOR HSB (NOR ANY OF THEIR EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES) (I) MAKE ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES REGARDING THE PROGRAM, INCLUDING WITHOUT LIMITATION THE SUCCESS OF THE PROGRAM, DETECTION, REDUCTION OR PREVENTION OF ANY LOSSES OR OCCURRENCES, OR ANY SAVINGS, THE EQUIPMENT, THE PORTAL, THE MOBILE APP, THE PAYMENT SITE, QUALITY, SAFETY, PERFORMANCE, OR ANY OTHER ASPECTS OF THE PROGRAM OR THE EQUIPMENTEQUIPMENT OR ACCESSORIES; (II) GUARANTEE THAT THE EQUIPMENT OR ACCESSORIES WILL BE SATISFACTORY TO YOU, THAT THE OPERATION OF THE EQUIPMENT WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICES WILL BE COMPATIBLE WITH YOUR NETWORK, COMPUTER OR MOBILE DEVICE, OR (III) ARE LIABLE TO YOU IN ANY WAY FOR ANY LOSSES, CLAIMS OR DAMAGES ARISING FROM OR RELATED TO THIS PROGRAM, INCLUDING WITHOUT LIMITATION EQUIPMENT EQUIPMENT/ACCESSORY MALFUNCTIONS OR INSTALLATIONS, EXCEPT TO THE EXTENT OF ANY LIABILITY AS CONTEMPLATED UNDER ANY APPLICABLE HANOVER THIRD PARTY INSURANCE PROVIDER INSURANCE POLICY. HANOVER THIRD PARTY INSURANCE PROVIDER AND HSB EXPRESSLY DISCLAIM ANY SUCH LIABILITIES, REPRESENTATIONS, WARRANTIES AND GUARANTEES. TO THE FULLEST EXTENT PERMITTED BY LAW NEITHER HANOVER THIRD PARTY INSURANCE PROVIDER NOR HSB SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE; LOSS OF USE; LOSS OF OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS OR SERVICES; COST OF CAPITAL; GOVERNMENTAL AND REGULATORY SANCTIONS; AND CLAIMS OF THIRD PARTIES FOR SUCH DAMAGES. HANOVER THIRD PARTY INSURANCE PROVIDER AND HSB EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES REGARDING AVAILABILITY, TITLE, SECURITY OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE THIRD-PARTY PROVIDER OF THE PORTAL IS NOT AFFILIATED WITH HANOVER. NEITHER HANOVER NOR HSB IS RESPONSIBLE OR LIABLE FOR THE ACT(S) OR OMISSION(S) (INCLUDING WITHOUT LIMITATION ANY NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT) OF ANY THIRD PARTY PROVIDER OF THE PORTAL.

Appears in 1 contract

Samples: Sensor Program Participant Agreement

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Liability; Warranty Disclaimers. THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”. NEITHER HANOVER IB NOR HSB (NOR ANY OF THEIR EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES) (I) MAKE ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES REGARDING THE PROGRAM, INCLUDING WITHOUT LIMITATION THE SUCCESS OF THE PROGRAM, DETECTION, REDUCTION OR PREVENTION OF ANY LOSSES OR OCCURRENCES, OR ANY SAVINGS, THE EQUIPMENT, THE PORTAL, THE MOBILE APP, THE PAYMENT SITE, QUALITY, SAFETY, PERFORMANCE, OR ANY OTHER ASPECTS OF THE PROGRAM OR THE EQUIPMENT; (II) GUARANTEE THAT THE EQUIPMENT WILL BE SATISFACTORY TO YOU, THAT THE OPERATION OF THE EQUIPMENT WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICES WILL BE COMPATIBLE WITH YOUR NETWORK, COMPUTER OR MOBILE DEVICE, OR (III) ARE LIABLE TO YOU IN ANY WAY FOR ANY LOSSES, CLAIMS OR DAMAGES ARISING FROM OR RELATED TO THIS PROGRAM, INCLUDING WITHOUT LIMITATION EQUIPMENT MALFUNCTIONS OR INSTALLATIONS, EXCEPT TO THE EXTENT OF ANY LIABILITY AS CONTEMPLATED UNDER ANY APPLICABLE HANOVER IB INSURANCE POLICY. HANOVER IB AND HSB EXPRESSLY DISCLAIM ANY SUCH LIABILITIES, REPRESENTATIONS, WARRANTIES AND GUARANTEES. TO THE FULLEST EXTENT PERMITTED BY LAW NEITHER HANOVER IB NOR HSB SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE; LOSS OF USE; LOSS OF OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS OR SERVICES; COST OF CAPITAL; GOVERNMENTAL AND REGULATORY SANCTIONS; AND CLAIMS OF THIRD PARTIES FOR SUCH DAMAGES. HANOVER IB AND HSB EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES REGARDING AVAILABILITY, TITLE, SECURITY OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE THIRD-PARTY PROVIDER OF THE PORTAL IS NOT AFFILIATED WITH HANOVER. NEITHER HANOVER NOR HSB IS RESPONSIBLE OR LIABLE FOR THE ACT(S) OR OMISSION(S) (INCLUDING WITHOUT LIMITATION ANY NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT) OF ANY THIRD PARTY PROVIDER OF THE PORTAL.

Appears in 1 contract

Samples: Sensor Program Participant Agreement

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