DISCLAIMERS AND LIMITATIONS OF LIABILITY
Please note that information in this document and all the feasibility studies prepared by Hurley Hospitality Creative are completed to the best of our ability based on the information available and are preliminary only subject to a full and detailed due diligence process and are always subject to your own enquiries which you should make of your professional advisers. Hurley Hospitality Creative Pty Ltd, its employees, servants and agents are not responsible for the results of any action taken on the basis of information in this report nor any errors or omissions.
In consideration of the supply of this report, Hurley Hospitality Creative Pty Ltd, its employees, servants and agents expressly disclaim all and any liability to any person in possession of this report in respect of the consequence of anything done or omitted to be done by any such person in reliance, in whole or in part, on the contents of this report.
The materials provided in this document are provided to the client on an “as is” and “as available” basis. Hurley Hospitality Creative makes no representations or warranties of any kind, express or implied, with respect to the information and the services provided or the results of use thereof.
Without limiting the foregoing, Hurley Hospitality Creative does not warrant that the information, the services provided or the use thereof are or will be accurate, error-free or uninterrupted. Hurley Hospitality Creative makes no implied warranties, including without limitation, any implied warranty of merchantability, non-infringement or fitness for any particular purpose or arising by usage of trade, course of dealing, course of performance or otherwise.
Hurley Hospitality Creative shall have no liability with respect to its obligations under this agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages even if Hurley Hospitality Creative has been advised of the possibility of such damages. Furthermore, Hurley Hospitality Creative shall have no liability whatsoever for any claim relating in any way to any decision made or action taken by licensee in reliance upon the licensed materials.
Limitation of Liability.
Hurley Hospitality Creative total liability to licensee for any reason and upon any cause of action including without limitation, infringement, breach of contract, negligence, strict liability, misrepresentations, and other torts, shall be limited to all fees paid to Hurley Hospitality Creative by the licensee during the twelve month period preceding the date on which such cause of action first arose.