Common use of Liability Limits Clause in Contracts

Liability Limits. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER Printlean NOR ANY OTHER Printlean PARTY SHALL BE LIABLE TO YOU OR YOUR CUSTOMERS FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. THE LIABILITY OF THE Printlean PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE THAT YOU HAVE PURCHASED OR USED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Liability Limits. 1. TO THE FULLEST EXTENT PERMITTED ALLOWED BY APPLICABLE LAW, NEITHER Printlean NOR ANY OTHER Printlean PARTY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CHAT2AI (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR YOUR CUSTOMERS TO ANY OTHER PERSON FOR (A) ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCEDINCIDENTAL, OR PUNITIVE CONSEQUENTIAL DAMAGES ARISING OUT OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR RELATING TO COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE SERVICES OR THIS AGREEMENTAGGREGATE, REGARDLESS IN EXCESS OF THE GREATER OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, $100 OR (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. THE LIABILITY OF THE Printlean PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT AMOUNTS PAID BY YOU FOR TO CHAT2AI IN CONNECTION WITH THE SERVICE THAT YOU HAVE PURCHASED SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR USED THROUGH THE SITE(C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. 2. We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits. 3. EXCEPT AS STATED IN SECTION 7.1, CHAT2AI AND ITS AFFILIATES, OFFICERS, LICENSORS, AND/OR CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, OUR LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW IN SUCH STATE.

Liability Limits. 1. TO THE FULLEST EXTENT PERMITTED ALLOWED BY APPLICABLE LAW, NEITHER Printlean NOR ANY OTHER Printlean PARTY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PICKY ASSIST (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR YOUR CUSTOMERS TO ANY OTHER PERSON FOR (A) ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCEDINCIDENTAL, OR PUNITIVE CONSEQUENTIAL DAMAGES ARISING OUT OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR RELATING TO COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE SERVICES OR THIS AGREEMENTAGGREGATE, REGARDLESS IN EXCESS OF THE GREATER OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, $100 OR (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. THE LIABILITY OF THE Printlean PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT AMOUNTS PAID BY YOU FOR TO PICKY ASSIST IN CONNECTION WITH THE SERVICE THAT YOU HAVE PURCHASED SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR USED THROUGH THE SITE(C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. 2. We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits. 3. EXCEPT AS STATED IN SECTION 7.1, PICKY ASSIST AND ITS AFFILIATES, OFFICERS, LICENSORS, AND/OR CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, OUR LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW IN SUCH STATE.

Liability Limits. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Printlean NOR ANY OTHER Printlean PARTY THE PARKING HERO ENTITIES SHALL NOT BE LIABLE TO YOU OR YOUR CUSTOMERS FOR ANY LOST INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, DIMINUTION IN VALUEWHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR ANY CONSEQUENTIALLOSS OF DATA, INCIDENTALUSE, INDIRECT, SPECIAL, EXEMPLARY, ENHANCEDGOODWILL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENTOTHER INTANGIBLE LOSSES, REGARDLESS OF RESULTING FROM (I) WHETHER ANY YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE FOREGOING DAMAGES WERE FORESEEABLE, SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PARKING HERO ENTITIES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO PARKING HERO BY YOU FOR THE SERVICES DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR OTHERWISE, AND WHETHER OR NOT YOU WERE ADVISED THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDSUCH DAMAGE, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. THE LIABILITY OF THE Printlean PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE THAT YOU EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE PURCHASED OR USED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOUFAILED ITS ESSENTIAL PURPOSE.

Liability Limits. TO THE FULLEST EXTENT PERMITTED BY LAWProduce Jet’s liability for damages to Customer or to any third party for any cause whatsoever, NEITHER Printlean NOR ANY OTHER Printlean PARTY and regardless of the form of action, whether in contract or in tort, shall be limited to the lesser of (i) fifty percent (50%) of the Service fees Customer actually paid Produce Jet over the twelve Limitation on Damages. IN NO EVENT SHALL PRODUCE JET BE LIABLE TO YOU OR YOUR CUSTOMERS CUSTOMER FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, PUNITIVE OR PUNITIVE EXEMPLARY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR ANY OF THE PRODUCTS AND SERVICES PROVIDED BY PRODUCE JET, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS OR THIS AGREEMENTOTHER ECONOMIC DAMAGE AND FURTHER INCLUDING INJURY TO PROPERTY, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLEPRODUCE JET WAS ADVISED, (II) WHETHER HAD OTHER REASON TO KNOW OR NOT YOU WERE ADVISED IN FACT KNEW OF THE POSSIBILITY OF INCURRING THEREOF. Aggregate Liability. IN NO EVENT SHALL PRODUCE JET'S AGGREGATE LIABILITY TO CUSTOMER WITH RESPECT TO ANY OF THE FOREGOING DAMAGESAND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY PRODUCT OR SERVICES PROVIDED BY PRODUCE JET HEREUNDER, (III) THE LEGAL OR EQUITABLE THEORY (WHETHER BASED IN CONTRACT, MISREPRESENTATION, TORT, NEGLIGENCE OR STRICT LIABILITY, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. THE LIABILITY OF THE Printlean PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT LESSER OF $250,000 OR THE PURCHASE PRICE PAID TO PRODUCE JET BY YOU CUSTOMER FOR THE SERVICE PRODUCTS AND SERVICES THAT YOU HAVE PURCHASED OR USED THROUGH ARE THE SITESUBJECT OF SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTALEssential Basis of the Bargain. The parties acknowledge that Produce Jet has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth in this Agreement, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.and that the same form an essential basis of the bargain