Our Liability. To the fullest extent permitted by applicable law, (1) You agree that We and HomeServe, and both of our respective parents, successors, affiliates, approved technicians and our and their officers, directors, employees, affiliates, agents, contractors or similar parties acting on behalf of either Us or HomeServe shall not be liable to You or anyone else for: (a) any actual losses or direct damages that exceed the lowest applicable per repair benefit limit set out above relating to any repairs performed by Us, HomeServe or on behalf of either Us or HomeServe or services provided hereunder giving rise to such loss or damage; or (b) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, damages based on anticipated or lost profits, wages, or revenue, or damages based on diminution in value or a multiple of earnings, including those caused by any fault, failure, delay or defect in providing any repairs performed by Us, HomeServe or on behalf of either Us or HomeServe or services provided under this Service Agreement, regardless of whether such damages were foreseeable and whether or not We or HomeServe or anyone acting on behalf of either Us or HomeServe have been advised of the possibility of such damages (the damages listed in clauses (a) and (b), collectively the “Excluded Damages”); and (2) these limitations and waivers shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Service Agreement. You may have other rights that vary from state to state. Arbitration: YOU, AMT AND HOMESERVE ALL AGREE TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT as follows:
Our Liability. If B9 does not debit or credit your Linked Account, debit card or B9 Account in accordance with these Terms of Service, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
Our Liability. The Consumer Guarantees Act 1993 will not apply in respect to any goods and services which we provide if you require the goods or services for the purpose of a business as defined in the Act. The implied warranties of merchantability and fitness for a particular purpose are also excluded. Where services are not required for the purposes of a business as defined in the Consumer Xxxxxxxxxx Xxx 0000 the limitations in this Section are subject to the limitations in that Act. PEOPLE'S REPUBLIC OF CHINA
Examples of Our Liability in a sentence
Our Liability - A minimum amount of premium may be paid to the agent in exchange for temporary life insurance as discussed above in the Temporary Insurance Agreement section.
Section 9- Liability The following replaces item 4 in the subsection entitled "Our Liability": the amount of any other actual direct loss or damage arising from our negligence or breach of this Agreement up to the greater of U.S. $100,000 (or equivalent) or 125% of the charges for the Product or Service that is the subject of the claim.
Add the following as item 5 in the subsection entitled "Our Liability": any breach of the obligations implied by Section 12 of the Sales of Goods Xxx 0000 or Section 2 of the Supply of Goods and Services Xxx 0000.
CENTRAL AFRICA The following terms apply to all countries in Central Africa: Section 9- Liability The following replaces item 4 in the subsection entitled "Our Liability": the amount of any other actual direct loss or damage arising from our negligence or breach of this Agreement up to the charges for the Product or Service that is the subject of the claim.
The following replaces the fourth item in the subsection entitled "Our Liability": The amount of any other actual direct loss or damage arising from our negligence or breach of this Agreement up to the greater of U.S. $100,000 (or equivalent) or 125% of the charges for the Product or Service that is the subject of the claim.
More Definitions of Our Liability
Our Liability. We will not be liable, for instance: • If, through no fault of ours, you do not have enough money in your account to make a requested transfer; If the Online Banking equipment or software was not working properly and you knew about the breakdown when you started the transfer; • If circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we have taken.
Our Liability. We will exercise reasonable care to prevent the admission of any unauthorized person to the Box, loss or damage caused by the failure of the doors or locks of the vault in which the Box is located to operate, wrongful acts of persons having a right-of-access, and to otherwise prevent loss from fire, water, fire suppression system malfunction, radiation, forces of nature, acts of God or any other cause whatsoever. We have no control or possession over the contents of the Box. We are responsible only for ordinary diligence in preventing access of the Box by unauthorized persons and shall not be held liable for the loss or alleged loss of its contents. Access of the Box by any unauthorized person shall not be inferred from loss or destruction of any of its contents. You shall hold us harmless and indemnify us for all costs, payments, damages and expenses incurred by us for any reason as a result of any claim, lawsuit or other action related to: (1) the contents of the Box, (2) the payment of any tax or other fee or penalty imposed by federal or state law, and (3) a renter or agent of a renter's failure to comply with the terms of this Agreement.
Our Liability. If we do not properly complete a transaction according to this Agreement, we will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. We will not be liable if: your account contains insufficient funds for the transaction; circumstances beyond our control prevent the transaction; your loss is caused by you or another financial institution’s negligence; or your account funds are subject to legal process or other claim. We will not be liable for consequential damages, except liability for wrongful dishonor. We exercise ordinary care if our actions or non-actions are consistent with applicable state law, Federal Reserve regulations and operating letters, clearinghouse rules, and general banking practices followed in the area we serve. You grant us the right in making payments of deposited funds to rely exclusively on the form of the account and the terms of this Account Agreement. Any conflict between what you or our employees may say or write will be resolved by reference to this Agreement.
Our Liability. Our duty under this Agreement is limited to the exercise of ordinary diligence in preventing access of Box by unauthorized persons, and we shall not be held liable for the loss or alleged loss of the contents of the Box. Loss or disappearance of, or damage to, the contents of the Box shall not be evidence of unauthorized access nor shall it create a presumption that the Credit Union has not exercised ordinary diligence. We shall not be liable for loss by fire, theft, burglary, robbery, or any other cause unless we fail to exercise reasonable care. Under no circumstances will we be liable for any loss due to flood, forces of nature, or acts of God, or if we close our offices or otherwise restrict access due to an emergency. You shall hold us harmless and indemnify us for: (1) all costs, payments, damages and expenses incurred by us for any reason as a result of any claim, lawsuit or other action related to the contents of the Box, (2) the payment of any tax or other fee or penalty imposed by federal or state law, and (3) a renter or agent of a renter's failure to comply with the terms of this Agreement.
Our Liability. “Discharging Liabilities arising under an Arrangement”, “Data Protection and Confidentiality”, “Third Party Rights”, “Law and Legal Proceedings “and “Advice and Information” will be unaffected by the termination of the Agreement and the ending of the relationship between you and us or the termination of any of the Services and will remain in full force and effect.
Our Liability. To the extent permitted by law You agree: • That We and all Our, successors, affiliates, approved technicians, and their officers, employees, agents, and contractors shall not be liable to You or anyone else for (a) any actual losses or direct damages or (b) any amount of any form of indirect, special, punitive, incidental, or consequential losses or damages, including those caused by any fault, failure, delay or defect in providing services under this Service Agreement and • These limitations and waivers shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Service Agreement.
Our Liability. Our liability under these Terms of Use is limited in a few different ways: First, we will not be liable for all or any claims made for a particular project in excess of the amount of money you pay us for that project in the aggregate; and we will not have any liability for our provision of a service in excess of the amount of money you pay us for that service; second, we will not have any liability for any matter beyond our reasonable control such as third party software failures, telecommunications network faults, non-performance or interruptions of software, hardware failures, service failures caused by third parties (including failures of Amazon or Salesforce services), adverse weather events and labour disputes; third, we will not be liable for software bugs, non-performance or downtime of software, applications or hardware, or for loss of profits, loss of revenue, loss of or unauthorised access to or alteration, deletion of, or failure to store, content or data, or for loss of goodwill, losses connected with software crashes and other unintended consequences of using our software or services, or other indirect or consequential losses even if we were advised of the possibility or likelihood of those losses; and fourth for any breach by us of any applicable guarantee under schedule 2 to the Competition and Consumer Act 2010 (Cth)(aka the Australian Consumer Law) our liability will be limited to one or more of the following as determined by us: if the liability concerns goods, (i) the replacement of the goods, or the re-supply of the goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and if the liability concerns services: (i) the supplying of the services again; or (ii) the payment of the cost of supplying the services again. You must indemnify us for any loss or damage we incur arising out of or relating to any third party claim concerning your use of our services, your breach of these Terms of Use, your content or a dispute between you and any third party. Notwithstanding anything in these Terms of Use to the contrary, you will not be responsible for indemnifying us for any claim, damage, or liability, if caused by us or our employee’s, agent’s, or contractor’s negligence or intentional misconduct.