Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RA...
Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the e-statements provided to you under the Agreement. We do not and cannot warrant that the e-statement service will operate without error, or that e-statement service will be available at all times. Except as specifically provided in this Agreement, or otherwise required by Law, you agree that our officers, directors, employees, agents, or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under the Agreement or by reason of your use of the e-statement service, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory. Mutual Savings Credit Union makes no warranty that: o The service will be uninterrupted, timely, secure or error-free o The service will meet your requirements o The results that may be obtained from the use of the service will be accurate or reliable o The quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations o Any errors in the software will be corrected Mutual Savings Credit Union shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use data or other intangible losses resulting from: o The use or the inability to use the service o The cost of procurement of substitute goods and services resulting from any goods, data information or services purchased from the service o Unauthorized access to your transmission o Unauthorized alteration of your data o Statements or conduct of the third party service provider o Any other matter relating to the service Mutual Savings Credit Union cannot control information on other websites. We are not responsible for the content or privacy of websites linked from Mutual Savings Credit Union’s websites. Please review the privacy policy of the service provider.
Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Online Banking services provided to you under this Agreement. We do not and cannot warrant that Online Banking will operate without errors, or that any or all Online Banking services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to Online Banking; including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of FSB and its affiliates exceed the amounts paid by you for the services provided to you through Online Banking.
Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the System services provided to you under this Agreement. We do not and cannot warrant that System will operate without errors, or that any or all System services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to System, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Credit Union and its affiliates exceed the amounts paid by you for the services provided to you through System.
Disclaimer of Warranty and Limitation of Liability. The Licensed EMIP is provided to, and is accepted by, Licensee ‘AS IS’ without warranty of any kind. Philips expressly disclaims any and all warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that all problems in the Designated Equipment(s) will be diagnosed or corrected with the use of the EMIP, or that the EMIP is error free. Except as otherwise prohibited by law, Licensee agrees to indemnify and hold Philips, harmless from any claims, losses, liabilities, damages, costs, penalties, fines and expenses, including, without limitation, reasonable attorneys’ fees, brought against, or suffered by, Philips arising directly or indirectly as a result of the use of the Licensed EMIP, or properly maintain the Designated Equipment, by Licensee, except to the extent damage arise from the negligent act or omission of Xxxxxxx.XX NO EVENT SHALL PHILIPS, OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR DAMAGE TO REPUTATION) IRRESPECTIVE OF WHETHER SUCH DAMAGES RESULT FROM CLAIMS BASED ON TORT (INCLUDING NEGLIGENCE), WARRANTY, CONTRACT, INDEMNITY, OR ANY OTHER LEGAL THEORY, EVEN IF PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Philips’ total liability, if any, is limited to an amount not to exceed the License Fee payable for the Licensed EMIP that is the basis for the claim. THIS LIMITATION SHALL NOT APPLY TO THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY PHILIPS’ NEGLIGENCE.
Disclaimer of Warranty and Limitation of Liability. The provisions of this Part are in addition to the other liability provisions specifically mentioned throughout this Agreement and those specifically stated in the Membership Agreement and the applicable account disclosure statements and shall survive the termination of this Agreement. DFFCU makes no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Services provided to you under this Agreement. We do not and cannot warrant that the Services will operate without errors. Except as provided in this Agreement or otherwise required by law, you agree that DFFCU’s officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by any Services or products provided under this Agreement or by reason of your use of the Services. DFFCU shall be responsible only for performing the Services expressly provided for in this Agreement and shall be liable only for its negligent acts in performing those Services. DFFCU shall not be liable for your acts or omissions, including but not limited to the amount, accuracy, or timeliness of transmittal, or those of any person, including but not limited to any Federal Reserve Financial Institution or transmission or communications facility and no such person shall be deemed DFFCU’s agent. You agree to indemnify DFFCU against any claims, damages, loss liability, or expense, including attorney’s fees and expense, resulting from or arising out of any claim of any person that DFFCU is responsible for your act or omission or the act or omission of any other person described in this paragraph. In no event shall DFFCU be liable for any consequential, special, punitive or indirect loss or damage which you may incur or suffer in connection with this Agreement, including but not limited to loss or damage from subsequent wrongful dishonor resulting from DFFCU’s acts or omissions pursuant to this Agreement. DFFCU shall not be liable for failing to act or from delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions, or other circumstances beyond the Credit Union’s control. In addition, DFFCU shall not be liable for failing to transmit or delay in transmitting a deposit if such transmittal would result in DFFCU violating any provision of any present or fu...
Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the electronic notices or documents provided to you under this Agreement. We do not and cannot warrant that electronic notices and documents will operate without error, or that electronic notices and documents will be available at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of electronic notices or documents, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory. Further, in no event shall the liability of the Bank and its affiliates exceed the amounts paid by you for the services provided to you through electronic notices and documents. Communications Between the Bank and You Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways: Telephone: 000-000-0000 Email: xxxxxxx@xxxxxxxxxxxxxxx.xxx Postal Mail: 2002 NE Xxxxxx Xxxxxx Xxxx Xx. Blvd., Portland, OR 97212. In Person at a Branch Office Multiple Access Devices Your acceptance of this agreement on one Access Device constitutes your acceptance on all Access Devices you use. For example, if you view and accept this agreement on a traditional computer, the terms of this Agreement will apply to electronic documents accessed on a mobile device (or vice versa). Additionally, by viewing and accepting this agreement on any Access Device, you are reasonably demonstrating your ability to access and view electronic documents in the format that the services are provided on that Access Device and all subsequent Access Devices. If you change Access Devices (or use multiple Access Devices), it is your responsibility to ensure that the new Access Device meets the applicable system requirements and that you are still able to access and view electronic documents on the subsequent Access Device. Please contact us at 0-000-000-0000 if you have difficulties accessing or viewing electronic documents on your selected Access Device.
Disclaimer of Warranty and Limitation of Liability. 8.1. Except as expressly set forth above and to the maximum extent permitted by applicable law, eToro makes no warranty of any kind, express, implied or statutory, regarding the Trading Platform, and all such warranties, including, without limitation, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by eToro. The Affiliate acknowledges that eToro has not represented or warranted that the Trading Platform will be uninterrupted, error free, without delay or without compromise of the security systems and features therein and appurtenant thereto. No representations or warranties of any kind are made by eToro with regards to any services provided by any wireless carrier or authorized distributor.
Disclaimer of Warranty and Limitation of Liability. 13.1 Except as specifically provided in these terms, or otherwise required by law, the Customer agrees that the Bank’s officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement, including loss of profits, revenue, data or use by the Customer or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory.
Disclaimer of Warranty and Limitation of Liability a. THE SERVICES ARE PROVIDED “AS IS” AND XXXXX’X EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. THE SERVICES WILL BE CONSTRUED BY CLIENT SOLELY AS STATEMENTS OF OPINION AND NOT STATEMENTS OF FACT.
