Disclaimer and Limitation of Liability. 6.1 THE BIZAPP IS PROVIDED ON “AS IS” AND AS AVAILABLE” BASIS”. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BIZAPP (MOBILE APP OR WEBSITE) AND SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BIZAPPAY ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR APP OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS OR DOWNTIME OR MALFUNCTION. 6.2 WE WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENT AL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF TURNOVER, LOSS OF DATA, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), WHETHER OR NOT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6.3 The Parties hereto agree that ▇▇▇▇ 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 ▇▇▇▇ be liable to the USER for any consequential or incidental damages, including but not limited to loss of profits, loss of turnover and/or loss of data. 6.4 The Parties hereby agree that ▇▇▇▇ shall not be held liable in any manner whatsoever in the event there is a dispute between the USER and any of the Customers, unless it can be reasonably proven by the USER that such dispute arose, directly or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by ▇▇▇▇ in the provision of the Service under this Agreement. 6.5 The USER shall not hold ▇▇▇▇, 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 or authorised third parties directly relates to the USER in connection with the use of or access to the Service.
Appears in 1 contract
Sources: User Agreement
Disclaimer and Limitation of Liability. 6.1 7.1 To the full extent permitted by applicable law Alipay shall only be liable for the obligations expressly set forth in this Agreement.
7.2 You agree that all disputes from the Online Transaction shall be a matter solely between you and your counterparty.
7.3 Users’ information is provided by the Users themselves. Alipay makes no representation or warranty with respect to the accuracy, truthfulness and completeness of the Users’ information. You will be solely responsible for all consequences resulting from your own judgment and decision to use or otherwise rely on such information.
7.4 Except as expressly provided in this Agreement and to the full extent permitted by applicable law, Alipay makes no warranty regarding the Alipay Services or any products or services supplied by the Corporate Sellers under any Online Transaction, including:
(a) the Alipay Services meeting your requirements;
(b) the Alipay Services being uninterrupted, timely or error free; or
(c) any products, information, materials or services obtained by you in connection with the Alipay Services meeting your requirements.
7.5 Any information, proposal or materials that you may obtain from the Alipay Indemnified Persons or through the use of the Alipay Services, whether in writing or oral, shall not constitute Alipay’s warranty regarding the Alipay Services.
7.6 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE BIZAPP IS FULL EXTENT PERMITTED BY APPLICABLE LAW THE ALIPAY SERVICES ARE PROVIDED ON “AN "AS IS” AND ", "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS”. WE MAKE NO ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS, WHETHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BIZAPP (MOBILE APP OR WEBSITE) AND SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THEREINIMPLIED, ANY IMPLIED WARRANTIES OF BIZAPPAY ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY HEREBY DISCLAIMED AND EXCLUDED. IN ADDITION.
7.7 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR APP OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL ALIPAY INDEMNIFIED PERSONS SHALL NOT BE LIABLE FOR THE CONSEQUENCES ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF ANY INTERRUPTIONS PROFITS OR ERRORS REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA OR DOWNTIME OR MALFUNCTION.
6.2 WE WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER LOSS OF THIS AGREEMENT OTHER ECONOMIC INTERESTS, WHETHER BASED IN CONTRACT, NEGLIGENCE, TORTTORT OR OTHERWISE, STRICT ARISING FROM THE USE OF OR INABILITY TO USE THE ALIPAY SERVICES.
7.8 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENT AL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF TURNOVER, LOSS OF DATA, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), WHETHER OR NOT HAVE BEEN ADVISED OF THE POSSIBILITY OF ALIPAY INDEMNIFIED PERSONS ARISING FROM THE ALIPAY SERVICES IN CONNECTION WITH ANY ONLINE TRANSACTION SHALL NOT EXCEED THE TOTAL REMUNERATION THAT ALIPAY MAY DERIVE FROM SUCH DAMAGESTRANSACTION.
6.3 The Parties hereto 7.9 By using the Alipay Services, you acknowledge and agree that ▇▇▇▇▇▇ shall is not be held liable for any business expense, machine downtime or damages caused by any deficiency, defect or error in a bank and the Service or malfunction thereof and Alipay Services should in no event shall way be construed as the provision of banking services. ▇▇▇▇▇▇ be liable is not acting as a trustee, fiduciary or escrow with respect to a User’s funds and it does not have control of, nor liability for, the USER products or services that are paid for with the Alipay Services. Alipay does not guarantee the identity of any User or ensure that a Buyer or a Corporate Seller will complete a transaction on the Platform Sites.
7.10 Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential or incidental damages, including but so the foregoing exclusions or limitations may not limited apply to loss of profits, loss of turnover and/or loss of datayou. You may also have other rights that vary by jurisdiction and other jurisdictions.
6.4 The Parties hereby agree that ▇▇▇▇ shall not be held liable in any manner whatsoever in the event there is 7.11 If you have a dispute between with any other party, you release the USER Alipay Indemnified Persons from claims, demands and any damages (actual and consequential) of the Customersevery kind and nature, unless it can be reasonably proven by the USER that such dispute aroseknown and unknown, directly arising out of or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by ▇▇▇▇ in the provision of the Service under this Agreement.
6.5 The USER shall not hold ▇▇▇▇, its holding company, subsidiaries, employees and its suppliers liable in any way for any losses connected with such disputes. If you are a California resident, you agree to waive California Civil Code Section 1542, which states, in part: “A general release does not extend to claims which a creditor does not know or liabilities arising directly and solely from suspect to exist in his or her favor at the fault time of executing the USER release, which if not known by him or authorised third parties directly relates to the USER in connection her must have materially affected his or her settlement with the use of or access to the Servicedebtor.”
Appears in 1 contract
Disclaimer and Limitation of Liability. 6.1 THE BIZAPP IS PROVIDED ON 7.1. The information being provided is provided “AS IS” AND AS AVAILABLE” BASISAs Is”. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BIZAPP Neither RealInfo nor its affiliates (MOBILE APP OR WEBSITE) AND SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BIZAPPAY ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR APP OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS OR DOWNTIME OR MALFUNCTION.
6.2 WE WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENT AL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF TURNOVER, LOSS OF DATA, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESShereinafter "RealInfo"), WHETHER OR NOT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.nor its suppliers make any warranty, and each of them disclaims any liability, with respect to—
6.3 The Parties hereto agree that ▇▇▇▇ shall not be held liable for (a) the accuracy, completeness or currentness of any business expensedata found in or through the RealInfo system, machine downtime or damages caused by any deficiency, defect or error in the Service or malfunction thereof and in no event shall ▇▇▇▇ be liable to the USER for any consequential or incidental damagesor
(b) system performance levels, including but not limited to loss of profitsresource utilization, loss of turnover and/or loss of dataresponse 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.
6.4 The Parties hereby agree that ▇▇▇▇ shall 7.2. RealInfo will not be held liable for delay in delivery or performance, and is excused from any manner whatsoever in the event there is a dispute between the USER and any of the Customersfailure to deliver or perform, unless it can be reasonably proven by the USER that such dispute arose, directly or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by ▇▇▇▇ in the provision of the Service under this Agreementdue to causes beyond its reasonable control.
6.5 The USER shall not hold ▇▇▇▇7.3. THE SOLE AND ENTIRE MAXIMUM LIABILITY OF RealInfo TO ANY CUSTOMER FOR ANY AND ALL PROVEN LOSS, its holding companyCLAIM, subsidiariesDAMAGE OR LIABILITY OF ANY KIND, employees and its suppliers liable in any way for any losses 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 liabilities arising directly and solely from accessing the fault of the USER or authorised third parties directly relates to the USER in connection with 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 access to the Serviceany of its suppliers.
Appears in 1 contract
Sources: Subscription Agreement
Disclaimer and Limitation of Liability. 6.1 7.1 To the full extent permitted by applicable law Alipay shall only be liable for the obligations expressly set forth in this Agreement.
7.2 You agree that all disputes from the Online Transaction shall be a matter solely between you and your counterparty.
7.3 Users’ information is provided by the Users themselves. Alipay makes no representation or warranty with respect to the accuracy, truthfulness and completeness of the Users’ information. You will be solely responsible for all consequences resulting from your own judgment and decision to use or otherwise rely on such information.
7.4 Except as expressly provided in this Agreement and to the full extent permitted by applicable law, Alipay makes no warranty regarding the Alipay Services or any products or services supplied by the Individual Sellers under any Online Transaction, including:
(a) the Alipay Services meeting your requirements;
(b) the Alipay Services being uninterrupted, timely or error free; or
(c) any products, information, materials or services obtained by you in connection with the Alipay Services meeting your requirements.
7.5 Any information, proposal or materials that you may obtain from the Alipay Indemnified Persons or through the use of the Alipay Services, whether in writing or oral, shall not constitute Alipay’s warranty regarding the Alipay Services.
7.6 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE BIZAPP IS FULL EXTENT PERMITTED BY APPLICABLE LAW THE ALIPAY SERVICES ARE PROVIDED ON “AN "AS IS” AND ", "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS”. WE MAKE NO ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS, WHETHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BIZAPP (MOBILE APP OR WEBSITE) AND SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THEREINIMPLIED, ANY IMPLIED WARRANTIES OF BIZAPPAY ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY HEREBY DISCLAIMED AND EXCLUDED. IN ADDITION.
7.7 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR APP OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL ALIPAY INDEMNIFIED PERSONS SHALL NOT BE LIABLE FOR THE CONSEQUENCES ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF ANY INTERRUPTIONS PROFITS OR ERRORS REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA OR DOWNTIME OR MALFUNCTION.
6.2 WE WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER LOSS OF THIS AGREEMENT OTHER ECONOMIC INTERESTS, WHETHER BASED IN CONTRACT, NEGLIGENCE, TORTTORT OR OTHERWISE, STRICT ARISING FROM THE USE OF OR INABILITY TO USE THE ALIPAY SERVICES.
7.8 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENT AL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF TURNOVER, LOSS OF DATA, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), WHETHER OR NOT HAVE BEEN ADVISED OF THE POSSIBILITY OF ALIPAY INDEMNIFIED PERSONS ARISING FROM THE ALIPAY SERVICES IN CONNECTION WITH ANY ONLINE TRANSACTION SHALL NOT EXCEED THE TOTAL REMUNERATION THAT ALIPAY MAY DERIVE FROM SUCH DAMAGESTRANSACTION.
6.3 The Parties hereto 7.9 By using the Alipay Services, you acknowledge and agree that ▇▇▇▇ 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 ▇▇▇▇ is not a bank and the Alipay Services should in no way be liable to the USER for any consequential or incidental damages, including but not limited to loss of profits, loss of turnover and/or loss of data.
6.4 The Parties hereby agree that ▇▇▇▇ shall not be held liable in any manner whatsoever in the event there is a dispute between the USER and any of the Customers, unless it can be reasonably proven by the USER that such dispute arose, directly or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by ▇▇▇▇ in construed as the provision of banking services. Alipay is not acting as a trustee, fiduciary or escrow with respect to a User’s funds and it does not have control of, nor liability for, the Service under this Agreementproducts or services that are paid for with the Alipay Services. Alipay does not guarantee the identity of any User or ensure that a Buyer or an Individual Seller will complete a transaction on the Platform Sites.
6.5 The USER shall 7.10 Some jurisdictions do not hold ▇▇▇▇allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, its holding companyso the foregoing exclusions or limitations may not apply to you. You may also have other rights that vary by jurisdiction and other jurisdictions.
7.11 If you have a dispute with any other party, subsidiariesyou release the Alipay Indemnified Persons from claims, employees demands and its suppliers liable damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way for any losses connected with such disputes. If you are a California resident, you agree to waive California Civil Code Section 1542, which states, in part: “A general release does not extend to claims which a creditor does not know or liabilities arising directly and solely from suspect to exist in his or her favor at the fault time of executing the USER release, which if not known by him or authorised third parties directly relates to the USER in connection her must have materially affected his or her settlement with the use of or access to the Servicedebtor.”
Appears in 1 contract
Sources: Money Transfer Services Agreement
Disclaimer and Limitation of Liability. 6.1 All information provided on the Site (the "Information") is subject to change without notice. While efforts have been made to make the Site helpful and accurate, we do not warrant that the Information is accurate, free of typographical errors, complete, or reliable, and you acknowledge that reliance on Information is at your sole risk. We do not warrant that use of the Site or use of any Content downloaded from the Site will be virus-free or free of disruptive or destructive files. We do not make any representation that any content or use of this Site is appropriate or available for use in locations outside of the United States. We will not be obligated to honor, in whole or in part, any transaction or instruction that: (i) is not in accordance with any term or condition of this Agreement or any other agreement that applies to the relevant online services or Account; (ii) we have reason to believe may not be authorized by you or any other person whose authorization we believe necessary; (iii) we have reason to believe involves funds or other property subject to a hold, dispute, restriction, or legal process we believe prevents the transaction or instruction; (iv) would violate any applicable provision of any applicable law, rule or regulation; (v) is not in accordance with any other requirement of our policies, procedures, or practices; (vi) we have reasonable cause not to honor for our or your protection. YOU ACKNOWLEDGE, BY YOUR USE OF THE BIZAPP SITE, THAT SUCH USE IS PROVIDED ON “AS IS” AT YOUR SOLE RISK AND AS AVAILABLE” BASIS”. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BIZAPP (MOBILE APP OR WEBSITE) AND SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BIZAPPAY ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR APP OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS OR DOWNTIME OR MALFUNCTION.
6.2 WE WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER BASED IN CONTRACTDAMAGES, NEGLIGENCEINCLUDING WITHOUT LIMITATION, TORTDIRECT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENT ALPUNITIVE, ECONOMIC, EXEMPLARY, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, ATTORNEY’S FEES, LOSSES OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS EXPENSES ARISING IN CONNECTION WITH YOUR USE OF TURNOVER, LOSS OF DATA, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS)THE SITE, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ASSUME NO LIABLITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING BUT NOT LIMTED TO, LOSSES FROM DELAYS, NON-DELIVERABLES OF CONTENT, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE, ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR INTELECTUAL PROPERTY OWNERS, COMMUNICATIONS, ERRORS, SYSTEM DOWNTIME, DATA BREACHES, MISCOMMUNICATIONS, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, VIRUSES, DAMAGE TO YOUR COMPUTER, MOBILE DEVICE OR OTHER EQUIPMENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE OR SERVICE INTERRUPTIONS OR ANY ERRORS OR OMISSIONS WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL OR EQUITABLE BASIS. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY FAILURE OF AVAILABILITY OR PERFORMANCE OF THE SITE OR THE SERVICES OFFERRED THROUGH IT DUE TO SCHEDULED SYSTEM MAINTENANCE OR CIRCUMSTANCES BEYOND OUR CONTROL (E.G., POWER OUTAGE, COMPUTER VIRUS, SYSTEM FAILURE, FIRE, FLOOD, EARTHQUAKE, EXTREME WEATHER). IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND/OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE SERVICES PROVIDED BY US WITH RESPECT TO THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED "AS IS," ON A "WITH ALL FAULTS" BASIS, AND, WE DO NOT WARRANT THAT THE SITE OR ITS CONTENT WILL BE TIMELY, SECURE OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SERVICES SUPPLIED UNDER THIS AGREEMENT ARE OF A REASONABLY ACCEPTABLE QUALITY. WE DO NOT WARRANT THAT FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, CONTENT OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF YOUR NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD. IN ADDITION, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR OTHER REQUIRED BY APPLICABLE LAW, WE, OUR SERVICE PROVIDERS OR OTHER AGENTS ALSO WON’T BE LIABLE FOR ANY LOSS OR LIABILITY YOU MAY INCUR RESULTING WHOLLY OR PARTLY FROM FAILURE OR MISUE OF YOUR EQUIPMENT OR SOFTWARE PROVIDED BY AN EXTERNAL COMPANY. BY ACCESSING AND USING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN, AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND EXPRESSLY WAIVED THE BENEFITS OF ANY FEDERAL OR STATE LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS TO WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH OR RELASE OF THE DEBTOR.
6.3 The Parties hereto agree that ▇▇▇▇ 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 ▇▇▇▇ be liable to the USER for any consequential or incidental damages, including but not limited to loss of profits, loss of turnover and/or loss of data.
6.4 The Parties hereby agree that ▇▇▇▇ shall not be held liable in any manner whatsoever in the event there is a dispute between the USER and any of the Customers, unless it can be reasonably proven by the USER that such dispute arose, directly or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by ▇▇▇▇ in the provision of the Service under this Agreement.
6.5 The USER shall not hold ▇▇▇▇, 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 or authorised third parties directly relates to the USER in connection with the use of or access to the Service.
Appears in 1 contract
Sources: Website Use Agreement
Disclaimer and Limitation of Liability. 6.1 THE BIZAPP IS PROVIDED ON “AS IS” AND AS AVAILABLE” BASIS”a. Company acknowledges NAIC will not determine the sufficiency of funds available from Company’s account to cover the DOI Fees prior to the time NAIC transfers the DOI Fees to the appropriate state insurance departments. WE MAKE Company agrees NAIC shall have no liability to Company for transferring DOI Fees to the appropriate state insurance departments on behalf of Company even though Company does not have sufficient funds available to cover the DOI Fees.
b. NAIC has MADE NO WARRANTY OR PROMISE, EITHER EXPRESS OR IMPLIED, with respect to the Automated Clearing House Operating System covered by this Agreement. NAIC expressly disclaims THE IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BIZAPP (MOBILE APP OR WEBSITE) WARRANTY OF MERCHANTABILITY AND SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BIZAPPAY ABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE. EXCEPT AS PROVIDED BELOW AND SUBJECT TO THE LIMITS IN PARAGRAPH (C), AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR APP OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NAIC SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF AND COMPANY EXPRESSLY WAIVES ANY INTERRUPTIONS OR ERRORS OR DOWNTIME OR MALFUNCTION.
6.2 WE WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY CLAIM FOR ANY INDIRECTLOSS, INCIDENT ALCOST, CONSEQUENTIALOR INJURY, SPECIAL DIRECT OR EXEMPLARY DAMAGES INDIRECT (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, LOSS OF TURNOVERLOST SALES, LOSS OF DATALOST PROFIT, LOSS OF REVENUE BUSINESS INTERRUPTION, OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESSTHIRD PARTY CLAIMS), WHETHER SUFFERED BY COMPANY AS A RESULT OF RELIANCE ON OR NOT HAVE BEEN ADVISED USE OF NAIC’S ELECTRONIC FUNDS TRANSFER PROGRAM OR THE AUTOMATED CLEARING HOUSE OPERATING SYSTEM, UNLESS SUCH LOSS, COST, OR INJURY IS A RESULT OF THE POSSIBILITY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH DAMAGESNAIC.
6.3 The Parties hereto agree c. In the event of any dispute brought by either party, it is mutually agreed and understood that ▇▇▇▇ either party’s liability 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 ▇▇▇▇ be liable exceed the actual monetary amount transferred from Company’s account to NAIC’s account through the USER for any consequential or incidental damagesACH Operating System, including but not limited to loss of profitswhether such claim is based on tort, loss of turnover and/or loss of data.
6.4 The Parties hereby agree that ▇▇▇▇ shall not be held liable in any manner whatsoever in the event there is a dispute between the USER and any of the Customers, unless it can be reasonably proven by the USER that such dispute arose, directly or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts other legal or omissions by ▇▇▇▇ in the provision of the Service under this Agreementequitable theory.
6.5 The USER shall not hold ▇▇▇▇, 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 or authorised third parties directly relates to the USER in connection with the use of or access to the Service.
Appears in 1 contract
Sources: Electronic Funds Transfer and Indemnification Agreement
Disclaimer and Limitation of Liability. 6.1 7.1 To the full extent permitted by applicable law Alipay shall only be liable for the obligations expressly set forth in this Agreement.
7.2 You agree that all disputes from the Online Transaction shall be a matter solely between you and your counterparty.
7.3 Users’ information is provided by the Users themselves. Alipay makes no representation or warranty with respect to the accuracy, truthfulness and completeness of the Users’ information. You will be solely responsible for all consequences resulting from your own judgment and decision to use or otherwise rely on such information.
7.4 Except as expressly provided in this Agreement and to the full extent permitted by applicable law, Alipay makes no warranty regarding the Alipay Services or any products or services supplied by the Charities under any Online Transaction, including:
(a) the Alipay Services meeting your requirements;
(b) the Alipay Services being uninterrupted, timely or error free; or
(c) any products, information, materials or services obtained by you in connection with the Alipay Services meeting your requirements.
7.5 Any information, proposal or materials that you may obtain from the Alipay Indemnified Persons or through the use of the Alipay Services, whether in writing or oral, shall not constitute Alipay’s warranty regarding the Alipay Services.
7.6 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE BIZAPP IS FULL EXTENT PERMITTED BY APPLICABLE LAW THE ALIPAY SERVICES ARE PROVIDED ON “AN "AS IS” AND ", "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS”. WE MAKE NO ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS, WHETHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BIZAPP (MOBILE APP OR WEBSITE) AND SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THEREINIMPLIED, ANY IMPLIED WARRANTIES OF BIZAPPAY ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY HEREBY DISCLAIMED AND EXCLUDED. IN ADDITION.
7.7 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR APP OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL ALIPAY INDEMNIFIED PERSONS SHALL NOT BE LIABLE FOR THE CONSEQUENCES ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF ANY INTERRUPTIONS PROFITS OR ERRORS REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA OR DOWNTIME OR MALFUNCTION.
6.2 WE WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER LOSS OF THIS AGREEMENT OTHER ECONOMIC INTERESTS, WHETHER BASED IN CONTRACT, NEGLIGENCE, TORTTORT OR OTHERWISE, STRICT ARISING FROM THE USE OF OR INABILITY TO USE THE ALIPAY SERVICES.
7.8 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENT AL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF TURNOVER, LOSS OF DATA, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), WHETHER OR NOT HAVE BEEN ADVISED OF THE POSSIBILITY OF ALIPAY INDEMNIFIED PERSONS ARISING FROM THE ALIPAY SERVICES IN CONNECTION WITH ANY ONLINE TRANSACTION SHALL NOT EXCEED THE TOTAL REMUNERATION THAT ALIPAY MAY DERIVE FROM SUCH DAMAGESTRANSACTION.
6.3 The Parties hereto 7.9 By using the Alipay Services, you acknowledge and agree that ▇▇▇▇▇▇ shall is not be held liable for any business expense, machine downtime or damages caused by any deficiency, defect or error in a bank and the Service or malfunction thereof and Alipay Services should in no event shall way be construed as the provision of banking services. ▇▇▇▇▇▇ be liable is not acting as a trustee, fiduciary or escrow with respect to a User’s funds and it does not have control of, nor liability for, the USER products or services that are paid for with the Alipay Services. Alipay does not guarantee the identity of any User or ensure that a Donor or a Charity will complete a transaction on the Platform Sites.
7.10 Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential or incidental damages, including but so the foregoing exclusions or limitations may not limited apply to loss of profits, loss of turnover and/or loss of datayou. You may also have other rights that vary by jurisdiction and other jurisdictions.
6.4 The Parties hereby agree that ▇▇▇▇ shall not be held liable in any manner whatsoever in the event there is 7.11 If you have a dispute between with any other party, you release the USER Alipay Indemnified Persons from claims, demands and any damages (actual and consequential) of the Customersevery kind and nature, unless it can be reasonably proven by the USER that such dispute aroseknown and unknown, directly arising out of or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by ▇▇▇▇ in the provision of the Service under this Agreement.
6.5 The USER shall not hold ▇▇▇▇, its holding company, subsidiaries, employees and its suppliers liable in any way for any losses connected with such disputes. If you are a California resident, you agree to waive California Civil Code Section 1542, which states, in part: “A general release does not extend to claims which a creditor does not know or liabilities arising directly and solely from suspect to exist in his or her favor at the fault time of executing the USER release, which if not known by him or authorised third parties directly relates to the USER in connection her must have materially affected his or her settlement with the use of or access to the Servicedebtor.”
Appears in 1 contract
Sources: Money Transfer Services Agreement
Disclaimer and Limitation of Liability. 6.1 THE BIZAPP IS PROVIDED ON “Except as expressly set forth elsewhere in this Agreement, You expressly acknowledge and agree that use of the System, is at Your sole risk. The System, and any related documentation or materials are provided "AS IS” " and without warranty of any kind. Selectel is not responsible for errors in programming Handsets or their activations, or for any liability claims or charges, damages or expenses arising from the use of any non-approved Handsets. Plan cards/PINs are sold on a non-refundable, non-transferrable basis. SELECTEL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND AS AVAILABLE” BASIS”. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BIZAPP (MOBILE APP OR WEBSITE) AND SERVICE OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BIZAPPAY ABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELECTEL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SYSTEM WILL MEET YOUR REQUIREMENTS, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION OR THAT THE OPERATION OF OUR APP OR WEBSITE THE SYSTEM WILL BE UNINTERRUPTED OR ERROR ERROR-FREE. NOTWITHSTANDING THE FOREGOING, AND WE WILL NOT IN NO EVENT SHALL SELECTEL BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS LOST PROFIT, OR ERRORS SPECIAL, CONSEQUENTIAL OR DOWNTIME OR MALFUNCTION.
6.2 WE WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, STRICT INTEREST DAMAGES. YOU ASSUME ALL RISKS AND LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECTLOSS, INCIDENT AL, CONSEQUENTIAL, SPECIAL DAMAGE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS INJURY TO PERSONS OR PROPERTY ARISING OUT OF TURNOVER, LOSS OF DATA, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), WHETHER OR NOT HAVE BEEN ADVISED YOUR USE OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 The Parties hereto agree that ▇▇▇▇ SERVICES. In no event shall not Selectel be held liable for any business expensemonetary relief, machine downtime or damages caused for injunctive or other equitable relief by any deficiency, defect reason of the intermediate and temporary storage of material on Selectel's system or error in the Service or malfunction thereof and in no event shall ▇▇▇▇ network. Regardless of whether Selectel may be liable to the USER for any consequential material stored or incidental damagestransmitted on its systems, including but not limited Selectel reserves the right, in its discretion, to loss of profits, loss of turnover and/or loss of data.
6.4 The Parties hereby agree that ▇▇▇▇ shall not be held liable in any manner whatsoever in the event there is a dispute between the USER and any of the Customers, unless it can be reasonably proven by the USER that such dispute arose, directly remove or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by ▇▇▇▇ in the provision of the Service under this Agreement.
6.5 The USER shall not hold ▇▇▇▇, 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 or authorised third parties directly relates to the USER in connection with the use of or disable access to material claimed to be the Servicesubject of illegal activity that in Selectel’s judgment is illegal, obscene or otherwise contains harmful or malicious information or software. Selectel shall have no liability for disabling or removing in good faith any such material regardless of whether the material is ultimately decided to be infringing, harmful, obscene or illegal.
Appears in 1 contract
Sources: Terms and Conditions of Service
Disclaimer and Limitation of Liability. 6.1 Every effort will be made to provide correct information, but occasionally errors may occur. Finger Lakes Bonus Bets and its personnel, Customer Service operators, managers, etc., are not responsible if information disseminated, either verbally or in writing, is inaccurate. Finger Lakes Bonus Bets disclaims responsibility for consequences that may result, if any, for such errors. The Finger Lakes Bonus Bets .com website is provided for your use on an as is basis. Finger Lakes Bonus Bets and its partners, affiliates, merchants, advertisers, and information providers make no representations or warranties of any kind, express or implied, as to the operation of the website or as to the information, content, materials, or products included on this website. Finger Lakes Bonus Bets makes commercially reasonable efforts to maintain this website but is not responsible for the results of any defects that exist in this website, any outages, interruptions, viruses or other harmful components. You should not assume that this website or its content is error-free or that it will be suitable for the particular purpose that you have in mind when using it. Finger Lakes Bonus Bets and its affiliates, merchants, advertisers, and information providers have no liability in tort, contract, or otherwise (and as permitted by law, product liability), to you and/or any third party TO THE BIZAPP IS PROVIDED ON “AS IS” AND AS AVAILABLE” BASIS”. WE MAKE NO FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Finger Lakes Bonus Bets DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BIZAPP (MOBILE APP OR WEBSITE) AND SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THEREINIMPLIED, ANY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF BIZAPPAY ABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR APP OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE Finger Lakes Bonus Bets WILL NOT BE LIABLE FOR THE CONSEQUENCES ANY DAMAGES OF ANY INTERRUPTIONS OR ERRORS OR DOWNTIME OR MALFUNCTION.
6.2 WE WILL KIND, INCLUDING, BUT NOT BE LIABLE WITH RESPECT LIMITED TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER BASED IN CONTRACTDIRECT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENT ALINCIDENTAL, CONSEQUENTIALEXEMPLARY, SPECIAL PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF TURNOVER, LOSS OF DATA, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS)PROFITS, WHETHER FORESEEABLE OR NOT HAVE BEEN ADVISED NOT, ANY FAILURE BY Finger Lakes Bonus Bets TO PROVIDE ACCESS TO OR USE OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 The Parties hereto agree that ▇▇▇▇ shall not THIS WEBSITE, OR ANY OTHER CAUSE WHATSOEVER. Finger Lakes Bonus Bets may, in its sole discretion and at any time, modify or discontinue this Website or any part thereof, limit, terminate or suspend an account holder's use of or access to this Website and/or make changes to these Terms and Conditions. In the event the foregoing disclaimer and limitation of liability is held to be held liable unenforceable for any business expensereason including by operation of law, machine downtime or Finger Lakes Bonus Bets maximum liability for any of the foregoing types of damages caused by any deficiency, defect or error in the Service or malfunction thereof and in no event shall ▇▇▇▇ be liable limited to the USER transaction fee for the transaction that gave rise to the claim or limited to the fullest extent allowable under New York law. Customer account holders agree to defend, indemnify and hold harmless Finger Lakes Racing Association, Inc., Finger Lakes Gaming and Racetrack, Finger Lakes Racing Association, Inc., a subsidiary of Delaware North Companies, Inc., Delaware North Companies, Inc., Finger Lakes Bonus Bets .com and eBet Technologies, Inc., a division of Sportech Inc., and their respective officers, directors, employees, affiliates, representatives, third-party contractors, and agents against and from any consequential third-party claims, actions, damages or incidental damagesdemands, including but not limited to, reasonable legal and accounting fees, resulting from account holder's use or misuse of this Website, violation of these Terms and Conditions, or any activities related to loss of profitsthis Website, loss of turnover and/or loss of data.
6.4 The Parties hereby agree that ▇▇▇▇ shall not be held liable in any manner whatsoever in the event there is a dispute between the USER and any or from account holder's violations of the Customersrights of any other account holder of this Website. Use of this Website is at the customer account holder's own risk. This indemnification shall survive the termination of your Finger Lakes Bonus Bets account. Finger Lakes Bonus Bets reserves the right to revise these Terms and Conditions, unless it can be reasonably proven by the USER that such dispute arose, directly or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by ▇▇▇▇ in the provision any part thereof. Use of the Service under this Agreement.
6.5 The USER shall not hold ▇▇▇▇, its holding company, subsidiaries, employees and its suppliers liable in any way for any losses or liabilities arising directly and solely from the fault service constitutes your acceptance of the USER or authorised third parties directly relates to the USER in connection with the use of or access to the ServiceTerms and Conditions.
Appears in 1 contract
Sources: Terms and Conditions
Disclaimer and Limitation of Liability. 6.1 11.1 The Product(s) are intended to detect and disclose potential risks in Customer’s system with great accuracy. HOWEVER, THE BIZAPP IS PRODUCT(S) ARE PROVIDED ON “AS IS” AND AS AVAILABLE” BASIS”. WE MAKE NO EXPRESS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BIZAPP (MOBILE APP OR WEBSITE) AND SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THEREINIMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF BIZAPPAY ABILITY, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR WARRANTIES OF QUALITY OR PERFORMANCE. FOR THE AVOIDANCE OF DOUBT, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION SECUNIA DOES NOT WARRANT THAT THE (A) OPERATION OF OUR APP OR WEBSITE WILL ANY OF THE PRODUCT(S) SHALL BE UNINTERRUPTED OR ERROR FREE, (B) THAT FUNCTIONS CONTAINED IN THE PRODUCT(S) SHALL OPERATE IN COMBINATIONS WHICH MAY BE SELECTED FOR USE BY CUSTOMER OR MEET CUSTOMER'S REQUIREMENTS, OR (C) THAT THE PRODUCT(S) WILL DETECT ALL VULNERABILITIES.
11.2 Customer accepts that any information provided by ▇▇▇▇▇▇▇ is general information only and is not to be deemed as advice. Secunia will use reasonable business efforts to ensure that any information provided by Secunia is accurate. HOWEVER, SECUNIA DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF SUCH INFORMATION. ACCORDINGLY, ▇▇▇▇▇▇▇ DOES NOT ACCEPT RESPONSIBILITY FOR ANY LOSS SUFFERED AS A RESULT OF CUSTOMER'S USE OF OR RELIANCE ON THE INFORMATION PROVIDED BY SECUNIA WHETHER PROVIDED BY, CONTAINED IN, OR ACCESSED THROUGH THE PRODUCT(S), AS IT REMAINS CUSTOMER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND WE WILL USEFULNESS OF ANY SUCH INFORMATION.
11.3 Secunia may enable Customer to download exploit code or provide links to websites with exploit code to allow testing of Customer's own systems such as anti-virus programs, IDS, and IPS systems, as well as firewalls, workarounds, and vendor-supplied patches. HOWEVER, EXPLOIT CODE IS DANGEROUS AND SHOULD ONLY BE DOWNLOADED AND EXECUTED ON ISOLATED TEST SYSTEMS. FURTHERMORE, DOWNLOADING AND USING EXPLOIT CODE MAY BE ILLEGAL IN SOME COUNTRIES AND EXPLOIT CODE MAY ALSO BE RESTRICTED BY LICENSE BY THE ORIGINAL AUTHOR. EXPLOIT CODE DOWNLOADED FROM LINKED WEBSITES OR SECUNIA'S WEBSITES IS NOT VERIFIED OR VALIDATED BY SECUNIA AND MUST BE TREATED AS UNTRUSTED MALICIOUS SOFTWARE. CUSTOMER ACKNOWLEDGES THAT SECUNIA IS NOT AND CANNOT BE HELD LIABLE FOR ANY DAMAGES, LEGAL ISSUES, OR VIOLATION OF THIRD-PARTY RIGHTS CAUSED BY CUSTOMER DOWNLOADING AND USING EXPLOIT CODES FROM LINKED WEBSITES OR SECUNIA'S WEBSITES.
11.4 SECUNIA SHALL IN NO EVENT BE LIABLE FOR THE CONSEQUENCES OF TO CUSTOMER (OR ANY INTERRUPTIONS OTHER PERSON OR ERRORS OR DOWNTIME OR MALFUNCTION.
6.2 WE WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY ENTITY) FOR ANY INDIRECT, INCIDENT ALINCIDENTAL, CONSEQUENTIALSPECIAL, SPECIAL PUNITIVE, EXEMPLARY, OR EXEMPLARY CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS AND PRODUCT(S); LOSS OF TURNOVERUSE, LOSS OF DATA, LOSS OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS)LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR NOT HAVE BEEN TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE PRODUCT(S) OR ANY LINKED PRODUCTS INCLUDING CUSTOMER'S USE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE.
6.3 The Parties hereto agree that ▇▇▇▇ 11.5 ALL LIABILITY OF SECUNIA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS COLLECTIVELY FOR CLAIMS ARISING UNDER OR RELATED TO THE AGREEMENT, HOWSOEVER ARISING, SHALL BE LIMITED TO TWO TIMES THE TOTAL CONTRACT VALUE, BUT IN NO CASE MORE THAN USD 500,000. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
11.6 CUSTOMER ACKNOWLEDGE THAT THE LIABILITY LIMITATIONS AND EXCLUSIONS SET FORTH IN THESE TERMS AND CONDITIONS REFLECT THE ALLOCATION OF RISK NEGOTIATED AND AGREED TO BY THE PARTIES AND THAT SECUNIA WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS AND EXCLUSIONS ON ITS LIABILITY. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11.7 To the extent permitted by law, any condition, warranty or representation which would otherwise be implied into these Terms and Conditions including without limitation, any warranty or merchantability, title, non-infringement or fitness for a particular purpose or use is hereby excluded.
11.8 Nothing in clause 11 shall not be held liable for any business expenseconstrued to limit Secunia's liability under the mandatory provisions of applicable product liability rules. Any product liability is, machine downtime or damages caused by any deficiencyhowever, defect or error in the Service or malfunction thereof and in no event shall ▇▇▇▇ be liable disclaimed to the USER for any consequential or incidental damages, including but not limited to loss of profits, loss of turnover and/or loss of datafarthest extent possible.
6.4 The Parties hereby agree that ▇▇▇▇ shall not be held liable in any manner whatsoever in the event there is a dispute between the USER and any of the Customers, unless it can be reasonably proven by the USER that such dispute arose, directly or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by ▇▇▇▇ in the provision of the Service under this Agreement.
6.5 The USER shall not hold ▇▇▇▇, 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 or authorised third parties directly relates to the USER in connection with the use of or access to the Service.
Appears in 1 contract
Sources: Terms and Conditions
Disclaimer and Limitation of Liability. 6.1 THE BIZAPP IS PROVIDED THIS SITE AND ALL MATERIALS CONTAINED ON “IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS” " AND "AS AVAILABLE” " BASIS”. WE MAKE NO , WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BIZAPP (MOBILE APP OR WEBSITE) AND SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THEREINIMPLIED, ANY IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF BIZAPPAY ABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The City of ▇▇▇▇▇▇▇▇▇▇ is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT ALLOWED BY LAW, THE CITY , ITS OFFICERS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THIRD PARTY PROVIDERS TO THE OPERATION OF OUR APP OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL SITE SHALL NOT BE LIABLE FOR THE CONSEQUENCES DAMAGES OF ANY INTERRUPTIONS OR ERRORS OR DOWNTIME OR MALFUNCTION.
6.2 WE WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENT AL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (KIND INCLUDING, WITHOUT LIMITATION, LOSS OF TURNOVERCOMPENSATORY, LOSS OF DATACONSEQUENTIAL, LOSS OF REVENUE INCIDENTAL, INDIRECT, SPECIAL OR GOODWILL SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR ANTICIPATED PROFITS THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR LOST BUSINESS)OTHERWISE SUPPLIED BY THE CITY OR ANY THIRD PARTY. The appearance of external hyperlinks does not constitute endorsement by the City of the opinions or views expressed by these linked websites and the City does not verify, WHETHER OR NOT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, the City is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, the City is not responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information (the "Information") or postings from the end user, the City does not assume or have any responsibility or liability for the manner in which the Information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. The Parties hereto agree that ▇▇▇▇ City shall not be held liable for any business expensedirect, machine downtime indirect, incidental or damages special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any deficiency, defect information or error in the Service or malfunction thereof and in no event shall ▇▇▇▇ be liable to the USER for any consequential or incidental damages, including but not limited to loss of profits, loss of turnover and/or loss of datacontent contained within these sites.
6.4 The Parties hereby agree that ▇▇▇▇ shall not be held liable in any manner whatsoever in the event there is a dispute between the USER and any of the Customers, unless it can be reasonably proven by the USER that such dispute arose, directly or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by ▇▇▇▇ in the provision of the Service under this Agreement.
6.5 The USER shall not hold ▇▇▇▇, 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 or authorised third parties directly relates to the USER in connection with the use of or access to the Service.
Appears in 1 contract
Sources: Terms and Conditions
Disclaimer and Limitation of Liability. 6.1 11.1 The Product(s) are intended to detect and disclose potential risks in Customer’s system with great accuracy. HOWEVER, THE BIZAPP IS PRODUCT(S) ARE PROVIDED ON “AS IS” AND AS AVAILABLE” BASIS”. WE MAKE NO EXPRESS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BIZAPP (MOBILE APP OR WEBSITE) AND SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THEREINIMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF BIZAPPAY ABILITY, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR WARRANTIES OF QUALITY OR PERFORMANCE. FOR THE AVOIDANCE OF DOUBT, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION SECUNIA DOES NOT WARRANT THAT THE (A) OPERATION OF OUR APP OR WEBSITE WILL ANY OF THE PRODUCT(S) SHALL BE UNINTERRUPTED OR ERROR FREE, (B) THAT FUNCTIONS CONTAINED IN THE PRODUCT(S) SHALL OPERATE IN COMBINATIONS WHICH MAY BE SELECTED FOR USE BY CUSTOMER OR MEET CUSTOMER'S REQUIREMENTS, OR (C) THAT THE PRODUCT(S) WILL DETECT ALL VULNERABILITIES.
11.2 Customer accepts that any information provided by ▇▇▇▇▇▇▇ is general information only and is not to be deemed as advice. Secunia will use reasonable business efforts to ensure that any information provided by Secunia is accurate. HOWEVER, SECUNIA DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF SUCH INFORMATION. ACCORDINGLY, ▇▇▇▇▇▇▇ DOES NOT ACCEPT RESPONSIBILITY FOR ANY LOSS SUFFERED AS A RESULT OF CUSTOMER'S USE OF OR RELIANCE ON THE INFORMATION PROVIDED BY SECUNIA WHETHER PROVIDED BY, CONTAINED IN, OR ACCESSED THROUGH THE PRODUCT(S), AS IT REMAINS CUSTOMER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND WE WILL USEFULNESS OF ANY SUCH INFORMATION.
11.3 Secunia may enable Customer to download exploit code or provide links to websites with exploit code to allow testing of Customer's own systems such as anti-virus programs, IDS, and IPS systems, as well as firewalls, workarounds, and vendor-supplied patches. HOWEVER, EXPLOIT CODE IS DANGEROUS AND SHOULD ONLY BE DOWNLOADED AND EXECUTED ON ISOLATED TEST SYSTEMS. FURTHERMORE, DOWNLOADING AND USING EXPLOIT CODE MAY BE ILLEGAL IN SOME COUNTRIES AND EXPLOIT CODE MAY ALSO BE RESTRICTED BY LICENSE BY THE ORIGINAL AUTHOR. EXPLOIT CODE DOWNLOADED FROM LINKED WEBSITES OR SECUNIA'S WEBSITES IS NOT VERIFIED OR VALIDATED BY SECUNIA AND MUST BE TREATED AS UNTRUSTED MALICIOUS SOFTWARE. CUSTOMER ACKNOWLEDGES THAT SECUNIA IS NOT AND CANNOT BE HELD LIABLE FOR ANY DAMAGES, LEGAL ISSUES, OR VIOLATION OF THIRD-PARTY RIGHTS CAUSED BY CUSTOMER DOWNLOADING AND USING EXPLOIT CODES FROM LINKED WEBSITES OR SECUNIA'S WEBSITES.
11.4 SECUNIA SHALL IN NO EVENT BE LIABLE FOR THE CONSEQUENCES OF TO CUSTOMER (OR ANY INTERRUPTIONS OTHER PERSON OR ERRORS OR DOWNTIME OR MALFUNCTION.
6.2 WE WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY ENTITY) FOR ANY INDIRECT, INCIDENT ALINCIDENTAL, CONSEQUENTIALSPECIAL, SPECIAL PUNITIVE, EXEMPLARY, OR EXEMPLARY CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS AND PRODUCT(S); LOSS OF TURNOVERUSE, LOSS OF DATA, LOSS OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS)LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR NOT HAVE BEEN TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE PRODUCT(S) OR ANY LINKED PRODUCTS INCLUDING CUSTOMER'S USE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE.
6.3 The Parties hereto agree that ▇▇▇▇ 11.5 ALL LIABILITY OF SECUNIA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS COLLECTIVELY FOR CLAIMS ARISING UNDER OR RELATED TO THE AGREEMENT, HOWSOEVER ARISING, SHALL BE LIMITED TO TWO TIMES THE TOTAL CONTRACT VALUE, BUT IN NO CASE MORE THAN USD 500,000. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
11.6 CUSTOMER ACKNOWLEDGE THAT THE LIABILITY LIMITATIONS AND EXCLUSIONS SET FORTH IN THESE TERMS AND CONDITIONS REFLECT THE ALLOCATION OF RISK NEGOTIATED AND AGREED TO BY THE PARTIES AND THAT SECUNIA WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS AND EXCLUSIONS ON ITS LIABILITY. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11.7 To the extent permitted by law, any condition, warranty or representation which would otherwise be implied into these Terms and Conditions including without limitation, any warranty or merchantability, title, non-infringement or fitness for a particular purpose or use is hereby excluded.
11.8 Nothing in clause 10.3 shall not be held liable for any business expenseconstrued to limit Secunia's liability under the mandatory provisions of applicable product liability rules. Any product liability is, machine downtime or damages caused by any deficiencyhowever, defect or error in the Service or malfunction thereof and in no event shall ▇▇▇▇ be liable disclaimed to the USER for any consequential or incidental damages, including but not limited to loss of profits, loss of turnover and/or loss of datafarthest extent possible.
6.4 The Parties hereby agree that ▇▇▇▇ shall not be held liable in any manner whatsoever in the event there is a dispute between the USER and any of the Customers, unless it can be reasonably proven by the USER that such dispute arose, directly or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by ▇▇▇▇ in the provision of the Service under this Agreement.
6.5 The USER shall not hold ▇▇▇▇, 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 or authorised third parties directly relates to the USER in connection with the use of or access to the Service.
Appears in 1 contract
Sources: Terms & Conditions
Disclaimer and Limitation of Liability. 6.1 The Contracting Participant assumes sole responsibility for its use of the Services and PI for any purpose including without limitation, the Ambulance Act and/or providing and assisting in providing healthcare to Patients. Despite sections 15 and 16 of this Primary Data Sharing and Services Agreement, in no event will the Ministry: (i) or any other Participant be liable, regardless of the form of action, for loss of profits, revenue or goodwill or for any other indirect, incidental or consequential damages suffered by any other Participant as a result of Services or any other obligation performed or not performed underthe Agreement, whether or not the possibility of such loss or damages was disclosed by one Participant to another or reasonably could have been foreseen by a Participant; and (ii) be liable to any Participant for any theft or loss of PI or any use, disclosure or accessto PI by or to unauthorized persons except to the extent that it is caused by the negligence or malicious conduct of the Ministry or its directors, officers, advisors, agents, appointees or employees. The foregoing paragraph of this provision will apply in any cause of action, including breach of contract, misrepresentation, negligence or other tort, whether or not there will have been a fundamental breach or a breach of any fundamental provision of the Agreement by a Participant and notwithstanding any election by a Participant to rescind the Agreement if so entitled. EXCEPT AS SET OUT IN THIS AGREEMENT, THE BIZAPP IS SERVICES ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS”. WE MAKE NO EXPRESS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BIZAPP (MOBILE APP STATUTORY, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR WEBSITE) AND SERVICE GUARANTEES OF OR THE PRODUCTS OR SERVICES PROVIDED THEREINRELATING TO ACCURACY, ANY IMPLIED WARRANTIES OF BIZAPPAY ABILITYAVAILABILITY, CAPACITY, DELAYS, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF VIRUSES OR OTHER HARMFUL COMPONENT, MERCHANTABILITY, NON-INFRINGEMENT INFRINGEMENT, PERFORMANCE, TITLE,OR WORKMANLIKE EFFORT, ALL OF WHICH ARE EXPRESSLY HEREBY DISCLAIMED AND EXCLUDEDBY THE MINISTRY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITIONThe Ministry does not represent or warrant that the Services will perform at 100% availability or be error-free. The Contracting Participant will maintain alternate means of disclosing and collecting PI for the purposes for which it uses the Services and down-time procedures for use when the Services are not available. As such, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR APP OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS OR DOWNTIME OR MALFUNCTION.
6.2 WE WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENT AL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF TURNOVER, LOSS OF DATA, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), WHETHER OR NOT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 The Parties hereto agree that ▇▇▇▇ shall the Ministry will 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 ▇▇▇▇ be liable to the USER Contracting Participant for any consequential damages solely due to the lack of availability of the Services for any reason. The Services are not guaranteed to be hacker-proof or incidental damages, including but otherwise not limited subject to loss of profits, loss of turnover and/or loss of data.
6.4 theft or other security or like failures or for performance or functionality failures. The Parties hereby agree that ▇▇▇▇ shall Ministry does not be held liable in guarantee any manner whatsoever specific result and will perform the Services in the event there is a dispute between the USER and any of the Customers, unless it can be reasonably proven by the USER that such dispute arose, directly or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by ▇▇▇▇ manner described in the provision of Service Schedule. The Participants acknowledge that the Service under this Agreement.
6.5 The USER shall not hold ▇▇▇▇, 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 or authorised third parties directly relates Services are being provided to the USER Participants as a benefit for the Participants and their Patients and Clients. No Participant will seek recourse against the Ministry for damages arising out of or in connection with the Agreement except to the extent that it is caused by the negligence or malicious conduct of the Ministry or its directors, officers, advisors, agents, appointees or employees. The Participants agree to work with their insurers and risk managers to mitigate the risk of third party claims that could potentially flow from their use of the Services. Without limitation, the Ministry has no responsibility or access liability in relation to:
a. the accuracy of any data or information provided to it by any Participant;
b. any claims of infringement of Intellectual Property or other rights (includingmoral rights) from third parties in relation to the ServiceServices; or
c. verifying that any Participant is entitled, pursuant to Applicable Law, to collect, use, disclose, transfer any PI that is provided to the Ministry by such Participant.
Appears in 1 contract
Disclaimer and Limitation of Liability. 6.1 Subscriber understands and agrees that Safe@Home is NOT an insurer and that insurance, if any, covering personal injury or other personal claims and property loss or damage on Subscriber’s premises shall be obtained by Subscriber in such amounts and covering such perils as Subscriber may determine; that the amounts being paid to Safe@Home are based on the value of the Service and not on the amount of potential loss, and such amounts are not sufficient to guarantee that no loss will occur; that Safe@Home is NOT assuming responsibility for any losses which may occur even if due to Safe@Home’s negligent performance or failure to perform any obligation under this Agreement. Subscriber assumes all risk of loss or damage to premises or the contents thereof, or personal injury. SAFE@HOME MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND RELATING TO THE BIZAPP IS PROVIDED ON “AS IS” SERVICE AND AS AVAILABLE” BASIS”. WE MAKE NO EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED REPRESENTATIONS IMPLIED, WRITTEN OR WARRANTIES REGARDING BIZAPP (MOBILE APP ORAL, WITH RESPECT TO THE SERVICE AND THE EQUIPMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WEBSITE) AND SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BIZAPPAY ABILITY, FITNESS FOR A PARTICULAR PURPOSE. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, THERE SHOULD ARISE ANY LIABILITY TO SAFE@HOME, RESONSENOW’S MAXIMUM LIABILITY ARISING OUT OF THE PROVISION OF THE SERVICE, INCLUDING THE EQUIPMENT, OR ITS USE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, LIMITED TO THE MAXIMUM SUM OF $1,000. SINCE IT IS IMPRACTICAL AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE DUE TO A FAILURE OF THE SERVCE, THIS SUM SHALL BE COMPLETE AND EXCLUDEDEXCLUSIVE AND SHALL BE PAID AND RECEIVED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR APP OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT EVENT SHALL SAFE@HOME BE LIABLE FOR THE CONSEQUENCES SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. SUBSCRIBER MAY OBTAIN A HIGHER LIMITATION OF ANY INTERRUPTIONS OR ERRORS OR DOWNTIME OR MALFUNCTION.
6.2 WE WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER BASED IN CONTRACTLIABILITY FOR AN ADDITIONAL PERIODIC CHARGE. If Subscriber elects this option, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENT AL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF TURNOVER, LOSS OF DATA, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), WHETHER OR NOT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 The Parties hereto agree that ▇▇▇▇ shall not be held liable for any business expense, machine downtime or damages caused by any deficiency, defect or error in Safe@Home will attach a rider to this Agreement which will set forth the Service or malfunction thereof amount of the limitation of liability and in no event shall ▇▇▇▇ be liable the amount of the additional charge. Agreeing to the USER for any consequential or incidental damages, including but higher limitation of liability does not limited to loss of profits, loss of turnover and/or loss of datamean that Safe@Home is an insurer.
6.4 The Parties hereby agree that ▇▇▇▇ shall not be held liable in any manner whatsoever in the event there is a dispute between the USER and any of the Customers, unless it can be reasonably proven by the USER that such dispute arose, directly or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by ▇▇▇▇ in the provision of the Service under this Agreement.
6.5 The USER shall not hold ▇▇▇▇, 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 or authorised third parties directly relates to the USER in connection with the use of or access to the Service.
Appears in 1 contract
Sources: In Home Service Agreement
Disclaimer and Limitation of Liability. 6.1 THE BIZAPP IS PROVIDED ON “AS IS” AND AS AVAILABLE” BASIS”. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BIZAPP (MOBILE APP OR WEBSITE) AND SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BIZAPPAY ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR APP OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS OR DOWNTIME OR MALFUNCTION.
6.2 WE WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENT AL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF TURNOVER, LOSS OF DATA, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), WHETHER OR NOT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 The Parties hereto 21.1 You acknowledge and agree that ▇▇▇▇ Company shall not be held responsible or liable for the quality, legality, or any business expenseother matter regarding Content that is made available to You on or in association with the Website by Website Content Providers, machine downtime the Company's affiliates, any Website Users or damages caused any other third parties.
21.2 You further acknowledge that You understand that we do not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or content of any kind which has been posted, uploaded or provided by other users of the Website, including without limitation any deficiencyand all advertisers, defect and that consequently You release the Company from any and all liability and responsibility in connection verifying, the accuracy of any such messages, communication, information or error in content of any kind provided by other Users of the Service Website.
21.3 You acknowledge and understand that we do not screen, endorse, monitor, control, investigate, supervise or malfunction thereof and in no event shall ▇▇▇▇ be liable verify any advertisements or communications submitted to the USER Website by Website Content Providers, affiliates or other third-party licensees, advertisers, or users of the website for electronic dissemination through the Website. You are therefore cautioned and advised to use Your own judgment to evaluate all advertisements and other communications available at or using the Website prior to purchasing goods and/or services described at the Website or otherwise responding to any consequential or incidental damages, including but not limited to loss of profits, loss of turnover and/or loss of datacommunication at the Website.
6.4 The Parties hereby agree that ▇▇▇▇ shall not be held liable in any manner whatsoever in the event there is a dispute between the USER and any 21.4 Some of the Customersmaterials that You might access via hyperlinks at the Website will connect You to third- parties, unless it can be reasonably proven or to third-party Websites that may provide content to the Website via hyperlinks. We have no editorial control or supervision over selection or display of such content provided by the USER that those third parties or those third-party Websites and those parties are solely responsible and liable for all such dispute arose, directly or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by ▇▇▇▇ in the provision of the Service under this Agreementcontent.
6.5 The USER shall 21.5 You acknowledge that You understand that we cannot hold ▇▇▇▇ensure nor do we make any representations or warranties regarding the security or privacy of information that You voluntarily provide to the Company, its holding companyWebsite Content Providers, subsidiaries, employees affiliates or any other website users and that You release the Company and its suppliers liable in directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any way for any losses or liabilities arising directly and solely from the fault of the USER or authorised third parties directly relates to the USER all liability and responsibility in connection with the use of such information.
21.6 You hereby release Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from all liability and responsibility in connection with the Content and all other information, messages, communication or access other materials You may receive from the Company, Website affiliates or Website Content Providers.
21.7 You acknowledge and understand that You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the ServiceSite and Service and is compatible with the Site. The recommended specifications for receipt of this Service include any personal desktop or laptop computer. You will need a minimum hardware specification of a Pentium 3 with 500 Mhz processor, using either Internet Explorer 6.0 or Mozilla Firefox 2.0 or newer. You also understand that the Company does not guarantee or warrant that receipt of this Service is possible on devices including but not limited to iPhones, iPads, tablets, mobile phones or any other devices.
Appears in 1 contract
Sources: Terms and Conditions
Disclaimer and Limitation of Liability. 6.1 THE BIZAPP IS PROVIDED ON 10.1 LICENSEE acknowledges that Licensed Technologies are provided “AS ISas is” AND AS AVAILABLE” BASIS”at the Effective Date of this Agreement. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING BIZAPP (MOBILE APP OR WEBSITE) AND SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THEREINThe warranties provided by NIO under Section 8 of this Agreement replaces any other express, ANY IMPLIED WARRANTIES OF BIZAPPAY ABILITYimplied, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR APP OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS OR DOWNTIME OR MALFUNCTION.
6.2 WE WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENT AL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF TURNOVER, LOSS OF DATA, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), WHETHER OR NOT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 The Parties hereto agree that ▇▇▇▇ 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 statutory warranties regarding such Licensed Technologies and in no event shall ▇▇▇▇ be liable to the USER for any consequential or incidental damagesLICENSEE’s use of technical information, including but not limited to the merchantability, fitness for any particular purpose, non-infringement, accuracy, and completeness of the involved technical information, the stability of the involved patents, the prospect of authorisation of the involved patent applications, and the quality and performance of the Licensed Product(s), and NIO assumes no liability in this regard. Further, notwithstanding NIO’s undertakings in Section 15, NIO makes no representations or warranties about whether any Licensed Products, Licensed Technologies or Deliverables would be subject to any export controls in relation to the provision of such Licensed Technologies or Deliverables or the production, transport and sale of any Licensed Products.
10.2 LICENSEE expressly acknowledges that any Open Source Software involved in the Licensed Technologies or the process of implementing the Licensed Technologies is provided “as is” at the Effective Date of this Agreement, and expressly subject to the disclaimer in Section 10.1.
10.3 Nothing in this Agreement will operate so as to exclude or limit the liability of either Party to the other for:
10.3.1 death or personal injury arising out of negligence;
10.3.2 fraud or fraudulent misrepresentation; or
10.3.3 any other liability which cannot be excluded or limited by law.
10.4 Nothing in this Agreement will operate so as to exclude or limit LICENSEE’s liability for its intentional breach of Section 12 (Confidentiality) or liability under the indemnity given by LICENSEE in Section 9.3 in connection with an intentional breach of Section 12 (Confidentiality).
10.5 NIO's liability in respect of the indemnity given by NIO in Section 9.1 will be capped at an amount equal to [***], provided that such liability shall not exceed [***].
10.6 Subject to Sections 10.3 to 10.5 (inclusive) and LICENSEE’s liability to pay the Technology License Fees, the total aggregate liability of each Party to the other Party (in aggregate) under or in relation to this Agreement, including liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including negligence), breach of statutory duty, liability under the indemnity given by LICENSEE in Section 9.3 in connection with a non-intentional breach of Section 12 (Confidentiality) or otherwise, will be capped at [***].
10.7 Subject to Sections 10.3 and 10.4 and excluding NIO’s liability under the indemnity given by NIO in Section 9.1, LICENSEE’s liability under the indemnity given by LICENSEE in Section 9.3, and LICENSEE’s liability to pay the Technology License Fees, neither Party will be liable to the other Party for:
10.7.1 any loss of profits, revenue, business opportunities or damage to goodwill (whether direct or indirect); or
10.7.2 any indirect or consequential loss of turnover and/or loss of data.
6.4 The Parties hereby agree that ▇▇▇▇ shall not be held liable or damage, arising under or in any manner whatsoever in relation to this Agreement, even if the event there is a dispute between the USER and any first Party was aware of the Customers, unless it can possibility that such loss or damage might be reasonably proven incurred by the USER that such dispute arose, directly or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by ▇▇▇▇ in the provision of the Service under this Agreementother Party.
6.5 The USER shall not hold ▇▇▇▇, 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 or authorised third parties directly relates to the USER in connection with the use of or access to the Service.
Appears in 1 contract