LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING SECTIONS 8.01 AND 8.02 TO THE CONTRARY, NEITHER PARTY SHALL IN ANY EVENT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE OTHER PARTY OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, FRANCHISEES OR OTHER OPERATORS FOR ANY TYPE OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS OPPORTUNITY) ARISING FROM A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ATTRIBUTABLE TO A BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT. COMPANY ACKNOWLEDGES AND AGREES THAT DISTRIBUTOR IS NOT THE MANUFACTURER OR PRODUCER OF THE PRODUCTS SUPPLIED BY DISTRIBUTOR. IN NO EVENT SHALL DISTRIBUTOR BE LIABLE WITH RESPECT TO ANY CONDITIONS, DEFECTS, DEFICIENCIES, DANGERS, FAULTS OR FAILURES, OF ANY KIND, IN OR RELATING TO ANY PRODUCTS SUPPLIED BY DISTRIBUTOR EXCEPT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT, TO THE EXTENT OF DISTRIBUTOR’S ACTUAL NEGLIGENCE IN ITS HANDLING OF SUCH PRODUCTS. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, DISTRIBUTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. THE RELEASEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM:
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. 15.1 Member acknowledges that Navigant’s fees and charges for the Services are very small in relation to the amounts of transfers initiated through the Services and, as a result, Navigant’s willingness to provide the Services is based on the limitations and allocations of liability contained in this Agreement. Unless expressly prohibited or otherwise restricted by applicable law, the liability of Navigant in connection with the Services will be limited to actual damages sustained by Member and only to the extent such damages are a direct result of Navigant’s gross negligence, willful misconduct or bad faith. In no event shall Navigant be liable for any consequential, special or indirect loss or damage that Member may suffer or incur in connection with the Services, including, without limitation, attorneys’ fees, lost earnings or profits, loss or damage from subsequent wrongful dishonor resulting from Navigant’s acts, or for any indemnification claim, whether contractual, equitable or other, regardless of whether the likelihood of such claim, loss or damage was known by Navigant and regardless of the basis, theory or nature of the action on which a claim is asserted. Unless expressly prohibited by or otherwise restricted by applicable law, and without limiting the foregoing, Navigant’s aggregate liability to Member for all losses, damages, and expenses incurred in connection with any single claim shall not exceed an amount equal to the monthly billing to Member for Services over the six (6) month-period immediately preceding the date on which the damage or injury giving rise to such claim is alleged to have occurred. Notwithstanding any of the foregoing, for transactions which are subject to Article 4A of the UCC, Navigant shall be liable for such damages as may be expressly required under Article 4A or the Fedwire Regulations, as applicable. This Agreement is only between Navigant and Member, and Navigant shall have no liability hereunder to any third party.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER ARISING FROM ANY BREACH OF THIS MIPRA, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S TOTAL LIABILITY TO THE OTHER UNDER THIS AGREEMENT SHALL NOT EXCEED $10,000. RESO PRODUCTS ARE PROVIDED “AS IS.” RESO AND MEMBERS MAKE NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED EXCEPT THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. RESO AND MEMBERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, TITLE, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. THIS PARAGRAPH SETS OUT MEMBER’S EXCLUSIVE REMEDIES. NOTWITHSTANDING ANY OTHER TERMS OF THIS PARAGRAPH OR THE REST OF THIS MIPRA, HOWEVER, THIS PARAGRAPH SHALL NOT APPLY IN THE EVENT OF ANY BREACH OF SECTIONS 2, 3, OR 5 OF THIS AGREEMENT. TERM AND TERMINATION
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. 12.1. Sysnet’s aggregate liability to Client, regardless of theory of liability, for all claims, damages, costs, losses expenses and other amounts arising out of or relating to this Agreement or the Services (collectively “Loss”) shall not exceed the fees paid to Sysnet by Client in the twelve months preceding the date of the event giving rise to such claim. Notwithstanding the forgoing, any liability in respect of fraud, fraudulent misrepresentation, personal injury or death caused by Sysnet’s gross negligence, recklessness or wilful misconduct shall not be limited or excluded.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. You understand and agree that we have no control over, and no duty to take any action regarding: ● which members subscribe to our Services; ● what content you access via our Services; ● what effect the content may have on you; ● how you may interpret or use the content; or ● what actions you may take as a result of your exposure to the content. You release us from all liability related to you acquiring or not acquiring content through our Services. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any such content contained in or accessed through our Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through our Services. Your interactions with organizations and/or individuals found on or through the Site, including membership payment or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. Warranty & Limitation of Liability (or The Things You Can’t Sue Us For) Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE "COMPANY PARTIES") BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED) OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT, MATERIALS, TEMPLATES, AGREEMENTS AND FORMS PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS, TEMPLATES, AGREEMENTS, AND FORMS; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, ...
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. 10.1 IN NO EVENT WILL YOUNOW BE LIABLE TO APP DEVELOPER, APP DEVELOPER USERS OR ANY OTHER THIRD PARTY WITH RESPECT TO THIS AGREEMENT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, REGARDLESS OF WHETHER YOUNOW WAS ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING). NOTWITHSTANDING THE FOREGOING OR ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NOTHING CONTAINED IN THIS AGREEMENT SHALL BE DEEMED TO CONSTITUTE A WAIVER OF YOUNOW’S COMPLIANCE WITH THE FEDERAL SECURITIES LAWS AND THE RULES AND REGULATIONS THEREUNDER, NOR SHALL IT CONSTITUTE A WAIVER BY THE APP DEVELOPER OF ANY OF THE APP DEVELOPER’S LEGAL RIGHTS UNDER APPLICABLE U.S. FEDERAL SECURITIES LAWS OR ANY OTHER LAWS WHOSE APPLICABILITY IS NOT PERMITTED TO BE CONTRACTUALLY WAIVED.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. 12.1. VIKINGCLOUD’S AGGREGATE LIABILITY TO CLIENT, REGARDLESS OF THEORY OF LIABILITY, FOR ALL CLAIMS, DAMAGES, COSTS, LOSSES, EXPENSES AND OTHER AMOUNTS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE FEES PAID TO VIKINGCLOUD BY CLIENT IN THE TWELVE MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM. NOTWITHSTANDING THE FORGOING, ANY LIABILITY IN RESPECT OF FRAUD, FRAUDULENT MISREPRESENTATION, PERSONAL INJURY OR DEATH CAUSED BY VIKINGCLOUD’S GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT SHALL NOT BE LIMITED OR EXCLUDED. NO ACTION ARISING OUT OF THIS AGREEMENT, REGARDLESS OF FORM, MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. IN THE EVENT OF ANY BREACH OF THIS AGREEMENT OR ANY FAILURE OF THE SERVICES WHATSOEVER, NEITHER AMERISION COMMUNICATIONS NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, ACTUAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, EVEN IF ANI MOBILITY OR THE SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANI MOBILITY MAKES NO WARRANTY WITH RESPECT TO THE SERVICE OR ITS PERFORMANCE UNDER THIS AGREEMENT. ANI MOBILITY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES OR WIRELESS DEVICE. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICES AND YOU AGREE TO HOLD US HARMLESS FOR ALL SUCH PROBLEMS. WE DO NOT AUTHORIZE YOU TO MAKE ANY WARRANTIES ON OUR BEHALF.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. 10.1 With the exception of Customer's obligation to indemnify Qwest hereunder, neither party shall be liable to the other party for any special, incidental, indirect, punitive or consequential damages (whether or not such damages were foreseeable or a party was notified of the possibility thereof) arising out of or in connection with such party's failure to perform its respective obligations hereunder, including, but not limited to, damage or loss of property or equipment, loss of profits or revenue (whether arising out of Outages, transmission interruptions or problems, any interruption or degradation of the functioning of the granted IRU(s) or otherwise), cost of capital, cost of replacement services, or claims of customers, whether occasioned by any construction, reconstruction, relocation, repair or maintenance performed by, or failed to be performed by, the other party or any other cause whatsoever, including, without limitation, breach of contract, breach of warranty, negligence, or strict liability, all claims for which damages are hereby specifically waived.
