Disclaimers and Limitations of Liability. THE SERVICES AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- INFRINGEMENT. RDLB, INC. SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Disclaimers and Limitations of Liability. NO WARRANTIES -The Trustee hereby expressly disclaims any express or implied warranties of the software program, computer equipment or computer, and User hereby expressly assumes all risk related to the user and access provided under this Agreement.
Disclaimers and Limitations of Liability. A. Neither Intercontinental nor ICE Futures Canada:
1. Guarantee the sequence, timeliness, accuracy or completeness of any of its data;
2. Guarantee the accuracy or completeness of the API Software or the API Documentation;
3. Guarantee that all third party vendors with access to the API for the purposes of interfacing with the Simulation Environment and/or the Platform will have the same access rights;
4. Guarantee uninterrupted use of the Simulation Environment or the Platform to the Company; and/or
5. Make any representations or warranties, express or implied, including, without limitation, implied warranties or warranties of title, non-infringement, merchantability, and quality or fitness for a particular purpose. No oral or written information or advice given by Intercontinental or ICE Futures Canada shall create a warranty and the Company may not rely upon such information or advice.
B. In relation to all and any claim or claims which the Company has or may have against Intercontinental and/or ICE Futures Canada, the following shall apply in relation to any and all claims arising or which the Company has or may have against the Intercontinental or ICE Futures Canada in connection with the API Materials or pursuant to or in connection with this Agreement:
1. NEITHER INTERCONTINENTAL NOR ICE FUTURES CANADA SHALL BE LIABLE IN ANY WAY TO THE COMPANY OR TO ANY OTHER PERSON OR ENTITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, OR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM:
(A) ANY FAULTS WITH THE API OR API SOFTWARE, HOWEVER THOSE FAULTS MAY ARISE SAVE WHERE THE FAULT OR FAULTS WHICH HAVE GIVEN RISE TO SUCH LOSS OR LOSSES SHALL HAVE BEEN CAUSED BY AN ACT OR OMISSION OR SERIES OF ACTS OR OMISSIONS BY INTERCONTINENTAL AND/OR ICE FUTURES CANADA, AND ANY, OR ALL OF ITS OR THEIR OFFICERS, DIRECTORS, PARTICIPANTS, EMPLOYEES, AGENTS, CONSULTANTS OR LICENSORS, WHICH ACT OR OMISSION OR SERIES OF ACTS OR OMISSIONS AMOUNTS TO GROSS NEGLIGENCE;
(B) THE SUSPENSION, TERMINATION OR INABILITY TO ACCESS OR USE THE API OR API SOFTWARE OR ANY INACCURACIES OR OMISSIONS IN ANY INFORMATION PROVIDED, HOWEVER SUCH SUSPENSIONS, TERMINATIONS, MALFUNCTIONS, INACCURACIES OR OMISSIONS MAY ARISE;
(C) ANY FAILURE OR DELAY SUFFERED BY THE COMPANY OR ANY ICE FUTURES CANADA MARKET PARTICIPANT OR OTHER PERSON THAT RECEIVES ACCESS TO THE PLATFORM THROUGH THE COMPANY'S DAI;
(D) ANY OTHER CAUSE IN CONN...
Disclaimers and Limitations of Liability. The Services are Available "AS-IS" Limitation of Liability
Disclaimers and Limitations of Liability. A. NO WARRANTIES – TRUSTEE hereby expressly disclaims any express or implied warranties of the software program, computer equipment or computer, and USER hereby expressly assumes all risk related to the use and access provided under this Agreement.
Disclaimers and Limitations of Liability. 6.1. THE WEBSITE OWNER DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY.
6.2. The Website is provided on an "AS IS," "as available" basis. We do not warrant that your use of the Website will be uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the content provided on the Website. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Website is at your sole risk.
6.3. Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained at the Website, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Website.
6.4. THE TOKENS MAY HAVE NO VALUE. THE USER MAY LOSE ALL AMOUNTS PAID. Any and all purchases of the Tokens are final and non-refundable. By purchasing the Tokens, the User acknowledges that neither Website Owner nor any other of its affiliates are required to provide a refund for any reason, and that the User will not receive money or other compensation for any Tokens that are not used or remains unused for any reason.
6.5. The User expressly acknowledges, understands and agrees that the User is purchasing the Tokens at the User’s sole risk and that the Tokens are provided, used and acquired on an “AS IS” and on an “AS AVAILABLE” basis without representations, warranties, ...
Disclaimers and Limitations of Liability. A. No Warranties - The Trustee hereby disclaims any expressed or implied warranties of 13Network and the Chapter 13 Data, and User hereby expressly assumes all risk related to the use and access of 13Network provided under this Agreement.
Disclaimers and Limitations of Liability. The following sections in this Agreement: Warranty Exclusions, Damages Exclusion, and Liability Cap apply to Your use of the Marketplace only and do not alter or limit the disclaimers or limitations of liability or any rights You have in respect of any for UiPath Products or Partner Products, as set out in the UiPath Terms or in the Partner Terms (as applicable), which continue to fully apply.
Disclaimers and Limitations of Liability. User understands and acknowledges that the information to which access is provided is comprised of data from the Trustee's computerized database that has been transferred to an internet site, in general, one to four business days from the close of business on any given business day, and does not, therefore, represent the most timely or complete information available to the Trustee. The information has, in many cases, been provided to the Trustee by third parties and/or has not been audited or verified by the Trustee's staff, does not necessarily reflect all work in process by the Trustee's staff with respect to any particular case, and may not reflect the most current information that has been received by the Trustee or filed with the Bankruptcy Court. The data and information available in the Trustee's records is as current as possible, depending on work flow, holidays, weekends, restraints on the Trustee, and any elements or factors outside of the Trustee's control.
Disclaimers and Limitations of Liability. EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY STATED ABOVE, THE SERVICE, CONTENT, THE 3PL CENTRAL API, AND THE 3PL CENTRAL TRADEMARKS ARE PROVIDED “AS-IS”. 3PL CENTRAL MAKES NO WARRANTIES HEREUNDER, AND 3PL CENTRAL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, 3PL CENTRAL EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES (EXPRESS OR IMPLIED) THAT (1) USE OF ANY SERVICES OR CONTENT WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR- FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (2) THE SERVICES OR CONTENT WILL MEET ANY REQUIREMENTS OR EXPECTATIONS, (3) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (4) ANY ERRORS OR DEFECTS IN THE SERVICES OR CONTENT WILL BE CORRECTED, OR (5) THE SERVICES OR THE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
