Common use of LIMITATION OF LIABILITY AND WARRANTIES Clause in Contracts

LIMITATION OF LIABILITY AND WARRANTIES. Provider expressly disclaims any warranty that the Provider Technologies are impervious to tampering. Customer acknowledge understands and agrees that the Provider Technologies do not prevent offenders from committing harmful, tortious, or illegal acts and that Provider expressly disclaims any liability for any harmful, tortious, or illegal acts committed by such offenders. In no event does Provider assume or bear any responsibility or liability for acts that may be committed by third parties or persons subject to or using the Provider Technologies or Provider Information. Provider shall have no liability to Customer (or to any person to whom Customer may have provided Provider Information) for any loss or injury arising out of or in connection with the Provider Technologies or Customer’s use thereof. If, notwithstanding the foregoing, liability can be imposed on Provider, Customer agrees that Provider's aggregate liability for any and all losses or injuries arising out of any act or omission of Provider in connection with the Provider Technologies, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00. Customer covenants and promises that it will not seek to recover from Provider an amount greater than such sum even if Customer was advised of the possibility of such damages. PROVIDER DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROVIDER TECHNOLOGIES. PROVIDER DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, LEGALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROVIDER TECHNOLOGIES OR ANY PROVIDER INFORMATION. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY CUSTOMER FROM RECEIPT OR USE OF PROVIDER INFORMATION OR AS A RESULT OF THE UNAVAILABILITY OF THE PROVIDER TECHNOLOGIES OR PROVIDER INFORMATION OR THE ABILIITY TO MAKE USE OF SAME.

LIMITATION OF LIABILITY AND WARRANTIES. Provider expressly disclaims Except as otherwise provided herein, each Party shall be responsible for any warranty that actual physical damages it directly and solely causes in the Provider Technologies are impervious course of its performance under this Agreement, limited to tampering. Customer acknowledge understands and agrees that the Provider Technologies do not prevent offenders damages resulting from committing harmfulpersonal injuries, tortiousdeath, or illegal property damage arising from negligent acts and or omissions; provided however, that Provider expressly disclaims any liability neither party shall be liable for any harmfulincidental, tortiousconsequential, indirect, special, or illegal acts committed by such offenders. In no event does Provider assume or bear punitive damages of any responsibility or liability for acts that may be committed by third parties or persons subject to or using the Provider Technologies or Provider Information. Provider shall have no liability to Customer (or kind, including but not limited to any person loss of use, loss of business or loss of profit. Remedies under this Agreement are exclusive and limited to whom Customer may have provided Provider Informationthose expressly described in this Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR ANY SERVICE ORDER OR ANY OTHER DOCUMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW PROVIDER’S LIABILITY TO CUSTOMER RELATING TO OR ARISING FROM THIS AGREEMENT SHALL NOT EXCEED IN TOTAL THE AMOUNT PROVIDER HAS BEEN PAID, FOR THE IMPACTED SERVICE, BY CUSTOMER FOR THE TWELVE (12) for any loss or injury arising out of or in connection with the Provider Technologies or Customer’s use thereofMONTH PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM OR EVENT(S) GIVING RISE TO SUCH LIABILITY REGARDLESS OF WHETHER BASED ON BREACH OF CONTRACT, STATUTORY VIOLATION(S), BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE), OR ANY OTHER BASIS IN LAW OR EQUITY. IfEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, notwithstanding the foregoingPROVIDER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, liability can be imposed on ProviderEXPRESS AND IMPLIED, Customer agrees that Provider's aggregate liability for any and all losses or injuries arising out of any act or omission of Provider in connection with the Provider Technologies, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00. Customer covenants and promises that it will not seek to recover from Provider an amount greater than such sum even if Customer was advised of the possibility of such damagesAS TO ANY SERVICE PROVIDED HEREUNDER. PROVIDER DOES NOT MAKE AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROVIDER TECHNOLOGIES. PROVIDER DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, LEGALITY, AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT OF THE PROVIDER TECHNOLOGIES OR ANY PROVIDER INFORMATION. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY CUSTOMER FROM RECEIPT OR USE OF PROVIDER INFORMATION OR AS A RESULT OF THE UNAVAILABILITY OF THE PROVIDER TECHNOLOGIES OR PROVIDER INFORMATION OR THE ABILIITY TO MAKE USE OF SAMETHIRD PARTY RIGHTS.

LIMITATION OF LIABILITY AND WARRANTIES. Provider expressly A. ZIPLINK hereby represents and warrants to Reseller that neither the ZIPLINK Services, nor the use of such ZIPLINK Services by Reseller or Reseller's Subscribers shall infringe any worldwide patent, copyright, trademark, trade secret or other intellectual property or proprietary right of any third party. B. Other than as set forth in the last sentence of this paragraph, ZIPLINK shall not be responsible for any damage suffered by Reseller or Reseller's Subscribers as a result of any interruption, termination or other failure or cessation of ZIPLINK Services, including loss of data, whether or not caused by ZIPLINK's negligence. Use of any information obtained via ZIPLINK Services is at Reseller's and Reseller's Subscribers' own risk and ZIPLINK cannot guarantee the accuracy or security of any such content. ZIPLINK specifically disclaims any warranty that responsibility for the Provider Technologies are impervious to tamperingaccuracy or quality of the information obtained through ZIPLINK Services. Customer acknowledge understands and Reseller further agrees that the Provider Technologies do ZIPLINK shall not prevent offenders from committing harmful, tortious, or illegal acts and that Provider expressly disclaims any liability be liable for any harmfulspecial, tortiousincidental, indirect, punitive or illegal acts committed by such offenders. In no event does Provider assume consequential damages or bear any responsibility for lost profits, business or liability for acts that may be committed by third parties or persons subject to or using the Provider Technologies or Provider Information. Provider shall have no liability to Customer (or to any person to whom Customer may have provided Provider Information) for any loss or injury revenues, arising out of of, or in connection with with, this Agreement or the Provider Technologies services provided hereunder, whether suffered by Reseller, any of Reseller's Subscribers or Customer’s use thereof. Ifany party claiming rights derived therefrom, notwithstanding the foregoing, liability can be imposed on Provider, Customer agrees that Provider's aggregate liability for any and all losses or injuries arising out of any act or omission of Provider in connection with the Provider Technologies, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to even if ZIPLINK shall have been violated, shall never exceed $100.00. Customer covenants and promises that it will not seek to recover from Provider an amount greater than such sum even if Customer was advised in advance of the possibility of such potential loss or damage. In no event shall ZIPLINK's aggregate liability with respect to Reseller or Reseller's Subscriber exceed the amount of all fees and charges actually paid respectively by Reseller or its Subscriber to ZIPLINK in respect thereof for the twelve (12) month period immediately prior to ZIPLINK's actions giving rise to such damages. PROVIDER DOES NOT MAKE C. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS SECTION 9 AND HEREBY DISCLAIMS SECTION 20, EACH PARTY PROVIDES ALL MATERIALS AND SERVICES TO THE OTHER PARTY "AS IS," WITHOUT ANY WARRANTYWARRANTY OF ANY KIND, EXPRESS OR INCLUDING WITHOUT LIMITATION, ANY WARRANTIES (EXPRESS, IMPLIED, WITH RESPECT TO THE PROVIDER TECHNOLOGIES. PROVIDER DOES NOT GUARANTEE OR WARRANT THE CORRECTNESSSTATUTORY) OF TITLE, COMPLETENESS, LEGALITYNON-INFRINGEMENT, MERCHANTABILITY, OR AND FITNESS FOR A PARTICULAR PURPOSE OF THE PROVIDER TECHNOLOGIES OR ANY PROVIDER INFORMATIONPURPOSE. IN NO EVENT D. NEITHER PARTY SHALL PROVIDER BE LIABLE FOR ANY INDIRECTLOST PROFITS OR SPECIAL, INCIDENTAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES (HOWEVER ARISING, INCURRED BY CUSTOMER FROM RECEIPT INCLUDING NEGLIGENCE) ARISING OUT OF OR USE OF PROVIDER INFORMATION OR AS A RESULT IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE PARTIES ARE AWARE OF THE UNAVAILABILITY POSSIBILITY OF THE PROVIDER TECHNOLOGIES OR PROVIDER INFORMATION OR THE ABILIITY TO MAKE USE SUCH DAMAGES. THIS LIMITATION ON LIABILITY SHALL NOT EXCUSE RESELLER OF SAMEITS PAYMENT OBLIGATIONS UNDER THIS AGREEMENT. E. Reseller will indemnify and hold ZIPLINK, its agents, successors, affiliates, suppliers and assigns free and harmless from any and all obligations, costs, expenses, claims, judgments, attorneys' fees and attachments arising from, growing out of, or in any way connected with, a) any breach by Reseller of its Subscriber Agreements, (b) any use of ZIPLINK Services by any of Reseller's Subscribers throughout its chain of distribution, including any claims relating to the quality or functionality of ZIPLINK Services. F. Both parties to this Agreement will indemnify and hold each other free and harmless from any and all obligations, costs, expenses, claims, judgments, attorneys' fee and attachments arising from, growing out of, or in any way connected with any breach of the express warranties contained in this Agreement, or any third party claims that any product services, marks, software, or software provided by ZIPLINK infringe any copyright, patent, trade secret, trademark or any other proprietary right of any third party or violates any application law or regulation. Provided, however, that the party seeking indemnification shall: (a) promptly notify the other party in writing of the claim, (b) provide to the other party all reasonably requested assistance in the defense of such a claim, and (c) shall grant the other party sole control of the litigation and any settlement negotiations related thereto, provided that no settlement may be entered into by the other party without the prior written consent of the party seeking indemnification. G. ZIPLINK shall not be liable for delays or failure to deliver or perform due to acts of God, acts of the other party, acts of civil or military authorities, fires, strikes, floods, or other similar events beyond its control. Reseller shall not be liable for any penalties or payments for services not received by ZIPLINK. In the event that of a situation as defined here lasts longer that ten (10) days, Reseller may terminate the Agreement without penalty.

LIMITATION OF LIABILITY AND WARRANTIES. Provider expressly disclaims any warranty that the Provider Technologies are impervious to tampering. Customer acknowledge understands and agrees that the Provider Technologies do not prevent offenders from committing harmful, tortious, or illegal acts and that Provider expressly disclaims any liability for any harmful, tortious, or illegal acts committed by such offenders. In no event does Provider assume or bear any responsibility or liability for acts that may be committed by third parties or persons subject to or using the Provider Technologies or Provider Information. Provider shall have no liability to Customer (or to any person to whom Customer may have provided Provider Information) for any loss or injury arising out of or in connection with the Provider Technologies or Customer’s use thereof. If, notwithstanding the foregoing, liability can be imposed on Provider, Customer agrees that Provider's aggregate liability for any and all losses or injuries arising out of any act or omission of Provider in connection with the Provider Technologies, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00. Customer covenants and promises that it will not seek to recover from Provider an amount greater than such sum even if Customer was advised of the possibility of such damages. PROVIDER DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROVIDER TECHNOLOGIES. PROVIDER DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, LEGALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROVIDER TECHNOLOGIES OR ANY PROVIDER INFORMATION. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY CUSTOMER FROM RECEIPT OR USE OF PROVIDER INFORMATION OR AS A RESULT OF THE UNAVAILABILITY OF THE PROVIDER TECHNOLOGIES OR PROVIDER INFORMATION OR THE ABILIITY TO MAKE USE OF SAME.