Sentences with phrase «includes negligence»

It includes negligence on the part of the nursing home and its employees to take proper care of an elder resident.

This includes negligence claims against subcontractors, as well as product liability claims against the manufacturers of dangerous equipment or machines that are defective.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Help Scout Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

The researchers note that in Europe, over 95 % of all forest fires are caused by humans, including negligence when smoking cigarettes, using campfires and other open fires that are not put out properly, and even arson.

For example, we will not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs.

In no case shall Slickster Magazine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

In no event shall Global Educational Excellence, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

The plaintiff's attorney cites a number of different legal cases to support the finding that Smith should be held personally liable for his negligence: «It is well settled that an individual member of a limited liability company or an office of a corporation may be individual liable for his or her own torts, including negligence.»

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

In this clause 6 «Claims» means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising (including negligence, trespass to the person or for breach of implied terms in the sale of services under section 74 of the Trade Practices Act (1974) Cth and equivalent provisions contained in State sale of goods or fair trading legislation).

Coastal Stays Australia and its personnel are not liable for any direct or indirect damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website and the Website Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Coastal Stays Australia is advised of the possibility of such damages.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

This limitation of liability also applies irrespective of the cause, including negligence of us or a Supplier, withdrawal, cancellation, or failure to provide a Product, delay, any variation in the Product, the provision of substitute Products or a change in the Supplier.

6.1 Subject to clause 6.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the price of the Booking and, subject to clause 6.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

Our lawyers have defended class actions and individual cases alleging personal injury and property damage from environmental contamination or exposure to chemical products based on all types of legal theories, including negligence, fraud, failure to warn, negligent misrepresentation, trespass, private and public nuisance and damage claims such as «fear of cancer» and medical monitoring.

Possible legal theories that can be argued in a products liability case include negligence (lack of reasonable care in the manufacture or sale of the product or in warning about the product), breach of warranty (failure to fulfill the terms of a promise regarding the product's performance), misrepresentation (giving consumers a false sense of security about a product's safety), and strict liability (under which the product's defect, although not the fault of the defendant, rendered the product unreasonably dangerous and the defendant is therefore responsible).

Whether the causes include negligence, aggressive driving or distractions such as the use of cell phones or other passengers, the results can be catastrophic and life altering.

Obtained dismissals of suits against financial institutions seeking damages for claims including negligence, fraud, breach of fiduciary duty, unfair business practices and elder abuse.

In that time, Melissa has represented a number of governmental institutions and their elected officers including the Maricopa County Attorneys» Office, the Maricopa County Sheriff's Office, the Superintendent of Public Instruction, and the State of Arizona in a number of high profile cases involving a range of issues including negligence, Section 1983 liability, Title VII of the Civil Rights Act, the Equal Educational Opportunities Act, and cases involving the United States and Arizona constitutions.

Some of these causes of action include negligence, product liability and even premises liability.

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.

Grounds for a Massachusetts products liability lawsuit related to any of these defects can include negligence, breach of warranty, and misrepresentation.

There can be several causes of motorcycle accidents, including negligence of other drivers.

His areas of expertise include Negligence, Insurance, Commercial and Construction litigation, Appellate practice, and Trial practice.

Real estate broker issues, including claims against and defense of real estate brokers and agents including negligence, fraud / misrepresentation, breach of fiduciary duty, disclosure obligations.

Alyssa has experience assisting clients with a variety of legal issues, including negligence, insurance law, personal injury, contractual disputes, and estate litigation matters.

IN NO EVENT SHALL ICBCADVICE.COM, ITS OWNERS, OFFICERS, AFFILIATES, AUTHORS, AGENTS, LICENSORS, LICENSEES, EMPLOYEES OR INTERNET SERVICE PROVIDER (S)(COLLECTIVELY «ITS REPRESENTATIVES») BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF OPPORTUNITY, REVENUE, PERSONAL INJURY, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DEFAMATION OR ANY OTHER THEORY OF LIABILITY.

Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our services may be limited in our client care letter in relation to an individual matter.

Virtually all car accidents include some negligence or unreasonable actions which led to the incident.

loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

To the extent permitted by applicable law, NCN will not be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (i) the use, disclosure, or display of information by you on the Website, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not NCN has been informed of the possibility of such damage, and even if a remedy set forth in this agreement is found to have failed of its essential purpose.

The cases involve a range of claims including negligence, breach of trust, breach of fiduciary duty and fraud.

Our total aggregate liability (including liability for interest) whether in contract, tort (including negligence), under statute or otherwise arising from or in connection with the services we agree to provide to you pursuant to the Engagement Letter (including any addition or variation to that document) shall be limited to the amount specified in the Engagement Letter and if no amount is specified there, to the sum of # 5 million (five million pounds sterling).

Other education - related disputes including negligence claims, school transport, education outside school, attendance

BitcoinRewards will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise, subject to the relevant provisions of the Australian Consumer Law, as it may apply.

IN NO EVENT WILL THE UNCHAINED CAPITAL PARTIES» TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND THE OTHER UNCHAINED CAPITAL SERVICES, INCLUDING THE APPLICATION OR RECEIPT OF ANY BITCOIN LOAN, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $ 50 AND (B) THE FEES PAID BY YOU, IF ANY, TO UNCHAINED CAPITAL DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, WHICHEVER IS GREATER.

You understand and agree that in no circumstances RockstarCV, or any contractors it may use, shall and will be liable for loss of profits or any other special, incidental or consequential damages arising out of or in connection with our Services, Products or site (however arising, including negligence).

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

In no event shall the aggregate liability of Better Homes and Gardens Real Estate LLC, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Web Site exceed any compensation you pay, if any, to Better Homes and Gardens Real Estate LLC for access to, or use of the Web Site.

Not exact matches

As such, no warranty of accuracy or reliability is given and no responsibility arising in any other way for errors and omissions (including responsibility to any person by reason of negligence) is accepted by BlackRock, its officers, employees or agents.

Her experience includes a wide variety of insurance issues (automobile coverage disputes, commercial general liability, business interruptions, tenant liability, fire, and cannabis - related issues) as well as general commercial litigation issues related to contractual disputes, construction litigation and negligence.

No warranty of accuracy or reliability is given and no responsibility arising in any way for errors or omissions (including responsibility to any person by reason of negligence) is accepted by BlackRock.

Where any customer issue is not caused by our negligence or oversight, we reserve the right to recover reasonable administrative costs spent addressing the customer issue, including costs related to technology deployed to address the customer's issue and compensation provided for our customer service representative's labor hours.

Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event (s) complained of.

However, in no event shall Kontos Foods» total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this website.

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.

However, except to the extent liability can not be excluded due to the operation of statute, AFGC excludes all liability (including in negligence) for the consequences of any unauthorised access to your personal information.

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.

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.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR MEMBERSHIP IN THE USTA.