Liability Exclusions. REGARDING ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES, THE WORK PRODUCT, OR THE CORPORATION’S TECHNOLOGY, UNDER NO CIRCUMSTANCES (EXCEPT AS PROVIDED IN SECTION 9.1) WILL SCOUT TALENT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF CONTRACTS; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; DAMAGE TO REPUTATION AND/OR GOODWILL; OR LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF THE CLIENT OR ANY THIRD PARTY ARISING OUT OF ANY BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY CONDITIONS OR OTHER TERM, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, OTHER LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
Appears in 1 contract
Sources: Services Agreement
Liability Exclusions. REGARDING ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES, THE WORK PRODUCT, OR THE CORPORATION’S TECHNOLOGY, UNDER NO CIRCUMSTANCES (EXCEPT AS PROVIDED IN SECTION 9.1) WILL SCOUT TALENT MAGENTO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; FOR: LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF CONTRACTS; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; DAMAGE TO REPUTATION AND/OR LOSS OF GOODWILL; OR LOSS OF REPUTATION; LOSS OF, DAMAGE TO, TO OR CORRUPTION OF DATA; OR CONSEQUENTIAL OR INDIRECT LOSS OR SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, WHERE SUCH LOSS OR DAMAGE IS ALSO OF A CATEGORY OF LOSS OR DAMAGE ALREADY LISTED), WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF THE CLIENT LICENSEE, MAGENTO OR ANY THIRD PARTY ARISING OUT OF ANY BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY CONDITIONS OR OTHER TERM, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, OTHER LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
Appears in 1 contract
Sources: End User License Agreement
Liability Exclusions. REGARDING ALL CLAIMS ARISING OUT NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR BREACH OF THE LICENSES OR RELATED RESTRICTIONS CONTAINED HEREIN OR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. SAVE FOR THE FOREGOING, NEITHER PARTY ACCEPTS AND EACH PARTY HEREBY EXCLUDES ANY LIABILITY FOR LOSS OF OR RELATED DAMAGE TO TANGIBLE PROPERTY OTHER THAN THAT CAUSED BY ITS NEGLIGENCE AND HEREBY EXCLUDES ANY OTHER LIABILITY FOR NEGLIGENCE ARISING PURSUANT TO THE TERMS OF THIS AGREEMENT, THE SERVICES, THE WORK PRODUCT, OR THE CORPORATION’S TECHNOLOGY, . UNDER NO CIRCUMSTANCES (EXCEPT AS PROVIDED IN SECTION 9.1) WILL SCOUT TALENT EITHER PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; FOR: LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF CONTRACTS; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; DAMAGE TO REPUTATION AND/OR LOSS OF GOODWILL; OR LOSS OF REPUTATION; LOSS OF, DAMAGE TO, TO OR CORRUPTION OF DATA; OR CONSEQUENTIAL OR INDIRECT LOSS OR SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, WHERE SUCH LOSS OR DAMAGE IS ALSO OF A CATEGORY OF LOSS OR DAMAGE ALREADY LISTED), WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF THE CLIENT LICENSEE, EBAY ENTERPRISE OR ANY THIRD PARTY ARISING OUT OF ANY BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY CONDITIONS OR OTHER TERM, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, OTHER LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
Appears in 1 contract
Sources: End User License Agreement
Liability Exclusions. REGARDING ALL CLAIMS ARISING OUT NOTWITHSTANDING ANY OTHER PROVISION OF OR RELATED THESE TERMS OF USE AND TO THIS AGREEMENTTHE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE WORK PRODUCT, OR THE CORPORATION’S TECHNOLOGY, IN NO EVENT AND UNDER NO CIRCUMSTANCES (EXCEPT AS PROVIDED IN SECTION 9.1) WILL SCOUT TALENT WEX BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR LIABILITY (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL AND PUNITIVE DAMAGES; LOSS ) ARISING FROM, CONNECTED WITH OR RELATING TO THESE TERMS OF REVENUE; LOSS USE, THE SUBJECT MATTER OF ACTUAL THESE TERMS OF USE OR ANTICIPATED PROFITS; LOSS OF CONTRACTS; LOSS YOUR USE OF THE USE WEBSITE (INCLUDING WEX CONTENT) UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY AND STATUTORY LIABILITY), REGARDLESS OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; DAMAGE TO REPUTATION AND/ANY NEGLIGENCE OR GOODWILL; OTHER FAULT OR LOSS OFWRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY WEX, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE FOR THE LOSS, DAMAGE TOOR LIABILITY, EVEN IF WEX KNOWS OR CORRUPTION OF DATA, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OUGHT TO HAVE KNOWN OF THE CLIENT POSSIBILITY OF THE LOSS, DAMAGE OR ANY THIRD PARTY ARISING OUT LIABILITY BEING INCURRED, AND REGARDLESS OF ANY BREACH WHETHER OR FAILURE OF EXPRESS NOT THE LOSS, DAMAGE OR IMPLIED WARRANTY CONDITIONS OR OTHER TERM, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, OTHER LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISEWAS FORESEEABLE.
Appears in 1 contract
Sources: Website Terms of Use