Common use of Performance by us Clause in Contracts

Performance by us. 5.1 We do not make any promises or claims as to the availability or uptime of the Click Demo. The Click Demo is a test environment. You may only use anonymous, non-live data. In particular, you must ensure that any payment data that is entered on the Click Demo is not live or production data. Any accounts or transactions made on the Click Demo are not real and no real money will change hands. 5.2 To the fullest extent permitted by law, except as expressly set out in this Click Test Environment User Agreement, we exclude all warranties, conditions, terms, representations or undertakings, whether express, implied, statutory or otherwise, including without limitation any condition or warranty of merchantability or fitness for a particular purpose. 5.3 To the fullest extent permitted by law in no event will we be liable to you whether in contract, tort (including negligence) or otherwise: (a) in excess of $500; and (b) in respect of any: (i) loss of data, lost profits, loss of revenue, loss of goodwill, loss of business or for any indirect, consequential or special loss, damage, cost or expense suffered or incurred by you; (ii) loss, damage, cost or expense suffered or incurred by you, to the extent to which this results from any act or omission by you; or (iii) any event or circumstance outside our direct control, including any Third Party Outage or mistakes, errors or omissions which are attributable to a third party.

Performance by us. 5.1 We do not make any promises or claims as to the availability or uptime of the Click Demo. The Click Demo is a test environment. You may only use anonymous, non-live data. In particular, you must ensure that any payment data that is entered on the Click Demo is not live or production data. Any accounts or transactions made on the Click Demo are not real and no real money will change hands. 5.2 To the fullest extent permitted by law, except as expressly set out in this Click Test Environment User Agreement, we exclude all warranties, conditions, terms, representations or undertakings, whether express, implied, statutory or otherwise, including without limitation any condition or warranty of merchantability or fitness for a particular purpose. 5.3 To the fullest extent permitted by law in no event will we be liable to you whether in contract, tort (including negligence) or otherwise: (a) in excess of $500; and (b) in respect of any: (i) loss of data, lost profits, loss of revenue, loss of goodwill, loss of business or for any indirect, consequential or special loss, damage, cost or expense suffered or incurred by you; (ii) loss, damage, cost or expense suffered or incurred by you, to the extent to which this results from any act or omission by you; or (iii) any event or circumstance outside our direct control, including any Third Party Outage or mistakes, errors or omissions which are attributable to a third partyparty outage.