Risk and Limitation of Liability. 21.1 The Customer acknowledges and agrees that the Provider shall not be held responsible or liable for:
(a) anything related to the Customer’s Web Site or any other services provided;
(b) any supplied content breaching any Acts, legislation or regulations, unless due to the negligence of the Provider;
(c) any loss, corruption, or deletion of files or data (including, but not limited to software programmes) resulting from illegal hacking or Services provided by the Provider. Whilst the Provider will endeavour to restore the Web Site, files, or data (at the Customer’s cost), it is the sole responsibility of the Customer to back-up any data which they believe to be important, valuable, or irreplaceable prior to the Provider providing the Services. The Customer accepts full responsibility for the Customer’s software and data and the Provider is not required to advise or remind the Customer of appropriate backup procedures (unless included as part of the Services); and
(d) any loss or damage to the Customer’s software or hardware caused by any ‘updates’ provided for that software.
21.2 The Provider, its directors, agents, or employees will not be liable in any way for any form of loss or damage of any nature whatsoever suffered, whether arising directly or indirectly, by the Customer or any person related to or dealing with the Customer out of, in connection with or reasonably incidental to the provision of the Services by the Provider to the Customer.
21.3 The maximum liability of the Provider under this Contract shall at no time exceed the amount of Professional Indemnity insurance cover in respect of any single act, omission, or statement, unless otherwise specified in the Provider’s proposal.
21.4 The Customer agrees to indemnify the Provider, (including its partners, associates or employees) and any other person who may be sought to be made liable in excess of the limit of liability described in clause 21.3 in respect of any activity arising from, or connected with this Contract in respect of any claim of whatsoever kind, that may be made by any person and any costs and expenses that may be incurred by the Provider. All references herein to loss or damage shall be deemed to exclude loss or damage sustained by any third party in respect of which the Customer is liable and responsible (as between the Customer and the third party) whether by statute, contract tort or otherwise.
21.5 The liability of the Provider to the Customer shall expire twelve (12) month...
Risk and Limitation of Liability. You acknowledge that the Services involve our judgment and that our views regarding the economy, the securities markets or other specialized areas, like all predictions of future events, cannot be guaranteed to be accurate. You represent that no party to this Agreement has made any guarantee, either oral or written, that the Plan's investment objectives will be achieved. We will not be liable for any action performed or not performed, or for any errors of judgment or mistake in providing the Services, in the absence of our breach of fiduciary duty, willful misconduct, negligence or violation of the terms of this Agreement or applicable law. In no event will Wilshire be liable to you or the Plan or Sponsor, regardless of whether the claim is based on contract or tort, for any indirect, incidental, special, punitive or consequential, damages, including but not limited to, lost profits, arising out of or in connection with the Services. We will not be responsible for any loss incurred by reason of any act or omission by you, Sponsor, the Recordkeeper or Custodian, or any investment managers, custodians, broker-dealers, or other service providers to the Plan engaged by you with respect to the Plan, or any other third party. For avoidance of doubt, you and Sponsor agree that in no event shall Wilshire have any responsibility or liability for the performance of the investments made available by the Recordkeeper as they relate to your Plan’s ability to meet its investment objectives. You acknowledge and agree that we will not be liable to you or the Plan or any other person for failure to comply with any law applicable to the Plan to the extent it is different from or not consistent with ERISA Standards. You further acknowledge and agree that we will not be liable to you, the Plan or any other person as a fiduciary for any activities not deemed to be fiduciary activities under applicable law. Any investment option that we may recommend or select may be subject to a variety of risks, including market, currency, and political risks. Please note that past performance of a mutual fund or other investment vehicle does not guarantee its future performance. We will not be responsible for any loss caused directly or indirectly by government restrictions, exchange or market rulings, suspension of trading, war, natural disasters, or other conditions beyond our control, including extreme market volatility. We cannot and do not make any guarantee about the future performance...
Risk and Limitation of Liability. The Licensee agrees that it will use the Road at its own risk, and that the Licensor will not be liable for, and the Licensee hereby waives, any claim, action, damage, liability, cost or expense which the Licensee may suffer, incur or be put to in connection with any occurrence on the Road or the adjacent lands or with the use and occupation of the Road by the Licensee or the Licensor. The Licensor will not be liable to the Licensee in connection with this Agreement, whether based on contract, tort (including negligence and strict liability), under warning or otherwise, for any special, indirect, incidental or consequential loss or damage whatsoever including, without limitation, loss of use of equipment or facilities and loss of profits or revenues. The waiver set forth above will be in addition to, and not in limitation or derogation of, any other waiver or release contained in this Agreement with respect to any loss of, or damage to, property of the Licensee. As the above waiver may preclude the assignment of such claim, by subrogation or otherwise, to an insurance company (or any other person), the Licensee agrees immediately to give any insurance company which has issued policies in respect of such insurance, written notice of the terms of such waiver, and to have such insurance policies properly endorsed, if necessary, to prevent the invalidation of the insurance coverage by reason of such waiver. INDEMNITY
Risk and Limitation of Liability. 10.1 The Client acknowledges and agrees that FT shall not be held responsible or liable for:
(a) any loss, corruption, or deletion of files or data (including, but not limited to software programmes) resulting from illegal hacking or Services provided by FT. Whilst FT will endeavour to restore files or data (at the Client’s cost), it is the sole responsibility of the Client to back-up any data as per clause 7.1(a). The Client accepts full responsibility for the Client’s software and data and FT is not required to advise or remind the Client of appropriate backup procedures;
(b) any loss or damage to the Client’s software or hardware caused by any ‘updates’ provided for that software;
(c) any unlicensed software, data loss or problems arising caused by the user or software.
10.2 FT, its directors, agents or employees will not be liable in any way for any form of loss or damage of any nature whatsoever suffered, whether arising directly or indirectly, by the Client or any person related to or dealing with the Client out of, in connection with or reasonably incidental to the provision of Services by FT to the Client.
10.3 The Client agrees to defend, hold harmless and indemnify FT for any and all claims, causes of action, damages, demands, fines, liabilities and penalties arising out of the Clients breach of any warranty made by the Client pursuant to this Contract. The Client further agrees to defend, hold harmless and indemnify FT for any and all claims, causes of action, damages, demands, fines, liabilities and penalties arising out of the Client’s negligent or reckless acts or omissions arising out of this Contract.
10.4 The Client acknowledges that it is the policy of FT to report all findings of illegal material (including, but not limited to, images and software) to the relevant authorities.
Risk and Limitation of Liability. 3.1 This risk disclosure statement cannot and does not disclose all risks and other aspects related to our services or utilizing our Service. Risks include, but are not limited to, the following. The market for various instruments witch operate Xxxxx Club and Xxxxx Club may be volatile and uncertain. You should realize that you may lose all of your initial deposits, and in some cases, you may also incur losses that exceed your initial deposits. Xxxxx.xxxx makes no representations or warranties about whether a certain RGC Unit and maybe traded or changed through the System at any point in the future, if at all. Furthermore, Xxxxx Club makes no representations or warranties that a particular statement in the roadmap will be executed in whole or in part, besides Xxxxx Club reserves the right to change the roadmap unilaterally without prior notice, and all changes take effect the same calendar day. Furthermore, some legal risks are associated with RGC Unit and RGC Coins or any services through our System, including, inter alia, taxation issues in various jurisdictions related to the liability of the Member. You are responsible for knowing and understanding how different your purchase on Xxxxx Club will be addressed, regulated, and taxed under applicable law. You should know how various risk factors can affect your purchase and other market and risk factors that can affect your deposits and seek advice from a qualified attorney or independent financial adviser before deciding whether our services are suitable for you.
3.2 You enter the site and use it at your own risk. The site and facilities are provided with no warranty.
3.3 Unless otherwise stated in the terms, Xxxxx Club will not be liable for any of the following loss of revenue, reputation, profits, business, connection error, fraud, death/loss of health or consequential or special losses or any other possible liability.
3.4 You expressly understand and agree that your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
3.5 You acknowledge that we have no control over, and no duty to take any action regarding which Members gain access to or use the Service; what effects the Service may have on you; how you may interpret or use the Service; or what actions you may take as a ...
