Our Liability. To the fullest extent permitted by applicable law, (1) You agree that We and HomeServe, and both of our respective parents, successors, affiliates, approved technicians and our and their officers, directors, employees, affiliates, agents, contractors or similar parties acting on behalf of either Us or HomeServe shall not be liable to You or anyone else for: (a) any actual losses or direct damages that exceed the lowest applicable per repair benefit limit set out above relating to any repairs performed by Us, HomeServe or on behalf of either Us or HomeServe or services provided hereunder giving rise to such loss or damage; or (b) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, damages based on anticipated or lost profits, wages, or revenue, or damages based on diminution in value or a multiple of earnings, including those caused by any fault, failure, delay or defect in providing any repairs performed by Us, HomeServe or on behalf of either Us or HomeServe or services provided under this Service Agreement, regardless of whether such damages were foreseeable and whether or not We or HomeServe or anyone acting on behalf of either Us or HomeServe have been advised of the possibility of such damages (the damages listed in clauses (a) and (b), collectively the “Excluded Damages”); and (2) these limitations and waivers shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Service Agreement. You may have other rights that vary from state to state. Arbitration: YOU, AMT AND HOMESERVE ALL AGREE TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT as follows:
Our Liability. To the fullest extent permitted by applicable law, (1) You agree that We and HomeServe, and both of our respective parents, successors, affiliates, approved technicians and our and their officers, directors, employees, affiliates, agents, contractors or similar parties acting on behalf of either Us or HomeServe shall not be liable to You or anyone else for: (a) any actual losses or direct damages that exceed any actual losses or direct damages that exceed the lowest applicable per repair benefit limit, or, if there is no maximum benefit limit, any actual losses or direct damages that exceed the cost of repairs provided for in the “What’s Covered?” section of this Service Agreement, relating to any repairs performed by Us, HomeServe or on behalf of either Us or HomeServe or services provided hereunder giving rise to such loss or damage; or (b) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, damages based on anticipated or lost profits, wages, or revenue, or damages based on diminution in value or a multiple of earnings, including those caused by any fault, failure, delay or defect in providing any repairs performed by Us, HomeServe or on behalf of either Us or HomeServe or services provided under this Service Agreement, regardless of whether such damages were foreseeable and whether or not We or HomeServe or anyone acting on behalf of either Us or HomeServe have been advised of the possibility of such damages (the damages listed in clauses (a) and (b), collectively the “Excluded Damages”); and (2) these limitations and waivers shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Service Agreement. You may have other rights that vary from state to state. Arbitration: YOU, NHRW AND HOMESERVE ALL AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION as follows:
Our Liability. The Consumer Guarantees Act 1993 will not apply in respect to any goods and services which we provide if you require the goods or services for the purpose of a business as defined in the Act. The implied warranties of merchantability and fitness for a particular purpose are also excluded. Where services are not required for the purposes of a business as defined in the Consumer Xxxxxxxxxx Xxx 0000 the limitations in this Section are subject to the limitations in that Act. PEOPLE'S REPUBLIC OF CHINA
Examples of Our Liability in a sentence
If Our Liability is reduced under any term or condition of this Policy, Our liability under this extension will also be proportionately reduced.
If Our Liability is reduced under any term or condition of this Policy, Our liability under this extension will also be proportionately reduced.iii.
Our Liability to make any payment under this policy will be conditional on You complying with the terms and Conditions of this insurance.
Our Liability under this Bank Guarantee shall not exceed Rs./- (Rupees only).
Clauses 4 (Security Obligations), 7 (Confidentiality), 8 (Our Liability), 9 (Your Liability) and 10 (Suspension and Termination) of these Terms shall continue to apply even after suspension or termination of the Services by us or by you.
More Definitions of Our Liability
Our Liability. If B9 does not debit or credit your Linked Account, debit card or B9 Account in accordance with these Terms of Service, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
Our Liability. We will not be liable, for instance: If, through no fault of ours, you do not have enough money in your account to make a requested transfer; If the Online Banking equipment or software was not working properly and you knew about the breakdown when you started the transfer; If circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we have taken.
Our Liability. To the extent permitted by law You agree: • That We and all Our, successors, affiliates, approved technicians, and their officers, employees, agents, and contractors shall not be liable to You or anyone else for (a) any actual losses or direct damages or (b) any amount of any form of indirect, special, punitive, incidental, or consequential losses or damages, including those caused by any fault, failure, delay or defect in providing services under this Service Agreement and • These limitations and waivers shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Service Agreement.
Our Liability. We will exercise reasonable care to prevent the admission of any unauthorized person to the Box, loss or damage caused by the failure of the doors or locks of the vault in which the Box is located to operate, wrongful acts of persons having a right-of-access, and to otherwise prevent loss from fire, water, fire suppression system malfunction, radiation, forces of nature, acts of God or any other cause whatsoever. We have no control or possession over the contents of the Box. We are responsible only for ordinary diligence in preventing access of the Box by unauthorized persons and shall not be held liable for the loss or alleged loss of its contents. Access of the Box by any unauthorized person shall not be inferred from loss or destruction of any of its contents. You shall hold us harmless and indemnify us for all costs, payments, damages and expenses incurred by us for any reason as a result of any claim, lawsuit or other action related to: (1) the contents of the Box, (2) the payment of any tax or other fee or penalty imposed by federal or state law, and (3) a renter or agent of a renter's failure to comply with the terms of this Agreement.
Our Liability. Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, First U.S. OR by Internet browser providers OR by Internet access providers OR by online service providers OR by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special or consequential economic or other damages arising out of the installation, download, use or maintenance of the equipment, software, First U.S. Online Banking or Internet browser or access software. In this regard, although we’ve taken measures to provide security for communications from you to us via First U.S. Online Banking and may have referred to such communication as “secured,” we can’t provide any warranty or guarantee of such security. THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF MERCHANTABILITY. User Conduct: You agree not to use the Service or the information delivered through the Service any way that would (a) infringe any third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve gambling, or involve the sale of counterfeit or stolen items; (c) violate any law, statute, ordinance or regulation or any clearinghouse rules or agreements, operating circulars, image exchange agreements, and other documents to which we are a party that govern the Service; (d) be false, misleading or inaccurate; (e) create liability for the Credit Union or its affiliates or cause the Credit Union to lose (in whole or in part) the services of any third party providers; (f) be defamatory, libelous, threatening or harassing (g) may potentially be perceived as obscene or pornographic or contain child pornography or racially, ethnically or otherwise objectionable; (h) interfere with or disrupt computer networks or infect the computer networks with viruses; (i) interfere with or disrupt the use of the Service by any other party; (j) permit unauthorized entry or access into the Credit Union’s computer systems; or (k) resale or commercial use of the Service.
Our Liability. Our duty under this Agreement is limited to the exercise of ordinary diligence in preventing access of Box by unauthorized persons, and we shall not be held liable for the loss or alleged loss of the contents of the Box. Loss or disappearance of, or damage to, the contents of the Box shall not be evidence of unauthorized access nor shall it create a presumption that the Credit Union has not exercised ordinary diligence. We shall not be liable for loss by fire, theft, burglary, robbery, or any other cause unless we fail to exercise reasonable care. Under no circumstances will we be liable for any loss due to flood, forces of nature, or acts of God, or if we close our offices or otherwise restrict access due to an emergency. You shall hold us harmless and indemnify us for: (1) all costs, payments, damages and expenses incurred by us for any reason as a result of any claim, lawsuit or other action related to the contents of the Box, (2) the payment of any tax or other fee or penalty imposed by federal or state law, and (3) a renter or agent of a renter's failure to comply with the terms of this Agreement.
Our Liability. “Discharging Liabilities arising under an Arrangement”, “Data Protection and Confidentiality”, “Third Party Rights”, “Law and Legal Proceedings “and “Advice and Information” will be unaffected by the termination of the Agreement and the ending of the relationship between you and us or the termination of any of the Services and will remain in full force and effect.