Disclaimers and Limitations of Liability Sample Clauses
The Disclaimers and Limitations of Liability clause serves to restrict the legal responsibility of one or both parties for certain types of damages or losses that may arise under the agreement. Typically, this clause specifies which liabilities are excluded—such as indirect, incidental, or consequential damages—and may set a maximum cap on the amount recoverable in the event of a claim. By clearly outlining these boundaries, the clause helps manage risk exposure for the parties and provides predictability regarding potential financial consequences, thereby preventing unexpected or excessive liability.
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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. 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. The Services are Available "AS-IS" Limitation of Liability
Disclaimers and Limitations of Liability. The system is provided to the customer “as it is” and, subject to what is specified in this section, all explicit or implied conditions (whether they are terms that are not contained in this agreement but are otherwise included by law or otherwise), declarations or warranties of any kind including, but not limited to, any implied warranties or conditions relating to non-infringement, merchantability, suitability for a particular purpose, satisfactory quality, non-interference or arising from negotiation, practice or commercial practice, are excluded to the extent permitted by applicable laws and are explicitly denied by EP, by its suppliers and licensors. Since some States or jurisdictions do not allow limitations on certain warranties and statements, the above limitations may not apply in whole or in part to the customer. The customer may have additional rights as a consumer, which vary from jurisdiction to jurisdiction and which are not specified in this agreement. If EP does not comply with the terms of this Agreement, it shall be liable for any loss or damage incurred by the customer that is due to a foreseeable breach of this agreement or the negligence of EP. EP has no liability, and excludes any liability, for any loss or damage incurred by the customer that is not foreseeable. Loss or damage are foreseeable if they are an obvious consequence of EP’s breach or if such loss or damage were contemplated by the Customer and EP at the time of signing of this agreement. EP provides the Customer with the System for exclusively use under this Agreement, the Customer agrees not to use the System for any commercial or resale purposes, unless such use is permitted by this Agreement. The Customer also accepts that Ep has no responsibility for any loss or damage incurred in relation to (i) accuracy, completeness, legality, reliability, operability or availability of and the content or information or material provided by or accessible through the System; (ii) deletion, non-disclosure, an accidental disclosure, loss, mis delivery of any information or material; unless such loss or damage is due to a foreseeable breach of this Agreement by or on behalf of EP. EP has no liability for the information and events over which EP has no control, including the content of message boards or other forums that refers to the System. Unless otherwise stated in this Agreement, EP, its affiliates, officers, directors, employees, agents, suppliers and licensors have no liability to...
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. 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 workflow, holidays, weekends, restraints on the Trustee, and any elements or factors outside of the Trustee's control.
Disclaimers and Limitations of Liability. THE DATA IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF COMPLETENESS, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YAQEEN EXPRESSLY DISCLAIMS, AND SHALL HAVE NO LIABILITY FOR, ANY ERRORS, OMISSIONS, INACCURACIES, OR INTERRUPTIONS IN THE