Sentences with phrase «punitive damages resulting»

Previously, an injured person had the right to sue their insurer for the wrongful denial of benefits, and for mental distress and punitive damages resulting from the insurer's breach of contract and bad faith conduct.

The settlement negotiations may account for your past medical bills, future medical expenses, and possibly even punitive damages resulting from the accident.

Scotiabank and its Program Providers (including HRG), their affiliates, employees, agents or contractors are not liable or responsible for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by the fulfillment or non-fulfillment of services (including rewards) under this Program.

Scotiabank and its Program Providers, their affiliates, employees, agents or contractors are not liable or responsible for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by the fulfillment or non-fulfillment of services (including rewards) under this Program.

Not exact matches

Neither the Company, nor its officers, directors, employees, agents, distributors or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Company's web site.

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.

X. Limitation of Liability TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER SCIENTIFIC AMERICAN NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OR LOST PROFITS RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US.

Then, in 1994, a jury in Alaska ordered Exxon to pay an additional $ 5 billion in punitive damages as a result of a class - action lawsuit brought by thousands of Alaskan residents.

The Endocrine Society or its licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including without limitation lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the user materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, regardless of legal theory, whether or not the Endocrine Society had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose.

IHCU will not be held liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind, including but not limited to; loss of data, file corruption, or hardware failure, resulting from the effect of any malicious code or computer virus unintentionally transmitted by university staff members, faculty, students or affiliates.

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.

Bad policy backed by slipshod data equals damage to children, especially those from Black, Latino, and American Indian and Alaska Native households most - likely to be suspended, expelled and sent to juvenile justice systems (the school - to - prison pipeline) as a result of districts and other school operators overusing the most - punitive of school discipline.

Failure to comply with the provisions of a federal imminent hazard out - of - service order may result in action by the U.S. Attorney's Office for equitable relief and punitive damages.

Apple agreed to settle in the states» consumer lawsuits to avoid a jury trial that could have resulted in damages as high as $ 840 million, once punitive amounts are factored in.

IN NO EVENT SHALL EBOOK ARCHITECTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SOFTWARE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR SOFTWARE AND / OR ANY AND ALL PERSONAL INFORMATION AND / OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE OR SOFTWARE BY ANY THIRD PARTY, AND / OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEB SITE OR SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the fullest extent permitted by law, in no event and under no circumstances shall PetSmart Charities or the contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for direct, indirect, special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user's) or any unrelated party's use or inability to use the Sites, or your (or any authorized user's) or any unrelated party's reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms of Use fail of their essential purpose.

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL ANIMAL LEAGUE OR THE CONTRIBUTORS OF INFORMATION TO THE SITES OR OUR SPONSORS, LICENSORS OR AUTHORIZED REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) ARISING OUT OF YOUR (OR ANY AUTHORIZED USER»S) OR ANY UNRELATED PARTY»S USE OR INABILITY TO USE THE SITES, OR YOUR (OR ANY AUTHORIZED USER»S) OR ANY UNRELATED PARTY»S RELIANCE OR USE OF INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE INTERNET, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR OTHER DATA LOSS, ERRORS, DEFECTS, DELAYS IN OPERATION, SERVICE OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE SITES, EVEN IF WE, OR ANY OF OUR AUTHORIZED REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE REMEDIES STATED IN THESE TERMS FAIL THEIR ESSENTIAL PURPOSE.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

Any misuse of the sellers / breeders bloodlines could result in irreparable damage to that reputation, therefore should a puppy that was sold as a pet or with conditional breeding rights be utilized for breeding in a program other than outlined in this agreement, EQ Bostons will take legal action including repossession of the dog, recovery of punitive damages and recovery of all expenses associated in remedying the breach of contract including but not limited to: Attorney's fees, transportation, unpaid wages, shipping, and vet expenses.

According to Victoria Stilwell — a passionate advocate for positive reinforcement dog training methods and Editor - in - Chief of Positively.com — «punitive, dominance - based training techniques... often result in «quick fixes» but ultimately cause more long - term harm than good while damaging the owner - dog relationship.»

The only result will be a closing off of communications between developers and the public for fear that something discussed off - the - cuff or shown as a «work - in - development» will later be defined as a set - in - stone, contractually binding pact enforced by the threat of multimillion - dollar punitive damages.

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.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DAVID ZWIRNER, ITS AFFILIATES, SUBSIDIARIES OR LICENSORS, OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENT AND CONTRACTORS (COLLECTIVELY, THE «PROTECTED ENTITIES») BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE, THE WEBSITE PROPRIETARY CONTENTS, USER INFORMATION, SUBSCRIBER INFORMATION, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR DAVID ZWIRNER HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.

The Story of Stuff Project will not be responsible for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

You mentioned a punitive fee against China which attributes 100 % of all global carbon emissions and the resulting damage to China alone.

«That chasm provided predictability for businesses that damages would be limited solely to economic losses — those losses that come from damages as a direct result of the contract breach (not punitive damages).

As a result, punitive damages focus on the defendant's conduct, rather than the injuries suffered by the plaintiff.

In certain circumstances, you may be entitled to compensatory and punitive damages as a result of your claim.

The results of this deposition will often significantly influence not only the outcome of the case, but the size of the recovery, and the award of punitive damages.

'' (g) The total deterrent effect of other punishment imposed upon the defendant as a result of the misconduct, including, but not limited to, punitive damage awards to

Punitive damages are reserved only for the most despicable cases of negligence or reprehensible behavior which directly resulted in your injury.

Punitive damages, on the other hand, focus on the defendant's conduct that resulted in the plaintiff's injuries.

In its Cain opinion, the Court discusses the fact that punitive damages awarded in the Expedious Management Company case were common law punitive damages while the damages awarded in the instant case were the result of a statute.

Punitive damages are a tool that, although intended to be used as a deterrent, can result in sizeable awards depending on an individual judge's / jury's understanding of the facts.

As a result, punitive damages may not be awarded in every case.

The possibility of a 4 - 4 ruling in the Exxon Valdez punitive damages case as a result of Justice Alito's recusal (he holds stock in Exxon) has triggered a discussion around the blogosphere over whether there's a better way for the Court to handle recusals so as to avoid the possibility of a tie vote (in which case, the appellate court's ruling stands).

In addition to helping you get the compensation you deserve for your injuries resulting from a dog bite, your Louisville dog bite attorney can also determine if the dog's history of behavior makes the owner further liable for punitive damages as well.

Punitive damages are harder to recover because you will need to show that the medical professional inflicted injury upon you as a result of malicious or willful intent.

Punitive damages are most often awarded after a fatal accident or an accident that results in a catastrophic injury that will have a long term significant impact on your life.

Section 411.130 of the Kentucky Revised Statutes allows punitive damages to be awarded in wrongful death cases if the act that resulted in the death was either willful or the result of gross negligence.

This, if proven, could result in higher punitive damages for reasons set out in Whiten.

However, those claims that do succeed have resulted in noticeably larger punitive damage awards in recent years.

If you were injured as a result of the reckless or negligent actions of another person or a company, Texas law allows you to seek compensation and in some cases, punitive damages.

An older decision that resulted in a significant punitive damage award is the 1996 decision Mustaji v. Tjin12.

The plaintiff alleged in the statement of claim that the Bank displayed the same tactics and approach in his dismissal as in earlier dismissal, which had resulted in court awards of punitive damages against the bank.

In Ontario misconduct during the course of litigation can also result in an award of punitive damages.

Most recently in the 2015 decision Bansal v Maxsys Staffing and Consulting Inc. 4 the plaintiff, a dismissed recruitment agency account manager working as a dependent contractor, pled the following in support of his claim for punitive damages as a result of systemic wrongdoing:

Few personal injury cases result in punitive damage awards, and there may need to be a compensatory award before the court or jury can consider a punitive damage award.

Punitive damages are appropriate in situations where a party's intentional, reckless, or grossly negligent actions result in a wrongful death.