Common use of Limitation of Warranty and Damages Clause in Contracts

Limitation of Warranty and Damages. i) You agree that use of the Service is at your sole risk. We do not warrant that the Service will be uninterrupted or error free; nor do we 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. ii) 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 Online Access Agreement. iii) You agree that we 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, tortious behaviour, negligence or under any other cause of action. iv) In no event will we, 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 we are advised or made aware of the possibility of such damages. You acknowledge that the provisions of this section will apply to all content on the Service. v) In addition to the terms set forth above, we will 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 you of the information contained within the Service (“Account Information”), or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. We will not be liable for any third- party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. We will 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. vi) You agree to indemnify and save us, or any person or entity involved in creating, producing or distributing the Service (“Indemnified Parties”) harmless from and against any and all costs, liabilities and expenses (including reasonable legal fees and disbursements) directly or indirectly suffered as a result of any claim or action against any of the Indemnified Parties by any third-party arising out of or in connection with the Account Information, the Service or this Online Access Agreement, including any legal or beneficial holder of a BPIC account over which you have been granted the right to access hereunder.

Limitation of Warranty and Damages. i) You agree that use of the Service is at your sole risk. We do not warrant that the Service will be uninterrupted or error free; nor do we 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. ii) 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 Online Access Agreement. iii) You agree that we 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, tortious behaviour, negligence or under any other cause of action. iv) In no event will we, 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 we are advised or made aware of the possibility of such damages. You acknowledge that the provisions of this section will apply to all content on the Service. v) In addition to the terms set forth above, we will 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 you of the information contained within the Service (“Account Information”), or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. We will not be liable for any third- third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. We will 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. vi) You agree to indemnify and save us, or any person or entity involved in creating, producing or distributing the Service (“Indemnified Parties”) harmless from and against any and all costs, liabilities and expenses (including reasonable legal fees and disbursements) directly or indirectly suffered as a result of any claim or action against any of the Indemnified Parties by any third-party arising out of or in connection with the Account Information, the Service or this Online Access Agreement, including any legal or beneficial holder of a BPIC account over which you have been granted the right to access hereunder.

Limitation of Warranty and Damages. i(a) You agree The Client expressly agrees that use of the Service is at your his/her sole riskrisk . We do BHIMI does not warrant that the Service will be uninterrupted or error free; nor do we 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 ServiceService . ii(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 Online Access AgreementClient Agreement . iii(c) You agree The Client agrees that we 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, tortious tortuous behaviour, negligence or under any other cause of actionaction . iv(d) In no event will weBHIMI, 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 we are BHIMI is advised or made aware of the possibility of such damagesdamages . You acknowledge The Client hereby acknowledges that the provisions of this section will shall apply to all content on the ServiceService . v(e) In addition to the terms set forth above, we will 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 you the Client of the information contained within the Service (“Account Information”)Service, or for any delay or interruption in the transmission thereof to youthe Client, or for any claims or losses arising therefrom or occasioned therebythereby . We will BHIMI shall not be liable for any third- third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damagesdamages . We will BHIMI shall have no liability for investment decisions based on the data or information providedprovided . Additionally, there are no warranties as to the results obtained from the use of the account Account Information providedprovided . vi(f) You agree The Client agrees to indemnify and save usBHIMI, or any person or entity involved in creating, producing or distributing the Service (“Indemnified Parties”) harmless from and against any and all costs, liabilities and expenses (including reasonable legal fees and disbursements) directly or indirectly suffered as a result of any claim or action against any of the Indemnified Parties by any third-third party arising out of or in connection with the Account Information, the Service or this Online Access Client Agreement, including any legal or beneficial holder of a BPIC BHIMI account over which you have the Client has been granted the right to access hereunderhereunder .

Limitation of Warranty and Damages. i) You agree that use of the Service is at your sole risk. We do not warrant that the Service will be uninterrupted or error free; nor do we 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. ii) 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 Online Access Agreement. You also acknowledge and agree that TSV is provided on an ‘as is’ and ‘as available basis’ and that TSV may not be available due to regular or emergency maintenance. We will not be liable for any delay or failure to receive or respond to any TSV communication you may experience as delivery is subject to many factors outside of our control, including, without limitation, effective transmission by the applicable Carrier and your or your Access Device’s ability to receive and respond to communications. You acknowledge and agree that the charges and any limitations on use imposed by a Carrier regarding the use of an Access Device, such as data limits, are outside of our control and you must contact your Carrier regarding such matters. iii) You agree that we will not be liable for any damages or injury 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, tortious behaviourbehavior, negligence or under any other cause of action, unless the damages or injury are due to a technology system malfunction within our control. iv) In no event will we, 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 we are advised or made aware of the possibility of such damagesunless due to a technology system malfunction within our control. You acknowledge that the provisions of this section will apply to all content on the Service. v) In addition to the terms set forth above, we will not be liable, regardless of the cause or duration, unless due to a technology system malfunction within our control for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, or any use by you of the information contained within the Service (“Account Information”), or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. We will not be liable for any third- third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. We will 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. vi) You agree to indemnify and save us, or any person or entity involved in creating, producing or distributing the Service (“Indemnified Parties”) harmless from and against any and all costs, liabilities and expenses (including reasonable legal fees and disbursements) directly or indirectly suffered as a result of any claim or action against any of the Indemnified Parties by any third-party arising out of or in connection with the Account Information, the Service or this Online Access Agreement, including any legal or beneficial holder of a BPIC account over which you have been granted the right to access hereunder.

Limitation of Warranty and Damages. i) You agree that use of the Service is at your sole risk. We do not warrant that the Service will be uninterrupted or error free; nor do we 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. ii) 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 Online Access Agreement. iii) You agree that we will not be liable for any damages or injury 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, tortious behaviourbehavior, negligence or under any other cause of action, unless the damages or injury are due to a technology system malfunction within our control. iv) In no event will we, 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 we are advised or made aware of the possibility of such damagesunless due to a technology system malfunction within our control. You acknowledge that the provisions of this section will apply to all content on the Service. v) In addition to the terms set forth above, we will not be liable, regardless of the cause or duration, unless due to a technology system malfunction within our control for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, or any use by you of the information contained within the Service (“Account Information”), or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. We will not be liable for any third- third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. We will 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. vi) You agree to indemnify and save us, or any person or entity involved in creating, producing or distributing the Service (“Indemnified Parties”) harmless from and against any and all costs, liabilities and expenses (including reasonable legal fees and disbursements) directly or indirectly suffered as a result of any claim or action against any of the Indemnified Parties by any third-party arising out of or in connection with the Account Information, the Service or this Online Access Agreement, including any legal or beneficial holder of a BPIC account over which you have been granted the right to access hereunder.

Limitation of Warranty and Damages. i) You agree that use of the Service is at your sole risk. We do not warrant that the Service will be uninterrupted or error free; nor do we 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. ii) 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 Online Access Agreement. iii) You agree that we will not be liable for any damages or injury 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, tortious behaviour, negligence or under any other cause of action, unless the damages or injury are due to a technology system malfunction within our control. iv) In no event will we, 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 we are advised or made aware of the possibility of such damagesunless due to a technology system malfunction within our control. You acknowledge that the provisions of this section will apply to all content on the Service. v) In addition to the terms set forth above, we will not be liable, regardless of the cause or duration, for unless due to a technology system malfunction within our control. For any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, or any use by you of the information contained within the Service (“Account Information”), or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. We will not be liable for any third- third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. We will 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. vi) You agree to indemnify and save us, or any person or entity involved in creating, producing or distributing the Service (“Indemnified Parties”) harmless from and against any and all costs, liabilities and expenses (including reasonable legal fees and disbursements) directly or indirectly suffered as a result of any claim or action against any of the Indemnified Parties by any third-party arising out of or in connection with the Account Information, the Service or this . Section Three: Online Access AgreementAgreement (cont’d) In consideration of BPIC providing you with access to the Online Services (the “Service”), including any legal or beneficial holder of a BPIC account over which you have been granted the right to access hereunder.and BPIC, on its own behalf, and as trustee for its directors, officers, employees and agents agree as follows:

Limitation of Warranty and Damages. i(a) You agree The Client expressly agrees that use of the Service Gateway service is at your the Client’s sole risk. We do not Neither BMO Xxxxxxx Xxxxx, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Service Gateway service will be uninterrupted or error free; nor do we they make any warranty as to the results that may be obtained from use of the ServiceGateway service, or as to the accuracy, reliability or content of any data information, service, or information merchandise provided through the ServiceGateway service. ii(b) The Service Gateway service is provided on an “as is” basis without warranties or conditions of any kind, either express expressed 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 by and incapable of exclusion, restriction or modification under the laws applicable to this Online Access Agreement. iii(c) You agree that we will not be liable for This disclaimer of liability applies to 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, tortious behaviour, negligence negligence, or under any other cause of action, unless the damages or injury are due to a technology system malfunction within BMO Xxxxxxx Xxxxx’ control. The Client specifically acknowledges that BMO Xxxxxxx Xxxxx is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the Client. iv(d) In no event will weBMO Xxxxxxx Xxxxx, or any person or entity involved in creating, producing or distributing the Service Gateway 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 ServiceGateway service, even if we are advised or made aware of the possibility of such damagesunless due to a technology system malfunction within BMO Xxxxxxx Xxxxx’ control. You acknowledge The Client hereby acknowledges that the provisions of this section will shall apply to all content on the ServiceGateway service. v(e) The two-step verification service (“TSV”) is an authentication process used to verify the Client’s identity. The Client acknowledges and agrees that the Carrier for each of their Access Devices may apply charges to two-step verification communications, including, but not limited to, data, messaging, download, interconnection, access, wireless, landline or any long distance, phone or other charges. Normal Carrier rates may apply to any TSV communication that the Client receives or sends. The Client represents that they are the authorized user of each of the Access Devices they register as part of TSV and the device is authorized to incur any charges the Carrier imposes in connection with TSV. The Client is solely responsible for paying these charges to the Carrier for each of their Access Devices. The Client acknowledges and agrees that the charges and any limitations on use imposed by a Carrier regarding the use of an Access Device, such as data limits, are outside of the control of BMO Xxxxxxx Xxxxx and that they will need to contact the applicable Carrier regarding such matters. BMO Xxxxxxx Xxxxx will not apply any charges for TSV. (f) In addition to the terms set forth above, we will not neither BMO Xxxxxxx Xxxxx nor its affiliates, information providers or content partners shall be liable, regardless of the cause or duration, unless due to a technology system malfunction within BMO Xxxxxxx Xxxxx’ control, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity inauthenticity of, or any use by you of the information contained within with the Service (“Account Information”)Gateway service, or for any delay or interruption in the transmission thereof to youthe Client, or for any claims or losses arising therefrom or occasioned thereby. We will not None of the foregoing parties shall be liable for any third- third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. We will BMO Xxxxxxx Xxxxx, its affiliates, information or content providers 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 information provided. vi) You agree to indemnify and save us, or any person or entity involved in creating, producing or distributing the Service (“Indemnified Parties”) harmless from and against any and all costs, liabilities and expenses (including reasonable legal fees and disbursements) directly or indirectly suffered as a result of any claim or action against any of the Indemnified Parties by any third-party arising out of or in connection with the Account Information, the Service or this Online Access Agreement, including any legal or beneficial holder of a BPIC account over which you have been granted the right to access hereunder.

Limitation of Warranty and Damages. i(a) You agree The Client expressly agrees that use of the Service is at your his/her sole riskrisk . We do BMO Trust Company does not warrant that the Service will be uninterrupted or error free; nor do we does BMO Trust Company 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 ServiceService . ii(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 Online Access AgreementClient Agreement . iii(c) You agree The Client agrees that we BMO Trust Company 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, tortious tortuous behaviour, negligence or under any other cause of actionaction . iv(d) In no event will weBMO Trust Company, 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 we are BMO Trust Company is advised or made aware of the possibility of such damagesdamages . You acknowledge The Client hereby acknowledges that the provisions of this section will shall apply to all content on the ServiceService . v(e) In addition to the terms set forth above, we will BMO Trust Company 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 you the Client of the information contained within the Service (“Account Information”)Service, or for any delay or interruption in the transmission thereof to youthe Client, or for any claims or losses arising therefrom or occasioned therebythereby . We will BMO Trust Company shall not be liable for any third- third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damagesdamages . We will BMO Trust Company shall have no liability for investment decisions based on the data or information providedprovided . Additionally, there are no warranties as to the results obtained from the use of the account Account Information providedprovided . vi(f) You agree The Client agrees to indemnify and save usBMO Trust Company, or any person or entity involved in creating, producing or distributing the Service (“Indemnified Parties”) harmless from and against any and all costs, liabilities and expenses (including reasonable legal fees and disbursements) directly or indirectly suffered as a result of any claim or action against any of the Indemnified Parties by any third-third party arising out of or in connection with the Account Information, the Service or this Online Access Client Agreement, including any legal or beneficial holder of a BPIC BMO Trust Company account over which you have the Client has been granted the right to access hereunderhereunder .

Limitation of Warranty and Damages. i) You agree The Client expressly agrees that use of the Service is at your his/ her sole risk. We do BPIC does not warrant that the Service will be uninterrupted or error free; nor do we does BPIC 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. ii) 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 Online Access Client Agreement. iii) You agree The Client agrees that we BPIC 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, tortious behaviour, negligence or under any other cause of action. iv) In no event will weBPIC, 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 we are BPIC is advised or made aware of the possibility of such damages. You acknowledge The Client hereby acknowledges that the provisions of this section will shall apply to all content on the Service. v) In addition to the terms set forth above, we will BPIC 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 you the Client of the information contained within the Service (“Account Information”), or for any delay or interruption in the transmission thereof to youthe Client, or for any claims or losses arising therefrom or occasioned thereby. We will BPIC shall not be liable for any third- third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. We will BPIC 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 Account Information provided. vi) You agree The Client agrees to indemnify and save usBPIC, or any person or entity involved in creating, producing or distributing the Service (“Indemnified Parties”) harmless from and against any and all costs, liabilities and expenses (including reasonable legal fees and disbursements) directly or indirectly suffered as a result of any claim or action against any of the Indemnified Parties by any third-party arising out of or in connection with the Account Information, the Service or this Online Access Client Agreement, including any legal or beneficial holder of a BPIC account over which you have the Client has been granted the right to access hereunder.