We would instead suggest that it was a social problem,
arising out of material inequality.
All copyright, trade marks and other intellectual property in or
arising out of the materials vest solely in us.
It was a fairly uneventful week, the most substantive decision being a family law case on the issue of variation of spousal support
arising out of a material change in circumstances.
Not exact matches
You agree to defend, indemnify and hold harmless NBCUniversal, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs)
arising out of or accruing from (a) any breach
of these terms, including any
of the foregoing provisions, representations or warranties, and / or from your placement or transmission
of any content onto NBCUniversal's servers, and / or from any and all use
of your account; (b) any
material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user
of your account that infringes any intellectual property right
of any person or entity or defames any person or violates their rights
of publicity or privacy; (c) any misrepresentation made by you in connection with your use
of the online services; and (d) any breach
of any
of the representation, warranties or other terms or conditions relating to use
of your User Content or the online services.
Frei believed that those who develop theology that way, beginning with existential questions
arising out of the human situation, will start reading the biblical stories as either historical raw
material or timeless truths and moral lessons.
Driver and company also interpreted worship in dramatic terms, noting that Christian worship
arises out of an impulse to act together, «to do something which either changes the relationship to the Divine or express it» Finally, there was a need, again
arising out of the religious drama movement, for
material that was appropriate for production in church.
«4 This vague sense
of interpenetrating processes constitutes the raw
material out of which adverbial perception
arises and is the basis for our naive confidence that our perceptions refer to something «real» in the external world.
The ethical question
arises rather
out of proper or improper use
of material things.
You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys» fees, made by any third party due to or
arising out of your use
of the Sites, the Applications, Content or
Materials in violation
of this Agreement and / or
arising from a breach
of this Agreement and / or any breach
of your representations and warranties set forth above.
Advertisers and advertising agencies will agree to indemnify and hold harmless The Publisher from any claim
arising out of the publication
of any
material or advertisement submitted to The Publisher by the advertiser and published in The Magazine or in any associated products whether delivered on paper or in electronic form.
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.
Neither Foodservice Equipment & Supplies, any
of its agents, nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages
arising out of Your access to, or use
of, this Site or any
material from this Site.
Any dispute
arising out of Your use
of this Site or
material from this Site shall be resolved according to the laws
of the State
of Illinois, United States
of America, without giving effect to that state's principles
of conflicts
of laws.
Limitation
of Liability Under no circumstances shall Kontos Foods be liable for any damages or injury, including any direct, incidental, consequential, punitive or other damages, that may result from the use
of, or the inability to use, this website or any
materials in this website, whether in an action
of contract, negligence or otherwise,
arising out of or in connection with the use or performance
of this website or information available in this website.
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.
THE ACTION NETWORK GROUP ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE
OF ANY KIND
ARISING OUT OF THE USE
OF ANY
OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR
MATERIAL FOUND THEREIN, OR AS A RESULT
OF BETTING RISKS OR FANTASY SPORTS RISKS.
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.
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 DAMAGE
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 DAMAGE
of the information or
materials, EVEN IF CREATING A FAMILY OR ITS AGENTS ARE NEGLIGENT AND / OR ARE ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE
OF THE POSSIBILITY
OF SUCH DAMAGE
OF SUCH DAMAGES.
GAS masks that can be carried around like pocket handkerchiefs are among the products that could
arise out of new
materials developed in the US.
«It's not fundamentally surprising, because physicists have thought for a long time that Majorana fermions could
arise out of the types
of materials used in this experiment.
By accessing, viewing, or using the works, content, or
materials on the Site, you consent and agree to (a) the exclusive jurisdiction and venue for any and all disputes
arising out of this Agreement or related to the Service are in the state and federal courts located in the State
of Maryland and (b) accept service
of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
You shall indemnify The Endocrine Society and its directors, officers, employees, agents, contractors and licensors («The Endocrine Society Indemnitees») against all claims, actions, suits, and other proceedings («Claims»)
arising out of or incurred in connection with the Site and your use
of the Site, your fraud, violation
of law, negligence, willful misconduct, or any other use
of the Site, the User
Materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, (except to the extent attributable to The Endocrine Society), or any breach by you of these Terms and Conditions and shall indemnify and hold the Endocrine Society Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys» fees and attorneys» disbursements) arising out of or incurred in connection with suc
Materials, the Site
Materials, the services, products, information and other materials on and in and made available through the Site, (except to the extent attributable to The Endocrine Society), or any breach by you of these Terms and Conditions and shall indemnify and hold the Endocrine Society Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys» fees and attorneys» disbursements) arising out of or incurred in connection with suc
Materials, the services, products, information and other
materials on and in and made available through the Site, (except to the extent attributable to The Endocrine Society), or any breach by you of these Terms and Conditions and shall indemnify and hold the Endocrine Society Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys» fees and attorneys» disbursements) arising out of or incurred in connection with suc
materials on and in and made available through the Site, (except to the extent attributable to The Endocrine Society), or any breach by you
of these Terms and Conditions and shall indemnify and hold the Endocrine Society Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys» fees and attorneys» disbursements)
arising out of or incurred in connection with such Claims.
PCOS Challenge, Inc. makes no warranty as to the accuracy
of any information on third party websites and accepts no liability for any claims, errors, and omissions or for any damage or injury to persons or property
arising out of the use or operation
of any products,
materials, instructions, methods or ideas provided by third parties.
BeautifulPeople shall have no Liability to the User
arising out of any Member's or unauthorized Other User's misuse
of information or other
material Posted by the User on the Service or to other Members.
In no event shall Free Sugar Momma Dating Sites 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 Free Sugar Momma Dating Sites» website, even if Free Sugar Momma Dating Sites or a Free Sugar Momma Dating Sites authorized representative has been notified orally or in writing
of the possibility
of such damage.
In no event shall top interracial dating sites 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 top interracial dating sites website, even if top interracial dating sites or a top interracial dating sites authorized representative has been notified orally or in writing
of the possibility
of such damage.
In no event shall Lesbian Cougar Dating Sites 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 Lesbian Cougar Dating Sites's website, even if Lesbian Cougar Dating Sites or a Lesbian Cougar Dating Sites authorized representative has been notified orally or in writing
of the possibility
of such damage.
This agreement shall be governed by and construed in accordance with the
material laws
of Switzerland.All disputes controversies or differences
arising out of or relating to this agreement, or breaches thereof, which can not be settled by the parties, shall be resolved, to the exclusion
of the ordinary courts by a one person Arbitral Tribunal in accordance with the International Arbitration Rules
of the Swiss Chamber
of Commerce.
In no event shall Native American Community Academy 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 Native American Community Academy's Internet site, even if Native American Community Academy or a Native American Community Academy authorized representative has been notified orally or in writing
of the possibility
of such damage.
The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning
of Section 15
of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost
of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise,
arising out of or based upon: (i) any untrue statement, or alleged untrue statement,
of a
material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a
material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any
of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares
of the Funds that are the subject
of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales
materials to be filed with the FINRA on a timely basis.
The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning
of Section 15
of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost
of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise,
arising out of or based upon: (i) any untrue statement, or alleged untrue statement,
of a
material fact required to be stated in either any Registration Statement or any Prospectus, (ii) the breach
of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a
material fact required to be
You agree to indemnify and hold PetSmart Charities and its officers, agents, employees, and other partners, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or
arising out of your submission
of Contributed
Materials or other use
of this Site, including your use
of this Site to provide a link to another site or to upload content or other information to this Site.
Limitations In no event shall Minnesota Spay Neuter Assistance Program 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 Minnesota Spay Neuter Assistance Program's Site, even if Minnesota Spay Neuter Assistance Program or a Minnesota Spay Neuter Assistance Program authorized representative has been notified orally or in writing
of the possibility
of such damage.
If any controversy, allegation or claim
arises out of or relates to the sites, the
materials, your use
of the sites, and these Terms, (collectively, «Dispute»), or to any
of the sites actual or alleged intellectual property rights (an «excluded dispute»), then you and we agree to send a written notice to the other providing a reasonable description
of the Dispute or excluded dispute, along with a proposed resolution
of it.
«This is a class action
arising out of Defendants» failure to perform the
material terms
of an offer made to Plaintiff and other consumers comprising the class for a Starwood Preferred Guest («SPG»)- branded American Express credit card; namely, the promise
of 35,000 hotel loyalty points, called SPG Starpoints, in exchange for $ 5,000.00 in qualifying purchases made to the card during the first six months after issuance,» Heilman said in the filing.
By accepting points or rewards, or by accepting or using an RBC Bank credit card account, you agree to indemnify each
of RBC Bank, Kobie Marketing, other program partners, and each
of their respective officers, directors, employees, agents, affiliates and successors for any and all claims, damages, expenses, losses and causes
of action (including attorney fees and court costs) incurred or suffered by any
of the foregoing persons or entities and
arising out of or relating to your breach
of any provision
of these Program rules, or any
materials (regardless
of form) that are provided by you.
Rothschild's work — which is made
out of materials such as jesmonite, Perspex, steel, leather, incense and beads — is concerned with how certain qualities
of corporeality might be invested with spiritual meaning, and the precise point at which narratives might
arise out of formal arrangements.
Painting is a profound ritual
of building complete universes
out of modest
materials; earth and seed oil are the mud
of creation from which new worlds
arise.
You agree to fully indemnify and hold harmless PAF and its trustees, officers, employees, and agents against any and all claims, demands, liabilities, damages, and / or expenses
of any nature, including without limitation reasonable attorney fees,
arising out of or related to your use
of content or
materials on the Site.
Neither the World Photography Organisation, nor any other party involved in creating, producing, or delivering the Site, nor any naming right sponsors, event sponsors and third parties affiliated with the World Photography Awards and the World Photography Organisation («Event Partners») shall be liable for any direct, incidental, consequential, indirect, or punitive damages
arising out of Your access to, or use
of, or browsing the Site, or downloading
of any
materials, data, text images, video, or audio from the Site, including, without limitation, damage to, or viruses that may infect, Your computer equipment or other property as a result thereof.
The State
of New York, its officers, employees, and / or agents shall not be liable for damages or losses
of any kind
arising out of, or in connection with, the use or performance
of such information, including but not limited to, damages or losses caused by reliance upon the accuracy
of any such information, or damages incurred from the viewing, distributing, or copying
of such
materials.
Rothschild's work - which is made
out of materials such as jesmonite, Perspex, steel, leather and beads - is concerned with how certain qualities
of corporeality might be invested with spiritual meaning, and the precise point at which narratives might
arise out of formal arrangements.
Experimentation with new processes and
materials was taking place; works that
arose out of a collision between art and technology, for example, a fibre - glass sculpture by Bruce Nauman will be on show.
His compositions
arise out of rubbing, brushing, pouring, and scratching his
materials, endowing his works with a performative, gestural edge.
Two sets
of correlations are shown: one based only on the subfossil series and the other including the living tree
material whose precise elevations are not known and have been set here to a constant elevation
of 250 m. None
of the correlations is significant indicating that there is little evidence for an elevation influence on ring density and hence little age - dependent bias in the temperature reconstruction
arising out of the differences in sample heights shown in Figure 4.»
MacIsaac & Company, its lawyers, assistants, contractors and employees shall have no liability or responsibility for any damages or losses
of any kind whatsoever, whether
arising out of contract, tort or otherwise, relating to or
arising from the use or interpretation
of any
material or information provided on this website, or any
material or information found in any links to this website.
«TCC claims 2.1 The following are examples
of the types
of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement
of the decisions
of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development
of land or the construction
of buildings; (e) claims relating to the design, supply and installation
of computers, computer software and related network systems; (f) claims relating to the quality
of goods sold or hired, and work done,
materials supplied or services rendered; (g) claims between landlord and tenant for breach
of a repairing covenant; (h) claims between neighbours, owners and occupiers
of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims
arising out of fires; (k) claims involving taking
of accounts where these are complicated; and (l) challenges to decisions
of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»
The «dishonest case» argument is a subspecies
of this exception,
arising out of the case
of Independent Research Services v Catterall [1993] ICR 1: ``... whether the «without prejudice»
material involves, if it is suppressed, something amounting to a dishonest case being prosecuted if the pleaded case continues».