Limitations of Warranties and Liability. THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED TO OR ARISING FROM CUMMINS’ SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN.
Limitations of Warranties and Liability. You understand and agree that neither we nor our third party service providers make any warranties or have any liability as to: • Any offers, commitments, promotions, money back, or other incentives offered by any of the merchants in Purchase Rewards; • Any rewards offer is provided to you “AS IS” and “AS AVAILABLE”; • Your failure or inability to comply with offer guidelines; • The accuracy, timeliness, loss or corruption, or misdelivery, of any qualifying purchase information or any other information; or • Unauthorized access to your account(s) or to your account information and any misappropriation, or alteration, of your account
Limitations of Warranties and Liability. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMEVO DISCLAIMS ANY AND ALL EXPRESS WARRANTIES. COMEVO WILL NOT BE LIABLE FOR ANY LOSS OF BUSINESS OR PROFITS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SIMILAR DAMAGES, OR, OTHER THAN AS SET FORTH IN THIS AGREEMENT, FOR CLAIMS OF DAMAGES MADE BY ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT WILL COMEVO'S LIABILITY EXCEED THE TOTAL ACTUALLY PAID BY CLIENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, AS DEFINED IN THIS AGREEMENT.
Limitations of Warranties and Liability. PLEASE READ THIS SECTION CAREFULLY, IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. Customer acknowledges and agrees that CCVN has priced its Services and entered into this Agreement in reliance upon the limitations of liability set forth herein, and that the same form an essential basis of the bargain between the parties. Customer understands and agrees that the limitations and exclusions of liability and disclaimers in the agreement will survive and apply even if found to have failed of their essential purpose. If any of the exclusions in this Agreement is found invalid, CCVN’s liability is limited to the maximum extent permitted by law.
Limitations of Warranties and Liability. TASB DOES NOT WARRANT THAT THE OPERATION OR USE OF SERVICES HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE.
Limitations of Warranties and Liability. You understand and agree that we make no warranties and have no liability as to:
(a) Any offers, commitments, promotions, money back, or other incentives offered by any of the merchants in the Debit Rewards Offers program;
(b) The rewards information that we provide to you, which is provided "as is" and "as available";
(c) Your inability to comply with offer guidelines;
(d) The accuracy, timeliness, loss or corruption, or mis-delivery, of any qualifying purchase information or any other information;
(e) Unauthorized access to your account(s) or to your account information and any misappropriation, or alteration, of your account information or data, to the extent that the unauthorized access results from your acts or omissions; or
(f) Your inability to access your account(s) including, but not limited to, failure of electronic or mechanical equipment, interconnect problems with telephone providers or internet service providers, acts of God, strikes, or other labor problems. Some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.
Limitations of Warranties and Liability. 12.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, No warranty, whether express or implied, is made with respect to the SOFTWARE, SAAS, hardware, Software Documentation, SAAS DOCUMENTATION or services, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
12.2 Except for misappopriation by customer of any of empirix’s intellectual property rights OR LIABILITY ARISING FROM BREACH OF SECTION 14 CONFIDENTIALITY (in all cases, for which no limit applies), [I.] Whether or not such party has been advised of the possibility of such loss, neither Empirix nor Customer, nor any of their respective PARENTs, subsidiaries or licensors, shall be liable for any other indirect, special, incidental or consequential loss, including but not limited to loss of revenue, loss of profits, loss of business or goodwill, however caused, or otherwise be liable in contract, tort, negligence, STRICT LIABILITY and whether such loss arises out of or in connection with the Use of the software, saas, HARDWARE, SERVICES or otherwise under THIS Agreement; AND
Limitations of Warranties and Liability. A. Disclaimer of Warranties. ALL SERVICES PROVIDED BY COMPANY ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, COMPANY MAKES NO WARRANTIES, GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL.
Limitations of Warranties and Liability. You understand and agree that neither we nor our third party service providers make any warranties or have any liability as to:
Limitations of Warranties and Liability. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND ALL EXHIBITS HERETO, NETHER PARTY MAKES AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS TO THE SCIQUEST MARKETPLACE, THE SERVICES PROVIDED UNDER THIS AGREEMENT AND THE PRODUCTS. Except for breaches by either party of Section 7 (Confidential Information), in no event shall either party be liable for special, incidental, consequential or other indirect damages arising out of or relating in any manner to this Agreement under any cause of action, including, without limitation, lost profits, loss of business, down time or failure to realize savings, even if the parties have been advised of the possibility of such damages. Nothing herein will excuse Buyer from its obligation to pay any fees due under this Agreement.
