Warranties and Limitation of Liability. 1. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR OTHER AUTHORIZED EQUIPMENT PROVIDED BY VERIZON (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR OTHER AUTHORIZED EQUIPMENT PROVIDED BY VERIZON), VERIZON (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE "VERIZON PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY VERIZON OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED.
2. VERIZON DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF VERIZON HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR VERIZON SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT).
3. VERIZON DOES NOT WARRANT THAT ANY OF THE SERVICE, EQUIPMENT, OR OTHER EQUIPMENT AUTHORIZED BY VERIZON FOR USE IN CONNECTION WITH THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. VERIZON SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT (INCLUDING ANY OTHER EQUIPMENT AUTHORIZED BY VERIZON FOR USE IN CONNECTION WITH THE SERVICE), RENDER THE SAME OBSOLETE OR OTHERWISE AFFE...
Warranties and Limitation of Liability a. iHealthSpot will make reasonable efforts to provide continuous, uninterrupted, expedient and error-free Service to Client. iHealthSpot warrants that it will perform its services with professional thoroughness and competence. NO OTHER WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATIBILITY OR SECURITY, is created by this Agreement.
b. iHealthSpot shall under no circumstances be liable to Client or any other party for any special, incidental, consequential or punitive damages, including loss of profits or income, or cost of replacement Service. iHealthSpot’s sole liability, and Client’s sole remedy shall be limited to (i) having iHealthSpot bear the reasonable cost of repairing any part of the Service that does not meet the above warranty, or (ii) an amount equal to the amounts paid by Client for Service during the period which Service is affected for damages caused by extraordinary and unreasonable interruptions of Service, or mistakes, omissions, delays, errors, defects, deletion of files, or loss of or damage to data in the provision of the Service. CLIENT HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT IHEALTHSPOT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
c. Through Client’s use of the Service, Client may engage in transactions with other parties. Client acknowledges that all transactions resulting from use of the Service are agreed to solely between Client and the other parties. IHEALTHSPOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENTS OWN RISK. Client is solely responsible for completion of transactions and collecting payments, including taxes, and for security and storage of any transaction records.
Warranties and Limitation of Liability. 12.1 Unless otherwise stated in these Conditions (or any relevant Service Specific Conditions) Digital Origin makes no warranty in respect of the supply of Equipment and/or Leased Equipment and/or Services and all other warranties which by reason of statute or other direction, regulation or governmental authority may be implied into a Contract for the supply of Equipment and/or Services are hereby excluded to the fullest extent possible, save for, and to the extent of, those warranties which cannot be lawfully excluded.
12.2 Subject to conditions 5.4.7, 12.3 and 12.5:
12.2.1 in no circumstances shall Digital Origin’s liability, arising under or in connection with the Contract and whether in contract, tort (including without limitation negligence), breach of statutory duty or otherwise, to the Client in respect of one incident or series of connected incidents in any Year shall be limited to the lesser of the Contract Spend in a Year or £100,000 (one hundred thousand pounds); and
12.2.2 the Service Credits shall be the Client’s sole and exclusive financial remedy for any failure by Digital Origin to comply with any applicable Service Levels.
12.3 Subject to condition 12.5, under no circumstances shall Digital Origin be liable in any event under or in connection with the Contract and whether in contract, tort (including negligence) or otherwise for any of the following losses whether or not they are incurred directly or indirectly:
12.3.1 loss of revenue;
12.3.2 loss of business;
12.3.3 loss of contracts;
12.3.4 loss of, damage to or corruption of data;
12.3.5 loss of anticipated savings;
12.3.6 loss of profits; or
12.3.7 any indirect, consequential or special losses; whether or not Digital Origin knew or ought to have known that such losses or damages might be incurred.
12.4 Neither party shall be liable to the other party for any breach of any provision of the Contract caused by any reason outside the control or responsibility of that party including, without limitation, in respect of Network Services supplied by Digital Origin, the failure of any Carrier to provide network capacity (or any element thereof) to Digital Origin on which it was reliant for the purposes of the Contract, any act of God, terrorist attacks, inclement weather, accidental damage, vandalism, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, any act or omission of Government, epidemic or pandemic, highways a...
Warranties and Limitation of Liability. We represent and warrant to you that if we sell or license the Proprietary Programs to you: (A) we will have all rights, licenses and authorizations necessary to license the Proprietary Programs to you, subject only to nonexclusive licenses granted to others; and (B) the Proprietary Programs will not, and as a result of any enhancements, improvements or modifications provided by us will not, to the best of our knowledge, infringe upon any United States patent, copyright or other proprietary right of any third party. If your use of the Proprietary Programs as provided by us is enjoined as a result of a claim by a third party of patent or copyright infringement or violation of proprietary rights, we will, in our sole discretion, either: (1) procure for you the right to continue use of the Proprietary Programs as contemplated hereunder; or (2) replace the Proprietary Programs or modify it such that there is no infringement of the third party’s rights; and such action by us will be your sole and exclusive remedy against us in such event. We do not represent or warrant to you, and expressly disclaim any warranty that the Proprietary Programs are error-free or that the operation and use of the Proprietary Programs by you will be uninterrupted or error-free. We have no obligation or liability for any expense or loss incurred by you arising from use of the Proprietary Programs in conjunction with any other computer program. Without limiting the generality of the foregoing, you are solely responsible for inputting into and configuring the Information System to accommodate information of local applicability, including state and local taxability of goods and services sold or provided in the Restaurants and state and local sales tax rates. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE DESIGNATED SOFTWARE OR ANY PORTION THEREOF, INCLUDING ANY PROGRAM DOCUMENTATION OR OTHER MATERIAL FURNISHED HEREUNDER, OR ANY COMPONENT THEREOF, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT THERETO. WE HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES.
Warranties and Limitation of Liability. Enfocus warrants for a period of 90 calendar days after delivery (the “Warranty Period”) that the Software will perform substantially in accordance with the accompanying user documentation provided that the Software is used under normal operating and maintenance conditions, as directed in the documentation, and in compliance with this Agreement. The warranties set forth in this Agreement will not apply if defects arise out of accident, neglect, misuse, failure of utilities, equipment failures, causes beyond Enfocus’ control, or use other than ordinary use for which the Software is intended. This warranty does not cover any software, hardware or materials not sold by Enfocus (the case being through a channel partner), or any combination of Enfocus Software with the same. Any modifications to the Software by any persons other than Enfocus or an authorized partner will void the warranty described in this Agreement and cause an event of default under this Agreement. In the event of a claim during the Warranty Period, Enfocus’ sole obligation will be to cause the Software to substantially conform to its documentation (to the extent technically and reasonably possible and on the condition that the error is reproducible) by amending or updating the Software or supplying an alternative version of the product in which it is embedded. In the event that Enfocus is unable to bring the Software into compliance with the warranty, You may return the Software to Enfocus and You will be entitled to recover, as Your sole and exclusive remedy, the fees paid for that non-complying Software, depreciated in accordance with standard accountancy practices. THIRD PARTY SOFTWARE, TRIAL SOFTWARE AND PRE-RELEASE SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT CONDITION OR WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EITHER EXPRESS OR IMPLIED. THE WARRANTIES AND ENFOCUS’ LIABILITY DESCRIBED IN THIS AGREEMENT ARE ENFOCUS’ EXCLUSIVE OBLIGATIONS AND YOUR EXCLUSIVE REMEDIES. THEY ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NO OTHER WARRANTIES, REMEDIES, OBLIGATIONS, LIABILITIES, RIGHTS, OR CLAIMS, WHETHER ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARE MADE OR GIVEN BY ENFOCUS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY THE SOFTWARE IS ERROR OR BUG FREE. NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, IS MADE EXCEPT AS SET FORTH IN THIS AGREEMENT. ENFOCUS EXPRESSLY DISCLAIMS (AND YOU ACKNOWLEDGE TH...
Warranties and Limitation of Liability. 6.1. The Creditsafe Service is not intended to be used as the sole basis for any decision making and is based upon data which is provided by third parties, the accuracy of which it would not be possible for Creditsafe to guarantee. Whilst Creditsafe aims always to maintain a quality, fully operative service, the Service and third party services are nonetheless provided on an "as is", as available basis without warranties of any kind, whether express or implied.
6.2. Specifically Creditsafe gives the Customer no warranty or assurance about the contents of the Service. Whilst Creditsafe does endeavour to maintain the accuracy and the quality of the Service, information contained may be incorrect or out of date. Therefore any use of the Service is at the Customer’s own risk.
6.3. Subject to clause 6.5 Creditsafe disclaims all liability in contract, negligence, for breach of statutory duty, or under any indemnity or otherwise in connection with the Service and third party service and shall not be liable for any indirect, or consequential loss. Creditsafe shall not be liable for the following types of financial loss; loss of profits, loss of earnings, loss of business or goodwill in addition to the following types of anticipated or incidental losses; loss of anticipated savings, increase in bad debt and failure to reduce bad debt.
6.4. Where any matter gives rise to a valid claim against Creditsafe its liability shall be limited to a sum equal to the sum paid for the Service supplied under this Agreement in the year the claim arises.
6.5. Nothing in this clause 6 or any other provision of this Agreement shall seek to exclude or limit liability for infringement, death, or personal injury or for breach of its obligation under s12 Sale of Goods Xxx 0000 or section 2 Supply of Goods and Services Xxx 0000 or fraudulent misrepresentation.
6.6. Each party to this Agreement warrants that it has obtained and will continue to hold all necessary licenses, consents, permits and agreements required for it to comply with its obligations under this Agreement and for the grant of rights to the other party under this Agreement.
Warranties and Limitation of Liability. 14.1. Safaricom will report any suspicious account activity to its Money Laundering Reporting Officer (MLRO). The MLRO may escalate the suspicious activity to the relevant law enforcement authority.
14.2. Safaricom shall use all reasonable efforts to ensure that all Transaction requests are processed in a timely manner. However, Safaricom makes no representations or warranties as to continuous, uninterrupted or secure access to the M- PESA service, which may be affected by factors outside Safaricom’s control, or may be subject to periodic testing, repair, maintenance or upgrades.
14.3. Safaricom will not be responsible for any claim unless caused by wilful default attributable to Safaricom. Safaricom specifically disclaims all liability for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or caused by but not limited to:
14.3.1 Transactions made to unintended recipients or payments made in incorrect amounts due to the input of incorrect information by you;
14.3.2 Transactions made from your account by an unauthorised third party who passes all identity and verification checks;
14.3.3 any fraud, deception or misrepresentations by any M- PESA Participant, whether or not the Participant has been verified,
14.3.4 any damages resulting from a recipient’s decision not to accept or record a Transaction made by you through the M-PESA system,
14.3.5 failure of any other telecommunications or data transmission system other than the M-PESA system;
14.3.6 any result of any acts of government or authority, any act of God or force majeure.
14.4. The limit of Safaricom’s liability shall not exceed the maximum Account balance limit for the time being in force for any single event or series of events.
14.5. You agree to indemnify and hold Safaricom harmless against any claim brought against Safaricom by a third party resulting from your breach of these Terms and Conditions.
Warranties and Limitation of Liability. 8.1 Nothing in this Agreement excludes or limits each parties’ liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
8.2 Subject to Clause 8.1, We will not be liable to You as follows:
8.2.1 We will not be liable for faults, Service unavailability or Service interruption in Your Customer Equipment or affecting the Services which result in Us being unable to provide the Services where this is outside of Our reasonable control. To the extent that all or any part of the Services are faulty, unavailable, or interrupted We will use reasonable endeavours to correct such faults, Service unavailability, or Service interruption.
8.2.2 We will not be liable for any losses, damages or claims relating to Your ability to use or to continue to use a particular telephone number, or for maintenance or improvement of the Service that causes disruption, where this is outside of Our reasonable control.
8.2.3 If You use the Services for business or commercial purposes, in no circumstances will We be liable to You or any third party for any losses, damages or claims, whether direct or indirect, arising from:
(a) loss of profits, revenues, or anticipated savings;
(b) loss of business or goodwill (including loss of reputation);
(c) loss of opportunity;
(d) special, indirect or consequential loss
(e) any fines, penalties or expenses; and
(f) loss, destruction or corruption of data or information.
8.2.4 We will not be liable to You for any loss or damage that was not foreseeable to You and Us at the time You entered into the Agreement with Us or that does not flow directly and naturally from Our breach.
8.2.5 In the event of a failure in the Services, We will not be liable if You direct Your traffic or Services to another service provider and for any additional costs or losses You may incur by doing so.
8.2.6 We will not be liable for any failure of performance of the Services for reasons beyond Our reasonable control, including but not limited to, those events set out in Clause 9.1, or any default or failure of a third party (including Our Third Party Operators, approved carriers, public telecommunication operators or maintainers), government actions, failure in the supply of third parties access or other events of force majeure.
8.2.7 We will not be liable for any loss, damage or claims of any kind resulting from unauthorised access to Your Billing Portal where this is...
Warranties and Limitation of Liability a. Participants hereby disclaim all implied and express warranties, conditions, and other terms, whether statutory, arising from course of dealing, or otherwise as it pertains to Public Health Information. No Participant warrants that the performance or delivery of the Public Health Information will be uninterrupted or error-free. No Participant shall be liable for any consequential, incidental, indirect, punitive, or special damages suffered by another Participant or any other third party. No Participant shall be liable for any damages arising out of or related to the acts or omissions of another Participant in accessing, disclosing or using Public Health Information.
b. Without limiting any other provision of the Agreement, each Participant and such Participant’s Authorized Users shall be solely responsible for all decisions and actions taken or not taken involving patient care, utilization management, and quality management resulting from or in any way related to the use of the Public Health Information. No Participant or Authorized User shall have any recourse against, and each shall waive any claims against, other Participants for any loss, damage, claim, or cost relating to or resulting from its own use or misuse of Public Health Information.
Warranties and Limitation of Liability. Tetra represents that it has the right to grant the license herein and warrants the Images to be free from defects in material and workmanship for thirty (30) days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the CD-ROM or Image files, or refund of the purchase price, at Tetra’s option. TETRA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TETRA SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES/FOOTAGE, OR OTHERWISE, EVEN IF TETRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. TETRA’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES/FOOTAGE (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE IMAGES/FOOTAGE. Licensee may have additional rights under state law. Although Xxxxx has attempted in all cases to correctly caption the subject matter of the Images, Tetra does not warrant the accuracy of such information.
