Nothing in these Terms is intended to or shall operate to create a partnership or joint venture between the Parties or to authorise either Party to obligate or bind the other Party in any manner whatsoever.
Nothing in these Terms of Supply or a Contract shall create or be deemed to create a partnership or the relationship of principal and agent or employer and employee between the parties. No party shall have authority or power (and shall not represent themselves as having such authority or power) to contract in the name of the other party or to undertake any liabilities or obligation on behalf of or to pledge the credit or the other party.
Nothing in these Terms of Service shall limit or exclude our liability for:
Nothing in these Terms. OF USE WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY OF KHK FOR DEATH OR PERSONAL PHYSICAL INJURY THAT IS DIRECTLY AND PROXIMATELY CAUSED BY KHK’S NEGLIGENCE OR WILLFUL MISCONDUCT 15.7 TO THE EXTENT ANY OF THE LIMITATIONS OF REMEDY, INCLUDING WAIVER OF THE RIGHT TO PRIVATE OR PUBLIC INJUNCTIVE RELIEF, ARE NOT PERMITTED BY LAW OF ANY APPLICABLE JURISDICTION, SUCH LIMITATIONS SHALL NOT APPLY AND SHALL BE DEEMED AS SEVERABLE AND STRICKEN FROM THESE TERMS. THE PARTIES AGREE FURTHER THAT SUCH PROVISION(S) SHALL NOT AFFECT THE ENFORCEABILITY OF THE TERMS OR THE ARBITRATION AGREEMENT (Section 17), WHICH THE PARTIES AGREE SHALL REMAIN IN PLACE AND IN FORCE LESS ANY SUCH STRICKEN PROVISIONS.
Nothing in these Terms and Conditions shall exclude or limit either party’s liability for (i) fraud or other criminal act, (ii) personal injury or death caused by negligence, or (iii) any other liability that cannot be excluded by law.
Nothing in these Terms. OF USE SHALL LIMIT OR EXCLUDE OUR LIABILITY TO YOU FOR FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SUBJECT TO THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER DREAMLAND NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF DREAMLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IN PARTICULAR, WE HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH: YOUR INABILITY TO USE OUR SITE OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR COMMUNICATION LINE FAILURE IN RELATION TO OUR SITE, NOR ANY THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERNATION OF, OR USE OF ANY RECORD, INFORMATION OR CONTENT, INCLUDING YOUR CONTENT. You agree that we shall not be liable to you for any modification, suspension or discontinuance of our Site or any part of it. You agree that we have no responsibility or liability for the deletion or failure to store any of Your Content nor for any errors in Your Content. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on our Site that is not ours, including without limitation any such opinion, advice or statement included in any Forum or blog or on any bulletin board provided on our Site. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the content on our Site, whether such content was provided by us or any third party. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Site. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be so...
Nothing in these Terms and Conditions shall oblige the Custodian to extend credit, grant financial accommodation or otherwise advance moneys (collectively, “Credit”) to you for the purpose of meeting any payments or otherwise carrying out any Instructions. If the Custodian grants any Credit to you, the Custodian may at any time cancel any extension of Credit.
Nothing in these Terms establishes a license for you to use PRO-ED’s source identifiers, including its brands, marks, or logos, without the prior written consent of PRO-ED.
Nothing in these Terms. SHALL EXCLUDE OR LIMIT THE WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Nothing in these Terms and Conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller’s negligence or fraudulent misrepresentation.
