Disclaimer of Warranties and Limitation of Liability
- Nothing in this Agreement shall limit the liability of Oxford Abstracts to the Customer for death or personal injury resulting from its own negligence or that of its employees, agents or sub-contractors or for fraudulent misrepresentation.
- IT IS THE CUSTOMER’S RESPONSIBILITY TO ENSURE THAT THE SERVICE IS SUITABLE FOR ITS NEEDS. IN PARTICULAR, OXFORD ABSTRACTS EXPRESSLY DISCLAIMS (i) ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICE WILL RESULT IN ANY ECONOMIC ADVANTAGE, INCREASE IN PROFITS OR REDUCTION IN COSTS AND (ii) ALL RESPONSIBILITY FOR THE CONTENTS OF ANY ABSTRACTS, PAPERS OR OTHER INFORMATION SUBMITTED BY THE CUSTOMER OR ANY THIRD PARTY USING THE SERVICE .
- EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE WITH RESPECT TO THE SERVICE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OXFORD ABSTRACTS BE LIABLE FOR ANY NEGLIGENCE OR TORTIOUS LOSS NOR FOR ANY INDIRECT LOSSES (WHICH FOR THE PURPOSES OF THIS CLAUSE SHALL BE DEEMED TO INCLUDE ANY OF THE FOLLOWING LOSSES WHETHER OR NOT THEY WOULD OTHERWISE BE TREATED AS INDIRECT LOSSES: LOSS OF PROFITS, BUSINESS, GOODWILL, CONTRACTS OR OTHER ECONOMIC LOSS, LOSS OF DATA AND ANY CONSEQUENTIAL LOSS WHETHER ARISING FROM REPRESENTATION, NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE).
- EXCEPT AS STATED IN CLAUSE 1, THE LIABILITY OF OXFORD ABSTRACTS TO THE CUSTOMER WITH RESPECT THE SERVICE SHALL BE LIMITED IN AGGREGATE TO DAMAGES NOT EXCEEDING THE TOTAL FEES AND CHARGES PAID BY THE CUSTOMER TO OXFORD ABSTRACTS UNDER THIS AGREEMENT.
- The Customer agrees that Oxford Abstracts accepts no liability to any person who makes use of the Service other than the Customer, in particular authors and others who submit abstracts, papers or other information to the Customer using the Service. Accordingly, the Customer agrees to indemnify Oxford Abstracts against all costs, damages and other liability of any nature incurred by Oxford Abstracts to such persons, whether or not caused by the negligence by Oxford Abstracts, provided only that Oxford Abstracts shall remain liable for liability caused by its fraud or gross negligence.