Common use of Limited Warranty and Indemnification Clause in Contracts

Limited Warranty and Indemnification. We promise to operate within these levels of quality concerning Data with indemnity ATPCO WILL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT DATA SUPPLIED BY PARTICIPANT OR A THIRD PARTY OR SOURCED DIRECTLY BY ATPCO IS PROMPTLY AND ACCURATELY INCORPORATED INTO ATPCO’S DATA BASE AND MADE AVAILABLE FOR DISTRIBUTION IN ACCORDANCE WITH THE APPROPRIATE INDUSTRY, BILATERAL, OR MULTILATERAL AGREEMENT AND PARTICIPANT’S WRITTEN INSTRUCTIONS; HOWEVER, ATPCO CANNOT AND DOES NOT WARRANT THE TIMELINESS, ACCURACY, OR COMPLETENESS OF THE DATA OR ITS SUBSEQUENT DISTRIBUTION, NOR CAN IT ASSUME ANY LIABILITY FOR DAMAGES, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM ANY DELAY IN, OR ERROR, OR OMISSION MADE IN THE COURSE OF THE INCORPORATION OR DISTRIBUTION OF THE DATA OR MADE IN THE COURSE OF PROCESSING TRANSACTIONS. PARTICIPANT SHALL INDEMNIFY AND HOLD ATPCO, ITS OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES, INCLUDING ATTORNEYS, HARMLESS FROM ALL CLAIMS OR SUITS, BY WHOMSOEVER BROUGHT (INCLUDING WITHOUT LIMITATION, ALL FEES ASSOCIATED WITH THE DEFENSE OF ANY SUCH CLAIM OR SUIT INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND EXPENSES AND EXPERT WITNESS FEES AND EXPENSES) ARISING FROM THE USE OF THE DATA OR TRANSACTIONS BY PARTICIPANT, BY ANY OF PARTICIPANT’S VENDORS OR BY ANY THIRD-PARTY RECEIVING THE DATA. This is our promise and indemnity for our Software Applications ATPCO will use commercially reasonable efforts to ensure that the Software Applications will operate error free. Notwithstanding the foregoing, ATPCO cannot and does not assume any liability for consequential damages resulting from Participant’s use of the Software Applications. THE SOFTWARE APPLICATIONS ARE PROVIDED “AS IS,” AND ATPCO MAKES NO (AND HEREBY DISCLAIMS ALL) REPRESENTATIONS WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ALL LIABILITY OF ATPCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO PARTICIPANT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE ATPCO COMMUNITY PARTICIPATION FEE PAID BY PARTICIPANT DURING THE MONTH THE INCIDENT GIVING RISE TO THE CLAIM. This limitation of liability for the Software Applications is cumulative and not per incident. Nothing in these terms and conditions limits or excludes any liability that cannot be limited or excluded under applicable law.

Limited Warranty and Indemnification. We promise to operate within these levels of quality concerning Data with indemnity ATPCO WILL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT DATA SUPPLIED BY PARTICIPANT OR A THIRD PARTY OR SOURCED DIRECTLY BY ATPCO IS PROMPTLY AND ACCURATELY INCORPORATED INTO ATPCO’S DATA BASE AND MADE AVAILABLE FOR DISTRIBUTION IN ACCORDANCE WITH THE APPROPRIATE INDUSTRY, BILATERAL, OR MULTILATERAL AGREEMENT AND PARTICIPANT’S WRITTEN INSTRUCTIONS; HOWEVER, ATPCO CANNOT AND DOES NOT WARRANT THE TIMELINESS, ACCURACY, OR COMPLETENESS OF THE DATA OR ITS SUBSEQUENT DISTRIBUTION, NOR CAN IT ASSUME ANY LIABILITY FOR DAMAGES, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM ANY DELAY IN, OR ERROR, OR OMISSION MADE IN THE COURSE OF THE INCORPORATION OR DISTRIBUTION OF THE DATA OR MADE IN THE COURSE OF PROCESSING TRANSACTIONS. PARTICIPANT SHALL INDEMNIFY AND HOLD ATPCO, ITS OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES, INCLUDING ATTORNEYS, HARMLESS FROM ALL CLAIMS OR SUITS, BY WHOMSOEVER BROUGHT (INCLUDING WITHOUT LIMITATION, ALL FEES ASSOCIATED WITH THE DEFENSE OF ANY SUCH CLAIM OR SUIT INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND EXPENSES AND EXPERT WITNESS FEES AND EXPENSES) ARISING FROM THE USE OF THE DATA OR TRANSACTIONS BY PARTICIPANT, BY ANY OF PARTICIPANT’S VENDORS OR BY ANY THIRD-PARTY RECEIVING THE DATA. This is our promise and indemnity for our Software Applications ATPCO will use commercially reasonable efforts efforts to ensure that the Software Applications will operate error free. Notwithstanding the foregoing, ATPCO cannot and does not assume any liability for consequential damages resulting from Participant’s use of the Software Applications. THE SOFTWARE APPLICATIONS ARE PROVIDED “AS IS,” AND ATPCO MAKES NO (AND HEREBY DISCLAIMS ALL) REPRESENTATIONS WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ALL LIABILITY OF ATPCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO PARTICIPANT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE ATPCO COMMUNITY PARTICIPATION FEE PAID BY PARTICIPANT DURING THE MONTH THE INCIDENT GIVING RISE TO THE CLAIM. This limitation of liability for the Software Applications is cumulative and not per incident. Nothing in these terms and conditions limits or excludes any liability that cannot be limited or excluded under applicable law.