LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Section 7.01.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Section 7.01. Limitation on Liability 11 Section 7.02. Disclaimer of Representations and Warranties 11 ARTICLE VIII
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. 12.1 IN NO EVENT SHALL ANY PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT OF THIS LICENSE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL NOT, HOWEVER, LIMIT THE DAMAGES AVAILABLE TO AGILENT FOR (A) INFRINGEMENT OR MISAPPROPRIATION OF ANY LICENSED MARKS OR (B) BREACHES OF ARTICLE X.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Client acknowledges and agrees that it will not hold Big Hype or any third-party suppliers liable for any errors in content, omissions, consequences, damages, costs, refunds, or rebates of any kind arising from any interruption of service or other unavailability of the Internet or website(s) in which the advertisements are published for whatever reason. Big Hype makes no representations or warranties relating to the results of Marketing Services, including without limitation, the number of impressions or click-through and any promotional effect or return on investment thereof. As Big Hype relies on third parties for certain data, Big Hype makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics. In no event shall Big Hype be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Section 7.01. Limitation on Liability 9 Section 7.02. Disclaimer of Representations and Warranties 9 ARTICLE VIII TRANSFERABILITY AND ASSIGNMENT Section 8.01. Assignment 10 Section 8.02. Divested Businesses 10 Section 8.03. Third Party Products or Services 10 Section 8.04. Prohibited Assignments Null and Void 10 ARTICLE IX
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. To the fullest extent permissible under applicable law, GotSafety presents the Site and the Services "AS IS" and without any warranty of any kind, whether express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected or that this Site or the server that makes this website available are free of viruses or other harmful components. In the event of any breach of any warranty, your exclusive remedy shall be that we shall, at our option, repair, replace, or refund the price you paid for any defective goods. We assume no liability or responsibility for any errors or omissions on the Site or with the Services; any failures, delays or interruptions in the Site's accessibility; any losses or damages arising from the use of the Site and/or Services; or any conduct by other users of the Site and/or Services. We reserve the right to deliver the Site and Services in our sole and absolute discretion. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing may not apply to you. IN NO EVENT SHALL WE, OUR AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, SERVICES OR THESE TERMS, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICES) AND TOTAL LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID FOR THE SERVICES. Some states do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by law.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Advertiser acknowledges and agrees that it will not hold AGENCY liable for any errors in content, omissions, consequences, damages, costs, refunds or rebates of any kind arising from any interruption of service or other unavailability of the Internet or Web site in which the Advertisement is published for whatever reason. AGENCY makes no representations or warranties relating to the results of Advertisement, including without limitation, the number of impressions, clicks, calls or engagements such Advertisement will receive and any promotional effect or return on investment thereof. AGENCY makes no guarantees regarding the accuracy, reliability or completeness of any usage statistics. In the event that AGENCY fails to publish Advertisement or in the event of any other failure, technical or otherwise, of Advertisement to appear as provided in this Agreement, the sole liability of AGENCY shall be limited to, at AGENCY option, either a pro rated refund to Advertiser of the fee paid, if any, or placement of Advertisement at a later time in a comparable position. In no event shall AGENCY be responsible for any consequential, special, lost profits or other damages arising under this Agreement including, but not limited to, failure to timely publish Advertisement in accordance with the Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor or material shortage, carrier interruption of any kind or work slowdown.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Advertiser acknowledges and agrees that it will not hold DIGITABILITY, or Promotional Partner if applicable, liable for any errors in content, omissions, consequences, damages, costs, refunds, or rebates of any kind arising from any interruption of service or other unavailability of the Internet or website(s) in which the advertisements are published for whatever reason. Advertiser further acknowledges and agrees that errors or mistakes in the performance of the Advertising Services, including but not limited to misspellings or miscommunications, do not create a right to refund for the Advertiser. Advertiser will give DIGITABILITY timely notice and allow DIGITABILITY a reasonable opportunity thereafter to cure any identified errors or omissions. DIGITABILITY makes no representations or warranties relating to the results of Advertising Services, including without limitation, the number of impressions, click- throughs, or leads and any promotional effect or return on investment thereof. As DIGITABILITY relies on third parties for certain data, DIGITABILITY makes no guarantees regarding the accuracy, reliability, or completeness of any such data, including but not limited to usage statistics. In no event shall DIGITABILITY or Promotional Partner if applicable, be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Company makes no representations or warranties relating to the results of Coaching and Consulting Services or Products, including, without limitation, landing a career as a professional artist, getting accepted as an apprentice anywhere, or every making an income from their art skills. As Company relies on third parties for certain data, Company makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics. In no event shall Company be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. FSBO MAKES NO WARRANTY OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF SERVICES DESCRIBED IN THIS AGREEMENT FOR A PARTICULAR PURPOSE. FSBO shall not be liable for any loss, costs, damages or expense (including reasonable attorney’s fees) INCURRED BY Agent/Broker, except for liability solely resulting from FSBO’s gross negligence or willful misconduct. In no event shall either party be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or related to this Agreement. Nothing herein shall be construed as requiring FSBO to post any minimum number of MLS Listings through Broker.
