Our Liability Sample Clauses

Our Liability. (a) The quality and reliability of your electricity supply and the quality, pressure and continuity of your gas supply is subject to a variety of factors that are beyond our control as your retailer, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system and the acts of other persons (such as your distributor), including at the direction of a relevant authority.
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Our Liability. Unless expressly prohibited or otherwise restricted by applicable law or this Agreement, our liability is limited as follows: We shall not be liable to you or to any third party for performing or failing to perform the Services, except for our gross negligence or willful misconduct in connection with the performance of (or failure to perform) any of the Services. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be ...
Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and Bill Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence. We will not be liable to you in the following instances:
Our Liability. 16.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
Our Liability. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
Our Liability a. The quality and reliability of your electricity supply and the quality, pressure and continuity of your gas supply is subject to a variety of factors that are beyond our control as your retailer, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system and the acts of other persons (such as your distributor), including at the direction of a relevant authority.
Our Liability. If we do not complete a transfer from the Card on time or in the correct amount according to these terms and conditions we will be liable for your losses or damages. However there are some exceptions. We will not be liable, for instance: If through no fault of ours, an ATM or merchant refuses to honor the Card. If through no fault of ours, you do not have enough money available on your Card to make a withdrawal or purchase. If the terminal or system was not working properly and it was known about when the transaction started. If circumstances beyond our control (such as flood or fire) prevent the transfer, despite reasonable precautions that we have taken. Other exceptions stated in these terms and conditions.
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Our Liability. If we do not complete a load or reload to, or transaction from the Card on time or in the correct amount according to the terms of this Agreement, we will be responsible for your losses or damages to the extent required by applicable federal law. However, there are some exceptions. We will not be liable, for instance:
Our Liability. If we fail to provide the Service in accordance with the terms and conditions of this agreement, we shall be responsible for correcting improper Account information. We are not responsible or liable for incomplete, incorrect, failed or late Account information due to any other financial institution system failures, errors or mistakes. Except as otherwise required by law, we shall in no other event be liable for any losses, fees, overdraft charges or damages other than those arising from our breach of a representation or warranty provided herein. You agree that your use of the Service constitutes authorization for us to obtain information related to your Accounts. You understand and agree that we are not liable under any circumstances for any losses or damages, directly or indirectly, if, you suffer a loss based on the accuracy of information provided to you through Coast ePlan. You also understand and agree that we are not responsible to the extent performance is prevented or delayed due to causes beyond such party's reasonable control and without its negligent or willful misconduct, including without limitation acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, governmental acts, orders or regulations, third party nonperformance or failures or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment.
Our Liability. If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account. We are not liable for any costs, fees, losses or indirect, special or consequential damages of any kind incurred as a result of: • Our debit and/or credit or inability to debit and/or credit the accounts in accordance with your funds transfer instructions; or • Inaccuracy, incompleteness or misinformation contained in the information retrieved on the accounts; or • Charges imposed by any non-Pinnacle Bank Financial Institution or by applicable law; or • Funds transfer limitations set by the non-Pinnacle Bank Financial Institutions or applicable law; or • Not enough money in your Account to make the funds transfer; or • Transfers exceeding the credit limit on any applicable overdraft line; or • System failures at a non-Pinnacle Bank Financial Institution and we are unable to complete the transfer; or • Circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; or • Third party caused, including your non–Pinnacle Bank Financial Institution; or • Any further limitations on liability as otherwise stated in the agreement(s) governing your Account(s) with us. There may be additional exceptions to our liability stated in this Agreement. Except as otherwise required by law, we will in no event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of hereunder.
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