Limitations of Warranties and Liability. THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED TO OR ARISING FROM CUMMINS’ SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN.
Limitations of Warranties and Liability. You understand and agree that neither we nor our third party service providers make any warranties or have any liability as to: • Any offers, commitments, promotions, money back, or other incentives offered by any of the merchants in Purchase Rewards; • Any rewards offer is provided to you “AS IS” and “AS AVAILABLE”; • Your failure or inability to comply with offer guidelines; • The accuracy, timeliness, loss or corruption, or misdelivery, of any qualifying purchase information or any other information; or • Unauthorized access to your account(s) or to your account information and any misappropriation, or alteration, of your account information or data, to the extent that the unauthorized access results from your acts or omissions.
Limitations of Warranties and Liability. (a) THE ADVERTISING SERVICE PROVIDED BY COMPANY, ITS USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY MAKES NO WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES. COMPANY DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. COMPANY DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL ORDERS ARE CONTINGENT UPON COMPANY'S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL. COMPANY WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY AND ONLINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATES.
Limitations of Warranties and Liability. 12.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NO WARRANTY, WHETHER EXPRESS OR IMPLIED, IS MADE WITH RESPECT TO THE SOFTWARE, SAAS, HARDWARE, SOFTWARE DOCUMENTATION, SAAS DOCUMENTATION OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT.
Limitations of Warranties and Liability. You understand and agree that we make no warranties and have no liability as to:
Limitations of Warranties and Liability. PLEASE READ THIS SECTION CAREFULLY, IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. Customer acknowledges and agrees that CCVN has priced its Services and entered into this Agreement in reliance upon the limitations of liability set forth herein, and that the same form an essential basis of the bargain between the parties. Customer understands and agrees that the limitations and exclusions of liability and disclaimers in the agreement will survive and apply even if found to have failed of their essential purpose. If any of the exclusions in this Agreement is found invalid, CCVN’s liability is limited to the maximum extent permitted by law.
Limitations of Warranties and Liability. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMEVO DISCLAIMS ANY AND ALL EXPRESS WARRANTIES. COMEVO WILL NOT BE LIABLE FOR ANY LOSS OF BUSINESS OR PROFITS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SIMILAR DAMAGES, OR, OTHER THAN AS SET FORTH IN THIS AGREEMENT, FOR CLAIMS OF DAMAGES MADE BY ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT WILL COMEVO'S LIABILITY EXCEED THE TOTAL ACTUALLY PAID BY CLIENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, AS DEFINED IN THIS AGREEMENT.
Limitations of Warranties and Liability. (a) Disclaimer of Warranties. ALL SERVICES PROVIDED BY COMPANY ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, COMPANY MAKES NO WARRANTIES, GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL.
Limitations of Warranties and Liability. 12.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, No warranty, whether express or implied, is made with respect to the SOFTWARE, SAAS, hardware, Software Documentation, SAAS DOCUMENTATION or services, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
Limitations of Warranties and Liability. The Developer warrants to the Customer that the Scheduling Application will perform substantially in accordance with the features listed in this Agreement for the thirty (30) day period (“Warranty Period”) following the installation of the Scheduling Application. This Limited Warranty is void if anybody except the Developer or a person who the Developer has authorized in writing modifies the Application during the Warranty Period. To make a warranty claim, the Customer must contact the Developer within thirty (30) day period following the installation of the Scheduling Application. If the Software does not perform substantially in accordance with this Agreement, the entire and exclusive liability and remedy shall be limited to either, at the Developer’s option, the replacement of the Scheduling Application or partial or full refund of the fee the Customer paid the Developer for the Scheduling Application. The Developer does not and cannot warrant the performance or results the Customer may obtain by using the Scheduling Application. Except for the foregoing limited warranty, the Developer makes no warranties. The Developer will make every effort possible to ensure that the Scheduling Application is free of any bugs or errors, however in no way is neither Scheduling Application nor the software used to develop this Application to be considered error or bug free. By using the software the Customer assumes all responsibility for any damages or lost data that may result from any errors or bugs in the software. Regardless of whether any remedy set forth herein fails of its essential purpose, in no event will the Developer be liable to the Customer for any special, consequential, indirect, incidental or special damages, including any lost profits or lost data arising out of the use or inability to use the software, regardless of whether the claim arises from breach of warranty, contract, tort (including negligence), strict liability or otherwise. Notwithstanding anything else contained in this agreement, in no event will the Developer’s total liability for all damages, losses and causes of action, whether in contract, tort (including negligence), strict liability or otherwise, exceed the amount paid by the Customer to the Developer for the Scheduling Application. The disclaimers and limitations set forth above will apply regardless of whether the Customer accepts to use the software. Compensation and Invoicing Schedule The Developer will submit 3 (three) invoice...
