Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
Appears in 5 contracts
Samples: Electronic Access and User Agreement, Electronic Access and User Agreement, Electronic Access and User Agreement
Disclaimer of Warranty and Limitation of Liability. PARTICIPANT ACKNOWLEDGES, UNDERSTANDS, AND ACCEPTS THAT THE SYSTEM AND ALL SYSTEM CONTENT ZERO HASH SERVICES ARE PROVIDED ON AN “AS IS” AND “BASIS AT PARTICIPANT’S SOLE RISK. ZERO HASH EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OTHER THAN AS AVAILABLE”EXPRESSLY STATED HEREIN. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESNEITHER ZERO HASH NOR ITS DIRECTORS, CONDITIONSMANAGERS, REPRESENTATIONSOFFICERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, EMPLOYEES OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS AGENTS MAKE ANY WARRANTY WITH RESPECT TO THE SYSTEMZERO HASH SERVICES, THE SYSTEM CONTENT OR AND NO SUCH PARTY SHALL HAVE ANY LIABILITY TO PARTICIPANT OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT THAN AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK STATED HEREIN. ZERO HASH DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE ZERO HASH SERVICES SECURE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE ZERO HASH AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE NOT HAVE ANY LIABILITY TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS PARTICIPANT OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, INDIRECT, SPECIAL, PUNITIVE SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES OTHER DAMAGE OR LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTZERO HASH SERVICES (INCLUDING DAMAGES INCURRED BY PARTICIPANT AS A RESULT OF A COUNTERPARTY DEFAULT), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ZERO HASH, ITS AFFILIATES, LICENSORS OR THIRD PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING EXCEPT WITH RESPECT TO MISUSE OF ZERO HASH'S INTELLECTUAL PROPERTY, INDEMNIFICATION LIABILITY, FAILURE TO PAY OR BREACH OF CONFIDENTIALITY BY PARTICIPANT, THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/TOTAL MAXIMUM LIABILITY FOR ANY LOSS OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, DAMAGES HOWSOEVER CAUSED AND IN RELATION TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE ANY CLAIM OR SERIES OF CLAIMS RELATING TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED LIMITED TO THE FEES CHARGED TO PARTICIPANT DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM. PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE ZERO HASH SERVICES ARE NOT AND SHALL NOT SERVE AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR THE PRIMARY BASIS FOR ANY INVESTMENT OR TRADING DECISIONS MADE BY PARTICIPANT AND THAT ZERO HASH IS NOT AN ADVISOR OR FIDUCIARY OF PARTICIPANT. PARTICIPANT ACKNOWLEDGES THAT INFORMATION PARTICIPANT STORES OR TRANSFERS THROUGH ZERO HASH SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, VIRUSES OR OTHER LIABILITY WHICH MAY NOT BE EXCLUDED HARMFUL MATERIALS, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENTS OR LIMITED BY APPLICABLE LAWOTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE ZERO HASH'S CONTROL. PARTICIPANT IS SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION PARTICIPANT STORES OR TRANSFERS THROUGH ZERO HASH SERVICES.
Appears in 4 contracts
Samples: Hash LLC Services Agreement, Hash LLC Services Agreement, Hash LLC Services Agreement
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM COMMUNITY AT YOUR OWN RISK. THE COMMUNITY IS PROVIDED "AS IS", AND THE SERVICE PROVIDER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY APPLICABLE LAWTHE COMMUNITY. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT THE SERVICE PROVIDER AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTCOMMUNITY WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR TO MAINTAIN UNINTERRUPTED WILL BE TRANSMITTED ON THE COMMUNITY. THE SERVICE OR ACCESS. CITIBANK DOES PROVIDER AND ITS AFFILIATES SHALL NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE COMMUNITY HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE COMMUNITY, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE COMMUNITY, YOUR USE OF (OR RELIANCE ON THE COMMUNITy OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE COMMUNITY, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) COMMUNITY. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 3 contracts
Samples: Terms of Use, Terms of Use, Terms of Use
Disclaimer of Warranty and Limitation of Liability. WE WILL BE RESPONSIBLE ONLY FOR PERFORMING THE SYSTEM SERVICES SPECIFICALLY DESCRIBED IN THIS SECTION 6. YOU AGREE THAT OUR STANDARD OF CARE IS MET BY PAYING ITEMS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 6.1 ABOVE AND THAT ALL SYSTEM CONTENT SUCH ITEMS ARE DEEMED "PROPERLY PAYABLE" ITEMS AS PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS WE WILL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY YOU, INCLUDING WITHOUT LIMITATION THE AMOUNT, ACCURACY, TIMELINESS OF DELIVERY OR YOUR AUTHORIZATION OF ANY ITEM OR INSTRUCTION RECEIVED, OR ANY ACT OR OMISSION OF ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION ANY TRANSMISSION OR COMMUNICATIONS FACILITY AND/OR DATA PROCESSOR OF YOURS, AND NO SUCH PERSON WILL BE DEEMED TO BE OUR AGENT FOR ANY PURPOSE. WE MAKE NO WARRANTY AS OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE POSITIVE PAY SERVICES PROVIDED TO NON-INFRINGEMENT YOU UNDER THIS SECTION 6. WE DO NOT AND CANNOT WARRANT THAT THE POSITIVE PAY SYSTEM WILL OPERATE WITHOUT ERRORS, OR THAT ANY OR ALL POSITIVE PAY SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE TO ACT OR DELAY IN ACTING IF SUCH FAILURE IS CAUSED BY LEGAL CONSTRAINT, THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWINTERRUPTION OF TRANSMISSION OR COMMUNICATION FACILITIES, COMPUTER MALFUNCTION OR EQUIPMENT FAILURE, WAR, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL. IN ADDITION, WE SHALL BE EXCUSED FROM DELAY OR FAILURE TO TRANSMIT AN ENTRY IF SUCH TRANSMITTAL WOULD RESULT IN OUR HAVING VIOLATED ANY PROVISION OF ANY PRESENT OR FUTURE RISK CONTROL PROGRAM OF THE FEDERAL RESERVE OR ANY RULE OR REGULATION OF ANY OTHER GOVERNMENTAL REGULATORY AUTHORITY. EXCEPT AS EXPRESSLY SPECIFICALLY PROVIDED IN THIS AGREEMENTSECTION 6, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY OTHERWISE REQUIRED BY LAW, YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMAGREE THAT OUR OFFICERS, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATESDIRECTORS, EMPLOYEES, AGENTS OR ANY THIRD PARTY CONTRACTORS ARE NOT LIABLE FOR ANY LOSS INDIRECT, INCIDENTAL, SPECIAL OR DAMAGECONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO POSITIVE PAY, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECTREVENUE, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION DATA OR USE OF (BY YOU OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTTHIRD PARTY, WHETHER IN CONTRACTAN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY. FURTHER, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT IN NO EVENT WILL OUR LIABILITY HEREUNDER EXCEED THE AGREED RATE, AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOUYOU THROUGH POSITIVE PAY DURING ANY SIX (6) MONTH PERIOD. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING YOU ACKNOWLEDGE THAT EACH PROVISION IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING SECTION 6, WHETHER OR EXCLUDING LIABILITY FOR DEATH NOT BOLD-FACED OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWOTHERWISE HIGHLIGHTED, IS CONSPICUOUS AND HAS BEEN CONSIDERED TO YOUR SATISFACTION.
Appears in 2 contracts
Samples: Inwood National Bank, Inwood National Bank
Disclaimer of Warranty and Limitation of Liability. TO THE SYSTEM AND FULL EXTENT ALLOWED BY APPLICABLE LAW, COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICE, INCLUDING THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL SYSTEM CONTENT ARE PROVIDED ERRORS IN THE SERVICE WILL BE CORRECTED. COMPANY PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, COMPANY’ WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL EXPRESS AND IMPLIED OTHER WARRANTIES, CONDITIONSEXPRESS OR IMPLIED, REPRESENTATIONSEITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR OTHER TERMS (INCLUDING AS WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO SATISFACTORY QUALITYTHE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY)SATISFACTORY QUALITY, AS CORRESPONDENCE WITH DESCRIPTION AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST FULL EXTENT PERMITTED ALLOWED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS , IN NO EVENT SHALL COMPANY AND ITS SUPPLIERS OR LICENSORS HAVE ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKSLIABILITY, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE)) OR STRICT LIABILITY, STATUTE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHERWISEPUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF COMPANY HAD BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING IN THE FOREGOINGEVENT THAT COMPANY IS FOUND LIABLE TO PAY YOU ANY DAMAGES, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, COMPANY’S TOTAL CUMULATIVE LIABILITY TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN YOU UNDER THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING NOT EXCEEED $100. THE ABOVE LIMITATIONS OF LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY WILL NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWAFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
Appears in 2 contracts
Samples: Terms of Use, Terms of Use
Disclaimer of Warranty and Limitation of Liability. VIKING CLOUD’S AGGREGATE LIABILITY TO CLIENT, REGARDLESS OF THEORY OF LIABILITY, FOR ALL CLAIMS, DAMAGES, COSTS, LOSSES, EXPENSES AND OTHER AMOUNTS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SYSTEM AND ALL SYSTEM CONTENT ARE SERVICES PROVIDED “AS IS” AND “AS AVAILABLE”HEREUNDER SHALL NOT EXCEED THE FEES PAID TO VIKING CLOUD BY CLIENT IN THE TWELVE MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESNOTWITHSTANDING THE FORGOING, CONDITIONSANY LIABILITY IN RESPECT OF FRAUD, REPRESENTATIONSFRAUDULENT MISREPRESENTATION, PERSONAL INJURY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYDEATH CAUSED BY VIKING CLOUD’S GROSS NEGLIGENCE, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY RECKLESSNESS OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT WILLFUL MISCONDUCT SHALL NOT BE LIMITED OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWEXCLUDED. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN NO ACTION ARISING OUT OF THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE REGARDLESS OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATEFORM, MAY NOT BE SECUREBROUGHT BY EITHER PARTY MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. CITIBANK DISCLAIMS ALL LIABILITY IN NO EVENT WILL VIKING CLOUD BE LIABLE FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER FORSEEABLE OR CONSEQUENTIAL LOSS OR DAMAGES UNFORSEEABLE, OF ANY KIND WHATSOEVER, ARISING OUT OF, OF OR IN CONNECTION WITHWITH FURNISHING, THE PROVISION PERFORMANCE OR USE OF (THE SERVICES PROVIDED HEREUNDER OR THE USE, DELIVERY, LICENSE, PERFORMANCE OR NONPERFORMANCE OF CERTIFICATES, DIGITAL SIGNATURES, OR ANY INABILITY OTHER TRANSACTIONS OR SERVICES OFFERED OR CONTEMPLATED BY THIS AGREEMENT OR THE CPS, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OR DAMAGE TO USEGOODWILL, LOSS OF DATA, LOSS OF USE OF SYSTEM(S) OR NETWORK OR THE SYSTEM AND SYSTEM CONTENTRECOVERY OF SUCH, BUSINESS INTERRUPTION OR DOWNTIME, EVEN IF VIKING CLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, WHETHER IN BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE PRODUCT LIABILITY OR OTHERWISE. FURTHER, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, VIKING CLOUD SHALL NOT BE LIABLE FOR ANY DAMAGES DUE TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE DELAY IN PERFORMING THE SERVICES PROVIDED HEREUNDER OR IN ANY CIRCUMSTANCE RELATING TO YOU. THE CLIENT BREACHING ITS REPRESENTATIONS OR OBLIGATIONS UNDER SECTION 4 OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWAGREEMENT.
Appears in 2 contracts
Samples: Viking Cloud Subscriber Agreement, Viking Cloud Subscriber Agreement
Disclaimer of Warranty and Limitation of Liability. We do not and cannot warrant that the Services will operate without error, or that the Services will be available at all times. We will not be liable to you for any loss, damage or expense of any kind or nature caused, directly or indirectly, by the Services or by any interruption of service or loss of use thereof or for any loss of business, howsoever caused. You agree that we will have no liability if information is intercepted by an unauthorized person, either in transit or at your place of business, or if your use of the Services is interrupted, lost or delayed. THE SYSTEM AND ALL SYSTEM CONTENT ARE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESTHERE IS NO WARRANTY OF MERCHANTABILITY, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEUSE, SUITABILITY AND NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESSED OR MERCHANTABILITY)IMPLIED, AS REGARDING THE SERVICES AND ANY SOFTWARE AND/OR APPLICATION RELATED TO AND/OR USED TO ACCESS THE SYSTEM, SERVICES. THERE IS NO WARRANTY THAT YOUR USE OF THE SYSTEM CONTENT SERVICES WILL BE UNINTERRUPTED OR ANY OTHER MATTER, TO ERROR-FREE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED INFORMATION CONTAINED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT AND/OR INFORMATION AVAILABLE ACCESSED THROUGH THE SYSTEM UP-TO-DATE SERVICES OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESSAGAINST INFRINGEMENT. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION ASSUME ALL RISKS OF THE SYSTEMUSE, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART RESULTS AND PERFORMANCE OF THE SYSTEM WITHOUT NOTICESERVICES. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY CREDIT UNION IS NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY LIABLE FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE INDIRECT, INCIDENTAL OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITESCONSEQUENTIAL DAMAGES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE REVENUE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTDATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE)TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF THOSE DAMAGES. WITHOUT LIMITING THE FOREGOINGCREDIT UNION WILL NOT BE LIABLE FOR DIRECT DAMAGES EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. ANY LIABILITY the CREDIT UNION MAY HAVE (WHETHER IN CONTRACT, CITIBANK MAY MAKE ERROR CORRECTIONS AND/TORT, OR REPROCESS AN AGREED TRANSACTION AT OTHERWISE) WILL NOT EXCEED THE AGREED RATE, AMOUNT YOU PAID THE CREDIT UNION UNDER THIS AGREEMENT FOR THE 30 CALENDAR DAYS PRIOR TO THE EXTENT POSSIBLETIME THE CREDIT UNION INCURRED THE LIABILITY. YOU MAY NOT BRING ANY ACTION AGAINST THE CREDIT UNION, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWMORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CAUSE OF ACTION. Some states/jurisdictions do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitation or exclusion may not apply to you. Except to the extent prohibited by applicable banking regulations, under no circumstances will the total liability of us or our service providers to you in connection with the Services or otherwise under this Agreement exceed $5,000.
Appears in 2 contracts
Samples: nasafcu.com, www.nasafcu.com
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED UNIVERSITY MAKES NO WARRANTIES, CONDITIONSEITHER EXPRESS OR IMPLIED, REPRESENTATIONSAS TO THE SERVICES, THE DELIVERABLES, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTHE RESULTS PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO AND NON-INFRINGEMENT. CLIENT ACKNOWLEDGES THAT THE SYSTEMSERVICES, THE SYSTEM CONTENT DELIVERABLES, AND THE RESULTS ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND. CLIENT FURTHER ACKNOWLEDGES THAT IT USES SUCH SERVICES, DELIVERABLES, AND RESULTS AT ITS OWN RISK. UNIVERSITY SHALL BEAR NO RESPONSIBILITY FOR THE SUCCESS OR FAILURE OF THE SERVICES OR DELIVERABLES. UNIVERSITY SHALL NOT BE LIABLE FOR ANY OTHER MATTERINDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN WARRANTY, TORT, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF GOOD WILL, WHETHER OR NOT UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE. WITHOUT LIMITING UNIVERSITY’S AGGREGATE LIABILITY SHALL NOT EXCEED THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, FEES RECEIVED BY UNIVERSITY FROM CLIENT PURSUANT TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING CLIENT’S CLAIM. CLIENT EXPRESSLY ACKNOWLEDGES THAT UNIVERSITY SHALL BE CONSTRUED AS LIMITING HAVE NO LIABILITY WITH RESPECT TO ANY LOSS OF PROPERTY, MATERIALS, DATA, OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWINFORMATION THAT CLIENT PROVIDES TO UNIVERSITY UNDER THIS AGREEMENT.
Appears in 2 contracts
Samples: Sales and Services Agreement, Sales and Services Agreement
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL SYSTEM CONTENT INFORMATION AND PRODUCTS DESCRIBED ON THIS SITE ARE PROVIDED “BY XXX’X GRAIN-FREE ON AN "AS IS” " AND “"AS AVAILABLE”" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT OR NEITHER XXX’X GRAIN-FREE NOR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR LICENSORS MAKE ANY REPRESENTATIONS OR THIRD PARTY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XXX’X GRAIN-FREE DOES NOT WARRANT THAT THIS SITE OR EMAILS SENT FROM XXX’X GRAIN-FREE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XXX’X GRAIN-FREE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR FROM ANY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGESERVICES MADE AVAILABLE THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSANY DIRECT, SPECIAL, INDIRECT, SPECIALINCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OFCONSEQUENTIAL, OR IN CONNECTION WITHPUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE PROVISION OR USE POSSIBILITY OF (OR ANY INABILITY TO USE) SUCH DAMAGES. THE SYSTEM AND SYSTEM CONTENTAGGREGATE LIABILITY OF XXX’X GRAIN-FREE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STATUTE PRODUCT LIABILITY, STRICT LIABILITY, OR OTHERWISEOTHER THEORY, EVEN IF ADVISED ARISING OUT OF OR RELATING TO THESE TERMS OR THE POSSIBILITY THEREOFPURCHASE OR USE OF ANY PRODUCTS DESCRIBED ON THE SITE WILL NOT EXCEED $100 IN ANY CALENDAR YEAR. WITHOUT LIMITING THE FOREGOINGWarranties give you specific legal rights, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATEand you may have other rights, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWwhich vary from state to state.
Appears in 2 contracts
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, FORD CREDIT AND THEIR RESPECTIVE AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY APPLICABLE LAWTHE WEBSITE. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT THE SERVICE PROVIDER, FORD CREDIT. AND THEIR RESPECTIVE AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTWEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR TO MAINTAIN UNINTERRUPTED WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE OR ACCESS. CITIBANK DOES PROVIDER, FORD CREDIT AND THEIR RESPECTIVE AFFILIATES SHALL NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, FORD CREDIT AND THEIR RESPECTIVE AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 2 contracts
Samples: Terms of Use, Terms of Use
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND THE CLIENT HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND THE CLIENT DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDERS PROVIDER, ITS AFFILIATES AND THE CLIENT SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING YOU HEREBY AGREE TO RELEASE THE FOREGOINGSERVICE PROVIDER, CITIBANK MAY MAKE ERROR CORRECTIONS AND/ITS AFFILIATES AND THE CLIENT, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWSITE.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Disclaimer of Warranty and Limitation of Liability. WE WILL BE RESPONSIBLE ONLY FOR PERFORMING THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”SERVICES SPECIFICALLY DESCRIBED IN THIS SECTION. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESYOU AGREE THAT OUR STANDARD OF CARE IS MET BY PAYING ITEMS IN ACCORDANCE WITH THE PROVISIONS HEREOF. WE WILL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY YOU, CONDITIONSINCLUDING WITHOUT LIMITATION THE AMOUNT, REPRESENTATIONSACCURACY, TIMELINESS OF DELIVERY OR YOUR AUTHORIZATION OF ANY ITEM OR INSTRUCTION RECEIVED, OR ANY ACT OR OMISSION OF ANY OTHER TERMS (PERSON, INCLUDING WITHOUT LIMITATION ANY TRANSMISSION OR COMMUNICATIONS FACILITY ANDIOR DATA PROCESSOR OF YOURS, AND NO SUCH PERSON WILL BE DEEMED TO BE OUR AGENT FOR ANY PURPOSE. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THIS SECTION. WE DO NOT AND CANNOT WARRANT THAT THE INTERNET BANKING SYSTEM WILL OPERATE WITHOUT ERRORS, OR THAT ANY OR ALL SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR FAILURES FROM ANY MALFUNCTION OF YOUR COMPUTER OR ANY SOFTWARE NOR ARE WE RESPONSIBLE FOR ANY ELECTRONIC VIRUS, VIRUSES, WORMS OR SIMILAR SOFTWARE THAT YOU MAY ENCOUNTER. IN ADDITION, YOU ARE SOLELY RESPONSIBLE FOR INSTALLING APPROPRIATE SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANTI‐VIRUS AND ANTISPYWARE SOFTWARE, AS WELL AS FIREWALL(S) ON YOUR COMPUTER HARDWARE TO SATISFACTORY QUALITYPREVENT KEY LOGGING ANDIOR OTHER INTRUSIONS THAT MAY ALLOW A THIRD PARTY TO UNLAWFULLY VIEW ACTIVITY ON YOUR COMPUTER. GreenState Credit Union HAS NO LIABILITY TO YOU FOR ANY DAMAGE OR OTHER LOSS, DIRECT OR CONSEQUENTIAL, WHICH YOU MAY SUFFER OR INCUR BY REASON OF YOUR USE OF YOUR COMPUTER OR THE SOFTWARE. FURTHERMORE, GreenState Credit Union MAKES NO WARRANTY OR REPRESENTATION REGARDING THE COMPUTER, ANY RELATED SOFTWARE OR YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY . YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE TO ACT OR MERCHANTABILITY), AS TO THE SYSTEMDELAY IN ACTING IF SUCH FAILURE IS CAUSED BY LEGAL CONSTRAINT, THE SYSTEM CONTENT INTERRUPTION OF TRANSMISSION OR ANY OTHER MATTERCOMMUNICATION FACILITIES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTC O M P U T E R M A L F U N C T I O N OR E Q U I P M E N T F A I L U R E , CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMW A R , CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET E M E R G E N C Y C O N D I T I O N S , OR OTHER NETWORKSCIRCUMSTANCES BEYOND OUR REASONABLE CONTROL. IN ADDITION, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.WE SHALL
Appears in 2 contracts
Samples: www.greenstate.org, www.greenstate.org
Disclaimer of Warranty and Limitation of Liability. VIKINGCLOUD’S AGGREGATE LIABILITY TO CLIENT, REGARDLESS OF THEORY OF LIABILITY, FOR ALL CLAIMS, DAMAGES, COSTS, LOSSES, EXPENSES AND OTHER AMOUNTS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SYSTEM AND ALL SYSTEM CONTENT ARE SERVICES PROVIDED “AS IS” AND “AS AVAILABLE”HEREUNDER SHALL NOT EXCEED THE FEES PAID TO VIKINGCLOUD BY CLIENT IN THE TWELVE MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESNOTWITHSTANDING THE FORGOING, CONDITIONSANY LIABILITY IN RESPECT OF FRAUD, REPRESENTATIONSFRAUDULENT MISREPRESENTATION, PERSONAL INJURY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYDEATH CAUSED BY VIKINGCLOUD’S GROSS NEGLIGENCE, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY RECKLESSNESS OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT WILLFUL MISCONDUCT SHALL NOT BE LIMITED OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWEXCLUDED. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN NO ACTION ARISING OUT OF THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE REGARDLESS OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATEFORM, MAY NOT BE SECUREBROUGHT BY EITHER PARTY MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. CITIBANK DISCLAIMS ALL LIABILITY IN NO EVENT WILL VIKINGCLOUD BE LIABLE FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER FORSEEABLE OR CONSEQUENTIAL LOSS OR DAMAGES UNFORSEEABLE, OF ANY KIND WHATSOEVER, ARISING OUT OF, OF OR IN CONNECTION WITHWITH FURNISHING, THE PROVISION PERFORMANCE OR USE OF (THE SERVICES PROVIDED HEREUNDER OR THE USE, DELIVERY, LICENSE, PERFORMANCE OR NONPERFORMANCE OF CERTIFICATES, DIGITAL SIGNATURES, OR ANY INABILITY OTHER TRANSACTIONS OR SERVICES OFFERED OR CONTEMPLATED BY THIS AGREEMENT OR THE CPS, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OR DAMAGE TO USEGOODWILL, LOSS OF DATA, LOSS OF USE OF SYSTEM(S) OR NETWORK OR THE SYSTEM AND SYSTEM CONTENTRECOVERY OF SUCH, BUSINESS INTERRUPTION OR DOWNTIME, EVEN IF VIKINGCLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, WHETHER IN BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE PRODUCT LIABILITY OR OTHERWISE. FURTHER, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, VIKINGCLOUD SHALL NOT BE LIABLE FOR ANY DAMAGES DUE TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE DELAY IN PERFORMING THE SERVICES PROVIDED HEREUNDER OR IN ANY CIRCUMSTANCE RELATING TO YOU. THE CLIENT BREACHING ITS REPRESENTATIONS OR OBLIGATIONS UNDER SECTION 4 OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWAGREEMENT.
Appears in 2 contracts
Samples: Vikingcloud Subscriber Agreement, Vikingcloud Subscriber Agreement
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND SDG&E HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND SDG&E DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDERS PROVIDER, ITS AFFILIATES AND SDG&E SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, ITS AFFILIATES AND SDG&E, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 2 contracts
Samples: Terms of Use, Terms of Use
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED UCSD MAKES NO WARRANTIES, CONDITIONSEITHER EXPRESS OR IMPLIED, REPRESENTATIONSAS TO THE SERVICES, THE DELIVERABLES, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTHE RESULTS PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO AND NON-INFRINGEMENT. COMPANY ACKNOWLEDGES THAT THE SYSTEMSERVICES, THE SYSTEM CONTENT DELIVERABLES, AND THE RESULTS ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND. COMPANY FURTHER ACKNOWLEDGES THAT IT USES SUCH SERVICES, DELIVERABLES, AND RESULTS AT ITS OWN RISK. UCSD SHALL BEAR NO RESPONSIBILITY FOR THE SUCCESS OR FAILURE OF THE SERVICES OR DELIVERABLES. UCSD SHALL NOT BE LIABLE FOR ANY OTHER MATTERINDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN WARRANTY, TORT, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF GOOD WILL, WHETHER OR NOT UCSD HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE. WITHOUT LIMITING UCSD AGGREGATE LIABILITY SHALL NOT EXCEED THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, FEES RECEIVED BY UCSD FROM COMPANY PURSUANT TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING COMPANY’S CLAIM. COMPANY EXPRESSLY ACKNOWLEDGES THAT UCSD SHALL BE CONSTRUED AS LIMITING HAVE NO LIABILITY WITH RESPECT TO ANY LOSS OF PROPERTY, MATERIALS, DATA, OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWINFORMATION THAT COMPANY PROVIDES TO UCSD UNDER THIS AGREEMENT.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED UNIVERSITY MAKES NO WARRANTIES, CONDITIONSEITHER EXPRESS OR IMPLIED, REPRESENTATIONSAS TO THE SERVICES, THE DELIVERABLES, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTHE RESULTS PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO AND NON-INFRINGEMENT. COMPANY ACKNOWLEDGES THAT THE SYSTEMSERVICES, THE SYSTEM CONTENT DELIVERABLES, AND THE RESULTS ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND. COMPANY FURTHER ACKNOWLEDGES THAT IT USES SUCH SERVICES, DELIVERABLES, AND RESULTS AT ITS OWN RISK. UNIVERSITY SHALL BEAR NO RESPONSIBILITY FOR THE SUCCESS OR FAILURE OF THE SERVICES OR DELIVERABLES. UNIVERSITY SHALL NOT BE LIABLE FOR ANY OTHER MATTERINDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN WARRANTY, TORT, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF GOOD WILL, WHETHER OR NOT UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE. WITHOUT LIMITING UNIVERSITY’S AGGREGATE LIABILITY SHALL NOT EXCEED THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, FEES RECEIVED BY UNIVERSITY FROM COMPANY PURSUANT TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING COMPANY’S CLAIM. COMPANY EXPRESSLY ACKNOWLEDGES THAT UNIVERSITY SHALL BE CONSTRUED AS LIMITING HAVE NO LIABILITY WITH RESPECT TO ANY LOSS OF PROPERTY, MATERIALS, DATA, OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWINFORMATION THAT COMPANY PROVIDES TO UNIVERSITY UNDER THIS AGREEMENT.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Disclaimer of Warranty and Limitation of Liability. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE, REGARDING ANY MATTER, INCLUDING BUT NOT LIMITED TO THE SYSTEM ABSENCE OF ANY LATENT OR PATENT DEFECTS, VIRUSES, OR THE ACCURACY OR FREEDOM FROM ERROR, OF THE DATA OR THE PROGRAM USED BY OR FURNISHED TO THE BANK OR TO YOU BY SUCH LICENSER OR OTHERS, IN CONNECTION WITH THE SERVICES, OR INFORMATION, OR MATERIALS PROVIDED TO YOU THROUGH THE SERVICES UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BANK MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AGAINST ANY INFRINGEMENT OF ANY PROPRIETARY RIGHTS OF ANY OTHER PARTY. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES, THE SUITABILITY OF THE SERVICES, AND WITH RESPECT TO ANY DOCUMENTATION. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT BY EITHER ACCOUNT HOLDER OR THE BANK, AND ALSO LIMITS THE LIABILITY OF ANY OFFICER, DIRECTOR, AGENT, EMPLOYEE OR AFFILIATE OF THE BANK. WE DO NOT AND CANNOT WARRANT THAT THE SERVICES WILL OPERATE WITHOUT ERRORS OR THAT ANY OR ALL SYSTEM CONTENT ARE PROVIDED “SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIME. WE PROVIDE THE SERVICES ON AN "AS IS” AND “," AS AVAILABLE”. CITIBANK DISCLAIMS , BASIS, WITH ALL EXPRESS FAULTS, AND IMPLIED WARRANTIESHEREBY DISCLAIMS, AND YOU HEREBY RELEASE, US FROM, ALL OTHER WARRANTIES AND CONDITIONS, REPRESENTATIONSEITHER EXPRESS, IMPLIED OR OTHER TERMS (STATUTORY, INCLUDING AS BUT NOT LIMITED TO SATISFACTORY QUALITYANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY)TITLE, AS TO THE SYSTEMACCURACY, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO INFRINGEMENT, NON- INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. IN NO EVENT WILL THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTBANK OR ITS RESPECTIVE OFFICERS, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESDIRECTORS, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL EMPLOYEES BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY YOU FOR ANY LOSS DAMAGE, INJURY, LOSS, OR DAMAGEEXPENSE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISEEXPENSES, EVEN IF THE BANK IS ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOINGOF SUCH DAMAGE, CITIBANK MAY MAKE ERROR CORRECTIONS AND/LOSS, OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATEEXPENSE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) ARISING IN CONNECTION WITH ANY SUCH ERRORTHE SERVICES. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWIn no event, unless specifically stated otherwise in this Agreement, shall the liability of the Bank and its affiliates exceed the amounts paid by you for the Service(s) provided hereunder.
Appears in 2 contracts
Samples: Statebank Online Banking Service Agreement, Online Banking Services Agreement
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, AAA AND THEIR RESPECTIVE AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY APPLICABLE LAWTHE WEBSITE. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT THE SERVICE PROVIDER, AAA AND THEIR RESPECTIVE AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTWEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR TO MAINTAIN UNINTERRUPTED WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE OR ACCESS. CITIBANK DOES PROVIDER, AAA AND THEIR RESPECTIVE AFFILIATES SHALL NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, AAA AND THEIR RESPECTIVE AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE OR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM AND ALL SYSTEM CONTENT ARE Website or App AT YOUR OWN RISK. THE Website or App IS PROVIDED “AS IS” ”, AND “AS AVAILABLE”. CITIBANK DISCLAIMS THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREINWebsite or App. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR AND ITS THIRD PARTY INFORMATION SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE Website or App WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE Website or App. SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE Website or App HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE Website or App, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE Website or App, YOUR USE OF (OR RELIANCE ON THE Website or App OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE Website or App, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: “A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR”.
Appears in 1 contract
Samples: User Agreement and Copyright
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM DOMINION ENERGY NORTH CAROLINA CUSTOMER VOICE AT YOUR OWN RISK. THE DOMINION ENERGY NORTH CAROLINA CUSTOMER VOICE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND DOMINION ENERGY HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREINDOMINION ENERGY NORTH CAROLINA CUSTOMER VOICE. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESDOMINION ENERGY DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE DOMINION ENERGY NORTH CAROLINA CUSTOMER VOICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE DOMINION ENERGY NORTH CAROLINA CUSTOMER VOICE. THE SERVICE PROVIDERS PROVIDER, ITS AFFILIATES AND DOMINION ENERGY SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE DOMINION ENERGY NORTH CAROLINA CUSTOMER VOICE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE DOMINION ENERGY NORTH CAROLINA CUSTOMER VOICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE DOMINION ENERGY NORTH CAROLINA CUSTOMER VOICE, YOUR USE OF (OR RELIANCE ON THE DOMINION ENERGY NORTH CAROLINA CUSTOMER VOICE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE DOMINION ENERGY NORTH CAROLINA CUSTOMER VOICE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND DOMINION ENERGY, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWSITE.
Appears in 1 contract
Samples: North Carolina Customer Voice Terms of Use Agreement
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL SYSTEM CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM INFORMATION GATHERED THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY THIRD PARTY CONTENT ARE OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “"AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL " WITHOUT ANY EXPRESS AND OR IMPLIED WARRANTIESWARRANTIES OF ANY KIND, CONDITIONSINCLUDING BUT NOT LIMITED TO MERCHANTABILITY, REPRESENTATIONSNON-INFRINGEMENT, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYSECURITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY PURPOSE OR MERCHANTABILITY), AS TO ACCURACY. THE SYSTEM, USE OF THE SYSTEM CONTENT OR ANY OTHER MATTER, PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE OF THE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS , WE EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU DISCLAIM ALL WARRANTIES OF ANY ERROR IN THE SYSTEM CONTENT KIND, WHETHER EXPRESSED OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICEIMPLIED. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY WE SHALL NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGEINDIRECT, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSINCIDENTAL, INDIRECTCONSEQUENTIAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR EXEMPLARY DAMAGES. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF (THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ANY INABILITY ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED DATE OF THE POSSIBILITY THEREOFCLAIM. WITHOUT LIMITING THE FOREGOINGIf the applicable law does not allow the limitation of liability as set forth above, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOUthe limitation will be deemed modified solely to the extent necessary to comply with applicable law. THIS IS YOUR SOLE REMEDY This section (AND CITIBANK’S SOLE LIABILITYlimitation of liability) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWshall survive the termination or expiration of this Agreement.
Appears in 1 contract
Samples: Terms and Conditions Agreement
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, NO WARRANTIES OF ANY KIND INCLUDING ANY WARRANTY REGARDING MERCHANTABILITY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY PURPOSE ARE EXPRESSED OR MERCHANTABILITY), AS ARE TO BE IMPLIED IN THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED TRANSACTION EVIDENCED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP . IN CASES WHERE TRUSTWAVE HAS ISSUED AND MANAGED A CERTFICATE IN COMPLIANCE WITH THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT EV GUIDELINES IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCEEV CERTIFICATES (AS HEREINAFTER DEFINED) AND ITS POLICIES AS SET FORTH IN THE ITS CPS (AS HEREINAFTER DEFINED), NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS TRUSTWAVE SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS THE RELYING PARTY OR ANY OTHER THIRD PARTY PARTIES FOR ANY LOSS LOSSES SUFFERED AS A RESULT OF USE OR DAMAGERELIANCE ON SUCH CERTIFICATE BEYOND THOSE SPECIFIED IN TRUSTWAVE’S CPS. IN CASES WHERE TRUSTWAVE HAS NOT ISSUED OR MANAGED A CERTIFICATE IN COMPELTE COMPLIANCE WITH THE GUIDELINES, INCLUDING WITHOUT LIMITATION IN THE CASE OF EV CERTIFICATES, OR ITS CPS, ITS LIABILITY FOR DAMAGES FOR ANY CAUSE OF ACTION OR LEGAL THEORY INVOLVED FOR ANY AND ALL CLAIMS, LOSSESS OR DAMAGES SUFFERED SHALL IN NO CIRCUMSTANCES EXCEED $2,000.00 IN THE AGGREGATE. THE PARTIES AGREE THAT IN NO EVENT SHALL TRUSTWAVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF DATA, OR OTHER INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, FROM OR IN CONNECTION WITH, WITH THE PROVISION RELYING PARTY’S RELIANCE ON A CERTIFICATE OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) OTHERWISE IN CONNECTION WITH THE USE, DELIVERY, LICENSE, PERFORMANCE, OR NONPERFORMANCE OF CERTIFICATES, DIGITAL SIGNATURES, OR ANY SUCH ERROR. NOTHING IN OTHER TRANSACTIONS OR SERVICES OFFERED OR CONTEMPLATED BY THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE CPS.
Appears in 1 contract
Samples: Trustwave Relying Party Agreement
Disclaimer of Warranty and Limitation of Liability. TO THE SYSTEM FULL EXTENT ALLOWED BY APPLICABLE LAW, ORIGIN AUDIO MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, THE RESULTS FILES AND THE PLUGINS, INCLUDING THAT THE SERVICES, RESULTS FILES AND PLUGINS WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE, SOFTWARE, CONTENT OR DATA PROVIDED BY THIRD PARTIES, THAT THE SERVICES, RESULTS FILES AND PLUGINS WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL SYSTEM CONTENT ARE PROVIDED ERRORS IN THE SERVICES, RESULTS FILES AND PLUGINS WILL BE CORRECTED. ORIGIN AUDIO PROVIDES THE SERVICES, RESULTS FILES AND PLUGINS “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ORIGIN AUDIO INCURS NO RESPONSIBILITY OR LIABILITY IN RESPECT OF COVER SONGS FOR WHICH WE CAN SECURE COVER MECHANICAL LICENSES. ANY WARRANTY AND LIABILITY APPLICABLE TO COVER SONGS ARE THOSE WHICH MAY BE EXPRESSLY GRANTED BY THEIR LICENSORS, IF ANY, TO THE EXTENT YOU MAY LEGALLY OPPOSE THE SAME TO THESE LICENSORS, AND SUBJECT TO ANY DISCLAIMER AND LIMITATION IMPOSED BY THESE LICENSORS. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, ORIGIN AUDIO’S WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL EXPRESS AND IMPLIED OTHER WARRANTIES, CONDITIONSEXPRESS OR IMPLIED, REPRESENTATIONSEITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR OTHER TERMS (INCLUDING AS WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO SATISFACTORY QUALITYTHE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY)SATISFACTORY QUALITY, AS CORRESPONDENCE WITH DESCRIPTION AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST FULL EXTENT PERMITTED ALLOWED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS , IN NO EVENT SHALL ORIGIN AUDIO, ITS AFFILIATES, ITS OFFICERS, ITS DIRECTORS, ITS EMPLOYEES, ITS AGENTS, ITS SUPPLIERS, ITS LICENSORS AND ITS LICENSEES HAVE ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKSLIABILITY, WHETHER PUBLIC BASED IN CONTRACT, DELICT OR PRIVATETORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITESDIRECT, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCETHE RESULTS FILES AND RESULTS FILES SERVICE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSINCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR CONSEQUENTIAL FOR (DIRECT OR INDIRECT) LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR DAMAGES ARISING OUT CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITHWITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTRELEASE SERVICE, WHETHER IN CONTRACTFORESEEABLE OR NOT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, AND EVEN IF ORIGIN AUDIO HAD BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING IN THE FOREGOINGEVENT THAT ORIGIN AUDIO IS FOUND LIABLE TO PAY YOU ANY DAMAGES, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, ORIGIN AUDIO’S TOTAL CUMULATIVE LIABILITY TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN YOU UNDER THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING NOT EXCEED US$100. THE ABOVE LIMITATIONS OF LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY WILL NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWAFFECTED EVEN IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
Appears in 1 contract
Samples: data.originaudio.net
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES, IQ BUSINESS INSIGHTS (PTY) LTD AND ITS CONTENT PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICEPROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND IQ BUSINESS INSIGHTS (PTY) LTD DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDER, ITS AFFILIATES, IQ BUSINESS INSIGHTS (PTY) LTD AND ITS CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING YOU HEREBY AGREE TO RELEASE THE FOREGOINGSERVICE PROVIDER, CITIBANK MAY MAKE ERROR CORRECTIONS AND/ITS AFFILIATES, IQ BUSINESS INSIGHTS (PTY) LTD AND ITS CONTENT PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWWEBSITE.
Appears in 1 contract
Samples: Web Terms of Use
Disclaimer of Warranty and Limitation of Liability. AS TO THE SYSTEM SITE AND CONTENT. NEITHER ACI, ANY PARTNERS OF ACI NOR ANY OF THEIR RESPECTIVE AFFILIATES OR RELATED ENTITIES MAKES ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF THE SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. ACI, PARTNERS OF ACI AND THEIR RESPECTIVE AFFILIATES OR RELATED ENTITIES ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL SYSTEM CONTENT ARE CONTENT, INFORMATION AND MATERIAL PROVIDED “ON THE SITE IS PROVIDED TO USERS "AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND " WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY TITLE, NON-INFRINGEMENT, SECURITY OR MERCHANTABILITY)ACCURACY. THE “AS IS” CONDITION OF THE CONTENT, AS TO THE SYSTEM, THE SYSTEM CONTENT INFORMATION AND MATERIALS PROVIDED ON THIS SITE OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS LINKED SITE IS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU MADE A CONDITION OF ANY ERROR IN THE SYSTEM CONTENT TRANSACTION ARISING THROUGH OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION AS A RESULT OF THE SYSTEMSITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, CITIBANK SO SOME OF THE ABOVE EXCLUSIONS MAY STOP PRODUCING NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR UPDATING ALL LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. While ACI takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your personal information. UNDER NO CIRCUMSTANCES SHALL ACI, ANY PARTNERS OF ACI, ANY OF THEIR RESPECTIVE AFFILIATES OR RELATED ENTITIES, OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL AGENTS BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OFDAMAGES, WHETHER IN CONTRACT OR IN CONNECTION WITHTORT, THE PROVISION INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE THIS SITE OR ITS CONTENT OR ANY INABILITY LINKED SITE, INCLUDING BUT NOT LIMITED TO USE) THE SYSTEM AND SYSTEM CONTENTLOST PROFITS, WHETHER IN CONTRACTBUSINESS INTERRUPTION, TORT (INCLUDING NEGLIGENCE), STATUTE OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF ACI OR ANY OF ITS PARTNERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY OF SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWDAMAGES.
Appears in 1 contract
Samples: Terms And
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND WE MAKE NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, WARRANTY OF MERCHANTABILITY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY IN CONNECTION WITH THE ONLINE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT MYONLINEBANKING WILL OPERATE WITHOUT ERRORS OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT THAT ANY OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWALL ONLINE SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. EXCEPT AS EXPRESSLY SPECIFICALLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY OTHERWISE REQUIRED BY LAW, YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMAGREE THAT OUR OFFICERS, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATESDIRECTORS, EMPLOYEES, AGENTS OR ANY THIRD PARTY CONTRACTORS ARE NOT LIABLE FOR ANY LOSS INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR DAMAGECONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO ONLINE SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECTREVENUE, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION DATA OR USE OF (BY YOU OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTTHIRD PARTY, WHETHER IN CONTRACTAN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY OR WHETHER WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES. FURTHER, TORT (INCLUDING NEGLIGENCE)IN NO EVENT SHALL THE LIABILITY OF BANKPACIFIC, STATUTE OR OTHERWISELTD. AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO YOU THROUGH MYONLINEBANKING. We will not be obligated to honor, EVEN IF ADVISED OF THE POSSIBILITY THEREOFin whole or in part, any transaction or instruction which: • is not in accordance with any term or condition applicable to the relevant Online Service or eligible account; • we have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal; • would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines; • would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority; • is not in accordance with any other requirement of our applicable policies, procedures or practices; or • we have reasonable cause not to honor for our or your protection. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWThis provision is for the benefit of Bank and not you and does not modify any provision of this Agreement or applicable law which limits Bank's liability to you.
Appears in 1 contract
Samples: bankpacific.com
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES, VIMN AND ITS CONTENT PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICEPROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND VIMN DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDER, ITS AFFILIATES, VIMN AND ITS CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING YOU HEREBY AGREE TO RELEASE THE FOREGOINGSERVICE PROVIDER, CITIBANK MAY MAKE ERROR CORRECTIONS AND/ITS AFFILIATES, VIMN AND ITS CONTENT PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWWEBSITE.
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND INSTITUTE OF DIRECTORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND INSTITUTE OF DIRECTORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDERS PROVIDER, ITS AFFILIATES AND INSTITUTE OF DIRECTORS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING YOU HEREBY AGREE TO RELEASE THE FOREGOINGSERVICE PROVIDER, CITIBANK MAY MAKE ERROR CORRECTIONS AND/ITS AFFILIATES AND INSTITUTE OF DIRECTORS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWSITE.
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK MOODY’S EXPRESSLY DISCLAIMS ALL EXPRESS REPRESENTATIONS AND IMPLIED WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TRAINING SERVICES PROVIDED BY MOODY’S HEREUNDER. THE TRAINING PROVIDED BY MOODY’S HEREUNDER WILL BE CONSTRUED SOLELY AS STATEMENTS OF OPINION AND NOT STATEMENTS OF FACT. CLIENT ACKNOWLEDGES THAT ANY ACTUAL EVALUATIONS CLIENT PERFORM BASED ON THE TRAINING PROVIDED UNDER THIS AGREEMENT ARE DEPENDENT ON A VARIETY OF FACTORS AND FUTURE MARKET CONDITIONS, REPRESENTATIONSAND CLIENT’S RESULTS MAY VARY. TO THE EXTENT PERMITTED BY LAW, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS CLIENT’S SOLE REMEDY FOR A PARTICULAR PURPOSEBREACH OF THIS AGREEMENT BY MOODY’S, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, CLAIM FOR DAMAGES ARISING FROM OR RELATED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION REGARDLESS OF THE SYSTEMLEGAL THEORY, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART SHALL BE EITHER A RE-PERFORMANCE OF THE SYSTEM WITHOUT NOTICETRAINING OR A REFUND OF THE INSTRUCTOR’S FEES. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD UNDER NO CIRCUMSTANCES WILL EITHER PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD THE OTHER PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSSPECIAL, INDIRECT, SPECIALINCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH KIND FOR ANY SUCH ERROR. REASON WHATSOEVER; PROVIDED HOWEVER NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING APPLY TO EXCLUDE OR EXCLUDING LIMIT (I) CLIENT’S OBLIGATIONS TO PAY ANY FEES DUE TO MOODY’S HEREUNDER; (II) CLIENT’S LIABILITY FOR DAMAGES RESULTING FROM THE BREACH OF ANY LICENSE GRANT IN THIS AGREEMENT OR FOR ANY OTHER VIOLATION OF MOODY’S INTELLECTUAL PROPERTY RIGHTS; OR (III) EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY IF CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED THAT CANNOT BY APPLICABLE LAWLAW BE EXCLUDED. CONFIDENTIALITY: Under this Agreement each party may receive confidential information of the other party, including without limitation, the Seminar materials. Each party agrees not to use or disclose to any third party the confidential information disclosed by the other party for any purpose other than as contemplated by this Agreement, and to protect such confidential information using commercially reasonable efforts. The confidentiality obligations of this Agreement shall not apply to confidential information to the extent that any such information (a) was lawfully received from a third party free of any obligation to keep it confidential; (b) is or becomes publicly available, other than through unauthorized disclosure by Moody’s or Client; (c) is independently developed without any reference to the confidential information; or (d) is required to be disclosed by law, regulation or court order. Notwithstanding the foregoing, however, this Agreement shall not prevent Moody’s from commercializing and distributing Moody’s own confidential information to a third party. Upon termination or expiration of this Agreement for any reason, each party shall promptly return to the other, or certify it has destroyed, any confidential information (including but not limited to, in the case of the Client only, electronic copies of the Course Material in Client’s possession), other than portions of confidential information that constitute electronic data that is generally inaccessible or that has been stored on such party’s backup systems in the ordinary course of business as part of standard backup procedures, but only to the extent that such confidential information is only accessible by person(s) whose function is primarily information technology, and provided that such person(s) only have limited access to such information to enable the performance of such information technology duties. In addition, each party may retain one copy of any such confidential information as is necessary to comply with applicable audit, legal or regulatory requirements, professional obligations and standards and internal document retention policies, provided any such data may only be accessed for such purposes and may not be used for any other purpose whatsoever (including, but not limited to, any commercial, training or educational purpose whatsoever).
Appears in 1 contract
Samples: www.oas.org
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, NO WARRANTIES OF ANY KIND INCLUDING ANY WARRANTY REGARDING MERCHANTABILITY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE EXPRESSED OR ARE TO BE IMPLIED IN THE TRANSACTION EVIDENCED BY THIS AGREEMENT. IN CASES WHERE MICROS HAS ISSUED AND MANAGED A CERTIFICATE IN COMPLIANCE WITH THE GUIDELINES AND ITS POLICIES AS SET FORTH IN ITS CPS, SUITABILITY OR MERCHANTABILITY), AS MICROS SHALL NOT BE LIABLE TO THE SYSTEM, THE SYSTEM CONTENT APPLICANT OR ANY OTHER MATTERTHIRD PARTIES FOR ANY LOSSES SUFFERED AS A RESULT OF USE OR RELIANCE ON SUCH CERTIFICATE BEYOND THOSE SPECIFIED IN MICROS CPS. IN CASES WHERE MICROS HAS NOT ISSUED OR MANAGED A CERTIFICATE IN COMPLETE COMPLIANCE WITH THE GUIDELINES AND ITS CPS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ITS LIABILITY FOR DIRECT DAMAGES FOR ANY WARRANTY CAUSE OF ACTION OR LEGAL THEORY INVOLVED FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES SUFFERED AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION A RESULT OF THE SYSTEM, CITIBANK MAY STOP PRODUCING USE OR UPDATING ALL OR RELIANCE ON SUCH CERTIFICATE BY ANY PART OF THE SYSTEM WITHOUT NOTICEAPPROPRIATE MEANS SHALL IN NO CIRCUMSTANCE EXCEED $2,000 PER CERTIFICATE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT IN NO EVENT SHALL MICROS BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY LIABLE FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE INDIRECT, INCIDENTAL OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITESCONSEQUENTIAL DAMAGES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, OR OTHER INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, FROM OR IN CONNECTION WITHWITH THE USE, THE PROVISION DELIVERY, LICENSE, PERFORMANCE OR USE NONPERFORMANCE OF (CERTIFICATES, DIGITAL SIGNATURES, OR ANY INABILITY TO USE) OTHER TRANSACTIONS OR SERVICES OFFERED OR CONTEMPLATED BY THIS AGREEMENT OR THE SYSTEM AND SYSTEM CONTENT, WHETHER CPS. MICROS WILL NOT BE HELD LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, ANY CIRCUMSTANCE RELATING TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. APPLICANT BREACHING ITS REPRESENTATIONS OR OBLIGATIONS UNDER SECTION 4 OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWAGREEMENT.
Appears in 1 contract
Samples: Please Read
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM YOU HEREBY RELEASE DR KANTER COXXXXXXXX, LLC AND ALL SYSTEM OF ITS AGENTS, CONTRACTORS AND/OR EMPLOYEES AND AGREE TO HOLD HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE CONSULTING OR EVALUATION SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY CONSULTANT OR NEUROPSYCHOLOGIST OR PSYCHOLOGIST AND/OR ANY OTHER CONTENT ARE OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “"AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL " WITHOUT ANY EXPRESS AND OR IMPLIED WARRANTIESWARRANTIES OF ANY KIND, CONDITIONSINCLUDING BUT NOT LIMITED TO MERCHANTABILITY, REPRESENTATIONSNON- INFRINGEMENT, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYSECURITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY PURPOSE OR MERCHANTABILITY), AS TO ACCURACY. THE SYSTEM, USE OF THE SYSTEM CONTENT OR ANY OTHER MATTER, PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE OF THE LAW. CITIBANK FURTHER , AND THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU ALL WARRANTIES OF ANY ERROR IN THE SYSTEM CONTENT KIND, WHETHER EXPRESSED OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICEIMPLIED. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY COMPANY SHALL NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGEINDIRECT, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSINCIDENTAL, INDIRECTCONSEQUENTIAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR EXEMPLARY DAMAGES. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE COMPANY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF (THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ANY INABILITY ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED DATE OF THE POSSIBILITY THEREOFCLAIM. WITHOUT LIMITING THE FOREGOINGIf the applicable law does not allow the limitation of liability as set forth above, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOUthe limitation will be deemed modified solely to the extent necessary to comply with applicable law. THIS IS YOUR SOLE REMEDY This section (AND CITIBANK’S SOLE LIABILITYlimitation of liability) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWshall survive the termination or expiration of this Agreement.
Appears in 1 contract
Samples: www.kanterconsulting.com
Disclaimer of Warranty and Limitation of Liability. YOU AGREE THAT USE OF OR ACCESS TO THE SYSTEM SITE, THE GOODWILL CONTENT AND ALL SYSTEM THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SITE, THE GOODWILL CONTENT AND THE SERVICES ARE PROVIDED “AS AS-IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, THE SERVICES, UNINTERRUPTED OR ERROR FREE ACCESS OR USE OF THE SITE AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONSSERVICES, OR OTHER TERMS GOODWILL CONTENT PROVIDED THROUGH OR IN CONNECTION WITH THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION OUR SOFTWARE OR SERVICES LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE SITE (UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION). SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE, GOODWILL CONTENT OR THE SERVICES, INCLUDING AS TO SATISFACTORY QUALITYWITHOUT LIMITATION ANY AND ALL: (A) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF THE SITE, THE GOODWILL CONTENT OR THE SERVICES; (B) WARRANTIES OF TITLE; (C) WARRANTIES OF NON-INFRINGEMENT; AND (D) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, SUITABILITY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, INOPERABILITY OR MERCHANTABILITYTRANSMISSION, COMPUTER VIRUS, MALICIOUS SOFTWARE, CYBER-ATTACK, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER WE, NOR ANY OF OUR AGENTS, AFFILIATES, OTHER AFFILIATED PERSONS OR ENTITIES, CO-BRANDERS, OR PARTNERS SHALL BE LIABLE FOR ANY DIRECT (IN EXCESS OF THE LIMITATION OF LIABILITY HEREINAFTER PROVIDED), AS TO INDIRECT OR INCIDENTAL DAMAGES, LOST PROFITS OR DATA, OR SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SYSTEMSITE, THE SYSTEM GOODWILL CONTENT OR THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE OF THE SITE OR THE SERVICES WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11LEGAL THEORY, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT WHETHER OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF NOT GOODWILL IS ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, CITIBANK SO THE ABOVE LIMITATION OR EXCLUSION MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. THIS IN NO EVENT SHALL GOODWILL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT, IF ANY, THAT YOU PAID TO GOODWILL OVER THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OF LIABILITY, OR FIFTY DOLLARS, WHICHEVER IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWGREATER.
Appears in 1 contract
Samples: Scope of Agreement
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM PSNC ENERGY CUSTOMER VOICE AT YOUR OWN RISK. THE PSNC ENERGY CUSTOMER VOICE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND PSNC ENERGY HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREINPSNC ENERGY CUSTOMER VOICE. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESPSNC ENERGY DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE PSNC ENERGY CUSTOMER VOICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE PSNC ENERGY CUSTOMER VOICE. THE SERVICE PROVIDERS PROVIDER, ITS AFFILIATES AND PSNC ENERGY SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE PSNC ENERGY CUSTOMER VOICE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE PSNC ENERGY CUSTOMER VOICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE PSNC ENERGY CUSTOMER VOICE, YOUR USE OF (OR RELIANCE ON THE PSNC ENERGY CUSTOMER VOICE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE PSNC ENERGY CUSTOMER VOICE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND PSNC ENERGY, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWSITE.
Appears in 1 contract
Disclaimer of Warranty and Limitation of Liability. 12.1. YOU ACKNOWLEDGE AND AGREE THAT THE SYSTEM FROOGALPAY SOLUTION IS MADE AVAILABLE TO YOU AND ALL SYSTEM CONTENT ARE PROVIDED FURNISHED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND ERRORS. CITIBANK DISCLAIMS ALL EXPRESS EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT AND IMPLIED WARRANTIESTO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAWS AND REGULATIONS, CONDITIONSTHEY ARE MADE AVAILABLE AND FURNISHED WITHOUT ANY REPRESENTATION, REPRESENTATIONSWARRANTY, OR OTHER TERMS CONDITION OF ANY KIND (INCLUDING WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL, LEGAL, STATUTORY, OR IN TORT, WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE CONDUCT OR COMMUNICATIONS (WHETHER ORAL, WRITTEN OR OTHERWISE) BETWEEN YOU AND FROOGALPAY, OR WHETHER ARISING AS A RESULT OF THE NATURE OF THIS AGREEMENT OR IN CONFORMITY WITH USAGE, EQUITY OR LAW, OR OTHERWISE), AND WITHOUT ANY WARRANTIES AS TO SATISFACTORY QUALITYTITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY)FITNESS FOR A GENERAL PURPOSE, AS TO THE SYSTEMQUALITY, THE SYSTEM CONTENT OR ANY OTHER MATTERWORKMANSHIP, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTHIDDEN DEFECTS, CITIBANK DISCLAIMS ANY SECURITY, DELIVERY, GOOD STATE OF REPAIR, OBLIGATION TO KEEP THE SYSTEM CONTENT REPAIR, MAINTAIN, UPDATE OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMUPGRADE, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED IN EACH CASE WITH RESPECT TO THE FROOGALPAY SOLUTION AND ANY OTHER FROOGALPAY PROPERTY. THE USE OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION FROOGALPAY SOLUTION IS AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWOWN RISK.
Appears in 1 contract
Samples: License Agreement
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES, Nando’s Chickenland Ltd. AND ITS CONTENT PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, UK PATENTS, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND Nando’s Chickenland Ltd. DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDER, ITS AFFILIATES, Nando’s Chickenland Ltd. AND ITS CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIAL LOSS OR EXEMPLARY DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING YOU HEREBY AGREE TO RELEASE THE FOREGOINGSERVICE PROVIDER, CITIBANK MAY MAKE ERROR CORRECTIONS AND/ITS AFFILIATES, Nando’s Chickenland Ltd. AND ITS CONTENT PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWWEBSITE.
Appears in 1 contract
Samples: Firestarters Terms of Use
Disclaimer of Warranty and Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SYSTEM SERVICES AND ALL SYSTEM INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “ON AN "AS IS” " AND “"AS AVAILABLE”" BASIS. CITIBANK THE BANK EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES OF ANY KIND AS TO THE SERVICES AND IMPLIED WARRANTIESALL INFORMATION, CONDITIONS, REPRESENTATIONS, OR PRODUCTS AND OTHER TERMS CONTENT (INCLUDING AS THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO SATISFACTORY QUALITYTHE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. THE BANK MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, SUITABILITY (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR MERCHANTABILITY)ERROR-FREE, AS (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE SYSTEMDOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SYSTEM CONTENT BANK THROUGH OR ANY OTHER MATTER, TO FROM THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS SERVICES WILL CREATE ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWNOT EXPRESSLY STATED IN THESE TERMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE LIMITATION OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICELIABILITY. YOU ACKNOWLEDGE AGREE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH NEITHER THE INTERNET BANK NOR ANY OF ITS AFFILIATES OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT ACCOUNT CUSTOMERS WILL BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY LIABLE FOR ANY SECURITY BREACH THAT DOES XXXXX, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITESLIMITED TO, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY DAMAGES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECTGOODWILL, SPECIALUSE, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OFDATA, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISEOTHER INTANGIBLE LOSSES, EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING OF SUCH DAMAGES, RESULTING FROM (I) THE FOREGOINGUSE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES; (III) ANY PRODUCTS, CITIBANK MAY MAKE ERROR CORRECTIONS AND/DATA, INFORMATION OR REPROCESS AN AGREED TRANSACTION AT SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE AGREED RATESERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWSERVICES.
Appears in 1 contract
Samples: Personal Online Banking Terms and Conditions Agreement
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND ICAOS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY APPLICABLE LAWTHE WEBSITE. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT ICAOS DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTWEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESSWILL BE TRANSMITTED ON THE WEBSITE. CITIBANK DOES ICAOS SHALL NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOINGYOU HEREBY AGREE TO RELEASE ICAOS AND EACH OF THEIR RESPECTIVE DIRECTORS, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. TERMINATION OR SUSPENSION OF ACCESS TO THE EXTENT POSSIBLEWEBSITE: ICAOS has the right to terminate and/or suspend your ability to access the Website or any portion thereof, AT NO ADDITIONAL CHARGE TO YOUfor any or no reason, without notice. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERRORJURISDICTION: ICAOS makes no representation that materials on the Website are appropriate or available in any particular location. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWThose who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Appears in 1 contract
Samples: Website User Agreement
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND INSTITUTE OF DIRECTORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND INSTITUTE OF DIRECTORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDERS PROVIDER, ITS AFFILIATES AND INSTITUTE OF DIRECTORS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING YOU HEREBY AGREE TO RELEASE THE FOREGOINGSERVICE PROVIDER, CITIBANK MAY MAKE ERROR CORRECTIONS AND/ITS AFFILIATES AND INSTITUTE OF DIRECTORS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWSITE.
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND WE MAKE NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, WARRANTY OF MERCHANTABILITY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY IN CONNECTION WITH THE ONLINE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT ONLINE SERVICES WILL OPERATE WITHOUT ERRORS OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT THAT ANY OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWALL ONLINE SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. EXCEPT AS EXPRESSLY SPECIFICALLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY OTHERWISE REQUIRED BY LAW, YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMAGREE THAT OUR OFFICERS, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATESDIRECTORS, EMPLOYEES, AGENTS OR ANY THIRD PARTY CONTRACTORS ARE NOT LIABLE FOR ANY LOSS INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR DAMAGECONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO ONLINE SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECTREVENUE, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION DATA OR USE OF (BY YOU OR ANY INABILITY THIRD PARTY, WHETHER, IN AN ACTION, IN CONTRACT OR TORT OR BASED ON A WARRANTY OR WHETHER WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES, FURTHER, IN NO EVENT SHALL THE LIABILITY OF BANK OF GUAM AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO USE) THE SYSTEM AND SYSTEM CONTENTYOU THROUGH ONLINE SERVICES. We will not be obligated to honor, WHETHER IN CONTRACTin whole or in part, TORT (INCLUDING NEGLIGENCE)any transaction or instruction which: • is not in accordance with any term or condition applicable to the relevant Online Service or eligible account; • we have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, STATUTE OR OTHERWISEdispute, EVEN IF ADVISED OF THE POSSIBILITY THEREOFrestriction or legal process we believe prevents their withdrawal; • would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines; • would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority; • is not in accordance with any other requirement of our applicable policies, procedures or practices; or • we have reasonable cause not to honor for our or your protection. WITHOUT LIMITING THE FOREGOINGThis provision is for the benefit of Bank and not you, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWand it does not modify any provision of this Agreement or applicable law which limits Bank’s liability to you.
Appears in 1 contract
Samples: Terms And
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH YOU ARE USING THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR DOMINION ENERGY SCCPROVIDER,ITS AFFILIATES, EMPLOYEESDOMINION ENERGY SOUTH CAROLINA DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE DOMINION ENERGY SOUTH CAROLINA CUSTOMER VOICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE DOMINION ENERGY SOUTH CAROLINA CUSTOMER VOICE. THE SERVICE PROVIDERS PROVIDER, ITS AFFILIATES AND DOMINION ENERGY SOUTH CAROLINA SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE DOMINION ENERGY SOUTH CAROLINA CUSTOMER VOICE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE DOMINION ENERGY SOUTH CAROLINA CUSTOMER VOICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE DOMINION ENERGY SOUTH CAROLINA CUSTOMER VOICE, YOUR USE OF (OR RELIANCE ON THE DOMINION ENERGY SOUTH CAROLINA CUSTOMER VOICE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE DOMINION ENERGY SOUTH CAROLINA CUSTOMER VOICE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND DOMINION ENERGY SOUTH CAROLINA, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWSITE.
Appears in 1 contract
Samples: Terms of Use Agreement
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND THE SLOT EXPERTS PANEL VIEWS PANEL HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND THE SLOT EXPERTS PANEL DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDERS PROVIDER, ITS AFFILIATES AND THE SLOT EXPERTS PANEL SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, ITS AFFILIATES AND THE SLOT EXPERTS PANEL, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. Power Systems Innovations, Inc and its successors, distributors, jobbers, and dealers (hereafter “SELLER”) shall in no way be responsible for the product's proper use and service. It is the installer's responsibility to check for proper installation and if in doubt, contact the manufacturer. The SELLER assumes no liability regarding the improper installation or misapplication of its products. BUYER ACKNOWLEDGES IT HAS HAD THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED OPPORTUNITY TO FULLY INSPECT THE PRODUCT. ACCORDINGLY, BUYER ACKNOWLEDGES THAT THE PRODUCT IS BEING SOLD IN “AS IS/WHERE IS” CONDITION AND “WITH ALL FAULTS. EXCEPT AS AVAILABLE”. CITIBANK DISCLAIMS OTHERWISE PROVIDED HEREIN, THERE ARE NO EXPRESS WARRANTIES WITH RESPECT TO THE GOODS, AND ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONSINCLUDING BUT NOT LIMITED TO, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND MERCHANTABILITY ARE LIKEWISE HEREBY EXPRESSLY AND FULLY DISCLAIMED. SELLER SHALL NOT BE HELD LIABLE FOR SPECIAL, SUITABILITY INDIRECT, INCIDENTAL OR MERCHANTABILITY), AS CONSEQUENTIAL DAMAGES OF ANY NATURE WITH RESPECT TO THE SYSTEMPRODUCTS (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SALES, LOSS OF PRODUCTION, PROPERTY DAMAGE, PERSONAL INJURY OR LOSS OR DAMAGE RESULTING FROM INTERRUPTION OR FAILURE IN OPERATION OF THE SYSTEM CONTENT OR ANY OTHER MATTERPRODUCTS) AND BUYER HEREBY EXPRESSLY WAIVES AND DISCLAIMS ALL SUCH LIABILITY CLAIMS. THE BUYER ACKNOWLEDGES AND AGREES THAT THE DISCLAIMER OF LIABILITY CONTAINED HEREIN IS A MATERIAL TERM OF THE SALE OF THE PRODUCT AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BUYER SHALL DEFEND, INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, CONTROVERSIES, LIABILITIES, FINES, LOSSES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS’ FEES, EXPERT WITNESS EXPENSES AND LITIGATION EXPENSES) ARISING FROM OR RELATED TO SELLER’S PRODUCTS. CITIBANK FURTHER DISCLAIMS ANY LIMITED LIFETIME WARRANTY AS TO NON-INFRINGEMENT TO Power Systems Innovations, Inc (hereafter "SELLER") warrants that the product supplied shall conform to SELLER’s specifications and shall be free from defects in design, material or workmanship for the life of the original BUYER. This Warranty shall not be extended, transferred, assigned or varied except by a written instrument signed by SELLER and BUYER. Products that have been returned to SELLER during the warranty period and accompanied by a dated proof of purchase receipt, with shipping and handling paid by the BUYER, and found to be defective in design, material or workmanship, in SELLER’s sole discretion, may be repaired or replaced at SELLER’s option and cost. All warranty claims hereunder are subject to approval by SELLER upon examination of the product. If the product is found not to be defective by SELLER, the product may be returned to BUYER at BUYERS cost. Under no circumstances shall the SELLER be liable for any labor charged or travel time incurred in diagnosis for defects, removal, or reinstallation of this product, or any other expenses. This warranty is void on any products that show evidence of misapplication, negligence, improper installation, abuse, lack of proper maintenance or alteration from its original design. IN THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN EVENT THAT THE BUYER DOES NOT AGREE WITH THIS AGREEMENT: THE BUYER MAY PROMPTLY RETURN THIS PRODUCT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE IN A NEW AND UNUSED CONDITION, WITH A DATED PROOF OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATEPURCHASE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOUPLACE OF PURCHASE WITHIN THIRTY (30) DAYS FROM DATE OF PURCHASE FOR A FULL REFUND. THE INSTALLATION OF THIS IS YOUR SOLE REMEDY (PRODUCT INDICATES THAT THE BUYER HAS READ AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN UNDERSTANDS THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.AND ACCEPTS ITS TERMS AND CONDITIONS. Xxxx Deere 10.5L & 12.5L Module HP9001 INSTALLATION INSTRUCTIONS For 10.5L & 12.5L Xxxx Deere Engines
Appears in 1 contract
Samples: www.agdieselsolutions.com
Disclaimer of Warranty and Limitation of Liability. TO THE SYSTEM AND FULL EXTENT ALLOWED BY APPLICABLE LAW, HOTDROP MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, THE SAMPLES, INCLUDING THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE, SOFTWARE, CONTENT OR DATA PROVIDED BY THIRD PARTIES, THAT THE SERVICES WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL SYSTEM CONTENT ARE PROVIDED ERRORS IN THE SERVICES WILL BE CORRECTED. HOTDROP PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS HOTDROP INCURS NO RESPONSIBILITY OR LIABILITY IN RESPECT OF COVER SONGS FOR WHICH WE CAN SECURE COVER MECHANICAL LICENSES. ANY WARRANTY AND LIABILITY APPLICABLE TO COVER SONGS ARE THOSE WHICH MAY BE EXPRESSLY GRANTED BY THEIR LICENSORS, IF ANY, TO THE EXTENT YOU MAY LEGALLY OPPOSE THE SAME TO THESE LICENSORS, AND SUBJECT TO ANY DISCLAIMER AND LIMITATION IMPOSED BY THESE LICENSORS. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, HOTDROP’S WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL EXPRESS AND IMPLIED OTHER WARRANTIES, CONDITIONSEXPRESS OR IMPLIED, REPRESENTATIONSEITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR OTHER TERMS (INCLUDING AS WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO SATISFACTORY QUALITYTHE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY)SATISFACTORY QUALITY, AS CORRESPONDENCE WITH DESCRIPTION AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST FULL EXTENT PERMITTED ALLOWED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS , IN NO EVENT SHALL HOTDROP, ITS AFFILIATES, ITS OFFICERS, ITS DIRECTORS, ITS EMPLOYEES, ITS AGENTS, ITS SUPPLIERS, ITS LICENSORS AND ITS LICENSEES HAVE ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKSLIABILITY, WHETHER PUBLIC BASED IN CONTRACT, DELICT OR PRIVATETORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITESDIRECT, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSINCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR CONSEQUENTIAL FOR (DIRECT OR INDIRECT) LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR DAMAGES ARISING OUT CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITHWITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTSERVICE, WHETHER IN CONTRACTFORESEEABLE OR NOT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, AND EVEN IF HOTDROP HAD BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING IN THE FOREGOINGEVENT THAT HOTDROP IS FOUND LIABLE TO PAY YOU ANY DAMAGES, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, HOTDROP’S TOTAL CUMULATIVE LIABILITY TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN YOU UNDER THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING NOT EXCEED US$100. THE ABOVE LIMITATIONS OF LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY WILL NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWAFFECTED EVEN IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
Appears in 1 contract
Samples: assets.website-files.com
Disclaimer of Warranty and Limitation of Liability. LavenirAI shall use reasonable efforts consistent with prevailing industry standards to maintain Product in a manner which minimizes errors and interruptions. YOU EXPRESSLY AGREE THAT USE OF THE SYSTEM AND ALL SYSTEM CONTENT ARE PRODUCT IS AT YOUR SOLE RISK. THE PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”” BASIS. CITIBANK LAVENIRAI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS AND IMPLIED WARRANTIESOR IMPLIED, CONDITIONSINCLUDING, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS BUT NOT LIMITED TO SATISFACTORY QUALITYANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, SUITABILITY NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WE MAKE NO WARRANTY THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR MERCHANTABILITY)BE AVAILABLE ON AN UNINTERRUPTED, AS SECURE, OR ERROR- FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE PRODUCT OR ANY CONTENT. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SYSTEMPRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE SYSTEM CONTENT OR ANY OTHER MATTER, DATE OF FIRST USE. YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED BY UNDER APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED , IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT NO EVENT WILL LAVENIRAI OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATESOFFICERS, EMPLOYEES, AGENTSDIRECTORS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOUSHAREHOLDERS, YOUR PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGEINDIRECT, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECTINCIDENTAL, SPECIAL, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIAL EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR DAMAGES OTHER INTANGIBLE LOSSES ARISING OUT OF, OF OR IN CONNECTION WITH, THE PROVISION RELATED TO OR ARISING OUT OF YOUR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTPRODUCT, REGARDLESS OF WHETHER IN SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCENEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLETHAT WE MAY NOT, AT 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 OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT ANY ASPECT OF THE PRODUCT WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE, OR THAT ANY ASPECT OF THE PRODUCT WILL MEET YOUR NEEDS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR PRODUCT FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PRODUCT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PRODUCT, OR ON ANY PRODUCTS OR SERVICES LINKED TO IT. NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANKEVENT WILL LAVENIRAI’S SOLE LIABILITY) TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH ERRORTHIS XXXX OR FROM THE USE OF OR INABILITY TO USE THE PRODUCT EXCEED TEN DOLLARS ($10). NOTHING IN THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUDING EXCLUSION OF LIABILITY FOR DEATH INCIDENTAL OR PERSONAL INJURY CAUSED BY NEGLIGENCE CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH EXCLUSION MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWAPPLY TO YOU.
Appears in 1 contract
Samples: End User License Agreement
Disclaimer of Warranty and Limitation of Liability. IIB makes no warranty of any kind, expressed or implied, in connection with the Service provided to you under this Agreement. We do not and cannot warrant that the Service will operate without errors or will be avai lable and operational at all times. 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 injur y whether caused by the equipment, software, IIB, Internet browser providers, Internet access providers, 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, consequential, economic, or other damages, including those arising in any way out of the installation, use, or maintenance of the equipment, software, online financial services, or Internet browser or access software. EXCEPT AS SPECIFIED ABOVE OR AS MAY OTHERWISE BE PROVIDED BY LAW, IIB SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION IN CONNECTION WITH THE SYSTEM SERVICE, AND IIB’S CUMULATIVE LIABILITY IN ANY ONE CALENDAR YEAR, SHOULD IT BE FOUND TO EXIST NOTWITHSTANDING THIS PROVISION, SHALL NOT EXCEED THE FEES YOU HAVE PAID FOR THE SERVICE(S) IN THAT CALENDAR YEAR. IIB HEREBY DISCLAIMS, FOR ITSELF AND/OR ANY OTHER SERVICE PROVIDER, ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONSEITHER EXPRESSED, REPRESENTATIONSIMPLIED, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYSTATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT LACK OF VIRUSES. IN NO EVENT SHALL IIB OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED SERVICE PROVIDER BE LIABLE FOR (1) DAMAGES CAUSED OTHER THAN BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S ITS OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, (2) INDIRECT, SPECIAL, PUNITIVE INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWDAMAGES.
Appears in 1 contract
Samples: ibank.pcs-sd.net
Disclaimer of Warranty and Limitation of Liability. STRATASYS PROVIDES DOCUMENTATION, SERVICES AND THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “SOFTWARE "AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS (" WITHOUT WARRANTY OF ANY KIND INCLUDING AS TO SATISFACTORY QUALITYWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE SOFTWARE IS A PRE-RELEASE VERSION THAT DOES NOT REPRESENT A FINAL PRODUCT, AND MAY CONTAIN BUGS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES OF THE SOFTWARE OR MERCHANTABILITY)CONNECTED HARDWARE. STRATASYS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY SELECT AND OBTAIN BY USING THE SOFTWARE OR ANY DESIGNS YOU MAY PREPARE FOR 3D PRINTING. STRATASYS DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. IN THE EVENT THAT THE WARRANTY FAILS ITS ESSENTIAL PURPOSE, AS LICENSEE’S RECOVERY OF ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE SYSTEM, LIABILITY AS DEFINED IN THE SYSTEM CONTENT OR ANY OTHER MATTER, LIMITATION OF LIABILITY HEREAFTER. TO THE FULLEST EXTENT PERMITTED PERMISSIBLE BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY STRATASYS SHALL NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY LIABLE FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITESINDIRECT, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECTEXEMPLARY, SPECIAL, PUNITIVE CONSEQUENTIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR SIMILAR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF SUCH POSSIBILITY. IN NO EVENT SHALL THE POSSIBILITY THEREOFLIABILITY OF STRATASYS EXCEED THE ACTUAL AMOUNT PAID BY PARTICIPANT FOR THE SOFTWARE, OR ONE HUNDRED DOLLARS ($100) WHICHEVER IS GREATER. WITHOUT LIMITING STRATASYS DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/PRODUCTS OR REPROCESS AN AGREED TRANSACTION AT OTHER OUTPUT PRODUCED BY PARTICIPANT BY MEANS OF THE AGREED RATE, TO USE OF THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOUSOFTWARE. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERRORThe warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of this Agreement between Stratasys and Participant. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWStratasys would not be able to provide the Software on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Stratasys’ suppliers.
Appears in 1 contract
Samples: Terms and Conditions for Api Trial
Disclaimer of Warranty and Limitation of Liability. EXCEPT FOR THE SYSTEM PRECEDING LIMITED WARRANTY, CLOUDHOUSE MAKES, AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” CUSTOMER RECEIVES, NO OTHER WARRANTIES RELATED TO THE LICENSED SOFTWARE OR THE SUBSCRIPTION SERVICES WHETHER EXPRESS, IMPLIED OR STATUTORY, AND “AS AVAILABLE”. CITIBANK CLOUDHOUSE SPECIFICALLY DISCLAIMS ALL EXPRESS AND ANY IMPLIED WARRANTIESWARRANTIES OF MERCHANTABILITY, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY AND NON-INFRINGEMENT. CLOUDHOUSE DOES NOT WARRANT THAT THE OPERATION OF THE LICENSED SOFTWARE OR MERCHANTABILITY)THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. CLOUDHOUSE SHALL NOT BE LIABLE FOR ANY INDIRECT, AS INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUE, LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF SYSTEMS OR NETWORKS OR THE RECOVERY OF SUCH DATA, SYSTEMS OR NETWORKS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF CONTRACT, LOSS OF GOODWILL OR REPUTATION UNDER ANY PART OF THIS AGREEMENT EVEN IF ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED CONTRARY SET FORTH IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMMAXIMUM EXTENT PERMITTED BY LAW, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL CLOUDHOUSE’S CUMULATIVE LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OF OR IN CONNECTION WITHWITH THIS AGREEMENT HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, FOR NEGLIGENCE OR OTHER TORT) SHALL NOT EXCEED THE AMOUNTS OF THE SUBSCRIPTION FEES PAID FOR THE SPECIFIC SUBSCRIPTION SERVICES GIVING RISE TO SUCH CLAIM DURING THE PRIOR TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE RELEVANT CAUSE OF ACTION AROSE. THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL NOT APPLY TO CLAIMS FOR PERSONAL OR BODILY INJURY, INCLUDING DEATH CAUSED BY THE NEGLIGENT, WILFUL OR INTENTIONAL ACTS OF A PARTY OR ITS REPRESENTATIVES. IF THE APPLICABLE LAW OF THE JURISDICTION PROHIBITS ANY LIMITATION IN THIS SECTION, THE PROVISION OR USE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED AND THE REMAINDER OF THIS SECTION SHALL CONTINUE IN FULL FORCE AND EFFECT. Warranty by Customer. Customer warrants and represents that it has full power to enter into and perform this Agreement and that the person agreeing to or executing this Agreement either electronically or on paper, on its behalf is duly authorized to do so. Customer warrants and represents that it has the full power and authority to grant the licence pursuant to Section 2.8 and that Cloudhouse’s use of the Customer Materials pursuant to this Agreement shall not infringe the rights (OR ANY INABILITY TO USEincluding Intellectual Property Rights) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWof any person or third party.
Appears in 1 contract
Disclaimer of Warranty and Limitation of Liability. WE WILL BE RESPONSIBLE ONLY FOR PERFORMING THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”SERVICES SPECIFICALLY DESCRIBED IN THIS SECTION. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESYOU AGREE THAT OUR STANDARD OF CARE IS MET BY PAYING ITEMS IN ACCORDANCE WITH THE PROVISIONS HEREOF. WE WILL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY YOU, CONDITIONSINCLUDING WITHOUT LIMITATION THE AMOUNT, REPRESENTATIONSACCURACY, TIMELINESS OF DELIVERY OR YOUR AUTHORIZATION OF ANY ITEM OR INSTRUCTION RECEIVED, OR ANY ACT OR OMISSION OF ANY OTHER TERMS (PERSON, INCLUDING WITHOUT LIMITATION ANY TRANSMISSION OR COMMUNICATIONS FACILITY ANDIOR DATA PROCESSOR OF YOURS, AND NO SUCH PERSON WILL BE DEEMED TO BE OUR AGENT FOR ANY PURPOSE. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THIS SECTION. WE DO NOT AND CANNOT WARRANT THAT THE INTERNET BANKING SYSTEM WILL OPERATE WITHOUT ERRORS, OR THAT ANY OR ALL SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR FAILURES FROM ANY MALFUNCTION OF YOUR COMPUTER OR ANY SOFTWARE NOR ARE WE RESPONSIBLE FOR ANY ELECTRONIC VIRUS, VIRUSES, WORMS OR SIMILAR SOFTWARE THAT YOU MAY ENCOUNTER. IN ADDITION, YOU ARE SOLELY RESPONSIBLE FOR INSTALLING APPROPRIATE SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANTI‐VIRUS AND ANTISPYWARE SOFTWARE, AS WELL AS FIREWALL(S) ON YOUR COMPUTER HARDWARE TO SATISFACTORY QUALITYPREVENT KEY LOGGING ANDIOR OTHER INTRUSIONS THAT MAY ALLOW A THIRD PARTY TO UNLAWFULLY VIEW ACTIVITY ON YOUR COMPUTER. GreenState Credit Union HAS NO LIABILITY TO YOU FOR ANY DAMAGE OR OTHER LOSS, DIRECT OR CONSEQUENTIAL, WHICH YOU MAY SUFFER OR INCUR BY REASON OF YOUR USE OF YOUR COMPUTER OR THE SOFTWARE. FURTHERMORE, THE GreenState Credit Union MAKES NO WARRANTY OR REPRESENTATION REGARDING THE COMPUTER, ANY RELATED SOFTWARE OR YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY . YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE TO ACT OR MERCHANTABILITY), AS TO THE SYSTEMDELAY IN ACTING IF SUCH FAILURE IS CAUSED BY LEGAL CONSTRAINT, THE SYSTEM CONTENT INTERRUPTION OF TRANSMISSION OR COMMUNICATION FACILITIES, C O M P U T E R M A L F U N C T I O N OR E Q U I P M E N T F A I L U R E , W A R , E M E R G E N C Y C O N D I T I O N S , OR OTHER CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL. IN ADDITION, WE SHALL BE EXCUSED FROM DELAY OR FAILURE TO TRANSMIT AN ENTRY IF SUCH TRANSMITIAL WOULD RESULT IN OUR HAVING VIOLATED ANY PROVISION OF ANY PRESENT OR FUTURE RISK CONTROL PROGRAM OF THE FEDERAL RESERVE OR ANY RULE OR REGULATION OF ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWGOVERNMENTAL REGULATORY AUTHORITY. EXCEPT AS EXPRESSLY SPECIFICALLY PROVIDED IN THIS AGREEMENTSECTION, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY OTHERWISE REQUIRED BY LAW, YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMAGREE THAT OUR OFFICERS, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATESDIRECTORS, EMPLOYEES, AGENTS OR ANY THIRD PARTY CONTRACTORS ARE NOT LIABLE FOR ANY LOSS INDIRECT, INCIDENTAL, SPECIAL OR DAMAGECONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS SECTION OR BY REASON OF YOUR USE OF OR ACCESS TO XXXX PAY, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECTREVENUE, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION DATA OR USE OF (BY YOU OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTTHIRD PARTY, WHETHER IN CONTRACTAN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY. FURTHER, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT IN NO EVENT WILL OUR LIABILITY HEREUNDER EXCEED THE AGREED RATE, AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOUYOU THROUGH THIS AGREEMENT DURING ANY SIX (6) MONTH PERIOD. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING YOU ACKNOWLEDGE THAT EACH PROVISION IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING AGREEMENT, WHETHER OR EXCLUDING LIABILITY FOR DEATH NOT BOLD‐ FACED OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.OTHERWISE HIGHLIGHTED, IS CONSPICUOUS AND HAS
Appears in 1 contract
Samples: www.greenstate.org
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ADVANCE HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONSEXPRESS OR IMPLIED, REPRESENTATIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYRELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR HEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND ADVANCE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDERS PROVIDER, ITS AFFILIATES AND ADVANCE SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, ITS AFFILIATES AND ADVANCE, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM YOU ACKNOWLEDGE THAT YOU ARE USING SPARK SQUAD AT YOUR OWN RISK. SPARK SQUAD IS PROVIDED "AS IS", AND WE AND OUR AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY APPLICABLE LAWSPARK SQUAD. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS WE AND OUR AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTSPARK SQUAD WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESSWILL BE TRANSMITTED ON SPARK SQUAD. CITIBANK DOES WE AND OUR AFFILIATES SHALL NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION OF SPARK SQUAD HEREUNDER, YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE SPARK SQUAD, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM SPARK SQUAD, YOUR RELIANCE ON SPARK SQUAD OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTINFORMATION OR CONTENT AVAILABLE ON SPARK SQUAD, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOINGYOU HEREBY AGREE TO RELEASE US AND OUR AFFILIATES, CITIBANK MAY MAKE ERROR CORRECTIONS AND/AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS IN ANY WAY CONNECTED WITH YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWUSE OF SPARK SQUAD.
Appears in 1 contract
Samples: User Agreement
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES, Nudge Now (Pty) Ltd. AND ITS CONTENT PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICEPROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND Nudge Now (Pty) Ltd. DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDER, ITS AFFILIATES, Nudge Now (Pty) Ltd. AND ITS CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING YOU HEREBY AGREE TO RELEASE THE FOREGOINGSERVICE PROVIDER, CITIBANK MAY MAKE ERROR CORRECTIONS AND/ITS AFFILIATES, Nudge Now (Pty) Ltd. AND ITS CONTENT PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWWEBSITE.
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. Service has bugs. While we will monitor the Service and try to fix bugs that we spot or are notified to us, you accept that we cannot guarantee that the Service will be bug-free or will work all the time. THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND ONE WIFI DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. IF YOU HAVE CONCERNS YOU SHOULD NOT USE THE SYSTEM SERVICE OR SERVICE. WE CANNOT GUARANTEE THAT YOUR USE OF THE WIRELESS SERVICES THROUGH ONE WIFI , INCLUDING THE CONTENT OR COMMUNICATIONS TO OR FROM YOU, WILL NOT BE VIEWED BY UNAUTHORIZED THIRD PARTIES. Except for certain products and services specifically identified as being offered by One WiFi , One WiFi does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. One WiFi has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for use of the services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the Internet. NO OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, ARE MADE BY LICENSOR WITH RESPECT TO THE SERVICE AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” THE ACCOMPANYING DOCUMENTATION (STATUTORY OR OTHERWISE), AND “AS AVAILABLE”. CITIBANK ONE WIFI EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES AND CONDITIONS NOT EXPRESSLY STATED HEREIN, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIESWARRANTIES OR CONDITIONS OF MERCHANTABILITY, CONDITIONSNONINFRINGEMENT, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK ONE WIFI DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SYSTEM CONTENT SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR INFORMATION DISPLAYED THROUGH ERROR FREE, OR THAT ALL DEFECTS IN THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICESERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET assume the entire risk as to the results and performance of the ONE WIFI SERVICE. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply. IN NO EVENT SHALL ONE WIFI OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT ITS AGENTS BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY LIABLE FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIAL INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF REVENUE, LOSS OF SERVICE OR DAMAGES ANY DATA, LOSS OF USE OF HARDWARE, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, WAIST OF MANAGEMENT OR OTHER STAFF TIME OR OTHER PECUNIARY LOSS) ARISING OUT OF, OR IN CONNECTION WITH, OF THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISEUSE THESE ONE WIFI SERVICE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOINGSubject to Sections 8(b) and 8(c), CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATEOne WiFi 's total aggregate liability arising from or in connection with this Agreement and in relation to which anything that One WiFi may have done or not done in connection with this Agreement (and whether the liability arises because of breach of contract, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITYnegligence or for any other reason) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWshall be limited in all cases to an amount equal to 125% of the total amount of fees paid or payable by you to One WiFi during the one year period preceding the event giving rise to your claim.
Appears in 1 contract
Samples: hotspot5.onewifi.com
Disclaimer of Warranty and Limitation of Liability. STRATASYS PROVIDES DOCUMENTATION, SERVICES AND THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “SOFTWARE "AS IS” " WITHOUT WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT THE SOFTWARE IS A PRE-RELEASE VERSION THAT DOES NOT REPRESENT A FINAL PRODUCT, SUITABILITY AND MAY CONTAIN BUGS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES OF THE SOFTWARE OR MERCHANTABILITY)CONNECTED HARDWARE. STRATASYS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY SELECT AND OBTAIN BY USING THE SOFTWARE OR ANY DESIGNS YOU MAY PREPARE FOR 3D PRINTING. STRATASYS DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. IN THE EVENT THAT THE WARRANTY FAILS ITS ESSENTIAL PURPOSE, AS LICENSEE’S RECOVERY OF ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE SYSTEM, LIABILITY AS DEFINED IN THE SYSTEM CONTENT OR ANY OTHER MATTER, LIMITATION OF LIABILITY HEREAFTER. TO THE FULLEST EXTENT PERMITTED PERMISSIBLE BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY STRATASYS SHALL NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY LIABLE FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITESINDIRECT, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECTEXEMPLARY, SPECIAL, PUNITIVE CONSEQUENTIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR SIMILAR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF SUCH POSSIBILITY. IN NO EVENT SHALL THE POSSIBILITY THEREOFLIABILITY OF STRATASYS EXCEED THE ACTUAL AMOUNT PAID BY TESTER FOR THE SOFTWARE, OR ONE HUNDRED DOLLARS ($100) WHICHEVER IS GREATER. WITHOUT LIMITING STRATASYS DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/PRODUCTS OR REPROCESS AN AGREED TRANSACTION AT OTHER OUTPUT PRODUCED BY TESTER BY MEANS OF THE AGREED RATE, TO USE OF THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOUSOFTWARE. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERRORThe warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of this Agreement between Stratasys and Tester. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWStratasys would not be able to provide the Software on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Stratasys’ suppliers.
Appears in 1 contract
Samples: Evaluation Agreement for Stratasys
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM WEBSITE AND ALL SYSTEM CONTENT ARE INFORMATION CONTAINED ON OR ACCESSED FROM THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CITIBANK DISCLAIMS ALL EXPRESS CONDITIONS, REPRESENTATIONS AND IMPLIED WARRANTIES, CONDITIONSWHETHER EXPRESS, REPRESENTATIONSIMPLIED, STATUTORY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS YOU AGREE TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTRELEASE TD, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11ITS AFFILIATES, AND EXCEPT IN THE CASE THIRD PARTY SERVICE PROVIDERS, AND EACH OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCETHEIR RESPECTIVE DIRECTORS, NEITHER CITIBANK NOR ITS AFFILIATESOFFICERS, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOUSUCCESSORS, YOUR AFFILIATESAND ASSIGNS (“RELEASEES”) FROM CLAIMS, EMPLOYEESLOSSES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGEDEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSKNOWN AND UNKNOWN, INDIRECTSUSPECTED AND UNSUSPECTED, SPECIALDISCLOSED AND UNDISCLOSED ("CLAIMS"), PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OF OR IN CONNECTION WITHANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE. COMMENTS OR OPINIONS EXPRESSED ON THE WEBSITE ARE THOSE OF THEIR RESPECTIVE USERS ONLY AND NOT OF TD. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE PROVISION USER CONTENT POSTED, UPLOADED OR USE OF (OTHERWISE SUBMITTED TO OR THROUGH THE WEBSITE. ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS PRODUCTS AND/OR REPROCESS SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE WEBSITE IS NOT AN AGREED TRANSACTION AT THE AGREED RATEOFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE ANY PERSON TO YOUWHOM IT IS UNLAWFUL TO MAKE A SOLICITATION. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN YOU EXPRESSLY ACKNOWLEDGE THAT TD HAS ENTERED THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING WITH YOU AND MAKES THE WEBSITE AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWAND THE DISCLAIMERS SET FORTH HEREIN.
Appears in 1 contract
Samples: Terms of Use Agreement
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM AND ALL SYSTEM CONTENT ARE APP AT YOUR OWN RISK. THE APP IS PROVIDED “AS IS” ”, AND “AS AVAILABLE”. CITIBANK DISCLAIMS THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREINAPP. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR AND ITS THIRD PARTY INFORMATION SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE APP WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE APP. SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE APP HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE APP, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE APP, YOUR USE OF (OR RELIANCE ON THE APP OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE APP, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. THIS IS YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) USE OF THE APP. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: “A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR.”
Appears in 1 contract
Samples: Soundog® Mobile Phone Application Terms of Use Agreement
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH YOU ARE USING THE INTERNET OR OTHER NETWORKSDOMINION ENERGY SCC PROVIDER, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESDOMINION ENERGY VIRGINIA DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE DOMINION ENERGY VIRGINIA CUSTOMER VOICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE DOMINION ENERGY VIRGINIA CUSTOMER VOICE. THE SERVICE PROVIDERS PROVIDER, ITS AFFILIATES AND DOMINION ENERGY VIRGINIA SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE DOMINION ENERGY VIRGINIA CUSTOMER VOICE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE DOMINION ENERGY VIRGINIA CUSTOMER VOICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE DOMINION ENERGY VIRGINIA CUSTOMER VOICE, YOUR USE OF (OR RELIANCE ON THE DOMINION ENERGY VIRGINIA CUSTOMER VOICE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE DOMINION ENERGY VIRGINIA CUSTOMER VOICE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND DOMINION ENERGY VIRGINIA, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWSITE.
Appears in 1 contract
Disclaimer of Warranty and Limitation of Liability. ACCESS TO AND USE OF THE SYSTEM SYSTEM, THE SERVICES AND ALL SYSTEM CONTENT ARE THE SERVICES WEB SITE IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE”” BASIS. CITIBANK DISCLAIMS ALL RISKS PERTAINING TO THE RESULTS, PERFORMANCE AND USE OF THE SYSTEM, THE SERVICES AND THE SERVICES WEB SITE ARE ASSUMED BY YOU. NEITHER CREDIT UNION NOR BSAM MAKES ANY WARRANTY OF ANY KIND, EXPRESS AND OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, WARRANTY OF MERCHANTABILITY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, IN CONNECTION WITH THE SYSTEM CONTENT OR THE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. NEITHER CREDIT UNION NOR BSAM WARRANTS THAT THE SYSTEM WILL OPERATE WITHOUT ERRORS, OR THAT ANY OTHER MATTER, TO OR ALL THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWSERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. EXCEPT AS EXPRESSLY SPECIFICALLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY OTHERWISE REQUIRED BY LAW, YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMAGREE THAT NEITHER OUR NOR BSAM OFFICERS, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATESDIRECTORS, EMPLOYEES, AGENTS OR ANY THIRD PARTY CONTRACTORS ARE LIABLE FOR ANY LOSS INDIRECT, INCIDENTAL, SPECIAL OR DAMAGECONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO THE SYSTEM, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECTREVENUE, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION DATA OR USE OF (BY YOU OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTTHIRD PARTY, WHETHER IN CONTRACTAN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY. YOU AGREE THAT BSAM MERELY PROVIDES A VENUE TO YOU AND THE CREDIT UNION TO ACCESS INFORMATION GENERATED BY THE CREDIT UNION AND THAT BSAM MAKES NO WARRANTIES OR REPRESENTATIONS AND SHALL HAVE NO LIABILITY OF ANY KIND FOR THE INFORMATION PROVIDED THROUGH THE SYSTEM. Proprietary Rights – All logos, TORT (INCLUDING NEGLIGENCE)service marks, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOFtradenames and trademarks contained within the Services Web Site are the sole property of BSAM or Credit Union. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWIt is prohibited for anyone to use such trademarks without prior written consent.
Appears in 1 contract
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE MADISON AVENUE BID, ITS AFFILIATES, THE WALL STREET JOURNAL, ANY BUSINESSES OR STORES PARTICIPATING IN THE MADISON AVENUE WATCH WEEK, AND ITS OR THEIR THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMBID, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESTHE WALL STREET JOURNAL, AGENTSPARTICIPATING RETAILERS, LICENSORS OR AND ITS AND THEIR THIRD PARTY INFORMATION SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE BID, ITS AFFILIATES, THE WALL STREET JOURNAL, PARTICIPATING RETAILERS, AND ITS AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OFOF THIS AGREEMENT, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS ADVERTISED ON THE WEBSITE, OR RELATING IN CONNECTION WITHANY OTHER WAY TO THE WEBSITE, REGARDLESS OF THE PROVISION TYPE OF CLAIM OR USE THE NATURE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISECAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, NOT FULLY APPLY TO YOU; YOU AGREE TO SUCH EXCLUSIONS AND LIMITATIONS TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED PERMITTED BY APPLICABLE LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE BID, ITS AFFILIATES, THE WALL STREET JOURNAL, PARTICIPATING RETAILERS, AND ITS AND THEIR THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
Appears in 1 contract
Samples: Terms and Conditions
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES, IQbusiness insights (Pty) ltd. AND ITS CONTENT PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND IQbusiness insights (Pty) ltd. DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDER, ITS AFFILIATES, IQbusiness insights (Pty) ltd. AND ITS CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING YOU HEREBY AGREE TO RELEASE THE FOREGOINGSERVICE PROVIDER, CITIBANK MAY MAKE ERROR CORRECTIONS AND/ITS AFFILIATES, IQbusiness insights (Pty) ltd. AND ITS CONTENT PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWWEBSITE.
Appears in 1 contract
Samples: Firestarters: Terms of Use
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND CCL HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND CCL DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDERS PROVIDER, ITS AFFILIATES AND CCL SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, ITS AFFILIATES AND CCL, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, BLUE CROSS BLUE SHIELD ASSOCIATION AND THEIR RESPECTIVE AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY APPLICABLE LAWTHE WEBSITE. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT THE SERVICE PROVIDER, BLUE CROSS BLUE SHIELD ASSOCIATION. AND THEIR RESPECTIVE AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTWEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR TO MAINTAIN UNINTERRUPTED WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE OR ACCESS. CITIBANK DOES PROVIDER, BLUE CROSS BLUE SHIELD ASSOCIATION AND THEIR RESPECTIVE AFFILIATES SHALL NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, BLUE CROSS BLUE SHIELD ASSOCIATION AND THEIR RESPECTIVE AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES, VIMN AND ITS CONTENT PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICEPROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND VIMN DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDER, ITS AFFILIATES, VIMNATION AND ITS CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING YOU HEREBY AGREE TO RELEASE THE FOREGOINGSERVICE PROVIDER, CITIBANK MAY MAKE ERROR CORRECTIONS AND/ITS AFFILIATES, VIMN AND ITS CONTENT PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWWEBSITE.
Appears in 1 contract
Samples: Web Terms of Use
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, MERCEDES-BENZ FINANCIAL SERVICES AND THEIR RESPECTIVE AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY APPLICABLE LAWTHE WEBSITE. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NONTHE SERVICE PROVIDER, MERCEDES-INFRINGEMENT BENZ FINANCIAL SERVICES. AND THEIR RESPECTIVE AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTWEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR TO MAINTAIN UNINTERRUPTED WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE OR ACCESS. CITIBANK DOES PROVIDER, MERCEDES-BENZ FINANCIAL SERVICES AND THEIR RESPECTIVE AFFILIATES SHALL NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, MERCEDES-BENZ FINANCIAL SERVICES AND THEIR RESPECTIVE AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE EXCEPT AS OTHERWISE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL HEREIN, WE MAKE NO WARRANTY OF ANY KIND, EXPRESS AND OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, WARRANTY OF MERCHANTABILITY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY IN CONNECTION WITH THE EBNA EBANKING SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT EBNA EBANKING WILL OPERATE WITHOUT ERRORS, OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT THAT ANY OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWALL EBNA EBANKING SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. EXCEPT AS EXPRESSLY SPECIFICALLY PROVIDED IN THIS AGREEMENTAGREEMENT OR OTHERWISE REQUIRED BY LAW, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMAGREE THAT OUR OFFICERS, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATESDIRECTORS, EMPLOYEES, AGENTS OR ANY THIRD PARTY CONTRACTORS ARE NOT LIABLE FOR ANY LOSS INDIRECT, INCIDENTAL, SPECIAL OR DAMAGECONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO EBNA EBANKING, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECTREVENUE, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION DATA OR USE OF (BY YOU OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTTHIRD PARTY, WHETHER IN CONTRACTAN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY. FURTHER, TORT (INCLUDING NEGLIGENCE)IN NO EVENT SHALL THE LIABILITY OF EBNA BANK N.V. AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO YOU THROUGH EBNA EBANKING. Your Right to Terminate - You may cancel your EBNA eBanking service at any time by providing us with written notice by postal mail or fax. Your access to EBNA eBanking will be suspended within three business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred before the date of cancellation. Our Right to Terminate - You agree that we can terminate or limit your access to EBNA eBanking Services for any of the following reasons: 1. Without prior notice, STATUTE OR OTHERWISEif you have insufficient funds in any one of your EBNA BANK N.V. accounts. EBNA eBanking service may be reinstated, EVEN IF ADVISED OF THE POSSIBILITY THEREOFin our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits. WITHOUT LIMITING THE FOREGOING2. Upon reasonable notice, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATEfor any other reason in our sole discretion. Communications between EBNA BANK N.V. and You - Unless this Agreement provides otherwise, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.you can communicate with us in any one of the following ways: WILLEMSTAD - CURAÇAO Teléfono: 5999 - 0000000 // 0000000 Fax: 5999 - 0000000
Appears in 1 contract
Samples: Access Agreement
Disclaimer of Warranty and Limitation of Liability. ACCESS TO THE SYSTEM AND ALL SYSTEM CONTENT ARE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ” WITHOUT ANY WARRANTY OF ANY KIND, AND WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONSEXPRESSED OR IMPLIED, REPRESENTATIONSSTATUTORY OR OTHERWISE, OR OTHER TERMS (INCLUDING AS BUT NOT LIMITED TO SATISFACTORY QUALITYTHE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY NONINFRINGEMENT AND TITLE. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR MERCHANTABILITY)OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SERVICES OR THE INFORMATION IN THE SERVICES, AS TO THE SYSTEMINCLUDING INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, THE SYSTEM CONTENT INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF INFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER MATTERTHEORY OF LIABILITY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION EVEN IF WE HAVE BEEN APPRISED OF THE SYSTEM, CITIBANK MAY STOP PRODUCING POSSIBILITY OR UPDATING ALL OR LIKELIHOOD OF SUCH DAMAGES. WE DISCLAIM ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS AND ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOFSERVICES. WITHOUT LIMITING THE FOREGOINGDISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TERMS SET FORTH ABOVE, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL INDEPENDENT HEALTH’S AGGREGATE LIABILITY WITH RESPECT TO ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE EXCEED FIFTY DOLLARS ($50.00).
Appears in 1 contract
Samples: www.independenthealthinsights.com
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE SOLELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS" AND “WHERE IS”, AND CABOT AND CABOT AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY APPLICABLE LAWTHE WEBSITE. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT CABOT AND CABOT AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTWEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESSWILL BE TRANSMITTED ON THE WEBSITE. CITIBANK DOES CABOT AND CABOT AFFILIATES SHALL NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE CABOT AND CABOT AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 1 contract
Samples: Terms of Use Agreement
Disclaimer of Warranty and Limitation of Liability. TO THE SYSTEM FULLEST EXTENT ALLOWED BY APPLICABLE LAW, OPSKINS MAKES NO WARRANTY OR REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES REGARDING THE SITE AND SERVICE, INCLUDING THAT THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SITE AND SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL SYSTEM CONTENT ARE PROVIDED ERRORS IN THE SITE AND SERVICE WILL BE CORRECTED. OPSKINS PROVIDES THE SITE AND SERVICE “AS IS” AND “AS AVAILABLE”.” YOU USE THE SITE AND SERVICE AT YOUR OWN RISK, AND THE SITE AND SERVICE MAY BE TERMINATED AT ANY TIME BY OPSKINS OR THIRD PARTIES PROVIDING FACILITIES AND TECHNOLOGY FOR ITS OPERATION. CITIBANK DISCLAIMS OPSKINS DOES NOT ENCOURAGE, CONDONE OR PROMOTE THE COMMERCIAL USE OF THE SITE AND SERVICE. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, OPSKINS’ WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL EXPRESS AND IMPLIED OTHER WARRANTIES, CONDITIONSEXPRESS OR IMPLIED, REPRESENTATIONSEITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR OTHER TERMS (INCLUDING AS WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO SATISFACTORY QUALITYTHE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY)SATISFACTORY QUALITY, AS TO THE SYSTEMCORRESPONDENCE WITH DESCRIPTION AND NON-INFRINGEMENT, THE SYSTEM CONTENT OR ANY OTHER MATTER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED ALLOWED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS , IN NO EVENT SHALL OPSKINS AND ITS SUPPLIERS OR LICENSORS HAVE ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKSLIABILITY, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE)) OR STRICT LIABILITY, STATUTE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHERWISEPUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA, OR LOSS OF ANY UNREALIZED SAVINGS OR EXPECTED BENEFIT, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE AND SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF OPSKINS HAD BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING IN THE FOREGOINGEVENT THAT OPSKINS IS FOUND LIABLE TO PAY YOU ANY DAMAGES, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT INCLUDING REIMBURSEMENT OF EXPENSES LIKE ATTORNEYS’ FEES, OPSKINS’ TOTAL CUMULATIVE LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED $100. THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING ABOVE LIMITATIONS OF LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY WILL NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWAFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
Appears in 1 contract
Samples: files.topfan.com
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.ALL
Appears in 1 contract
Samples: Electronic Access and User Agreement
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, NO WARRANTIES OF ANY KIND INCLUDING ANY WARRANTY REGARDING MERCHANTABILITY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY PURPOSE ARE EXPRESSED OR MERCHANTABILITY), AS ARE TO BE IMPLIED IN THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED TRANSACTION EVIDENCED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP . IN CASES WHERE VIKINGCLOUD HAS ISSUED AND MANAGED A CERTIFICATE IN COMPLIANCE WITH THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT EV GUIDELINES IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCEEV CERTIFICATES (AS HEREINAFTER DEFINED) AND ITS POLICIES AS SET FORTH IN THE CPS (AS HEREINAFTER DEFINED), NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS VIKINGCLOUD SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS THE RELYING PARTY OR ANY OTHER THIRD PARTY PARTIES FOR ANY LOSS LOSSES SUFFERED AS A RESULT OF USE OR DAMAGERELIANCE ON SUCH CERTIFICATE BEYOND THOSE SPECIFIED IN VIKINGCLOUD’S CPS. IN CASES WHERE VIKINGCLOUD HAS NOT ISSUED OR MANAGED A CERTIFICATE IN COMPELTE COMPLIANCE WITH THE GUIDELINES, INCLUDING WITHOUT LIMITATION IN THE CASE OF EV CERTIFICATES, OR THE CPS, ITS LIABILITY FOR DAMAGES FOR ANY CAUSE OF ACTION OR LEGAL THEORY INVOLVED FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES SUFFERED SHALL IN NO CIRCUMSTANCES EXCEED $2,000.00 IN THE AGGREGATE. THE PARTIES AGREE THAT IN NO EVENT SHALL VIKINGCLOUD BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF DATA, OR OTHER INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, FROM OR IN CONNECTION WITH, WITH THE PROVISION RELYING PARTY’S RELIANCE ON A CERTIFICATE OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) OTHERWISE IN CONNECTION WITH THE USE, DELIVERY, LICENSE, PERFORMANCE, OR NONPERFORMANCE OF CERTIFICATES, DIGITAL SIGNATURES, OR ANY SUCH ERROR. NOTHING IN OTHER TRANSACTIONS OR SERVICES OFFERED OR CONTEMPLATED BY THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE CPS.
Appears in 1 contract
Samples: Vikingcloud Relying Party Agreement
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND [CLIENT] HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND [CLIENT] DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDERS PROVIDER, ITS AFFILIATES AND SDG&E SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, ITS AFFILIATES AND [CLIENT], AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, PNC BANK AND THEIR RESPECTIVE AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY APPLICABLE LAWTHE WEBSITE. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT THE SERVICE PROVIDER, PNC BANK AND THEIR RESPECTIVE AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTWEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR TO MAINTAIN UNINTERRUPTED WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE OR ACCESS. CITIBANK DOES PROVIDER, PNC BANK AND THEIR RESPECTIVE AFFILIATES SHALL NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, PNC BANK AND THEIR RESPECTIVE AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. 12.1. YOU ACKNOWLEDGE AND AGREE THAT THE SYSTEM INTERPAYMENTS SOLUTION IS MADE AVAILABLE TO YOU AND ALL SYSTEM CONTENT ARE PROVIDED FURNISHED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND ERRORS. CITIBANK DISCLAIMS ALL EXPRESS EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT AND IMPLIED WARRANTIESTO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAWS AND REGULATIONS, CONDITIONSTHEY ARE MADE AVAILABLE AND FURNISHED WITHOUT ANY REPRESENTATION, REPRESENTATIONSWARRANTY, OR OTHER TERMS CONDITION OF ANY KIND (INCLUDING WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL, LEGAL, STATUTORY, OR IN TORT, WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE CONDUCT OR COMMUNICATIONS (WHETHER ORAL, WRITTEN OR OTHERWISE) BETWEEN YOU AND INTERPAYMENTS, OR WHETHER ARISING AS A RESULT OF THE NATURE OF THIS AGREEMENT OR IN CONFORMITY WITH USAGE, EQUITY OR LAW, OR OTHERWISE), AND WITHOUT ANY WARRANTIES AS TO SATISFACTORY QUALITYTITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY)FITNESS FOR A GENERAL PURPOSE, AS TO THE SYSTEMQUALITY, THE SYSTEM CONTENT OR ANY OTHER MATTERWORKMANSHIP, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTHIDDEN DEFECTS, CITIBANK DISCLAIMS ANY SECURITY, DELIVERY, GOOD STATE OF REPAIR, OBLIGATION TO KEEP THE SYSTEM CONTENT REPAIR, MAINTAIN, UPDATE OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMUPGRADE, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED IN EACH CASE WITH RESPECT TO THE INTERPAYMENTS SOLUTION AND ANY OTHER INTERPAYMENTS PROPERTY. THE USE OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION INTERPAYMENTS SOLUTION IS AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWOWN RISK.
Appears in 1 contract
Samples: License Agreement
Disclaimer of Warranty and Limitation of Liability. WE WILL BE RESPONSIBLE ONLY FOR PERFORMING THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”SERVICES SPECIFICALLY DESCRIBED IN THIS SECTION. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESYOU AGREE THAT OUR STANDARD OF CARE IS MET BY PAYING ITEMS IN ACCORDANCE WITH THE PROVISIONS HEREOF. WE WILL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY YOU, CONDITIONSINCLUDING WITHOUT LIMITATION THE AMOUNT, REPRESENTATIONSACCURACY, TIMELINESS OF DELIVERY OR YOUR AUTHORIZATION OF ANY ITEM OR INSTRUCTION RECEIVED, OR ANY ACT OR OMISSION OF ANY OTHER TERMS (PERSON, INCLUDING WITHOUT LIMITATION ANY TRANSMISSION OR COMMUNICATIONS FACILITY ANDIOR DATA PROCESSOR OF YOURS, AND NO SUCH PERSON WILL BE DEEMED TO BE OUR AGENT FOR ANY PURPOSE. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THIS SECTION. WE DO NOT AND CANNOT WARRANT THAT THE INTERNET BANKING SYSTEM WILL OPERATE WITHOUT ERRORS, OR THAT ANY OR ALL SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR FAILURES FROM ANY MALFUNCTION OF YOUR COMPUTER OR ANY SOFTWARE NOR ARE WE RESPONSIBLE FOR ANY ELECTRONIC VIRUS, VIRUSES, WORMS OR SIMILAR SOFTWARE THAT YOU MAY ENCOUNTER. IN ADDITION, YOU ARE SOLELY RESPONSIBLE FOR INSTALLING APPROPRIATE SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANTI-VIRUS AND ANTISPYWARE SOFTWARE, AS WELL AS FIREWALL(S) ON YOUR COMPUTER HARDWARE TO SATISFACTORY QUALITYPREVENT KEY LOGGING ANDIOR OTHER INTRUSIONS THAT MAY ALLOW A THIRD PARTY TO UNLAWFULLY VIEW ACTIVITY ON YOUR COMPUTER. UICCU HAS NO LIABILITY TO YOU FOR ANY DAMAGE OR OTHER LOSS, DIRECT OR CONSEQUENTIAL, WHICH YOU MAY SUFFER OR INCUR BY REASON OF YOUR USE OF YOUR COMPUTER OR THE SOFTWARE. FURTHERMORE, THE UICCU MAKES NO WARRANTY OR REPRESENTATION REGARDING THE COMPUTER, ANY RELATED SOFTWARE OR YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY . YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE TO ACT OR MERCHANTABILITY), AS TO THE SYSTEMDELAY IN ACTING IF SUCH FAILURE IS CAUSED BY LEGAL CONSTRAINT, THE SYSTEM CONTENT INTERRUPTION OF TRANSMISSION OR COMMUNICATION FACILITIES, COMPUTER MALFUNCTION OR EQUIPMENT FAILURE, WAR, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL. IN ADDITION, WE SHALL BE EXCUSED FROM DELAY OR FAILURE TO TRANSMIT AN ENTRY IF SUCH TRANSMITIAL WOULD RESULT IN OUR HAVING VIOLATED ANY PROVISION OF ANY PRESENT OR FUTURE RISK CONTROL PROGRAM OF THE FEDERAL RESERVE OR ANY RULE OR REGULATION OF ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWGOVERNMENTAL REGULATORY AUTHORITY. EXCEPT AS EXPRESSLY SPECIFICALLY PROVIDED IN THIS AGREEMENTSECTION, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY OTHERWISE REQUIRED BY LAW, YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMAGREE THAT OUR OFFICERS, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATESDIRECTORS, EMPLOYEES, AGENTS OR ANY THIRD PARTY CONTRACTORS ARE NOT LIABLE FOR ANY LOSS INDIRECT, INCIDENTAL, SPECIAL OR DAMAGECONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS SECTION OR BY REASON OF YOUR USE OF OR ACCESS TO XXXX PAY, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECTREVENUE, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION DATA OR USE OF (BY YOU OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTTHIRD PARTY, WHETHER IN CONTRACTAN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY. FURTHER, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT IN NO EVENT WILL OUR LIABILITY HEREUNDER EXCEED THE AGREED RATE, AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOUYOU THROUGH THIS AGREEMENT DURING ANY SIX (6) MONTH PERIOD. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING YOU ACKNOWLEDGE THAT EACH PROVISION IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING AGREEMENT, WHETHER OR EXCLUDING LIABILITY FOR DEATH NOT BOLD-FACED OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.OTHERWISE HIGHLIGHTED, IS CONSPICUOUS AND HAS
Appears in 1 contract
Samples: www.greenstate.org
Disclaimer of Warranty and Limitation of Liability. 1. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND ON AN "AS AVAILABLE" BASIS, AND WE DO NOT MAKE, AND WE HEREBY EXPRESSLY DISCLAIM, ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” REPRESENTATIONS, WARRANTIES, COVENANTS AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL GUARANTEES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY APPLICABLE LAWUS, OR THE SERVICE. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT WE DO NOT REPRESENT, WARRANT, COVENANT OR GUARANTEE THAT ACCESS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE AGREED RATESERVICE, TO AND WE WILL NOT BE LIABLE IN THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH EVENT OF ANY SUCH ERROROCCURRENCE. NOTHING WE FURTHER DO NOT REPRESENT, WARRANT, COVENANT OR GUARANTEE THAT ALL PORTIONS OF THE SERVICE, OR THE SERVICE AS A WHOLE, CAN BE ACCESSED VIA ALL DEVICES, OR VIA ALL CARRIERS AND SERVICE PLANS OR IS AVAILABLE IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWALL GEOGRAPHIC LOCATIONS.
Appears in 1 contract
Samples: TFG Houston User Agreement
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND THE DRAWING BOARD VIEWS PANEL HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND THE DRAWING BOARD PANEL DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDERS PROVIDER, ITS AFFILIATES AND THE DRAWING BOARD PANEL SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, ITS AFFILIATES AND THE DRAWING BOARD PANEL, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, NO WARRANTIES OF ANY KIND INCLUDING ANY WARRANTY REGARDING MERCHANTABILITY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY PURPOSE ARE EXPRESSED OR MERCHANTABILITY), AS ARE TO BE IMPLIED IN THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED TRANSACTION EVIDENCED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP . IN CASES WHERE TRUSTWAVE HAS ISSUED AND MANAGED A CERTFICATE IN COMPLIANCE WITH THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT EV GUIDELINES IN THE CASE OF WILLFUL MISCONDUCT EV CERTIFICATES (AS HEREINAFTER DEFINED) AND ITS POLICIES AS SET FORTH IN THE ITS CPS (AS HEREINAFTER DEFINED), TRUSTWAVE SHALL NOT BE LIABILE TO THE RELYING PARTY OR GROSS NEGLIGENCEANY OTHER THIRD PARTIES FOR ANY LOSSES SUFFERED AS A RESULT OF USE OR RELIANCE ON SUCH CERTIFICATE BEYOND THOSE SPECIFIED IN TRUSTWAVE’S CPS. IN CASES WHERE TRUSTWAVE HAS NOT ISSUED OR MANAGED A CERTIFICATE IN COMPELTE COMPLIANCE WITH THE GUIDELINES, NEITHER CITIBANK NOR IN THE CASE OF EV CERTIFICATES, OR ITS AFFILIATESCPS, EMPLOYEESITS LIABILITY FOR DAMAGES FOR ANY CAUSE OF ACTION OR LEGAL THEORY INVOLVED FOR ANY AND ALL CLAIMS, AGENTS, LICENSORS LOSSESS OR THIRD PARTY INFORMATION DAMAGES SUFFERED AS A RESULT OF THE USE OR SERVICE PROVIDERS RELIANCE ON SUCH CERTIFICATE BY ANY APPROPRIATE MEANS SHALL IN NO CIRCUMSTANCES EXCEED $2,000.00 PER CERTIFICATE. THE PARTIES AGREE THAT IN NO EVENT SHALL TRUSTWAVE BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS INDIRECT, INCIDENTAL OR DAMAGECONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION OR FOR ANY LOSS OF PROFITS, LOSS OF DATA, OR OTHER INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, FROM OR IN CONNECTION WITH, WITH THE PROVISION RELYING PARTY’S RELIANCE ON A CERTIFICATE OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) OTHERWISE IN CONNECTION WITH THE USE, DELIVERY, LICENSE, PERFORMANCE, OR NONPERFORMANCE OF CERTIFICATES, DIGITAL SIGNATURES, OR ANY SUCH ERROR. NOTHING IN OTHER TRANSACTIONS OR SERVICES OFFERED OR CONTEMPLATED BY THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE CPS.
Appears in 1 contract
Samples: Trustwave Relying Party Agreement
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES, Nudge Now (Pty) Ltd. AND ITS CONTENT PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND Nudge Now (Pty) Ltd. DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDER, ITS AFFILIATES, Nudge Now (Pty) Ltd. AND ITS CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING YOU HEREBY AGREE TO RELEASE THE FOREGOINGSERVICE PROVIDER, CITIBANK MAY MAKE ERROR CORRECTIONS AND/ITS AFFILIATES, Nudge Now (Pty) Ltd. AND ITS CONTENT PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWWEBSITE.
Appears in 1 contract
Samples: Firestarters: Terms of Use
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM AND ALL SYSTEM CONTENT ARE Website or App AT YOUR OWN RISK. THE Website or App IS PROVIDED “AS IS” ”, AND “AS AVAILABLE”. CITIBANK DISCLAIMS THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREINWebsite or App. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR AND ITS THIRD PARTY INFORMATION SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE Website or App WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE Website or App. SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE Website or App HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE Website or App, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE Website or App, YOUR USE OF (OR RELIANCE ON THE Website or App OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE Website or App, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRDPARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: “A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR”.
Appears in 1 contract
Samples: User Agreement and Copyright
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, NO WARRANTIES OF ANY KIND INCLUDING ANY WARRANTY REGARDING MERCHANTABILITY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY PURPOSE ARE EXPRESSED OR MERCHANTABILITY), AS ARE TO BE IMPLIED IN THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED TRANSACTION EVIDENCED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP . IN CASES WHERE MICROS HAS ISSUED AND MANAGED A CERTIFICATE IN COMPLIANCE WITH THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT EV GUIDELINES IN THE CASE OF WILLFUL MISCONDUCT EV CERTIFICATES (AS HEREINAFTER DEFINED) AND/OR GROSS NEGLIGENCEITS POLICIES AS SET FORTH IN THE ITS CPS (AS HEREINAFTER DEFINED), NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS MICROS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS THE RELYING PARTY OR ANY OTHER THIRD PARTY PARTIES FOR ANY LOSS LOSSES SUFFERED AS A RESULT OF USE OR DAMAGERELIANCE ON SUCH CERTIFICATE BEYOND THOSE SPECIFIED IN MICROS’s’ CPS. IN CASES WHERE MICROS HAS NOT ISSUED OR MANAGED A CERTIFICATE IN COMPLETE COMPLIANCE WITH THE GUIDELINES, INCLUDING WITHOUT LIMITATION IN THE CASE OF EV CERTIFICATES, OR ITS CPS, ITS LIABILITY FOR DAMAGES FOR ANY CAUSE OF ACTION OR LEGAL THEORY INVOLVED FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES SUFFERED AS A RESULT OF THE USE OR RELIANCE ON SUCH CERTIFICATE BY ANY APPROPRIATE MEANS SHALL IN NO CIRCUMSTANCES EXCEED $2,000.00 PER CERTIFICATE. THE PARTIES AGREE THAT IN NO EVENT SHALL MICROS BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF DATA, OR OTHER INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, FROM OR IN CONNECTION WITH, WITH THE PROVISION RELYING PARTY’S RELIANCE ON A CERTIFICATE OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) OTHERWISE IN CONNECTION WITH THE USE, DELIVERY, LICENSE, PERFORMANCE, OR NONPERFORMANCE OF CERTIFICATES, DIGITAL SIGNATURES, OR ANY SUCH ERROR. NOTHING IN OTHER TRANSACTIONS OR SERVICES OFFERED OR CONTEMPLATED BY THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE CPS.
Appears in 1 contract
Samples: SSL Relying Party Agreement
Disclaimer of Warranty and Limitation of Liability. WE WILL BE RESPONSIBLE ONLY FOR PERFORMING THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”SERVICES SPECIFICALLY DESCRIBED IN THIS SECTION. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIESYOU AGREE THAT OUR STANDARD OF CARE IS MET BY PAYING ITEMS IN ACCORDANCE WITH THE PROVISIONS HEREOF. WE WILL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY YOU, CONDITIONSINCLUDING WITHOUT LIMITATION THE AMOUNT, REPRESENTATIONSACCURACY, TIMELINESS OF DELIVERY OR YOUR AUTHORIZATION OF ANY ITEM OR INSTRUCTION RECEIVED, OR ANY ACT OR OMISSION OF ANY OTHER TERMS (PERSON, INCLUDING WITHOUT LIMITATION ANY TRANSMISSION OR COMMUNICATIONS FACILITY ANDIOR DATA PROCESSOR OF YOURS, AND NO SUCH PERSON WILL BE DEEMED TO BE OUR AGENT FOR ANY PURPOSE. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THIS SECTION. WE DO NOT AND CANNOT WARRANT THAT THE INTERNET BANKING SYSTEM WILL OPERATE WITHOUT ERRORS, OR THAT ANY OR ALL SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR FAILURES FROM ANY MALFUNCTION OF YOUR COMPUTER OR ANY SOFTWARE NOR ARE WE RESPONSIBLE FOR ANY ELECTRONIC VIRUS, VIRUSES, WORMS OR SIMILAR SOFTWARE THAT YOU MAY ENCOUNTER. IN ADDITION, YOU ARE SOLELY RESPONSIBLE FOR INSTALLING APPROPRIATE SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANTI‐VIRUS AND ANTISPYWARE SOFTWARE, AS WELL AS FIREWALL(S) ON YOUR COMPUTER HARDWARE TO SATISFACTORY QUALITYPREVENT KEY LOGGING ANDIOR OTHER INTRUSIONS THAT MAY ALLOW A THIRD PARTY TO UNLAWFULLY VIEW ACTIVITY ON YOUR COMPUTER. UICCU HAS NO LIABILITY TO YOU FOR ANY DAMAGE OR OTHER LOSS, DIRECT OR CONSEQUENTIAL, WHICH YOU MAY SUFFER OR INCUR BY REASON OF YOUR USE OF YOUR COMPUTER OR THE SOFTWARE. FURTHERMORE, THE UICCU MAKES NO WARRANTY OR REPRESENTATION REGARDING THE COMPUTER, ANY RELATED SOFTWARE OR YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY . YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE TO ACT OR MERCHANTABILITY), AS TO THE SYSTEMDELAY IN ACTING IF SUCH FAILURE IS CAUSED BY LEGAL CONSTRAINT, THE SYSTEM CONTENT INTERRUPTION OF TRANSMISSION OR COMMUNICATION FACILITIES, COMPUTER MALFUNCTION OR EQUIPMENT FAILURE, WAR, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL. IN ADDITION, WE SHALL BE EXCUSED FROM DELAY OR FAILURE TO TRANSMIT AN ENTRY IF SUCH TRANSMITIAL WOULD RESULT IN OUR HAVING VIOLATED ANY PROVISION OF ANY PRESENT OR FUTURE RISK CONTROL PROGRAM OF THE FEDERAL RESERVE OR ANY RULE OR REGULATION OF ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWGOVERNMENTAL REGULATORY AUTHORITY. EXCEPT AS EXPRESSLY SPECIFICALLY PROVIDED IN THIS AGREEMENTSECTION, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY OTHERWISE REQUIRED BY LAW, YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMAGREE THAT OUR OFFICERS, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATESDIRECTORS, EMPLOYEES, AGENTS OR ANY THIRD PARTY CONTRACTORS ARE NOT LIABLE FOR ANY LOSS INDIRECT, INCIDENTAL, SPECIAL OR DAMAGECONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS SECTION OR BY REASON OF YOUR USE OF OR ACCESS TO XXXX PAY, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECTREVENUE, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION DATA OR USE OF (BY YOU OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTTHIRD PARTY, WHETHER IN CONTRACTAN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY. FURTHER, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT IN NO EVENT WILL OUR LIABILITY HEREUNDER EXCEED THE AGREED RATE, AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOUYOU THROUGH THIS AGREEMENT DURING ANY SIX (6) MONTH PERIOD. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING YOU ACKNOWLEDGE THAT EACH PROVISION IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING AGREEMENT, WHETHER OR EXCLUDING LIABILITY FOR DEATH NOT BOLD‐FACED OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.OTHERWISE HIGHLIGHTED, IS CONSPICUOUS AND HAS
Appears in 1 contract
Samples: www.greenstate.org
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM INFORMATION, SERVICES, PRODUCTS, AND ALL SYSTEM CONTENT MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED “ON AN "AS IS” AND “AS AVAILABLE”" BASIS WITH NO WARRANTY. CITIBANK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEAUTYTHEORY DISCLAIMS ALL EXPRESS REPRESENTATIONS AND IMPLIED WARRANTIES, CONDITIONSEXPRESS OR IMPLIED, REPRESENTATIONSWITH RESPECT TO SUCH INFORMATION, OR OTHER TERMS (SERVICES, PRODUCTS, AND MATERIALS, INCLUDING AS TO SATISFACTORY QUALITYWITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. IN ADDITION, SUITABILITY BEAUTYTHEORY DOES NOT WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS CURRENT, COMPLETE, OR MERCHANTABILITY)ERROR-FREE. BEAUTYTHEORY DOES NOT WARRANT OR GUARANTEE THE QUALITY OF ANY PRODUCTS, AS SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BEAUTYTHEORY SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; SOME STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL BEAUTYTHEORY BE LIABLE TO CUSTOMER/PROMOTER FOR ANY AMOUNT IN EXCESS OF THE SYSTEMFEES ACTUALLY PAID BY CUSTOMER/PROMOTER DIRECTLY TO BEAUTYTHEORY FOR PRODUCTS OR SERVICES PROVIDED HEREUNDER. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, THE SYSTEM CONTENT TORT, CONTRACT, OR OTHERWISE, SHALL BEAUTYTHEORY, IT'S SUBSIDIARIES, ASSOCIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALY) BE LIABLE TO YOU OR ANY OTHER MATTERPERSON, INCLUDING WITHOUT LIMITATION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF ANY CHARACTER, RELATING TO THE WEBSITE, THE COMMUNITY OR CONTENT, THIS AGREEMENT OR ACTIVITIES RELATING THERETO EVEN IF BEAUTYTHEORY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, BEAUTYTHEORY'S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
Appears in 1 contract
Samples: mybeautytheory.com
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND WE MAKE NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, WARRANTY OF MERCHANTABILITY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY IN CONNECTION WITH MYONLINEBANKING PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT MYONLINEBANKING WILL OPERATE WITHOUT ERRORS OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT THAT ANY OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWALL ONLINE SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. EXCEPT AS EXPRESSLY SPECIFICALLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY OTHERWISE REQUIRED BY LAW, YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMAGREE THAT OUR OFFICERS, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATESDIRECTORS, EMPLOYEES, AGENTS OR ANY THIRD PARTY CONTRACTORS ARE NOT LIABLE FOR ANY LOSS INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR DAMAGECONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO MYONLINEBANKING, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECTREVENUE, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION DATA OR USE OF (BY YOU OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTTHIRD PARTY, WHETHER IN CONTRACTAN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY OR WHETHER WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES. FURTHER, TORT (INCLUDING NEGLIGENCE)IN NO EVENT SHALL THE LIABILITY OF BANKPACIFIC, STATUTE OR OTHERWISELTD. AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO YOU THROUGH MYONLINEBANKING. We will not be obligated to honor, EVEN IF ADVISED OF THE POSSIBILITY THEREOFin whole or in part, any transaction or instruction which: • is not in accordance with any term or condition applicable to the relevant Online Service or eligible account; • we have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal; • would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines; • would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority; • is not in accordance with any other requirement of our applicable policies, procedures or practices; or • we have reasonable cause not to honor for our or your protection. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWThis provision is for the benefit of Bank and not you and does not modify any provision of this Agreement or applicable law which limits Bank’s liability to you.
Appears in 1 contract
Samples: Terms and Conditions
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND VSP HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND VSP DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDERS PROVIDER, ITS AFFILIATES AND VSP SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, ITS AFFILIATES AND VSP, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, NO WARRANTIES OF ANY KIND INCLUDING ANY WARRANTY REGARDING MERCHANTABILITY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE EXPRESSED OR ARE TO BE IMPLIED IN THE TRANSACTION EVIDENCED BY THIS AGREEMENT. IN CASES WHERE DIGICERT HAS ISSUED AND MANAGED AN EV CERTIFICATE IN COMPLIANCE WITH THE GUIDELINES AND ITS POLICIES AS SET FORTH IN ITS CPS, SUITABILITY OR MERCHANTABILITY), AS DIGICERT SHALL NOT BE LIABLE TO THE SYSTEM, THE SYSTEM CONTENT APPLICANT OR ANY OTHER MATTERTHIRD PARTIES FOR ANY LOSSES SUFFERED AS A RESULT OF USE OR RELIANCE ON SUCH EV CERTIFICATE BEYOND THOSE SPECIFIED IN DIGICERT'S CPS OR ITS RELYING PARTY AGREEMENT. IN CASES WHERE DIGICERT HAS NOT ISSUED OR MANAGED AN EV CERTIFICATE IN COMPLETE COMPLIANCE WITH THE GUIDELINES AND ITS CPS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ITS LIABILITY FOR DIRECT DAMAGES FOR ANY WARRANTY CAUSE OF ACTION OR LEGAL THEORY INVOLVED FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES SUFFERED AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION A RESULT OF THE SYSTEM, CITIBANK MAY STOP PRODUCING USE OR UPDATING ALL OR RELIANCE ON SUCH EV CERTIFICATE BY ANY PART OF THE SYSTEM WITHOUT NOTICEAPPROPRIATE MEANS SHALL IN NO CIRCUMSTANCE EXCEED $2,000 PER EV CERTIFICATE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT IN NO EVENT SHALL DIGICERT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY LIABLE FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE INDIRECT, INCIDENTAL OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITESCONSEQUENTIAL DAMAGES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, OR OTHER INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, FROM OR IN CONNECTION WITHWITH THE USE, THE PROVISION DELIVERY, LICENSE, PERFORMANCE OR USE NONPERFORMANCE OF (CERTIFICATES, DIGITAL SIGNATURES, OR ANY INABILITY TO USE) OTHER TRANSACTIONS OR SERVICES OFFERED OR CONTEMPLATED BY THIS AGREEMENT OR THE SYSTEM AND SYSTEM CONTENT, WHETHER CPS. DIGICERT WILL NOT BE HELD LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, ANY CIRCUMSTANCE RELATING TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. APPLICANT BREACHING ITS REPRESENTATIONS OR OBLIGATIONS UNDER SECTION 4 OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWAGREEMENT.
Appears in 1 contract
Samples: Entire Agreement
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, FORD MOTOR COMPANY AND THEIR RESPECTIVE AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY APPLICABLE LAWTHE WEBSITE. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT THE SERVICE PROVIDER, FORD MOTOR COMPANY AND THEIR RESPECTIVE AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTWEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR TO MAINTAIN UNINTERRUPTED WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE OR ACCESS. CITIBANK DOES PROVIDER, FORD MOTOR COMPANY AND THEIR RESPECTIVE AFFILIATES SHALL NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, FORD MOTOR COMPANY AND THEIR RESPECTIVE AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND WE MAKE NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, WARRANTY OF MERCHANTABILITY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY IN CONNECTION WITH CSB OnlineBanking PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT CSB OnlineBanking WILL OPERATE WITHOUT ERRORS OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT THAT ANY OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWALL ONLINE SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. EXCEPT AS EXPRESSLY SPECIFICALLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY OTHERWISE REQUIRED BY LAW, YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMAGREE THAT OUR OFFICERS, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATESDIRECTORS, EMPLOYEES, AGENTS OR ANY THIRD PARTY CONTRACTORS ARE NOT LIABLE FOR ANY LOSS INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR DAMAGECONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO CSB ONLINEBANKING, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECTREVENUE, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION DATA OR USE OF (BY YOU OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTTHIRD PARTY, WHETHER IN CONTRACTAN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY OR WHETHER WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES. FURTHER, TORT (INCLUDING NEGLIGENCE)IN NO EVENT SHALL THE LIABILITY OF CITIZENS SECURITY BANK. AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO YOU THROUGH CSB ONLINEBANKING. We will not be obligated to honor, STATUTE OR OTHERWISEin whole or in part, EVEN IF ADVISED OF THE POSSIBILITY THEREOFany transaction or instruction which: • is not in accordance with any term or condition applicable to the relevant Online Service or eligible account; • we have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal; • would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines; • would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority; • is not in accordance with any other requirement of our applicable policies, procedures or practices; or • we have reasonable cause not to honor for our or your protection. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWThis provision is for the benefit of Bank and not you and does not modify any provision of this Agreement or applicable law which limits Bank’s liability to you.
Appears in 1 contract
Samples: Online Access Agreement
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, NO WARRANTIES OF ANY KIND INCLUDING ANY WARRANTY REGARDING MERCHANTABILITY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY PURPOSE ARE EXPRESSED OR MERCHANTABILITY), AS ARE TO BE IMPLIED IN THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED TRANSACTION EVIDENCED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP . IN CASES WHERE VIKING CLOUD HAS ISSUED AND MANAGED A CERTIFICATE IN COMPLIANCE WITH THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT EV GUIDELINES IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCEEV CERTIFICATES (AS HEREINAFTER DEFINED) AND ITS POLICIES AS SET FORTH IN THE CPS (AS HEREINAFTER DEFINED), NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS VIKING CLOUD SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS THE RELYING PARTY OR ANY OTHER THIRD PARTY PARTIES FOR ANY LOSS LOSSES SUFFERED AS A RESULT OF USE OR DAMAGERELIANCE ON SUCH CERTIFICATE BEYOND THOSE SPECIFIED IN SECURETRUST’S CPS. IN CASES WHERE VIKING CLOUD HAS NOT ISSUED OR MANAGED A CERTIFICATE IN COMPELTE COMPLIANCE WITH THE GUIDELINES, INCLUDING WITHOUT LIMITATION IN THE CASE OF EV CERTIFICATES, OR THE CPS, ITS LIABILITY FOR DAMAGES FOR ANY CAUSE OF ACTION OR LEGAL THEORY INVOLVED FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES SUFFERED SHALL IN NO CIRCUMSTANCES EXCEED $2,000.00 IN THE AGGREGATE. THE PARTIES AGREE THAT IN NO EVENT SHALL VIKING CLOUD BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF DATA, OR OTHER INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, FROM OR IN CONNECTION WITH, WITH THE PROVISION RELYING PARTY’S RELIANCE ON A CERTIFICATE OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) OTHERWISE IN CONNECTION WITH THE USE, DELIVERY, LICENSE, PERFORMANCE, OR NONPERFORMANCE OF CERTIFICATES, DIGITAL SIGNATURES, OR ANY SUCH ERROR. NOTHING IN OTHER TRANSACTIONS OR SERVICES OFFERED OR CONTEMPLATED BY THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE CPS.
Appears in 1 contract
Samples: Viking Cloud Relying Party Agreement
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM WEBSITE AND ALL SYSTEM CONTENT ARE INFORMATION CONTAINED ON OR ACCESSED FROM THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CITIBANK DISCLAIMS ALL EXPRESS CONDITIONS, REPRESENTATIONS AND IMPLIED WARRANTIES, CONDITIONSWHETHER EXPRESS, REPRESENTATIONSIMPLIED, STATUTORY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY WARRANTY AS INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO NON-INFRINGEMENT AND FROM THE WEBSITE WILL BE SECURE; (V) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE WEBSITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES. COMMENTS OR OPINIONS EXPRESSED ON THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWWEBSITE ARE THOSE OF THEIR RESPECTIVE USERS ONLY. EXCEPT AS EXPRESSLY PROVIDED THE VIEWS EXPRESSED ON THE WEBSITE AND IN THIS AGREEMENTUSER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF TD. THE RELEASEES ARE NOT RESPONSIBLE FOR, CITIBANK DISCLAIMS ANY OBLIGATION AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE WEBSITE. ANY PRODUCTS AND/OR FREE OF ERRORS SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE WEBSITE IS NOT AN OFFER OR VIRUSES SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE ANY PERSON TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH WHOM IT MAY BECOME AWARE AT ANY TIME OR IS UNLAWFUL TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICEMAKE A SOLICITATION. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS AGREE TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKSRELEASE TD, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11ITS AFFILIATES, AND EXCEPT IN THE CASE THIRD PARTY SERVICE PROVIDERS, AND EACH OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCETHEIR RESPECTIVE DIRECTORS, NEITHER CITIBANK NOR ITS AFFILIATESOFFICERS, EMPLOYEES, AGENTS, LICENSORS SUCCESSORS, AND ASSIGNS (“RELEASEES”) FROM CLAIMS, LOSSES, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE. THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGEDAMAGES WHATSOEVER ARISING FROM, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OFCONNECTED WITH, OR RELATING TO THE WEBSITE. YOU EXPRESSLY ACKNOWLEDGE THAT TD HAS ENTERED THIS AGREEMENT WITH YOU AND MAKES THE WEBSITE AVAILABLE TO YOU IN CONNECTION WITHRELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND TD. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE PROVISION OR USE FAILURE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN ESSENTIAL PURPOSE OF CONTRACT, TORT (INCLUDING NEGLIGENCE)THE FAILURE OF ANY EXCLUSIVE REMEDY, STATUTE OR OTHERWISE, EVEN IF ADVISED TERMINATION OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWAGREEMENT.
Appears in 1 contract
Samples: Use Agreement
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL PATRIOT MAKES NO WARRANTY OF ANY KIND, EXPRESS AND IMPLIED WARRANTIESOR IMPLIED, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY SUITABILITY, ORIGINALITY, QUALITY, NON- INFRINGEMENT, OR MERCHANTABILITY)OTHERWISE, IN CONNECTION WITH MOBILE OR REMOTE BANKING PRODUCTS OR SERVICES, REMOTE DEPOSIT PRODUCTS OR SERVICES, OR ANY DIGITAL WALLET PRODUCTS OR SERVICES. WE DO NOT AND CANNOT WARRANT THAT ANY PRODUCTS OR SERVICES WILL OPERATE WITHOUT ERRORS, OR THAT ANY OR ALL PRODUCTS AND SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. DIGITAL WALLETS ARE PROVIDED BY DIGITAL WALLET PROVIDERS AND SUPPORTED BY OTHER THIRD PARTIES, AND PATRIOT PROVIDES NO WARRANTY AS TO THE SYSTEMACCESS TO OR USE OR AVAILABILITY OF DIGITAL WALLET PRODUCTS OR SERVICES. PATRIOT DOES NOT OWN, THE SYSTEM CONTENT OPERATE, OR CONTROL ANY OTHER MATTERDIGITAL WALLET AND IS NOT RESPONSIBLE FOR ANY PRODUCT, TO THE FULLEST EXTENT PERMITTED SERVICE, OR INFORMATION PROVIDED OR MADE AVAILABLE BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWOR ON BEHALF OF A DIGITAL WALLET PROVIDER. EXCEPT AS EXPRESSLY SPECIFICALLY PROVIDED IN THIS THE AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY OTHERWISE AS REQUIRED BY LAW, YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMAGREE THAT PATRIOT FEDERAL CREDIT UNION AND ITS OFFICERS, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATESDIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND/OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS CONTRACTORS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGEINDIRECT, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECTINCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, UNDER OR IN CONNECTION WITHWITH THIS AGREEMENT, THE PROVISION WHETHER BY REASON OF YOUR ACCESS TO OR USE OF (MOBILE, REMOTE, DIGITAL WALLET, OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE DEPOSIT PRODUCTS OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/SERVICES PROVIDED UNDER OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING AGREEMENT, BY REASON OF YOUR ACCESS TO OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR USE OF ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED PRODUCTS OR LIMITED BY APPLICABLE LAWSERVICES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR OTHERWISE. You agree that Patriot shall be liable only for reckless or intentional misconduct in performing the services expressly provided for in this Agreement. Patriot shall not be responsible for member’s acts or omissions or those of any other persons and no other persons who may cause a loss shall be deemed agents of Patriot. In no event shall Patriot be liable for any consequential, special, punitive, or indirect loss or damage which the member may incur or suffer in connection with this Agreement, including, without limitation, loss or damage from subsequent wrongful dishonor resulting from Patriot’s acts or omissions pursuant to this agreement. Controlling Law You agree that Patriot’s principal office and corporate center is located in Chambersburg, Franklin County, Pennsylvania, and the law of Pennsylvania shall control this agreement.
Appears in 1 contract
Samples: www.patriotfcu.org
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THINKHQ AND AMA HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCANTABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY APPLICABLE LAWTHE WEBSITE. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT THINKHQ AND AMA DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTWEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESSWILL BE TRANSMITTED ON THE WEBSITE. CITIBANK DOES THINKHQ AND AMA SHALL NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOINGYOU HEREBY AGREE TO RELEASE THINKHQ, CITIBANK MAY MAKE ERROR CORRECTIONS AMA, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, DELEGATES AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATECONSEQUENTIAL) OF EVERY KIND AND NATURE, TO THE EXTENT POSSIBLEKNOWN AND/OR UNKNOWN, AT NO ADDITIONAL CHARGE TO YOU. SUSPECTED AND/OR UNSUSPECTED, DISCLOSED AND/OR UNDISCLOSED, (collectively, the "CLAIMS") ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWSITE.
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER AND THEIR RESPECTIVE AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY APPLICABLE LAWTHE WEBSITE. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT THE SERVICE PROVIDER AND ITS RESPECTIVE AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENTWEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR TO MAINTAIN UNINTERRUPTED WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE OR ACCESS. CITIBANK DOES PROVIDER AND ITS RESPECTIVE AFFILIATES SHALL NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER AND ITS RESPECTIVE AFFILIATES AND EACH OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM INCLUDING EFX CLOUD AND METATRADER BRIDGE SOFTWARE, AND ALL OTHER SERVICES, PRODUCTS, AND CONTENT PROVIDED HEREUNDER ARE PROVIDED "AS IS". ROCHE FINANCE AND ITS TECHNOLOGY PROVIDERS DO NOT MAKE ANY REPRESENTATION OR ANY WARRANTY, EXPRESS OR IMPLIED, OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT THAN AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK STATED HEREIN. ROCHE FINANCE DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM AND ALL SERVICES, PRODUCTS, AND CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE PROVIDED HEREUNDER SECURE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK ROCHE FINANCE MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICEAND ALL SERVICES, PRODUCTS AND CONTENT PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE ROCHE FINANCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS AND OTHER MARKET PARTICIPANTS (collectively "THIRD PARTIES") SHALL BE LIABLE NOT HAVE ANY LIABILITY TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, INDIRECT, SPECIAL, PUNITIVE SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES OTHER DAMAGE OR LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTALL SERVICES, PRODUCTS AND CONTENT PROVIDED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ROCHE FINANCE OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING EXCEPT WITH RESPECT TO MISUSE OF ROCHE FINANCE'S INTELLECTUAL PROPERTY, INDEMNIFICATION LIABILITY, FAILURE TO PAY OR BREACH OF CONFIDENTIALITY BY MARKET PARTICIPANT, THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/TOTAL MAXIMUM LIABILITY FOR ANY LOSS OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, DAMAGES HOWSOEVER CAUSED AND IN RELATION TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE ANY CLAIM OR SERIES OF CLAIMS RELATING TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.TO 15% OF THE SERVICE FEES CHARGED TO YOU DURING THE SIX
Appears in 1 contract
Disclaimer of Warranty and Limitation of Liability. TO THE SYSTEM AND FULL EXTENT ALLOWED BY APPLICABLE LAW, HOTDROP MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, INCLUDING THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE, SOFTWARE, CONTENT OR DATA PROVIDED BY YOU OR THIRD PARTIES, THAT THE SERVICES WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL SYSTEM CONTENT ARE PROVIDED ERRORS IN THE SERVICES WILL BE CORRECTED. HOTDROP PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, XXXXXXX’S WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL EXPRESS AND IMPLIED OTHER WARRANTIES, CONDITIONSEXPRESS OR IMPLIED, REPRESENTATIONSEITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR OTHER TERMS (INCLUDING AS WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO SATISFACTORY QUALITYTHE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY)SATISFACTORY QUALITY, AS CORRESPONDENCE WITH DESCRIPTION AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST FULL EXTENT PERMITTED ALLOWED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED , IN THIS AGREEMENTNO EVENT SHALL HOTDROP, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, ITS OFFICERS, ITS DIRECTORS, ITS SHAREHOLDERS, ITS MANAGERS, ITS EMPLOYEES, ITS AGENTS, ITS SUPPLIERS, ITS LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR AND ITS LICENSEES HAVE ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTLIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE)) OR STRICT LIABILITY, STATUTE FOR DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHERWISEPUNITIVE DAMAGES OF ANY KIND, OR FOR (DIRECT OR INDIRECT) LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICES, WHETHER FORESEEABLE OR NOT, AND EVEN IF HOTDROP HAD BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING IN THE FOREGOINGEVENT THAT HOTDROP IS FOUND LIABLE TO PAY YOU ANY DAMAGES, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, HOTDROP’S TOTAL CUMULATIVE LIABILITY TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN YOU UNDER THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING NOT EXCEED US $100. THE ABOVE LIMITATIONS OF LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY WILL NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWAFFECTED EVEN IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
Appears in 1 contract
Samples: Terms of Service
Disclaimer of Warranty and Limitation of Liability. THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, NO WARRANTIES OF ANY KIND INCLUDING ANY WARRANTY REGARDING MERCHANTABILITY OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE EXPRESSED OR ARE TO BE IMPLIED IN THE TRANSACTION EVIDENCED BY THIS AGREEMENT. IN CASES WHERE TRUSTWAVE HAS ISSUED AND MANAGED A CERTIFICATE IN COMPLIANCE WITH THE GUIDELINES AND ITS POLICIES AS SET FORTH IN ITS CPS, SUITABILITY OR MERCHANTABILITY), AS TRUSTWAVE SHALL NOT BE LIABLE TO THE SYSTEM, THE SYSTEM CONTENT APPLICANT OR ANY OTHER MATTERTHIRD PARTIES FOR ANY LOSSES SUFFERED AS A RESULT OF USE OR RELIANCE ON SUCH CERTIFICATE BEYOND THOSE SPECIFIED IN TRUSTWAVE'S CPS. IN CASES WHERE TRUSTWAVE HAS NOT ISSUED OR MANAGED A CERTIFICATE IN COMPLETE COMPLIANCE WITH THE GUIDELINES AND ITS CPS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ITS LIABILITY FOR DIRECT DAMAGES FOR ANY WARRANTY CAUSE OF ACTION OR LEGAL THEORY INVOLVED FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES SUFFERED AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION A RESULT OF THE SYSTEM, CITIBANK MAY STOP PRODUCING USE OR UPDATING ALL OR RELIANCE ON SUCH CERTIFICATE BY ANY PART OF THE SYSTEM WITHOUT NOTICEAPPROPRIATE MEANS SHALL IN NO CIRCUMSTANCE EXCEED $2,000 PER CERTIFICATE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT IN NO EVENT SHALL TRUSTWAVE BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY LIABLE FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE INDIRECT, INCIDENTAL OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITESCONSEQUENTIAL DAMAGES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, OR OTHER INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, FROM OR IN CONNECTION WITHWITH THE USE, THE PROVISION DELIVERY, LICENSE, PERFORMANCE OR USE NONPERFORMANCE OF (CERTIFICATES, DIGITAL SIGNATURES, OR ANY INABILITY TO USE) OTHER TRANSACTIONS OR SERVICES OFFERED OR CONTEMPLATED BY THIS AGREEMENT OR THE SYSTEM AND SYSTEM CONTENT, WHETHER CPS. TRUSTWAVE WILL NOT BE HELD LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, ANY CIRCUMSTANCE RELATING TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. APPLICANT BREACHING ITS REPRESENTATIONS OR OBLIGATIONS UNDER SECTION 4 OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWAGREEMENT.
Appears in 1 contract
Samples: Agreement
Disclaimer of Warranty and Limitation of Liability. TO THE SYSTEM AND FULL EXTENT ALLOWED BY APPLICABLE LAW, WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE SERVICE, INCLUDING THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL SYSTEM CONTENT ARE PROVIDED ERRORS IN THE SERVICE WILL BE CORRECTED. WE PROVIDE THE SERVICE “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, OUR WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL EXPRESS AND IMPLIED OTHER WARRANTIES, CONDITIONSEXPRESS OR IMPLIED, REPRESENTATIONSEITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR OTHER TERMS (INCLUDING AS WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO SATISFACTORY QUALITYTHE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY)SATISFACTORY QUALITY, AS CORRESPONDENCE WITH DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST FULL EXTENT PERMITTED ALLOWED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS , IN NO EVENT SHALL WE AND OUR SUPPLIERS OR LICENSORS HAVE ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKSLIABILITY, WHETHER PUBLIC BASED IN CONTRACTUAL OR PRIVATEEXTRACONTRACTUAL (INCLUDING NEGLIGENCE) LIABILITY, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSINCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR CONSEQUENTIAL FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR DAMAGES ARISING OUT CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITHWITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENTSERVICE, WHETHER IN CONTRACTFORESEEABLE OR NOT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, AND EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING IN THE FOREGOINGEVENT THAT WE ARE FOUND LIABLE TO PAY YOU ANY DAMAGES, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, OUR TOTAL CUMULATIVE LIABILITY TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOUYOU UNDER THIS AGREEMENT WILL NOT EXCEEED $100. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIMITATIONS OF LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY WILL NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWAFFECTED IF ANY REMEDY PROVIDED HEREIN SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
Appears in 1 contract
Samples: na.parkingbycale.com
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND THE HAGGAR INSIDERS VIEWS PANEL HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND THE HAGGAR INSIDERS PANEL DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDERS PROVIDER, ITS AFFILIATES AND THE HAGGAR INSIDERS PANEL SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, ITS AFFILIATES AND THE HAGGAR INSIDERS PANEL, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND XXXXX HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND XXXXX DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDERS PROVIDER, ITS AFFILIATES AND XXXXX SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME U.S. STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, ITS AFFILIATES AND XXXXX, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN CONNECTION PART: "A GENERAL 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWTHE DEBTOR".
Appears in 1 contract
Samples: Terms of Use
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM SITE AND ALL SYSTEM CONTENT THE SERVICES AT YOUR OWN RISK. THE SITE, THE XIRA INFORMATION AND THE SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE”. CITIBANK DISCLAIMS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, XIRA, ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING, REPRESENTATIONSWITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYRELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. XIRA, ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR XIRA INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF THE SITE CONTENTSOR THE SERVICES. EXCEPT AS PROVIDED IN SECTION 11XIRA, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESITS SUBSIDIARIES, AGENTS, LICENSORS OR THIRD AND ITS THIRD-PARTY INFORMATION OR SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, (I) INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR CONSEQUENTIAL LOSS OR (II) ANY DIRECT DAMAGES IN EXCESS OF THE FEES YOU HAVE PAID TO XIRA UNDER THIS AGREEMENT, IN EACH CASE ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY PRODUCTS, MERCHANDISE AND/OR SERVICES ORDERED THROUGH THE SERVICES, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE XIRA INFORMATION, INCLUDING DUE TO VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF (OR ANY INABILITY RELIANCE ON THE SERVICES, THE XIRA INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD-PARTY SITES LINKED TO USE) THE SYSTEM AND SYSTEM CONTENTSERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING SOME STATES DO NOT ALLOW THE FOREGOINGEXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CITIBANK SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE NOT APPLY TO YOU. THIS IS YOUR SOLE REMEDY (YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. XIRA WILL NOT BE LIABLE FOR USERS’ FAILURE TO PAY LEGAL PROFESSIONALS FOR SERVICES TRANSACTED THROUGH THE SERVICES, OR FOR TAX LIABILITIES RELATING TO TRANSACTIONS BETWEEN USERS. XIRA WILL NOT BE LIABLE FOR, AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT LEGAL PROFESSIONALS SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY SOLELY LIABLE FOR, LEGAL PROFESSIONALS’ COMPLIANCE WITH ALL TAX, ADVERTISING AND OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY LAWS APPLICABLE LAWTO LEGAL PROFESSIONALS’ TRANSACTIONS.
Appears in 1 contract
Samples: Xira User Agreement
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES, NUDGE NOW (PTY) LTD AND ITS CONTENT PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICEPROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEESAND NUDGE NOW (PTY) LTD DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, AGENTSERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, LICENSORS OR THIRD PARTY INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDER, ITS AFFILIATES, NUDGE NOW (PTY) LTD AND ITS CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING YOU HEREBY AGREE TO RELEASE THE FOREGOINGSERVICE PROVIDER, CITIBANK MAY MAKE ERROR CORRECTIONS AND/ITS AFFILIATES, NUDGE NOW (PTY) LTD AND ITS CONTENT PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWWEBSITE.
Appears in 1 contract
Samples: Web Terms of Use
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SYSTEM WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, METROLINX, AND EACH OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND CONTRACTORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED WARRANTIESIMPLIED, CONDITIONSINCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, REPRESENTATIONSRELIABILITY, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITYTITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT PURPOSE OR ANY OTHER MATTERWARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT ACCURACY OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU COMPLETENESS OF ANY ERROR IN INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH WEBSITE. THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEMSERVICE PROVIDER, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11METROLINX, AND EXCEPT IN THE CASE EACH OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCETHEIR RESPECTIVE AFFILIATES, NEITHER CITIBANK NOR ITS AFFILIATESDIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS REPRESENTATIVES, AND CONTRACTORS DO NOT REPRESENT OR THIRD PARTY INFORMATION WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON OR THROUGH THE WEBSITE. THE SERVICE PROVIDERS PROVIDER, METROLINX, AND EACH OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND CONTRACTORS SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS YOU OR ANY THIRD PARTY PARTIES FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITSDIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF, OR IN CONNECTION WITHOF THIS AGREEMENT, THE PROVISION PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF (OR RELIANCE ON THE WEBSITE OR ANY INABILITY TO USE) OF THE SYSTEM AND SYSTEM CONTENTMERCHANDISE, WHETHER IN CONTRACTINFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, TORT (INCLUDING NEGLIGENCE), STATUTE REGARDLESS OF THE TYPE OF CLAIM OR OTHERWISETHE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. WITHOUT LIMITING YOU HEREBY AGREE TO RELEASE THE FOREGOINGSERVICE PROVIDER, CITIBANK MAY MAKE ERROR CORRECTIONS AND/METROLINX, AND EACH OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND CONTRACTORS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. IN ANY WAY CONNECTED WITH YOUR USE OF THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWWEBSITE.
Appears in 1 contract
Samples: Terms of Use
