THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE...
This limitation of liability includes any claim based on warranty, contract, tort, strict liability, or any other legal theory.
Whoop
· Whoop Terms of Use
THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF A WHOOP PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A WHOOP PARTY'S NEGLIGENCE; OR FOR (A) ANY INJURY CAUSED BY A WHOOP PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
These limitations of liability do not apply to a party's (i) payment, confidentiality or indemnification obligations; (ii) liability for fraud, gross negligence or intentional misconduct; (iii) liability for death or personal injury; or (iv) violation of the other party's intellectual …
Fly.io
· Fly.io Terms of Service
IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN WILL REMAIN IN EFFECT.
GitHub
· GitHub Terms of Service
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose.
OpenAI
· OpenAI EU Terms of Use
we do not take responsibility for loss or damage caused by us, unless it is: caused by our breach of these Terms or reasonably foreseeable at the time of entering into these Terms.
We will only be responsible for foreseeable losses. If we break the Agreement, we will only be responsible for any loss that we could have foreseen at the time we entered into the Agreement.
Revolut
· Revolut Terms of Service (Superseded URL)
we will only be responsible for any loss that we could have foreseen at the time we entered into the Agreement.
The limitations of liability in this Section 4 are part of the basis of the bargain...shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law)...
THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY OR FOR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT...
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO, including our liability for: (i) death or personal injury arising from our negligence; (ii) our fraud or fraudulent misrepresentation...
Medium
· Medium Terms of Service
We don't exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of Medium.
OpenAI
· OpenAI EU Terms of Use
We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You still have the full protections of the laws applicable to you.
The liability of each Party and each Party's affiliates under this DPA is subject to the exclusions and limitations of liability set out in the Agreement.
Nothing in this Agreement excludes or limits either party's Liability for: (a) its fraud or fraudulent misrepresentation
Nothing in this Agreement excludes or limits either party's Liability for...(c) its infringement of the other party's Intellectual Property Rights
Nothing in this Agreement excludes or limits either party's Liability for...(d) its payment obligations under this Agreement
Plaid
· Plaid Terms of Use
THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 8 APPLY REGARDLESS OF THE FORM OF ACTION... AND WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS ARE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE
THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES...
The Licensed Materials are considered a part of the Services and subject to the disclaimers and limitations of liability set forth therein.
By disclaiming all warranties, Epic Games removes any implied assurances about the quality, fitness, or reliability of its Licensed Products and in-game content.
You are solely responsible for determining the appropriateness of using or redistributing the Model, Derivatives of the Model, and the Complementary Material and assume any risks associated with Your exercise of permissions...
Meta
· Llama Community License Agreement
By placing sole responsibility and all associated risk on the licensee, Meta ensures that any harm arising from use, redistribution, or reliance on outputs cannot be attributed to Meta.
IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER...ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION...
NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN THESE TERMS DO NOT ENTITLE YOU TO A REMEDY FROM OUR LICENSORS. UNLESS YOU ENTER INTO DIRECT AGREEMENT WITH THEM, THEY ARE NOT LIABLE TO YOU DIRECTLY FOR ANY DIRECT OR INDIRECT DAMAGES.
A $250.00 ceiling on total damages substantially limits a user's ability to recover losses from the Licensor regardless of the magnitude of actual harm.
Users have no warranty protection for some of the most life-critical functions a home security system may perform, leaving them without a contractual remedy if those features fail.
Eufy
· Eufy Terms of Service
This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
This cap limits the maximum financial recovery a Client can obtain from TaskRabbit regardless of actual damages suffered.