Sentences with phrase «such damages include»

Such damages include but are not limited to inconvenience, the cost of transportation, telephone calls and lodging, the loss of personal or commercial property, and the loss of pay or revenue.

SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, FINANCIAL LOSSES AND OR EMOTIONAL DISTRESS AND DISCOMFORT.

Dr. Laidlow was not willing to say for sure such damage included tears in the wall of the plaintiff's lumbar disc.

Not exact matches

If your business cleanup includes removal of items such as water - damaged merchandise, flooring or insulation, keep it all.

In this case, the black - and - white evidence against the cartel was revealed in the form of damaging email communications which included statements such as «with a bit of talking and cooperation between us, we all win!»

FXStreet will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.

You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys» fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Personal Liability protection covers damages that the policyholder and family members (including pets) might be at fault for such as medical bills or damage to someone else's personal property.

Yet even such huge figures are «woefully insufficient,» says John Ward, a Kansas economist who consults on economic damages for legal disputes, including wrongful death cases involving children.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

Such risks include loss prevention and damage mitigation.

(vii) Use any meta - tags, pay - per - click advertising, or any other «hidden text» using our Site's name or marks, and you hereby stipulate that any use of the Site's name or marks, or any other marks owned by Us is an infringement upon our trademark rights, and you stipulate to make payment of liquidated damages of five thousand dollars ($ 5000) per such infringement as a genuine pre-estimate of the loss and damage that will be suffered by Us as a result of such infringement, plus you agree to pay any and all fees incurred in the recovery of this amount, including attorney's fees and all associated costs;

Without limiting any of the foregoing, in no event shall MSCI, S&P, any of their affiliates or any third party involved in making or compiling the GICS or any GICS classifications have any liability for any direct, indirect, special, punitive, consequential or any other damages (including lose profits) even if notified of the possibility of such damages.

Without limiting any of the foregoing, in no event shall any of the MSCI Parties have any liability for any direct, indirect, special, punitive, consequential or any other damages (including lost profits) even if notified of the possibility of such damages.

If the Saxo Bank Group at any time and for any reason, should become liable for the loss of any person and / or entity, including without limitation, if any provision of this disclaimer is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, the liability of the Saxo Bank Group shall be limited to such person's and / or entity's duly documented direct loss, which for the avoidance of doubt, and without limitation, shall not include damages for any incidental and consequential losses, damages for lost opportunity, damages for lost profit, statutory damages, nominal damages, punitive damages, restitutionary or disgorgement damages, damages for costs, including legal costs, and damages for any other indirect loss.

Neither Saxo Bank nor any of its third - party Information Providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to this Agreement or resulting from the use or the inability to use the Services, including but not limited to damages for loss of profits, use, data or other intangible damages, even if such party has been advised of the possibility of such damages.

If required to do so by law or in the good faith belief that such action is appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and / or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

At any stage of development, man as a person in community and also the community of persons who are moving towards «civilization», may be deflected from following the main «aim», and hence may become either a backwater in the ongoing movement or be victims of maladjustment so serious that damage is done not only to the whole dynamic process but also to the smaller organisms or societies, including man himself as such an organic entity.

Perhaps you'll permit a broadening of the discussion to include a brother bishop from a different country, for I must tell you, in a spirit of collegial candor, that such a suggestion is gravely mistaken and damaging.

In no event will Packaging Europe magazine, its affiliates, agents, suppliers or licensors be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if Packaging Europe magazine has been advised of the possibility that such damages may arise.

Its X-ray models can detect a variety of contaminants including metal, glass, bones, shells, stones, hard rubber and plastic down to 0.3 mm in size, and can also be used for other quality control operations such as product grading by length, presence of clips, voids in product, product deformation, missing or damaged pieces, and fill - level control.

IN NO EVENT SHALL Atlantic Coca - Cola Bottling Company OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF Atlantic Coca - Cola Bottling Company OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall Pure Food Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Pure Food Company's Internet site, even if Pure Food Company or a Pure Food Company authorized representative has been notified orally or in writing of the possibility of such damage.

In no event shall BEAM SUNTORY, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site.

RELEASE: Member hereby releases and agrees to indemnify and hold harmless The Greene Turtle from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person (s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity / privacy, libel, or slander), due in whole or in part, directly or indirectly to the Member's participation in the Turtle Rewards program, or the receipt, use or misuse, of Turtle Rewards or any other reward.

In no event shall Non-GMO Project, its officers, directors, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, and / or assigns be liable for any damages, whether arising in contract, tort or otherwise and including, without limit, any special, incidental, direct, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss or corruption of business information or other data, cost of cover, or any other pecuniary loss) arising out of the use of or inability to use the Website, including without limitation, Your participation in any interactive aspect of the Website and Your use of any information provided on or in connection with or obtained from the Website, even if Non-GMO Project has been advised of the possibility of such damages.

Non-GMO Project and / or its officers, directors, contractors, employees, distributors, advertisers, sublicensees, agents, and / or attorneys shall not be liable for damages or losses of any kind arising out of or in connection with the use or performance of information provided on or in connection with or obtained from the Website, including without limitation, damages or losses caused by reliance upon the accuracy or timeliness of any such information, or damages incurred from the viewing, distributing, or copying of those materials.

Major Products Inc. shall not be not liable for any damages resulting from the use of (or inability to use) the Websites, including damages caused by viruses or any incorrectness, or incompleteness of the Information, unless such damage is the result of any wilful misconduct or from negligence on the part of Products.

(vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND / OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS» FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Dare it be argued that perhaps van Gaal's own self - importance — potentially ignited by indirectly replacing one of the globe's most celebrated and decorated managers of all time, Sir Alex Ferguson — is damaging the careers of such players as those stated above, including British record - signing Di Maria?

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE USTA FAMILY OF COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY USTA FAMILY OF COMPANIES SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF THE USTA FAMILY OF COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You shall further fully indemnify and keep Car Throttle fully indemnified against any costs, claim, demand, action, damages, loss and / or expense (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties, legal costs and any other reasonable costs and expenses suffered or incurred by Car Throttle) arising directly or indirectly from any breach or non-performance by you of this Agreement and you shall pay all such costs, claim, demand, action, damages, loss and / or expense forthwith on demand by Car Throttle.

I / WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the CHICAGO SPORT & SOCIAL CLUB, INC. («CSSC») and its affiliates (CSSC and its affiliates are referred to collectively as the «CLUB»), the sufficiency of which consideration is expressly acknowledged, and intending to be legally bound, do hereby, for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities used by the participant, including its owners, managers, promoters, lessees of premises used to conduct the event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the CHICAGO SPORT & SOCIAL CLUB, INC. («CSSC») and its affiliates (CSSC and its affiliates are referred to collectively as the «CLUB»), the sufficiency of which consideration is expressly acknowledged, and intending to be legally bound, do hereby, for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as «Releasee»... FROM ALL LIABILITY TO THE UNDERSIGNED, my / our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR Oincluding its owners, managers, promoters, lessees of premises used to conduct the event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the CHICAGO SPORT & SOCIAL CLUB, INC. («CSSC») and its affiliates (CSSC and its affiliates are referred to collectively as the «CLUB»), the sufficiency of which consideration is expressly acknowledged, and intending to be legally bound, do hereby, for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as «Releasee»... FROM ALL LIABILITY TO THE UNDERSIGNED, my / our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OINCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.

I have read various team news speculation during the week about formations and lineups which range from pragmatic damage limitation to the more bizarre including suggestions of playing Zabaleta at centre back or in midfield; strange that those having criticised Bilic for playing players out of position would believe that such an idea would have any more legs than the player himself.

You understand and agree that the owners of this site shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, data or other intangible losses (even if the owners of this site have been advised of the possibility of such damages), resulting from the use or the inability to use the product (s) and or service (s) or any misuse of the product (s) and or service (s) in a manner not in accordance with their intended use.

By submitting an Entry, each Participant (whether declared a Winner or not) agrees (and agrees to affirm such in writing) to (i) abide by and be bound by these Official Rules and the decisions of DeliciousBaby on all matters relating to this Giveaway which decisions are final and binding in all respects, (ii) waive any right to claim ambiguity in the Giveaway or these Official Rules, (iii) forever and irrevocably release, discharge, indemnify and hold harmless the Giveaway Entities, and each of their respective officers, directors, licensors, employees, representatives and agents (collectively, the «Released Parties») from any liability, claims, demands, and cause of action from personal injury, loss or damage, including death, or property damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, from participation in this Giveaway or the use, misuse or acceptance or possession of the Prize or any portion thereof, or participation in any Giveaway - related activity; (iv) grant DeliciousBaby (where permitted by law) the right to use their name on a worldwide basis, in all forms of media, in perpetuity without review or further compensation and, (v) warrant and represent that the use of the materials submitted in this Giveaway will not violate the rights of any third parties.

You agree that to the fullest extent permitted by law you shall defend, indemnify and hold harmless Orlando Stroller Rentals, LLC from and against all claims, damages, losses, costs, and expenses, including, but not limited to attorneys» fees, legal costs and legal expenses, arising out of or resulting from this Agreement (including the performance, breach, or termination of this Agreement), your use of this Website, and / or your order or use of anything available through Orlando Stroller Rentals, LLC and / or this Website, provided that such claim, damage, loss, cost, or expense is not caused by the sole negligence or sole fault of Orlando Stroller Rentals, LLC.

Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys» fees, other than participant's actual out - of - pocket expenses (i.e. costs associated with entering this Giveaway), and participant further waives all rights to have damages multiplied or increased.

In no event shall Camp Kesem or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Camp Kesem's Internet site, even if Camp Kesem or a Camp Kesem authorized representative has been notified orally or in writing of the possibility of such damage.

In no event shall Sweet Dreams Infant Care or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Sweet Dreams Infant Care's Internet site, even if Sweet Dreams Infant Care or a Sweet Dreams Infant Care authorized representative has been notified orally or in writing of the possibility of such damage.

IN NO EVENT WILL CREATING A FAMILY BE LIABLE FOR ANY DAMAGES, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with the use of the information or materials, EVEN IF CREATING A FAMILY OR ITS AGENTS ARE NEGLIGENT AND / OR ARE ADVISED OF THE POSSIBILITY OF SUCH DDAMAGES, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with the use of the information or materials, EVEN IF CREATING A FAMILY OR ITS AGENTS ARE NEGLIGENT AND / OR ARE ADVISED OF THE POSSIBILITY OF SUCH Ddamages, losses or expenses arising out of or in connection with the use of the information or materials, EVEN IF CREATING A FAMILY OR ITS AGENTS ARE NEGLIGENT AND / OR ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES.

Liability - To the extent permitted by the applicable law, we disclaim all representations and warranties with respect to the Site and any Material thereon, either express or implied, including but not limited to any implied warranties of merchantability or fitness for any particular purpose; in no event will we be liable for indirect, special, incidental or consequential loss or damage which may arise in respect of the Site, its use, or in respect of other equipment or property, or for loss of profit, business, revenue, goodwill or anticipated savings, even if we have been advised of the possibility of such loss.

On topic questions included funding for items in the City's SIRR report and whether there is an alternative source for such items, whether the mayor is satisfied with the pace of City spending of federal money for Sandy relief, whether the mayor is confident of reaching his 500 construction starts and 500 reimbursement checks by Labor Day, Comptroller Scott Stringer's report on a lack of oversight on spending by the Department of Homeless Services, whether the City has the «right formula» for Build It Back, the total number of homes damaged by Sandy and when all will reached through Build It Back, how many of the 132 construction starts to date are repairs and how many are rebuilds and whether the mayor has closely examined the City's emergency management system in the context of preparing for a future coastal storm.

And international events such as the Greek economic crisis could still inflict serious damage on other European economies, including Britain's, as he acknowledged in his Budget speech.

These functions include a variety of activities which assist both governmental agencies and the general public, such as: (1) Review and approve and sign street acquisition and damage maps for Department of Transportation (DOT) and Department of Environmental Protection (DEP); (2) Review and approve street alteration maps; (3) Review and ensure the maintenance of survey monument information; (4) Review and ensure maintenance of street grade and elevation data for the Borough; (5) Issuance of street house numbers and the management of the topographical record room; (6) Present new revenue stream ideas and develop the fee structure for topography services and a system to collect, maintain and reconcile said fees; and (7) Work with the Office of Management and Budget, the Comptroller's Office and other Borough President's Offices to ensure that the fee structure and collection system is compatible and appropriate.

In order to facilitate such a comparative study, there is a need to develop methods for integrating data about events, specific localities, historical trajectories, and social conditions that precipitate acute outbreaks of destructive violence, which includes damage to cultural heritage.

Such efforts include reducing land - based pollution, halting overfishing and preventing damage from tourism.

According to Dr. Philip Awadalla, senior author and principal investigator, «the fact that two very close populations (French versus French Canadians) accumulate such an excess of differences in rare variants has important consequences in the design of genetic studies, including the identification of possibly damaging mutations associated with diseases specific to this population.»

To the full extent permissible by law New Scientist Ltd shall have no liability for any damage or loss (including, without limitation, financial loss, loss of profits, loss of business or any indirect or consequential loss), however it arises, resulting from the use of or inability to use this website or any material appearing on it or from any action or decision taken as a result of using the website or any such material.

Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, Acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, and / or any other cause beyond the reasonable control of the party whose performance is affected.