Common use of Limitation and Warranty Disclaimers Clause in Contracts

Limitation and Warranty Disclaimers. In addition to the terms of Part I, Navigant and its service providers disclaim all warranties relating to Mobile Banking or otherwise in connection with this Part III, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-infringement. Neither Navigant nor its service providers will be liable to Member or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if Navigant or our service providers, as applicable, have been advised or, or have reason to know of, the possibility of such damages. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Member.

Limitation and Warranty Disclaimers. In addition to the terms of Part I, Navigant and its service providers disclaim all warranties relating to Mobile Banking or otherwise in connection with this Part III, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-non- infringement. Neither Navigant nor its service providers will be liable to Member or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if Navigant or our service providers, as applicable, have been advised or, or have reason to know of, the possibility of such damages. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Member.