Common use of Disclaimer of Warranty and Limitation of Liability Clause in Contracts

Disclaimer of Warranty and Limitation of Liability. We do not and cannot warrant that the Services will operate without error, or that the Services will be available at all times. We will not be liable to you for any loss, damage or expense of any kind or nature caused, directly or indirectly, by the Services or by any interruption of service or loss of use thereof or for any loss of business, howsoever caused. You agree that we will have no liability if information is intercepted by an unauthorized person, either in transit or at your place of business, or if your use of the Services is interrupted, lost or delayed. THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES, IS PROVIDED “AS IS”. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE SERVICES AND ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES. THERE IS NO WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION CONTAINED IN AND/OR ACCESSED THROUGH THE SERVICES OR AGAINST INFRINGEMENT. YOU ASSUME ALL RISKS OF THE USE, RESULTS AND PERFORMANCE OF THE SERVICES. THE CREDIT UNION IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THE CREDIT UNION WILL NOT BE LIABLE FOR DIRECT DAMAGES EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. ANY LIABILITY the CREDIT UNION MAY HAVE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID THE CREDIT UNION UNDER THIS AGREEMENT FOR THE 30 CALENDAR DAYS PRIOR TO THE TIME THE CREDIT UNION INCURRED THE LIABILITY. YOU MAY NOT BRING ANY ACTION AGAINST THE CREDIT UNION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CAUSE OF ACTION. Some states/jurisdictions do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitation or exclusion may not apply to you. Except to the extent prohibited by applicable banking regulations, under no circumstances will the total liability of us or our service providers to you in connection with the Services or otherwise under this Agreement exceed $5,000.

Appears in 2 contracts

Samples: www.nasafcu.com, www.nasafcu.com

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Disclaimer of Warranty and Limitation of Liability. We do not and cannot warrant To the full extent allowed by applicable law, the COMPANY makes no warranty or representation regarding the Site, including that the Services Site will operate without errormeet your requirements or will work in combination with any hardware or software provided by third parties, that the service will be uninterrupted, problem, virus or error free, or that all errors in the Services service will be available at all times. We will not be liable to you for any loss, damage or expense of any kind or nature caused, directly or indirectly, by the Services or by any interruption of service or loss of use thereof or for any loss of business, howsoever causedcorrected. You acknowledge and agree that we will have no liability the COMPANY provides the Site “as is” and “as available”. To the full extent allowed by applicable law, the COMPANY’s warranties and remedies (if information is intercepted by an unauthorized personany) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in transit fact or at your place by operation of businesslaw, statute, custom, oral or if your use written statements or otherwise, including, but not limited to, the implied warranties of the Services is interruptedmerchantability, lost or delayedavailability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, all of which are expressly disclaimed. TO THE SERVICESFULL EXTENT ALLOWED BY APPLICABLE LAW, INCLUDINGIN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND OTHER ENTITIES, ITS DIRECTORS, ADMINISTRATORS, OFFICERS, EMPLOYEES, SUPPLIERS AS WELL AS ANY OTHER PERSON ACTING ON BEHALF OF THE COMPANY OR THIRD PARTIES WITH WHOM THE COMPANY ASSOCIATES ITSELF FROM TIME TO TIME (COLLECTIVELY “THE PARTIES”), BE LIABLE IN ANY WAY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING BUT NOT LIMITED TO, ANY SOFTWARE AND/NEGLIGENCE) OR APPLICATION RELATED TO AND/STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR USED TO ACCESS THE SERVICES, IS PROVIDED “AS IS”. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO OTHER WARRANTY PUNITIVE DAMAGES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE SERVICES AND ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES. THERE IS NO WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION CONTAINED IN AND/OR ACCESSED THROUGH THE SERVICES OR AGAINST INFRINGEMENT. YOU ASSUME ALL RISKS OF THE USE, RESULTS AND PERFORMANCE OF THE SERVICES. THE CREDIT UNION IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF REVENUE OR PROFITS, REVENUE LOSS OF BUSINESS OR DATAGOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE’S SERVICE, WHETHER IN AN ACTION IN CONTRACTFORESEEABLE OR NOT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE, AND EVEN IF SUCH PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF THOSE SUCH DAMAGES. IN THE CREDIT UNION WILL NOT BE EVENT THAT THE PARTIES ARE FOUND LIABLE FOR DIRECT TO PAY YOU ANY DAMAGES EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. ANY OR OTHER REMEDIES, THE PARTIES’ TOTAL CUMULATIVE LIABILITY the CREDIT UNION MAY HAVE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT TO YOU PAID THE CREDIT UNION UNDER THIS AGREEMENT FOR SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CA). IF YOU ARE UNHAPPY OR DISSATISFIED WITH THE 30 CALENDAR DAYS PRIOR SITE OR ITS CONTENT, OR IF YOU DO NOT ADHERE TO THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE TIME THE CREDIT UNION INCURRED THE LIABILITYSITE. YOU MAY NOT BRING ANY ACTION AGAINST THE CREDIT UNIONBy using this Site, REGARDLESS OF FORMyou agree to assume complete responsibility for all the risks associated with your use of the Site, ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CAUSE OF ACTION. Some states/jurisdictions do including but not allow the exclusion or limitation of incidentallimited to, consequential, or other damages, so the above limitation or exclusion may not apply to you. Except responsibility for all charges related to the extent prohibited by applicable banking regulations, under no circumstances will maintenance or repairs of the total liability material that you employ as part of us or our service providers to you in connection with the Services or otherwise under your use of this Agreement exceed $5,000Site.

Appears in 2 contracts

Samples: Terms and Conditions of Use, Terms And

Disclaimer of Warranty and Limitation of Liability. We do not and cannot warrant that the Services will operate without error, or that the Services will be available at all times. We will not be liable to you for any loss, damage or expense Use of any kind or nature caused, directly or indirectly, by the Services or by any interruption of service or loss of use thereof or for any loss of business, howsoever caused. You agree that we will have no liability if information this Site is intercepted by an unauthorized person, either in transit or entirely at your place of businessown risk and is subject to all applicable state, or if your use of the Services is interrupted, lost or delayednational and international laws and regulations. THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES, IS ALL MATERIALS ON THIS SITE ARE PROVIDED "AS IS”. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO OTHER " WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED EXPRESS OR IMPLIED, REGARDING INCLUDING BUT NOT LIMITED TO THE SERVICES AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. NEITHER NUTRI VENTURES USA, INC. NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY SOFTWARE DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF, THE SITE; (B) ANY PRODUCTS, SERVICES, INFORMATION, ACTIVITIES, AND/OR APPLICATION RELATED TO AND/MATERIALS AVAILABLE ON OR USED TO ACCESS THROUGH THE SERVICES. THERE IS NO WARRANTY SITE; (C) ANY BREACHES OF SECURITY INVOLVING THE SITE OR YOUR ACCOUNT, OR ANY LACK OF AVAILABILITY OR OPERATIONAL PROBLEM OF, THE SITE; OR (D) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION CONTAINED IN AND/OR ACCESSED THROUGH THE SERVICES OR AGAINST INFRINGEMENT. YOU ASSUME ALL RISKS OF THE USE, RESULTS AND PERFORMANCE OF THE SERVICES. THE CREDIT UNION IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THE CREDIT UNION WILL NOT BE LIABLE FOR DIRECT DAMAGES EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. ANY LIABILITY the CREDIT UNION MAY HAVE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID THE CREDIT UNION UNDER THIS AGREEMENT FOR THE 30 CALENDAR DAYS PRIOR TO THE TIME THE CREDIT UNION INCURRED THE LIABILITY. YOU MAY NOT BRING ANY ACTION AGAINST THE CREDIT UNION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CAUSE OF ACTIONSITE. Some states/jurisdictions do not allow the exclusion or limitation of incidentalliability for consequential or incidental damages. In such jurisdictions, consequential, or other damages, so the above limitation or exclusion may not apply to you. Except our liability is limited to the greatest extent prohibited permitted by applicable banking regulationslaw. Third Party Web Sites Nutri Ventures USA, under Inc. may provide links, in its sole discretion, to other sites on the Internet for your convenience in locating related information and services. These sites have not necessarily been reviewed by Nutri Ventures USA, Inc. and are maintained by third parties over which Nutri Ventures USA, Inc. exercises no circumstances will the total liability of us or our service providers to you control. NUTRI VENTURES USA, INC. MAKES NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD-PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE. Nutri Ventures USA, Inc. does not endorse, and shall not be liable in connection with, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Use of third-party sites is at your own risk. Advertising on this Site Nutri Ventures USA, Inc., in its sole discretion, may post the advertisements of third parties on this Site. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser. You agree that Nutri Ventures shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the Services result of the presence of such advertisers on this Site. Moreover, Nutri Ventures USA, Inc. shall not be responsible or otherwise under liable for the statements or conduct of any third party on this Agreement exceed $5,000.Site. User's Obligations You agree not to do the following:

Appears in 2 contracts

Samples: nutri-ventures.com, www.nutri-ventures.com

Disclaimer of Warranty and Limitation of Liability. IIB makes no warranty of any kind, expressed or implied, in connection with the Service provided to you under this Agreement. We do not and cannot warrant that the Services Service will operate without error, errors or that the Services will be available and operational at all times. We will not Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we, nor the service providers, shall be liable to you responsible for any loss, damage property damage, or expense bodily injury whether caused by the equipment, software, IIB, internet browser providers, internet access providers, online service providers, or by an agent or subcontractor of any kind of the foregoing. Nor shall we or nature caused, directly or indirectly, by the Services or by any interruption of service or loss of use thereof or providers be responsible for any loss of businessdirect, howsoever caused. You agree that we will have no liability if information is intercepted by an unauthorized personindirect, either in transit or at your place of businessspecial, consequential, economic, or if your use other damages arising in any way out of the Services is interruptedinstallation, lost use, or delayedmaintenance of the equipment, software, online financial services, or Internet browser or access software. EXCEPT AS SPECIFIED ABOVE OR AS MAY OTHERWISE BE PROVIDED BY LAW, IIB SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION IN CONNECTION WITH THE SERVICESSERVICE, AND IIB’S CUMULATIVE LIABILITY IN ANY ONE CALENDAR YEAR, SHOULD IT BE FOUND TO EXIST NOTWITHSTANDING THIS PROVISION, SHALL NOT EXCEED THE FEES YOU HAVE PAID FOR THE SERVICE(S) IN THAT CALENDAR YEAR. IIB HEREBY DISCLAIMS, FOR ITSELF AND/OR ANY OTHER SERVICE PROVIDER, ALL WARRANTIES, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES, IS PROVIDED “AS IS”. THERE IS NO WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USEPURPOSE, AND OR LACK OF VIRUSES. IN NO EVENT SHALL IIB OR ANY OTHER WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE SERVICES AND ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES. THERE IS NO WARRANTY THAT YOUR USE OF THE SERVICES WILL SERVICE PROVIDER BE UNINTERRUPTED OR ERROR-FREE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION CONTAINED IN AND/OR ACCESSED THROUGH THE SERVICES OR AGAINST INFRINGEMENT. YOU ASSUME ALL RISKS OF THE USE, RESULTS AND PERFORMANCE OF THE SERVICES. THE CREDIT UNION IS NOT LIABLE FOR ANY (1) DAMAGES CAUSED OTHER THAN BY ITS OWN GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OR (2) INDIRECT, INCIDENTAL SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. INDEMNIFICATION - YOU AGREE TO INDEMNIFY AND HOLD IIB HARMLESS FROM CLAIMS, OR FOR LOSS OF PROFITSLOSSES, REVENUE OR DATALIABILITIES, WHETHER IN AN ACTION IN CONTRACTCOSTS AND EXPENSES, TORTINCLUDING REASONABLE ATTORNEYS' FEES, PRODUCT LIABILITYRELATE D TO THE SERVICE, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THE CREDIT UNION WILL NOT BE LIABLE FOR DIRECT DAMAGES EXCEPT AS EXPRESSLY PROVIDED FOR LONG AS IIB FULFILLED ITS OBLIGATIONS AS EXPRESSED IN THIS AGREEMENT. ANY LIABILITY THIS INDEMNITY WILL SURVIVE TERMINATION OF YOUR ACCOUNT(S) AND THIS AGREEMENT. MOBILE BANKING -- Thank you for using the CREDIT UNION MAY HAVE Mobile Money Services (WHETHER IN CONTRACT, TORT, OR OTHERWISE“Services”) WILL NOT EXCEED THE AMOUNT YOU PAID THE CREDIT UNION UNDER THIS AGREEMENT FOR THE 30 CALENDAR DAYS PRIOR TO THE TIME THE CREDIT UNION INCURRED THE LIABILITYand any related Software (“Software”) provided by Idaho Independent Bank (“Financial Institution”) combined with your handheld device's text messaging capabilities. YOU MAY NOT BRING ANY ACTION AGAINST THE CREDIT UNION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CAUSE OF ACTION. Some states/jurisdictions do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitation or exclusion may not apply to you. Except to the extent prohibited by applicable banking regulations, under no circumstances will the total liability of us or our service providers to you By participating in connection with the Services or otherwise under this Agreement exceed $5,000using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying Electronic Banking and Xxxx Pay services of which the Service is a part. Financial Institution in its discretion may modify these Terms and Conditions at any time. Standard messaging charges apply.

Appears in 1 contract

Samples: ibank.pcs-sd.net

Disclaimer of Warranty and Limitation of Liability. We do not and canThe Company does not warrant that the Services will operate without errortimeliness, accuracy, completeness, quality, adequacy, usefulness, reliability or that the Services will be available at all times. We will not be liable to you for any loss, damage or expense content of any kind information on this Website and expressly disclaims any liability whatsoever for errors or nature caused, directly or indirectly, by the Services or by any interruption of service or loss of use thereof or for any loss of business, howsoever causedomissions. You agree that we will have no liability if Such information is intercepted by an unauthorized personprovided "as is" without representation, warranty or condition of any kind, either express or implied, whether by statute or otherwise, including, without limitation, the implied conditions and warranties of merchantability and fitness for a particular purpose, except in transit or at your place of business, or if your use of the Services is interrupted, lost or delayed. THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES, IS PROVIDED “AS IS”. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE SERVICES AND ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES. THERE IS NO WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION CONTAINED IN AND/OR ACCESSED THROUGH THE SERVICES OR AGAINST INFRINGEMENT. YOU ASSUME ALL RISKS OF THE USE, RESULTS AND PERFORMANCE OF THE SERVICES. THE CREDIT UNION IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THE CREDIT UNION WILL NOT BE LIABLE FOR DIRECT DAMAGES EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. ANY LIABILITY the CREDIT UNION MAY HAVE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID THE CREDIT UNION UNDER THIS AGREEMENT FOR THE 30 CALENDAR DAYS PRIOR TO THE TIME THE CREDIT UNION INCURRED THE LIABILITY. YOU MAY NOT BRING ANY ACTION AGAINST THE CREDIT UNION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CAUSE OF ACTION. Some states/jurisdictions which do not allow the exclusion of implied warranties. The Company , its affiliates, its suppliers and their respective directors, officers, employees and representatives shall not, under any circumstances, be responsible or limitation of liable for any direct, indirect, special, exemplary, punitive, incidental, consequentialor consequential damages, or any other damagesdamages whatsoever, so including, without limitation, lost revenues, lost profits or loss of prospective economic advantage, resulting from the above limitation use of, or exclusion misuse of, or inability to access or use this Website, or the information, documents, software or content thereof, or an error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, even if advised of the possibility of such damages or such damages are reasonably foreseeable, to the fullest extent permitted by law. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THIS WEBSITE IS TO DISCONTINUE ALL USE OF THE WEBSITE. Hyperlinks Are Not Endorsements. Links to other Internet resources or websites are used at your own risk. Links to other websites or references to products, services or publications other than those of the Company on this Website do not imply the endorsement or approval of such websites, products, services or publications by the Company. The Company makes no representations whatsoever about any other website which you may access through this one and accepts no responsibility whatsoever for such websites or their content. When you access a third party website, please understand that it is independent from us, and that the Company has no control over the content on that website. Third party websites are not subject to the Company's privacy policies or security standards. Material to be Consulted in its Entirety. All materials at this Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure or hedge clauses apply to youany partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download. Except Forward-Looking Statements. From time to time, we make written or oral forward-looking statements within the extent prohibited meaning of certain securities laws, including in this Website, in filings with Canadian securities regulators or the Toronto Stock Exchange and in other communications. These statements include, but are not limited to, statements we make about our operations, business lines, financial condition, risk management, priorities, targets, ongoing objectives, strategies and outlook. Forward-looking statements are typically identified by applicable banking regulationsthe words 'believe,’, under no circumstances will 'expect,’, 'anticipate,’, 'intend,’, 'estimate' and other similar expressions or future or conditional verbs such as 'will,’, 'should,’, 'would' and 'could.’ By their nature, these statements require us to make assumptions and are subject to inherent risks and uncertainties that may be general or specific. A variety of factors, many of which are beyond our control affect our operations, performance and results and those of our business lines, and could cause actual results to differ materially from the total liability expectations expressed in any of us our forward-looking statements. Readers should not place undue reliance on our forward-looking statements. We do not undertake to update any forward-looking statement that is contained in this Website or our service providers to you in connection with the Services or otherwise under this Agreement exceed $5,000other communications.

Appears in 1 contract

Samples: Website Terms of Use

Disclaimer of Warranty and Limitation of Liability. We do not and cannot warrant that the Services will operate without errorTHE WECOOK WEBSITE, or that the Services will be available at all times. We will not be liable to you for any lossITS CONTENTS, damage or expense of any kind or nature causedFUNCTIONS AND ALL INFORMATION, directly or indirectly, by the Services or by any interruption of service or loss of use thereof or for any loss of business, howsoever caused. You agree that we will have no liability if information is intercepted by an unauthorized person, either in transit or at your place of business, or if your use of the Services is interrupted, lost or delayed. PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS WECOOK WEBSITE (INCLUDING THE SERVICES, IS PRODUCTS AND SERVICE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THERE IS NO WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY LAW, WECOOK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESSED PURPOSE OR IMPLIED, REGARDING THE SERVICES NON-INFRINGEMENT AND ANY SOFTWARE AND/IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR APPLICATION RELATED COURSE OF PERFORMANCE. WECOOK DOES NOT WARRANT THAT THE WECOOK WEBSITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WlLL BE CORRECTED. ALL INFORMATION ON THE SITE IS SUBJECT TO AND/OR USED TO ACCESS CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE SERVICES. THERE IS NO WARRANTY THAT YOUR USE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION CONTAINED IN AND/OR ACCESSED THROUGH THE SERVICES OR AGAINST INFRINGEMENT. YOU ASSUME ALL RISKS OF THE USE, RESULTS AND PERFORMANCE OF THE SERVICES. THE CREDIT UNION IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THE CREDIT UNION WILL NOT BE LIABLE FOR DIRECT DAMAGES EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. ANY LIABILITY the CREDIT UNION MAY HAVE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID THE CREDIT UNION UNDER THIS AGREEMENT FOR THE 30 CALENDAR DAYS PRIOR TO THE TIME THE CREDIT UNION INCURRED THE LIABILITY. YOU ABOVE EXCLUSIONS MAY NOT BRING ANY ACTION AGAINST THE CREDIT UNIONAPPLY TO YOU. To the extent permitted by applicable law, REGARDLESS OF FORMWeCook warranties, ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CAUSE OF ACTIONindemnities and remedies (to the extent there are any) set forth in these Terms and Conditions of Sale are exclusive and are in lieu of all other warranties, indemnities and remedies (or similar rights available under applicable law or otherwise), whether express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and noninfringement, all of which are expressly disclaimed. Some states/jurisdictions do not allow Also to the exclusion extent permitted by applicable law, in no event shall WeCook, its parent, its subsidiaries, its affiliates nor any of its or limitation of their directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers and successors have any liability, whether based in contract, delict, tort (including negligence), strict liability or otherwise, for incidental, indirect, consequential, special or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other damages, so the above limitation financial loss arising out of or exclusion may not apply to you. Except to the extent prohibited by applicable banking regulations, under no circumstances will the total liability of us or our service providers to you in connection with the Services use, performance, failure, or interruption (as applicable) of the Products or the Service or the Account or any other service offered by WeCook or otherwise hereunder, whether foreseeable or not, and even if WeCook had been advised of the possibility of such damages. Where WeCook is found liable to pay any damages to you, WeCook’s total liability to you under this Agreement exceed $5,000the Terms and Conditions of Sale shall be limited to the actual amount paid by you for the Products and the Service for the last Order you placed through your Account. These limitations of liability will not be if the remedy provided fails its essential purpose.

Appears in 1 contract

Samples: cdn.wecookmeals.ca

Disclaimer of Warranty and Limitation of Liability. We do not and canThe Company does not warrant that the Services will operate without errortimeliness, accuracy, completeness, quality, adequacy, usefulness, reliability, or that the Services will be available at all times. We will not be liable to you for any loss, damage or expense content of any kind information on this Website and expressly disclaims any liability whatsoever for errors or nature caused, directly or indirectly, by the Services or by any interruption of service or loss of use thereof or for any loss of business, howsoever causedomissions. You agree that we will have no liability if Such information is intercepted by an unauthorized personprovided "as is" without representation, warranty, or condition of any kind, either express or implied, whether by statute or otherwise, including, without limitation, the implied conditions and warranties of merchantability and fitness for a particular purpose, except in transit or at your place of business, or if your use of the Services is interrupted, lost or delayed. THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES, IS PROVIDED “AS IS”. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE SERVICES AND ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES. THERE IS NO WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION CONTAINED IN AND/OR ACCESSED THROUGH THE SERVICES OR AGAINST INFRINGEMENT. YOU ASSUME ALL RISKS OF THE USE, RESULTS AND PERFORMANCE OF THE SERVICES. THE CREDIT UNION IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THE CREDIT UNION WILL NOT BE LIABLE FOR DIRECT DAMAGES EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. ANY LIABILITY the CREDIT UNION MAY HAVE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID THE CREDIT UNION UNDER THIS AGREEMENT FOR THE 30 CALENDAR DAYS PRIOR TO THE TIME THE CREDIT UNION INCURRED THE LIABILITY. YOU MAY NOT BRING ANY ACTION AGAINST THE CREDIT UNION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CAUSE OF ACTION. Some states/jurisdictions which do not allow the exclusion of implied warranties. The Company, its affiliates, its suppliers and their respective directors, officers, employees and representatives shall not, under any circumstances, be responsible or limitation of liable for any direct, indirect, special, exemplary, punitive, incidental, consequentialor consequential damages, or any other damagesdamages whatsoever, so including, without limitation, lost revenues, lost profits or loss of prospective economic advantage, resulting from the above limitation use of, or exclusion misuse of, or inability to access or use this Website, or the information, documents, software or content thereof, or an error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, even if advised of the possibility of such damages or such damages are reasonably foreseeable, to the fullest extent permitted by law. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THIS WEBSITE IS TO DISCONTINUE ALL USE OF THE WEBSITE. Hyperlinks Are Not Endorsements. Links to other Internet resources or websites are used at your own risk. Links to other websites or references to products, services, or publications other than those of the Company on this Website do not imply the endorsement or approval of such websites, products, services, or publications by the Company. The Company makes no representations whatsoever about any other website which you may access through this one and accepts no responsibility whatsoever for such websites or their content. When you access a third-party website, please understand that it is independent from us, and that the Company has no control over the content on that website. Third party websites are not subject to the Company's privacy policies or security standards. Material to be Consulted in its Entirety. All materials at this Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure, or hedge clauses apply to youany partial document or material in the same manner as they do the whole and will be deemed incorporated in the portion of any material or document that you consult or download. Except Forward-Looking Statements: From time to time, we make written or oral forward-looking statements within the extent prohibited meaning of certain securities laws, including in this Website, in filings with Canadian securities regulators or the Toronto Stock Exchange and in other communications. These statements include, but are not limited to, statements we make about our operations, business lines, financial condition, risk management, priorities, targets, ongoing objectives, strategies, and outlook. Forward-looking statements are typically identified by applicable banking regulationsthe words 'believe,’, under no circumstances will 'expect,’, 'anticipate,’, 'intend,’, 'estimate' and other similar expressions or future or conditional verbs such as 'will,’, 'should,’, 'would' and 'could.’ By their nature, these statements require us to make assumptions and are subject to inherent risks and uncertainties that may be general or specific. A variety of factors, many of which are beyond our control affect our operations, performance, and results and those of our business lines, and could cause actual results to differ materially from the total liability expectations expressed in any of us our forward-looking statements. Readers should not place undue reliance on our forward-looking statements. We do not undertake to update any forward-looking statement that is contained in this Website or our service providers to you in connection with the Services or otherwise under this Agreement exceed $5,000other communications.

Appears in 1 contract

Samples: Website Terms of Use

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Disclaimer of Warranty and Limitation of Liability. We do not and cannot warrant that the Services will operate without errorTHE SAAS SERVICE, or that the Services will be available at all times. We will not be liable to you for any loss, damage or expense of any kind or nature caused, directly or indirectly, by the Services or by any interruption of service or loss of use thereof or for any loss of business, howsoever caused. You agree that we will have no liability if information is intercepted by an unauthorized person, either in transit or at your place of business, or if your use of the Services is interrupted, lost or delayed. THE SERVICES, INCLUDING, BUT NOT LIMITED TO, AS WELL AS ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICESCOMPANY TECHNOLOGY RESIDING THEREIN, IS PROVIDED “AS IS”. THERE IS NO ” AND “AS AVAILABLE” WITHOUT ANY WARRANTY (WHETHER EXPRESS OR IMPLIED - INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USEPURPOSE, AND TITLE OR NON-INFRINGEMENT) OR ANY OTHER LIABILITY TO COMPANY, INCLUDING WITHOUT LIMITATION, NO OTHER WARRANTY OF ANY KINDLIABILITY FOR CONSEQUENTIAL, EITHER EXPRESSED OR IMPLIED, REGARDING THE SERVICES AND ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES. THERE IS NO WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION CONTAINED IN AND/OR ACCESSED THROUGH THE SERVICES OR AGAINST INFRINGEMENT. YOU ASSUME ALL RISKS OF THE USE, RESULTS AND PERFORMANCE OF THE SERVICES. THE CREDIT UNION IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL CONTINGENT, OR CONSEQUENTIAL SPECIAL DAMAGES, LOST PROFITS FOR SEQUENCE, ACCURACY OR FOR LOSS COMPLETENESS OF PROFITS, REVENUE DATA OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISETHAT IT WILL MEET THE END USER’S REQUIREMENTS, EVEN IF COMPANY OR ANY OF ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. END USER ASSUMES THE ENTIRE RISK OF USING THE SAAS SERVICE AND ANY COMPANY TECHNOLOGY THEREIN. IN NO EVENT, SHALL COMPANY BE LIABLE TO END USER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR CONTINGENT DAMAGES INCLUDING LOSS OF PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CREDIT UNION WILL NOT BE LIABLE FOR DIRECT DAMAGES EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. ANY LIABILITY the CREDIT UNION MAY HAVE (FOREGOING LIMITATIONS SHALL APPLY WHETHER IN AN ACTION BASED ON CONTRACT, TORT, TORT OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID THE CREDIT UNION UNDER THIS AGREEMENT FOR THE 30 CALENDAR DAYS PRIOR TO THE TIME THE CREDIT UNION INCURRED THE LIABILITY. YOU MAY NOT BRING ANY ACTION AGAINST THE CREDIT UNION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CAUSE OF ACTION. Some states/jurisdictions do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitation or exclusion may not apply to you. Except to the extent prohibited by applicable banking regulations, under no circumstances will the total liability of us or our service providers to you in connection with the Services or otherwise under this Agreement exceed $5,000OTHER THEORY.

Appears in 1 contract

Samples: Office End User Agreement

Disclaimer of Warranty and Limitation of Liability. We do not and cannot warrant that Other than as explicitly provided hereunder the Services will operate and/or the Solution and any output thereof (including any output thereof) are provided hereunder for the Purpose only “AS IS”, without errorany warranties whatsoever concerning the use, performance, fitness for purpose, merchantability, or that non-infringement. Company expressly disclaims, and the Services will be available at Customer hereby expressly waives all times. We will not be liable to you for any loss, damage or expense other warranties of any kind or nature causedwhatsoever, directly or indirectlyexpress, by the Services or by any interruption of service or loss of use thereof or for any loss of businessimplied, howsoever causedand statutory. You agree that we will have Unless explicitly provided hereunder Company assumes no liability if information is intercepted by an unauthorized person, either in transit or at your place of business, or if your for the use of the Services is interruptedand/or the Solution and any output provided hereunder. Except with respect to Company’s willful misconduct or fraudulent acts, in no event shall Company be liable to the Customer for any direct, indirect, special, exemplary, incidental, punitive or consequential loss or damage (including but not limited to loss of anticipated profits, loss by reason of shutdown in operation, loss by reason of increased cost of operation, cost of cover, lost opportunity costs, or delayedother indirect loss or damage) of any nature from any cause, whether or not the possibility of such damages has been disclosed to such party in advance or could have been reasonably foreseen by such party or such part was aware of the possibility of such damages. IN NO EVENT WILL COMPANY’S, NOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDER, AND EMPLOYEES’ AGGREGATE LIABILITY TO CUSTOMER, EXCEED THE AMOUNTS OF THE FEE PAID BY CUSTOMER TO COMPANY IN RESPECT OF THE SERVICES DURING A PERIOD OF TWELVE (12) MONTHS PRECEDIGN SUCH CLAIM. THE SERVICESLIMITATIONS, INCLUDINGEXCLUSIONS AND DISCLAIMERS IN THIS SECTION 14 SHALL APPLY TO ALL CLAIMS FOR DAMAGES, BUT NOT WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR SENTRA’S PROVISION OF THE SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED TOREMEDY, ANY SOFTWARE AND EVEN IF SENTRA AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES, IS PROVIDED “AS IS”. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE SERVICES AND ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES. THERE IS NO WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION CONTAINED IN AND/OR ACCESSED THROUGH THE SERVICES OR AGAINST INFRINGEMENT. YOU ASSUME ALL RISKS OF THE USE, RESULTS AND PERFORMANCE OF THE SERVICES. THE CREDIT UNION IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE, EVEN IF SENTRA AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE SUCH LIABILITIES AND/OR DAMAGES. THE CREDIT UNION WILL NOT BE LIABLE FOR DIRECT DAMAGES EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. ANY LIABILITY the CREDIT UNION MAY HAVE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID THE CREDIT UNION UNDER THIS AGREEMENT FOR THE 30 CALENDAR DAYS PRIOR TO THE TIME THE CREDIT UNION INCURRED THE LIABILITY. YOU MAY NOT BRING ANY ACTION AGAINST THE CREDIT UNION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CAUSE OF ACTION. Some states/jurisdictions do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitation or exclusion may not apply to you. Except to the extent prohibited by applicable banking regulations, under no circumstances will the total liability of us or our service providers to you in connection with the Services or otherwise under this Agreement exceed $5,000.

Appears in 1 contract

Samples: Terms and Conditions

Disclaimer of Warranty and Limitation of Liability. IIB makes no warranty of any kind, expressed or implied, in connection with the Service provided to you under this Agreement. We do not and cannot warrant that the Services Service will operate without error, errors or that the Services will be available avai lable and operational at all times. We will not Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we, nor the service providers, shall be liable to you responsible for any loss, damage property damage, or expense bodily injur y whether caused by the equipment, software, IIB, Internet browser providers, Internet access providers, online service providers, or by an agent or subcontractor of any kind of the foregoing. Nor shall we or nature caused, directly or indirectly, by the Services or by any interruption of service or loss of use thereof or providers be responsible for any loss of businessdirect, howsoever caused. You agree that we will have no liability if information is intercepted by an unauthorized personindirect, either in transit or at your place of businessspecial, consequential, economic, or if your use other damages, including those arising in any way out of the Services is interruptedinstallation, lost use, or delayedmaintenance of the equipment, software, online financial services, or Internet browser or access software. EXCEPT AS SPECIFIED ABOVE OR AS MAY OTHERWISE BE PROVIDED BY LAW, IIB SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION IN CONNECTION WITH THE SERVICESSERVICE, AND IIB’S CUMULATIVE LIABILITY IN ANY ONE CALENDAR YEAR, SHOULD IT BE FOUND TO EXIST NOTWITHSTANDING THIS PROVISION, SHALL NOT EXCEED THE FEES YOU HAVE PAID FOR THE SERVICE(S) IN THAT CALENDAR YEAR. IIB HEREBY DISCLAIMS, FOR ITSELF AND/OR ANY OTHER SERVICE PROVIDER, ALL WARRANTIES, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES, IS PROVIDED “AS IS”. THERE IS NO WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USEPURPOSE, AND OR LACK OF VIRUSES. IN NO EVENT SHALL IIB OR ANY OTHER WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE SERVICES AND ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES. THERE IS NO WARRANTY THAT YOUR USE OF THE SERVICES WILL SERVICE PROVIDER BE UNINTERRUPTED OR ERROR-FREE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION CONTAINED IN AND/OR ACCESSED THROUGH THE SERVICES OR AGAINST INFRINGEMENT. YOU ASSUME ALL RISKS OF THE USE, RESULTS AND PERFORMANCE OF THE SERVICES. THE CREDIT UNION IS NOT LIABLE FOR ANY (1) DAMAGES CAUSED OTHER THAN BY ITS OWN GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OR (2) INDIRECT, INCIDENTAL SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THE CREDIT UNION WILL NOT BE LIABLE FOR DIRECT DAMAGES EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. ANY LIABILITY the CREDIT UNION MAY HAVE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID THE CREDIT UNION UNDER THIS AGREEMENT FOR THE 30 CALENDAR DAYS PRIOR TO THE TIME THE CREDIT UNION INCURRED THE LIABILITY. YOU MAY NOT BRING ANY ACTION AGAINST THE CREDIT UNION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CAUSE OF ACTION. Some states/jurisdictions do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitation or exclusion may not apply to you. Except to the extent prohibited by applicable banking regulations, under no circumstances will the total liability of us or our service providers to you in connection with the Services or otherwise under this Agreement exceed $5,000.

Appears in 1 contract

Samples: ibank.pcs-sd.net

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