Sentences with phrase «alleged losses by»

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Unfortunately, there was only one study backing green coffee's alleged weight - loss capabilities, and it was funded by the extract's manufacturer.
The indictment alleges that MegaUpload, led by Kim Dotcom, is responsible for more than $ 500 million in losses to copyright holders.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.
You agree to indemnify, defend and hold harmless Franklin Templeton, its subsidiaries and affiliates, and each of its and their officers, directors, employees and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including attorney's fees and costs, arising out of or related to (i) your improper access to or use of this Site, (ii) any violation by you of these Terms of Use, (iii) any User Content that you Submit to or via the Site or (iv) any actual or alleged infringement or violation by you of the intellectual property or other proprietary right of any third party.
While predatory pricing technically remains illegal, it is extremely difficult to win predatory pricing claims because courts now require proof that the alleged predator would be able to raise prices and recoup its losses.405 Revising predatory pricing doctrine to reflect the economics of platform markets, where firms can sink money for years given unlimited investor backing, would require abandoning the recoupment requirement in cases of below - cost pricing by dominant platforms.
In Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 98 the Supreme Court formalized this premise into a doctrinal test.The case involved cigarette manufacturing, an industry dominated by six firms.99 Liggett, one of the six, introduced a line of generic cigarettes, which it sold for about 30 % less than the price of branded cigarettes.100 Liggett alleged that when it became clear that its generics were diverting business from branded cigarettes, Brown & Williamson, a competing manufacturer, began selling its own generics at a loss.101 Liggett sued, claiming that Brown & Williamson's tactic was designed to pressure Liggett to raise prices on its generics, thus enabling Brown & Williamson to maintain high profits on branded cigarettes.
Ackman's allegations aren't evidence that Herbalife committed fraud, so investor Abdul Awad and two pension funds that joined his suit can't show that losses they suffered were caused by the company's alleged misrepresentations, U.S. District Judge Dale S. Fischer in Los Angeles wrote in a March 16 ruling.
In In re Oracle Corp., the Ninth Circuit similarly held that plaintiffs can not prove loss causation «by showing that the market reacted to the purported «impact» of the alleged fraud... rather than to the fraudulent acts themselves.»
Bitcoin.com is not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services mentioned in this article.
Fintechnewsis not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services mentioned in the press release.
Wal - Mart is testing the use of facial recognition software to support loss prevention efforts by scanning shoppers as they enter the store and cross referencing the images with a database of alleged shoplifters.
The usual assertions are (1) that this kind of religion is today on the defensive; (2) that the defensive posture is occasioned by the flourishing of «conservative churches» (although the alleged liberal enervation is also seen in more autonomous terms); (3) that the growth in religious conservatism and conservative churches is itself the result of widespread reaction against «secular humanist» values and against those who hold such values; (4) that our society as a whole has been experiencing a breakdown in moral consensus, a loss of moral coherence somehow connected with a decline in oldline Protestant dominance; and (5) that some or all of these happenings have been quite sudden, so that the early 1960s can be taken as a kind of benchmark — as a time before the fall.
You agree to defend, indemnify, and hold harmless the Action Network Group and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and / or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.
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 OTHERWISby 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 OTHERWISBY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW WORLD RUGBY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, PRODUCTS, OR OTHER MATERIAL AVAILABLE ON THE SITE OR ON THIRD PARTY LINKED WEBSITES.
Sections 69 and 110 of the Constitution of the Federal Republic of Nigeria and section 116 of the Electoral Act 2010 (as amended) empowers INEC to conduct Recall proceedings against a member of the National Assembly, State House of Assembly, or the Area Council of the FCT, upon the receipt of a valid petition alleging a loss of confidence in the member, by more than 50 % of voters registered to vote in that member's constituency.
Odukoya is also alleged by the EFCC to have used the false document and also gave false information on oath, concerning the loss of the certificate of occupancy at the Lagos State Land Registry.
Rising sea levels, loss of water in the Great Lakes, and reduced hydropower were among the injuries alleged by the plaintiffs; the lawsuits have since been combined, and two states have dropped out since the original suit was filed.
The publisher, authors, editors, reviewers, and contributors have taken care to ensure that the information contained in APhA DrugInfoLine is accurate and current; however, they shall have no ability to any person or entity with regard to claims, losses, or damage caused or alleged to be caused, directly or indirectly by use of any information contained in the publication.
For medical and psychological diagnosing, prescribing and treatment, you agree to consult a licensed professional.You agree that IB, the Inner Bonding authors and facilitators, and Inner Bonding Educational Technologies, Inc. shall have neither liability nor responsibility to any person or entity with respect to any alleged loss or damage alleged to be caused directly or indirectly by the Inner Bonding information or processes contained within.
In this release dated October, 2004 by the Federal Trade Commission, the FTC alleged that the marketers of Cortislim made false and unsubstantiated weight loss claims.
The User shall produce to BeautifulPeople written evidence of any claims for which it is alleged that BeautifulPeople are liable together with written details of how any loss was caused by BeautifulPeople and the steps the User have taken to mitigate the loss before BeautifulPeople shall have any Liability for the claim by the User.
If the proposed settlement agreement is approved by the Court, ruby will contribute a total of $ 11.2 million USD to a settlement fund, which will provide, among other things, payments to settlement class members who submit valid claims for alleged losses resulting from the data breach and alleged misrepresentations as described further in the proposed settlement agreement.
In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage cause or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource.
You agree that The Math Learning Center shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third - party website, content, products, or services available on or through any such website or resource.
Specifically, the complaint alleges that defendants misrepresented or failed to disclose: (1) Barnes & Noble's Nook e-book reader sales had dramatically declined; (2) the Company would shutter its Nook manufacturing operations altogether; (3) the carrying value of the Nook assets were impaired by millions of dollars; (4) the carrying value of the Nook inventory was overstated by $ 133 million; (5) the Company was expecting fiscal 2014 retail losses in the high single digits; (6) Barnes & Noble had over-accrued certain accounts receivables; (7) Barnes & Noble was unable to provide timely audited financial results for fiscal 2013; and (8) the Company might be forced to restate its previously reported financial results.
We shall have no liability for and you agree to reimburse, indemnify and hold us, our affiliates and our and their partners, directors, officers and employees and any person controlled by or controlling us harmless from all Losses that result from: (a) your or your agent's misrepresentation, act or omission or alleged misrepresentation, act or omission, (b) Capital One Investing following your or your agent's directions or failing to follow your or their unlawful or unreasonable directions, (c) any of your actions or the actions of your previous advisers or custodian, (d) the failure by any person not controlled by Capital One Investing to perform any obligations to you, and (e) your failure to provide accurate information on your Account Application or to update that information.
You further acknowledge and agree that SLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such website.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
In no event should SDPM be responsible or liable directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information available on or through any such site or resource.Health - related topics and legal information found on any SDPM page or affiliate sites should not be used for diagnosing purposes or be substituted for medical advice or legal advice.
Indemnity You shall indemnify and keep Bark Busters indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by Bark Busters whether or not reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any breach or alleged breach by you of any of these Terms of Use.
You agree that Found Animals will not be liable for any damage or loss caused or alleged to be caused by you in reliance on any information contained on the Registry.
Neither the Slow Travel Classifieds, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from the Slow Travel Classifieds or your inability to access the Internet or any site linked to or from the Slow Travel Classifieds.
You further acknowledge and agree that Awesome Destination — World Travel Blog shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Chichen Itza assumes no responsibility for the contents of any other web sites to which the Chichen Itza has links and shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such hyper linked sites.
You further acknowledge and agree that Koch Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such third party sites or resource (s).
Everiss's attacks have attracted attention from more than just gamers fascinated by Evony's ads and alleged practices; Warren McKeon Dickson Lawyers, an Australian law firm representing UMGE, sent notice that it would sue the marketer for damages and defamation unless he removed the articles from his site, published a form apology, and offered to «pay compensation for loss suffered by Evony.»
As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Michaels and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys» fees and expenses)(each, a «Claim») arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
You further acknowledge and agree that David Zwirner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
The Howard Hodgkin Website makes no representations as to the security quality or propriety of any website which may be accessed through this website and accepts no liability for the content or for any loss or damage caused or alleged to have been caused by the use of or reliance on information contained in such websites or goods or services purchased therefrom.
Under the guise of preventing «dangerous manmade climate change» and compensating poor countries for alleged «losses and damages» due to climate and weather caused by rich country fossil fuel use, they had planned to control the world's energy supplies and living standards, replace capitalism with a new UN-centered global economic order, and redistribute wealth from those who create it to those who want it.
In the course of my work I frequently had to deal with the company's solicitors and one day they asked me whether I could help them by giving expert evidence on the capital value of loss suffered by a man who was permanently disabled as a result of someone's alleged negligence driving a car.
You also acknowledge and agree that Legal Media Matters LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites.
If the first lawyer's negligence had caused loss to the plaintiff, Power, J. would have reduced the plaintiff's damages by 50 per cent to account for her contributory negligence in failing to disclose her alleged illiteracy and lack of understanding of the documents she signed.
Index No. 2007 / 114462), was brought by Rassas Al Ghaithi, on an individual basis and on behalf of his children and deceased wife, and alleged personal injury and loss of consortium caused by an October 6, 2007 explosion in their apartment at 10 West 119th Street.
Dispute for malicious prosecution brought by third - party adversary of client alleging counsel had unlawfully recorded and maintained lis pendens on apartment building in major city, resulting in multi-million dollar loss
A claim for loss of consortium alleges damages suffered by a loved one of a person who has been injured or killed as a result of a defendant's negligent, intentional or otherwise wrongful act.
Russian oil company Yugraneft, a subsidiary of Sibir Energy, brought a claim alleging Abramovich, Millhouse Capital UK Ltd and Boris Berezovsky, acted fraudulently by reducing its percentage interest in the venture from 50 % to one per cent, and sought billions of dollars in losses.
Examples of his recent case - load are: led by Ed Pepperall QC in a large - scale action arising from a defective share sale; defended solicitors from allegations arising from property transactions, including alleged breaches of the Etridge guidance; acting for a claimant against solicitors who negligently handled his litigation; defending an IFA from allegations of inappropriately risky investment advice; acting for solicitors claiming contributions from another firm in respect of their own liability for breach of trust; advising clients on a claim against surveyors for losses arising from negligent property valuations.
The plaintiff alleged that the lawyer, by drafting an affidavit for signature by one individual, allowed a second individual to defraud the plaintiff, and that the lawyer was therefore liable to the plaintiff for his loss of equity in two properties.
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