LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES Sample Clauses

LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES. Movano Inc. intends that the information contained in or displayed through the Services will be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Movano Inc. at any time. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MOVANO INC. OR ANY OF ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER, OR IN CONNECTION WITH, THESE TERMS OR THEIR SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, FOR ANY: (I) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR LOSS OF DATA, OR (II) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL MOVANO INC.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO MOVANO INC., OR $5.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND FIBERON’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. FIBERON’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR DEFECTIVE PRODUCTS, NOR SHALL FIBERON UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES (INCLUDING LOST PROFITS), WHETHER DIRECT OR INDIRECT. SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES. (a) IN NO EVENT SHALL TELLUS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROVISION OF PRODUCT HEREUNDER, OR OMNISKY'S USE OR DISTRIBUTION THEREOF. (b) TELLUS' LIABILITY FOR DAMAGES HEREUNDER, INCLUDING ANY PAYMENTS MADE OR EXPENSES INCURRED, IF ANY SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNTS PAID BY OMNISKY TO TELLUS HEREUNDER. (c) IN NO EVENT SHALL OMNISKY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, OR LOSS OF BUSINESS ARISING OUT OF OR RELATING TO THIS AGREEMENT.

LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND ECODEK’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. ECODEK’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR DEFECTIVE PRODUCTS, NOR SHALL ECODEK UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES (INCLUDING LOST PROFITS), WHETHER DIRECT OR INDIRECT. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES. YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST XXXXXXX XXXXXX ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, ENHANCED OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE, DIMINUTION IN VALUE, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF XXXXXXX XXXXXX KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR TO THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICE. The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that Xxxxxxx Xxxxxx would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.

LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES. YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST REAL ESTATE AGENT - REFERRALS ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF REAL ESTATE AGENT - REFERRALS KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR TO THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICE. The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that Real Estate Agent - Referrals would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.

LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES. Our liability to Customer is explained in the agreements, notices, and disclosures we provide to it from time to time regarding the accounts identified on Exhibit A and, if applicable, TBO Business. This Section explains our liability to Customer only to the extent that our liability has not already been disclosed by any other agreement, notice, or disclosure. Under no circumstances will we have any liability to Customer for failing to provide access to the Service or for any delays, interruptions, or disruptions in service under this Agreement or for any losses or damages it may suffer as a result thereof. Further, we shall have no liability for any losses Customer incurs due to its permitting any person who is not authorized by Customer to access the Service on Customer’s behalf (“Unauthorized Person”) or the misuse of the Service by any person authorized by Customer to access the Service on Customer’s behalf (“Authorized Person”) or any Unauthorized Person. Neither shall we have any liability for any losses Customer incurs arising out of or related to any actions we take or omit to take in good faith in reliance upon instructions from any Authorized Person or Unauthorized Person. Additionally, we shall have no liability arising out of or related to the use of any hardware, third-party software, or wireless or other telecommunications network Customer may use to access the Service or otherwise use in connection with the Service. Customer is solely responsible for the installation, maintenance, operation, and any required upgrades to its computers or other devices and any third-party software it uses to access the Service or otherwise uses in connection with the Service. We will not be liable for any errors or failures arising out of or related to any malfunction or other failure of such computer, device, or software, nor will we be liable for any computer virus or other malicious program, communications or network error, or similar problems that may be associated with Customer’s use of such computers, devices, or software or of the Service. Unless otherwise required by applicable law, we will only be responsible for performing the Service as expressly stated in this Agreement, and will only be liable for material losses resulting from, arising out of, or incurred in connection with your use of the Service to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Service. Unless otherwise required by l...

LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES