Common use of Disclaimers and Limitations of Liability Clause in Contracts

Disclaimers and Limitations of Liability. THE DATA IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF COMPLETENESS, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YAQEEN EXPRESSLY DISCLAIMS, AND SHALL HAVE NO LIABILITY FOR, ANY ERRORS, OMISSIONS, INACCURACIES, OR INTERRUPTIONS IN THE DATA. USER ASSUMES ALL RISK ASSOCIATED WITH USE OF THE DATA AND AGREES THAT IN NO EVENT SHALL YAQEEN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTIONS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE DATA BASED ON ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimers and Limitations of Liability. THE DATA IS SERVICES AND INFORMATION PROVIDED BY RDLB ARE PROVIDED “AS IS” ”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED KIND TO WARRANTIES OF COMPLETENESS, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YAQEEN EXPRESSLY DISCLAIMS, AND SHALL HAVE NO LIABILITY FOR, ANY ERRORS, OMISSIONS, INACCURACIES, OR INTERRUPTIONS IN THE DATA. USER ASSUMES ALL RISK ASSOCIATED WITH USE OF THE DATA AND AGREES THAT IN NO EVENT SHALL YAQEEN BE LIABLE TO YOU SUBSCRIBER OR ANY THIRD PARTY FOR ANY DIRECTPARTY, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR THE INABILITY PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON- INFRINGEMENT. RDLB, INC. SHALL NOT BE LIABLE TO USE EQUIPMENT SUBSCRIBER OR ACCESS DATAANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF REVENUE OR PROFITS, BUSINESS INTERRUPTIONS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS, ARISING OUT OF ANY KIND THAT MAY RESULT FROM THE USE OFOF ITS REPORTS OR THE RDLB WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, OR INABILITY TO USE, THE DATA BASED ON ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF USER HAS BEEN RDLB, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. RDLB, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS. RDLB, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE RDLB WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER’S ACCESS TO, INABILITY TO ACCESS OR USE THE RDLB WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RDLB, INC. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, RDLB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Disclaimers and Limitations of Liability. THE DATA ENTRATA DOES NOT REPRESENT OR WARRANT THAT ANY API OR INTERFACE, OR ACCESS THERETO, WILL BE ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT DEVELOPER’S OR COMMON CLIENTS’ USE THEREOF WILL PROVIDE SPECIFIC RESULTS. EACH API IS PROVIDED ON AN “AS AS- IS” WITHOUT ANY WARRANTY OF ANY KINDAND “AS-AVAILABLE” BASIS. ENTRATA MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER WHETHER EXPRESS OR IMPLIED, ARISING BY LAW WITH RESPECT TO ANY API, INTERFACE, PRODUCT, SERVICE OR OTHERWISEDATA PROVIDED, ACCESSED, OR USED UNDER THIS AGREEMENT, OR WITH RESPECT TO ANY INTERFACING APPLICATION OR OTHER PRODUCT, SERVICE OR DATA OF ANY THIRD PARTY. ENTRATA DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF COMPLETENESSACCURACY, NON-NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YAQEEN EXPRESSLY DISCLAIMS, AND SHALL HAVE NO LIABILITY FOR, ANY ERRORS, OMISSIONS, INACCURACIES, OR INTERRUPTIONS IN THE DATA. USER ASSUMES ALL RISK ASSOCIATED WITH USE OF THE DATA AND AGREES THAT IN NO EVENT SHALL YAQEEN ENTRATA WILL NOT BE LIABLE TO YOU OR RESPONSIBLE IN ANY THIRD PARTY FOR ANY DIRECTWAY, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTIONS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE DATA BASED ON ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, BREACH OF IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR OTHER INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, RELATING TO THE USE OF OR RELIANCE UPON ANY API, ANY DATA TRANSMITTED VIA AN API OR ANY INTERFACE, OR ANY OTHER PRODUCT OR SERVICE OFFERED BY ENTRATA HEREUNDER, EVEN IF USER ENTRATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEVELOPER’S SOLE REMEDY AGAINST ENTRATA FOR DISSATISFACTION WITH THE API IS TO STOP USING THE API. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN ENTRATA AND DEVELOPER. IF, NOTWITHSTANDING THE FOREGOING DISCLAIMERS OR ANY OTHER PROVISIONS OF THIS AGREEMENT, ENTRATA IS FOUND TO BE LIABLE FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE USE OF ANY API OR ANY OTHER ACTIVITY UNDER THIS AGREEMENT, ENTRATA’S LIABILITY WILL IN NO EVENT EXCEED $100.

Disclaimers and Limitations of Liability. THE DATA IS PROGRAM AND ANY PROGRAM MATERIALS ARE PROVIDED “AS IS.” WITHOUT WE WILL IN NO EVENT BE LIABLE FOR ANY WARRANTY LOSS OF DATA OR CONTENT, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY KIND, EITHER EXPRESS OR IMPLIED, ARISING BY LAW EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR LIABILITY HEREUNDER EXCEED THE AMOUNT OF ROYALTIES DUE AND PAYABLE TO DEVELOPER UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING SUCH CLAIM. WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM OR PROGRAM MATERIALS, ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF COMPLETENESS, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YAQEEN EXPRESSLY DISCLAIMS, AND SHALL NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT ENSURE THAT CONTENT SUBMITTED BY OR ON BEHALF OF YOU WILL BE PROTECTED FROM THEFT OR MISUSE, AND WE WILL HAVE NO LIABILITY FOR, ARISING FROM A FAILURE OF ANY ERRORS, OMISSIONS, INACCURACIES, SECURITY TECHNOLOGY OR INTERRUPTIONS IN PROCEDURE OR OF ANY END USER TO COMPLY WITH ANY TERMS OF USE REGARDING THE DATA. USER ASSUMES ALL RISK ASSOCIATED WITH USE OF THE DATA AND AGREES THAT IN NO EVENT SHALL YAQEEN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTIONS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE DATA BASED ON ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PROGRAM OR OTHERWISE, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimers and Limitations of Liability. (a) Warranty Disclaimer THE DATA SERVICE IS PROVIDED “AS ‘AS-IS” ’ WITHOUT ANY WARRANTY REPRESENTATIONS, WARRANTIES, CONDITIONS AND INDEMNITIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GRAVELHUB DISCLAIMS ALL REPRESENTATIONS, ARISING BY LAW WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF COMPLETENESS, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YAQEEN EXPRESSLY DISCLAIMS, AND SHALL HAVE NO LIABILITY FORUNINTERRUPTED OR ERROR-FREE OPERATION, ANY ERRORSTITLE, OMISSIONS, INACCURACIESNON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS, OR INTERRUPTIONS IN THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. GRAVELHUB DOES NOT PROVIDE ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR INDEMNITIES REGARDING THE DATA. USER ASSUMES ALL RISK ASSOCIATED WITH USE OF THE DATA AND AGREES THAT IN NO EVENT SHALL YAQEEN BE LIABLE TO YOU USE, VALIDITY, ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR RELIABILITY OF, OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTIONS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS, ARISING OUT RESULTS OF THE USE OF, OR INABILITY TO USEOTHERWISE RESPECTING, THE DATA BASED ON SERVICE OR ANY THEORY INFORMATION OR OTHER MATERIALS MADE AVAILABLE THROUGH THE SERVICE. GRAVELHUB DOES NOT ASSUME ANY OBLIGATION TO UPDATE THE SOFTWARE AND/OR SERVICE OR ADVISE OF LIABILITY INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), ANY FURTHER DEVELOPMENTS WITH RESPECT TO THE SOFTWARE AND/OR OTHERWISE, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESSERVICE.

Disclaimers and Limitations of Liability. THE DATA IS PROGRAM AND ANY PROGRAM MATERIALS ARE PROVIDED “AS IS.” WITHOUT WE WILL IN NO EVENT BE LIABLE FOR ANY WARRANTY LOSS OF DATA OR CONTENT, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY KIND, EITHER EXPRESS OR IMPLIED, ARISING BY LAW EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR LIABILITY HEREUNDER EXCEED THE AMOUNT OF ROYALTIES DUE AND PAYABLE TO DEVELOPER UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING SUCH CLAIM. WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM OR PROGRAM MATERIALS, ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF COMPLETENESS, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YAQEEN EXPRESSLY DISCLAIMS, AND SHALL NON- INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT ENSURE THAT CONTENT SUBMITTED BY OR ON BEHALF OF YOU WILL BE PROTECTED FROM THEFT OR MISUSE, AND WE WILL HAVE NO LIABILITY FOR, ARISING FROM A FAILURE OF ANY ERRORS, OMISSIONS, INACCURACIES, SECURITY TECHNOLOGY OR INTERRUPTIONS IN PROCEDURE OR OF ANY END USER TO COMPLY WITH ANY TERMS OF USE REGARDING THE DATA. USER ASSUMES ALL RISK ASSOCIATED WITH USE OF THE DATA AND AGREES THAT IN NO EVENT SHALL YAQEEN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTIONS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE DATA BASED ON ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PROGRAM OR OTHERWISE, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimers and Limitations of Liability. 10.1. THE DATA IS SERVICE EXCHANGE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY AND “AS AVAILABLE.” SLA CREDITS ARE YOUR SOLE MONETARY REMEDY AND OUR SOLE LIABILITY WITH RESPECT TO UNAVAILABILITY OR OTHER SLA PERFORMANCE ISSUES RELATING TO THE SERVICE EXCHANGE SERVICES. WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR WHETHER EXPRESS, IMPLIED, ARISING BY LAW STATUTORY OR OTHERWISEOTHERWISE REGARDING THE SERVICE EXCHANGE SERVICES, INCLUDING BUT ANY WARRANTY THAT THE SERVICE EXCHANGE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE SECURE OR NOT LIMITED OTHERWISE LOST OR DAMAGED, OR THAT ANY THIRD PARTY WILL CONTINUE TO SUPPORT CONNECTIVITY OR YOU. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF COMPLETENESSMERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YAQEEN EXPRESSLY DISCLAIMSQUIET ENJOYMENT, AND SHALL HAVE NO LIABILITY FOR, ANY ERRORS, OMISSIONS, INACCURACIES, OR INTERRUPTIONS IN THE DATA. USER ASSUMES ALL RISK ASSOCIATED WITH USE OF THE DATA AND AGREES THAT IN NO EVENT SHALL YAQEEN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTIONS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS, WARRANTIES ARISING OUT OF THE USE OF, ANY COURSE OF DEALING OR INABILITY TO USE, THE DATA BASED ON ANY THEORY USAGE OF LIABILITY INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESTRADE.

Disclaimers and Limitations of Liability. THE DATA IS PROVIDED U.S. BANK PROVIDES FX WEB TO YOU ON AN “AS IS,” WITHOUT ANY WARRANTY “AS AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND WITH RESPECT TO USE OF FX WEB. U.S. BANK DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER WHETHER EXPRESS OR IMPLIEDIMPLIED OR STATUTORY, ARISING BY LAW OR OTHERWISEINCLUDING, INCLUDING BUT NOT LIMITED TO WITHOUT LIMITATION, ALL WARRANTIES OF COMPLETENESS, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YAQEEN EXPRESSLY DISCLAIMSWITHOUT LIMITING THE FOREGOING, U.S. BANK DOES NOT WARRANT THAT THE OPERATION OF FX WEB WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING NECESSARY PRECAUTIONS AGAINST DAMAGE TO YOUR OPERATIONS THAT COULD BE CAUSED BY INTERRUPTIONS OR MALFUNCTIONS OF THIS WEB SITE AND SHALL HAVE NO LIABILITY FOR, ANY ERRORS, OMISSIONS, INACCURACIES, OR INTERRUPTIONS IN ASSUME THE DATARISK OF SUCH OCCURRENCES. USER ASSUMES ALL RISK ASSOCIATED WITH USE OF THE DATA AND AGREES THAT IN NO EVENT SHALL YAQEEN U.S. BANK, OR ITS SUBSIDIARIES AND AFFILIATES BE LIABLE TO YOU OR YOU, UNDER ANY THIRD PARTY FOR ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL OR INCIDENTAL DAMAGES, PUNITIVE THAT ARISE OUT OF YOUR USE OF FX WEB OR CONSEQUENTIAL DAMAGES INCLUDINGANY FAILURE OF PERFORMANCE, BUT NOT LIMITED TOERROR, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OMISSION, INTERRUPTION OR ACCESS DATADELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF BUSINESS, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTIONS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE DATA BASED ON ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF USER HAS BEEN ADVISED U.S. BANK IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.