N.Y. Comp. Codes R. & Regs. tit. 19 § 155.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 155.4 - Limitations

(a) An aggregation is not an official record of the Department of State. Certification of the information contained in an aggregation may be had only from the Department of State. The data is provided for information only. The purchaser or subscriber shall not represent that the information is an official record and shall make any statements and disclosures required by the contract with respect to such information.

(b) All corporations data supplied in accordance with this Part is provided on an "as is" basis. With respect to the purchase by and delivery to the purchaser or subscriber, and the purchaser's or subscriber's receipt, possession and use, sale, resale or transfer of the corporations data in any manner whatsoever, the department and the State of New York make no warranties, guarantees or representations of any kind, whether express or implied, or arising by custom or trade usage as to any matter whatsoever, without limitation, and specifically make no implied warranty of merchantability, fitness for any particular purpose or use, including but not limited, to adequacy, accuracy, correctness, completeness, currentness, reliability or conformity to any representation, description, sample or model, except that the department warrants solely that the corporations data initial and quarterly editions are reproductions of the same information then currently maintained by it in its information system.

(c) Without limiting subdivision (b) of this section, the department or the State of New York shall not be liable, in whole or in part, for any errors, omissions, or losses, including but not limited to loss of business opportunity, loss of profits or revenues, loss of data, loss of use or injury to persons or property, claims, liabilities, costs or damages, of any kind whatsoever, including but not limited to actual direct, indirect, special, consequential, incidental, punitive or other damages resulting from, caused by, or arising in connection with the purchase by and delivery to purchaser or subscriber, and the purchaser's or subscriber's possession, use or inability of use, sale, resale, or transfer, in any manner whatsoever, even if the department or the State of New York has been advised of the possibility of such errors, omissions, losses, injuries, claims, liabilities, costs, or other damages.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 155.4