LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, NEITHER PARTY SHALL IN ANY EVENT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. 15.1 Member acknowledges that Navigant’s fees and charges for the Services are very small in relation to the amounts of transfers initiated through the Services and, as a result, Navigant’s willingness to provide the Services is based on the limitations and allocations of liability contained in this Agreement. Unless expressly prohibited or otherwise restricted by applicable law, the liability of Navigant in connection with the Services will be limited to actual damages sustained by Member and only to the extent such damages are a direct result of Navigant’s gross negligence, willful misconduct or bad faith. In no event shall Navigant be liable for any consequential, special or indirect loss or damage that Member may suffer or incur in connection with the Services, including, without limitation, attorneys’ fees, lost earnings or profits, loss or damage from subsequent wrongful dishonor resulting from Navigant’s acts, or for any indemnification claim, whether contractual, equitable or other, regardless of whether the likelihood of such claim, loss or damage was known by Navigant and regardless of the basis, theory or nature of the action on which a claim is asserted. Unless expressly prohibited by or otherwise restricted by applicable law, and without limiting the foregoing, Navigant’s aggregate liability to Member for all losses, damages, and expenses incurred in connection with any single claim shall not exceed an amount equal to the monthly billing to Member for Services over the six (6) month-period immediately preceding the date on which the damage or injury giving rise to such claim is alleged to have occurred. Notwithstanding any of the foregoing, for transactions which are subject to Article 4A of the UCC, Navigant shall be liable for such damages as may be expressly required under Article 4A or the Fedwire Regulations, as applicable. This Agreement is only between Navigant and Member, and Navigant shall have no liability hereunder to any third party.
15.2 Notwithstanding the foregoing, if Member incurs a loss pursuant to a transaction which Member has properly processed through the Services in accordance with the Internet "help" instructions or other instructions provided to Member, due to Navigant’s gross negligence or willful misconduct in the handling of such transaction, Navigant will be responsible for returning any improperly transferred funds, with interest at the rate paid by Navigant at such time on statement savings accounts, from the dat...
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. You understand and agree that we have no control over, and no duty to take any action regarding: ● which members subscribe to our Services; ● what content you access via our Services; ● what effect the content may have on you; ● how you may interpret or use the content; or ● what actions you may take as a result of your exposure to the content. You release us from all liability related to you acquiring or not acquiring content through our Services. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any such content contained in or accessed through our Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through our Services. Your interactions with organizations and/or individuals found on or through the Site, including membership payment or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE "COMPANY PARTIES") BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED) OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT, MATERIALS, TEMPLATES, AGREEMENTS AND FORMS PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS, TEMPLATES, AGREEMENTS, AND FORMS; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD ...
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. In no event shall either party be liable for any indirect, exemplary, punitive, special, incidental or consequential damages, or lost profits, lost revenue, lost business opportunities or the cost of substitute items or services under or in connection with this Agreement. Stericycle’s aggregate liability, if any, arising under this Agreement or the provision of Services to Customer is limited to the amount of the Service Fees received by Stericycle from Customer under the Agreement.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. To the extent permitted by law, Xxxxxxxx will not be liable for any direct, indirect, incidental, special or consequential damages:
(a) resulting from the Event or Your participation in the Event;
(b) for the cost of procurement of substitute goods and services; or
(c) for any goods or services purchased or obtained or transactions entered into with or through Griffith.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER ARISING FROM ANY BREACH OF THIS MIPRA, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S TOTAL LIABILITY TO THE OTHER UNDER THIS AGREEMENT SHALL NOT EXCEED $10,000. RESO PRODUCTS ARE PROVIDED “AS IS.” RESO AND MEMBERS MAKE NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED EXCEPT THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. RESO AND MEMBERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, TITLE, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. THIS PARAGRAPH SETS OUT MEMBER’S EXCLUSIVE REMEDIES. NOTWITHSTANDING ANY OTHER TERMS OF THIS PARAGRAPH OR THE REST OF THIS MIPRA, HOWEVER, THIS PARAGRAPH SHALL NOT APPLY IN THE EVENT OF ANY BREACH OF SECTIONS 2, 3, OR 5 OF THIS AGREEMENT.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. THE NFL ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM:
A. PROGRAM PARTICIPATION.
(i) ANY AND ALL DEMANDS, RIGHTS, AND CAUSES OF ACTION OF WHATEVER KIND OR NATURE, ARISING OUT OF ALL KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN, BODILY AND PERSONAL INJURIES, DAMAGE TO PROPERTY, AND THE CONSEQUENCES THEREOF, INCLUDING DEATH, RESULTING FROM PARTICIPATION BY THE PARTICIPANT IN THE PROGRAM; OR (ii) THE COST OF PROCUREMENT OF GOODS AND SERVICES IN CONNECTION WITH THE PROGRAM.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. The WFFL, the Association, USA Football, Inc. and any and all other sponsors and/or participants or officials shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from any and all demands, rights, and causes of action of whatever kind or nature, arising out of all known and unknown, foreseen and unforeseen, bodily and personal injuries, damage to property, and the consequences thereof, including death, resulting from participation by the participant in the program.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. A. In no event will Sprint be liable, either in contract or in tort, for unauthorized access to Customer's transmission facilities or Customer premise equipment; or for unauthorized access to or alteration, theft, or destruction of Customer's data files, programs, procedure, or information through accident, fraudulent means or devices, or any other method.
B. Except to the extent caused by the negligence of Sprint, Sprint will not be liable for claims or damages resulting from or caused by: (i) Customer's fault, negligence or failure to perform Customer's responsibilities; (ii) claims against Customer by any other party (except for claims of copyright or patent infringement as specified herein; (iii) any act or omission of any other party; or (iv) equipment or services furnished by a third party.
C. Sprint's entire liability for its failure to perform any of its obligations under this Agreement will not exceed an amount equal to the lesser of $100,000 or the monthly charges paid for the effected Services during the preceding 12 months. Sprint will not be liable for any unavoidable damage to Customer's premises.
D. Sprint will not be liable for any consequential, special, incidental, indirect, exemplary or punitive damages for any cause of action, whether in contract or tort, arising out of this Agreement or in any way related to the relationship between the Parties. Consequential and indirect damages Include, but are not limited to, lost profits, lost revenues or loss of business opportunity, whether or not Sprint was aware or should have been aware of the possibility of such damages.
E. With respect to the Services, materials and equipment provided hereunder, SPRINT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED; NOT EXPLICITLY STATED IN THE AGREEMENT, AND IN PARTICULAR DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES a. Participant releases Host from any liability associated with:
i. Any malfunction or other lack of functionality related to the Contest site or the Contest infrastructure;
ii. Any error in the collection, processing, transferring, or retaining of information that Participant transfers to Host;
iii. Any third party’s use or misuse of Transferred Data, or any information Participant transfers to Host, which Host transfers to a third party; and/or
iv. Any typographical or other error in the printing, offering or announcement of any Prize, winners, or information related to the Contest.
b. PARTICIPANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HOST OR THE HOST’S SUBSIDIARIES OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AND AGENTS, BE RESPONSIBLE FOR OR LIABLE TO PARTICIPANT FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPANT’S PARTICIPATION IN THE CONTEST OR FOR ANY ACTION OR OMISSION MADE IN CONNECTION WITH THE CONTEST.
c. WITHOUT LIMITING THE FOREGOING, EVERYTHING IN THIS AGREEMENT AND THIS CONTEST, INCLUDING THE PRIZES AWARDED, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
