Other Limitations of Liability. You acknowledge that our liability to you under this Schedule shall be further limited as provided in Clause 12 of the General Terms of Use Schedule of the Cash Management Services Agreement, as otherwise modified by that agreement.
Other Limitations of Liability. Only browsers recommended on the "Configuration" page of the SEFCU OnLine website are acceptable. You are solely responsible for the selection, installation, maintenance, and operation of your personal computer(s), other device(s), and software. SEFCU expressly disclaims any and all liability as it relates to the improper use of your personal computer(s) or other device(s) and the transmission of data. SEFCU is not responsible for any errors or failures due to any malfunction of your personal computer(s) or other device(s), or software, or unsuitability of your personal computer(s) or other device(s), or software, or any virus, or any problems that may be associated with the use of any internet service.
Other Limitations of Liability. A Party is not liable in respect of any Claim (other than a Claim under clause 9.1(a) or 9.2(a)) for any Loss to the extent that:
(a) the Loss arises out of anything done or omitted to be done in accordance with the terms of any Transaction Document or with the prior written approval of:
(i) in respect to USG Claims, USG; or
(ii) in respect to Boral Claims, Boral; or
(b) the Loss arises from any of the following after the date of this Agreement;
(i) the enactment or amendment of any legislation, regulations or other Legal Requirement;
(ii) a change in the judicial or administrative interpretation of any Legal Requirement; or
(iii) a change in the practice or policy of any Regulatory Authority;
(c) the Loss would not have arisen but for a change after Completion in any accounting policy or practice of any member of the Joint Venture Group, any USG Contributed Entity, the Boral Joint Venture, any USG Joint Venture or:
(i) in the case of USG Claims, any member of the USG Group; and
(ii) in the case of Boral Claims, and member of the Boral Group, that (in each case) applied before Completion;
(d) the Loss is remediable, provided that:
(i) in the case of USG Claims, it is remedied at the cost of the Boral Group to the satisfaction of USG, acting reasonably, within 60 days after the relevant Claimant Party gives written notice of the Claim under clause 11.1; and
(ii) in the case of Boral Claims, it is remedied at the cost of the USG Group to the satisfaction of Boral, acting reasonably, within 60 days after the relevant Claimant Party gives written notice of the Claim under clause 11.1; or
(e) the Loss is Consequential Loss, provided that this will not prevent recovery of Loss by the Claimant Party to the extent such Loss comprises costs associated with monitoring and ensuring compliance with anti-corruption or anti-bribery measures as required by any applicable law, regulation or regulator (including for avoidance of doubt the United States Foreign Corrupt Practices Xxx 0000 and the Securities and Exchange Commission) resulting from the matter giving rise to the relevant Claim.
Other Limitations of Liability. The Vendor shall not be liable for a Claim to the extent that its subject matter -
Other Limitations of Liability. The Sellers are not liable in respect of any Warranty Claim to the extent that:
(a) the fact, matter or circumstance giving rise to the Warranty Claim is specifically provided for in the Company’s financial statements dated 30 June 2009;
(b) the loss or damage giving rise to the Warranty Claim is recovered by any Buyer Group Member under another Warranty Claim or a Tax Claim or is made good or otherwise compensated for without cost to any Buyer Group Member;
(c) the loss or damage giving rise to the Warranty Claim is recovered by any Buyer Group Member under any contract of insurance;
(d) the amount of the Warranty Claim is increased as a result of the failure of the Buyer to give notice of any fact matter or circumstance relating to the Warranty Claim within the time period referred to in clause 13.8 and such failure prejudices the rights of the Sellers.
Other Limitations of Liability. 8.1. Grow Online Marketing shall not be liable for downtimes, interference in the form of hacking, virus, disruptions, interruptions, faulty third-party software, search engines or websites on which a service is dependent or other deliveries from a third party. Grow Online Marketing shall be obliged to assist in remedial efforts if so requested by the Customer. Any work connected with remedial efforts as described above shall be charged to the Customer separately in accordance with the terms applicable to the Order or on the basis of Grow Online Marketing’s price list applicable from time to time.
8.2. Grow Online Marketing shall not be liable for any changes made without notice by the Customer or a third party employed by the Customer to domain names, websites, links, technical setup etc. and affecting the Services delivered by Grow Online Marketing. Preceding or subsequent work connected with any adjustments required as a result of such changes shall be charged to the Customer in accordance with the terms applicable to the Order or on the basis of Grow Online Marketing’s price list applicable from time to time.
8.3. Grow Online Marketing shall use all reasonable endeavours to deliver Services relating to search engine optimisation, links, advertisements, banners and sponsorships in accordance with the guidelines applicable to the relevant search engines. However, Grow Online Marketing shall not be liable for delayed or non-conforming performance due to changes made to standard terms, assessment algorithms, search criteria, viewing policy, prices and campaign offers or other matters beyond Grow Online Marketing’s control and shall reserve the right to make changes to Services as a result thereof. In addition, Grow Online Marketing shall not be liable for other changes or discontinuation of search engines.
8.4. Grow Online Marketing shall not be liable for Services relating to search engine optimisation, links, advertisements, banners or sponsorships leading to a minimum number of views, position or frequency in searches on relevant words or otherwise. In addition, Grow Online Marketing shall not be liable for ensuring that such Services lead to a certain volume of traffic, number of clicks, registrations, purchases or the like.
Other Limitations of Liability. The Warrantor shall not be liable for a Claim to the extent that the circumstances, facts or events giving rise to such Claim have been fairly disclosed or referred to in -
Other Limitations of Liability. NOTWITHSTANDING ANYTHING WHICH MAY BE CONTAINED IN THIS MANUFACTURING AGREEMENT TO THE CONTRARY, IN NO EVENT WILL THE INDEMNITY OBLIGATIONS OF AFFX OR BMX UNDER SECTIONS 11.1 AND 11.2 ABOVE INCLUDE (AND IN NO EVENT SHALL EITHER PARTY OTHERWISE BE LIABLE TO THE OTHER FOR) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECULATIVE DAMAGES, WHETHER SUCH ALLEGED DAMAGES ARE LABELED IN TORT, CONTRACT, OR INDEMNITY.
ARTICLE 12 TERMINATION 12.1
Other Limitations of Liability. You are solely responsible for the selection, installation, maintenance and operation of your personal computer, mobile devices, and software. Members Heritage CU expressly disclaims any and all liability as it relates to improper use of your personal computer and its data transmission or storage. Members Heritage is not responsible for any errors or failures due to any malfunctions of your personal computer or software, or unsuitability of software or any virus, or any problems that may be associated with the PC or any Internet service. Contact the credit union for a list of browsers supported. SYSTEM UNAVAILABILITY: Access to MHOnline may be unavailable at certain times due to required maintenance or upgrades or the occurrence of unforeseen events such as, but not limited to, earthquakes, fires, floods, computer failures, interruptions in communication service, electrical outages, civil unrest or riots, war, acts of terrorism, or other circumstances beyond our control that may cause system unavailability. The Credit Union will make every reasonable effort to ensure the availability of service. However, we are in no way liable for the unavailability of MHOnline or any consequential damages that may result. PASSWORD AND SECURITY: Your Internet Banking Password is required to access Members Heritage Credit Union’s Internet Banking functions. You agree not to give or make available your Password to any unauthorized individual. If you believe your Password has been lost or stolen, someone has attempted to use the Internet Banking Service without your consent, your deposit account(s) or loan account(s) have been accessed, or someone has transferred money without your permission, you must notify Members Heritage Credit Union immediately. Members Heritage Credit Union does not maintain a record of your Password. If you lose or forget your Password, you may use the forgot password link or contact Members Heritage Credit Union immediately so that you may select a new confidential Password.
Other Limitations of Liability. We will make all reasonable efforts to ensure the availability of electronic funds transfers. However, there may be certain times when electronic funds transfers are unavailable because of maintenance (scheduled or unscheduled) or as a result of unforeseen events such as earthquakes, fires, floods, etc. We will not in any way be liable for the unavailability or any consequential damages that may result. We make no representation that any content or use of electronic funds transfers is available for use in locations outside of the United States. Accessing and using electronic funds transfers from locations outside of the United States are at your own risk. We will not be liable to you for any losses caused by your failure to use electronic funds transfers properly. We have no responsibility or liability whatsoever as to your Access Device, hardware, software, Internet service, or any use thereof. Additional Risk Associated with Business Use: You will not have the benefit of any consumer law limiting liability with respect to the unauthorized use of your Access Device This means your liability for the unauthorized use of your Access Device could be greater than the liability in a consumer debit card transaction. You accept and agree to undertake the additional risk and greater measure of liability associated with business use. In Case of Errors or Questions about Transactions: If you believe there is an error concerning, or if you have questions about, your electronic funds transfers, contact us as soon as possible. Tell us AT ONCE if you believe an Access Device has
