RISKS OF USE Clause Samples
The "Risks of Use" clause defines the allocation of responsibility for any risks or damages that may arise from the use of a product, service, or information provided under the agreement. Typically, this clause clarifies that the user assumes certain risks associated with usage, such as potential data loss, system failures, or unintended consequences, and may limit the provider's liability for such events. Its core practical function is to protect the provider from legal claims related to the user's experience, ensuring that users are aware of and accept the inherent risks involved.
RISKS OF USE. You agree that the use of the Card is at your own risk and you shall assume all risks incidental to or arising out of the use of the Card.
RISKS OF USE. It is the sole responsibility of BUYER to determine whether FILM is appropriate and safe for his/her intended use or application. Before using FILM, BUYER must make his/her own determination and assessment of the suitability and safety of FILM for the specific use in question and is advised to heed all warnings and instructions but is further advised against relying exclusively on the information contained herein as it may relate to specific use or application. Crop injury, lack of performance, or other unintended consequences may result from use of the FILM in a manner inconsistent with instructions, from abnormal growing conditions, e.g., unfavorable temperatures or soil conditions, excessive rainfall, drought, presence of other materials in or near the surrounding environment, the manner of application of FILM or other factors, all of which are beyond the control of IMAFLEX. It is the sole and ultimate responsibility of the BUYER to ensure that FILM is suited for BUYER’S intended use and specific application. OTHER THAN SET FORTH ABOVE, IMAFLEX MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER EXPRESS OR IMPLIED WARRANTY. FILM IS AFFECTED BY THE MANNER OF INSTALLATION AND APPLICATION, INTENSITY AND DURATION OF EXPOSURE TO ENVIRONMENTAL CONDITIONS, PARTICULARLY UV RADIATION IN SUNLIGHT, AS WELL AS THE TYPE AND QUANTITY OF CHEMICALS USED IN THE AGRICULTURAL PROCESS. FOR THESE REASONS, IMAFLEX DISCLAIMS ALL RESPONSIBILITY FOR OPEN FIELD USAGE AND LONGEVITY OF FILM IN THE FIELD AND CONSEQUENCES WHICH MAY OCCUR PRIOR TO, DURING OR AFTER FILM'S USAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE AND EXLCUSIVE REMEDY FOR LOSSES RESULTING FROM THE USE OF THIS FILM, (INCLUDING CLAIMS BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORIES) IS LIMITED TO, AT IMAFLEX’S SOLE ELECTION, 1) REFUND OF PURCHASE PRICE PAID BY BUYER OR USER FOR FILM OR 2) REPLACEMENT OF AMOUNT OF FILM USED. TO THE FULLEST EXTENT PERMITTED BY LAW, IMAFLEX SHALL NOT BE LIABLE FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND. Any technical advice furnished by IMAFLEX with respect to FILM or its use is given without charge, and IMAFLEX assumes no obligation or liability for the advice given, or the results obtained, all such advice being given and accepted at the BUYER'S sole risk. The terms of the Warranty Disclaimer and this Limitations of Remedies cannot be varied by any written or verbal stateme...
RISKS OF USE. Telecommunication channels or the internet may be monitored by other people and an authorised person’s personal details (including their password) recorded without that authorised person’s or our knowledge. If an authorised person’s computer system causes:
(a) any damage whatsoever to our computer system; or
(b) us any loss, including from any virus, you will be responsible and indemnify us for any costs we incur as a result.
RISKS OF USE