Common use of Additional Limitation of Liability Clause in Contracts

Additional Limitation of Liability. WPCU AND ITS SERVICE PROVIDERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. WE RESERVE THE RIGHT TO DISCONTINUE ANY OR ALL ELECTRONIC SERVICES WITHOUT PRIOR NOTICE TO YOU. IN NO EVENT WILL WE, OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR SERVICE PROVIDERS, BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN OUR WEBSITE OR MOBILE APPLICATION, ANY INCOMPATIBILITY BETWEEN OUR WEBSITE/MOBILE APPLICATION AND YOUR FILES AND BROWSER, ANY LOSS OR DAMAGES INCURRED BY YOU BY THE TRANSMISSION OF YOUR PASSWORD, PIN, ACCESS CODE OR DEVICE OR OTHER PERSONAL INFORMATION BY YOU OR ANYONE BESIDES WPCU, OR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND OUR REASONABLE CONTROL. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO YOU REQUIRED BY APPLICABLE LAWS AND REGULATIONS. UNDER NO CIRCUMSTANCES WILL WPCU OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE ELECTRONIC SERVICES OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WPCU HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. BY IDENTIFYING SPECIFIC DEVICE, HARDWARE, OR SOFTWARE REQUIREMENTS FOR USE WITH THE ELECTRONIC SERVICES, WPCU, ITS AFFILIATES, AND SERVICE PROVIDERS DO NOT RECOMMEND, ENDORSE OR MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE PERFORMANCE OR OPERATION OF SUCH DEVICE, HARDWARE, OR SOFTWARE OR THE PERFORMANCE OR OPERATION OF THE ELECTRONIC SERVICES THEREON. YOU ARE RESPONSIBLE FOR THE SELECTION OF YOUR DEVICE, HARDWARE, AND SOFTWARE, AND FOR ALL ISSUES RELATING TO THE PERFORMANCE, OPERATION, AND COSTS ASSOCIATED THEREWITH.

Additional Limitation of Liability. WPCU AND ITS SERVICE PROVIDERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS SOFTWARE, PRODUCTS, SERVICES, SITE, CONTENT AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR SERVICES DESCRIBED HEREIN A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PAYSIMPLE AND RESELLER SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. PAYSIMPLE AND RESELLER DO NOT REPRESENT OR WARRANT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. PAYSIMPLE AND RESELLER ARE UNDER NO OBLIGATION TO UPDATE THE SITE, THE SERVICE OR THE CONTENT. PAYSIMPLE MAY CHANGE THE SITE, THE SERVICE OR THE CONTENT, OR MAY MAKE IMPROVEMENTS OR CHANGES THERETO, AT ANY TIME WITHOUT PRIOR NOTICE TO NOTICE. YOU AND WITHOUT ANY LIABILITY TO YOU. WE RESERVE THE RIGHT TO DISCONTINUE ANY OR ALL ELECTRONIC SERVICES WITHOUT PRIOR NOTICE TO YOU. IN NO EVENT WILL WEAGREE THAT NEITHER PAYSIMPLE, OR RESELLER NOR ANY OF OUR SUBSIDIARIES OR THEIR AFFILIATES, AGENTS, OFFICERS, DIRECTORS OR SERVICE PROVIDERSEMPLOYEES, WILL BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN OUR WEBSITE OR MOBILE APPLICATION, ANY INCOMPATIBILITY BETWEEN OUR WEBSITE/MOBILE APPLICATION AND YOUR FILES AND BROWSER, ANY LOSS OR DAMAGES INCURRED BY YOU BY THE TRANSMISSION OF YOUR PASSWORD, PIN, ACCESS CODE OR DEVICE OR OTHER PERSONAL INFORMATION BY YOU OR ANYONE BESIDES WPCU, OR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND OUR REASONABLE CONTROL. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO YOU REQUIRED BY APPLICABLE LAWS AND REGULATIONS. UNDER NO CIRCUMSTANCES WILL WPCU OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE ELECTRONIC SERVICES OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WPCU HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTIONLIABLE, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCESTRICT LIABILITY OR OTHERWISE, STRICT LIABILITYFOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF, OR OTHERWISE. BY IDENTIFYING SPECIFIC DEVICEIN CONNECTION WITH, HARDWARETHE USE OF THE SITE, THE SERVICE, THE CONTENT OR A LINKED SITE, OR SOFTWARE REQUIREMENTS FOR USE WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF PAYSIMPLE, RESELLER OR ANY SUCH AFFILIATE, AGENT, OFFICER, DIRECTOR OR EMPLOYEE IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, WITHOUT LIMITATION, THE TRANSMISSION OF ANY VIRUSES THAT MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC SERVICESEQUIPMENT OR COMMUNICATION LINES, WPCUTELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), ITS UNAUTHORIZED ACCESS, THEFT, DATA LOSS, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE. PAYSIMPLE CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, THE SERVICE OR THE CONTENT. THE MAXIMUM AGGREGATE LIABILITY OF PAYSIMPLE, RESELLER AND THEIR AFFILIATES, AGENTS, OFFICERS, DIRECTORS AND SERVICE PROVIDERS DO NOT RECOMMENDEMPLOYEES, ENDORSE OR MAKE ANY REPRESENTATION OR WARRANTY WILL BE THE GREATER OF ANY KIND REGARDING (A) TWENTY DOLLARS ($20) AND (B) THE PERFORMANCE OR OPERATION OF SUCH DEVICE, HARDWARE, OR SOFTWARE OR THE PERFORMANCE OR OPERATION AMOUNT OF THE ELECTRONIC SERVICES THEREON. YOU ARE RESPONSIBLE FOR MONTHLY SUBSCRIPTION FEES PAID PURSUANT TO SECTION 9 HEREOF IN THE SELECTION OF YOUR DEVICE, HARDWARE, AND SOFTWARE, AND FOR ALL ISSUES RELATING TWO (2) MONTHS PRIOR TO THE PERFORMANCE, OPERATION, AND COSTS ASSOCIATED THEREWITHEVENT(S) GIVING RISE TO THE CLAIM.