No Warranty; Limitation of Liability Sample Clauses

No Warranty; Limitation of Liability. I acknowledge that, as the USER, I retain full responsibility for my project progress and development. ALL CORE FACILITY SERVICES, DELIVERABLES AND REPORTS ARE PROVIDED “AS IS” WITH ALL FAULTS. NEITHER CORE FACILITY NOR UNIVERSITY MAKES ANY, AND THEY HEREBY DISCLAIM ALL, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES AS TO THE USEFULNESS, QUALITY, ACCURACY, CONDITION OR BENEFITS OF ANY PARTICULAR PROJECT(S) OR RESULTS, AND WARRANTIES THAT CORE FACILITY SERVICES OR FACILITIES WILL BE PROVIDED OR COMPLETED ON A PARTICULAR SCHEDULE. I fully understand and agree that any work done or service provided by CORE FACILITY and its employees is on a reasonable effort basis. I fully understand and agree that CORE FACILITY has no responsibility to return any materials or information I may provide. I accept full responsibility for the progress and results of my project(s). THE FACILITY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF OR THE PERFORMANCE OF THE SERVICES, EVEN IF FACILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FACILITY’S LIABILITY FOR ANY CLAIMS OR DAMAGES OF ANY KIND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE FACILITY FOR THE SERVICES GIVING RISE TO SUCH A CLAIM.

No Warranty; Limitation of Liability. We do not represent or warrant that Fraud Protection is error-free or that it will identify all potentially fraudulent transaction activity. PayPal shall not be liable for your losses (such as loss of profits) or damages. The sections of the PayPal User Agreement on “Indemnification and Limitation of Liability” and “Disclaimer of Warranty and Release” apply to your use of Fraud Protection.

No Warranty; Limitation of Liability. 4.1. Data Provider does not represent or warrant that it has any rights whatsoever in the Data. 4.2. THE DATA IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4.3. NEITHER DATA PROVIDER NOR ANY UPSTREAM DATA PROVIDER SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE DATA OR RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Warranty; Limitation of Liability. FireText reserves the right to modify, suspend, or discontinue the offering of any of the FireText Sites or Services at any time for any reason without prior notice. Further, while FireText utilises electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the FireText Sites or Services. FireText submits all messages via encrypted channels to the downstream messaging providers. You acknowledge that messages may be transmitted unencrypted by a downstream messaging provider and that eavesdropping of communications by third parties may be possible. FireText recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method. FireText makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. FireText will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in FireText offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service. Notwithstanding anything contained herein to the contrary, the FireText sites and services are provided “as is” and “as available,” without any warranties or conditions whatsoever, expressed or implied. Notwithstanding the foregoing or any statement to the contrary contained in these terms, FireText does not warrant that the use of the FireText sites or services will be uninterrupted or error free, including, but not limited to any interruptions to the services caused by the intentional and/or malicious acts of third parties (E.G., “Hacking”) nor shall FireText be responsible for any data loss or loss of any information in your account, regardless of the cause. Furthermore, FireText makes no representations or warranties as to the results that may be obtained from use of the se...

No Warranty; Limitation of Liability. 9.1. The User uses the services of the Organization's Website at his own risk. The services are provided "as is". The Organization does not assume any responsibility, including for the compliance of the Site's Services with the User's goals; 9.2. The Organization does not guarantee that: the Site services meet /will meet the User's requirements; the services will be provided continuously, quickly, reliably and without errors; the results that can be obtained using the services will be accurate and reliable and can be used for any purpose or in any capacity (for example, to establish and/or confirm any facts); the quality of any product, service, information, etc. obtained using the Site services will meet the User's expectations; 9.3. Any information and / or materials (including downloadable software, letters, any instructions and guides to action, etc.) that the User gets access to using the services of the Organization's Website, the User can use at his own risk and is solely responsible for the possible consequences of using the specified information and / or materials, including for the damage that this may cause to the User's computer or third parties, for data loss or any other harm; 9.4. The Organization is not responsible for any kind of losses that occurred as a result of the User's use of the services of the Organization's Website or individual parts / functions of the services of the Organization's Website.

No Warranty; Limitation of Liability. COMPANY EQUIPMENT AND THE SERVICE(S) INCLUSIVE OF THE VOICE SERVICES PROVIDED BY CONEXON CONNECT, LLC. ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR OUR AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WARRANT THAT THE COASTCONNECT EQUIPMENT OR THE SERVICE(S) WILL MEET CUSTOMER REQUIREMENTS, THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.

No Warranty; Limitation of Liability. Indemnification; Export Controls; Governing Law and Statute of Limitations; Termination; Severability;

No Warranty; Limitation of Liability. Neither party makes any representation or warranty, express or implied, with respect to any Confidential Information and neither party will be responsible for any expenses, losses or actions incurred or undertaken by the other party as a result of the receipt and use by such party of Confidential Information of the other party. NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY PARTY, INCLUDING THIRD PARTIES, ARISING OUT OF OR RELATED TO THIS AGREEMENT.

No Warranty; Limitation of Liability. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, ANY AND ALL SERVICES SUPPLIED OR DELIVERED BY MANAGEMENT COMPANY PURSUANT OT THIS AGREEMENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, MANAGEMENT COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OTHER THAN AS EXPRESSLY PROVIDED FOR HEREIN. IN NO EVENT SHALL SERVICE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH HEREOF, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTIONS OR OTHER ECONOMIC LOSS. THE DISCLAIMERS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF SERVICE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF SERVICE COMPANY HEREUNDER SHALL BE $100,000.

No Warranty; Limitation of Liability. Customer expressly agrees that: (a) the Services provided are best efforts services and the Services, Software and Equipment are provided by Optimum on an “AS IS” and "AS AVAILABLE" basis without warranties of any kind, either express or implied; (b) Optimum, its officers, shareholders, directors, employees, affiliates, vendors, carrier partners, content providers and other persons or entities involved in providing the Services or Equipment (collectively, the “Optimum Parties”) are not responsible or liable for any loss or impairment of service due in whole or in part to Customer owned‐ or provided‐ Equipment; and (c) all use of the Services, Software and Equipment, including that provided by Third Party Providers, as well as the purchase, download or use of any third party service, product, or application provided by or accessed through the Services or Equipment, are provided at Customer’s sole risk and Customer assumes total responsibility for Customer’s or any User’s use of the Services. Without limiting the generality of the foregoing, the Optimum Parties make no warranty: (i) that the Services will be uninterrupted or error free or that the Equipment will work as intended; (ii) as to transmission or upstream or downstream speeds of the network; (iii) that the Services, Equipment or Software are compatible with any Customer owned‐ or provided‐Equipment; or (iv) as to the security of Customer’s communications via Optimum’s facilities or Services, or that third parties will not gain unauthorized access to or monitor Customer’s communications. Customer has the sole responsibility to secure Customer’s communications and the Optimum Parties will not be liable for any loss associated with such unauthorized access. In addition, neither the Optimum Parties nor any Third‐Party Provider of services or products makes any representations or warranties with respect to any product or services offered through the Services or Equipment, and Optimum shall not be party to nor responsible for monitoring any transaction between Customer and any Third Party Provider of products or services. Except for a refund or credit as expressly provided in this Agreement, in no event (including negligence) will the Optimum Parties be held responsible or liable for any loss, damage, cost or expense including direct, indirect, incidental, special, treble, punitive, exemplary or consequential losses or damages including, but not limited to, loss of profits, earnings, business opportuniti...