Common use of Representations and Warranties Limitation of Liability Clause in Contracts

Representations and Warranties Limitation of Liability. Each of us hereby represents and warrants that:  it has full power and authority to enter into this Agreement and to perform its obligations hereunder;  it has obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Agreement;  the services to be rendered by each of us under this Agreement neither infringe nor violate any patent, copyright, trade secret, trademark, or other proprietary right of any third party. OurWorld will remain solely responsible for the operation of the OurWorld website, and you will remain solely responsible for the operation of your site. Each party acknowledges that their respective sites may be subject to temporary downtime due to causes beyond their reasonable control subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site or service. EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT OURWORLD MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. NEITHER OURWORLD NOR AFFILIATE WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. OURWORLD’S ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO AFFILIATE HEREUNDER. OurWorld will be solely responsible for the operations of its product and customers who make purchases through the affiliate marketing program will be deemed customers of OurWorld. Accordingly, all rules, policies, operating procedures and information concerning customer sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice.

Representations and Warranties Limitation of Liability. Each of us hereby represents and warrants that:   it has full power and authority to enter into this Agreement and to perform its obligations hereunder;   it has obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Agreement;   the services to be rendered by each of us under this Agreement neither infringe nor violate any patent, copyright, trade secret, trademark, or other proprietary right of any third party. OurWorld ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ will remain solely responsible for the operation of the OurWorld ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ website, and you will remain solely responsible for the operation of your site. Each party acknowledges that their respective sites may be subject to temporary downtime due to causes beyond their reasonable control subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site or service. EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT OURWORLD ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. NEITHER OURWORLD ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ NOR AFFILIATE WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. OURWORLD’S IND ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇’s ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO AFFILIATE HEREUNDER. OurWorld ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ will be solely responsible for the operations of fulfilling all orders for its product products and payment processing, and customers who make purchases buy products through the affiliate marketing program Affiliate Marketing Program will be deemed customers of OurWorld▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Accordingly, all rules, policies, operating procedures and information concerning customer orders and sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice.

Representations and Warranties Limitation of Liability. Each of us hereby represents and warrants that:  it ● It has full power and authority to enter into this Agreement and to perform its obligations hereunder;  it ● It has obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Agreement;  the ● The services to be rendered by each of us under this Agreement neither infringe nor violate any patent, copyright, trade secret, trademark, or other proprietary right of any third party. OurWorld Privy will remain solely responsible for the operation of the OurWorld websitePrivy websites, and you will remain solely responsible for the operation of your site. Each party acknowledges that their respective sites may be subject to temporary downtime due to causes beyond their reasonable control subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site or service. EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT OURWORLD PRIVY AND ITS NETWORK OF WEBSITES MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. NEITHER OURWORLD PRIVY NOR AFFILIATE WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. OURWORLDPRIVY’S ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO AFFILIATE HEREUNDER. OurWorld Privy reserves the right to refuse any site entry into the Privy Affiliate Marketing Program based on site content. Sites that do not qualify for the Affiliate Marketing Program include sites which: ● Promote sexually explicit materials ● Promote violence ● Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age ● Promote illegal activities ● List coupon codes or discounts that were NOT officially provided to them by ▇▇▇▇▇. If you want to promote a coupon, contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement. ● Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of RE Data Lab, Inc., Privy or any other site. Privy strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following: ● Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of the recipient through an opt in subscription; ● Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation. ● Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner. ● Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system; ● Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or were prohibited by applicable rules, regulations, or laws. ● Privy, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions: ● Account Termination: Upon the receipt of a credible complaint, the Privy Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Privy’s discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other internal affiliate programs. If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Privy will be solely responsible for the operations of fulfilling all orders for its product products and payment processing, and customers who make purchases buy products through the affiliate marketing program Affiliate Marketing Program will be deemed customers of OurWorldPrivy. Accordingly, all rules, policies, operating procedures and information concerning customer orders and sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice. Privy hereby grants to you during the Term a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between yours and our Web Sites and to use Privy’s trade names, logos, trademarks and service marks (the "Privy Marks") on your site, or by email or other means, solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform your obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of the Privy Marks will be subject to ▇▇▇▇▇’s prior written approval. You hereby grant to Privy during the Term, a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between yours and our Websites, or by email or other means, and to use your trade names, logos, trademarks and service marks (the "Affiliate Marks") solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform our obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of the Affiliate Marks will be subject to your prior written approval. Except as set forth above, you and we each reserve all right, title and interest in respective intellectual property rights (e.g., patents, copyrights, trade secrets, trademarks and other intellectual property rights). Use of the other's marks except as set forth herein is strictly prohibited.

Representations and Warranties Limitation of Liability. Each of us hereby 15.1. Distributor represents and warrants to and covenants with the Company as of the date hereof and continuing until the termination of this Agreement that:  it has full (i) Distributor is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation; (ii) Distributor possesses all requisite power and authority and all material licenses, permits and authorizations necessary to enter into this Agreement carry on its business and to perform its obligations hereunder;  it (iii) the execution, delivery and performance of this Agreement has obtained all permits, licensesbeen duly authorized by Distributor, and other governmental authorizations the execution, delivery and approvals required for its performance under this Agreement;  the services to be rendered by each of us under this Agreement neither infringe does not conflict with any other agreement, instrument or understanding to which it is a party or by which it may be bound, nor would it violate any patent, copyright, trade secret, trademark, applicable law or other proprietary right regulation of any third party. OurWorld will remain solely responsible for court, governmental body or agency having jurisdiction over it; (iv) Distributor has complied with and is currently in compliance with all applicable state and local laws, ordinances, codes, rules, requirements, regulations and other legal requirements relating to the operation of the OurWorld website, and you will remain solely responsible for the operation of your site. Each party acknowledges that their respective sites may be subject to temporary downtime due to causes beyond their reasonable control subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site business; and (v) Distributor has not and will not make any representation or servicewarranty about the Devices, Cartridges and/or Packaging except as expressly authorized in writing by Company from time to time. 15.2. EACH PARTY SPECIFICALLY DISCLAIMS EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DEVICES, CARTRIDGES, APPLICATION, PACKAGING, AND FILLING MACHINE ARE PROVIDED “AS IS,” AND THE COMPANY EXPRESSLY DISCLAIMS, AND DISTRIBUTOR HEREBY WAIVES, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITATION OF THE FOREGOING, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT SAFETY OR HEALTH EFFECTS OF SALES THE DEVICES AND/OR CARTRIDGES, OR THE REVENUE OR PROFITABILITY THAT OURWORLD MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY DISTRIBUTOR MIGHT OBTAIN THROUGH ITS PARTICIPATION ACHIEVE AS A RESULT OF ENTERING INTO THIS AGREEMENT. 15.3. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. , NEITHER OURWORLD NOR AFFILIATE WILL BE LIABLE PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER 15.4. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY: (A) FOR ANY INDIRECT, SPECIALEXEMPLARY, PUNITIVE INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES DAMAGES, INCLUDING LOST PROFITS; (INCLUDINGB) FOR ANY MATTER BEYOND THE COMPANY’S REASONABLE CONTROL; OR (C) FOR ANY AMOUNTS THAT, WITHOUT LIMITATIONTOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, LOST PROFITS EXCEED TWO TIMES (2X) THE AGGREGATE FEES ACTUALLY PAID BY DISTRIBUTOR TO THE COMPANY FOR THE DEVICES, UNFILLED CARTRIDGES, AND PACKAGING UNDER THIS AGREEMENT OR LOST DATA) ARISING OUT RELATING TO ANY SUBJECT MATTER OF THIS AGREEMENT. OURWORLD’S ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, EVEN IF THE DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING TYPES OF LOSSES OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO AFFILIATE HEREUNDER. OurWorld will be solely responsible for the operations of its product and customers who make purchases through the affiliate marketing program will be deemed customers of OurWorld. Accordingly, all rules, policies, operating procedures and information concerning customer sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without noticeDAMAGES.

Representations and Warranties Limitation of Liability. Each of us hereby represents and warrants that:  - it has full power and authority to enter into this Agreement and to perform its obligations hereunder;  - it has obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Agreement;  - the services to be rendered by each of us under this Agreement neither infringe nor violate any patent, copyright, trade secret, trademark, or other proprietary right of any third party. OurWorld WAMS will remain solely responsible for the operation of the OurWorld WAMS website, and you will remain solely responsible for the operation of your site. Each party acknowledges that their respective sites may be subject to temporary downtime due to causes beyond their reasonable control subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site or service. EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT OURWORLD WAMS MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. NEITHER OURWORLD WAMS NOR AFFILIATE WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. OURWORLD’S WAMS’s ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO AFFILIATE HEREUNDER. OurWorld will be solely responsible for the operations of its product and customers who make purchases through the affiliate marketing program will be deemed customers of OurWorld. Accordingly, all rules, policies, operating procedures and information concerning customer sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice.

Representations and Warranties Limitation of Liability. Each of us hereby 16.1 Distributor represents and warrants to and covenants with the Company as of the date hereof and continuing until the termination of this Agreement that:  it has full (i) Distributor is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation; (ii) Distributor possesses all requisite power and authority and all material licenses, permits and authorizations necessary to enter into this Agreement carry on its business and to perform its obligations hereunder;  it (iii) the execution, delivery and performance of this Agreement has obtained all permits, licensesbeen duly authorized by Distributor, and other governmental authorizations the execution, delivery and approvals required for its performance under this Agreement;  the services to be rendered by each of us under this Agreement neither infringe does not conflict with any other agreement, instrument or understanding to which it is a party or by which it may be bound, nor would it violate any patent, copyright, trade secret, trademark, law or other proprietary right regulation of any third party. OurWorld will remain solely responsible for court, governmental body or agency having jurisdiction over it; (iv) Distributor has complied with and is currently in compliance with all applicable state and local laws, ordinances, codes, rules, requirements, regulations and other legal requirements relating to the operation of the OurWorld website, and you will remain solely responsible for the operation of your site. Each party acknowledges that their respective sites may be subject to temporary downtime due to causes beyond their reasonable control subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site business; and (v) Distributor has not and will not make any representation or service. EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) warranty about the Devices, Cartridges and/or Packaging except as expressly authorized in writing by Company from time to time. 16.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE AMOUNT OF SALES THAT OURWORLD MAY GENERATE DURING THE TERMDEVICES, CARTRIDGES, APPLICATION, PACKAGING, AND (ii) FILLING MACHINE ARE PROVIDED “AS IS,” AND THE COMPANY EXPRESSLY DISCLAIMS, AND DISTRIBUTOR HEREBY 16.3 EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER PARTY MAKES ANY ECONOMIC REPRESENTATIONS OR OTHER BENEFIT THAT WARRANTIES TO THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY RESULTS UNDER THIS AGREEMENT. NEITHER OURWORLD NOR AFFILIATE WILL BE LIABLE , INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 16.4 NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY: (A) FOR ANY INDIRECT, SPECIALEXEMPLARY, PUNITIVE INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES DAMAGES; (INCLUDINGB) FOR ANY MATTER BEYOND THE COMPANY’S REASONABLE CONTROL; OR (C) FOR ANY AMOUNTS THAT, WITHOUT LIMITATIONTOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, LOST PROFITS EXCEED THE FEES ACTUALLY PAID BY DISTRIBUTOR TO THE COMPANY FOR THE DEVICES, UNFILLED CARTRIDGES, AND PACKAGING UNDER THIS AGREEMENT OR LOST DATA) ARISING OUT RELATING TO ANY SUBJECT MATTER OF THIS AGREEMENT. OURWORLD’S ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, EVEN IF THE DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING TYPES OF LOSSES OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO AFFILIATE HEREUNDER. OurWorld will be solely responsible for the operations of its product and customers who make purchases through the affiliate marketing program will be deemed customers of OurWorld. Accordingly, all rules, policies, operating procedures and information concerning customer sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without noticeDAMAGES.