Disclaimer of Warranties and Limitation of Liability Sample Clauses

Disclaimer of Warranties and Limitation of Liability a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You. b. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You. c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Disclaimer of Warranties and Limitation of Liability. The County’s goods and services provided pursuant to this Agreement are provided “as is”, without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The Subscriber’s exclusive remedy and the County’s entire liability hereunder, if any, for any claim(s) for damages relating to the County’s data bases and, or electronic data compilations, which are made against them individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to (1) the Subscriber’s inability or failure to perform legal, professional, or other research or related work or to perform such work properly or completely, even if assisted by the County; or (2) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Subscriber’s rights hereunder or use of, or inability to use, the County’s data bases and/or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to any data base and/or electronic data compilation.

Disclaimer of Warranties and Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE EXTERNAL TRANSFERS SERVICE IS PROVIDED “AS-IS;” EXCEPT AS OTHERWISE PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY LAW. THE CREDIT UNION AND/OR ITS SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE ONLINE AND MOBILE BANKING AGREEMENT AND DISCLOSURE OF WHICH THESE TERMS AND CONDITIONS ARE A PART. THE CREDIT UNION AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Disclaimer of Warranties and Limitation of Liability. This site and all content is subject to change and is provided by us or Third Parties “as is” without any warranty or condition, and without the undertaking of any duty of any kind, express, implied, statutory or otherwise, including but not limited to any warranty or condition of merchantability, fitness for a particular purpose, non-infringement or any duty of workmanlike effort or lack of negligence. The entire risk as to satisfactory quality, performance, accuracy and effort in this site is with you. You agree that you will obtain (including via download) any content at your own risk. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "trojan horses" or other destructive materials to our site, we and Third Parties do not guarantee or warrant that our site or materials that may be downloaded from our site are free from such destructive features. We and Third Parties are not liable to you on any legal theory for any damages or harm attributable to such features. We and Third Parties are not liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services or similar damages suffered or incurred by you that results from your use of this site or your breach of any provision of these terms of use, even if we have been advised of the possibility of such damages. In the event of any problem with this site or any content, you agree that your sole remedy is to cease using this site. For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this Site or participation in or posting to on our platform, you hereby agree to release and waive any and all claims and/or liability against Wiksate and Third Parties, if any, arising from or in connection with your use of this Site. You also agree to indemnify and hold harmless Wiksate and Third Parties, if any, from and against any and all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your use of this Site or failure to abide by any applicable law. You also agree to cooperate fully in the defense of any of the foregoing.

Disclaimer of Warranties and Limitation of Liability. Provider’s Internet and/or OneNet service is provided on an “as is” and “as available” basis. Provider makes no representations or warranties of any kind, express or implied, as to the installation and operation of Provider’s equipment and network or the information, content, or materials online. You expressly agree that your use of Provider’s network and equipment is at your sole risk. Customer Service and Technical Support:

Disclaimer of Warranties and Limitation of Liability. Except for any express warranties made herein, CX-Energy makes no other warranties, express or implied, concerning the subject matter of this Agreement, including without limitation, any implied warranties of merchantability, noninfringement or fitness for a particular purpose. The value of oil and gas rights is speculative in nature and has a history of fluctuation due to the price of oil and natural gas and numerous other factors. Any opinion on the fairness of monetary offers is only an opinion, and Representatives make no predictions, guarantees or warranties that bonus payments, royalty payments, and/or the value of oil and gas interests in the future will be any greater or less than what they are now. Representatives cannot predict the future of the oil and natural gas leasing and purchasing markets. Additionally, Representatives make no guarantee, warranty, or determination on the effect that an oil and gas Lease Agreement will have on the fair market value of the property in the future, and/or Owner’s ability to sell or refinance the property. Owner agrees that it releases and shall indemnify and hold harmless CX-Energy for any losses, expenses or costs, including reasonable attorneys’ fees, arising or incurred in connection with any Lease Agreement, or any other agreement entered into pursuant to this Agreement whether in contract, to t, negligence or otherwise. In no event shall CX-Energy’s liability in connection with this Agreement exceed the Transaction Fees received by CX-Energy pursuant to this Agreement. In no event shall CX-Energy be liable for any special, incidental, indirect or consequential damages whatsoever (including but not limited to lost profits or savings) arising out of or in any way related to the Agreement regardless of whether CX-Energy has been advised of the possibility of such damages. This clause does not limit any potential professional legal malpractice liability as to M&P.

Disclaimer of Warranties and Limitation of Liability. COMPANY ACKNOWLEDGES THAT THE WORK SET FORTH IN THE RESEARCH PROJECT IS EXPERIMENTAL IN NATURE AND THAT UNIVERSITY MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, REGARDING THE RESEARCH PROJECT, RESEARCH RESULTS, THE UNIVERSITY INTELLECTUAL PROPERTY, JOINT INTELLECTUAL PROPERTY, OR OTHER RESULTS.

Disclaimer of Warranties and Limitation of Liability. THE LICENSEE AGREES THAT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. THE REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE AND ITS THIRD PARTY SOFTWARE COMPONENTS WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. IN NO EVENT SHALL THE REGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE (INCLUDING THIRD PARTY COMPONENTS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Disclaimer of Warranties and Limitation of Liability. Except for certain products and services specifically identified as being offered by MSFN, MSFN does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be deemed offensive. Subscriber agrees that MSFN has no control over and accepts no responsibility for such materials. Subscriber assumes full responsibility and risk for use of the Services and the Internet and is solely responsible for evaluating the accuracy, completeness, usefulness, and appropriateness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the Service or the Internet. The Services are provided on an “as-is” and “as-available” basis. MSFN makes no warranty, express or implied, that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. MSFN make no warranty express or implied, including but not limited to, warranties of title, non-infringement, merchantability, and fitness for a particular purpose regarding any merchandise, information or service provided through MSFN or the Internet . No advice or information given by MSFN or its representatives shall create a warranty of any kind whatsoever. MSFN and its principals or employees are not liable for any costs or damages arising directly or indirectly from Subscriber’s use of the Internet, including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages. MSFN shall not be liable for any failure of or delay in performance due to circumstances beyond its reasonable control, which may include, without limitation, Acts of God, fires, earthquakes, floods, power or technical failure, acts of any governmental body, labor disputes, changes in law, regulation or government policy, riots, war, epidemics, acts or omissions of vendors or suppliers, equipment failures or transportation difficulties. MSFN assumes no liability for performance degradation due to radio-frequency (RF) interference. MSFN assumes no liability for loss of data, revenue or other circumstances resulting from delays, non-deliveries or Service interruptions. MSFN shall not be held responsible for any damages that may occur to any other equipment or property, or any other consequential or incidental damages of any kind, whether based on contact, negligence or strict liability.