Disclaimer of Warranty and Limitation of Liability Sample Clauses

Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, the existence of any latent or patent defects, viruses, or the accuracy or freedom from error, of the data or the program used by or furnished to the Bank or to you by licenser or others, in connection with the System or Service(s) provided to you under this Agreement. Without limiting the generality of the foregoing, the Bank makes no representation or warranty, express or implied, against any infringement of any proprietary rights of any other party. You assume the entire risk as to the quality and performance of the System, the suitability of the Service, and with respect to any documentation. This paragraph shall survive the termination of this Agreement by either account holder or the Bank, and also limits the liability of any agent, employee or affiliate of the Bank. We do not and cannot warrant that the System will operate without errors, or that any or all Service(s) will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to the System, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event, unless specifically stated otherwise in this Agreement, shall the liability of the Bank and its affiliates exceed the amounts paid by you for the services provided to you through the System.
Disclaimer of Warranty and Limitation of Liability. NO WARRANTIES OF ANY KIND INCLUDING ANY WARRANTY REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSED OR ARE TO BE IMPLIED IN THE TRANSACTION EVIDENCED BY THIS AGREEMENT. IN CASES WHERE TRUSTWAVE HAS ISSUED AND MANAGED A CERTFICATE IN COMPLIANCE WITH THE EV GUIDELINES IN THE CASE OF EV CERTIFICATES (AS HEREINAFTER DEFINED) AND ITS POLICIES AS SET FORTH IN THE ITS CPS (AS HEREINAFTER DEFINED), TRUSTWAVE SHALL NOT BE LIABILE TO THE RELYING PARTY OR ANY OTHER THIRD PARTIES FOR ANY LOSSES SUFFERED AS A RESULT OF USE OR RELIANCE ON SUCH CERTIFICATE BEYOND THOSE SPECIFIED IN TRUSTWAVE’S CPS. IN CASES WHERE TRUSTWAVE HAS NOT ISSUED OR MANAGED A CERTIFICATE IN COMPELTE COMPLIANCE WITH THE GUIDELINES, IN THE CASE OF EV CERTIFICATES, OR ITS CPS, ITS LIABILITY FOR DAMAGES FOR ANY CAUSE OF ACTION OR LEGAL THEORY INVOLVED FOR ANY AND ALL CLAIMS, LOSSESS OR DAMAGES SUFFERED AS A RESULT OF THE USE OR RELIANCE ON SUCH CERTIFICATE BY ANY APPROPRIATE MEANS SHALL IN NO CIRCUMSTANCES EXCEED $2,000.00 PER CERTIFICATE. THE PARTIES AGREE THAT IN NO EVENT SHALL TRUSTWAVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF DATA, OR OTHER INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE RELYING PARTY’S RELIANCE ON A CERTIFICATE OR OTHERWISE IN CONNECTION WITH THE USE, DELIVERY, LICENSE, PERFORMANCE, OR NONPERFORMANCE OF CERTIFICATES, DIGITAL SIGNATURES, OR ANY OTHER TRANSACTIONS OR SERVICES OFFERED OR CONTEMPLATED BY THIS AGREEMENT OR THE CPS. As used herein, the “Guidelines” means the Guidelines for Extended Validation Certificates (“EV”), as adopted by the CA/Browser Forum, as amended, revised and updated from time to time.
Disclaimer of Warranty and Limitation of Liability. We make no warranty, of any kind, in connection with the Internet Banking Service or Mobile Banking. We do not and cannot warrant the Internet Banking Service or Mobile Banking will operate without errors, or that any or all of the services will be available and operational at all times. You understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming. Subject to applicable law and this Agreement, in no event shall the Bank or its officers, directors, employees, agents or contractors be liable for any direct, indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use or access to the Internet Banking Service or Mobile Banking, including, but not limited to attorneys’ fees and costs, loss of profits, revenue, data or use by you or any third party regardless of the nature of the claims. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for example, if any of the following occurs:
Disclaimer of Warranty and Limitation of Liability. Each party shall be responsible for its own facilities and personnel provided or used in the performance of this Agreement. Neither the Cooperative nor the Customer shall be responsible to the other party for damage to or loss of any property, wherever located, unless the damage or loss is caused by its own negligence or intentional conduct or by the negligence or intentional conduct of that party’s officers, employees, or agents, in which case the damage or loss shall be borne by the responsible party. Neither party shall be responsible or liable to the other or to any other party for any indirect, special or consequential damages, or for loss of revenues from any cause.
Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the CorpLink Services provided to you under this Agreement. We do not and cannot warrant that CorpLink will operate without errors, or that any or all CorpLink Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to CorpLink, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Bank and its affiliates exceed the amounts paid by you for the services provided to you through CorpLink. Also, if your statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was made available to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. We hold no liability for fraudulent transactions that occur as a result of client credentials and/or computing systems being compromised.
Disclaimer of Warranty and Limitation of Liability. Stoneridge Electronics Ltd gives no warranties with respect to the Program licensed hereunder and all implied warranties, including warranty of merchantability and fitness for purpose are hereby excluded. IN NO EVENT WILL STONERIDGE ELECTRONICS LTD BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES EVEN IF STONERIDGE ELECTRONICS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE MAXIMUM LIABILITY STONERIDGE ELECTRONICS LTD SHALL BE LIMITED TO REFUND TO THE CUSTOMER OF THE PRICE PAID BY THE CUSTOMER FOR THE PROGRAM.
Disclaimer of Warranty and Limitation of Liability. DISCLAIMER OF WARRANTIES. THE SDK, DOCUMENTATION AND ANY SERVICES PROVIDED BY LICENSOR ARE DELIVERED “AS IS,” AND “AS AVAILABLE” AND LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITATION, LICENSOR DOES NOT WARRANT THAT THE SDK IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, AND NO WARRANTY IS PROVIDED FOR USE OF THE SDK ON A PLATFORM (HARDWARE AND/OR SOFTWARE) NOT SPECIFIED IN THE APPLICABLE DOCUMENTATION OR FOR WHICH THE SDK HAS NOT BEEN LICENSED. LICENSOR DOES NOT WARRANT THAT THE SDK, ANY DOCUMENTATION OR SERVICES, OR THE FUNCTIONS CONTAINED THEREIN, IN WILL BE CORRECT, UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. THE SDK, DOCUMENTATION AND THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. LICENSOR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. LICENSOR DOES NOT WARRANT THE RESULTS OF USE OF THE SDK, DOCUMENTATION OR THE SERVICES. EACH PARTY ACKNOWLEDGES THAT IT HAS RELIED ON NO REPRESENTATIONS OR WARRANTIES OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS AGREEMENT. Exclusion of Consequential Damages. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER ECONOMIC ADVANTAGE AND ANY NON-ECONOMIC LOSSES, EVEN IF IT HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Limitation of Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSOR’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES OR EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, AGENCY, WARRANTY, TRESPASS, OR ANY OTHER THEORY OF LIABILITY, WILL BE LIMITED TO THE ONE THOUSAND DOLLARS ($1000.00). SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OF DAMAGES IN CERTAIN CIRCUMSTANCES, IN WHICH CASE, THIS LIMITATION MIGHT NOT APPLY, Allocation of Risk and Material Term. THIS SECTION WILL SURVIVE TERMINATION OF THE AGREEMENT. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS...
Disclaimer of Warranty and Limitation of Liability. This Tool is provided “as is” without warranty of any kind, either express or implied. SPTF, 60 Decibels and FINCA International do not warrant that the data, metrics, questions and functions contained in the tool are complete, accurate or error-free; that they will meet licensee’s requirements; or that operation and access will be uninterrupted. To the fullest extent permitted by law, SPTF, 60 Decibels and FINCA International shall not be liable for special, indirect, incidental, or consequential damages with respect to any claim based on or arising from this Agreement or the Tool, even if SPTF or 60 Decibels is advised of the possibility of such damages. Licensee agrees that SPTF, 60 Decibels and FINCA International have no obligation to provide Licensee any maintenance, support, or updated services or programs. Should SPTF, 60 Decibels or FINCA International provide access to and use of any revised or updated versions of the Tool, Licensee agrees that this Agreement shall apply to such revised or updated versions.
Disclaimer of Warranty and Limitation of Liability. Divestee makes no representations or warranties with respect to the provision of Transition Services pursuant to this Agreement, whether express or implied. DIVESTEE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL DIVESTEE BE LIABLE FOR ANY DAMAGES ARISING FROM THE PROVISION OF TRANSITION SERVICES HEREUNDER EXCEPT AS A RESULT OF DIVESTEE'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND IN NO EVENT WILL DIVESTEE BE LIABLE FOR LOST PROFITS OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES.
Disclaimer of Warranty and Limitation of Liability. ImagicTV will use its reasonable endeavours to provide Technical Support services promptly within the guidelines set out above in Paragraphs 6, 7, 8 and 9, but no warranty is given in respect of any times for response or rectification by ImagicTV and time will not be of the essence. ImagicTV is not liable for any delay arising from any industrial dispute or any cause outside its reasonable control and the Response Time will be subject to reasonable extension in the event of such delay. ImagicTV will not be responsible to assist NBTel in achieving any results from the DTV Manager System which are not set out in the Product Description, however, as such services are outside the scope of this Agreement and will, at NBTel's request and at ImagicTV's option, be provided at ImagicTV's then current rates for such services. Provision of Technical Support services does not imply any guarantee that ImagicTV will be successful in rectifying Program Errors and ImagicTV will not be liable for any damages arising out of contract, or tort, including direct, indirect, special and consequential damages.