TELEMARKETING & UNSOLICITED EMAILS. In no event, including the negligent act or omission on its part, shall PDNC, whether under this Agreement, a purchase order, other work order or otherwise in connection with any of them, be liable in contract, tort, third-party liability, breach of statutory duty or otherwise, in respect of any direct, indirect or consequential losses or expenses, including without limitation loss of anticipated profits, company shut-down, third-party loss or injury, any loss because of data breach, any loss of personally identifiable or protected information, goodwill, use, market reputation, business receipts or contracts or commercial opportunities, whether or not foreseeable, if the Client’s data is breached because of the distribution of unsolicited email, direct mail, facsimiles, telemarketing or because of the collection of information by means of electronic “spiders”, “spybots”, “spyware”, wiretapping, bugging, video cameras or identification tags.
TELEMARKETING & UNSOLICITED EMAILS. In no event, including the negligent act or omission on its part, shall SimplePowerIT or its contracted subcontractors, whether under these Terms, an SOW, other work order or otherwise in connection with any of them, be liable in contract, tort, third-party liability, breach of statutory duty or otherwise, in respect of any direct, indirect or consequential losses or expenses, including without limitation loss of anticipated profits, company shut-down, third-party loss or injury, any loss because of data breach, any loss of personally identifiable or protected information, goodwill, use, market reputation, business receipts or contracts or commercial opportunities, whether or not foreseeable, if Client data is breached because of the distribution of unsolicited email, direct mail, facsimiles, telemarketing or because of the collection of information by means of any form of electronic malware, wiretapping, bugging, video cameras or identification tags.
TELEMARKETING & UNSOLICITED EMAILS. In no event shall MSP be liable for any direct, indirect, or consequential damages, losses, or expenses, whether or not foreseeable, to the extent resulting from Client’s/End User’s data systems or equipment being breached because of the distribution of unsolicited email, direct mail, facsimiles, telemarketing or because of the collection of information by means of electronic “spiders”, “spybots”, “spyware”, “phishing,” social engineering, wiretapping, bugging, video cameras or identification tags. Client/End Users understand and agree that use of telecommunications and data communications equipment, networks, systems, Miners, Third Party Products, and the Internet may not be secure or uninterrupted and that connection to and transmission of data and information over the Internet and such facilities provides the opportunity for unauthorized access to wallets, computer systems, networks, and all data stored therein. Information and data transmitted through the Internet or stored on any equipment through which Internet information is transmitted may not remain confidential and MSP does not make any representation or warranty regarding privacy, security, authenticity, and non-corruption or destruction of any such information; except in each case, to the extent caused by the employees or contractors of MSP due to a breach of this Agreement or the negligence, recklessness or willful misconduct of MSP, but subject in all events to the damage limitations contained herein. MSP does not warrant that the Services or Client’s/End User’s use of any equipment, systems, Miners or Third-Party Products will be uninterrupted, error-free, or secure. Except in each case, to the extent caused by the employees or contractors of MSP due to a breach of this Agreement or the gross negligence, recklessness or willful misconduct of MSP (but in all event subject to the damage limitation contained herein), MSP shall not be responsible for any adverse consequence or loss whatsoever to Client’s (or its End-Users’, licensees’ or subscribers’) use of the services, equipment, Miners, Third Party Products and/or the Internet. MSP is not responsible for the accuracy or quality of data or information obtained through or used by any network, including as a result of failure of performance, error, omission, interruption, corruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or...
TELEMARKETING & UNSOLICITED EMAILS. In no event, including the negligent act or omission on its part, shall Pacific Coast or its contracted subcontractors, whether under these Terms, an SOW, other work order or otherwise in connection with any of them, be liable in contract, tort, third-party liability, breach of statutory duty or otherwise, in respect of any direct, indirect or consequential losses or expenses, including without limitation loss of anticipated profits, company shut-down, third-party loss or injury, any loss because of data breach, any loss of personally identifiable or protected information, goodwill, use, market reputation, business receipts or contracts or commercial opportunities, whether or not foreseeable, if Client data is breached because of the distribution of unsolicited email, direct mail, facsimiles, telemarketing or because of the collection of information by means of any form of electronic malware, wiretapping, bugging, video cameras or identification tags.
TELEMARKETING & UNSOLICITED EMAILS. In no event, including the negligent act or omission on its part, shall MSP, whether under this Agreement, a purchase order, other work order or otherwise in connection with any of them, be liable in contract, tort, third-party liability, breach of statutory duty or otherwise, in respect of any direct, indirect or consequential losses or expenses including (without limitation) if and to the extent that they might otherwise not constitute indirect or consequential losses or expenses, loss of anticipated profits, company shut-down, third-party loss or injury, any loss because of data breach, goodwill, use, market reputation, business receipts or contracts or commercial opportunities, whether or not foreseeable if the Customer’s data is breached because of the distribution of unsolicited email, direct mail, facsimiles, telemarketing or because of the collection of information by means of electronic “spiders”, “spybots”, “spyware”, wire tapping, bugging, video cameras or identification tags.
TELEMARKETING & UNSOLICITED EMAILS. In no event, including the negligent act or omission on its part, shall XXX or its Contracted Subcontractors, whether under this Agreement, an SOW or otherwise in connection with any of them, have any liability under any theory, if Client's data is breached Master Services Agreement because of the distribution of unsolicited email, direct mail, facsimiles, telemarketing or because of the collection of information by means of electronic “spiders”, “spybots”, “spyware”, wiretapping, bugging, video cameras or identification tags.
