User's Manual
Trackerwave Coaster
21
writing or by e-mail of any scheduled service disruption. However,
Company does not warrant that the Services will be uninterrupted or
error free; nor does it make any warranty as to the results that may be
obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN
THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE
PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION OF LIABILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR
BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS
(INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY
SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS
AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT
TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND
CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION
OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR
COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT,
EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C)
FOR ANY MATTER BEYOND PRODUCT WARRANTY PERIOD; OR (D) FOR
ANY MALFUNCTION BEYOND COMPANY’S REASONABLE CONTROL; OR
(E) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED
WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO
COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12