Common use of Limitation of Liability Clause in Contracts

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.

Appears in 5 contracts

Samples: Software License Agreement, Developer Website License Agreement, www.webwiz.net

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Limitation of Liability. EACH FUND WILL INDEMNIFY AND HOLD CSS HARMLESS AGAINST ANY LOSSES, CLAIMS, DAMAGES, LIABILITIES OR EXPENSES (INCLUDING REASONABLE COUNSEL FEES AND EXPENSES) RESULTING FROM ANY CLAIM, DEMAND, ACTION OR SUIT BROUGHT BY ANY PERSON (INCLUDING A SHAREHOLDER NAMING SUCH FUND AS A PARTY) OTHER THAN SUCH FUND NOT RESULTING FROM CSS'S BAD FAITH, WILLFUL MISFEASANCE, RECKLESS DISREGARD OF ITS OBLIGATIONS AND DUTIES, OR NEGLIGENCE ARISING OUT OF, OR IN CONNECTION WITH, CSS'S PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED CSS HAS NOT ACTED WITH BAD FAITH, WILLFUL MISFEASANCE, RECKLESS DISREGARD OF ITS OBLIGATIONS AND DUTIES, OR GROSS NEGLIGENCE, EACH FUND WILL ALSO INDEMNIFY AND HOLD CSS HARMLESS AGAINST ANY LOSSES, CLAIMS, DAMAGES, LIABILITIES OR EXPENSES (INCLUDING REASONABLE COUNSEL FEES AND EXPENSES) RESULTING FROM ANY CLAIM, DEMAND, ACTION OR SUIT RESULTING FROM THE NEGLIGENCE OF SUCH FUND, OR CSS'S ACTING UPON ANY INSTRUCTIONS REASONABLY BELIEVED BY APPLICABLE LAWIT TO HAVE BEEN EXECUTED OR COMMUNICATED BY ANY PERSON DULY AUTHORIZED BY SUCH FUND, OR AS A RESULT OF CSS'S ACTING IN RELIANCE UPON ADVICE REASONABLY BELIEVED BY CSS TO HAVE BEEN GIVEN BY COUNSEL FOR THE FUND, OR AS A RESULT OF CSS'S ACTING IN RELIANCE UPON ANY INSTRUMENT REASONABLY BELIEVED BY IT TO HAVE BEEN GENUINE AND SIGNED, COUNTERSIGNED OR EXECUTED BY THE PROPER PERSON. CSS'S LIABILITY FOR ANY AND ALL CLAIMS OF ANY KIND, INCLUDING NEGLIGENCE, FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THIS AGREEMENT, OR FROM THE PERFORMANCE OR BREACH THEREOF, OR FROM THE DESIGN, DEVELOPMENT, LEASE, REPAIR, MAINTENANCE, OPERATION OR USE OF DATA PROCESSING SYSTEMS AND THE MAINTENANCE OF A FUNDS' SHAREHOLDER ACCOUNT RECORDS AS PROVIDED FOR BY THIS AGREEMENT WILL IN THE AGGREGATE NOT EXCEED THE TOTAL OF CSS'S COMPENSATION HEREUNDER FOR THE SIX MONTHS IMMEDIATELY PRECEDING THE DISCOVERY OF THE CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS CSS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, (EVEN IF CSS HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES) ARISING FROM THE OBLIGATIONS ASSUMED HEREUNDER AND THE SERVICES PROVIDED FOR BY THIS AGREEMENT, AND REGARDLESS INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE OF THE LEGAL SHAREHOLDER ACCOUNTING SYSTEM, COST OF CAPITAL, COST OF SUBSTITUTE FACILITIES, PROGRAMS OR EQUITABLE THEORY (CONTRACTSERVICES, TORT DOWNTIME COSTS, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION CLAIMS OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID SHAREHOLDERS FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONDAMAGE.

Appears in 5 contracts

Samples: Servicing Agreement (First Variable Rate Fund for Government Income /Md/), Servicing Agreement (Calvert Social Index Series Inc), Servicing Agreement (Calvert Fund)

Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR WE OR ITS SUPPLIERS OUR VENDORS, INCLUDING OUR OR RESELLERS THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY INDIRECTDAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE USE OF OR INABILITY SERVICES; (II) ANY CLAIM ATTRIBUTABLE TO USE THE SOFTWAREERRORS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONOMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY AND ALL OTHER COMMERCIAL DAMAGES MATTER RELATING TO THE SERVICES DESCRIBED OR LOSSESPROVIDED, EVEN IF WE OR OUR VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND REGARDLESS EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. FURTHER, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR FAILURE TO EXECUTE ANY TRANSFER OR PERFORM A RELATED ACT IF SUCH FAILURE IS DUE TO CAUSES OR CONDITIONS BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, STRIKES, RIOTS, INSURRECTION, WAR, MILITARY OR NATIONAL EMERGENCIES, ACTS OF THE LEGAL GOD, NATURAL DISASTERS. FIRE, OUTAGES OF COMPUTERS OR EQUITABLE THEORY (CONTRACTASSOCIATED EQUIPMENT, TORT QUARANTINES, PANDEMICS. OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDFAILURE OF TRANSPORTATION OR COMMUNICATION METHODS OR POWER SUPPLIES. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION DAMAGES MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR APPLY, ANY LIABILITY ARISING OUT OF CONTENT PROVIDED US OR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS AND AGENTS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMERLAW, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONBUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

Appears in 5 contracts

Samples: Banking Service Agreement, Banking Services Agreement, Banking Service Agreement

Limitation of Liability. UNLESS OTHERWISE REQURED BY LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OF THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICE, REGARDLESS OF THE FORM OF THE ACTION OR THEORY OF RECOVERY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILTY OF THOSE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR LICENSOR, CUSB BANK, ANY OF THEIR CONTRACTORS OR ITS SUPPLIERS PROVIDERS, OR RESELLERS ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDINGINCLUDING BUT NOT LIMITED TO ANY GENERAL, WITHOUT LIMITATIONSPECIAL, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE INCIDENTAL OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESCONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR'S ENTIRE LIABILITY UNDER , CUSB BANK, OR ANY PROVISION OF THIS AGREEMENT THE OTHER PERSONS OR ENTITES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES LICENSEE PAID BY YOU FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONCHECK DEPOSIT SERVICE.

Appears in 5 contracts

Samples: Banking Agreement, Online Banking Agreement and Disclosure, Online Banking Agreement and Disclosure

Limitation of Liability. NEITHER OANDA NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE TO THE MAXIMUM EXTENT PERMITTED YOU OR ANY THIRD PARTY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES, INCLUDING ATTORNEYS' FEES, CAUSED, DIRECTLY OR INDIRECTLY, BY APPLICABLE LAWANY EVENTS, IN ACTIONS OR OMISSIONS, INCLUDING, WITHOUT LIMITATION, CLAIMS, LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, RESULTING FROM CIVIL UNREST, WAR, INSURRECTION, INTERNATIONAL INTERVENTION, GOVERNMENTAL ACTION (INCLUDING, WITHOUT LIMITATION, EXCHANGE CONTROLS, FORFEITURES, NATIONALIZATIONS, DEVALUATIONS), NATURAL DISASTERS, ACTS OF GOD, MARKET CONDITIONS, INABILITY TO COMMUNICATE WITH ANY RELEVANT PERSON, INCORRECT OR ERRONEOUS EXCHANGE RATES OR ANY DELAY, DISRUPTION, FAILURE OR MALFUNCTION OF ANY TRANSMISSION OR COMMUNICATION SYSTEM OR COMPUTER FACILITY, WHETHER BELONGING TO YOU, OANDA, ANY MARKET, OR ANY SETTLEMENT OR CLEARING SYSTEM. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS YOU MAY SUFFER AS A RESULT OF USING, OR ACCESSING FXTRADE. UNDER NO EVENT WILL LICENSOR CIRCUMSTANCES SHALL OANDA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS OR RESELLERS DISTRIBUTORS BE LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR LOSSESANY OTHER THEORY), EVEN IF ADVISED OANDA HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. ABSENT OANDA’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE OANDA’S TOTAL CUMULATIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE YOU FOR ANY LIABILITY LOSS, COSTS, CLAIMS OR DAMAGES OF ANY KIND ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH RELATED TO THIS AGREEMENT WILL NOT EXCEED THE PRODUCT AND/LESSER OF $100,000 OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT THE AVERAGE BALANCE OF YOUR STATUTORY RIGHTS ACCOUNT THROUGHOUT THE PERIOD DURING WHICH THE EVENTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONDISPUTE OCCURRED.

Appears in 4 contracts

Samples: www.oanda.com, www1.oanda.com, www.oanda.com

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) IN NO EVENT WILL LICENSOR SOLARWINDS WORLDWIDE AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS AGENTS HAVE ANY LIABILITY, CONTINGENT OR RESELLERS BE LIABLE OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, CONSEQUENTIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE USE OF SERVICES, SOFTWARE, DOCUMENTATION, OR INABILITY TO USE THE SOFTWAREANY OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO LOST PROFITS, DAMAGES FOR LOST OR CORRUPTED DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER EQUIPMENT FAILURE OR MALFUNCTION, PROPERTY DAMAGE OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH THE CLAIM ANY SUCH LIABILITY IS BASED. IN ; AND (II) THE AGGREGATE LIABILITY OF SOLARWINDS WORLDWIDE AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AND AGENTS, AND THE SOLE REMEDY AVAILABLE TO YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, SOFTWARE, OR ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION PRODUCTS OR SERVICES PROVIDED HEREUNDER SHALL BE LIMITED TO TERMINATION OF THIS AGREEMENT SHALL AND DAMAGES NOT TO EXCEED IN THE AGGREGATE TOTAL AMOUNT PAYABLE OR PAID TO SOLARWINDS WORLDWIDE UNDER THIS AGREEMENT DURING THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TWELVE MONTHS PRIOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONTERMINATION.

Appears in 4 contracts

Samples: Software Services Agreement, Software Services Agreement, Software Services Agreement

Limitation of Liability. QUICK HEAL’S ENTIRE AGGREGATE LIABILITY TO YOU FOR ANY CLAIM OR LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE MAXIMUM EXTENT PERMITTED TOTAL PAYMENTS PAID BY YOU (AT THE TIME OF PURCHASE) TO APPROVED SOURCE UNDER THIS AGREEMENT OR THE APPLICABLE LAW, ENTITLEMENT CONFIRMATION. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS SHALL QUICK HEAL BE LIABLE FOR ANY INDIRECT, SPECIALINCIDENTAL, INCIDENTAL EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF REVENUE, GOODWILL OR PROFITS OR CONFIDENTIAL INFORMATION OR OTHER INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, DUTY OF GOOD FAITH OR DUTY OF REASOANBLE CARE, ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDINGTHE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, WITHOUT LIMITATIONINFORMATION, DAMAGES FOR LOSS SOFTWARE AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONTHE USE OF SOFTWARE, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OTHERWISE UNDER OR LOSSESIN CONNECTION WITH THIS AGREEMENT, EVEN IF THE DAMAGES WERE FORESEEABLE OR QUICK HEAL HAD BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL THOSE DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH CLAIM OR EQUITABLE THEORY (LIABILITY ARISE UNDER CONTRACT, TORT (INCLUDING GROSS NEGLIGENCE), EQUITY, STATUTE OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NOTHING IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH LIMITS OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR EXCLUDES ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE THAT CANNOT BE LIMITED OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS EXCLUDED UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONLAW.

Appears in 4 contracts

Samples: Quick Heal End User License Agreement, Quick Heal End User License Agreement, Quick Heal End User License Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR THINGLOGIX OR ITS SUPPLIERS OR RESELLERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECTDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR CONSEQUENTIAL INDIRECT DAMAGES ARISING OUT OF THE USE OF (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR INABILITY TO USE THE SOFTWAREOTHERWISE), INCLUDINGWHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOSS PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE THE USE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESINABILITY TO USE THE APPLICATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDSUCH DAMAGES. IN ANY CASE, LICENSOR'S THE ENTIRE LIABILITY OF THINGLOGIX AND ITS SUPPLIERS AND LICENSORS UNDER ANY PROVISION THIS AGREEMENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR THE APPLICATION. THINGLOGIX’S SUPPLIERS AND LICENSORS ARE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT, CAPABLE OF DIRECTLY ENFORCING THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AGAINST YOU AS A THIRD PARTY BENEFICIARY. YOU WAIVE ANY AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY)ALL CLAIMS, WITH THE EXCEPTION OF DEATH NOW KNOWN OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESLATER DISCOVERED, SO THIS EXCLUSION THAT YOU MAY HAVE AGAINST THINGLOGIX’S SUPPLIERS AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY LICENSORS ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENTLICENSE OF THE APPLICATION AND ITS MARKETING, YOUR USE OF THE APPLICATION, AND THIS AGREEMENT. IF YOU YOUR SOLE AND EXCLUSIVE REMEDIES ARE A CONSUMERAGAINST THINGLOGIX AND SUBJECT TO THE PROVISIONS OF THIS AGREEMENT. Some states do not allow the exclusion of incidental or consequential damages, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONor the limitation on how long an implied warranty lasts, so some of the above may not apply to you.

Appears in 3 contracts

Samples: User License Agreement, End User License Agreement, End User License Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN UNDER NO EVENT WILL LICENSOR CIRCUMSTANCES SHALL ACRONIS OR ITS SUPPLIERS AFFILIATES (INCLUDING SUPPLIERS, RESELLERS, OR RESELLERS PARTNERS) OR THEIR RESPECTIVE EXECUTIVES, EMPLOYEES, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR PERSONAL INJURY, OR ANY INDIRECTINCIDENTAL, SPECIAL, INCIDENTAL DIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREWHATSOEVER, INCLUDING, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILLPROFITS, WORK STOPPAGELOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE ACRONIS SOFTWARE AND SERVICES OR THIS AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDSUCH DAMAGES. IN ANY CASENO EVENT SHALL ACRONIS’S, LICENSOR'S ENTIRE OR IT’S AFFILIATES’, TOTAL LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT TO YOU, FOR ALL DAMAGES EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (AMOUNT, IF ANY) , PAID BY YOU TO ACRONIS FOR THE SOFTWARE AND/OR SERVICES DURING THE TWELVE MONTHS PRIOR TO THE EVENT WHICH GAVE RISE TO THE DAMAGES IN QUESTION. IF THE SOFTWARE AND FEES SERVICES ARE PROVIDED WITHOUT CHARGE, THEN THERE SHALL BE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SUPPORT ANY BREACH. THIS LIMITATION OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR LIABILITY FOR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OR EXCLUSION OF LICENSOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, WILL APPLY ONLY TO THE EXTENT PERMITTED UNDER APPLICABLE LAW PROHIBITS LAW. THE LIMITATION DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF DAMAGES IN SUCH CASESWHETHER OR NOT YOU ACCEPT THE SOFTWARE, UPDATES OR UPGRADES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION PARTIES AGREE THAT THE LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION SECTION ARE ESSENTIAL AND LIMITATION MAY THAT LICENSEE WOULD NOT BE APPLICABLEPERMITTED TO USE THE SOFTWARE IF LICENSEE HAD NOT AGREED TO THESE TERMS. ‘WEB WIZ’ THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT FOUND TO HAVE FAILED OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONITS ESSENTIAL PURPOSE.

Appears in 3 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

Limitation of Liability. THE YAHOO! ENTITIES AND YAHOO! LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE MAXIMUM EXTENT PERMITTED USE OF THE YAHOO! SOFTWARE BY APPLICABLE LAWYOURSELF OR BY THIRD PARTIES, IN NO EVENT WILL LICENSOR TO THE USE OR ITS SUPPLIERS NON-USE OF ANY BROKERAGE FIRM OR RESELLERS BE DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY. THE YAHOO! ENTITIES AND YAHOO! LICENSORS ARE NOT LIABLE TO YOU FOR ANY INDIRECTAND ALL DIRECT, INCIDENTAL, SPECIAL, INCIDENTAL INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE YAHOO! SOFTWARE, YOUR USE OF OR INABILITY TO USE OR ACCESS THE YAHOO! SOFTWARE, INCLUDINGOR ANY DATA PROVIDED THROUGH THE YAHOO! SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, DAMAGES THOSE FOR LOSS OF GOODWILLBUSINESS PROFITS, WORK STOPPAGEINJURY TO PERSON OR PROPERTY, COMPUTER FAILURE OR MALFUNCTIONBUSINESS INTERRUPTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED LOSS OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH BUSINESS OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESINFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES SO THIS EXCLUSION AND LIMITATION RESTRICTION MAY NOT BE APPLICABLEAPPLY TO YOU. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT INFORMATION PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/YAHOO! SOFTWARE, INCLUDING STOCK QUOTES, ANALYSIS, MARKET INFORMATION, NEWS, AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE YAHOO! ENTITIES AND YAHOO! LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. YAHOO! MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE YAHOO! SOFTWARE OR THE USE OF ALL OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMERFEATURES OR TECHNOLOGY IN THE YAHOO! SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, THESE CONDITIONS DO INCLUDING, BUT NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONLIMITED TO, CONTENT AND HOURS OF AVAILABILITY.

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

Limitation of Liability. THE YAHOO! ENTITIES AND YAHOO! LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE MAXIMUM EXTENT PERMITTED USE OF THE YAHOO! SOFTWARE BY APPLICABLE LAWYOURSELF OR BY THIRD PARTIES, IN NO EVENT WILL LICENSOR TO THE USE OR ITS SUPPLIERS NON-USE OF ANY BROKERAGE FIRM OR RESELLERS BE DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY. THE YAHOO! ENTITIES AND YAHOO! LICENSORS ARE NOT LIABLE TO YOU FOR ANY INDIRECTAND ALL DIRECT, INCIDENTAL, SPECIAL, INCIDENTAL INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE YAHOO! SOFTWARE, YOUR USE OF OR INABILITY TO USE OR ACCESS THE YAHOO! SOFTWARE, INCLUDINGOR ANY DATA PROVIDED THROUGH THE YAHOO! SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, DAMAGES THOSE FOR LOSS OF GOODWILLBUSINESS PROFITS, WORK STOPPAGEINJURY TO PERSON OR PROPERTY, COMPUTER FAILURE OR MALFUNCTIONBUSINESS INTERRUPTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED LOSS OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH BUSINESS OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESINFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES SO THIS EXCLUSION AND LIMITATION RESTRICTION MAY NOT BE APPLICABLEAPPLY TO YOU. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT INFORMATION PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/YAHOO! SOFTWARE, INCLUDING STOCK QUOTES, ANALYSIS, MARKET INFORMATION, NEWS, AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE YAHOO! ENTITIES AND YAHOO! LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. YAHOO! MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE YAHOO! SOFTWARE OR THE USE OF ALL OR ANY MATERIAL LINKED THROUGH SUCH FEATURES OR TECHNOLOGY IN THE YAHOO! SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONHOURS OF AVAILABILITY.

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

Limitation of Liability. The section entitled “Limitation of Liability” of the General Terms does not apply to Zelle Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR WE, ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR ITS SUPPLIERS OR RESELLERS NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY INDIRECTDAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE USE OF OR INABILITY ZELLE PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO USE THE SOFTWAREERRORS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONOMISSIONS, OR OTHER INACCURACIES IN THE ZELLE PAYMENT SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY AND ALL OTHER COMMERCIAL DAMAGES MATTER RELATING TO THE ZELLE PAYMENT SERVICES DESCRIBED OR LOSSESPROVIDED, EVEN IF WE OR ZELLE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND REGARDLESS OF EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDZELLE PAYMENT SERVICES. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION DAMAGES MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR APPLY, ANY LIABILITY ARISING OUT OF CONTENT PROVIDED OURS, ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMERLAW, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONBUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

Appears in 3 contracts

Samples: Banking Service Agreement, Banking Service Agreement, Banking Service Agreement

Limitation of Liability. Neither the Bank nor our Service Providers are liable for failures to perform our obligations under this Agreement resulting from fire, earthquake, flood or any failure or delay of any transportation, power, computer or communications system or any other or similar cause beyond our control THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND AGENTS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MAXIMUM EXTENT PERMITTED SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY APPLICABLE LAWSTRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT WILL LICENSOR SHALL WE OR ITS SUPPLIERS OUR AFFILIATES OR RESELLERS SERVICE PROVIDERS OR THE EMPLOYEES OR AGENTS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR AGENTS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREEXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INCLUDING LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE GOODWILL OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS ) ARISING IN ANY WAY OUT OF THE LEGAL INSTALLATION, USE, OR EQUITABLE THEORY MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR AGENTS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN “ARBITRATION” AND “GOVERNING LAW” SECTIONS OF THIS AGREEMENT ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UPON WHICH ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE CLAIM IS BASED. IN AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND AGENTS OF EACH OF THESE, TO YOU AND ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER THIRD PARTY FOR ANY PROVISION OF AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM BE LIMITED TO DIRECT OUT OF THE FEES LICENSEE PAID FOR THIS LICENSE POCKET DAMAGES UP TO A MAXIMUM OF $500 (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANYFIVE HUNDRED DOLLARS), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES SO THIS THE ABOVE LIMITATION OR EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONAPPLY TO YOU.

Appears in 3 contracts

Samples: Banking Service Agreement, Banking Service Agreement, Banking Service Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED EXCEPT AS SPECIFICALLY PROVIDED HEREIN, OR OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR YOU AGREE THAT THE CREDIT UNION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR ITS SUPPLIERS OR RESELLERS BE CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, SPECIALINCIDENTAL, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT UNDER OR BY REASON OF THE SERVICE OR PRODUCTS PROVIDED HEREUNDER OR BY REASON OF YOUR USE OF OR INABILITY ACCESS TO USE THE SOFTWARESERVICE. THE CREDIT UNION SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE SERVICES EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS AND SHALL BE LIABLE ONLY FOR ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING THOSE SERVICES. THE CREDIT UNION SHALL NOT BE RESPONSIBLE FOR YOUR ACTS OR OMISSIONS, INCLUDING WITHOUT LIMITATION, THE AMOUNT, ACCURACY, OR TIMELINESS OF TRANSMITTAL, OR THOSE OF ANY PERSON, INCLUDING, WITHOUT LIMITATIONLIMITATION ANY FEDERAL RESERVE FINANCIAL INSTITUTION OR TRANSMISSION OR COMMUNICATIONS FACILITY, DAMAGES AND NO SUCH PERSON SHALL BE DEEMED THE CREDIT UNION’S AGENT. YOU AGREE TO INDEMNIFY THE CREDIT UNION AND ITS SERVICE PROVIDERS AGAINST ANY CLAIMS, DAMAGES, LOSS LIABILITY OR EXPENSE (INCLUDING ATTORNEYS’ FEES) RESULTING FROM OR ARISING OUT OF ANY CLAIM OF ANY PERSON THAT THE CREDIT UNION IS RESPONSIBLE FOR LOSS ANY ACT OR OMISSION OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONYOURS, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDPERSON DESCRIBED IN THIS PARAGRAPH. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT NO EVENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT CREDIT UNION BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE LIABLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE CONSEQUENTIAL, SPECIAL, PUNITIVE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/INDIRECT LOSS OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. DAMAGE WHICH YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONINCUR OR SUFFER IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM THE CREDIT UNION’S ACTS OR OMISSIONS HEREUNDER.

Appears in 3 contracts

Samples: Electronic Services Disclosure and Agreement, Electronic Services Disclosure and Agreement, Electronic Services Disclosure and Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWUNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN NO EVENT WILL LICENSOR TORT, CONTRACT, OR ITS SUPPLIERS OR RESELLERS OTHERWISE, SHALL SAGE BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, ANY CHARACTER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, FOR PERSONAL INJURY, LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), AND FOR ANY AND ALL OTHER COMMERCIAL DAMAGES PECUNIARY OR LOSSESOTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS XXXX, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY SAGE, AND EVEN IF SAGE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF SUCH DAMAGES. IN NO EVENT WILL SAGE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH LIST PRICE SAGE CHARGES FOR A LICENSE TO THE CLAIM IS BASEDSOFTWARE. IN ANY CASE, LICENSOR'S ENTIRE THIS LIMITATION OF LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID APPLY TO LIABILITY FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESLIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONLAW.

Appears in 3 contracts

Samples: Software Asia, End User License Agreement, End User License Agreement for Easypay

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR YOU AGREE THAT THE CREDIT UNION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR ITS SUPPLIERS OR RESELLERS BE CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, SPECIALINCIDENTAL, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT UNDER OR BY REASON OF THE SERVICE OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR INABILITY ACCESS TO USE THE SOFTWARESERVICE. THE CREDIT UNION SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE SERVICES EXPRESSLY PROVIDED FOR IN THIS AGREEMENT AND SHALL BE LIABLE ONLY FOR ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING THOSE SERVICES. THE CREDIT UNION SHALL NOT BE RESPONSIBLE FOR YOUR ACTS OR OMISSIONS, INCLUDING WITHOUT LIMITATION, THE AMOUNT, ACCURACY, OR TIMELINESS OF TRANSMITTAL, OR THOSE OF ANY PERSON, INCLUDING, WITHOUT LIMITATIONLIMITATION ANY FEDERAL RESERVE FINANCIAL INSTITUTION OR TRANSMISSION OR COMMUNICATIONS FACILITY, DAMAGES AND NO SUCH PERSON SHALL BE DEEMED THE CREDIT UNION’S AGENT. YOU AGREE TO INDEMNIFY THE CREDIT UNION AGAINST ANY CLAIMS, DAMAGES, LOSS LIABILITY OR EXPENSE (INCLUDING ATTORNEYS’ FEES) RESULTING FROM OR ARISING OUT OF ANY CLAIM OF ANY PERSON THAT THE CREDIT UNION IS RESPONSIBLE FOR LOSS ANY ACT OR OMISSION OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONYOURS, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDPERSON DESCRIBED IN THIS PARAGRAPH. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT NO EVENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT CREDIT UNION BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE LIABLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE CONSEQUENTIAL, SPECIAL, PUNITIVE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/INDIRECT LOSS OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. DAMAGE WHICH YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONINCUR OR SUFFER IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM THE CREDIT UNION’S ACTS OR OMISSIONS PURSUANT TO THIS AGREEMENT.

Appears in 3 contracts

Samples: Remote Deposit Agreement and Disclosure, Digital Banking Agreement and Disclosure, Digital Banking Agreement and Disclosure

Limitation of Liability. NOTHING IN THIS AGREEMENT RESTRICTS, EXCLUDES OR MODIFIES OR PURPORTS TO RESTRICT, EXCLUDE OR MODIFY ANY MANDATORY STATUTORY CONSUMER RIGHTS UNDER APPLICABLE LAW. WITH RESPECT TO ANY CONDITIONS, WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER APPLICABLE STATUTES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT OUR LIABILITY IS LIMITED (AT OUR OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF THE RELEVANT PORTION OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) WE WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES OF ANY KIND, OR LOSSES THAT WERE NOT REASONABLY FORESEEABLE TO YOU OR US AT THE TIME YOU AGREED TO THIS AGREEMENT, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, AND UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY (COLLECTIVELY, “INDIRECT LOSSES”). LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH YOU AND WE KNEW IT MIGHT HAPPEN. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR INDIRECT LOSSES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARESERVICES OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. THE COMPANY PARTIES DO NOT EXCLUDE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. LIMIT IN ANY CASE, LICENSOR'S ENTIRE WAY OUR LIABILITY UNDER ANY PROVISION OF TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID INCLUDES LIABILITY FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF LICENSOR OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS, FOR GROSS NEGLIGENCE OR WILLFUL BEHAVIOR, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION. OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO USE THE SERVICES; AND (B) TEN UNITED STATES DOLLARS ($10). ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE COMPANY PARTIES. WITH RESPECT TO ANY CONDITIONS, WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER STATUTE, TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS PERMITTED UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS LAW, OUR LIABILITY IS LIMITED (AT YOUR DISCRETIONOUR OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF RELEVANT SERVICES.

Appears in 3 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

Limitation of Liability. NOTWITHSTANDING ANY TERMS AND CONDITIONS TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR SHALL ABB BE LIABLE, WHETHER IN CONTRACT OR ITS SUPPLIERS TORT (INCLUDING NEGLIGENCE) FOR BREACH OF STATUTORY DUTY OR RESELLERS BE LIABLE OTHERWISE IN CONNECTION WITH A CONTRACT, EVEN IF ABB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (I) LOSS OF PROFITS (I) LOSS OF PROFITS, SALES OR BUSINESS, AGREEMENTS OR CONTRACTS, ANTICIPATED SAVINGS, TURNOVER OR GOODWILL, (II) BUSINESS INTERRUPTION OR LOSS OR CORRUPTION OF DATA, (III) COST OF SUBSTITUTE PRODUCTS OR SERVICES, (IV) ANY INDIRECTPUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT DAMAGES, OR (V) OTHER LOSSES OR DAMAGES, INCLUDING DIRECT DAMAGES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE USE SERVICES AND THE SOFTWARE IS AT YOUR OWN RISK. NOTWITHSTANDING CLAUSE 1.1, ABB PROVIDES THE SERVICES AND SOFTWARE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY AND WITHOUT MAINTENANCE OR SUPPORT SERVICES AND SOLELY FOR THE PURPOSES CONTEMPLATED BY THIS AGREEMENT. ABB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND ABB DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR INABILITY TO USE OTHERWISE IN CONNECTION WITH THE SERVICES AND SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS ANY WARRANTY THAT THE SERVICES OR SOFTWARE WILL BE AVAILABLE WITHOUT INTERRUPTION, FREE OF GOODWILLERRORS OR HARMFUL COMPONENTS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONTHAT THE REPORTS PROVIDED ARE ACCURATE, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESIMPLIED WARRANTIES OF MERCHANTABILITY, EVEN IF ADVISED OF THE POSSIBILITY THEREOFFITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON- INFRINGEMENT, QUIET ENJOYMENT, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY WARRANTIES ARISING OUT OF CONTENT PROVIDED COURSE OF TRADE USAGE. ABB SHALL NOT BE LIABLE FOR ANY FAILURE BY LICENSEE YOU TO HAVE ANY DRAWINGS, DIAGRAMS OR A THIRD PARTY THAT IS ACCESSED THROUGH OTHER DOCUMENTS ISSUED BY THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENTABB EMERGENCY LIGHTING CONFIGURATOR APPLICATION VALIDATED BY AN INSPECTION AGENCY. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONSOLE RESPONSIBILITY WILL BE ENGAGED.

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. FRONTIER (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY, THE "FRONTIER PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE MAXIMUM IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF CUSTOMER OWNED DEVICES/EQUIPMENT, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN CONCERNING YOUR SERVICE. FRONTIER DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. ALSO, THERE IS NO EVENT WILL LICENSOR WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY FRONTIER OR ITS SUPPLIERS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. FRONTIER DOES NOT WARRANT OR RESELLERS GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF FRONTIER HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR TELEPHONE EQUIPMENT/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR SERVICE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR FRONTIER SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY FRONTIER-PROVIDED EQUIPMENT). FRONTIER SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY THAT IS CAUSED BY ANY OF THE FOLLOWING: (1) ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR OTHER THIRD PARTY; (2) EQUIPMENT, NETWORK OR FACILITY FAILURE, UPGRADE, SHORTAGE, RELOCATION OR MODIFICATION; (3) EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER TO YOU; OR (4) ANY OTHER CAUSE THAT IS BEYOND FRONTIER’S CONTROL. IN NO EVENT SHALL THE FRONTIER PARTIES OR FRONTIER'S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR CONSEQUENTIAL DAMAGES LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OF OR INABILITY TO USE THE SOFTWARESERVICE, INCLUDINGOR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILLTHOSE ARISING UNDER CONTRACT, WORK STOPPAGETORT, COMPUTER FAILURE NEGLIGENCE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESSTRICT LIABILITY, EVEN IF FRONTIER HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF THE FRONTIER PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FRONTIER FOR THE SERVICE DURING THE NINETY (90) DAY PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE LEGAL TYPE OF CLAIM OR EQUITABLE THEORY (CONTRACTNATURE OF THE CAUSE OF ACTION. ALL OF THE FOREGOING LIMITATIONS STATED IN THIS SECTION SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, TORT AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR OTHERWISE) UPON DEFENSES WHICH THE CLAIM IS BASEDARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN ANY CASETHIS SECTION ALSO APPLY TO FRONTIER'S THIRD PARTY LICENSORS, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION PROVIDERS AND SUPPLIERS, AS INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANYSUCH AS CONSUMER LAWS), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION LIMITATIONS MAY NOT BE APPLICABLEAPPLY TO YOU. ‘WEB WIZ’ IS NOT RESPONSIBLE FRONTIER RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH POLICIES RELATING TO THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONSERVICE).

Appears in 3 contracts

Samples: Legally Binding Agreement, Legally Binding Agreement, Legally Binding Agreement

Limitation of Liability. AVID’S LIABILITY ON ANY ACTIONS, CLAIMS, OR CAUSES OF ACTION ARISING FROM OR RELATED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPURCHASE AGREEMENT, THE PERFORMANCE OR BREACH OF THE PURCHASE AGREEMENT OR CONNECTED IN ANY MANNER WITH THE SUPPLYING OF ANY PRODUCTS OR SERVICES HEREUNDER, THE DESIGN, THE SALE, RESALE, OPERATION OR USE ALLOCABLE TO SUCH PRODUCTS, PART OR SERVICES THEREOF INVOLVED IN THE CLAIM, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NELIGENCE AND FOR PROPERTY DAMAGE, PERSONAL INJURY AND DEATH) OR OTHER GROUNDS, SHALL NOT IN ANY EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT, PARTS OR SERVICES INVOLVED IN THE CLAIM, REGARDLESS OF CAUSE OR FAULT. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS SHALL AVID BE LIABLE FOR CLAIMS BASED UPON BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED WARRANTY, OR NELIGENCE FOR ANY INDIRECTDAMAGES, SPECIALWHETHER DIRECT, INCIDENTAL IMMEDIATE, OR CONSEQUENTIAL DAMAGES ARISING OUT FORESEEABLE FOR ANY EXPENSES INCURRED BY REASON OF THE USE OR MISUSE, DESIGN, SALE OR PRODUCTION OF THE PRODUCT, THE COMPONENTS THEREFOR, OTHER PRODUCTS OR INABILITY SERVICES, WHICH DO OR DO NOT COMFORM TO USE THE SOFTWAREPURCHASE AGREEMENT. AVID SHALL NOT BE RESPONSIBLE TO PURCHASER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INCLUDINGCONSEQUENTIAL OR INDIRECT DAMAGES, WITHOUT LIMITATION, DAMAGES FOR INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILLPROFITS, WORK STOPPAGEREVENUES, COMPUTER FAILURE SALES, DATA, BUSINESS, GOODWILL OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESUSE, EVEN IF AVID HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, OF SUCH LOSS OR DAMAGE. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. ANY OTHER CONTRARY PROVISION IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS OTHER AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESDOCUMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.Any cause of action against AVID must be instituted within one

Appears in 3 contracts

Samples: Standard Terms And, Standard Terms And, Standard Terms And

Limitation of Liability. CUSTOMER UNDERSTANDS AND AGREES THAT IF CUSTOMER CLAIMS ANY LOSS OR DAMAGES AGAINST COMPANY, REGARDLESS OF THE CAUSE, INCLUDING BUT NOT LIMITED TO COMPANY'S OWN NEGLIGENCE, FAILURE TO PERFORM ANY OF THE OBLIGATIONS SET FORTH IN THIS AGREEMENT, FROM THE MANUFACTURE, SALE, DELIVERY OR USE OF ANY GOOD COVERED BY OR FURNISHED UNDER THIS AGREEMENT, COMPANY’S LIABILITY SHALL IN NO CASE EXCEED THE PRICE ALLOCABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWGOOD(S) WHICH GIVE RISE TO THE CLAIM, INCLUSIVE OF ALL TYPES OF DAMAGES, ATTORNEY'S FEES, INTEREST, EXPENSES, AND COSTS. IN NO EVENT WILL LICENSOR SHALL COMPANY BE LIABLE TO CUSTOMER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ITS SUPPLIERS OR RESELLERS ENHANCED DAMAGES, NOR SHALL COMPANY BE LIABLE FOR ANY INDIRECTDAMAGES RELATING TO THIRD PARTY CLAIMS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILLUSE, WORK STOPPAGEPERSONAL INJURIES, COMPUTER FAILURE OR MALFUNCTIONINTEREST, PROPERTY DAMAGE, DIMINUTION IN VALUE, ATTORNEYS’ FEES, LOST REVENUE, LOST PROFITS, OR ANY COST OF REPLACEMENT GOODS, REGARDLESS WHETHER SUCH DAMAGES ARE DIRECT OR CONSEQUENTIAL, AND ALL OTHER COMMERCIAL REGARDLESS WHETHER SUCH DAMAGES OR LOSSESWERE FORESEEABLE, EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES, AND REGARDLESS OF OR THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF THE CUSTOMER’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. COMPANY AND CUSTOMER EACH ACKNOWLEDGE AND AGREE THAT THE PARTIES ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION, AND THAT THE SAME REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES, INCLUDING THE RISK THAT A REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. This limitation of liability shall not apply to liability resulting from Company’s willful misconduct. ANY CASELAWSUIT, LICENSOR'S ENTIRE LIABILITY UNDER PROCEEDING OR ACTION BY CUSTOMER AGAINST COMPANY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED AND ALL RIGHTS OF CUSTOMER TO COMMENCE ANY PROVISION OF COURT ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT SHALL NOT EXCEED TERMINATE ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED, UNLESS THE PARTIES HAVE AGREED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE WRITING TO A DIFFERENT CLAIM PERIOD. 13. FORCE MAJEURE Company will not be liable for delays in delivery or failure to deliver due to: (IF ANYa) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT causes beyond its reasonable control; (IF ANY)b) acts of God, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESacts of Customer, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMERacts of Government, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.expropriations, eminent domain, condemnation, national, regional, or local emergency, revolution, changes in laws, regulations, or orders, terrorism, acts of third parties, acts of civil or military authority, fires, blockages, seizures or freeze of assets, government delays or refusals such as delays or refusals to grant export or import licenses or the suspension or revocation thereof, floods, earthquakes, explosions, severe weather, epidemics, quarantine restrictions, war, riot, insurrection, embargo, or delays in transportation;

Appears in 3 contracts

Samples: Whereas, Whereas, Whereas

Limitation of Liability. THE YAHOO! ENTITIES AND YAHOO! LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE MAXIMUM EXTENT PERMITTED USE OF THE YAHOO! SOFTWARE BY APPLICABLE LAWYOURSELF OR BY THIRD PARTIES, IN NO EVENT WILL TO THE USE OR NON-USE OF ANY BROKERAGE FIRM OR DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY OR OTHERWISE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LICENSOR OR ITS SUPPLIERS OR RESELLERS BE ENTITIES AND YAHOO! LICENSORS ARE NOT LIABLE TO YOU FOR ANY INDIRECTAND ALL DIRECT, INCIDENTAL, SPECIAL, INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE YAHOO! SOFTWARE, OR YOUR USE OF OR INABILITY TO USE OR ACCESS THE YAHOO! SOFTWARE OR ANY DATA PROVIDED THROUGH THE YAHOO! SOFTWARE, INCLUDINGWHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, DAMAGES THOSE FOR LOSS OF GOODWILLBUSINESS PROFITS, WORK STOPPAGEINJURY TO PERSON OR PROPERTY, COMPUTER FAILURE BUSINESS INTERRUPTION, LOSS OF BUSINESS OR MALFUNCTIONPERSONAL INFORMATION. YOU ACKNOWLEDGE THAT INFORMATION PROVIDED THROUGH THE YAHOO! SOFTWARE, INCLUDING STOCK QUOTES, ANALYSIS, MARKET INFORMATION, NEWS AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND YOU AGREE THAT THE LICENSOR ENTITIES AND YAHOO! LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. LICENSOR DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE YAHOO! SOFTWARE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED AGREE THAT THE DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 7 AND 8 REPRESENT A FAIR AND REASONABLE ALLOCATION OF THE POSSIBILITY THEREOF, RISKS AND REGARDLESS BENEFITS OF THE LEGAL OR EQUITABLE THEORY (CONTRACTAGREEMENT BETWEEN YOU AND LICENSOR, TORT OR OTHERWISE) UPON WHICH TAKING ALL RELEVANT FACTORS INTO CONSIDERATION, INCLUDING WITHOUT LIMITATION THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM VALUE OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) CONSIDERATION PROVIDED BY YOU TO LICENSOR AND FEES FOR SUPPORT THE AVAILABILITY AND COSTS OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), INSURANCE WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR RESPECT TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWSSAID RISKS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONFURTHER AGREE THAT THESE DISCLAIMERS AND LIMITATIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY FRONTIER (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), FRONTIER (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY, THE "FRONTIER PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE MAXIMUM EXTENT PERMITTED IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON- INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY APPLICABLE LAWFRONTIER OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. FRONTIER DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF FRONTIER HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. FRONTIER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY FRONTIER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. FRONTIER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT WILL LICENSOR SHALL THE FRONTIER PARTIES OR ITS FRONTIER'S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS OR RESELLERS BE LIABLE FOR FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR CONSEQUENTIAL DAMAGES LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OF OR INABILITY TO USE THE SOFTWARESERVICE, INCLUDINGOR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILLTHOSE ARISING UNDER CONTRACT, WORK STOPPAGETORT, COMPUTER FAILURE NEGLIGENCE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESSTRICT LIABILITY, EVEN IF FRONTIER HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF THE FRONTIER PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FRONTIER FOR THE SERVICE DURING THE NINETY (90) DAY PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE LEGAL TYPE OF CLAIM OR EQUITABLE THEORY (CONTRACTNATURE OF THE CAUSE OF ACTION. ALL OF THE FOREGOING LIMITATIONS STATED IN THIS SECTION SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, TORT AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR OTHERWISE) UPON DEFENSES WHICH THE CLAIM IS BASEDARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN ANY CASETHIS SECTION ALSO APPLY TO FRONTIER'S THIRD PARTY LICENSORS, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION PROVIDERS AND SUPPLIERS, AS INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANYSUCH AS CONSUMER LAWS), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION LIMITATIONS MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONAPPLY TO YOU.

Appears in 3 contracts

Samples: Legally Binding Agreement, Legally Binding Agreement, Legally Binding Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN UNDER NO EVENT WILL LICENSOR CIRCUMSTANCES SHALL ACRONIS OR ITS SUPPLIERS AFFILIATES (INCLUDING SUPPLIERS, RESELLERS, OR RESELLERS PARTNERS) OR THEIR RESPECTIVE EXECUTIVES, EMPLOYEES, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR PERSONAL INJURY, OR ANY INDIRECTINCIDENTAL, SPECIAL, INCIDENTAL DIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREWHATSOEVER, INCLUDING, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILLPROFITS, WORK STOPPAGELOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE ACRONIS SOFTWARE AND SERVICES OR THIS AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDSUCH DAMAGES. IN ANY CASENO EVENT SHALL ACRONIS’, LICENSOR'S ENTIRE OR IT’S AFFILIATES’, TOTAL LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT TO YOU, FOR ALL DAMAGES EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (AMOUNT, IF ANY) , PAID BY YOU TO ACRONIS FOR THE SOFTWARE AND/OR SERVICES DURING THE TWELVE MONTHS PRIOR TO THE EVENT WHICH GAVE RISE TO THE DAMAGES IN QUESTION. IF THE SOFTWARE AND FEES SERVICES ARE PROVIDED WITHOUT CHARGE, THEN THERE SHALL BE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SUPPORT ANY BREACH. THIS LIMITATION OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR LIABILITY FOR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OR EXCLUSION OF LICENSOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, WILL APPLY ONLY TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS PERMITTED UNDER APPLICABLE CONSUMER LAWSLAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONACCEPT THE SOFTWARE, UPDATES OR UPGRADES.

Appears in 3 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

Limitation of Liability. EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF BANK. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWFACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, EXEMPLARY, PUNITIVE DAMAGES OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY KIND EVEN IF YOU ADVISE US OF THE USE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR INABILITY WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. WE SHALL NOT BE LIABLE TO USE THE SOFTWAREANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT. ALL BANK SERVICES AND ACCOUNT OR CARD FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT LIMITATIONWARRANTY OF ANY KIND, DAMAGES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR LOSS OF GOODWILLA PARTICULAR PURPOSE. WE DO NOT WARRANT THE BANK’S SERVICES OR ACCOUNT OR CARD FEATURES WILL MEET YOUR REQUIREMENTS, WORK STOPPAGEBE CONTINUOUS, COMPUTER FAILURE OR MALFUNCTIONUNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. IN ADDITION, EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY AND ALL OTHER COMMERCIAL DAMAGES SERVICES OR LOSSES, EVEN IF ADVISED FEATURES OF THE POSSIBILITY THEREOFSERVICE PROVIDER PLATFORM OR SERVICES ANY OTHER PRODUCTS PROVIDED TO YOU BY SERVICE PROVIDER. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND REGARDLESS LACK OF VIRUSES RELATED TO THE LEGAL SERVICES AND/OR EQUITABLE THEORY (CONTRACTPRODUCTS OF SERVICE PROVIDER AND/OR THE SERVICE PROVIDER PLATFORM. YOU AGREE THAT THE AMOUNT OF ANY CLAIM YOU HAVE AGAINST US IN CONNECTION WITH ANY ACCOUNT OR TRANSACTION WITH US, TORT WHETHER BROUGHT AS A WARRANTY, NEGLIGENCE, WRONGFUL DISHONOR OR OTHERWISEOTHER ACTION, IS SUBJECT TO REDUCTION TO THEEXTENT THAT: 1) UPON NEGLIGENCE OR FAILURE TO USE REASONABLE CARE ON YOUR PART, OR ON THE PARTY OF ANY OF YOUR AGENTS OREMPLOYEES, CONTRIBUTED TO THE LOSS WHICH IS THE BASIS OF YOUR CLAIM IS BASEDAND 2) DAMAGES COULD NOT BE AVOIDED BY OUR USE OF ORDINARY CARE. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY LOSS RECOVERY YOU OBTAIN FROM THIRD PARTIES ON A PARTICULAR CLAIM WILL REDUCE THE AMOUNT OF ANY OBLIGATIONS WE MAY HAVE TO YOU ON THAT CLAIM AND YOU WILL IMMEDIATELY NOTIFY US OF ANY SUCH RECOVERY. YOU AGREE TO PURSUE ALLRIGHTS YOU MAY HAVE UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED INSURANCE POLICY YOU MAINTAIN IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) CONNECTION WTH ANY LOSS AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED TO PROVIDE US INFORMATION REGARDING COVERAGE. OUR LIABILITY WILL BE REDUCED BY THE NEGLIGENCE AMOUNT OF LICENSOR ANY INSURANCE PROCEEDS YOU RECEIVEOR ARE ENTITLED TO RECEIVE IN CONNECTIONWITH THE LOSS. IF WE REIMBURSE YOU FOR A LOSSCOVERED BYINSURANCE, YOU AGREETO ASSIGN US YOUR RIGHTS UNDER THE INSURANCE TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONREIMBURSEMENT.

Appears in 3 contracts

Samples: b9prodaccount.blob.core.windows.net, b9prodaccount.blob.core.windows.net, b9prodaccount.blob.core.windows.net

Limitation of Liability. IN NO EVENT WILL QUIVERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), WHETHER SUCH LIABILITY IS FORESEEABLE, EVEN IF QUIVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT, EQUITY OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RESULTING FROM, ANY SUBJECT MATTER OF THIS AGREEMENT. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, SUCH LIABILITY ARISING OUT OF, OR RESULTING FROM: (1) THE ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SOFTWAREQUIVERS SERVICES; (2) THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES; (3) THE ACQUISITION OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE QUIVERS SERVICES; (4) MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE QUIVERS SERVICES, INCLUDINGINCLUDING WITHOUT LIMITATION THE UPLOADING OR DOWNLOADING OF ANY MATERIALS, WITHOUT LIMITATIONDATA, DAMAGES FOR LOSS OF GOODWILLTEXT, WORK STOPPAGEIMAGES, VIDEO OR AUDIO FROM THE QUIVERS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER FAILURE SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR MALFUNCTIONPROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS; OR (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF USERS’ TRANSMISSIONS OR DATA. NOTWITHSTANDING THE FACT THAT QUIVERS OR OTHER PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE QUIVERS SITE MAY MONITOR OR REVIEW TRANSMISSIONS, POSTINGS, DISCUSSIONS, OR CHATS, QUIVERS AND ALL OTHER COMMERCIAL DAMAGES PARTIES INVOLVED IN CREATING, PRODUCING, DELIVERING OR LOSSESOPERATING THE QUIVERS SITE, EVEN IF ADVISED OF ASSUME NO RESPONSIBILITY OR LIABILITY WHICH MAY ARISE FROM THE POSSIBILITY CONTENT THEREOF, AND REGARDLESS INCLUDING BUT NOT LIMITED TO CLAIMS FOR DEFAMATION, LIBEL, SLANDER, OBSCENITY, PORNOGRAPHY, PROFANITY, OR MISREPRESENTATION. QUIVERS’ LIABILITY TO CLIENT ARISING OUT OF, OR RESULTING FROM, ANY SUBJECT MATTER OF THE LEGAL THIS AGREEMENT, WHETHER BASED IN TORT, CONTRACT, STRICT PRODUCT LIABILITY OR EQUITABLE THEORY (CONTRACTTHEORIES, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF ALL PAYMENTS MADE OR OWED BY CLIENT PURSUANT TO THIS AGREEMENT DURING THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TWELVE MONTHS PRIOR TO THE EXTENT APPLICABLE LAW PROHIBITS EVENT GIVING RISE TO LIABILITY. THE LIMITATION LIMITATIONS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONITS ESSENTIAL PURPOSE.

Appears in 2 contracts

Samples: Quivers Master Services Agreement, Quivers Master Services Agreement

Limitation of Liability. EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF BANK. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWFACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, EXEMPLARY, PUNITIVE DAMAGES OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY KIND EVEN IF YOU ADVISE US OF THE USE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR INABILITY WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. WE SHALL NOT BE LIABLE TO USE THE SOFTWAREANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT. ALL BANK SERVICES AND ACCOUNT OR CARD FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT LIMITATIONWARRANTY OF ANY KIND, DAMAGES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR LOSS OF GOODWILLA PARTICULAR PURPOSE. WE DO NOT WARRANT THE BANK’S SERVICES OR ACCOUNT OR CARD FEATURES WILL MEET YOUR REQUIREMENTS, WORK STOPPAGEBE CONTINUOUS, COMPUTER FAILURE OR MALFUNCTIONUNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. IN ADDITION, EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY AND ALL OTHER COMMERCIAL DAMAGES SERVICES OR LOSSES, EVEN IF ADVISED FEATURES OF THE POSSIBILITY THEREOFSERVICE PROVIDER PLATFORM OR SERVICES ANY OTHER PRODUCTS PROVIDED TO YOU BY SERVICE PROVIDER. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND REGARDLESS LACK OF VIRUSES RELATED TO THE LEGAL SERVICES AND/OR EQUITABLE THEORY (CONTRACTPRODUCTS OF SERVICE PROVIDER AND/OR THE SERVICE PROVIDER PLATFORM. YOU AGREE THAT THE AMOUNT OF ANY CLAIM YOU HAVE AGAINST US IN CONNECTION WITH ANY ACCOUNT OR TRANSACTION WITH US, TORT WHETHER BROUGHT AS A WARRANTY, NEGLIGENCE, WRONGFUL DISHONOR OR OTHERWISE) UPON WHICH THE CLAIM OTHER ACTION, IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR SUBJECT TO REDUCTION TO THE EXTENT APPLICABLE LAW PROHIBITS THAT: 1) NEGLIGENCE OR FAILURE TO USE REASONABLE CARE ON YOUR PART, OR ON THE LIMITATION PARTY OF ANY OF YOUR AGENTS OR EMPLOYEES, CONTRIBUTED TO THE LOSS WHICH IS THE BASIS OF YOUR CLAIM AND 2) DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY COULD NOT BE APPLICABLEAVOIDED BY OUR USE OF ORDINARY CARE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LOSS RECOVERY YOU OBTAIN FROM THIRD PARTIES ON A PARTICULAR CLAIM WILL REDUCE THE AMOUNT OF ANY OBLIGATIONS WE MAY HAVE TO YOU ON THAT CLAIM AND YOU WILL IMMEDIATELY NOTIFY US OF ANY SUCH RECOVERY. YOU AGREE TO PURSUE ALL RIGHTS YOU MAY HAVE UNDER ANY INSURANCE POLICY YOU MAINTAIN IN CONNECTION WTH ANY LOSS AND TO PROVIDE US INFORMATION REGARDING COVERAGE. OUR LIABILITY ARISING OUT WILL BE REDUCED BY THE AMOUNT OF CONTENT PROVIDED BY LICENSEE ANY INSURANCE PROCEEDS YOU RECEIVE OR A THIRD PARTY THAT IS ACCESSED THROUGH ARE ENTITLED TO RECEIVE IN CONNECTION WITH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENTLOSS. IF WE REIMBURSE YOU ARE FOR A CONSUMERLOSS COVERED BY INSURANCE, THESE CONDITIONS DO NOT AFFECT YOU AGREE TO ASSIGN US YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT THE INSURANCE TO THE EXTENT OF YOUR DISCRETIONREIMBURSEMENT.

Appears in 2 contracts

Samples: public.tokenizer-s.mbanq.cloud, assets-global.website-files.com

Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR ITS SUPPLIERS OR RESELLERS NETWORK BANKS BE LIABLE FOR ANY INDIRECTDAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE’S SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR CONSEQUENTIAL THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00). YOU ALSO AGREE THAT THE BANK, ITS OWNERS, DIRECTORS, OFFICERS, OR AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, SPECIAL EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF THE USE BY YOU OF ANY SERVICE EVEN IF YOU, THE BANK OR INABILITY BANK’S SERVICE PROVIDER HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE BANK’S SOLE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL BE LIMITED TO CORRECTING ERRORS RESULTING FROM THE BANK’S FAILURE TO EXERCISE ORDINARY CARE OR TO ACT IN GOOD FAITH. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED BY THE BANK ON AN “AS IS” BASIS. THE BANK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, TO YOU AS TO ANY COMPUTER HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILLYOUR COMPUTER SYSTEMS OR RELATED EQUIPMENT, WORK STOPPAGEYOUR SOFTWARE, COMPUTER FAILURE OR MALFUNCTIONYOUR MOBILE DEVICE, OR ANY AND ALL OTHER COMMERCIAL DAMAGES YOUR INTERNET SERVICE PROVIDER OR LOSSESITS EQUIPMENT), EVEN IF ADVISED OR AS TO THE SUITABILITY OR COMPATIBILITY OF THE POSSIBILITY THEREOFBANK’S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY SOFTWARE OR INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE BANK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF YOUR COMPUTER HARDWARE OR SOFTWARE, MOBILE DEVICE, FOR THE QUALITY OF PERFORMANCE OR LACK OF PERFORMANCE OF ANY COMPUTER SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY THE BANK TO YOU IN CONNECTION WITH THIS AGREEMENT, OR FOR THE TRANSMISSION OR FAILURE OF TRANSMISSION OF ANY INFORMATION FROM YOU TO THE BANK OR FROM THE BANK TO YOU. THE BANK SHALL NOT BE RESPONSIBLE FOR NOTIFYING YOU OF ANY UPGRADES OR ENHANCEMENTS TO ANY OF YOUR COMPUTER HARDWARE OR SOFTWARE. YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH THE USE OF A MOBILE DEVICE, AND REGARDLESS THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED. THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT BANK SHALL NOT EXCEED BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF YOUR MOBILE DEVICE HARDWARE OR SOFTWARE, FOR THE AGGREGATE QUALITY OF PERFORMANCE OR LACK OF PERFORMANCE OF ANY SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY BANK TO YOU IN CONNECTION WITH THIS AGREEMENT, OR FOR THE SUM TRANSMISSION OR FAILURE OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT TRANSMISSION OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH ANY INFORMATION FROM YOU TO BANK OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR FROM BANK TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESYOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY BANK SHALL NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR NOTIFYING YOU OF ANY LIABILITY ARISING OUT UPGRADES OR ENHANCEMENTS TO ANY OF CONTENT PROVIDED BY LICENSEE YOUR MOBILE DEVICE HARDWARE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONSOFTWARE.

Appears in 2 contracts

Samples: Zelle Network Agreement, Zelle Network Agreement

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL PPD BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS AND USE OF, OR INABILITY TO USE, THE PRODUCTS, PRODUCT WEBSITES, CONTENT OR MEMBERSHIP BENEFITS, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY OF THE PRODUCTS, EVEN IF PPD HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT DEGREE PERMITTED BY APPLICABLE LAW. IF, IN NO EVENT WILL LICENSOR NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON PPD, THEN YOU AGREE THAT PPD'S TOTAL LIABILITY TO YOU FOR ANY AND ALL OF YOUR LOSSES OR INJURIES DETERMINED TO BE A DIRECT RESULT OF PPD'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE COMBINATION OF: (I) THE AMOUNT PAID BY YOU TO PPD FOR THE PRODUCT(S) YOU PURCHASE FROM PPD OR ITS SUPPLIERS OR RESELLERS THIRD PARTY VENDORS, AND (II) YOUR MEMBERSHIP FEES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL PPD BE HELD LIABLE FOR ANY INDIRECTDELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, SPECIALFORCES, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARECAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM (FOREIGN OR DOMESTIC), GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF GOODWILLOR FLUCTUATIONS IN HEAT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONLIGHT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONAIR CONDITIONING.

Appears in 2 contracts

Samples: privatepracticedoctors.com, privatepracticedoctors.com

Limitation of Liability. NEITHER AEP (NOR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES) MAKES, HAS MADE OR SHALL BE DEEMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWMAKE OR HAVE MADE ANY WARRANTY OR REPRESENTATION, IN NO EVENT WILL LICENSOR EITHER EXPRESS OR ITS SUPPLIERS IMPLIED, WRITTEN OR RESELLERS ORAL, WITH RESPECT TO ANY AIRCRAFT TO BE LIABLE FOR USED HEREUNDER OR ANY INDIRECT, SPECIAL, INCIDENTAL ENGINE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, COMPONENT THEREOF INCLUDING, WITHOUT LIMITATION, DAMAGES ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR LOSS OF GOODWILLANY PURPOSE, WORK STOPPAGEUSE OR OPERATION, COMPUTER FAILURE AIRWORTHINESS, SAFETY, PATENT, TRADEMARK OR MALFUNCTIONCOPYRIGHT INFRINGEMENT OR TITLE. USER AGREES THAT ITS SOLE RECOURSE AND EXCLUSIVE REMEDY FOR ANY DAMAGE, LOSS, OR EXPENSE ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER OR CONTEMPLATED SHALL BE SUCH PROCEEDS TO WHICH HE IS ENTITLED FROM THE INSURANCE PROVIDED BY AEP UNDER THIS AGREEMENT. USER HEREBY WAIVES ON BEHALF OF HIMSELF AND HIS HEIRS, EXECUTORS, SUCCESSORS, AND ASSIGNS OF ANY AND ALL KIND WHATSOEVER ANY RIGHT TO RECOVER ANY DAMAGE, LOSS, OR EXPENSE ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER OR CONTEMPLATED HEREBY EXCEPT AS SPECIFICALLY PROVIDED IN THE PRECEDING SENTENCE. IN NO EVENT SHALL AEP BE LIABLE FOR OR HAVE ANY DUTY FOR INDEMNIFICATION OR CONTRIBUTION TO THE OTHER COMMERCIAL PARTY FOR ANY CLAIMED INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES REGARDLESS OF WHETHER IT KNEW OR LOSSES, EVEN IF ADVISED SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOFOF SUCH DAMAGE, AND REGARDLESS OF THE LEGAL LOSS OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDEXPENSE. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONThe provisions of this Section 10 shall survive the termination or expiration of this Agreement.

Appears in 2 contracts

Samples: Aircraft Time Sharing Agreement (AEP Texas Inc.), Aircraft Time Sharing Agreement (AEP Texas Inc.)

Limitation of Liability. EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF BANK. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWFACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL PUNITIVE DAMAGES, OR DAMAGES ARISING OUT OF ANY KIND EVEN IF YOU ADVISE US OF THE USE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR INABILITY WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. WE SHALL NOT BE LIABLE TO USE THE SOFTWAREANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT. ALL BANK SERVICES AND SECURED ACCOUNT AND CHARGE CARD ACCOUNT FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT LIMITATIONWARRANTY OF ANY KIND, DAMAGES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR LOSS OF GOODWILLA PARTICULAR PURPOSE. WE DO NOT WARRANT THE BANK’S SERVICES OR SECURED ACCOUNT AND CHARGE CARD ACCOUNT FEATURES WILL MEET YOUR REQUIREMENTS, WORK STOPPAGEBE CONTINUOUS, COMPUTER FAILURE OR MALFUNCTIONUNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. IN ADDITION, EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY AND ALL OTHER COMMERCIAL DAMAGES SERVICES OR LOSSES, EVEN IF ADVISED FEATURES OF THE POSSIBILITY THEREOFSERVICE PROVIDER PLATFORM OR SERVICES OR PRODUCTS PROVIDED TO YOU BY SERVICE PROVIDER. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND REGARDLESS LACK OF VIRUSES RELATED TO THE LEGAL SERVICES AND/OR EQUITABLE THEORY (CONTRACTPRODUCTS OF SERVICE PROVIDER AND/OR THE SERVICE PROVIDER PLATFORM. YOU AGREE THAT THE AMOUNT OF ANY CLAIM YOU HAVE AGAINST US IN CONNECTION WITH ANY SECURED ACCOUNT OR CHARGE CARD ACCOUNT OR TRANSACTION WITH US, TORT WHETHER BROUGHT AS A WARRANTY, NEGLIGENCE, WRONGFUL DISHONOR, OR OTHERWISE) UPON WHICH THE CLAIM OTHER ACTION, IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR SUBJECT TO REDUCTION TO THE EXTENT APPLICABLE LAW PROHIBITS THAT: 1) NEGLIGENCE OR FAILURE TO USE REASONABLE CARE ON YOUR PART, OR ON THE LIMITATION PARTY OF ANY OF YOUR AGENTS OR EMPLOYEES, CONTRIBUTED TO THE LOSS WHICH IS THE BASIS OF YOUR CLAIM AND 2) DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY COULD NOT BE APPLICABLEAVOIDED BY OUR USE OF ORDINARY CARE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LOSS RECOVERY YOU OBTAIN FROM THIRD PARTIES ON A PARTICULAR CLAIM WILL REDUCE THE AMOUNT OF ANY OBLIGATIONS WE MAY HAVE TO YOU ON THAT CLAIM AND YOU WILL IMMEDIATELY NOTIFY US OF ANY SUCH RECOVERY. YOU AGREE TO PURSUE ALL RIGHTS YOU MAY HAVE UNDER ANY INSURANCE POLICY YOU MAINTAIN IN CONNECTION WITH ANY LOSS AND TO PROVIDE US INFORMATION REGARDING COVERAGE. OUR LIABILITY ARISING OUT WILL BE REDUCED BY THE AMOUNT OF CONTENT PROVIDED BY LICENSEE ANY INSURANCE PROCEEDS YOU RECEIVE OR A THIRD PARTY THAT IS ACCESSED THROUGH ARE ENTITLED TO RECEIVE IN CONNECTION WITH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENTLOSS. IF WE REIMBURSE YOU ARE FOR A CONSUMERLOSS COVERED BY INSURANCE, THESE CONDITIONS DO NOT AFFECT YOU AGREE TO ASSIGN US YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT THE INSURANCE TO THE EXTENT OF YOUR DISCRETIONREIMBURSEMENT.

Appears in 2 contracts

Samples: Account Disclosures and Agreement, Account Disclosures and Agreement

Limitation of Liability. NEITHER COMPANY (NOR ITS AFFILIATES) MAKES, HAS MADE OR SHALL BE DEEMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWMAKE OR HAVE MADE ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO ANY AIRCRAFT TO BE USED HEREUNDER OR ANY ENGINE OR COMPONENT THEREOF INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, AIRWORTHINESS, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT OR TITLE. IN NO EVENT WILL LICENSOR SHALL COMPANY OR ANY OF ITS SUPPLIERS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR RESELLERS AGENTS BE LIABLE FOR OR HAVE ANY DUTY FOR INDEMNIFICATION OR CONTRIBUTION TO EXECUTIVE OR EXECUTIVE’S GUESTS FOR ANY CLAIMED LIABILITIES, LOSSES, OR INDIRECT, SPECIAL, INCIDENTAL CONSEQUENTIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES RESULTING FROM OR ARISING OUT OF THE USE OR OPERATION OF THE AIRCRAFT PURSUANT TO THIS AGREEMENT (ALTOGETHER, THE “LOSSES”), REGARDLESS OF WHETHER SUCH LOSSES ARISE OUT OF OR INABILITY TO USE THE SOFTWAREARE CAUSED BY, INCLUDINGIN WHOLE OR IN PART, WITHOUT LIMITATIONCOMPANY’S NEGLIGENCE, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONGROSS NEGLIGENCE, OR ANY AND ALL OTHER COMMERCIAL DAMAGES STRICT LIABILITY OR LOSSES, EVEN IF ADVISED WHETHER COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDSUCH LOSSES. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONThe provisions of this Section 9 shall survive the termination or expiration of this Agreement.

Appears in 2 contracts

Samples: Aircraft Time Sharing Agreement (Visa Inc.), Aircraft Time Sharing Agreement (Visa Inc.)

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, a) IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS DATA INNOVATIONS BE LIABLE TO YOU UNDER ANY THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL INDIRECT DAMAGES ARISING OUT OF THE USE OF ANY KIND OR INABILITY TO USE THE SOFTWARENATURE WHATSOEVER, INCLUDINGWHETHER FORESEEABLE OR UNFORSEEABLE, SUFFERED BY YOU, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LIMITATION LOSS OF GOODWILLGOOD WILL, LOST PROFITS, WORK STOPPAGE, DATA OR CONTENT LOSS, COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTIONS, LOSS OF INCOME, DAMAGES DUE TO FORCE MAJEURE, OTHER ECONOMIC LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY AND ALL OTHER COMMERCIAL DAMAGES USE OF OR LOSSESFAILURE TO BE ABLE TO USE THE SOFTWARE, EVEN IF DATA INNOVATIONS HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES, AND REGARDLESS NOTWITHSTANDING THE FAILURE OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDPURPOSE OF ANY LIMITED REMEDY. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT DATA INNOVATIONS SHALL NOT EXCEED IN BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED TO (i) LOSS OF DATA, (ii) FOR TRANSACTIONS PERFORMED USING THE AGGREGATE SOFTWARE; OR (iii) MODIFICATIONS TO THE SUM OF SOFTWARE BY YOU, WHETHER MADE BY YOU OR ANY THIRD PARTY, WHETHER SUFFERED BY YOU OR ANY THIRD PARTY. THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) FOREGOING LIMITATIONS AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESYOUR JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESData Innovations' aggregate liability under or in connection with this Agreement for any and all causes whatsoever, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLEand Your maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, will not exceed the fees paid for the Software that accompanies this Agreement, if any, for the six (6) months immediately preceding the breach for which the damages are claimed. ‘WEB WIZData Innovations shall not be liable for any claims or damages of third parties. The existence of one or more claims will not enlarge this limit. You acknowledge that Data InnovationsIS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONpricing reflects this allocation of risk and the limitation of liability specified in this section will apply regardless of whether any limited or exclusive remedy specified in this Agreement fails of its essential purpose.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limitation of Liability. UNLESS OTHERWISE EXPRESSLY PROVIDED IN WRITING AND SIGNED BY BOTH PARTIES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE ALLOWED UNDER THE LAW, SELLER DOES NOT INDEMNIFY, NOR DOES IT HOLD BUYER HARMLESS, AGAINST ANY LIABILITIES, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEY'S FEES) RELATING TO ANY CLAIMS WHATSOEVER, INCLUDING WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURIES, DEATH OR PROPERTY DAMAGE RELATING TO THE PRODUCTS SOLD HEREUNDER. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OTHER INDIRECT DAMAGES, OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILLPROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONLOSS OF DATA, OR LOSS OF USE DAMAGES, DUE TO ANY AND ALL OTHER COMMERCIAL DAMAGES CAUSE WHATSOEVER, WHETHER BASED XXXX XXXXXXXX, XXXXXXXX, XXXX, XXXXXX LIABILITY OR LOSSESOTHERWISE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF SUCH DAMAGES OR LOSSES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST SELLER MORE THAN ONE YEAR AFTER THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH RELATED CAUSE OF ACTION HAS ACCRUED. THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE TOTAL LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR SELLER TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT BUYER AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENTOTHER PARTY FROM ANY LAWSUIT, CLAIM, WARRANTY OR INDEMNITY SHALL NOT EXCEED THE AGGREGATE PRICE ACTUALLY PAID BY BUYER TO SELLER FOR THE SPECIFIC PRODUCTS (AS IDENTIFIED BY PART NUMBER) SOLD UNDER THE SPECIFIC ORDER AT ISSUE THAT GAVE RISE TO THE LAWSUIT, CLAIM, WARRANTY OR INDEMNITY. IF YOU ARE A CONSUMER, THESE CONDITIONS DO THE EXISTENCE OF MULTIPLE CLAIMS RELATED TO THE SAME PRODUCT AT ISSUE SHALL NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONENLARGE OR EXTEND THIS LIMIT.

Appears in 2 contracts

Samples: Terms and Conditions of Sale, Terms and Conditions of Sale

Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY FRONTIER (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), FRONTIER (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY, THE "FRONTIER PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE MAXIMUM EXTENT PERMITTED IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY APPLICABLE LAWFRONTIER OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. FRONTIER DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF FRONTIER HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. FRONTIER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY FRONTIER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. FRONTIER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT WILL LICENSOR SHALL THE FRONTIER PARTIES OR ITS FRONTIER'S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS OR RESELLERS BE LIABLE FOR FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR CONSEQUENTIAL DAMAGES LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OF OR INABILITY TO USE THE SOFTWARESERVICE, INCLUDINGOR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILLTHOSE ARISING UNDER CONTRACT, WORK STOPPAGETORT, COMPUTER FAILURE NEGLIGENCE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESSTRICT LIABILITY, EVEN IF FRONTIER HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF THE FRONTIER PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FRONTIER FOR THE SERVICE DURING THE NINETY (90) DAY PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE LEGAL TYPE OF CLAIM OR EQUITABLE THEORY (CONTRACTNATURE OF THE CAUSE OF ACTION. ALL OF THE FOREGOING LIMITATIONS STATED IN THIS SECTION SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, TORT AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR OTHERWISE) UPON DEFENSES WHICH THE CLAIM IS BASEDARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN ANY CASETHIS SECTION ALSO APPLY TO FRONTIER'S THIRD PARTY LICENSORS, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION PROVIDERS AND SUPPLIERS, AS INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANYSUCH AS CONSUMER LAWS), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION LIMITATIONS MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONAPPLY TO YOU.

Appears in 2 contracts

Samples: frontier.com, content.frontier.com

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AVETTA BE LIABLE TO YOU FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVETTA’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. Notwithstanding anything to the contrary herein, Avetta shall not be deemed to be in default of any provision of this Agreement, or be liable to You or to any third party for any delay, error, failure in performance or interruption of performance due to any act of God, war, insurrection, acts of terrorism, riot, boycott, strikes, interruption of power service, interruption of Internet or communications service, labor or civil disturbance, acts of any other person not under the control of Avetta or other similar causes. NO WARRANTIES YOU ACKNOWLEDGE AND AGREE THAT AVETTA MAKES NO WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, AND GUARANTEES OR REPRESENTATIONS IMPOSED BY LAW, IN NO EVENT WILL LICENSOR INCLUDING THOSE RELATING TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT, ACCURACY, CORRECTNESS, COMPLETENESS OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR CORRESPONDENCE WITH DESCRIPTION AND ANY INDIRECTWARRANTY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONGUARANTEE, OR ANY AND REPRESENTATION ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT SERVICES PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR AVETTA HEREUNDER ARE PERFORMED AND PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, EXCLUSIVE OF ANY MATERIAL LINKED THROUGH SUCH CONTENTWARRANTY WHATSOEVER. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWSYou also acknowledge and agree that Your use of the Avetta Services and/or Site does not guarantee acceptance of work from You or any Client of Avetta. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONYou are solely responsible for your interactions with other members of the Avetta Network. Avetta is not responsible for and hereby disclaims any responsibility or liability regarding interactions or disputes between or among You and any other Avetta Clients or Suppliers.

Appears in 2 contracts

Samples: End User Service Agreement, End User Service Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREWHATSOEVER, INCLUDING, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, WORK STOPPAGEUSE, COMPUTER FAILURE DATA OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON ANY WEBSITE OR WEBSITES LINKED OR OTHERWISE AVAILABLE THROUGH THE SERVICES, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND REGARDLESS SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE LIABILITY OF US, OUR SUBSIDIARIES AND AFFILIATES IN ANY AND ALL CATEGORIES AND FOR ANY AND ALL CAUSES ARISING OUT OF THE LEGAL AGREEMENT OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH OUT OF ANY SERVICES PERFORMED UNDER THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE EXCEED THE SUM EQUIVALENT OF THE FEES LICENSEE PAID FOR THIS LICENSE THREE (IF ANY3) MONTHS OF YOUR THEN-CURRENT FEES. YOU FURTHER ACKNOWLEDGE AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH AGREE THAT WE SHALL HAVE NO LIABILITY OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR OBLIGATION TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE YOU FOR ANY LIABILITY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, NOR SHALL OUR SUBSIDIARIES AND AFFILIATES HAVE ANY LIABLITY OR OBLIGATION TO YOU FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER FOR ANY AND ALL CAUSES ARISING OUT OF CONTENT PROVIDED BY LICENSEE THE SERVICES FOR TESTING PURPOSES UNDER THE AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS SET FORTH IN THE FOLLOWING SENTENCE, NEITHER WE, NOR OUR SUBSIDIARIES NOR OUR AFFILIATES SHALL BE LIABLE IF AN ELECTRONIC DOCUMENT IS REJECTED OR A THIRD PARTY THAT IS ACCESSED LOST, OR IF THERE ARE DELAYS IN THE PROCESSING OF ELECTRONIC DOCUMENTS. IF, SOLELY THROUGH THE PRODUCT AND/FAULT OF US (OR ANY MATERIAL LINKED THROUGH OUR SUBSIDIARIES OR AFFILIATES), AN ELECTRONIC DOCUMENT IS REJECTED OR LOST, THEN WE WILL REFILE SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWSELECTRONIC DOCUMENT AT NO ADDITIONAL CHARGE TO YOU. YOU MAY ASSERT AND WE HEREBY ACKNOWLEDGE AND AGREE THAT OUR LIABILITY UNDER THIS PARAGRAPH SHALL BE LIMITED TO THE ADDITIONAL COST INCURRED BY US IN REFILING SUCH RIGHTS AT YOUR DISCRETIONELECTRONIC DOCUMENT.IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Appears in 2 contracts

Samples: Please Carefully, Business Associate Agreement

Limitation of Liability. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR XXXXXX FIBER OR ITS SUPPLIERS AFFILIATES, OR RESELLERS BE LIABLE FOR ANY INDIRECTOF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, SPECIAL, INCIDENTAL HAVE ANY LIABILITY ARISING FROM OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWAREAPPLICATION OR THE CONTENT AND SERVICES FOR PERSONAL INJURY, INCLUDINGPROPERTY DAMAGE, WITHOUT LIMITATIONLOST PROFITS, DAMAGES FOR COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGEBUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND ALL OTHER COMMERCIAL REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LOSSES, EVEN IF XXXXXX FIBER WAS ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. BY DOWNLOADING OR USING THE APPLICATION, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND REGARDLESS IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE LEGAL CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR EQUITABLE THEORY (CONTRACTTERRITORY, TORT WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR OTHERWISE) UPON WHICH RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE CLAIM IS BASED. IN ANY CASETIME OF EXECUTING THE RELEASE AND THAT, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED KNOWN BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY)HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE EXCEPTION OF DEATH DEBTOR OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. RELEASED PARTY.” SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE EXCLUSION OR LIMITATION ABOVE LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION LIABILITY MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONAPPLY TO YOU.

Appears in 2 contracts

Samples: Mobile Application End User License Agreement, Mobile Application End User License Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWYOU UNDERSTAND AND AGREE THAT WE, IN NO EVENT OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF THE USE OF OR INABILITY TO USE THE SOFTWARELIABILITY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF GOODWILLPROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), WORK STOPPAGELOSS OF GOODWILL OR BUSINESS REPUTATION, COMPUTER FAILURE LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR MALFUNCTIONSERVICES, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESINTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND REGARDLESS ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE LEGAL OR EQUITABLE THEORY (SITE, THE APP AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT TORT, STRICT LIABILITY, OR OTHERWISEANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) UPON WHICH THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM IS BASEDAROSE, OR (B) ONE HUNDRED (100) US DOLLAR. YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SITE, THE APP AND THE SMART CONTRACTS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN ANY CASERELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF THIS AGREEMENT SHALL NOT EXCEED IN RISK BETWEEN THE AGGREGATE THE SUM PARTIES AND FORM AN ESSENTIAL BASIS OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SITE, THE APP AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR SMART CONTRACTS TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESYOU WITHOUT THESE LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THIS EXCLUSION AND LIMITATION THE ABOVE LIMITATIONS MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONAPPLY TO PERSONAL INJURY CLAIMS.

Appears in 2 contracts

Samples: Terms of Use (Realm Metaverse Real Estate Inc.), files.cryptoswordandmagic.com

Limitation of Liability. 1. MT. XXXXX PROVIDES THE PROGRAM ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN MT. XXXXX MAKES NO EVENT WILL LICENSOR WARRANTIES, GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE, EXCEPT AS EXPRESSLY SET FORTH HEREIN. MT. XXXXX DOES NOT WARRANT OR GUARANTEE SALES, CONVERSION RATES, COMMISSION RATES, MARKETING PRESENTATION RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES. ALL SERVICES ARE CONTINGENT UPON MT. XXXXX’X ABILITY TO PROCURE NECESSARY ON-LINE AND OTHER COMMUNICATIONS ACCESS AND MT. XXXXX IS NOT RESPONSIBLE FOR DELAYS CAUSED BY FORCE MAJEUR SUCH AS ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, CONTROL. MT. XXXXX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED BELOW WITH RESPECT TO INDEMNIFICATION AND CONFIDENTIALITY, UNDER NO CIRCUMSTANCES SHALL MT. XXXXX BE LIABLE TO AMBASSADOR FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES), AND REGARDLESS ARISING FROM ANY ASPECT OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDRELATIONSHIP PROVIDED HEREIN. MT. XXXXX SHALL NOT IN ANY CASEEVENT BE LIABLE TO AMBASSADOR FOR MORE THAN THE AMOUNT PAID TO AMBASSADOR HEREUNDER. NO ACTION, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SUIT OR PROCEEDING SHALL NOT EXCEED IN BE BROUGHT AGAINST MT XXXXX MORE THAN ONE YEAR AFTER THE AGGREGATE THE SUM DATE OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR EVENT THAT GAVE RISE TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ACTION, SUIT, OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONPROCEEDING.

Appears in 2 contracts

Samples: mtcapra.com, mtcapra.com

Limitation of Liability. TO NEITHER EJENTA NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWWEBSITE, IN NO EVENT WILL LICENSOR CONTENT, OR ITS SUPPLIERS OR RESELLERS SERVICES SHALL BE LIABLE TO YOU, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL PUNITIVE, CONSEQUENTIAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT OF THE OR IN CONNECTION WITH ANY USE OF OF, OR INABILITY TO USE USE, THE SOFTWAREWEBSITE, CONTENT, OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILLANY INFORMATION OR DATA PROVIDED BY THE WEBSITE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONCONTENT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES SERVICES. THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF CONTRACT OR LOSSESTORT, INCLUDING NEGLIGENCE, OR EQUITABLE CLAIM), EVEN IF EJENTA HAS PREVIOUSLY BEEN ADVISED OF OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY THEREOFOF SUCH DAMAGE OR LOSS. THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, AND REGARDLESS OR INABILITY TO USE, THE WEBSITE , PRODUCTS, OR SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS RELATED TO THE LEGAL WEBSITE, INCLUDING ANY PERSONAL OR EQUITABLE THEORY FINANCIAL INFORMATION STORED THEREIN; AND/OR (CONTRACTIV) ANY BUGS, TORT VIRUSES, WORMS, TROJAN HORSES, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN LIKE THAT MAY BE TRANSMITTED THROUGH THE WEBSITE, CONTENT, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH INFORMATION OR PERSONAL INJURY CAUSED DATA PROVIDED BY THE NEGLIGENCE OF LICENSOR WEBSITE, CONTENT, OR SERVICES. TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND THE ABOVE LIMITATION MAY SHALL APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. EJENTA SHALL NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE LIABLE TO YOU FOR ANY LIABILITY ARISING OUT OF CONTENT DAMAGES CAUSED BY YOUR USE OR RELIANCE UPON THE WEBSITE, CONTENT, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA PROVIDED BY LICENSEE THE WEBSITE, CONTENT, OR A THIRD PARTY THAT SERVICES, IN PROVIDING MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. EJENTA’S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONLIMITED TO $100.

Appears in 2 contracts

Samples: static1.squarespace.com, static1.squarespace.com

Limitation of Liability. (a) MULTEX WILL MAKE EVERY REASONABLE EFFORT TO PROVIDE THE SERVICES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCOMPANY, IN NO EVENT WILL LICENSOR IT BEING ACKNOWLEDGED AND AGREED THAT MULTEX CANNOT AND DOES NOT GUARANTEE THE CONTENT, ACCURACY, TIMELINESS OR ITS SUPPLIERS AVAILABILITY OF THE SERVICES OR RESELLERS BE LIABLE THE DOCUMENTS AS DISPLAYED OR PROVIDED THROUGH THE SERVICES. ACCORDINGLY, EXCEPT FOR MULTEX'S FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, THE COMPANY AGREES THAT MULTEX SHALL NOT HAVE ANY INDIRECT, SPECIAL, INCIDENTAL LIABILITY OR CONSEQUENTIAL DAMAGES OBLIGATION TO THE COMPANY OR ANY THIRD PARTY (WHETHER CAUSED DIRECTLY OR INDIRECTLY) RELATING TO OR ARISING OUT OF (i) THE USE OF INTERRUPTION, DELAY OR INABILITY TO USE FAILURE IN THE SOFTWARETRANSMISSION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE DELIVERY OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED DISTRIBUTION OF THE POSSIBILITY THEREOF, AND REGARDLESS SERVICES OR DOCUMENTS; (ii) THE UNAVAILABILITY OF MULTEX SOFTWARE OR THE SERVICES; (iii) THE ACCURACY OF THE LEGAL DOCUMENTS OR EQUITABLE THEORY SECURITIES OR COMMODITIES INFORMATION AND PRICES AS DISPLAYED, CARRIED OR FURNISHED BY OR THROUGH THE SERVICES; (iv) ERRORS OR OMISSIONS IN CONNECTING, TRANSMITTING, PROCESSING, DISSEMINATING, DISPLAYING OR DISTRIBUTING THE DOCUMENTS OR THE INFORMATION CONTAINED THEREIN; OR (v) THE DISPLAYING OR FURNISHING OF THE DOCUMENTS, INCLUDING THE INFORMATION CONTAINED THEREIN. MULTEX'S SOLE LIABILITY TO COMPANY FOR ANY CLAIMS, NOTWITHSTANDING THE FORM OF SUCH CLAIMS (E.G., CONTRACT, TORT NEGLIGENCE OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED ITEMS (i) THROUGH (iv) ABOVE, SHALL BE TO USE REASONABLE EFFORTS TO RESUME THE PRODUCT SERVICES AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONTO MAKE THE MULTEX SOFTWARE AVAILABLE TO COMPANY AS PROMPTLY AS REASONABLY PRACTICABLE.

Appears in 2 contracts

Samples: Master Services Agreement (Multex Systems Inc), Master Services Agreement (Multex Com Inc)

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWUNDER NO CIRCUMSTANCES, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL RELIANCE, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY WEB SITE LINKED TO THE SITE WHETHER THE RESERVATION WEB SITE OR OTHERWISE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ANY WEB SITE LINKED TO THE SITE WHETHER THE RESERVATION WEB SITE OR OTHERWISE OR ARISING OUT OF THE USE OF YOUR ACCESS TO, OR INABILITY TO USE ACCESS, THE SOFTWARESITE OR ANY WEB SITE LINKED TO THE SITE WHETHER THE RESERVATION WEB SITE OR OTHERWISE OR YOUR RELIANCE UPON, INCLUDINGTHE SITE OR ANY WEB SITE LINKED TO THE SITE WHETHER THE RESERVATION WEB SITE OR OTHERWISE OR THE SERVICES, WITHOUT LIMITATIONCONTENT OR MATERIALS IN, DAMAGES FOR LOSS OF GOODWILLOR FUNCTIONS OF, WORK STOPPAGETHE SITE OR ANY WEB SITE LINKED TO THE SITE WHETHER THE RESERVATION WEB SITE OR OTHERWISE, COMPUTER PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR MALFUNCTIONINFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR LOSSESPROFITS, EVEN IF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES, AND REGARDLESS ON ANY THEORY OF THE LEGAL OR EQUITABLE THEORY LIABILITY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDINCLUDING NEGLIGENCE). IN ANY CASEADDITION, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN WE HAVE NO DUTY TO UPDATE THE AGGREGATE SITE OR THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT CONTENTS THEREOF. APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS THE ABOVE LIMITATION OR EXCLUSION AND LIMITATION MAY NOT BE APPLICABLEAPPLY TO YOU. ‘WEB WIZ’ IS IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT RESPONSIBLE LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH ACCESSING THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENTSITE. IF YOU ARE A CONSUMERDISSATISFIED WITH THE SITE OR ANY OF THE PRODUCTS, THESE CONDITIONS DO NOT AFFECT SERVICES, MEMBERS, SUPPLIERS AND/OR BUYER OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONSOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.

Appears in 2 contracts

Samples: Usage and Information Agreement, Usage and Information Agreement

Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE ZELLE AND OTHER PAYMENT SERVICES AND THE PORTION OF THE SITE THROUGH WHICH THE ZELLE AND OTHER PAYMENT SERVICES ARE OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE ZELLE AND OTHER PAYMENT SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE ZELLE AND OTHER PAYMENT SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE MAXIMUM EXTENT PERMITTED ZELLE AND OTHER PAYMENT SERVICES CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL LICENSOR WE, ZELLE, OR ITS SUPPLIERS OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, AGENTS OR RESELLERS NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY INDIRECTDAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE USE OF OR INABILITY ZELLE PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO USE THE SOFTWAREERRORS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONOMISSIONS, OR OTHER INACCURACIES IN THE ZELLE PAYMENT SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY AND ALL OTHER COMMERCIAL DAMAGES MATTER RELATING TO THE ZELLE PAYMENT SERVICES DESCRIBED OR LOSSESPROVIDED, EVEN IF WE OR ZELLE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND REGARDLESS OF EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDZELLE PAYMENT SERVICES. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION DAMAGES MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR APPLY, ANY LIABILITY ARISING OUT OF CONTENT PROVIDED OURS, ZELLE, OR OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMERLAW, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONBUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

Appears in 2 contracts

Samples: www.centralbank.com, www.centralbank.com

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSupplier's liability arising out of delays in restoration of the Services to be provided under this Agreement or out of mistakes, accidents, omissions, interruptions, or errors or defects in interruption of Services, shall be subject to the limitations set forth below and in the applicable Tariff. EXCEPT OTHERWISE PROVIDED HEREIN, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS SHALL SUPPLIER BE LIABLE FOR TO CUSTOMER OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF CUSTOMER'S OWN CUSTOMERS OR INABILITY TO USE THE SOFTWAREANY OTHER THIRD PARTY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILLANY DAMAGES, WORK STOPPAGEEITHER DIRECT, COMPUTER FAILURE OR MALFUNCTIONINDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE OR FOR ANY LIABILITY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF CONTENT PROVIDED MISTAKES, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS, OR DEFECTS IN TRANSMISSION, OR DELAYS, INCLUDING THOSE WHICH MAY BE CAUSED BY LICENSEE REGULATORY OR A THIRD PARTY THAT IS ACCESSED THROUGH JUDICIAL AUTHORITIES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCT AND/OBLIGATIONS OF SUPPLIER PURSUANT TO THIS AGREEMENT; AND IN NO EVENT SHALL SUPPLIER BE LIABLE AT ANY TIME FOR ANY AMOUNT IN EXCESS OF THE AGGREGATE AMOUNT IT HAS PRIOR TO SUCH TIME COLLECTED FROM CUSTOMER WITH RESPECT TO SERVICES DELIVERED HEREUNDER. SUPPLIER MAKES NO WARRANTY TO CUSTOMER OR ANY MATERIAL LINKED THROUGH SUCH CONTENTOTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF ANY SERVICE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY SUPPLIER ARE HEREBY EXCLUDED AND DISCLAIMED. IF YOU ARE A CONSUMERFor purposes of this Section, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.the term "Supplier" shall be deemed to include Supplier, its shareholders, directors, officers and employees, and any

Appears in 2 contracts

Samples: Master Service Agreement (Pathnet Telecommunications Inc), Master Service Agreement (Pathnet Telecommunications Inc)

Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY FRONTIER (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), FRONTIER (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY, THE "FRONTIER PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE MAXIMUM EXTENT PERMITTED IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NONINTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY APPLICABLE LAWFRONTIER OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. FRONTIER DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF FRONTIER HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. FRONTIER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY FRONTIER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. FRONTIER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT WILL LICENSOR SHALL THE FRONTIER PARTIES OR ITS FRONTIER'S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS OR RESELLERS BE LIABLE FOR FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR CONSEQUENTIAL DAMAGES LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OF OR INABILITY TO USE THE SOFTWARESERVICE, INCLUDINGOR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILLTHOSE ARISING UNDER CONTRACT, WORK STOPPAGETORT, COMPUTER FAILURE NEGLIGENCE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESSTRICT LIABILITY, EVEN IF FRONTIER HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF THE FRONTIER PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FRONTIER FOR THE SERVICE DURING THE NINETY (90) DAY PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE LEGAL TYPE OF CLAIM OR EQUITABLE THEORY (CONTRACTNATURE OF THE CAUSE OF ACTION. ALL OF THE FOREGOING LIMITATIONS STATED IN THIS SECTION SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, TORT AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR OTHERWISE) UPON DEFENSES WHICH THE CLAIM IS BASEDARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN ANY CASETHIS SECTION ALSO APPLY TO FRONTIER'S THIRD PARTY LICENSORS, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION PROVIDERS AND SUPPLIERS, AS INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANYSUCH AS CONSUMER LAWS), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION LIMITATIONS MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONAPPLY TO YOU.

Appears in 2 contracts

Samples: Legally Binding Agreement, Legally Binding Agreement

Limitation of Liability. YOU AGREE THAT BANK SHALL NOT BE RESPONSIBLE OR LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWYOU OR TO ANY OTHER PARTY FOR CONSEQUENTIAL, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIALSPECIAL EXEMPLARY, PUNITIVE OR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE BY YOU OF ANY SERVICE EVEN IF YOU, BANK OR INABILITY BANK’S SERVICE PROVIDER HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT ALLOWED BY LAW, BANK’S LIABILITY TO YOU UNDER THIS AGREEMENT SHALL BE LIMITED TO CORRECTING ERRORS RESULTING FROM BANK’S FAILURE TO EXERCISE ORDINARY CARE OR TO ACT IN GOOD FAITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL BANK BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU AND RECEIVED BY BANK DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM FIRST ACCRUED, WHICH SHALL BE DETERMINED BY THE EARLIER OF THE DATE WHEN YOU FIRST BECAME AWARE OF THE CLAIM OR THE DATE WHEN, THROUGH THE EXERCISE OF REASONABLE CARE, YOU REASONABLY SHOULD HAVE BECOME AWARE OF THE CLAIM. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED BY BANK ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BANK MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WHATSOEVER TO YOU OR TO ANY OTHER PERSON AS TO THE SERVICES OR ANY ASPECT THEREOF, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, OR SUITABILITY. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR ANY SERVICES TO BE PERFORMED PURSUANT HERETO. BANK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU AS TO ANY COMPUTER HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILLYOUR COMPUTER SYSTEMS OR RELATED EQUIPMENT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONYOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE SUITABILITY OR COMPATIBILITY OF BANK’S SOFTWARE, INTERNET DELIVERED SERVICE, EQUIPMENT OR COMMUNICATION INTERFACES WITH THOSE THAT YOU USE, OR AS TO WHETHER ANY AND ALL OTHER COMMERCIAL DAMAGES SOFTWARE OR LOSSESINTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, EVEN IF ADVISED INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL MERCHANTABILITY OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDFITNESS FOR A PARTICULAR PURPOSE. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT BANK SHALL NOT EXCEED BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR FAILURES RESULTING FROM DEFECTS IN OR MALFUNCTIONS OF YOUR COMPUTER HARDWARE OR SOFTWARE, FOR THE AGGREGATE QUALITY OF PERFORMANCE OR LACK OF PERFORMANCE OF ANY COMPUTER SOFTWARE OR HARDWARE OR INTERNET DELIVERED SERVICES SUPPLIED BY BANK TO YOU IN CONNECTION WITH THIS AGREEMENT, OR FOR THE SUM TRANSMISSION OR FAILURE OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT TRANSMISSION OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH ANY INFORMATION FROM YOU TO BANK OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR FROM BANK TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESYOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY BANK SHALL NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR NOTIFYING YOU OF ANY LIABILITY ARISING OUT UPGRADES OR ENHANCEMENTS TO ANY OF CONTENT PROVIDED BY LICENSEE YOUR COMPUTER HARDWARE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONSOFTWARE.

Appears in 2 contracts

Samples: Online Banking Agreement, Online Banking Agreement

Limitation of Liability. IF MICROSOFT BREACHES THIS AGREEMENT, OR IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THIS AGREEMENT’S LIMITATIONS, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER, FROM MICROSOFT OR ANY AFFILIATES, SUPPLIERS, RESELLERS, DISTRIBUTORS, AND VENDORS, DIRECT DAMAGES UP TO USD$5.00. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOESN'T FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING RELATED TO THIS AGREEMENT SUCH AS: (I) LOSS OF CUSTOMER DATA; (II) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT VIRUS AFFECTING YOUR USE OF THE USE MARKETPLACE; (III) DELAYS OR FAILURES IN STARTING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS; (IV) CLAIMS FOR BREACH OF OR INABILITY TO USE THE SOFTWARECONTRACT, INCLUDINGWARRANTY, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONGUARANTEE, OR ANY AND ALL CONDITION; (V) STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION, OMISSION, TRESPASS, OR OTHER COMMERCIAL DAMAGES TORT; (VI) VIOLATION OF STATUTE OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL REGULATION; OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISEVII) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESUNJUST ENRICHMENT. SOME JURISDICTIONS DO OR ALL OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IF YOUR STATE, PROVINCE, OR COUNTRY DOESN'T ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL INCIDENTAL, CONSEQUENTIAL, OR CONSEQUENTIAL OTHER DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.

Appears in 2 contracts

Samples: cdn.vsassets.io, cdn.vsassets.io

Limitation of Liability. TO REGARDLESS OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWFORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL LICENSOR WE OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREOUR AFFILIATES, INCLUDING, WITHOUT LIMITATION, OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY DAMAGE BE IT DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, WASTED EXPENDITURE, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF GOODWILL, WORK STOPPAGELOSS OF ANTICIPATED SAVINGS, COMPUTER FAILURE LOSS OF GOODS OR MALFUNCTIONSERVICES, OR ANY AND ALL OTHER COMMERCIAL DAMAGES ARISING IN ANY WAY OUT OF OR LOSSESRELATED TO GAR PROVIDING A PRODUCT UNDER A CONTRACT FOR SALE, PURCHASE ORDER, OR ANY OTHER WRITING CONFIRMING A BUSINESS TRANSACTION EVEN IF GAR OR ITS AFFILIATES, OR GAR OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, SUCCESSORS AND ASSIGNS ARE AWARE OR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDSUCH DAMAGES. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE APPLICABLELIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS). ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENTNo claim of any kind shall be greater in amount than the purchase price of the merchandise in respect of which such damages are claimed, and failure to give notice of claim within 366 days from the date of delivery or 90 days after the date fixed for delivery (in the event of non-delivery), shall constitute a waiver by Buyer of all claims in respect of such merchandise. IF YOU ARE A CONSUMERThe remedy hereby provided shall be cancelled without liability, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONbut the contract shall otherwise remain unaffected.

Appears in 2 contracts

Samples: www.garlabs.com, www.garlabs.com

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY THIS SYNOVUS GATEWAY AGREEMENT OR REQUIRED BY APPLICABLE LAW, IN NO EVENT YOUR USE OF SYNOVUS GATEWAY AND THE SYNOVUS GATEWAY SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND AT YOUR OWN RISK AND NEITHER WE NOR ANY OF OUR AGENTS, CONTRACTORS, VENDORS OR SERVICE PROVIDERS WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU FOR ANY INDIRECTBREACHES OF THIS AGREEMENT OR FOR OURS OR THEIR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION UNDER THIS SYNOVUS GATEWAY AGREEMENT. WITHOUT LIMITING THE FOREGOING, SPECIALNEITHER WE NOR ANY OF OUR AGENTS, INCIDENTAL CONTRACTORS, VENDORS OR CONSEQUENTIAL DAMAGES ARISING OUT SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY BREACHES OF THE USE THIS AGREEMENT OR DELAYS OR MISTAKES RESULTING FROM ANY FORCE MAJEURE (AS DEFINED BELOW) OR FROM ANY FAILURE OF OR INABILITY TO USE THE SOFTWAREDELAY OF ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS ANY FEDERAL RESERVE BANK, ACH OPERATOR OR TRANSMISSION OR COMMUNICATIONS FACILITY, ANY RECEIVER OR RECEIVING DEPOSITORY FINANCIAL INSTITUTION (“RDFI”) (INCLUDING, WITHOUT LIMITATION, THE RETURN OF GOODWILLAN ENTRY BY SUCH RECEIVER OR RDFI), WORK STOPPAGEANY PARTICIPATING DEPOSITORY FINANCIAL INSTITUTION, COMPUTER FAILURE ANY BENEFICIARY OR MALFUNCTIONBENEFICIARY’S BANK, ANY INTERMEDIARY BANK, INTERNET ACCESS SERVICE PROVIDER, PAYMENT CARD NETWORK, ACQUIRING BANK OR PROCESSOR, OR ANY AND ALL OTHER COMMERCIAL DAMAGES SERVICE PROVIDER TO PERFORM OR LOSSESTO PROVIDE ANY SERVICES, EVEN IF ADVISED FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. NOT IN LIMITATION OF THE POSSIBILITY THEREOFFOREGOING, AND WE WILL NOT BE LIABLE TO YOU FOR ANY DELAY, FAILURE OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE OR ANY PAYMENT SYSTEM OR FOR ANY SERVICES OR ANY ACTS OR OMISSIONS UNDER A THIRD PARTY SERVICE ADDENDUM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, REGARDLESS OF THE LEGAL TYPE OF CLAIM, WHETHER FOR BREACH OF CONTRACT, TORT OR EQUITABLE THEORY STRICT LIABILITY, YOU WILL ONLY BE ENTITLED TO RECOVER THE LESSER OF: YOUR ACTUAL DAMAGES; OR THE TOTAL AMOUNT OF ALL SERVICE FEES ACTUALLY PAID BY YOU TO BANK IN THE SIX (6) MONTH PERIOD FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES IMMEDIATELY PRECEDING THE DATE ON WHICH BANK’S LIABILITY IS FINALLY DETERMINED. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE), LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM EVEN IF YOU HAVE ADVISED US OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT POSSIBILITY OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.

Appears in 2 contracts

Samples: Synovus Gateway Agreement, Synovus Gateway Agreement

Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE FORUM. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE FORUM MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE FORUM IS AT YOUR OWN RISK AND THAT THE FORUM IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR NEITHER GE NOR ITS AFFILIATES, SUPPLIERS OR RESELLERS THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL OR CONSEQUENTIAL OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE FORUM, OR ANY OTHER FORUM YOU ACCESS THROUGH A LINK FROM THIS FORUM OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE FORUM, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE FORUM, GE’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS FORUM, OR OTHERWISE ARISING OUT OF THE USE OF THE FORUM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR INABILITY TO USE OTHERWISE, EVEN IF GE, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE SOFTWARE, INCLUDINGPOSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES FOR OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONPROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ALL ANY OTHER COMMERCIAL DAMAGES TANGIBLE OR LOSSESINTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER GE NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, EVEN IF ADVISED OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE POSSIBILITY THEREOF, FORUM. YOUR SOLE AND REGARDLESS EXCLUSIVE REMEDY FOR ANY OF THE LEGAL ABOVE CLAIMS OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM ANY DISPUTE WITH GE IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM TO DISCONTINUE YOUR USE OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) FORUM. YOU AND FEES FOR SUPPORT GE AGREE THAT ANY CAUSE OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION ACTION ARISING OUT OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR RELATED TO THE EXTENT APPLICABLE LAW PROHIBITS FORUM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE LIMITATION CAUSE OF DAMAGES IN SUCH CASESACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONAPPLY TO YOU.

Appears in 2 contracts

Samples: www.ge.com, www.predix.io

Limitation of Liability. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR NONE OF XXXXXXXXX.XXX, ITS AFFILIATES, OR ITS SUPPLIERS ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR RESELLERS AGENTS (COLLECTIVELY, “GB PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OF, OR THE INABILITY TO USE THE SOFTWARESITE OR SERVICES, INCLUDINGOR RELATED TO THE INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE SITE, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO THE SITE, DELAYS OR DISRUPTIONS IN OUR SITE, ACTIONS TAKEN BY THIRD PARTIES THROUGH OUR SITE, ACTIONS TAKEN RELATED TO YOUR ACCOUNT, OR VIRUSES OR MALWARE OBTAINED BY USING OUR SITE OR LINKS ON OUR SITE (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILLREVENUE OR ANTICIPATED PROFITS, WORK STOPPAGELOST BUSINESS OR LOST SALES, COMPUTER FAILURE LOSS OF GOODWILL OR MALFUNCTIONREPUTATION, BUSINESS INTERRUPTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESDAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION SUCH DISCLAIMERS AND LIMITATION EXCLUSIONS MAY NOT BE APPLICABLEAPPLY TO YOU. ‘WEB WIZ’ IS TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE GB PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT RESPONSIBLE FOR ANY LIABILITY LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING OUT FROM THIS AGREEMENT OR YOUR USE OF CONTENT PROVIDED BY LICENSEE THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US$100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT. You hereby release all GB Parties from claims and all liabilities of every kind, known and unknown, arising from disputes between you and other Users. By entering into this Agreement, you hereby waive any statutory or other type of protections that would otherwise limit this release to covering only known or suspected claims at the time of this release. If you are a California resident, you waive California Civil Code §1542, which says: "A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMERgeneral release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONwhich if known by him must have materially affected his settlement with the debtor.

Appears in 2 contracts

Samples: User Agreement, User Agreement

Limitation of Liability. TO MERCHANT AGREES AND ACNOWLEDGES THAT USE OF GATEWAY SERVICES ARE AT MERCHANT’S SOLE RISK. ANY GATEWEAY SERVICES, GOODS OR SOFTWARE PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, AND PPD GIVES NO OTHER EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: WARRANTIES THAT THE MAXIMUM EXTENT PERMITTED GATEWAY SERVICES WILL BE COMPLETE, ACCURATE, SECURE, TIMELY, AVAILABLE, ACCESSIBLE, UNINTERRUPTED OR ERROR-FREE; IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE; OR THOSE ARISING BY APPLICABLE OPERATION OF LAW, IN NO EVENT WILL LICENSOR COURSE OF DEALING OR ITS SUPPLIERS OR RESELLERS USAGE OF TRADE. MERCHANT UNDERSTANDS AND ACKNOWLEDGES THAT PPD SHALL NOT BE LIABLE FOR ANY INDIRECTIMPROPERLY PROCESSED OR AUTHORIZED TRANSACTION, SPECIALOR ILLEGAL OR FRAUDULENT ACCESS TO MERCHANT’S GATEWAY ACCOUNT OR DATA. THIS DISCLAIMER OF WARRANTIES CONSTITUTES AN ESSENTIAL PART OF THIS MERCHANT AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS MERCHANT AGREEMENT. EXCEPT AS OTHERWISE PROVIDED IN THIS MERCHANT AGREEMENT, INCIDENTAL MERCHANT EXPRESSLY AGREES THAT PPD SHALL NOT BE LIABLE FOR ANY LOSS (HOWEVER ARISING, INCLUDING NEGLIGENCE), ARISING FROM OR CONSEQUENTIAL DAMAGES ARISING OUT RELATED TO: (A) MERCHANT’S FAILURE TO PROPERLY ACTIVATE, INTEGRATE OR SECURE ITS GATEWAY ACCOUNT; (B) IMPROPER, ILLEGAL, UNAUTHORIZED OR FRAUDULENT TRANSACTIONS PROCESSED THROUGH MERCHANT’S GATEWAY ACCOUNT; (C) DISRUPTION OF MERCHANT SERVICES, SYSTEMS, SERVER OR WEB SITE BY ANY MEANS, INCLUDING WITHOUT LIMITATION, DDOS ATTACKS, SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER TECHNOLOGY; (D) ACTIONS OR INACTIONS BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, A MSP OR BANK; OR (E) UNAUTHORIZED ACCESS TO (i) DATA, CARDHOLDER INFORMATION (INCLUDING CREDIT CARD NUMBERS AND OTHER DATA), TRANSACTION DATA OR PERSONAL INFORMATION BELONGING TO PPD , MERCHANT OR ANY THIRD PARTY OR (ii) THE GATEWAY SERVICES, OR ANY SYSTEM OR PROGRAM ASSOCIATED THEREWITH; OR (F) THE LIMITATION OF THE FUNCTIONING OF ANY GATEWAY SERVICES OR SOFTWARE, HARDWARE, OR EQUIPMENT ASSOCIATED THEREWITH. PPD MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER IN RELATION TO THIRD PARTY PRODUCTS OR SERVICES (INCLUDING THOSE OF A MSP). MERCHANT’S USE OF ANY SUCH THIRD PARTY PRODUCTS OR SERVICES IS AT ITS OWN RISK. PPD ASSUMES NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR CLAIMS OF LOSS AND/OR FRAUD INCURRED RESULTING FROM THE USE OF OR INABILITY TO USE THE SOFTWARECONCLUSIONS DRAWN FROM ANY THIRD PARTY PRODUCT OR SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL WHETHER OR EQUITABLE THEORY (CONTRACT, TORT NOT PPD IS A RESELLER OF OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID REFERRAL AGENT FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE SUCH PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONSERVICE.

Appears in 2 contracts

Samples: Merchant Agreement, Merchant Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS 8.1 FORTRESS SHALL NOT BE LIABLE FOR ANY INDIRECTACTION TAKEN OR OMITTED TO BE TAKEN BY IT IN GOOD FAITH UNLESS AS A RESULT OF ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN EACH CASE AS DETERMINED BY AN ADJUDICATOR OF COMPETENT JURISDICTION, AND ITS SOLE RESPONSIBILITY SHALL BE FOR THE HOLDING AND DISBURSEMENT OF THE CUSTODIAL PROPERTY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, SHALL HAVE NO IMPLIED DUTIES OR OBLIGATIONS AND SHALL NOT BE CHARGED WITH KNOWLEDGE OR NOTICE OF ANY FACT OR CIRCUMSTANCE NOT SPECIFICALLY SET FORTH HEREIN, ACCOUNT HOLDER HEREBY ACKNOWLEDGES AND AGREES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, FORTRESS WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ACCOUNT HOLDER FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY RELATED TO USE THE SOFTWAREANY INVESTMENT OR TRANSACTION OCCURRING UNDER THIS AGREEMENT, INCLUDINGINCLUDING BUT NOT LIMITED TO, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESBUSINESS, EVEN IF FORTRESS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, LIKELIHOOD OF SUCH LOSS OR DAMAGE AND REGARDLESS OF THE LEGAL FORM OF ACTION. THIS INCLUDES ANY LOSSES OR EQUITABLE THEORY (CONTRACTPROBLEMS OF ANY TYPE RESULTING FROM INCIDENTS OUTSIDE OF OUR DIRECT CONTROL, TORT INCLUDING BUT NOT LIMITED TO ERRORS, HACKS, THEFT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDACTIONS OF ISSUERS, TRANSFER AGENTS, SMART CONTRACTS, BLOCKCHAINS AND INTERMEDIARIES OF ALL TYPES. IN ACCOUNT HOLDER HEREBY ACKNOWLEDGES AND AGREES UNDER NO CIRCUMSTANCES WILL FORTRESS‘S TOTAL LIABILITY OF ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ALL KINDS ARISING OUT OF CONTENT PROVIDED OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID, IF ANY, BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH ACCOUNT HOLDER TO FORTRESS UNDER THIS AGREEMENT DURING THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH TWELVE (12) MONTH PERIOD PRIOR TO THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CONTENTLIABILITY. IF YOU THE LIMITATIONS OF LIABILITY HEREIN ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONLAW.

Appears in 2 contracts

Samples: Fortress Trust Account Agreement, Fortress Trust Account Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS dotPH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER WAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, dotPH AND dotPH RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT NAMEHOLDER MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING" OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONOTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN. FINALLY, dotPH IS NOT LIABLE WHATSOEVER FOR ANY AND ALL DAMAGES THAT NAMEHOLDER MAY SUFFER BECAUSE OF THE RE-DELEGATION OF THE PH COUNTRY CODE TOP LEVEL DOMAIN, SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORIZED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER COMMERCIAL DAMAGES SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR LOSSESINTERRUPTIONS IN DEVELOPMENT OF WEB SITES, OR BREACH OF SECURITY, EVEN IF dotPH HAS BEEN ADVISED OF THE POSSIBILITY THEREOFPOTENTIAL FOR SUCH DAMAGES, AND REGARDLESS EVEN IF dotPH MAY FORESEE SUCH POSSIBLE DAMAGES. NAMEHOLDER'S SOLE REMEDY FOR dotPH'S BREACH OF THIS AGREEMENT SHALL BE A REFUND OF THE LEGAL SERVICE FEE OR EQUITABLE THEORY RENEWAL FEE (CONTRACTIF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY NAMEHOLDER ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. NAMEHOLDER'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) UPON WHICH SHALL BE LIMITED TO THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION AMOUNT OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE MONEY PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED TO dotPH BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES NAMEHOLDER BUT IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONNO CASE SHALL EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE YOU ARE FULLY RESPONSIBLE FOR ANY INDIRECTTRANSACTION MADE BY USE OF AN ATM CARD, SPECIALMasterCard® CHECK CARD (EXCEPT AS STATED ABOVE), INCIDENTAL Essex Online Banking, PIN, OR CONSEQUENTIAL DAMAGES ARISING OUT PASSWORD WHETHER OR NOT OBTAINED OR RETAINED BY A PERSON NOT AUTHORIZED BY YOU TO INITIATE ELECTRONIC FUNDS TRANSFERS. YOU AGREE TO IMMEDIATELY REIMBURSE US FOR ANY LOSS, CLAIM OR DAMAGE WE MAY SUSTAIN AS A RESULT OF THE USE OF OR INABILITY TO USE THE SOFTWAREANY CARD, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONPIN, OR PASSWORD. WE SHALL HAVE NO LIABILITY FOR ANY AND ALL OTHER COMMERCIAL DAMAGES LOSS, CLAIM, OR LOSSESDAMAGE YOU MAY SUSTAIN AS A RESULT OF THE USE OF ANY CARD, PIN, OR PASSWORD. WE WILL NOT BE LIABLE EVEN IF ADVISED THE UNAUTHORIZED USE OCCURS AFTER YOU HAVE ASKED US TO DEACTIVATE THE CARD, PIN OR PASSWORD, WHETHER WE HAVE ACTED ON THE REQUEST OR NOT. WITHOUT LIMITING THE ABOVE, WE WILL NOT BE LIABLE: • FOR DELAYS OR MISTAKES THAT OCCUR BECAUSE OF REASONS THAT ARE BEYOND OUR CONTROL (E.G., FIRE, FLOOD, OR WAR), DESPITE REASONABLE PRECAUTIONS THAT WE HAVE TAKEN. • IF ANY ATM OR ATM SYSTEM NETWORK OR OTHER ELECTRONIC COMMUNICATION SYSTEM WAS NOT WORKING PROPERLY, OR IF THERE IS A POWER FAILURE. • IF, THROUGH NO FAULT OF OURS, YOU DO NOT HAVE SUFFICIENT FUNDS IN YOUR ACCOUNT TO MAKE THE POSSIBILITY THEREOFTRANSFER, THE TRANSFER WOULD EXCEED THE CREDIT LIMIT ON YOUR OVERDRAFT PROTECTION, IF APPLICABLE, OR YOUR ACCOUNT HAS BEEN CLOSED. • IF THE FUNDS ARE SUBJECT TO LEGAL PROCESS RESTRICTING THE TRANSFER. • IF WE ARE OTHERWISE EXEMPTED FROM LIABILITY UNDER APPLICABLE LAWS AND REGULATIONS. IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER NONDIRECT DAMAGES, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM AND EVEN IF WE HAVE BEEN ADVISED OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT POSSIBILITY OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY)SUCH DAMAGES. MasterCard® Zero Liability Protection. If your Card was issued under the MasterCard® small business card program, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESyou may have no liability for certain unauthorized transactions, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONprovided you and your use of the Card meet the requirements of the zero liability program.

Appears in 2 contracts

Samples: Business Deposit Account Contract, Business Deposit Account Contract

Limitation of Liability. THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FHP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECTADDITION, SPECIALFHP DOES NOT WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS CURRENT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONCOMPLETE, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESERROR-FREE. SOME JURISDICTIONS STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IMPLIED WARRANTIES SO THIS EXCLUSION AND THE ABOVE LIMITATION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL FOREVER HEALTHY, IT'S SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALY) BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY LIABILITY ARISING OUT INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF CONTENT PROVIDED BY LICENSEE ANY CHARACTER, RELATING TO THE WEBSITE, THE COMMUNITY OR A THIRD PARTY THAT IS ACCESSED THROUGH CONTENT, THIS AGREEMENT OR ACTIVITIES RELATING THERETO EVEN IF FHP SHALL HAVE BEEN INFORMED OF THE PRODUCT AND/OR POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY MATERIAL LINKED THROUGH SUCH CONTENTFAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF YOU ARE A CONSUMERANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER THEN FOREVER HEALTHY'S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONLAW.

Appears in 2 contracts

Samples: foreverhealthyproducts.com, foreverhealthyproducts.com

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. CLARIS SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM: (A) CLARIS’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) CLARIS’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLARIS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY INCLUDING, BUT NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF CLARIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY LIABILITY ARISING OUT CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF CONTENT PROVIDED BY LICENSEE THE SERVICE OR A THIRD PARTY THAT IS ACCESSED THROUGH ANY PART THEREOF; (III) THE PRODUCT UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY MATERIAL LINKED THROUGH SUCH CONTENTTHIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IF IN NO EVENT SHALL CLARIS’S MAXIMUM AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONTO CLARIS FOR THE SERVICE IN THE PRECEDING TWELVE-MONTH SUBSCRIPTION TERM.

Appears in 2 contracts

Samples: Claris Connect Terms of Service, Legal Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEXCEPT FOR PAYMENTS REQUIRED UNDER SECTION 4, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIALPUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ANY ACTION ARISING OUT OF FROM OR RELATED TO THESE TERMS AND CONDITIONS, THE USE OF CONTENT PROVIDER AGREEMENT, OR INABILITY ANY INSERTION ORDER IN EFFECT BETWEEN CNET AND CONTENT PROVIDER FROM TIME TO USE THE SOFTWARETIME, INCLUDINGWHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INTENDED CONDUCT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR RELATING TO THE LOSS OF PROFITS, INCOME OR GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. EXCEPT FOR DAMAGES ARISING UNDER SECTION 4 OR 13, AND REGARDLESS IN NO EVENT WILL EITHER PARTY'S LIABILITY FOR MONETARY DAMAGES UNDER THIS CONTENT PROVIDER AGREEMENT EXCEED THE AMOUNT PAID BY CONTENT PROVIDER TO CNET FOR THE PROGRAM WHICH IS THE BASIS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDLIABILITY. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT NEITHER PARTY WILL BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE LIABLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE INTERNET OR A TELECOMMUNICATIONS FAILURE, COMPUTER VIRUS, THIRD PARTY INTERFERENCE OR OTHER THIRD PARTY SOFTWARE OR HARDWARE THAT IS ACCESSED THROUGH THE PRODUCT AND/MAY INTERRUPT OR DELAY ACCESS TO ANY MATERIAL LINKED THROUGH SUCH CONTENTINTERNET SITE OR CAUSE OTHER PROBLEMS OR LOSSES (COLLECTIVELY, A "NETWORK FAILURE"). IF YOU ARE A CONSUMERNEITHER PARTY WILL BE LIABLE FOR ANY DELAY OR FAILURE TO FULFILL ITS OBLIGATIONS HEREUNDER THAT RESULTS FROM AN ACT OF GOD, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONWAR, CIVIL DISTURBANCE, COURT ORDER, LEGISLATIVE OR REGULATORY ACTION, CATASTROPHIC WEATHER CONDITION, EARTHQUAKE, FAILURE OR FLUCTUATION IN ELECTRICAL POWER OR OTHER UTILITY SERVICES, NETWORK FAILURE OR OTHER CAUSE BEYOND ITS REASONABLE CONTROL.

Appears in 2 contracts

Samples: Branded Site Agreement (Techies Com Inc), Branded Site Agreement (Techies Com Inc)

Limitation of Liability. ALTHOUGH MEDIATOR IS AN ATTORNEY WITH EXPERIENCE IN THE PRACTICE OF FAMILY LAW, HUSBAND AND WIFE ACCEPT THAT MEDIATOR WILL NOT ACT AS THE LEGAL COUNSEL FOR EITHER HUSBAND OR WIFE OR BOTH AND WILL NOT PROVIDE OR BE CONSIDERED TO HAVE PROVIDED LEGAL ADVICE TO EITHER HUSBAND OR WIFE OR BOTH REGARDING ANY MATTER THAT IS RELATED TO THE MAXIMUM EXTENT PERMITTED SUBJECT OF THE MEDIATION. HUSBAND AND WIFE ACKNOWLEDGE THAT MEDIATOR MAY PROVIDE BACKGROUND INFORMATION REGARDING THE SUBJECT OF THE MEDIATION BUT THAT SUCH INFORMATION IS INTENDED SOLELY TO HELP HUSBAND AND WIFE UNDERSTAND THEIR LEGAL POSITION AND IS NOT INTENDED TO BE A COMPLETE EXPLANATION OF THEIR LEGAL RIGHTS OR OPTIONS. FURTHERMORE, HUSBAND AND WIFE UNDERSTAND THAT THEIR INTERESTS AND OBJECTIVES MAY BE INCONSISTENT WITH THE INTERESTS AND OBJECTIVES OF THE OTHER. EACH PARTY HEREBY WAIVES ANY CONFLICT OF INTEREST THAT MAY RESULT OR APPEAR TO RESULT FROM THE INFORMATION PROVIDED BY APPLICABLE LAWTHE MEDIATOR. HUSBAND AND WIFE EACH AGREE THAT THEY ACCEPT SOLE RESPONSIBILITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL, IN NO EVENT WILL LICENSOR TAX COUNSEL, OR ITS SUPPLIERS OR RESELLERS BE OTHER PERSON OF APPROPRIATE EXPERTISE BEFORE RELYING ON ANY INFORMATION PROVIDED BY THE MEDIATOR. HUSBAND AND WIFE UNDERSTAND AND AGREE THAT XXXXXXXXX & XXXXXXXXXX, LLP, DOES NOT RECEIVE CASE NOTICES FROM THE COURT (SUCH AS NOTICES TO APPEAR FOR A STATUS CONFERENCE) AND THEREFORE, THE MEDIATOR AND XXXXXXXXX & XXXXXXXXXX, LLP, ARE NOT LIABLE FOR COURT ACTIONS, INCLUDING CASE DISMISSAL. HUSBAND AND WIFE AGREE TO IMMEDIATELY FORWARD TO XXXXXXXXX & XXXXXXXXXX, LLP ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY COURT NOTICES SENT DIRECTLY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED THEM BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.COURT Wife’s Initials Husband’s Initials

Appears in 2 contracts

Samples: Interest Waiver Agreement, Interest Waiver Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, a) IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS DATA INNOVATIONS BE LIABLE TO YOU UNDER ANY THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL INDIRECT DAMAGES ARISING OUT OF THE USE OF ANY KIND OR INABILITY TO USE THE SOFTWARENATURE WHATSOEVER, INCLUDINGWHETHER FORESEEABLE OR UNFORESEEABLE, SUFFERED BY YOU. INCLUDING WITHOUT LIMITATION, DAMAGES FOR LIMITATION LOSS OF GOODWILLGOOD WILL, LOST PROFITS, WORK STOPPAGE, DATA OR CONTENT LOSS, COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTIONS, LOSS OF INCOME, DAMAGES DUE TO FORCE MAJEURE, OTHER ECONOMIC LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY AND ALL OTHER COMMERCIAL DAMAGES USE OF OR LOSSESFAILURE TO BE ABLE TO USE THE SOFTWARE, EVEN IF DATA INNOVATIONS HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES, AND REGARDLESS NOTWITHSTANDING THE FAILURE OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDPURPOSE OF ANY LIMITED REMEDY. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT DATA INNOVATIONS SHALL NOT EXCEED IN BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED TO (i) LOSS OF DATA, (ii) FOR TRANSACTIONS PERFORMED USING THE AGGREGATE SOFTWARE; OR (iii) MODIFICATIONS TO THE SUM OF SOFTWARE BY YOU, WHETHER MADE BY YOU OR ANY THIRD PARTY, WHETHER SUFFERED BY YOU OR ANY THIRD PARTY. THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) FOREGOING LIMITATIONS AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESYOUR JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESData Innovations' aggregate liability under or in connection with this Agreement for any and all causes whatsoever, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLEand Your maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, will not exceed the fees paid for the Software that accompanies this Agreement, if any, for the six (6) months immediately preceding the breach for which the damages are claimed. ‘WEB WIZData Innovations shall not be liable for any claims or damages of third parties. The existence of one or more claims will not enlarge this limit. You acknowledge that Data InnovationsIS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONpricing reflects this allocation of risk and the limitation of liability specified in this section will apply regardless of whether any limited or exclusive remedy specified in this Agreement fails of its essential purpose.

Appears in 2 contracts

Samples: Licence Agreement, Licence Agreement

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Limitation of Liability. In addition to the Limitation of Liability Provisions applicable to all services, the following additional Limitations of Liability apply to Digital Phone Service YOU AGREE THAT DIGITAL PHONE IS PROVIDED BY KNOLOGY ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON- INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THIS AGREEMENT. KNOLOGY MAKES NO WARRANTY THAT DIGITAL PHONE WILL BE UNINTERRUPTED OR ERROR FREE. YOU FURTHER AGREE THAT ALL USE OF DIGITAL PHONE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING: NONE OF THE KNOLOGY PARTIES MAKES ANY WARRANTIES AS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSECURITY OF YOUR COMMUNICATIONS VIA KNOLOGY FACILITIES OR DIGITAL PHONE, IN NO EVENT OR OUTSIDE THE SERVICE TO THE INTERNET, OR THAT THIRD PARTIES WILL LICENSOR NOT GAIN UNAUTHORIZED ACCESS TO OR ITS SUPPLIERS MONITOR YOUR COMPUTER(S) OR RESELLERS PHONE COMMUNICATIONS. YOU AGREE THAT NONE OF THE KNOLOGY PARTIES WILL BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS. YOU HAVE THE SOLE RESPONSIBILITY TO SECURE YOUR COMPUTER AND PHONE COMMUNICATIONS. YOU UNDERSTAND THAT THE INSTALLATION, USE, INSPECTION, MAINTENANCE, REPAIR, REPLACEMENT OR REMOVAL OF DIGITAL PHONE, EQUIPMENT AND SOFTWARE MAY RESULT IN DAMAGE TO YOUR COMPUTER(S) OR OTHER HARDWARE, INCLUDING SOFTWARE AND DATA FILES STORED THEREON. YOU WILL BE SOLELY RESPONSIBLE FOR BACKING UP ALL EXISTING COMPUTER FILES PRIOR TO THE PERFORMANCE OF ANY OF THE FOREGOING ACTIVITIES. NONE OF THE KNOLOGY PARTIES WILL HAVE ANY LIABILITY, AND EACH EXPRESSLY DISCLAIMS ANY RESPONSIBILITY WHATSOEVER, FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, HARDWARE, DATA OR FILES. IN NO EVENT (INCLUDING NEGLIGENCE) WILL ANY KNOLOGY PARTY OR ANY PERSON OR ENTITY INVOLVED IN PROVIDING DIGITAL PHONE OR EQUIPMENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIALINCIDENTAL, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE DIGITAL PHONE, INCLUDING THE SOFTWAREUSE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONANY ACTION TAKEN TO PROTECT DIGITAL PHONE, OR THE BREACH OF ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONWARRANTY.

Appears in 2 contracts

Samples: Knology Customer Service Agreement, Knology Customer Service Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWNEITHER LIGHTEDGE, IN NO EVENT ITS AFFILIATES NOR ITS LICENSORS WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER LIGHTEDGE, ITS AFFILIATES NOR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING OUT OF THE USE OF OR IN CONNECTION WITH: (A) CUSTOMER’S INABILITY TO USE THE SOFTWARECONSULTING SERVICES MANAGED SERVICES OR EQUIPMENT, INCLUDINGINCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR CUSTOMER’S USE OF OR ACCESS TO THE CONSULTING SERVICES, MANAGED SERVICES OR EQUIPMENT, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE CONSULTING SERVICES, MANAGED SERVICES OR EQUIPMENT, OR, (III) WITHOUT LIMITATIONLIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENT, DAMAGES ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE CONSULTING SERVICES, MANAGED SERVICES OR EQUIPMENT FOR LOSS ANY REASON; (B) THE COST OF GOODWILLPROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONEXPENDITURES, OR COMMITMENTS BY CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER’S USE OF OR ACCESS TO THE CONSULTING SERVICES, MANAGED SERVICES OR EQUIPMENT; OR (D) ANY AND ALL UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF CUSTOMER’S CONTENT OR OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDDATA. IN ANY CASE, LICENSOR'S ENTIRE EXCEPT LIGHTEDGE’S, ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL WILL NOT EXCEED IN THE AGGREGATE AMOUNT YOU ACTUALLY PAY LIGHTEDGE UNDER THIS AGREEMENT FOR THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR SERVICE THAT GAVE RISE TO THE EXTENT APPLICABLE LAW PROHIBITS CLAIM DURING THE LIMITATION OF DAMAGES IN SUCH CASES12 MONTHS BEFORE THE LIABILITY AROSE. SOME JURISDICTIONS DO NOT ALLOW REMEDIES UNDER THIS MASTER AGREEMENT ARE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO EXCLUSIVE REMEDIES FOR RECOVERY UNDER THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/MASTER AGREEMENT OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU CUSTOMER AGREEMENT AND ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONLIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS MASTER AGREEMENT.

Appears in 2 contracts

Samples: www.lightedge.com, www.lightedge.com

Limitation of Liability. TO MERCHANT AGREES AND ACKNOWLEDGES THAT USE OF GATEWAY SERVICES ARE AT MERCHANT’S SOLE RISK. ANY GATEWAY SERVICES, GOODS OR SOFTWARE PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, AND NUVEI GIVES NO OTHER EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: WARRANTIES THAT THE MAXIMUM EXTENT PERMITTED GATEWAY SERVICES WILL BE COMPLETE, ACCURATE, SECURE, TIMELY, AVAILABLE, ACCESSIBLE, UNINTERRUPTED OR ERROR-FREE; IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE; OR THOSE ARISING BY APPLICABLE OPERATION OF LAW, IN NO EVENT WILL LICENSOR COURSE OF DEALING OR ITS SUPPLIERS OR RESELLERS USAGE OF TRADE. MERCHANT UNDERSTANDS AND ACKNOWLEDGES THAT NUVEI SHALL NOT BE LIABLE FOR ANY INDIRECTIMPROPERLY PROCESSED OR AUTHORIZED TRANSACTION, SPECIALOR ILLEGAL OR FRAUDULENT ACCESS TO MERCHANT’S GATEWAY ACCOUNT OR DATA. THIS DISCLAIMER OF WARRANTIES CONSTITUTES AN ESSENTIAL PART OF THIS MERCHANT AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS MERCHANT AGREEMENT. EXCEPT AS OTHERWISE PROVIDED IN THIS MERCHANT AGREEMENT, INCIDENTAL MERCHANT EXPRESSLY AGREES THAT NUVEI SHALL NOT BE LIABLE FOR ANY LOSS (HOWEVER ARISING, INCLUDING NEGLIGENCE), ARISING FROM OR CONSEQUENTIAL DAMAGES ARISING OUT RELATED TO: (A) MERCHANT’S FAILURE TO PROPERLY ACTIVATE, INTEGRATE OR SECURE ITS GATEWAY ACCOUNT; (B) IMPROPER, ILLEGAL, UNAUTHORIZED OR FRAUDULENT TRANSACTIONS PROCESSED THROUGH MERCHANT’S GATEWAY ACCOUNT; (C) DISRUPTION OF MERCHANT SERVICES, SYSTEMS, SERVER OR WEB SITE BY ANY MEANS, INCLUDING WITHOUT LIMITATION, DDOS ATTACKS, SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER TECHNOLOGY; (D) ACTIONS OR INACTIONS BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, A MSP OR BANK; OR (E) UNAUTHORIZED ACCESS TO (i) DATA, CARDHOLDER INFORMATION (INCLUDING CREDIT CARD NUMBERS AND OTHER DATA), TRANSACTION DATA OR PERSONAL INFORMATION BELONGING TO NUVEI, MERCHANT OR ANY THIRD PARTY OR (ii) THE GATEWAY SERVICES, OR ANY SYSTEM OR PROGRAM ASSOCIATED THEREWITH; OR (F) THE LIMITATION OF THE FUNCTIONING OF ANY GATEWAY SERVICES OR SOFTWARE, HARDWARE, OR EQUIPMENT ASSOCIATED THEREWITH. NUVEI MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER IN RELATION TO THIRD PARTY PRODUCTS OR SERVICES (INCLUDING THOSE OF A MSP). MERCHANT’S USE OF ANY SUCH THIRD PARTY PRODUCTS OR SERVICES IS AT ITS OWN RISK. NUVEI ASSUMES NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR CLAIMS OF LOSS AND/OR FRAUD INCURRED RESULTING FROM THE USE OF OR INABILITY TO USE THE SOFTWARECONCLUSIONS DRAWN FROM ANY THIRD PARTY PRODUCT OR SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL WHETHER OR EQUITABLE THEORY (CONTRACT, TORT NOT NUVEI IS A RESELLER OF OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID REFERRAL AGENT FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE SUCH PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONSERVICE.

Appears in 2 contracts

Samples: Merchant Agreement: Terms of Service, Merchant Agreement: Terms of Service

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, IN NO EVENT WE AND OUR SERVICE PROVIDERS (INCLUDING NYDIG, AND OUR AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES) WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECTAND ALL DAMAGES INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL, INCIDENTAL DIRECT, INDIRECT DAMAGES, LOST PROFITS, TRADING LOSSES OR CONSEQUENTIAL OTHER DAMAGES ARISING OUT THAT RESULT FROM YOUR USE OR LOSS OF USE OF THE USE OF INTERFACE OR INABILITY TO USE THE SOFTWARENYDIG’S SERVICE OR ANY THIRD-PARTY CONTENT, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILLDELAYS IN OR THE INABILITY TO ACCESS EBANKING, WORK STOPPAGEDELAYS IN OR THE INABILITY TO ACCESS NYDIG’S SERVICE, COMPUTER FAILURE DELAYS IN OR MALFUNCTIONTHE INABILITY TO LOGIN TO YOUR QUALIFIED UNIFY ACCOUNT, IF YOU FAIL TO MEET ELIGIBILITY REQUIREMENTS, ANY CLOSURE EVENT, IF YOUR MEMBERSHIP IS NOT IN GOOD STANDING, OR IF YOU ARE OTHERWISE DENIED ACCESS TO THE INTERFACE OR NYDIG’S SERVICE; OUR INABILITY TO TRANSMIT ORDERS OR INSTRUCTIONS THROUGH THE INTERFACE OR NYDIG’S SERVICE, THE LOSS OR CORRUPTION OF DATA THROUGH THE INTERFACE OR NYDIG’S SERVICE, AND ANY AND ALL OTHER COMMERCIAL DAMAGES INCONVENIENCE OR LOSSES, DELAY. THIS IS TRUE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES OR LOSSES OR EVEN IF SUCH LOSSES WERE FORESEEABLE. WE AND OUR SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH WE DO NOT HAVE DIRECT CONTROL (SEE, AND REGARDLESS OF THE LEGAL E.G., “FORCE MAJEURE OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDUNCOMMON CIRCUMSTANCES” ABOVE). IF YOU ARE LOCATED IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION SOME OR ALL OF THESE LIMITATIONS AND LIMITATION EXCLUSIONS MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONAPPLY TO YOU.

Appears in 2 contracts

Samples: Disclosure and Agreement, Disclosure and Agreement

Limitation of Liability. THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIFEBROOK LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECTADDITION, SPECIALLIFEBROOK LLC DOES NOT WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS CURRENT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONCOMPLETE, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESERROR-FREE. SOME JURISDICTIONS STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IMPLIED WARRANTIES SO THIS EXCLUSION AND THE ABOVE LIMITATION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LIFEBROOK LLC, IT'S SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALY) BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY LIABILITY ARISING OUT INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF CONTENT PROVIDED BY LICENSEE ANY CHARACTER, RELATING TO THE WEBSITE, THE COMMUNITY OR A THIRD PARTY THAT IS ACCESSED THROUGH CONTENT, THIS AGREEMENT OR ACTIVITIES RELATING THERETO EVEN IF LIFEBROOK LLC SHALL HAVE BEEN INFORMED OF THE PRODUCT AND/OR POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY MATERIAL LINKED THROUGH SUCH CONTENTFAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF YOU ARE A CONSUMERANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER THEN LIFEBROOK LLC'S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONLAW.

Appears in 2 contracts

Samples: Lifebrook Products Terms, Lifebrook Products

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWCLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT I-SHOWCASE AND ITS SUBSIDIARIES, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS AFFILIATES, SUCCESSORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREEXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, WORK STOPPAGEUSE, COMPUTER FAILURE DATA OR MALFUNCTIONOTHER INTANGIBLE LOSSES, RESULTING FROM ANY CLAIMS, INCLUDING BUT NOT LIMITED TO: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE AND THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT'S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE OR SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SOFTWARE OR SERVICE PROVIDED TO CLIENT UNDER THESE TERMS AND CONDITIONS. CLIENT WAIVES ANY RIGHTS, LEGAL OR OTHERWISE, TO THE EXTENT INCONSISTENT WITH THE TERMS OF THESE TERMS AND CONDITIONS AND PERMISSIBLE BY LAW. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, CLIENT AGREES THAT THE TOTAL AMOUNT RECOVERABLE FROM I-SHOWCASE FOR ANY REASON IN CONNECTION WITH, ARISING OUT OF, OR IN RELATION TO THESE TERMS AND CONDITIONS, INCLUDING BREACH OR VIOLATION HEREOF, SHALL BE LIMITED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO I-SHOWCASE FOR SERVICES RENDERED. CLIENT HEREBY EXPRESSLY AGREES TO WAIVE ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESAMOUNTS IT MAY BE ENTITLED TO RECOVER AGAINST I-SHOWCASE THAT EXCEED THE AMOUNT PAID BY CLIENT TO I-SHOWCASE UNDER THESE TERMS AND CONDITIONS. FOR THE PURPOSES OF COMPUTING THE TOTAL RECOVERY CLIENT MAY BE ENTITLED TO, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT AMOUNT PAID BY CLIENT TO I-SHOWCASE PROVIDER SHALL NOT EXCEED IN INCLUDE ANY AMOUNTS PAID BY CLIENT TO I-SHOWCASE UNDER OTHER AGREEMENTS BETWEEN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONPARTIES.

Appears in 2 contracts

Samples: I Showcase Standard Terms and Conditions, I Showcase Standard Terms and Conditions

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWPacific for Less Inc. (“PFL”), a Hawaiian corporation located in Kihei, Hawaii, is the principal tour operator. PFL and its agents, servants and employees, are mere agents for Traveler for travel, whether by road, air, sea or by any mode of transportation or local conveyance. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS SHALL PFL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF PFL HAS BEEN ADVISED OF THE USE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR INABILITY LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL PFL’S TOTAL AGGREGATE LIABILITY TO USE THE SOFTWARETRAVELER FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE TRAVELER TO PFL UNDER THIS AGREEMENT. PFL OFFERS VARIOUS SERVICES PROVIDED BY THIRD PARTY SUPPLIERS. PFL RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY SUPPLIERS. TO THE FULLEST EXTENT PERMITTED BY LAW, PFL DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY SUPPLIERS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, DAMAGES NEGLIGENT OR RECKLESS ACTS. Disclaimer of Warranties UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY PFL ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PFL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR LOSS OF GOODWILLA PARTICULAR PURPOSE, WORK STOPPAGETITLE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOFUNINTERRUPTED SERVICE, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY WARRANTIES ARISING OUT OF CONTENT PROVIDED BY LICENSEE A COURSE OF PERFORMANCE, DEALING OR A THIRD PARTY THAT IS ACCESSED TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY/THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENTPFL. IF YOU ARE A CONSUMERApplicable law in your jurisdiction may not allow the exclusion of implied warranties, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONso the above exclusions may not apply to you.

Appears in 2 contracts

Samples: Pacific for Less Terms, Pacific for Less Terms

Limitation of Liability. Reseller AGREES THAT THE PRICING OF UPLEVEL SERVICES REFLECTS THE INTENT OF BOTH Reseller AND UPLEVEL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLIMIT UPLEVEL’S LIABILITY AS PROVIDED HEREIN. THEREFORE, Reseller AGREE THAT IN NO EVENT WILL LICENSOR EVENT, REGARDLESS OF WHETHER THE CLAIM IS ASSERTED BY Reseller OR Reseller's END USER, SHALL UPLEVEL SYSTEMS, ITS AFFILIATES, ITS SUBSIDIARIES, ITS OWNERS, ITS DIRECTORS, ITS OFFICERS, ITS EMPLOYEES, ITS CONTRACTORS, ITS AGENTS, ITS VENDORS, OR ITS SUPPLIERS OR RESELLERS PARTNERS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE RESELLER AGREEMENT OR THESE TERMS AND CONDITIONS, OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARECONSEQUENTIAL, INCLUDINGEXEMPLARY, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONTREBLE, OR ANY AND ALL OTHER COMMERCIAL PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE RESULTING FROM LOST DATA, DELAY, OR INTERRUPTION IN SERVICES OR DAMAGES RESULTING FROM PERSONAL INJURY OR LOSSESPROPERTY DAMAGE, EVEN IF WHETHER OR NOT UPLEVEL SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF ANY SUCH DAMAGES. TO THE EXTENT UPLEVEL SYSTEMS IS FOUND LIABLE FOR MONETARY DAMAGES, AND THE PARTIES AGREE THAT UPLEVEL SYTEMS’ LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY Reseller TO UPLEVEL SYSTEMS IN THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH WHETHER THE CLAIM IS BASED. BASED IN ANY CASETORT, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY)CONTRACT, WITH THE EXCEPTION OF DEATH STRICT LIABILITY, OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONOTHER LEGAL THEORY.

Appears in 2 contracts

Samples: www.uplevelsystems.com, www.uplevelsystems.com

Limitation of Liability. EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF BANK. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWFACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, EXEMPLARY, PUNITIVE DAMAGES OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY KIND EVEN IF YOU ADVISE US OF THE USE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR INABILITY WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. WE SHALL NOT BE LIABLE TO USE THE SOFTWAREANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT. ALL BANK SERVICES AND ACCOUNT FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT LIMITATIONWARRANTY OF ANY KIND, DAMAGES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR LOSS OF GOODWILLA PARTICULAR PURPOSE. WE DO NOT WARRANT THE BANK’S SERVICES OR ACCOUNT FEATURES WILL MEET YOUR REQUIREMENTS, WORK STOPPAGEBE CONTINUOUS, COMPUTER FAILURE OR MALFUNCTIONUNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. IN ADDITION, EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY AND ALL OTHER COMMERCIAL DAMAGES SERVICES OR LOSSES, EVEN IF ADVISED FEATURES OF THE POSSIBILITY THEREOFSERVICE PROVIDER PLATFORM OR SERVICES ANY OTHER PRODUCTS PROVIDED TO YOU BY SERVICE PROVIDER. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND REGARDLESS LACK OF VIRUSES RELATED TO THE LEGAL SERVICES AND/OR EQUITABLE THEORY (CONTRACTPRODUCTS OF SERVICE PROVIDER AND/OR THE SERVICE PROVIDER PLATFORM. YOU AGREE THAT THE AMOUNT OF ANY CLAIM YOU HAVE AGAINST US IN CONNECTION WITH ANY ACCOUNT OR TRANSACTION WITH US, TORT WHETHER BROUGHT AS A WARRANTY, NEGLIGENCE, WRONGFUL DISHONOR OR OTHERWISE) UPON WHICH THE CLAIM OTHER ACTION, IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR SUBJECT TO REDUCTION TO THE EXTENT APPLICABLE LAW PROHIBITS THAT: 1) NEGLIGENCE OR FAILURE TO USE REASONABLE CARE ON YOUR PART, OR ON THE LIMITATION PARTY OF ANY OF YOUR AGENTS OR EMPLOYEES, CONTRIBUTED TO THE LOSS WHICH IS THE BASIS OF YOUR CLAIM AND 2) DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY COULD NOT BE APPLICABLEAVOIDED BY OUR USE OF ORDINARY CARE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LOSS RECOVERY YOU OBTAIN FROM THIRD PARTIES ON A PARTICULAR CLAIM WILL REDUCE THE AMOUNT OF ANY OBLIGATIONS WE MAY HAVE TO YOU ON THAT CLAIM AND YOU WILL IMMEDIATELY NOTIFY US OF ANY SUCH RECOVERY. YOU AGREE TO PURSUE ALL RIGHTS YOU MAY HAVE UNDER ANY INSURANCE POLICY YOU MAINTAIN IN CONNECTION WTH ANY LOSS AND TO PROVIDE US INFORMATION REGARDING COVERAGE. OUR LIABILITY ARISING OUT WILL BE REDUCED BY THE AMOUNT OF CONTENT PROVIDED BY LICENSEE ANY INSURANCE PROCEEDS YOU RECEIVE OR A THIRD PARTY THAT IS ACCESSED THROUGH ARE ENTITLED TO RECEIVE IN CONNECTION WITH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENTLOSS. IF WE REIMBURSE YOU ARE FOR A CONSUMERLOSS COVERED BY INSURANCE, THESE CONDITIONS DO NOT AFFECT YOU AGREE TO ASSIGN US YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT THE INSURANCE TO THE EXTENT OF YOUR DISCRETIONREIMBURSEMENT.

Appears in 2 contracts

Samples: Agreement, Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWIf you are dissatisfied with any of the Content contained in the Site, IN or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site. UNDER NO EVENT WILL LICENSOR CIRCUMSTANCES SHALL XXXXX.XXXXX OR ANY OF ITS SUPPLIERS RESPECTIVE OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, MEMBERS, PRINCIPALS, AGENTS, INVESTORS OR RESELLERS EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIALPUNITIVE, INCIDENTAL INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH WEBSITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEBSITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), ANY DELAY OR TECHNICAL PROBLEMS IN USING THE SITE, OR ANY INFORMATION AND THE CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF XXXXX.XXXXX OR ANY AND ALL OTHER COMMERCIAL DAMAGES OF ITS RESPECTIVE OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, MEMBERS, PRINCIPALS, AGENTS, INVESTORS OR LOSSES, EVEN IF EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.

Appears in 2 contracts

Samples: User Agreement, Current User Agreement

Limitation of Liability. THE Exto PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWMOBILE APP, XxxxXxxx.xxx OR THE SERVICES, THE Exto MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE MOBILE APP, XxxxXxxx.xxx OR THE SERVICES, EVEN IF Exto HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE Exto PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE MOBILE APP, XxxxXxxx.xxx OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE MOBILE APP, XxxxXxxx.xxx OR THE SERVICES. IN NO EVENT WILL LICENSOR THE Exto PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT CAUSES OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ACTION EXCEED USD $1,000 (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANYONE THOUSAND UNITED STATES DOLLARS), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SO THIS EXCLUSION AND LIMITATION SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENTAPPLY TO YOU. IF YOU ARE A CONSUMERDISSATISFIED WITH ANY PORTION OF THE MOBILE APP, THESE CONDITIONS DO NOT AFFECT XxxxXxxx.xxx OR THE SERVICES OR WITH THIS AGREEMENT, YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONSOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.

Appears in 2 contracts

Samples: uploads-ssl.webflow.com, uploads-ssl.webflow.com

Limitation of Liability. YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF OUR SITE IS TO STOP USING THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN SITE. YOU AGREE THAT UNDER NO EVENT CIRCUMSTANCES WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS THE FIRST ASIA PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL PUNITIVE OR CONSEQUENTIAL EXEMPLARY DAMAGES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), ARISING OUT OF THE OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SOFTWARETHIS SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INCLUDING BUT NOT LIMITED TO: LOSS OF GOODWILLREVENUE, WORK STOPPAGETRADING LOSSES, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, OPERATOR ERRORS, INCONVENIENCE OR DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; FAILURE OF ELECTRONIC OR MALFUNCTIONMECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET); SEVERE OR EXTRADODINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR ANY OTHER ACT OF GOD); FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND ALL OTHER COMMERCIAL DAMAGES LABOR PROBLEMS, ACCIDENT, EMERGENCY OR LOSSESACTION OF GOVERNMENT; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE FIRST ASIA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOFOF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, THE FIRST ASIA PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OR WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY FIRST ASIA PARTY OR (II) WHETHER THE LEGAL OR EQUITABLE THEORY (LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT OR OTHERWISE(INCLUDING NEGLIGENCE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Appears in 1 contract

Samples: Terms of Use

Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WARRANTIES, IF ANY, SET FORTH HEREIN ARE LIMITED TO THEIR EXPRESS TERMS AND ARE IN LIEU OF, AND TREETOP, ITS LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY (a) WARRANTY THAT THE TECHNOLOGY OR SERVICES ARE ERROR-FREE OR “BUG”-FREE, ACCURATE, SECURE, OR RELIABLE; (b) WARRANTY THAT THE TECHNOLOGY OR SERVICES WILL LICENSOR OPERATE WITHOUT INTERRUPTION; (c) WARRANTY THAT ALL ERRORS WILL BE CORRECTED OR ITS SUPPLIERS THAT THE TECHNOLOGY OR RESELLERS SERVICES WILL COMPLY WITH ANY LAW, RULE, OR REGULATION; (d) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON- INFRINGEMENT; (e) IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (f) WARRANTY THAT THE TECHNOLOGY OR SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. TREETOP WILL NOT BE LIABLE FOR ANY INDIRECTINDIRECT DAMAGES OR LOSSES (IN CONTRACT, SPECIALSTATUTE, INCIDENTAL TORT, OR CONSEQUENTIAL OTHERWISE), INCLUDING DAMAGES ARISING OUT FOR LOST PROFITS, LOST SAVINGS, COST OF THE REPLACEMENT SERVICES, LOST DATA, LOSS OF USE OF INFORMATION OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONSERVICES, OR ANY AND ALL OTHER COMMERCIAL DAMAGES INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR LOSSESSPECIAL DAMAGES, EVEN IF WHETHER OR NOT TREETOP HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. HOWEVER, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION ONLY APPLIES WHERE ALLOWED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TREETOP’S TOTAL AGGREGATE LIABILITY FOR ALL MATTERS ARISING FROM OR RELATED TO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ AGREEMENT IS NOT RESPONSIBLE FOR ANY LIMITED TO THE TOTAL OF THE FEES ACTUALLY PAID BY CUSTOMER UNDER THIS AGREEMENT DURING THE ONE (1) YEAR PERIOD PRIOR TO THE DATE THAT SUCH LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONFIRST ARISES.

Appears in 1 contract

Samples: Master Services Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING ELSE CONTAINED HEREIN OR IN ANY OTHER DOCUMENT OR COMMUNICATION: (A) XXXX SHALL IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO BUYER OR ANY OTHER PERSON OR ENTITY, WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, FOR ANY CIRCUMSTANTIAL, CONSEQUENTIAL, CONTINGENT, EXEMPLARY, INCIDENTAL, INDIRECT, LIQUIDATED, MATERIAL, PUNITIVE, SPECIAL, INCIDENTAL SPECULATIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREOTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS LOST PROFITS, SALES OR REVENUES, COST OF GOODWILLREPLACEMENT GOODS, WORK STOPPAGECOST TO REDIRECT OR EXPEDITE LATE DELIVERIES, COMPUTER FAILURE LOST BUSINESS OR MALFUNCTIONBUSINESS INTERRUPTIONS (INCLUDING COSTS OF DOWNTIME, TESTING, AND INSTALLATION OR REMOVAL OF GOODS), OR ATTORNEYS FEES OR COURT COSTS ARISING IN ANY AND ALL OTHER COMMERCIAL DAMAGES MANNER PURSUANT TO OR LOSSESIN CONNECTION WITH THE AGREEMENT, THE GOODS OR THE SERVICES (EVEN IF ADVISED XXXX IS MADE AWARE OF THE POSSIBILITY THEREOFPOTENTIAL FOR SUCH DAMAGES); AND (B) XXXX’X TOTAL LIABILITY RELATED TO ANY GOODS OR SERVICES SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF SUCH GOODS RECEIVED BY XXXX OR AMOUNT RECEIVED BY XXXX FOR SUCH SERVICES. XXXXX AND XXXX AGREE THAT WITHOUT THIS LIMITATION OF LIABILITY, XXXX WOULD NOT HAVE AGREED TO THE PRICE OR THE TERMS AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION CONDITIONS OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONAGREEMENT.

Appears in 1 contract

Samples: www.te.com

Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MAXIMUM EXTENT PERMITTED SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY APPLICABLE LAWSTRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT WILL LICENSOR SHALL WE OR ITS SUPPLIERS OUR AFFILIATES OR RESELLERS SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, CONSEQUENTIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREEXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INCLUDING LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE GOODWILL OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS ) ARISING IN ANY WAY OUT OF THE LEGAL INSTALLATION, USE, OR EQUITABLE THEORY (MAINTENANCE OF THE SERVICES OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICES ARE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UPON WHICH ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE CLAIM IS BASED. IN AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER THIRD PARTY FOR ANY PROVISION OF AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL NOT EXCEED BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO SCCU FOR SUCH SERVICES. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE AGGREGATE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SUM SERVICES OR THE PORTION OF THE FEES LICENSEE PAID FOR THIS LICENSE SITE THROUGH WHICH THE SERVICES ARE OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED WITHIN ONE (IF ANY1) AND FEES FOR SUPPORT YEAR OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH DATE THAT THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR EVENT GIVING RISE TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESCLAIM OCCURRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESIn no case will the Credit Union be liable: • If, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLEthrough no fault of ours, you do not have adequate funds in your account to complete a transaction, your account is closed, your account is frozen, or the transaction amount would exceed your credit limit on your line of credit, if applicable. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT• If you used the wrong username or password or you have not properly followed any applicable computer, Internet Access, or Credit Union user instructions for making transfer and bill payment transactions. IF YOU ARE A CONSUMER• If your computer fails or malfunctions or the XXXX.xxx Online Banking Services were not properly working and such problem should have been apparent when you attempted such transaction. • If circumstances beyond our control (such as fire, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWSflood, telecommunication outages, postal strikes, equipment or power failure) prevent making the transaction. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION• If the funds in your account are subject to an administrative hold, legal process, legal order or other claim. • If you have not given the Credit Union complete, correct and current instructions so the Credit Union can process a transfer or bill payment. • If the error was caused by a system beyond the Credit Union's control, such as your Internet Service Provider. • If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due. • If the Credit Union makes a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt. • If you fail to properly use the XXXX.xxx Online Banking Services, as described in this Agreement. • If any electronic terminal, telecommunication device, or any part of the XXXX.xxx Online Banking Services is not working properly and you knew about the problem when you started your online banking transaction. • If you, or anyone authorized by you, commits any fraud or violates any law or regulation. • If there are other exceptions as established by the Credit Union from time to time.

Appears in 1 contract

Samples: Online Banking Services Agreement and Disclosures

Limitation of Liability. TO EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWLAW REQUIRES A DIFFERENT STANDARD, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS NEITHER CHASE NOR EXPERIAN SHALL BE LIABLE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANYDIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREINCIDENTAL, INCLUDINGEXEMPLARY, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY INCLUDING LOST PROFITS, ARISING OUT OF CONTENT PROVIDED BY LICENSEE FROM OR A THIRD PARTY THAT IS ACCESSED THROUGH RELATED TO THE PRODUCT SYSTEM, EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENENACE THEREOF, ACCESS TO OR USE OF CREDIT JOURNEY, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY MATERIAL LINKED THROUGH SUCH CONTENTOTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND THE CONTROL OF CHASE. IF EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT UNDERSTAND AND AGREE THAT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS USE OF CREDIT JOURNEY IS AT YOUR DISCRETIONSOLE RISK AND THAT CREDIT JOURNEY AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. No Warranties YOU ACKNOWLEDGE THAT CHASE AND EXPERIAN MAKE NO WARRANTY THAT CREDIT JOURNEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, CHASE AND EXPERIAN DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO CREDIT JOURNEY AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS. Other Agreements In addition to these terms and conditions, you agree to be bound by and comply with such other written requirements as we may furnish to you in connection with either Credit Journey or products which may be offered to you with your Credit Journey service, including, but not limited to, any account agreements that apply to any Chase accounts you may have, and with all applicable state and federal laws and regulations. In the event of a conflict between the terms of these terms and conditions and any applicable Chase account agreements with us, the terms of these terms and conditions will control except as may be otherwise stated herein.

Appears in 1 contract

Samples: static.chasecdn.com

Limitation of Liability. TO THE MAXIMUM FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, IN UNDER NO EVENT WILL LICENSOR CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF WESTERN, ITS AFFILIATES, LICENSORS OR CONTRACTORS, SHALL WESTERN OR ITS SUPPLIERS AFFILIATES, LICENSORS OR RESELLERS CONTRACTORS BE LIABLE FOR ANY INDIRECTDAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARESITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY CONTENT AND/OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESRELATED SOFTWARE, EVEN IF WESTERN OR AN AUTHORIZED WESTERN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, AND REGARDLESS OF IN THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH EVENT THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION TERMS OF THIS AGREEMENT SECTION, OR ANY PART OF THIS SECTION, SHALL NOT EXCEED BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID NO EVENT SHALL WESTERN’ TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL ANY DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS WESTERN AND ITS SPONSORS, BUSINESS AFFILIATES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF AND ALL DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU ARE A CONSUMER, OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THE WEBSITE IN VIOLATION OF THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY TERMS OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONOF ANY PERSON OR ENTITY.

Appears in 1 contract

Samples: Website Terms of Use

Limitation of Liability. IF THE APPLICATION OR ITS RESPECTIVE UPDATES AND FEATURES DO NOT PERFORM OR FUNCTION PROPERLY, OR IN THE EVENT THE COMPANY BREACHES THIS AGREEMENT, THE ENTIRE LIABILITY OF THE COMPANY, AND USER’S EXCLUSIVE REMEDY, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REPLACEMENT OF THE DEFECTIVE APPLICATION OR THEIR RESPECTIVE UPDATES AND FEATURES. IN NO EVENT WILL LICENSOR THE COMPANY OR ITS SUPPLIERS OR RESELLERS LICENSORS BE LIABLE FOR ANY INDIRECTDAMAGES WHATSOEVER (INCLUDING LOSS OF USE, SPECIALDATA OR PROFITS) WHETHER BASED ON CONTRACT, INCIDENTAL TORT OR CONSEQUENTIAL DAMAGES ANY OTHER LEGAL THEORY ARISING OUT OF THE USE OF OR INABILITY RELATED TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESTHIS AGREEMENT, EVEN IF THE COMPANY OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF SUCH DAMAGES. THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE COMPANY’S AGGREGATE LIABILITY UNDER ANY PROVISION OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED WILL BE LIMITED TO THE AMOUNT OF LICENSE FEES PAID, IF ANY, IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT THEN APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESTERM. SOME JURISDICTIONS CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL CERTAIN DAMAGES. IF THESE LAWS APPLY TO USER, SOME OR CONSEQUENTIAL DAMAGESALL OF THE ABOVE DISCLAIMERS, SO THIS EXCLUSION AND LIMITATION EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MIGHT HAVE ADDITIONAL RIGHTS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT USER’S USE OF THE APPLICATION WILL BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE UNINTERRUPTED OR ERROR-FREE, AND USER AGREES THAT FROM TIME TO TIME COMPANY MAY REMOVE THE APPLICATION FOR INDEFINITE PERIODS OF TIME, CANCEL THE APPLICATION AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE USER’S ACCESS TO THE APPLICATION WITHOUT NOTICE TO USER AND WITHOUT ANY LIABILITY AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE USER’S ACCESS TO THE APPLICATION WITHOUT NOTICE TO USER AND WITHOUT ANY LIABILITY THEREWITH. COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR, AND HAS NO RESPONSIBILITY REGARDING, THE MONITORING, REPORTING OR ENFORCEMENT OF ANY INTERACTIONS BETWEEN USERS ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH RELATED TO THE PRODUCT AND/USE OF THE FORUM, COMPANY’S APPLICATION, OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONFEATURE THEREOF.

Appears in 1 contract

Samples: www.ghosttrack.com

Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MAXIMUM EXTENT PERMITTED SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY APPLICABLE LAWSTRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT WILL LICENSOR SHALL WE OR ITS SUPPLIERS OUR AFFILIATES OR RESELLERS SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, CONSEQUENTIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREEXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INCLUDING LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE GOODWILL OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS ) ARISING IN ANY WAY OUT OF THE LEGAL INSTALLATION, USE, OR EQUITABLE THEORY (MAINTENANCE OF THE SERVICES OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICES ARE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UPON WHICH ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE CLAIM IS BASED. IN AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER THIRD PARTY FOR ANY PROVISION OF AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL NOT EXCEED BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO SCCU FOR SUCH SERVICES. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE AGGREGATE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SUM SERVICES OR THE PORTION OF THE FEES LICENSEE PAID FOR THIS LICENSE SITE THROUGH WHICH THE SERVICES ARE OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED WITHIN ONE (IF ANY1) AND FEES FOR SUPPORT YEAR OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH DATE THAT THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR EVENT GIVING RISE TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESCLAIM OCCURRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESIn no case will the Credit Union be liable: If, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLEthrough no fault of ours, you do not have adequate funds in your account to complete a transaction, your account is closed, your account is frozen, or the transaction amount would exceed your credit limit on your line of credit, if applicable. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENTIf you used the wrong username or password or you have not properly followed any applicable computer, Internet Access, or Credit Union user instructions for making transfer and bill payment transactions. IF YOU ARE A CONSUMERIf your computer fails or malfunctions or the XXXX.xxx Online Banking Services were not properly working and such problem should have been apparent when you attempted such transaction. If circumstances beyond our control (such as fire, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWSflood, telecommunication outages, postal strikes, equipment or power failure) prevent making the transaction. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONIf the funds in your account are subject to an administrative hold, legal process, legal order or other claim. If you have not given the Credit Union complete, correct and current instructions so the Credit Union can process a transfer or bill payment. If the error was caused by a system beyond the Credit Union's control, such as your Internet Service Provider. If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due. If the Credit Union makes a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt. If you fail to properly use the XXXX.xxx Online Banking Services, as described in this Agreement. If any electronic terminal, telecommunication device, or any part of the XXXX.xxx Online Banking Services is not working properly and you knew about the problem when you started your online banking transaction. If you, or anyone authorized by you, commits any fraud or violates any law or regulation. If there are other exceptions as established by the Credit Union from time to time.

Appears in 1 contract

Samples: Online Banking Services Agreement and Disclosures

Limitation of Liability. 8.1. ANY USE BY YOU OF THE HACKERPROOF ACCOUNT OR SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE SERVICES MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. IF YOUR USE OF THE HACKERPROOF SERVICES, OR THE MATERIALS CONTAINED THEREON OR LINKED THERETO (INCLUDING THE DOWNLOAD OF ANY CONTENT OR SOFTWARE), RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, NEITHER COMODO NOR ITS AFFILIATES, NOR THEIR LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS ARE RESPONSIBLE FOR THOSE COSTS. COMODO DOES NOT WARRANT THAT THE PROGRAM WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMODO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN NO EVENT WILL LICENSOR EQUITY OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREAT LAW, INCLUDING, WITHOUT LIMITATION, DAMAGES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR LOSS OF GOODWILLA PARTICULAR PURPOSE, WORK STOPPAGE, COMPUTER FAILURE AND NON-INFRINGEMENT. COMODO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET ANY REQUIREMENTS OR MALFUNCTIONNEEDS YOU MAY HAVE, OR THAT THE SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY AND ALL OTHER COMMERCIAL DAMAGES DEFECTS OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED ERRORS IN THE AGGREGATE SERVICES WILL BE CORRECTED, OR THAT THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), SERVICES ARE COMPATIBLE WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IMPLIED WARRANTIES SO THIS EXCLUSION AND LIMITATION THEY MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWSAPPLY TO YOU. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONSHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.

Appears in 1 contract

Samples: Hackerproof Subscriber Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN UNDER NO EVENT WILL LICENSOR CIRCUMSTANCES SHALL ACRONIS OR ITS SUPPLIERS AFFILIATES (INCLUDING SUPPLIERS, RESELLERS, OR RESELLERS PARTNERS) OR THEIR RESPECTIVE EXECUTIVES, EMPLOYEES, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR PERSONAL INJURY, OR ANY INDIRECTINCIDENTAL, SPECIAL, INCIDENTAL DIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREWHATSOEVER, INCLUDING, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILLPROFITS, WORK STOPPAGELOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE ACRONIS SOFTWARE AND SERVICES OR THIS AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDSUCH DAMAGES. IN ANY CASENO EVENT SHALL ACRONIS, LICENSOROR IT'S ENTIRE AFFILIATES, TOTAL LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT TO YOU, FOR ALL DAMAGES EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (AMOUNT, IF ANY) , PAID BY YOU TO ACRONIS FOR THE SOFTWARE AND/OR SERVICES DURING THE TWELVE MONTHS PRIOR TO THE EVENT WHICH GAVE RISE TO THE DAMAGES IN QUESTION. IF THE SOFTWARE AND FEES SERVICES ARE PROVIDED WITHOUT CHARGE, THEN THERE SHALL BE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SUPPORT ANY BREACH. THIS LIMITATION OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR LIABILITY FOR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OR EXCLUSION OF LICENSOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, WILL APPLY ONLY TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS PERMITTED UNDER APPLICABLE CONSUMER LAWSLAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONACCEPT THE SOFTWARE, UPDATES OR UPGRADES.

Appears in 1 contract

Samples: Software License Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, a. Disclaimer of All Damages. IN NO EVENT WILL LICENSOR SHALL PDQ OR ITS SUPPLIERS OR RESELLERS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR CONSEQUENTIAL ANY OTHER DAMAGES ARISING OUT OF THE USE OF WHATSOEVER UNDER OR INABILITY IN CONNECTION WITH THIS XXXX, INCLUDING WITH RESPECT TO USE THE SOFTWARE, INCLUDINGDOCUMENTATION, WITHOUT LIMITATIONIMPROVEMENTS, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR SERVICES AND ANY AND ALL OTHER COMMERCIAL PRODUCTS OR SERVICES PROVIDED BY PDQ UNDER OR IN CONNECTION WITH THIS XXXX, INCLUDING FOR ANY LOSS OF PROFITS, RESOURCES, TIME, DATA, INCOME, OR USE OF THE SOFTWARE, OR FOR ANY DAMAGES TO, CAUSED BY, OR AS A RESULT OF DAMAGE TO, ANY SYSTEM OR DEVICE CONTROLLING, CONTROLLED, OR OTHERWISE AFFECTED BY THE SOFTWARE, OR FOR ANY DAMAGES OR COSTS FOR OBTAINING SUBSTITUTE PRODUCTS OR SERVICES, INCONVENIENCE, OR ANY SIMILAR DAMAGES, LOSSES, COSTS OR HARM. b. Allocation of Risk. THE LIMITATIONS OF LIABILITY PROVIDED ABOVE SHALL APPLY REGARDLESS OF THE FORM OF THE CLAIM OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF PDQ OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOFOF ANY SUCH DAMAGES, LOSSES, COSTS OR HARM, AND REGARDLESS EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. LICENSEE’S SOLE AND EXCLUSIVE REMEDIES ARE EXPRESSLY SET FORTH IN THIS XXXX, AND REPRESENT THE LEGAL AGREED TO ALLOCATION OF RISK BETWEEN THE PARTIES HERETO UNDER OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONXXXX.

Appears in 1 contract

Samples: License Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWYou agree that Judge Food shall not be responsible or liable for any unauthorized access to, alteration or use of your account, transmissions or data, or any material or data sent or received or not sent or received through the Platform. You agree that Judge Food is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights. IN NO EVENT WILL LICENSOR SHALL JUDGE FOOD (OR ITS SUPPLIERS OR RESELLERS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE Platform, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, WORK STOPPAGEOR (D) DAMAGES, COMPUTER FAILURE OR MALFUNCTIONIN THE AGGREGATE, IN EXCESS OF FIFTY EUROS, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESTHE FEES PAID BY YOU FOR ACCESS TO THE Platform DURING THE PREVIOUS 12 MONTH PERIOD, WHICHEVER IS GREATER, EVEN IF JUDGE FOOD HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDSUCH DAMAGES. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL NOT EXCEED IN APPLY NOTWITHSTANDING THE AGGREGATE THE SUM FAILURE OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESANY REMEDY PROVIDED HEREIN. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION THE ABOVE LIMITATIONS AND LIMITATION EXCLUSIONS MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONAPPLY TO YOU.

Appears in 1 contract

Samples: Please Read These Terms of Use

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, SERVICE PROVIDER, AS WELL AS ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS AND OFFICERS SHALL NOT BE LIABLE FOR (I) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF GOODWILL, CORRUPTION OF DATA AND/OR OTHER INFORMATION, AND/OR ANY DAMAGE RELATING TO THE PROCUREMENT BY THE CUSTOMER OR CUSTOMER-CLIENT OR ANY SUBSTITUTE SERVICES. WHETHER THESE DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY AMOUNT BEYOND THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM. SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY SERVICE DOWNTIMES OR DELAYS DUE TO FORCE MAJEURE. FORCE MAJEURE INCLUDES ANY EVENT BEYOND THE REASONABLE CONTROL OF SERVICE PROVIDER INCLUDING, BUT NOT LIMITED TO INSURRECTION OR CIVIL DISORDER, WAR OR MILITARY OPERATIONS, NATIONAL OR LOCAL EMERGENCY, ACTS OR OMISSIONS OF GOVERNMENT OR ANY OTHER COMPETENT AUTHORITY, COMPLIANCE WITH ANY STATUTORY OBLIGATION OR EXECUTIVE ORDER, INDUSTRIAL DISPUTES OF ANY KIND, FIRE, LIGHTNING, EXPLOSION, FLOOD, WEATHER AND ACTS OR OMISSIONS OF PERSONS FOR WHOM NEITHER PARTY IS RESPONSIBLE. SERVICE PROVIDER IS NOT LIABLE FOR ANY ERRORS OR OMISSIONS OR OTHER ACTIONS BY REGISTRY SERVICE PROVIDERS OR REGISTRY OPERATORS RELATED TO DOMAIN NAME REGISTRATIONS, TRANSFERS OR RENEWALS. SERVICE PROVIDER SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ERRORS, MISHANDLINGS, DAMAGES OR OMISSIONS CAUSED BY CUSTOMER, OR ANY PERFORMANCE ISSUES: (I) CAUSED BY FACTORS OUTSIDE SERVICE PROVIDER’S REASONABLE CONTROL, OR (II) THAT RESULTED FROM CUSTOMER'S OR THIRD-PARTY EQUIPMENT OUTSIDE THE REASONABLE CONTROL OF SERVICE PROVIDER’S. NOR SHALL SERVICE PROVIDER BE LIABLE FOR ANY CUSTOMER-CLIENTS NOT SOLICITED BY SERVICE PROVIDER WHO ELECTS TO BECOME A DIRECT CUSTOMER OF SERVICE PROVIDER. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF DAMAGES OR CLAIMS SET FORTH IN THIS SECTION, THE LIABILITY, DAMAGES AND CLAIMS ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNDER THE LAW, . NOTHING IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN EXCLUDE OR RESTRICT THE AGGREGATE THE SUM LIABILITY OF THE FEES LICENSEE PAID EITHER PARTY FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT FRAUDULENT MISREPRESENTATION ARISING AS A RESULT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE GROSS NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESTHAT PARTY, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT ITS OFFICERS, EMPLOYEES, AGENTS AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONSUB-CONTRACTORS.

Appears in 1 contract

Samples: Master Service Agreement Wholesale Services

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, XXXX, ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS AND CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). XXXX WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, OR ANY ACTS, OMISSIONS, DEFECTS, SECURITY BREACHES, OR DELAYS, REGARDLESS OF THE BASIS OF THE CLAIM OR IF XXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. XXXX IS NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, OR FOR PERFORMANCE (OR NON-PERFORMANCE) OUTSIDE OR INTERCONNECTION POINTS BETWEEN THE WEBSITES, AND OTHER NETWORKS AND/OR WEBSITES THAT ARE OPERATED BY APPLICABLE LAWTHIRD PARTIES. YOU AGREE AND ACKNOWLEDGE THAT AT TIMES YOUR ABILITY TO ACCESS THE WEBSITES MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH XXXX WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ANY ACTION WE CONSIDER APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, XXXX CANNOT GUARANTEE THAT THEY WILL NOT OCCUR, AND ACCORDINGLY XXXX DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. EXCEPT FOR XXXX'S BREACH OF ITS OBLIGATIONS REGARDING CONFIDENTIAL INFORMATION HEREUNDER, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSORSHALL VERA'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/RELATED TO THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR UNDER ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMEROTHER THEORY OF LIABILITY, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONEXCEED $100.

Appears in 1 contract

Samples: Vera Disclaims

Limitation of Liability. TO WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THIS AGREEMENT, WEDDING BOOKFURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL WEDDING BOOK, IN NO EVENT WILL LICENSOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS OR RESELLERS AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL DIRECT OR CONSEQUENTIAL INDIRECT LOSS OR DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, WORK STOPPAGEUSE, COMPUTER FAILURE DATA OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, INTANGIBLE LOSSES (EVEN IF FORESEEABLE OR EVEN IF WEDDING BOOK HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES), AND REGARDLESS THAT ARE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO: THIS AGREEMENT; THE SITE, ITS SERVICES, CONTENT OR ANY RELATED SERVICE; THE USE OF, INABILITY TO USE, OR PERFORMANCE OF ANY THIRD PARTY PRODUCTS OR SERVICES; THE LEGALITY, ACCURACY, RELIABILITY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, COUPONS, SERVICES OR PRODUCTS PROVIDED BY ANY PARTY THROUGH THE SITE; ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE LEGAL SITE OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDSERVICE. IN ADDITION, WEDDING BOOK'S LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER CLAIM RELATED TO ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE FOREGOING SHALL BE CAPPED AT THE AMOUNT WHICH YOU HAVE ACTUALLY PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), TO WEDDING BOOKIN CONJUNCTION WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN VOUCHER UNDER WHICH SUCH CASESCLAIM FIRST AROSE. SOME JURISDICTIONS DO IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION IN SUCH JURISDICTION, WEDDING BOOK'S LIABILITY, AND LIMITATION MAY NOT THE LIABILITY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL BE APPLICABLELIMITED TO THE EXTENT PERMITTED BY LAW. ‘WEB WIZ’ IS WEDDING BOOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY MATERIAL LINKED THROUGH SUCH CONTENTOTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE A CONSUMERDISSATISFIED WITH THE SITE AND ITS SERVICES, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWSSOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND ITS SERVICES. YOU MAY ASSERT SUCH RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF WEDDING BOOK'S, OR ITS OFFICERS', DIRECTORS', EMPLOYEES', OR AGENTS', ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION, AND YOU WILL HAVE NO RIGHTS AT YOUR DISCRETIONTO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE AND ITS SERVICES.

Appears in 1 contract

Samples: www.weddingbook.ph

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS THE RADLOOP ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES (INCLUDING DAMAGES FOR INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, GOODWILL, REPUTATION, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF, YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS, PRODUCTS, OR CONTENT AVAILABLE ON OR THROUGH THE SERVICES, OR DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY RADLOOP ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. THE AGGREGATE LIABILITY OF THE RADLOOP ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SOFTWARESERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONPRODUCTS SOLD THROUGH THE SERVICES, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESOTHERWISE UNDER THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE) UPON WHICH , IS LIMITED TO THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY TOTAL AMOUNTS PAID TO RADLOOP UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE SIX-MONTH PERIOD PRECEDING THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR EVENT GIVING RISE TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESCLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SO THIS EXCLUSION AND THE ABOVE LIMITATION MAY NOT BE APPLICABLEAPPLY TO YOU. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY ARISING OUT THAT CANNOT BE LIMITED OR EXCLUDED BY LAW. EACH PROVISION OF CONTENT PROVIDED BY LICENSEE THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR A THIRD PARTY THAT EXCLUSION OF DAMAGES IS ACCESSED THROUGH INTENDED TO AND DOES ALLOCATE THE PRODUCT AND/OR RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 26 WILL APPLY EVEN IF ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONLIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Appears in 1 contract

Samples: Terms of Use

Limitation of Liability. I HEREBY WAIVE, AND RELEASE AND DISCHARGE THE PROVIDER FROM, ANY AND ALL CLAIMS AND LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES TO BE PROVIDED HEREUNDER, AND AGREE THAT I SHALL MAKE NO CLAIM AGAINST THE PROVIDER FOR ANY DAMAGE, LOSS OR LIABILITY OF ANY KIND, WHETHER DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ITS TERMINATION, MY WEBSITE, MY USE OF THE SERVICES, MY OTHER ACTIVITIES IN CONNECTION HEREWITH, OR ANY OTHER MATTER. I UNDERSTAND AND ACCEPT THAT THE PROVIDER SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR LOSSES RESULTING FROM SYSTEM FAILURE OR SERVICE INTERRUPTION. I UNDERSTAND THAT SERVICE MAYBE INTERRUPTED AND THAT SUCH INTERRUPTION MAY RESULT IN DROPPED TELEPHONE CALLS, INABILITY TO COMPLETE TELEPHONE CALLS, INABILITY TO ACCESS SERVICES DURING TIMES OF PEAK USAGE, OR MAINTENANCE/IMPROVEMENT OPERATIONS, INFERIOR SOUND QUALITY, AND OTHER PROBLEMS THAT MAY ARISE FROM TIME TO TIME. THE PROVIDER WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO PREVENT SUCH INTERRUPTION AND/OR REPAIR MALFUNCTIONS RESULTING FROM SYSTEM FAILURE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWTHAT THE SAME IS WITHIN THE PROVIDER’S REASONABLE CONTROL. NOTWITHSTANDING THE FOREGOING, I AGREE THAT IN NO EVENT SHALL THE PROVIDER, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND. I UNDERSTAND THAT THE PROVIDER DOES NOT AND CANNOT CONTROL THE FLOW OF VOICE TRANSMISSION, OR DATA, OR INFORMATION TO OR FROM ITS NETWORK AND OTHER PORTIONS OF THE INTERNET OR PUBLIC SWITCHED TELEPHONE NETWORKS; THAT SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES; AND AT TIMES, ACTIONS, OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT MY SERVICE. THE PROVIDER CANNOT GUARANTEE THAT SUCH EVENTS WILL LICENSOR NOT OCCUR. ACCORDINGLY, THE PROVIDER DISCLAIMS, AND I RELEASE THE PROVIDER FROM, ANY AND ALL LIABILITY RESULTING FROM OR ITS SUPPLIERS OR RESELLERS RELATED TO SUCH EVENTS. I ALSO UNDERSTAND THAT IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIALINCIDENTAL, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES DAMAGES, INCLUDING, BUT NOT LIMITED TO, MONETARY LOSS, ARISING OUT OF THE VIOLATIONS OF THIS AGREEMENT OR MY USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR SERVICES AT ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONTIME.

Appears in 1 contract

Samples: Universal Service Agreement

Limitation of Liability. YOU AGREE NOT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWHOLD YouMeCare, IN NO EVENT WILL LICENSOR ITS AFFILIATES, OR ITS SUPPLIERS ANY OF THEIR RESPECTIVE AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, ATTORNEYS, OFFICERS, DIRECTORS, PARTNERS, OR RESELLERS BE INVESTORS (COLLECTIVELY, “YouMeCare PARTIES”) LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE EXEMPLARY, RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, SERVICES, OR SOFTWARE, INCLUDINGINCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONACT, OR OMISSION OF ANY AND ALL OTHER COMMERCIAL DAMAGES CAREGIVER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT OR LOSSESSIMILAR ABUSE (WHETHER VERBAL, EVEN IF ADVISED PHYSICAL, OR OTHERWISE), VEHICULAR ACCIDENTS, ACTS OR THREATS OF THE POSSIBILITY THEREOFPHYSICAL VIOLENCE, AND REGARDLESS DESTRUCTION OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANYPROPERTY), ANY DISPUTE WITH ANY CAREGIVER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY ANY CAREGIVER, AND ANY COLLECTION, STORAGE, USE OR DESTRUCTION OF YOUR INFORMATION OR THE EXCEPTION OF DEATH INFORMATION CONCERNING ANY CLIENT, AS PROVIDED BY YOU ON THE SITE OR PERSONAL INJURY CAUSED BY THROUGH THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESSOFTWARE. SOME JURISDICTIONS STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION THE ABOVE LIMITATIONS MAY NOT BE APPLICABLEAPPLY TO YOU. ‘WEB WIZ’ IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS LEGALLY DETERMINED THAT ANY YouMeCare PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO YouMeCare, OR TO ANY CAREGIVER, IN CONNECTION WITH THE USE OF THE SITE, SERVICES, OR SOFTWARE, OR IN CONNECTION WITH ANY CAREGIVER SERVICES, IN ANY 12-MONTH PERIOD BEFORE THE FILING OF THE CLAIM GIVING RISE TO SUCH DAMAGES. USE OF YouMeCare’S SITE, SERVICES, AND SOFTWARE, AND YOUR SELECTION OF AND ENTERING INTO A CAREGIVER RELATIONSHIP WITH ANY CAREGIVER, IS ENTIRELY AT YOUR OWN RISK. THE SITE, SERVICES AND SOFTWARE, AND ALL CAREGIVER SERVICES, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT RESPONSIBLE LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH PARTICULAR PURPOSE, AND NON-INFRINGEMENT. V11152023 WITHOUT LIMITING THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMERFOREGOING, THESE CONDITIONS THE YouMeCare PARTIES DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.WARRANT: (1) THE UNINTERRUPTED AVAILABILITY OR RELIABILITY OF THE SERVICE OR SOFTWARE;

Appears in 1 contract

Samples: Client Terms and Conditions

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED EXCEPT AS OTHERWISE EXPRESSLY REQUIRED BY THIS AGREEMENT OR APPLICABLE LAW, IN NO EVENT WE WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS NOT BE LIABLE TO YOU FOR PERFORMING OR FAILING TO PERFORM ANY INDIRECTOBLIGATION UNDER THIS AGREEMENT (INCLUDING, SPECIALWITHOUT LIMITATION, INCIDENTAL ANY SERVICE ADDENDUM). WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR DELAYS OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREMISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS ACTS OF GOODWILLGOVERNMENTAL AUTHORITIES, WORK STOPPAGENATIONAL EMERGENCIES, COMPUTER INSURRECTION, WAR, RIOTS, FAILURE OF OR MALFUNCTIONDELAY OF ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, ANY FEDERAL RESERVE BANK, ACH OPERATOR OR TRANSMISSION OR COMMUNICATIONS FACILITY, ANY RECEIVER OR RDFI (INCLUDING, WITHOUT LIMITATION, THE RETURN OF AN ENTRY BY SUCH RECEIVER OR RDFI), ANY PARTICIPATING DFI, ANY BENEFICIARY OR BENEFICIARY’S BANK, ANY INTERMEDIARY BANK, INTERNET ACCESS SERVICE PROVIDER, OR ANY AND ALL OTHER COMMERCIAL DAMAGES SERVICE PROVIDER (THE “THIRD PARTIES”) TO PERFORM OR LOSSESTO PROVIDE ANY SERVICES, EVEN IF ADVISED FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. NOT IN LIMITATION OF THE POSSIBILITY THEREOFFOREGOING, AND REGARDLESS WE WILL NOT BE LIABLE TO YOU FOR ANY DELAY, FAILURE, OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER THE LESSER OF: YOUR ACTUAL DAMAGES; OR THE TOTAL AMOUNT OF ALL SERVICE FEES ACTUALLY PAID BY YOU TO BANK IN THE LEGAL SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH BANK’S LIABILITY IS FINALLY DETERMINED. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR EQUITABLE THEORY SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE), LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM EVEN IF YOU HAVE ADVISED US OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT POSSIBILITY OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.

Appears in 1 contract

Samples: Master Services Agreement

Limitation of Liability. TO THE MAXIMUM FULLEST EXTENT PERMITTED PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS SHALL ANY RTJ PARTY BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, CONSEQUENTIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF THE USE REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR INABILITY TO USE THE SOFTWAREANTICIPATED SAVINGS, INCLUDINGLOSS OF USE, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONLOSS OF DATA, OR ANY OTHER INTANGIBLE LOSSES, AND ALL OTHER COMMERCIAL DAMAGES WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR LOSSESOTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THE RTJ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMERCALIFORNIA RESIDENT, THESE CONDITIONS YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” SOME STATES DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWSALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONOR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE RTJ PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Appears in 1 contract

Samples: Terms of Use

Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MAXIMUM EXTENT PERMITTED SERVICE MAY BE DELAYED, INTERRUPTED, OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION, OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY APPLICABLE LAWSTRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION, OR OTHER REASONS. IN NO EVENT WILL LICENSOR SHALL WE OR ITS SUPPLIERS OUR AFFILIATES OR RESELLERS SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION, OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREEXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INCLUDING LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE GOODWILL OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS ) ARISING IN ANY WAY OUT OF THE LEGAL INSTALLATION, USE, OR EQUITABLE THEORY MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) UPON WHICH ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY AND THE CLAIM IS BASED. IN AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS, AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER THIRD PARTY FOR ANY PROVISION OF AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM BE LIMITED TO DIRECT OUT-OF-POCKET DAMAGES UP TO A MAXIMUM OF THE FEES LICENSEE PAID FOR THIS LICENSE $500 (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANYFIVE HUNDRED DOLLARS), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.

Appears in 1 contract

Samples: Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR SHALL PRIVAX OR ITS SUPPLIERS GROUP COMPANIES, AGENTS, LICENSORS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, RESELLERS, WIRELESS CARRIERS OVER WHOSE NETWORK THE SOLUTION IS PROVIDED OR RESELLERS OTHER BUSINESS PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY, OR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) INCURRED FOR LOSS OF BUSINESS, PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY DEVICE OR SOLUTION INCLUDING THE SOLUTION, COSTS OF PROCURING SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT OR THE SOLUTION PROVIDED HEREUNDER, EVEN IF PRIVAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRIVAX WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONUNAUTHORIZED ACCESS TO, OR ANY AND ALL OTHER COMMERCIAL DAMAGES CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION, INADVERTENT DISCLOSURE OR LOSSESLOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY THEREOFINFORMATION OR CONTENT TRANSMITTED, AND RECEIVED OR STORED BY OR IN CONNECTION WITH A SOLUTION REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDCAUSE. IN NO EVENT SHALL PRIVAX’S LIABILITY RELATED TO ANY CASESOLUTION EXCEED THE LESSER OF (I) THE FEES YOU ACTUALLY PAID OR ARE REQUIRED TO PAY FOR THE SOLUTION, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN AND (II) THE AGGREGATE PRIVAX SUGGESTED RETAIL PRICE FOR THE SUM SOLUTION AS OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT DATE YOU RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY)IT OR, WITH RESPECT TO A FREE SOLUTION OR BETA SOLUTION, US$5.00. THE EXCEPTION FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE ESSENTIAL PURPOSE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONLIMITED REMEDY.

Appears in 1 contract

Samples: End User Agreement

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE YOU ARE FULLY RESPONSIBLE FOR ANY INDIRECTTRANSACTION MADE BY USE OF AN ATM CARD, SPECIALMasterCard® CHECK CARD (EXCEPT AS STATED ABOVE), INCIDENTAL Essex Online Banking, PIN, OR CONSEQUENTIAL DAMAGES ARISING OUT PASSWORD WHETHER OR NOT OBTAINED OR RETAINED BY A PERSON NOT AUTHORIZED BY YOU TO INITIATE ELECTRONIC FUNDS TRANSFERS. YOU AGREE TO IMMEDIATELY REIMBURSE US FOR ANY LOSS, CLAIM OR DAMAGE WE MAY SUSTAIN AS A RESULT OF THE USE OF OR INABILITY TO USE THE SOFTWAREANY CARD, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTIONPIN, OR PASSWORD. WE SHALL HAVE NO LIABILITY FOR ANY AND ALL OTHER COMMERCIAL DAMAGES LOSS, CLAIM, OR LOSSESDAMAGE YOU MAY SUSTAIN AS A RESULT OF THE USE OF ANY CARD, PIN, OR PASSWORD. WE WILL NOT BE LIABLE EVEN IF ADVISED THE UNAUTHORIZED USE OCCURS AFTER YOU HAVE ASKED US TO DEACTIVATE THE CARD, PIN OR PASSWORD, WHETHER WE HAVE ACTED ON THE REQUEST OR NOT. WITHOUT LIMITING THE ABOVE, WE WILL NOT BE LIABLE: • FOR DELAYS OR MISTAKES THAT OCCUR BECAUSE OF REASONS THAT ARE BEYOND OUR CONTROL (E.G., FIRE, FLOOD, OR WAR), DESPITE REASONABLE PRECAUTIONS THAT WE HAVE TAKEN. • IF ANY ATM OR ATM SYSTEM NETWORK OR OTHER ELECTRONIC COMMUNICATION SYSTEM WAS NOT WORKING PROPERLY, OR IF THERE IS A POWER FAILURE. • IF, THROUGH NO FAULT OF OURS, YOU DO NOT HAVE SUFFICIENT FUNDS IN YOUR ACCOUNT TO MAKE THE POSSIBILITY THEREOFTRANSFER, THE TRANSFER WOULD EXCEED THE CREDIT LIMIT ON YOUR OVERDRAFT PROTECTION, IF APPLICABLE, OR YOUR ACCOUNT HAS BEEN CLOSED. • IF THE FUNDS ARE SUBJECT TO LEGAL PROCESS RESTRICTING THE TRANSFER. • IF WE ARE OTHERWISE EXEMPTED FROM LIABILITY UNDER APPLICABLE LAWS AND REGULATIONS. IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER NON- DIRECT DAMAGES, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM AND EVEN IF WE HAVE BEEN ADVISED OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT POSSIBILITY OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY)SUCH DAMAGES. MasterCard® Zero Liability Protection. If your Card was issued under the MasterCard® small business card program, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESyou may have no liability for certain unauthorized transactions, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONprovided you and your use of the Card meet the requirements of the zero liability program.

Appears in 1 contract

Samples: Deposit Account Contract

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS COMPANY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECTGENERAL, DIRECT, SPECIAL, INCIDENTAL INCIDENTAL, LOST PROFITS, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF IN CONNECTION WITH THE USE OF PRODUCTS OR INABILITY TO USE THE SOFTWARESERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILLPROFIT OR REVENUES, WORK STOPPAGELOSS OF USE, COMPUTER FAILURE LOSS OF DATA, INCORRECT OR MALFUNCTIONCORRUPTED DATA, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, USE OR INTERPRETATION OF THE CONSUMER DISCLOSURE FORMS, FACILITIES, SERVICES OR REPLACEMENT POWER, DOWNTIME COST, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESCLAIMS OF YOU FOR SUCH DAMAGES, EVEN IF ADVISED COMPANY KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING OR ANY OTHER LIMITATION OF LIABILITY HEREIN, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE) UPON , YOUR EXCLUSIVE REMEDY AND THE TOTAL LIABILITY OF COMPANY OR ANY SUPPLIER OF SERVICES TO COMPANY FOR ANY CLAIMS ARISING IN ANY WAY IN CONNECTION WITH OR RELATED TO THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF THE SERVICES, SHALL NOT EXCEED THE PRICE PAID TO COMPANY ALLOCABLE TO THE SPECIFIC PRODUCTS OR SERVICES ON WHICH THE SUCH CLAIM IS BASED. IN COMPANY SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY CASECLAIMS OF PATENT, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHT INFRINGEMENT OR MISAPPROPRIATION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY)TRADE SECRETS, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR MADE AGAINST YOU INCIDENT TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION PURCHASE OR USE OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION PRODUCTS OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONSERVICES.

Appears in 1 contract

Samples: Subscription Service Agreement and Terms of Purchase

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER BANKPROV NOR METAPRISE, NOR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS ARE LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY YOUR NEGLIGENCE, ACTS OR OMISSIONS OF THIRD PARTIES, INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF THE BANK, PROVIDED THE BANK EXERCISED SUCH DILIGENCE AS THE CIRCUMSTANCES REQUIRE. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE BANK SHALL BE EXCUSED FROM SUCH FAILURE TO ACT OR DELAY AS LONG AS SUCH CIRCUMSTANCES PREVAIL, AND THE BANK CONTINUES TO USE ITS COMMERCIALLY REASONABLE EFFORTS TO RECOMMENCE PERFORMANCE. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL SPECIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED YOU ADVISE US OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. To the fullest extent permitted by law, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACTwe are not liable for the Metaprise Platform, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASEDthe services or products of Metaprise offered under the Metaprise Terms of Services of Metaprise offered under the Platform Terms, and we disclaim all warranties, either express or implied or statutory, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose and lack of viruses related to the Metaprise Platform. IN ANY CASEAny delays, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONloss or inquiries regarding the foregoing must be directed to Metaprise at xxxxxxxx@xxxxxxxxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Bankprov Metaprise

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWYOU UNDERSTAND AND AGREE THAT WE, IN NO EVENT OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES ARISING OUT WHICH YOU MAY INCUR IN CONNECTION WITH THE SITE, THE APP OR THE SMART CONTRACTS, HOWSOEVER CAUSED AND UNDER ANY THEORY OF THE USE OF OR INABILITY TO USE THE SOFTWARELIABILITY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF GOODWILLPROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), WORK STOPPAGELOSS OF GOODWILL OR BUSINESS REPUTATION, COMPUTER FAILURE LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR MALFUNCTIONSERVICES, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSESINTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND REGARDLESS ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE LEGAL OR EQUITABLE THEORY (SITE, THE APP AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT TORT, STRICT LIABILITY, OR OTHERWISEANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) UPON WHICH THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS OF USE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM IS BASEDAROSE, OR (B) ONE HUNDRED (100) US DOLLAR. YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SITE, THE APP AND THE SMART CONTRACTS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN ANY CASERELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF THIS AGREEMENT SHALL NOT EXCEED IN RISK BETWEEN THE AGGREGATE THE SUM PARTIES AND FORM AN ESSENTIAL BASIS OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SITE, THE APP AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR SMART CONTRACTS TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASESYOU WITHOUT THESE LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR CERTAIN CLAIMS SUCH AS PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THIS EXCLUSION AND LIMITATION THE ABOVE LIMITATIONS MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH APPLY TO SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONCLAIMS.

Appears in 1 contract

Samples: Terms of Use

Limitation of Liability. YOU UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, IN NO EVENT WILL LICENSOR EVEXIA OR ITS SUPPLIERS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR RESELLERS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREEXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATIONINCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, WORK STOPPAGEUSE, COMPUTER FAILURE DATA OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOFOF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMERDISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWSSOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE SERVICES. THE AGGREGATE LIABILITY OF EVEXIA TO YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONFOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES OR (II) ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that Evexia may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Xxxxxx’s liability will be the minimum permitted under such applicable law.

Appears in 1 contract

Samples: Evexia Diagnostics Clinician Agreement

Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL Sentinel BE LIABLE TO YOU OR ANY OTHER PERSON FOR DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, COSTS, EXPENSES OR LOSSES OR LOST PROFITS IN CONNECTION WITH THE MAXIMUM EXTENT PERMITTED APP OR OTHERWISE RELATED TO THIS AGREEMENT. THE PROVISIONS OF THIS SECTION WILL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. Sentinel WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT BECAUSE OF CIRCUMSTANCES BEYOND ITS CONTROL, WHICH CIRCUMSTANCES INCLUDE NATURAL DISASTER, TERRORISM, THIRD PARTY LABOR DISPUTES, WAR, DECLARATIONS OF GOVERNMENTS, TRANSPORTATION DELAYS, FAILURE OF HARDWARE, EQUIPMENT, OR TELECOMMUNICATIONS FAILURE. Sentinel WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT BECAUSE OF YOUR MISUSE OF THE APP BY APPLICABLE LAWYOU OR ANY OTHER PERSON. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IN THE EVENT THAT ANY EXCLUSIVE REMEDY PROVIDED HAS FAILED OF ITS ESSENTIAL PURPOSE. FURTHER, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS Sentinel BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECTCLAIMS, SPECIALLOSSES, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OR MISUSE OF ANY THIRD PARTY TECHNOLOGY. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. IN NO EVENT SHALL THE LIABILITY OF Sentinel FOR ANY LOSS RELATED TO USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT APP EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘WEB WIZ’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘WEB WIZ’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETIONUSD $5.00.

Appears in 1 contract

Samples: alertive.com

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