Limitation of Warranty and Damages Sample Clauses
The Limitation of Warranty and Damages clause restricts the scope of warranties provided by one party and limits the types or amounts of damages that can be claimed in the event of a breach. Typically, this clause clarifies that only certain warranties are made—often excluding implied warranties—and may cap the liability for damages to a specific amount or exclude certain types of damages, such as consequential or incidental losses. Its core function is to allocate risk between the parties by preventing unexpected or excessive liability, thereby providing predictability and protecting the warrantor from potentially large financial exposures.
Limitation of Warranty and Damages. (a) The Client expressly agrees that use of the Service is at his/her sole risk . BHIMI does not warrant that the Service will be uninterrupted or error free; nor does BHIMI make any warranty as to the results that may be obtained from use of the Service, or as to the accuracy, reliability or content of any data or information provided through the Service .
(b) The Service is provided on an “as is” basis without warranties or conditions of any kind, either express or implied, including, but not limited to, warranties or conditions of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied and incapable of exclusion, restriction or modification under the laws applicable to this Client Agreement .
(c) The Client agrees that BHIMI will not be liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence or under any other cause of action .
(d) In no event will BHIMI, or any person or entity involved in creating, producing or distributing the Service be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Service, even if BHIMI is advised or made aware of the possibility of such damages . The Client hereby acknowledges that the provisions of this section shall apply to all content on the Service .
(e) In addition to the terms set forth above, BHIMI shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, or any use by the Client of the information contained within the Service, or for any delay or interruption in the transmission thereof to the Client, or for any claims or losses arising therefrom or occasioned thereby . BHIMI shall not be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages . BHIMI shall have no liability for investment decisions based on the data or information provided . Additionally, there are no warranties as to the results obtained from the use of the Account Information provided .
(f...
Limitation of Warranty and Damages. SRDS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENT OR ANY PRODUCT OR INFORMATION CONTAINED ON THE SITE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE PRODUCTS AND SITE ARE DELIVERED “AS IS.” THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THIS WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY SRDS WITH RESPECT TO THE SITE, PRODUCTS AND CONTENT. SRDS DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES OR OTHER DAMAGING ELEMENTS, OR THAT SRDS WILL CORRECT ANY ERRORS, OMISSIONS OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT. IN NO EVENT WILL SRDS OR ANY OF THE SRDS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, PRODUCTS OR THE CONTENT, EVEN IF SRDS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL LIABILITY OF SRDS OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS OR DISTRIBUTORS EXCEED THE LICENSE FEES PAID, IF ANY, BY YOU TO SRDS TO ACCESS OR USE THE SITE.
Limitation of Warranty and Damages. You expressly agree that use of the service is at your sole risk. Neither BMO InvestorLine, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the service, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the service.
Limitation of Warranty and Damages