Disclaimer and Limitation of Liability. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.
Disclaimer and Limitation of Liability. THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULES.
Disclaimer and Limitation of Liability. 13.6.1 The Company makes no express or implied warranties, guarantees, representations or undertakings whatsoever regarding the Services/ equipment etc., unless expressly mentioned in the Contract. The Company specifically disclaims any statements indicating that the CPE shall be without any fault or damage, including faults or damages resulting from exposure to adverse environmental conditions, including excessive moisture and excessive temperatures or damage to the CPE on account of Force Majeure.
13.6.2 Subscriber availing any of the services supplied by the Company shall be at the sole risk, costs, charges and consequences of the Subscriber. Company, its affiliates, group companies, their officers, directors, employees, subcontractors, exclude all warranties, express or implied, in connection with the Services, including the use, accuracy, fitness for purpose, merchantability, completeness of the Services, suspension or cessation of the Services, any fraud, misrepresentation, negligence or loss that may be caused to the Subscriber or any third party in connection therewith. Company shall not be responsible for any deficiency in Services, delay and/or disruption in Services attributable, directly or indirectly, damage to property or person that may take place during or in connection with any Installations, any loss incurred to the Subscriber or any third party resulting from the use of the Services or any omission or, consequential or indirect damages or losses. The liability of the Company will be limited to only proven direct damages or losses incurred by the Subscriber or any third party and the Company’s liability shall not exceed the Subscription Fee paid by the Subscriber for the Service in the six (6) months immediately preceding the specific event that gave rise to such damage or loss.
13.6.3 Company shall not be liable to the Subscriber and/or any person, firm, body corporate claiming through, under or in trust for the Subscriber and the Subscriber hereby waives all claims/actions of any delays or losses, including, but not limited to, loss of business, profit, revenue or goodwill demands fees, cost expenses, order judgment, etc. or any direct, incidental or consequential losses arising out of any delays, interruption, errors of defects, or failure to provide any part of the DTH Services including, without limitation, in the event that such error, interruption or delay arises in connection with any of the following: (i) the termination or Compa...
Disclaimer and Limitation of Liability. 7.1. The information being provided is provided “As Is”. Neither RealInfo nor its affiliates (hereinafter "RealInfo"), nor its suppliers make any warranty, and each of them disclaims any liability, with respect to—
(a) the accuracy, completeness or currentness of any data found in or through the RealInfo system, or
(b) system performance levels, including but not limited to resource utilization, response time or overhead, or
(c) ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7.2. RealInfo will not be liable for delay in delivery or performance, and is excused from any failure to deliver or perform, due to causes beyond its reasonable control.
7.3. THE SOLE AND ENTIRE MAXIMUM LIABILITY OF RealInfo TO ANY CUSTOMER FOR ANY AND ALL PROVEN LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, WILL CONSIST OF A DUTY TO REFUND NOT MORE THAN THE AMOUNTS PAID BY THE CUSTOMER TO RealInfo DURING THE YEAR PRECEDING SUCH LOSS, CLAIM, DAMAGE OR LIABILITY.
7.4. IN NO EVENT WILL RealInfo BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. NO SUPPLIER OF DATA OR PROGRAMS Will HAVE ANY LIABILITY TO, OR THROUGH, CUSTOMER FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
7.5. Customer, by signing the product schedule or accessing the RealInfo system, (a) accepts the use of the system (including programs and data) "AS IS"; and (bwaives any and all claims relating thereto, whether such claims are against RealInfo or any of its suppliers.
Disclaimer and Limitation of Liability. 6.1 Although we have no reason to believe that any information contained within TTRS, including our Site and/or Apps, is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep the Site or Apps updated.
6.2 We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in the Site or Apps. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the Site and Apps will be uninterrupted, without delay, error-free, omission-free, or free of viruses. The Content is provided "as is" without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.
6.3 Neither we, nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, howsoever arising (whether in negligence or otherwise) in connection with Users' use of, and/or access to, TTRS, the Site, the Apps, the Content, or any omissions from the Content, save where legislation states otherwise.
Disclaimer and Limitation of Liability. A copy of each Trust’s Agreement and Declaration of Trust of the Trust is on file with the Secretary of the Commonwealth of Massachusetts, and notice is hereby given that this instrument is executed on behalf of the Board of Trustees of the Trust as Trustees and not individually and that the obligations of this instrument are not binding upon any of the Trustees of shareholders individually but are binding upon the assets and property of the Trust; provided, however, that the Agreement and Declaration of Trust of the Trust provides that the assets of a particular series of the Trust shall under no circumstances be charged with liabilities attributable to any other series of the Trust and that all persons extending credit to, or contracting with or having any claim against a particular series of the Trust shall look only to the assets of that particular series for payment of such credit, contract or claim.
Disclaimer and Limitation of Liability. 10.1 The Parties hereto agree that ANSI shall not be held liable for any business expense, machine downtime or damages caused by any deficiency, defect or error in the Service or malfunction thereof and in no event shall ANSI be liable to the USER / MERCHANT for any consequential or incidental damages, including but not limited to loss of profits, loss of turnover and/or loss of data.
10.2 The Parties hereby agree that ANSI shall not be held liable in any manner whatsoever in the event there is a dispute between the USER / MERCHANT and any of the Customers, unless it can be reasonably proven by the USER / MERCHANT that such dispute arose, directly or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by ANSI in the provision of the Service under this Agreement.
10.3 The USER / MERCHANT shall not hold ANSI, its holding company, subsidiaries, employees and its suppliers liable in any way for any losses or liabilities arising directly and solely from the fault of the USER / MERCHANT or authorised third parties directly relates to the USER / MERCHANT in connection with the use of or access to the Service.
Disclaimer and Limitation of Liability. 3.1 While we make reasonable efforts to provide the Mobile App, you acknowledge that the Mobile App may not be available for use at all times, and is subject to (but without limitation to) interruption, failure of hardware or software, errors, transmission blackouts, delayed transmissions due to internet traffic or incorrect data transmission due to the public nature of the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasons. We will not be liable for any failure to provide those services, in part or in full, due to any abnormal and unforeseen circumstances beyond our control and the consequences of which would have been unavoidable despite all efforts to the contrary.
3.2 We are not liable for any loss, damage or expense of any kind incurred or suffered by you arising from or in connection with your use of or inability to use the Mobile App, unless it is caused by the gross negligence or wilful default on our part or on the part of our employees or agents.
3.3 Your use of the Mobile App is wholly at your own risk. The Mobile App is provided on an "as is" basis with no representation, guarantee or agreement of any kind as to its functionality.
3.4 The biometric identity sensor module on your mobile device is not provided by us. We are not responsible for the biometric identity sensor technology. We do not give any warranty, whether express or implied, of any kind including any warranty of quality, accuracy or performance, fitness for a particular purpose, title or non-infringement of any rights.
3.5 The Mobile App may provide a range of information. You acknowledge that such information has not been investigated, verified, monitored or endorsed by us. We do not warrant the accuracy, reliability, timeliness, completeness or correct sequencing of the information nor bear any liability for any loss arising from any inaccuracy, omission or incompleteness of the information, regardless of whether the information is provided by us or a third party.
3.6 We do not represent or warrant that viruses or other destructive properties will not be transmitted or that your device will not be damaged during your use of the Mobile App. You are solely responsible for ensuring adequate protection and back-up of the mobile device and/or any data within such device, taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties and to prevent the transmission of such computer viruses o...
Disclaimer and Limitation of Liability. Notwithstanding anything else in this Agreement, in no event shall Tesla be liable to supplier or to any other person or entity with respect to any subject matter of this Agreement, under any equity, common law, tort, contract, estoppel, negligence, strict liability or other theory, for any (a) incidental, special, punitive, consequential or indirect damages or (b) damages resulting from loss of sale, business, profits, data, opportunity or goodwill, even if the remedies provided for in this Agreement fail of their essential purpose and even if Tesla has been advised of the possibility of any of the foregoing damages.
Disclaimer and Limitation of Liability. SEGWAY AND OTHER SEGWAY PARTIES DO NOT ASSUME, OR AUTHORIZE ANYONE TO ASSUME ON ITS BEHALF, ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICES, REPAIR, OR THIS LIMITED WARRANTY.
