Web Fare Functionality Special Terms Sample Clauses

Web Fare Functionality Special Terms. TRX SHALL NOT BE LIABLE TO CLIENT FOR DAMAGES OF ANY KIND SUFFERED BY CLIENT AS A RESULT OF CLIENT’S USE OF THE WEB FARE FUNCTIONALITY PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OF INFRINGEMENT OF PROPRIETARY RIGHTS BROUGHT AGAINST CLIENT BY ANY THIRD PARTY (OTHER THAN CLAIMS OF INFRINGEMENT OR VIOLATION OF PROPRIETARY RIGHTS MADE BY THE PROVIDER OF THE WEB FARE FUNCTIONALITY TO THE EXTENT EITHER CLIENT OR TRX DOES NOT HAVE THE RIGHT TO USE SUCH WEB FARE FUNCTIONALITY); CLIENT EXPRESSLY ACKNOWLEDGES THAT IN NO EVENT SHALL TRX INDEMNIFY CLIENT FOR ANY SUCH THIRD PARTY CLAIMS WHATSOEVER. CLIENT IS AWARE THAT OPERATION OF THE WEB FARE FUNCTIONALITY IS PROVIDED BY A THIRD PARTY AND IS DEPENDENT UPON TRX’S ABILITY TO ACCESS THE PROPRIETARY INTERNET SITES OF THIRD PARTIES. IN NO EVENT SHALL TRX BE LIABLE TO CLIENT IN THE EVENT THAT A PORTION OR ALL OF THE WEB FARE FUNCTIONALITY BECOMES UNAVAILABLE TO CLIENT DUE TO CAUSES BEYOND THE CONTROL OF TRX INCLUDING, WITHOUT LIMITATION, UNAVAILABILITY CAUSED BY THE REQUEST OR ACTION OF THIRD PARTIES, TRX’S INABILITY THROUGH REASONABLE COMMERCIAL EFFORT (FUNCTIONALLY, BY FORCE OF LAW OR BY THREAT OF LEGAL ACTION) TO ACCESS CERTAIN PROPRIETARY INTERNET SITES OF THIRD PARTIES OR DOWNTIME, WHETHER OR NOT SCHEDULED, OF THIRD PARTY INTERNET SITES. IN THE EVENT OF SUCH UNAVAILABILITY, TRX SHALL HAVE THE RIGHT, IN TRX’S SOLE DISCRETION, TO SUSPEND OR TERMINATE CLIENT ACCESS TO THE WEB FARE FUNCTIONALITY, IN WHOLE OR IN PART, IMMEDIATELY AND WITHOUT PENALTY. TERMINATION OR SUSPENSION OF THE WEB FARE FUNCTIONALITY DOES NOT CONSTITUTE TERMINATION OF THIS AGREEMENT.