Common use of Performance Limitation Clause in Contracts

Performance Limitation. NCBCM will use reasonable efforts to provide reliable service in accordance with the terms and conditions of this Agreement. However, NCBCM does not warrant that its operation of the GoIPO Portal will be error free, secure, timely or uninterrupted, or that it will meet all of your needs. Except as specifically provided in this Agreement, NCBCM disclaims all warranties as to the GoIPO Portal and/or the Services including without limitation all implied warranties of merchantability and of fitness for a particular purpose, data accuracy and completeness, or warranties implied from a course of dealing or usage of trade. NCB shall not be liable for the operational failure of the GoIPO Portal, or for any injury, loss or damage howsoever arising (whether from criminal activity or otherwise) that may be suffered by you. NCB shall not be liable for any unauthorized use of your NCB Online Credentials or for any loss resulting from circumstances over which NCB has no direct control including but not limited to your failure to input complete and accurate information, failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problem, operator error or log in sequences. In no event will NCB be liable for damages in excess of your actual loss due to your failure to complete a transaction and NCB will not be liable for any indirect, incidental or consequential damages. NCB shall not be liable for the unavailability at any time of the GoIPO Portal, whatever shall be the cause of such unavailability.

Performance Limitation. NCBCM will use reasonable efforts to provide reliable service in accordance with the terms and conditions of this Agreement. However, NCBCM does not warrant that its operation of the GoIPO Portal will be error free, secure, timely or uninterrupted, or that it will meet all of your needs. Except as specifically provided in this Agreement, NCBCM disclaims all warranties as to the GoIPO Portal and/or the Services including without limitation all implied warranties of merchantability and of fitness for a particular purpose, data accuracy and completeness, or warranties implied from a course of dealing or usage of trade. NCB shall not be liable for the operational failure of the GoIPO Portal, or for any injury, loss or damage howsoever arising (whether from criminal activity or otherwise) that may be suffered by you. NCB shall not be liable for any unauthorized use of your NCB Online Credentials or for any loss resulting from circumstances over which NCB has no direct control including but not limited to your failure to input complete and accurate information, failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problem, operator error or log in sequences. In no event will NCB be liable for damages in excess of your actual loss due to your failure to complete a transaction and NCB will not be liable for any indirect, incidental or consequential damages. NCB shall not be liable for the unavailability at any time of the GoIPO Portal, whatever shall be the cause of such unavailability.. 8