Common use of Limitation of Liability; Disclaimers Clause in Contracts

Limitation of Liability; Disclaimers. You agree to review the Services immediately after their publication or provision and to notify us in writing of any errors or omissions no later than 30 days after the error is first published or displayed or the Services omitted. You agree that we may provide free advertising or make goods pursuant to our then-current policies instead of a refund or credit to your account, and that we will have no liability with respect to any Services provided to you at no cost. The total aggregate liability for us and our affiliates for errors in or omission of Services, negligence, any breach of the Agreement, and any other cause of action or wrongful act is limited to, and shall in no event exceed, the lesser of (a) the amount by which the value of the Service(s) was/were diminished, or (b) the amount you have paid for the Service(s) giving rise to the liability (the “Liability Cap”). We and our third-party service providers are not liable for consequential damages, punitive damages, incidental damages, or damages for harm to business, lost revenues, profits, or goodwill, or any other special damages, whether the claim is based on negligence, breach of contract or express or implied warranty, strict liability, misrepresentation, statute, tort, or any other theory of recovery, even if you or we knew such damages could or may result. We disclaim any obligations, representations, or warranties, whether express or implied, that are not expressly set forth in the Agreement including any warranty of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, we and our third-party service providers do not warrant and you expressly disclaim any reliance on any statements or representations, including estimates, not contained in the Agreement, including without limitation the number of responses to your Services, the number of persons who will view your Services, or any other business benefit. The limitations in this Section shall apply notwithstanding any failure of essential purpose under the Agreement. We are not liable to you for any deviation from or change in our policies, practices, and procedures, including without limitation those regarding the placement, position, or location of Services, headings, or categories.

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

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Limitation of Liability; Disclaimers. You agree to review the Ads and Services immediately after their publication or provision and to notify us in writing of any errors or omissions no later than 30 days after the error is first published or displayed or the Services Ad or Service omitted. You agree that we may provide free advertising or make goods pursuant to our then-current policies instead of a refund or credit to your account, and that we will have no liability with respect to any listings, Ads or Services provided to you at no cost. The total aggregate liability for us and our affiliates for errors in or omission of the Ads or Services, negligence, any breach of the this Agreement, and any other cause of action or wrongful act is limited to, and shall in no event exceed, the lesser of (a) the amount by which the value of the Service(s) was/were diminished, Ad or Service was diminished or (b) the amount you have paid for the Service(s) Ad or Service giving rise to the liability (the "Liability Cap"). We and our third-party service providers are not liable for consequential damages, punitive damages, incidental damages, or damages for harm to business, lost revenues, profits, or goodwill, or any other special damages, whether the claim is based on negligence, breach of contract or express or implied warranty, strict liability, misrepresentation, statute, tort, or any other theory of recovery, even if you or we knew such damages could or may result. We disclaim any obligations, representations, or warranties, whether express or implied, that are not expressly set forth in the this Agreement including any warranty of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, we and our third-party service providers do not warrant and you expressly disclaim any reliance on any statements or representations, including estimates, not contained in the Agreement, including without limitation the number of responses to your ServicesAds, the number of persons who will view your ServicesAds, or any other business benefit. The limitations in this Section shall apply notwithstanding any failure of essential purpose under the this Agreement. We are not liable to you for any deviation from or change in our policies, practices, and procedures, including without limitation those regarding the placement, position, or location of ServicesAds, headings, or categories. You may increase the Liability Cap with regard to paid Ads and Services by agreeing to pay additional charges that will be determined by mutual agreement between you and us. You may obtain information about this option by contacting us at 000-000-0000.

Appears in 1 contract

Samples: Advertising Agreement (Securitas EDGAR Filings, Inc.)

Limitation of Liability; Disclaimers. You agree to review the Services immediately after their publication or provision and to notify us in writing of any errors or omissions no later than 30 days after the error is first published or displayed or the Services omitted. You agree that we may provide free advertising or make goods pursuant to our then-current policies instead of a refund or credit to your account, and that we will have no liability with respect to any Services provided to you at no cost. The total aggregate liability for us and our affiliates for errors in or omission of Services, negligence, any breach of the this Agreement, and any other cause of action or wrongful act is limited to, and shall in no event exceed, the lesser of (a) the amount by which the value of the Service(s) was/were diminished, or (b) the amount you have paid for the Service(s) giving rise to the liability (the “Liability Cap”). We and our third-party service providers are not liable for consequential damages, punitive damages, incidental damages, or damages for harm to business, lost revenues, profits, or goodwill, or any other special damages, whether the claim is based on negligence, breach of contract or express or implied warranty, strict liability, misrepresentation, statute, tort, or any other theory of recovery, even if you or we knew such damages could or may result. We disclaim any obligations, representations, or warranties, whether express or implied, that are not expressly set forth in the this Agreement including any warranty of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, we and our third-third- party service providers do not warrant and you expressly disclaim any reliance on any statements or representations, including estimates, not contained in the Agreement, including without limitation the number of responses to your Services, the number of persons who will view your Services, or any other business benefit. The limitations in this Section shall apply notwithstanding any failure of essential purpose under the this Agreement. We are not liable to you for any deviation from or change in our policies, practices, and procedures, including without limitation those regarding the placement, position, or location of Services, headings, or categories.

Appears in 1 contract

Samples: Services Agreement

Limitation of Liability; Disclaimers. You agree to review the Services immediately after their publication or provision and to notify us in writing of any errors or omissions no later than 30 days after the error is first published or displayed or the Services omitted. You agree that we may provide free advertising or make goods pursuant to our then-current policies instead of a refund or credit to your account, and that we will have no liability with respect to any Services provided to you at no cost. The total aggregate liability for us and our affiliates for errors in or omission of Services, negligence, any breach of the this Agreement, and any other cause of action or wrongful act is limited to, and shall in no event exceed, the lesser of (a) the amount by which the value of the Service(s) was/were diminished, or (b) the amount you have paid for the Service(s) giving rise to the liability (the “Liability Cap”). We and our third-party service providers are not liable for consequential damages, punitive damages, incidental damages, or damages for harm to business, lost revenues, profits, or goodwill, or any other special damages, whether the claim is based on negligence, breach of contract or express or implied warranty, strict liability, misrepresentation, statute, tort, or any other theory of recovery, even if you or we knew such damages could or may result. We disclaim any obligations, representations, or warranties, whether express or implied, that are not expressly set forth in the this Agreement including any warranty of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, we and our third-party service providers do not warrant and you expressly disclaim any reliance on any statements or representations, including estimates, not contained in the Agreement, including without limitation the number of responses to your Services, the number of persons who will view your Services, or any other business benefit. The limitations in this Section shall apply notwithstanding any failure of essential purpose under the this Agreement. We are not liable to you for any deviation from or change in our policies, practices, and procedures, including without limitation those regarding the placement, position, or location of Services, headings, or categories.

Appears in 1 contract

Samples: Services Agreement

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Limitation of Liability; Disclaimers. You agree to review the Services Products immediately after their publication or provision and to notify us in writing of any errors or omissions no later than 30 days after the error is first published or displayed or the Services Products omitted. You agree that we may provide free advertising or make goods pursuant to our then-current policies instead of a refund or credit to your account, and that we will have no liability with respect to any Services Listings or Products provided to you at no cost. The total aggregate liability for us and our affiliates for errors in or omission of ServicesProducts, negligence, any breach of the this Agreement, and any other cause of action or wrongful act is limited to, and shall in no event exceed, the lesser of (a) the amount by which the value of the Service(sProduct(s) was/were diminished, diminished or (b) the amount you have paid for the Service(sProduct(s) giving rise to the liability (the “Liability Cap”). We and our third-party service providers are not liable for consequential damages, punitive damages, incidental damages, or damages for harm to business, lost revenues, profits, or goodwill, or any other special damages, whether the claim is based on negligence, breach of contract or express or implied warranty, strict liability, misrepresentation, statute, tort, or any other theory of recovery, even if you or we knew such damages could or may result. We disclaim any obligations, representations, or warranties, whether express or implied, that are not expressly set forth in the this Agreement including any warranty of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, we and our third-party service providers do not warrant and you expressly disclaim any reliance on any statements or representations, including estimates, not contained in the Agreement, including without limitation the number of responses to your ServicesProducts, the number of persons who will view your ServicesProducts, or any other business benefit. The limitations in this Section shall apply notwithstanding any failure of essential purpose under the this Agreement. We are not liable to you for any deviation from or change in our policies, practices, and procedures, including without limitation those regarding the placement, position, or location of ServicesProducts, headings, or categories. You may increase the Liability Cap with regard to paid Products by agreeing to pay additional charges that will be determined by mutual agreement between you and us. You may obtain information about this option by contacting us at 844-DEXMEDIA (339-6334). Notwithstanding the Liability Cap, if you purchase advertising for a Maine telephone number in a Maine print directory and we omit that Print Ad or publish an incorrect telephone number in that Print Ad, we will refund all amounts you have paid for the Print Ad and pay you $500 in liquidated damages unless: (i) you have a correct Print Ad under the same or related heading; or (ii) for an incorrect telephone number, we have made arrangements so that you can be reached at the incorrect number within 60 days after we received notice of the error or omission. If you pay a surcharge equal to 50% of your advertising, there will be no limitation on our liability for errors in or omission of your Print Ads in a Maine print directory. For additional information, call 844-DEXMEDIA (000-0000).

Appears in 1 contract

Samples: Marketing Services Agreement

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