Limitation of Liability and Disclaimer of Warranties Sample Clauses
Limitation of Liability and Disclaimer of Warranties. 1. PD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE OR ANY CONTENT THEREON OR THE SERVICES. ACCORDINGLY, THE SITE AND ALL CONTENT
2. WITHOUT LIMITING SECTION 10.1, PD MAKES NO WARRANTY THAT THE SITE, SERVICES, OR ANY CONTENT THEREON ARE FREE OF ERRORS, COMPUTER V I R U S E S O R S I M I L A R C O N TA M I N AT I O N O R DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE, SERVICES, OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN PD WILL NOT BE RESPONSIBLE FOR THOSE COSTS.
3. IN NO EVENT WILL PD BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE SITE, SERVICE, AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF PD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PD’S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO PD PURSUANT TO THIS AGREEMENT.
4. PD SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH (i) ANY OUTAGE OR UNAVAILABILITY OF THE SITE
5. THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS IN INFORMATION OR MATERIALS ON THE SITE OR S E RV I C E S , A N D P D M A K E S N O WA R R A N T I E S REGARDING THE ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION OR MATERIALS. PD PROVIDES NO GUARANTEES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. PD HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE OR SERVICES.
6. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PD OR OTHERWISE THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
7. PD MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE LIKELIHOOD OR PROBABILITY THAT YOUR PARTICIPATION ON THE SITE OR IN OUR SERVICES WILL ACHIEVE A PARTICULAR OUTCOME OR GOAL. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE S U C C E S S , A N D V O L AT I L I T Y M E A N S T H AT PERFORMANCE IN ANY PERIOD MAY BE FAR DIFFERENT
Limitation of Liability and Disclaimer of Warranties. CONSULTANT’S LIABILITY TO COMPANY FOR DAMAGES ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY COMPANY UNDER THIS AGREEMENT. CONSULTANT SHALL HAVE NO LIABILITY WHATSOEVER FOR SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, MULTIPLE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE) OF COMPANY OR ANY THIRD PARTY,WHETHER BASED UXXX XXXXXXXX, XXXXXXXX, XXXX, XXXXXX LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONSULTANT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND SECURITIES LAWS AND REGULATIONS.
Limitation of Liability and Disclaimer of Warranties. (a) SPC hereby warrants and represents that: SPC will provide the services requested pursuant to this Agreement in a workmanlike and professional manner. THE SERVICES TO BE PROVIDED OR PERFORMED HEREUNDER ARE PROVIDED WITHOUT WARRANTY OF ANY KIND AS TO RESULTS. IN NO EVENT SHALL SPC OR ANY OF ITS OFFICERS, DIRECTORS, OR AGENTS BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION ARISING OUT OF OR CONNECTED IN ANY WAY WITH SPC’S PERFORMANCE UNDER THIS AGREEMENT EVEN IF SPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability and Disclaimer of Warranties. The Bank’s liability for damages arising out of this Agreement will not exceed the fees paid by Company to Bank within the (30) thirty days prior to the event giving cause to the claim, as stated in this Agreement. In no event shall either party have any liability to the other party or any third party for any lost profits or costs of procurement of substitute goods or services or for any indirect, special or consequential damage resulting from or arising out of this Agreement. Notwithstanding the foregoing, in no event shall Bank be liable for any losses or damages resulting from (a) services and/or data provided by Company’s data processing vendor(s); (b) software defects in third party software not developed by or licensed from Bank; (c) a virus, the prevention of which was beyond the reasonable control of Bank, or (d) a third party gaining access to Bank’s system and obtaining or altering data. Company understands and agrees that except as expressly set forth in this Agreement (including any other Attachment or Amendment hereinafter attached hereto), Bank does not make and hereby disclaims any warranties and that the warranties in this Agreement are in lieu of all other warranties, express or implied, including without limitation any warranties regarding the merchantability, suitability, originality, quality, non-infringement, fitness for a particular purpose, or otherwise (irrespective of any previous course of dealings between the parties or custom or usage of trade).
Limitation of Liability and Disclaimer of Warranties. The Company’s liability, whether in Agreement or otherwise, arising out of or in connection with this Agreement shall not exceed the lower of (a) the invoice value of products purchased by the Independent Distributor during the one month preceding the date of the dispute; or (b) actual damages or loss as may be assessed by the arbitrator or any other dispute resolution mechanism adopted by the Parties.
Limitation of Liability and Disclaimer of Warranties. 16.1. UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE FINANCIAL RESPONSIBILITY OF PROCESSOR, BANK, AND ITS AND/OR THEIR AFFILIATES FOR ANY BREACH, FAILURE OF PERFORMANCE, ACT, OR OMISSION UNDER THIS AGREEMENT EXCEED THE FEES OR CHARGES PAID TO PROCESSOR BY MERCHANT FOR THE TRANSACTION OR ACTIVITY THAT IS OR WAS THE SUBJECT OF THE ALLEGED BREACH, FAILURE OF PERFORMANCE, ACT, OR OMISSION.
16.2. IN ANY EVENT, PROCESSOR, BANK, AND ITS AND/OR THEIR AFFILIATES’ LIABILITY SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES AND CHARGES PAID TO PROCESSOR PURSUANT TO THIS AGREEMENT IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM OF LIABILITY. 16.3. FOR PURPOSES OF THIS SECTION 16, FEES OR CHARGES OF THE PAYMENT NETWORKS OR OTHER THIRD PARTIES PASSED THROUGH TO CUSTOMER PURSUANT TO THIS AGREEMENT SHALL NOT BE INCLUDED IN THE CALCULATION OF FEES AND CHARGES PAID TO PROCESSOR.
Limitation of Liability and Disclaimer of Warranties. Consultant’s liability to company for damages arising out of this agreement shall be limited to direct damages and shall not exceed the amount of fees paid by company under this agreement. Consultant shall have no liability whatsoever for special, incidental, exemplary, punitive, multiple, consequential, or indirect damages (including lost profits, loss of data, loss of use) of company or any third party, whether based upon warranty, contract, tort, strict liability or otherwise, even if company has been advised of the possibility of such damages. Consultant disclaims all warranties express or implied, including, but not limited to the implied warranties of merchanability, fitness for a particular purpose, title and non-infringement and securities laws and regulations.
Limitation of Liability and Disclaimer of Warranties. (a) In no event shall either Party be liable for any indirect, incidental, special, consequential or punitive damages under this agreement, including loss of goodwill, lost profits, lost savings or loss of customers, whether in an action in contract or tort (including negligence) based on a warranty, whether either Party or any other person has been advised of the possibility of such damages. The foregoing limitation of liability and exclusion of damages shall apply regardless of the success or effectiveness of other remedies.
(b) Except as expressly set forth in this Agreement, neither Party makes, and each Party hereby specifically disclaims, any representations or warranties, express or implied, regarding any matter subject to this Agreement, including any implied warranty of ATM owners ability or fitness for a particular purpose or implied warranties arising from the course of dealing or of performance.
Limitation of Liability and Disclaimer of Warranties. (a) MDCM hereby warrants and represents that: MDCM will provide the services requested pursuant to this Agreement in a workmanlike and professional manner; MDCM shall comply with all of its obligations under the Web Site Hosting Agreements referred to under Sections 1(a)(vii) and 1(a)(viii) hereunder and the License Agreement; the results and proceeds of MDCM's services provided hereunder do not and will not infringe upon the copyright, trademark or service xxxx rights of third parties; to the best of MDCM's knowledge, the results and proceeds of MDCM's services provided hereunder do not and will not infringe upon the patent rights of third parties. MDCM shall use reasonable efforts to provide the services and technology described herein with substantially the same degree of care as it employs in making the same services and technology available for its own operations; provided however that MDCM shall not be liable to Client or any other person for any loss, damage, or expense which may result therefrom or from any change in the manner in which MDCM renders such services, so long as MDCM deems such change necessary or desirable in the conduct of its own operations.
(b) EXCEPT AS PROVIDED IN SECTION 13(a), THE OPENCLOSE CODE, MDCM CODE, AND ALL OTHER PROGRAMMING AND SOFTWARE (COLLECTIVELY "SOFTWARE") BUT NOT THE SERVICES TO BE PROVIDED OR PERFORMED HEREUNDER, ARE PROVIDED "AS IS," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS PROVIDED IN SECTION 13(a), MDCM DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. CLIENT EXPRESSLY AGREES AND ACKNOWLEDGES THAT USE OF THE SOFTWARE HEREUNDER IS AT CLIENT'S SOLE RISK. MDCM DOES NOT WARRANT THAT THE SOFTWARE AND ALL SERVICES TO BE PROVIDED OR PERFORMED HEREUNDER WILL MEET CLIENT'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.
(c) IN NO EVENT SHALL MDCM OR ANY OF ITS OFFICERS, DIRECTORS, OR AGENTS BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE SOFTWARE, SERVICES, OR MDCM'S PERFORMANCE UNDER THIS AGREEME...
Limitation of Liability and Disclaimer of Warranties. 3.1 The company, its affiliates, their respective officers, directors, employees, agents, suppliers, or licensors (collectively, the “Company Parties”) make no warranties or representations about the Site or Content, including but not limited to its accuracy, reliability, completeness, timeliness, or reliability. The Company Parties shall not be subject to liability for the truth, accuracy, or completeness of the Site or Content or any other information conveyed to the user or for errors, mistakes, or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the Site and the Content at your own risk. The Company Parties do not warrant that the Site will operate error-free or that the Site, its server, or the Content are free of computer viruses or similar contamination or destructive features. If your use of the Site or the Content results in the need for servicing or replacing equipment or data, no Company Party shall be responsible for those costs. The Site and Content are provided on an 'as is' and 'as available' basis without any warranties of any kind. The Company Parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, noninfringement of third parties' rights, and fitness for particular purpose.
3.2 In no event shall any Company Party be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and the Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such Company Party has been advised of the possibility of such damages.
3.3 Some states do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in such states, some of the above limitations may not apply to you or be enforceable with respect to you, and the liability of the Company Parties shall be limited to the greatest extent permitted by law.
3.4 If you are from New Jersey, the foregoing sections 3.1 and 3.2 and section 4 below are intended to be only as broad as is permitted under the laws of the state of New Jersey. If any portion of these sections is held to be invalid under the laws of the state of New Jersey, the invalidity of such portion sh...