Liability Disclaimers a. Subject to provisions of applicable law, Client is liable for: (i) all indebtedness arising out of the authorized or unauthorized use of the Cards; and (ii) all authorized or unauthorized Loans and Purchases. If Client is dissatisfied with any portion of a Card Product, or with any Terms of Use, Client’s sole and exclusive remedy is to discontinue using the Card Product. The content of, and any advice received in connection with, the Card Products, is not intended, and should not be relied upon, for personal, legal, tax or financial decisions. Client should consult an appropriate professional for specific advice tailored to Client’s situation.
Liability Disclaimers. 1. Claims against us and our legal representatives and vicarious agents for compensatory damages of any and all kinds shall be excluded, except for instances of malice, gross negligence, or the breach of a contractual core duty. If we have breached a contractual core duty (for this purpose, see the following paragraph) with slight negligence, liability shall exist; however, such shall be limited to the payment of typically foreseeable damages.
Liability Disclaimers. NEITHER INOVONICS NOR CUSTOMER, NOR ANY OF THEIR AFFILIATES OR LICENSORS, WILL BE LIABLE TO THE OTHER UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (B) THE VALUE OF CUSTOMER CONTENT, (C) LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, OR (D) UNAVAILABILITY OF THE SERVICE OFFERINGS.
Liability Disclaimers. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF THE OTHER (INCLUDING LOSS OF PROFITS OR REVENUE, COST OF CAPITAL OR DOWNTIME COSTS) ARISING OUT OF ANY PERFORMANCE OF THIS AGREEMENT OR ANY ORDER, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; [***].
Liability Disclaimers. NO RELEASED PARTY WILL BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (B) THE VALUE OF YOUR CONTENT, (C) LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, OR (D) UNAVAILABILITY OF THE SOFTWARE, SUPPORT SERVICES OR PROFESSIONAL SERVICES, EVEN IF WE HAVE BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES.
Liability Disclaimers. EXCEPT FOR BREACH OF SECTION “SERVICES LICENSE” OR SECTION “TRADEMARKS” OR FOR PAYMENT OBLIGATIONS ARISING UNDER SECTION “INDEMINIFICATION BY CUSTOMER” FOR THIRD-PARTY BREACH OR DISPUTE CLAIM AGAINST SITASYS, NEITHER SITASYS NOR CUSTOMER, NOR ANY OF LICENSORS, WILL BE LIABLE TO THE OTHER UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, PROFESSIONAL ACTIVITY, BUSINESS INTERUPTION OR DISRUPTION, THE LOSS OF CUSTOMER CONTENT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.
Liability Disclaimers. We will not be responsible for any delay, or the consequences of any delay, in performing our obligations if the delay is due to your failure to notify us of any change in your address or to any circumstances beyond our reasonable control.
Liability Disclaimers. WSI shall not be liable or held responsible for any delay in or failure or defect of performance under this Agreement, or be liable for any other consequence, damage, injury, or loss, caused by or resulting from any act, event, occurrence, or cause beyond the reasonable control of WSI, including (without limitation) acts of God, war, fires, hurricanes, explosions, floods, strikes, major mechanical breakdown, system malfunctions, interruption of utility services, acts of any unit of government or agency thereof, work stoppage, breakdown, virus contamination, theft, loss of data, lack of available parts from the manufacturer, loss caused by power failures, loss caused by lack of Customer equipment or software backups, or work done due to lack of proper training of Customer's personnel. Customer is expected to insure the Equipment, Software, and System and to backup all data, voice and video files and to protect the computer from incoming virus damage. Service calls that are caused by any of the foregoing exclusions shall be invoiced at the currently published time and materials rates. To the fullest extent permitted by law:
Liability Disclaimers. EXCEPT FOR PAYMENT OBLIGATIONS ARISING UNDER SECTION 9 ( CUSTOMER REPRESENTATIONS, WARRANTIES, AND COVENANTS), NEITHER PARTY NOR ANY OF THEIR AFFILIATES OR LICENSORS WILL BE LIABLE TO THE OTHER PARTY UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (B) THE VALUE OF LOST DATA, LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, OR (C) UNAVAILABILITY OF THE SERVICE OFFERINGS (THIS DOES NOT LIMIT ANY SERVICE CREDITS THAT MAY BE AVAILABLE UNDER THE SERVICE LEVEL AGREEMENTS OR TO AWS’S COMMITMENTS UNDER SECTION 10.1).
Liability Disclaimers. Neither CCNJ nor its third party service providers, the Carriers, nor any of their respective affiliates provide any guarantee of any kind as to message delivery, completeness, accuracy, or timeliness, or that Mobile Messaging will be available at all times. CCNJ, its third party service providers, the Carriers and their respective affiliates are not responsible for messages that are delayed, undelivered or misdirected.
