Common use of Disclaimer, Limitation of Liabilities and Risk of Internet Usage Clause in Contracts

Disclaimer, Limitation of Liabilities and Risk of Internet Usage. TWI WILL NOT BE RESPONSIBLE OR LIABLE FOR (i) ANY FALSIFICATIONS OR INACCURACIES IN ANY OF THE INFORMATION PUBLISHED PURSUANT TO THIS agreement, (ii) ANY ACT OR FAILURE TO ACT WITH RESPECT TO THE PUBLICATION OF PAGES ON THE INTERNET OR CREATION OR FUNCTIONALITY OF THE INTERFACE UNLESS EXPRESSLY SET FORTH HEREIN, (iii) ALL CLAIM, DAMAGE, OR LIABILITY OF ANY NATURE ARISING OUT OF A COMPUTER OPERATOR'S ACCESS TO PARTICIPANT'S RESERVATION SYSTEM AND/OR THE MAKING, CHANGING OR CANCELING OF A RESERVATION AND THE USE OF A CREDIT CARD OR OTHER DEBIT DEVICE IN CONNECTION THEREWITH, OR (iv) ANY CLAIM RESULTING FROM ANY INTERRUPTION, MALFUNCTION OR CHANGE IN THE USE OF THE INTERNET, EXCEPT TO THE EXTENT RESULTING FROM TWI'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, GOOD AND WORKMANLIKE PRODUCT OR SERVICE OR OTHERWISE ARE DISCLAIMED BY TWI AND WAIVED BY PARTICIPANT. PARTICIPANT ACKNOWLEDGES AND AGREES THAT ALLOWING ACCESS TO ITS RESERVATION SYSTEM TO COMPUTERS ACCESSING THE INTERNET VIA TRAVELWEB IS AT PARTICIPANT'S OWN RISK. Participant acknowledges and agrees that the Internet is a communication medium over which TWI has no control and that its continued utilization in its present form current costs is uncertain. Therefore, if at any time during the term of this agreement, the cost of access to the Internet by TWI increases or there is imposed a fee or cost for access or use of the Internet communication lines, or there is imposed any law, governmental ruling, or regulation the result of which increases the cost of access to or usage of the Internet otherwise makes it impractical, in TWI's sole discretion, to continue to perform this agreement, TWI, may upon notice to Participant, immediately terminate this agreement with such action constituting an event of default. TWI shall not be liable for any breach of this agreement resulting from an act of God, accidents, power or telecommunication outages, delays, mechanical defects or other events beyond its control. TWI's only liability for its errors on the published pages shall be to correct the information on the pages within seven days of notice from Participant.

Disclaimer, Limitation of Liabilities and Risk of Internet Usage. TWI EXCEPT TO THE EXTENT RESULTING FROM PEGASUS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PEGASUS WILL NOT BE RESPONSIBLE OR LIABLE FOR (i) ANY FALSIFICATIONS OR INACCURACIES IN ANY OF THE INFORMATION PUBLISHED PROCESSED OR DISTRIBUTED PURSUANT TO THIS agreementAGREEMENT, (ii) ANY CLAIMS OF LIABILITY OF ANY NATURE ARISING OUT OF ANY RESERVATION TRANSACTION PROCESSED PURSUANT TO THIS AGREEMENT (iii) ANY ACT OR FAILURE TO ACT WITH RESPECT TO SUCH INFORMATION OR THE PUBLICATION OF PAGES ON THE INTERNET OR CREATION OR FUNCTIONALITY OF THE INTERFACE RESERVATION CAPABILITIES UNLESS EXPRESSLY SET FORTH HEREIN, (iiiiv) ALL ANY CLAIM, DAMAGE, OR LIABILITY OF ANY NATURE ARISING OUT OF A COMPUTER OPERATOR'S ACCESS TO PARTICIPANTHHC'S RESERVATION SYSTEM PRIVATE LABEL WEB SITE AND/OR THE MAKING, CHANGING OR CANCELING OF A RESERVATION AND THE USE OF A CREDIT CARD OR OTHER DEBIT DEVICE IN CONNECTION THEREWITH, OR (ivv) ANY CLAIM RESULTING FROM ANY INTERRUPTION, MALFUNCTION OR CHANGE IN THE USE OF THE INTERNETINTERNET OR A THIRD PARTY DISTRIBUTION SYSTEM. EXCEPT AS SET FORTH IN SECTION 33 BELOW, EXCEPT TO THE EXTENT RESULTING FROM TWI'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, GOOD AND WORKMANLIKE PRODUCT OR SERVICE OR OTHERWISE ARE DISCLAIMED BY TWI PEGASUS AND WAIVED BY PARTICIPANTPEGASUS. PARTICIPANT HHC ACKNOWLEDGES AND AGREES THAT ALLOWING ACCESS TO ITS RESERVATION SYSTEM TO COMPUTERS ACCESSING THE OPERATION OF A SITE ON THE INTERNET VIA TRAVELWEB IS AT PARTICIPANT'S PEGASUS' OWN RISK. Participant acknowledges and agrees that the Internet is a communication medium over which TWI has no control and that its continued utilization in its present form current costs is uncertain. Therefore, if at any time during the term of this agreement, the cost of access to the Internet by TWI increases or there is imposed a fee or cost for access or use of the Internet communication lines, or there is imposed any law, governmental ruling, or regulation the result of which increases the cost of access to or usage of the Internet otherwise makes it impractical, in TWI's sole discretion, to continue to perform this agreement, TWI, may upon notice to Participant, immediately terminate this agreement with such action constituting an event of default. TWI shall not be liable for any breach of this agreement resulting from an act of God, accidents, power or telecommunication outages, delays, mechanical defects or other events beyond its control. TWI's only liability for its errors on the published pages shall be to correct the information on the pages within seven days of notice from Participant.

Disclaimer, Limitation of Liabilities and Risk of Internet Usage. TWI WILL NOT BE RESPONSIBLE OR LIABLE FOR (i) ANY FALSIFICATIONS OR INACCURACIES IN ANY OF THE INFORMATION PUBLISHED PURSUANT TO THIS agreement, (ii) ANY ACT OR FAILURE TO ACT WITH RESPECT TO THE PUBLICATION OF PAGES ON THE INTERNET OR CREATION OR FUNCTIONALITY OF THE INTERFACE UNLESS EXPRESSLY SET FORTH HEREIN, (iii) ALL ANY CLAIM, DAMAGE, OR LIABILITY OF ANY NATURE ARISING OUT OF A COMPUTER OPERATOR'S ACCESS TO PARTICIPANT'S RESERVATION SYSTEM AND/OR THE MAKING, CHANGING OR CANCELING OF A RESERVATION AND THE USE OF A CREDIT CARD OR OTHER DEBIT DEVICE IN CONNECTION THEREWITH, OR (iv) ANY CLAIM RESULTING FROM ANY INTERRUPTION, MALFUNCTION OR CHANGE IN THE USE OF THE INTERNET, EXCEPT TO THE EXTENT RESULTING FROM TWI'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, GOOD AND WORKMANLIKE PRODUCT OR SERVICE OR OTHERWISE ARE DISCLAIMED BY TWI AND WAIVED BY PARTICIPANT. PARTICIPANT ACKNOWLEDGES AND AGREES THAT ALLOWING ACCESS TO ITS RESERVATION SYSTEM TO COMPUTERS ACCESSING THE INTERNET VIA TRAVELWEB IS AT PARTICIPANT'S OWN RISK. Participant acknowledges and agrees that the Internet is a communication medium over which TWI has no control and that its continued utilization in its present form at current costs is uncertain. Therefore, if at any time during the term of this agreement, the cost of access to the Internet by TWI increases or there is imposed a fee or cost for access to or use of the Internet communication lines, or there is imposed any law, governmental ruling, or regulation the result of which increases the cost of access to or usage of the Internet or otherwise makes it impractical, in TWI's sole discretion, to continue to perform this agreement, TWI, may upon notice to Participant, immediately terminate this agreement with without such action constituting an event of default. TWI shall not be liable for any breach of this agreement resulting from an act of God, accidents, power or telecommunication outages, outages or delays, mechanical defects or other events beyond its control. TWI's only liability for its errors on the published pages shall be to correct the information on the pages within seven (7) days of notice from Participant.

Disclaimer, Limitation of Liabilities and Risk of Internet Usage. TWI PEGASUS WILL NOT BE RESPONSIBLE OR LIABLE FOR (i) ANY FALSIFICATIONS OR INACCURACIES IN ANY OF THE INFORMATION PUBLISHED PURSUANT TO THIS agreementDISPLAYED ON CUSTOMER'S SERVICE NOT GENERATED OR CAUSED BY PEGASUS, (ii) ANY ACT OR FAILURE TO ACT WITH RESPECT TO THE PUBLICATION OF PAGES INFORMATION ON THE INTERNET OR THE CREATION OR FUNCTIONALITY OF THE INTERFACE RESERVATION CAPABILITIES UNLESS EXPRESSLY SET FORTH HEREIN, (iii) ALL ANY CLAIM, DAMAGE, DAMAGE OR LIABILITY OF ANY NATURE ARISING OUT OF A COMPUTER OPERATOR'S ACCESS TO PARTICIPANTORBITZ'S RESERVATION SYSTEM SERVICE AND/OR THE MAKING, CHANGING OR CANCELING OF A RESERVATION AND THE USE OF A CREDIT CARD OR OTHER DEBIT DEVICE IN CONNECTION THEREWITH, OR (iv) ANY CLAIM RESULTING FROM ANY INTERRUPTION, MALFUNCTION OR CHANGE IN THE USE OF THE INTERNETINTERNET OR A DISTRIBUTION SYSTEM, OR (v) ANY CLAIM, DAMAGE OR LIABILITY OF ANY NATURE ARISING OUT OF THE ONLINE DISTRIBUTION DATABASE, EXCEPT TO THE EXTENT RESULTING FROM TWI'S PEGASUS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8A.1 REPRESENTATION AND WARRANTIES, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, GOOD AND WORKMANLIKE PRODUCT OR SERVICE OR OTHERWISE ARE DISCLAIMED BY TWI AND WAIVED BY PARTICIPANTBOTH PARTIES. PARTICIPANT ORBITZ ACKNOWLEDGES AND AGREES THAT ALLOWING ACCESS TO ITS RESERVATION SYSTEM TO COMPUTERS ACCESSING THE OPERATION OF A SITE ON THE INTERNET VIA TRAVELWEB IS AT PARTICIPANTORBITZ'S OWN RISK. Participant acknowledges and agrees that the Internet is a communication medium over which TWI has no control and that its continued utilization in its present form current costs is uncertain. Therefore, if at any time during the term of this agreement, the cost of access to the Internet by TWI increases or there is imposed a fee or cost for access or use of the Internet communication lines, or there is imposed any law, governmental ruling, or regulation the result of which increases the cost of access to or usage of the Internet otherwise makes it impractical, in TWI's sole discretion, to continue to perform this agreement, TWI, may upon notice to Participant, immediately terminate this agreement with such action constituting an event of default. TWI shall not be liable for any breach of this agreement resulting from an act of God, accidents, power or telecommunication outages, delays, mechanical defects or other events beyond its control. TWI's only liability for its errors on the published pages shall be to correct the information on the pages within seven days of notice from Participant.