Disclaimers Limitations of Liability Sample Clauses
The "Disclaimers; 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 that the provider is not liable for indirect, incidental, or consequential damages, and may cap the total liability to a set amount, such as the fees paid under the contract. By clearly outlining what is and is not covered, this clause helps manage risk exposure and provides predictability for both parties regarding potential financial consequences.
Disclaimers Limitations of Liability. BUYER IS LICENSING THE SPACES AND ENTERING ON TO THE PREMISES TO ACCESS SUCH SPACES ON AN “AS-IS” AND “WHERE-IS” BASIS, AND BUYER CONFIRMS THAT, NONE OF THE SUPPLIER PARTIES OR SECURSPACE HAVE MADE, AND ARE NOT MAKING, ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING OR WITH RESPECT TO THE PREMISES OR THE SPACES, INCLUDING THEIR PHYSICAL OR ENVIRONMENTAL CONDITION, SECURITY FEATURES, THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, THE REQUIREMENTS OF ANY APPLICABLE LAWS OR THE SUITABILITY OF THE SPACES OR PREMISES FOR DEPOSIT OF BUYER’S ASSETS OR ANY OTHER PERMITTED USE HEREUNDER. THE PARTIES HERETO AGREE THAT (I) SECURSPACE IS NOT A PARTY TO THIS RESERVATION AGREEMENT OR ANY OTHER AGREEMENTS ENTERED INTO BETWEEN SUPPLIERS AND BUYERS; (II) SECURSPACE IS NOT A REAL ESTATE BROKER, AGENT OR INSURER; (III) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF SUPPLIERS, BUYERS, SPACES, OR OTHER BUYERS OF THE PLATFORM; AND (IV) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES AGREE THAT SECURSPACE HAS NO CONTROL OVER THE CONTENT CONTAINED IN ANY SUPPLIER PROFILE; THEREFORE THE PARTIES AGREE THAT SECURSPACE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES OR ASSETS. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL, LIABILITY RELATED TO THE FAILURE OF, OR DELAY BY, SECURSPACE TO PROVIDE CONTACT INFORMATION TO A REQUESTING PARTY FOR ANOTHER PARTY FOR NOTICES BY OR BETWEEN SUPPLIER AND BUYER, ANY AND ALL PROFILES, SPACES, PREMISES OR ASSETS. ANY PROFILES, RESERVATIONS OR USE OF THE SPACES/PREMISES ARE MADE, USED, OR ACCEPTED AT THE MEMBER’S OWN RISK. THE PARTIES ACKNOWLEDGE AND AGREE THAT (I) SECURSPACE IS NOT A PARTY TO ANY TRANSACTIONS ENTERED INTO BETWEEN SUPPLIERS OR BUYERS WITH STRIPE, DWOLLA OR OTHER PREFERRED PAYMENT OR PAYOUT VENDORS OR PROVIDERS, INCLUDING BUT NOT LIMITED TO CREDIT CARD VENDORS OR DEBIT CARD VENDORS; (II) SECURSPACE HAS NO CONTROL OVER THE CONDUCT OF STRIPE, DWOLLA, CREDIT CARD OR DEBIT CARD VENDORS OR PROCESSORS, AND (III) SECURSPACE DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURSPACE DOES NOT INSPECT, REVIEW OR VERIFY THE PROFILES, THE SPACES OR ANY REPRESENTATIONS OR WARRANTIES MADE BY THE SUPPLIERS, BUYERS OR ANY MEMBERS. EVEN IF SECURSPACE DOES...
Disclaimers Limitations of Liability. A. Except as specifically set forth herein, GAC makes no express or implied warranties in connection with its services.
B. In connection with all services performed by GAC, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefor, which request must be confirmed in writing by GAC prior to rendering services for the covered transaction(s).
C. In the absence of additional coverage under (b) above, GAC shall only be liable for any loss, damage, expense, or delay to the Goods resulting from the negligence or other fault of GAC, and such liability shall be limited to an amount equal to the lesser of fifty dollars ($50.00) per entry or shipment or the fee(s) charged for the services, whichever is less. For GAC liability related to Goods held in storage by GAC, see Section 12(f)(iii), below.
D. In no event shall GAC be liable or responsible for consequential, indirect, incidental, statutory, special, or punitive damages, even if it has been put on notice of the possibility of such damages, or for the acts of third parties.
E. Unless the service to be performed by GAC on behalf of the Customer is delayed by reason of negligence or other fault of GAC, GAC shall not be responsible for any loss, damage, or expense incurred by the Customer because of such delay. In the event GAC is at fault, its liability is limited in accordance with the provisions herein. Due to the inherent nature of the transportation business, GAC does not guarantee pick up, transportation, or delivery by a stipulated time.
F. Liability and limitation of damages with respect to Goods tendered to GAC for storage are as follows:
1. GAC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO GOODS TENDERED, STORED, OR HANDLED BY GAC, HOWEVER CAUSED, UNLESS SUCH LOSS OR DAMAGE RESULTED FROM THE FAILURE OF GAC TO EXERCISE REASONABLE CARE. GAC IS NOT LIABLE FOR DAMAGES THAT COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF REASONABLE CARE.
2. GOODS ARE NOT INSURED BY GAC AGAINST LOSS OR DAMAGE, HOWEVER CAUSED (See Section 11, above).
3. THE CUSTOMER DECLARES THAT AGGREGATE DAMAGES ARE LIMITED TO $0.50 PER POUND NOT TO EXCEED $50,000 FOR ALL SERVICES PROVIDED OR ARRANGED, PROVIDED, HOWEVER, THAT SUCH LIABILITY MAY AT THE TIME OF ACCEPTANCE OF THIS CONTRACT BE INCREASED UPON CUSTOMER’S WRITTEN REQUEST (AND GAC’S ACCEPTANCE) ON PART OR ALL OF THE GOODS HEREUNDER IN WHICH EVENT AN ADDITIONAL MO...
Disclaimers Limitations of Liability. (a) Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services;
(b) Subject to (c) below, Customer agrees that in connection with any and all services performed by the company, the Company shall only be liable for its negligent acts, which are the direct and proximate cause of any injury to Customer, including loss or damaged to Customer’s goods, and the Company shall in no event be liable for the acts of third parties;
(c) In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefore, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s).
(d) In the absence of additional coverage under (b) above, the Company’s liability shall be limited to the following:
(i) where the claim arises from activities other than those relating to customs brokerage, $50.00 per shipment or transaction, or
(ii) where the claim arises from activities relating to “Customs business,” $50.00 per entry or the amount of brokerage fees paid to Company for the entry, whichever is less;
(e) In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory or punitive damages even if it has been put on notice of the possibility of such damages.
Disclaimers Limitations of Liability a. No Indirect Damages b. Limitation of Liability c. Cookie Duration
Disclaimers Limitations of Liability a. LISTING Condition and History Disclaimer ALL LISTINGS ARE SOLD "AS IS, WHERE IS" All LISTINGS offered for sale through EXCLUSIVE are sold "AS IS, WHERE IS," WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
Disclaimers Limitations of Liability. A. The Company acknowledges that any information, including any resources delivered through ▇▇▇▇▇’▇ proprietary information and technology system, will be provided by ▇▇▇▇▇ as a tool to be used in the discretion of the Company. ▇▇▇▇▇ makes no representation or warranty as to the accuracy or reliability of reports, projections, forecasts, or any other information derived from use of ▇▇▇▇▇’▇ resources, and ▇▇▇▇▇ will not be liable for any claims of reliance on such reports, projections, forecasts, or information. ▇▇▇▇▇ will not be liable for any non-compliance of reports, projections, forecasts, or information or services with federal, state, or local laws or regulations. Such reports, projections, forecasts, or information or services are for the sole benefit of the Company and not any unnamed third parties. ▇▇▇▇▇ assumes no responsibility or liability under this agreement other than to render the services called for hereunder and will not be responsible for any action taken by the Company in following or declining to follow any of ▇▇▇▇▇’▇ advice or recommendations. ▇▇▇▇▇ represents to the Company that ▇▇▇▇▇ has conducted its standard screening and investigation procedures with respect to the ▇▇▇▇▇ Partner becoming a partner in ▇▇▇▇▇, and the results of the same were satisfactory to ▇▇▇▇▇. ▇▇▇▇▇ disclaims all other warranties, either express or implied.
B. In the event that any partner of ▇▇▇▇▇ (including without limitation the ▇▇▇▇▇ Partner) is subpoenaed or otherwise required to appear as a witness or ▇▇▇▇▇ or such partner is required to provide evidence, in either case in connection with any action, suit, or other proceeding initiated by a third party or by the Company against a third party, then the Company shall reimburse ▇▇▇▇▇ for the costs and expenses (including reasonable attorneys’ fees) actually incurred by ▇▇▇▇▇ or such partner and provide ▇▇▇▇▇ with compensation at ▇▇▇▇▇’▇ customary rate for the time incurred.
C. The Company agrees that, with respect to any claims the Company may assert against ▇▇▇▇▇ in connection with this agreement or the relationship arising hereunder, ▇▇▇▇▇’▇ total liability will not exceed two (2) months of Project Fees.
D. As a condition for recovery of any liability, the Company must give ▇▇▇▇▇ written notice of the alleged basis for liability within thirty (30) days of discovering the circumstances giving rise thereto, in order that ▇▇▇▇▇ will have the opportunity to investigate in a timely manner and, where possible, c...
Disclaimers Limitations of Liability. A. The design of the Beta Product may be changed prior to general availability from PagePlanet Software without notice, and PagePlanet Software does not guarantee that compatibility of Beta Customer's system can or will be maintained with subsequent versions of Beta Product or Product, that may become generally available from PagePlanet Software. PagePlanet Software reserves the right to withdraw any Beta Product from Beta Testing and never release it as a commercial product.
B. THE BETA PRODUCTS AND TECHNICAL SUPPORT (IF ANY) ARE PROVIDED "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Beta Customer remains solely responsible for the design of Beta Customer's system and Beta Customer's results.
C. IN NO EVENT WILL PAGEPLANET SOFTWARE BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY BETA CUSTOMER BASED ON A THIRD PARTY CLAIM.
D. The Beta Product may not be at the level of performance, compatibility or safety of generally available PagePlanet Software products. Beta Customer understands and agrees that PagePlanet Software makes no representation or warranties regarding use of the Beta Product. Beta Customer shall have sole responsibility for adequate protection and backup of its data or equipment used in connection with the Beta Product and Beta Customer shall not claim against PagePlanet Software for lost data, re-run time, inaccurate input, work delays or lost profits resulting from the use of the Beta Product.
Disclaimers Limitations of Liability a. Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services;
b. In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefor, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s).
c. In the absence of additional coverage under (b) above, the Company’s liability shall be limited to the following:
(I) Where the claim arises from activities other than those relating to customs business, $50.00 per shipment or transaction or
(II) Where the claim arises from activities relating to “Customs business”, $50.00 per entry or the amount of brokerage fees paid to Company for the entry, whichever is less
d. In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory or punitive damages, even if it has been put on notice of the possibility of such damages, or for the acts of third parties.
Disclaimers Limitations of Liability. (a) Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services or those of any third party.
(b) In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefore, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s);
(c) In the absence of additional coverage under (b) above, the Company’s liability shall be limited to the following:
(i) where the claim arises from activities other than those relating to customs business, $50.00 per shipment or transaction; or,
(ii) where the claim arises from activities relating to “Customs Business,” $50.00 per entry or the amount of brokerage fees paid to Company for the entry, whichever is less; or,
(d) In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory or punitive damages even if it has been put on notice of the possibility of such damages, or for the acts of third parties. Company shall not be liable for loss, damage, delay or monetary losses of any type caused by: acts of God, public authorities acting with actual or apparent authority; strikes; labor disputes; weather; mechanical failures ;civil commotions; acts or omissions of customs or quarantine officials; the nature of the shipment’s goods or any defects thereof; public enemies; hazards incident to a state of war; acts of terrorism; and acts, defaults or omissions of the shipper or consignee for failure to observe the terms and conditions of the contract of carriage, including but not limited to, improper packing, marking, incomplete/inaccurate shipping instructions and the rules relating to freight not acceptable for transportation or freight acceptable only under certain conditions.
Disclaimers Limitations of Liability iPhysicianHub does not represent or warrant that the GroupMessage™ service will be uninterrupted or error-free, that defects will be corrected, or that the GroupMessage™ service or the server or network or datacenter that makes it available, are free of viruses or other harmful components. iPhysicianHubTM does not warrant or represent that the use or the results of the use of the GroupMessage™ service or the materials made available as part of the GroupMessage™ service will be correct, accurate, timely, or otherwise reliable. User acknowledges and agrees that iPhysicianHubTM does not, and shall have no obligation to monitor or inspect all data transmitted by the users or record keeping, or security or other back-ups of transaction information. User specifically agrees that iPhysicianHub shall not be responsible for unauthorized access to or alteration of User’s transmissions or data, or any material or data sent or received or not sent or received, through GroupMessage™. iPhysicianHub’s total liability for damages of any kind related to this agreement is limited to INR 1.