Common use of Warranty Disclaimer and Limitation of Liability Clause in Contracts

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx County, California. NOTICE REGARDING APPLE INC. (“APPLE”). If you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia only, not with Apple. Intermedia (and not Apple) is responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xxxxxxxxxx.xxx, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx 000

Appears in 3 contracts

Samples: User License Agreement, User License Agreement, User License Agreement

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Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN No warranty is given about the quality, functionality, availability or performance of PSN Services, or any content or service offered on or through PSN Services. All services and content are provided "AS IS" BASISand "AS AVAILABLE" with all faults. We may change, WITHOUT WARRANTY add or remove functionalities or features in our PSN Services, and we may suspend or stop our services altogether. We do not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this agreement, we expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY KINDDISSATISFACTION WITH OR DAMAGE ARISING FROM PSN SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN SERVICES IS LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESANY REMEDY FAILS ITS ESSENTIAL PURPOSE. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATIONYou acknowledge that PSN Services may require an internet connection for which you are solely responsible. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGESFurther, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUyou are solely responsible for payment of any third-party fees associated with your internet connection, including internet service provider or airtime charges. GOVERNING LAW AND VENUE This XXXX will be governed by The provision, quality and construed in accordance with security of internet connectivity are the laws sole responsibility of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx County, California. NOTICE REGARDING APPLE INC. (“APPLE”). If you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia only, not with Apple. Intermedia (and not Apple) is responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or providing your possession and/or use of the Serviceinternet service. Authorized Devices are sold separately. FOR FURTHER INFORMATION OR IF YOU HAVE QUESTIONS, includingPLEASE CONTACT SONY INTERACTIVE ENTERTAINMENT AMERICA CONSUMER SERVICES VIA OUR WEBSITE xxx.xxxxxxxxxxx.xxx/xxxxxxx, but not limited toBY PHONE AT 000-000-0000 OR AT THE FOLLOWING ADDRESS: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigationSONY INTERACTIVE ENTERTAINMENT AMERICA CONSUMER SERVICES DEPARTMENT, defense0000 XXXXXXXXXXXX XXXXXXX, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party termsXXX XXXXX, when using the Service. AppleXXXXXXXXXX, and Apple’s subsidiaries00000, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xxxxxxxxxx.xxx, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx 000XXXXXX XXXXXX OF AMERICA.

Appears in 2 contracts

Samples: Terms of Service and User Agreement, Terms of Service and User Agreement

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN No warranty is given about the quality, functionality, availability or performance of PSN Services, or any content or service offered on or through PSN Services. All services and content are provided "AS IS" BASISand "AS AVAILABLE" with all faults. We may change, WITHOUT WARRANTY add or remove functionalities or features in our PSN Services, and we may suspend or stop our services altogether. We do not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this agreement, we expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY KINDDISSATISFACTION WITH OR DAMAGE ARISING FROM PSN SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN SERVICES SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESANY REMEDY FAILS ITS ESSENTIAL PURPOSE. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx County, California. NOTICE REGARDING APPLE INC. (“APPLE”). If You acknowledge that PSN Services may require an internet connection for which you are using the Application on an iOS devicesolely responsible. Further, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia only, not with Apple. Intermedia (and not Apple) is are solely responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge payment of any third party claim that fees associated with your internet connection, including but not limited to internet service provider or airtime charges. The provision, quality and security of such internet connectivity are the Service and/or your possession and use sole responsibility of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party termsproviding such service. Authorized Devices are sold separately. PLEASE CONTACT SONY INTERACTIVE ENTERTAINMENT AMERICA CONSUMER SERVICES FOR FURTHER INFORMATION OR QUESTIONS VIA OUR WEBSITE xxxx://xxxxx.xxxxxxxxxxx.xxx/support/ask/ OR BY PHONE AT 000-000-0000 OR AT THE FOLLOWING ADDRESS: SONY INTERACTIVE ENTERTAINMENT AMERICA CONSUMER SERVICES DEPARTMENT, when using the ServiceP.O. BOX 58882207 BRIDGEPOINTE PARKWAY, SAN MATEO, CALIFORNIA, 94402- 088894404, UNITED STATES OF AMERICA. AppleYOU MAY ALSO CONTACT US FOR FURTHER INFORMATION ON PSN SERVICES VIA OUR WEBSITE xxxx://xxx.xxxxxxxxxxx.xxx/support OR BY PHONE TOLL FREE AT 000-000-0000 OR AT THE FOLLOWING ADDRESS SONY INTERACTIVE ENTERTAINMENT LLC CONSUMER SERVICE, and Apple’s subsidiaries0000 XXXXXX XXXXX, are third party beneficiaries of this XXXXXXXXX 0000, and upon your acceptance of this XXXXXXX XXXXXXX, Apple will have the right XXXXXXXXXX, 00000, XXXXXX XXXXXX OF AMERICA. IN ORDER TO CONTACT US FROM LATIN AMERICA, PLEASE USE THE FOLLOWING: Argentina: 000-0000-0000 Bolivia: 800-10-0228Brazil: 0800-880-7669 (and will be deemed to have accepted the rightfrom outside Brasilia) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that Brazil: 4003 7669 (iinside Brasilia) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” countryChile: 000-000-000; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by56)(0)0000000 Colombia: Xxxxxxxxxx.xxx, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx Bogotá: 0000000; Nacional: 01-8000-94-00-11 Costa Rica: 0-000-000-0000 Ecuador: 1-800-00-7669 El Salvador: 800-6148 Guatemala: 0-000-0000000 Honduras: 000-0000-0000 Mexico: 00 000-000-0000; 0000-0000 Xxxxxxxxx 0-000-000-0000 Panama: 800-2050; 800-7669 Paraguay: xxxxx://xxxx.xxxxxx.xxxxx.xxx/LiveChatRequest?lang=es Peru: 0-801-1-7000; (51)(0)000-0000

Appears in 1 contract

Samples: Terms of Service and User Agreement

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIACOMPANY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx County, California. NOTICE REGARDING APPLE INC. (“APPLE”). If you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia Company only, not with Apple. Intermedia Company (and not Apple) is responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xxxxxxxxxx.xxx, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx 000NATGisIT

Appears in 1 contract

Samples: www.natgisit.ca

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIACOMPANY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx County, California. NOTICE REGARDING APPLE INC. (“APPLE”). If you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia Company only, not with Apple. Intermedia Company (and not Apple) is responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xxxxxxxxxx.xxx, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx 000and

Appears in 1 contract

Samples: End User License Agreement

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN No warranty is given about the quality, functionality, availability or performance of PSN Services, or any content or service offered on or through PSN Services. All services and content are provided "AS IS" BASISand "AS AVAILABLE" with all faults. We may change, WITHOUT WARRANTY add or remove functionalities or features in our PSN Services, and we may suspend or stop our services altogether. We do not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this agreement, we expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY KINDDISSATISFACTION WITH OR DAMAGE ARISING FROM PSN SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN SERVICES SHALL BEIS LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESANY REMEDY FAILS ITS ESSENTIAL PURPOSE. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx County, California. NOTICE REGARDING APPLE INC. (“APPLE”). If You acknowledge that PSN Services may require an internet connection for which you are using the Application on an iOS devicesolely responsible. Further, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia only, not with Apple. Intermedia (and not Apple) is are solely responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event payment of any failure of the Service to conform to any applicable warrantythird-party fees associated with your internet connection, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, including but not limited toto internet service provider or airtime charges. The provision, quality and security of such internet connectivity are the sole responsibility of the third party providing suchyour internet service. Authorized Devices are sold separately. PLEASE CONTACT SONY INTERACTIVE ENTERTAINMENT AMERICA CONSUMER SERVICES FOR FURTHER INFORMATION OR QUESTIONS VIA OUR WEBSITE xxxx://xxx.xxxxxxxxxxx.xxx/support OR BY PHONE AT 877-971- 7669 OR AT THE FOLLOWING ADDRESS: SONY INTERACTIVE ENTERTAINMENT AMERICA CONSUMER SERVICES DEPARTMENT, 0000 XXXXXXXXXXXX XXXXXXX, XXX XXXXX, XXXXXXXXXX, 00000, XXXXXX XXXXXX OF AMERICA. YOU MAY ALSO CONTACT US FOR FURTHER INFORMATION ON PSN SERVICES VIA OUR WEBSITE xxxx://xxx.xxxxxxxxxxx.xxx/support OR BY PHONE TOLL FREE AT 000-000-0000 OR AT THE FOLLOWING ADDRESS SONY INTERACTIVE ENTERTAINMENT LLC CONSUMER SERVICE, 0000 XXXXXX XXXXX, XXXXX 0000, XXX XXXXXXX, XXXXXXXXXX, 00000, XXXXXX XXXXXX OF AMERICA. IN ORDER TO CONTACT US FROM LATIN AMERICA, PLEASE USE THE FOLLOWING: Argentina: 000-0000-0000 Bolivia: 800-10-0228Brazil: 0800-880-7669 (ifrom outside Brasilia) product liability claimsBrazil: 4003 7669 (inside Brasilia) Chile: 000-000-000; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement56)(0)0000000 Colombia: Bogotá: 0000000; and Nacional: 01-8000-94-00-11 Costa Rica: 0-000-000-0000 Ecuador: 1-800-00-7669 El Salvador: 800-6148 Guatemala: 0-000-0000000 Honduras: 000-0000-0000 Mexico: 00 000-000-0000; 0000-0000 Xxxxxxxxx 0-000-000-0000 Panama: 800-2050; 800-7669 Paraguay: xxxxx://xxxx.xxxxxx.xxxxx.xxx/LiveChatRequest?lang=es Peru: 0-801-1-7000; (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xxxxxxxxxx.xxx, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx 00051)(0)000-0000

Appears in 1 contract

Samples: Terms of Service and User Agreement

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA NEC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA NEC BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA NEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIANEC’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx County, California. NOTICE REGARDING APPLE INC. (“APPLE”). If you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia NEC only, not with Apple. Intermedia NEC (and not Apple) is responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xxxxxxxxxx.xxxNEC Canada, Inc. 000 Xxxxxxxx XxxxxSTE 000, Xxxxx 0000000 00xx Xxxxxx SE

Appears in 1 contract

Samples: www.univerge.blue

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA NEC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA NEC BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA NEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIANEC’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California The Netherlands without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx County, California. The Netherlands NOTICE REGARDING APPLE INC. (“APPLE”). If you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia NEC only, not with Apple. Intermedia NEC (and not Apple) is responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xxxxxxxxxx.xxx, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx 000NEC Nederland B.V. Olympia 4

Appears in 1 contract

Samples: www.univerge.blue

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN No warranty is given about the quality, functionality, availability or performance of AGC Services, or any content or service offered on or through AGC Services. All services and content are provided "AS IS" BASISand "AS AVAILABLE" with all faults. We may change, WITHOUT WARRANTY add or remove functionalities or features in our AGC Services, and we may suspend or stop our services altogether. We do not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this agreement, we expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY KINDDISSATISFACTION WITH OR DAMAGE ARISING FROM AGC SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO AGC SERVICES IS LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR ANY HARDWARE DEVICE, OR USING OR ACCESSING AGC SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx County, California. NOTICE REGARDING APPLE INC. (“APPLE”). If you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia only, not with Apple. Intermedia (and not Apple) is responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xxxxxxxxxx.xxx, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx 000IF

Appears in 1 contract

Samples: Service and User Agreement

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA NEC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA NEC BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA NEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIANEC’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx County, California. NOTICE REGARDING APPLE INC. (“APPLE”). If you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia NEC only, not with Apple. Intermedia NEC (and not Apple) is responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xxxxxxxxxx.xxxNEC Cloud Communications America, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx 0000000 X Xxxx Xxxxxxxxx Freeway

Appears in 1 contract

Samples: www.univerge.blue

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN No warranty is given about the quality, functionality, availability or performance of PSN Services, or any content or service offered on or through PSN Services. All services and content are provided "AS IS" BASISand "AS AVAILABLE" with all faults. We may change, WITHOUT WARRANTY add or remove functionalities or features in our PSN Services, and we may suspend or stop our services altogether. We do not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this agreement, we expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY KINDDISSATISFACTION WITH OR DAMAGE ARISING FROM PSN SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN SERVICES IS LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIESEVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. You acknowledge that PSN Services may require an internet connection for which you are solely responsible. Further, EXPRESSyou are solely responsible for payment of any third-party fees associated with your internet connection, IMPLIEDincluding internet service provider or airtime charges. The provision, STATUTORY quality and security of internet connectivity are the sole responsibility of the third party providing your internet service. Authorized Devices are sold separately. FOR FURTHER INFORMATION OR OTHERWISEIF YOU HAVE QUESTIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS PLEASE CONTACT SONY INTERACTIVE ENTERTAINMENT AMERICA CONSUMER SERVICES FOR A PARTICULAR PURPOSE AND MERCHANTABILITYFURTHER INFORMATION OR QUESTIONS VIA OUR WEBSITE xxx.xxxxxxxxxxx.xxx/xxxxxxx OR, BY PHONE AT 000-000000-000-0000 OR AT THE FOLLOWING ADDRESS: SONY INTERACTIVE ENTERTAINMENT AMERICA CONSUMER SERVICES DEPARTMENT, 0000 XXXXXXXXXXXX XXXXXXX, XXX XXXXX, XXXXXXXXXX, 00000, XXXXXX XXXXXX XX XXXXXXX. UNDER NO CIRCUMSTANCES WILL INTERMEDIA BE LIABLE YOU MAY ALSO CONTACT US FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL FURTHER INFORMATION ON PSN SERVICES VIA OUR WEBSITE xxx.xxxxxxxxxxx.xxx/xxxxxxx OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF BY PHONE TOLL FREE AT 000-000-0000 OR AT THE USE OR INABILITY TO USE THE APPLICATION OR THE FOLLOWING ADDRESS SONY INTERACTIVE ENTERTAINMENT LLC CONSUMER SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES0000 XXXXXX XXXXX, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx CountyXXXXX 0000, California. NOTICE REGARDING APPLE INC. (“APPLE”). If you are using the Application on an iOS deviceXXX XXXXXXX, you acknowledge that you have readXXXXXXXXXX, understood00000, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia only, not with Apple. Intermedia (and not Apple) is responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xxxxxxxxxx.xxx, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx 000XXXXXX XXXXXX XX XXXXXXX.

Appears in 1 contract

Samples: Terms of Service and User Agreement

Warranty Disclaimer and Limitation of Liability. THE APPLICATION ICCBBA provides no representation or warranty that the Licensee’s use of ISBT 128 is suitable for any particular purpose and the selection, use, efficiency and suitability of ISBT 128 is the sole responsibility of the Licensee. ICCBBA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OR ARISING FROM COURSE OF DEALING OR USAGE, WITH RESPECT TO ISBT‌ 128 AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASISMARKS, INCLUDING, WITHOUT WARRANTY OF LIMITATION, FITNESS FOR ANY KINDPARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. ICCBBA DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE MAXIMUM EXTENT PERMITTED ICCBBA WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT LICENSEE WILL ACHIEVE ANY PARTICULAR LEVEL OF INTEROPERABILITY WITH OTHER USERS OF ISBT 128, OR THAT ANY USER’S MISUSE OF ISBT 128 WILL BE DETECTABLE OR CORRECTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITYICCBBA. UNDER NO CIRCUMSTANCES SHALL ICCBBA’S LIABILITY TO LICENSEE OR ANY THIRD PARTY UNDER ANY THEORY OR CAUSE OF ACTION EXCEED THE CURRENT ANNUAL LICENSE FEE PAYABLE BY THE LICENSEE TO ICCBBA HEREUNDER, AND ICCBBA WILL INTERMEDIA IN NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER OR DAMAGES FOR LOSS OF DATA, BUSINESS OR GOODWILL OR ANY OTHER CONSEQUENTIAL LOSSES OF ANY NATURE ARISING OUT OF FROM THE USE OR INABILITY TO USE THE APPLICATION OF ISBT 128 OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx County, California. NOTICE REGARDING APPLE INC. (“APPLE”). If you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia only, not with Apple. Intermedia (and not Apple) is responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xxxxxxxxxx.xxx, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx 000MARKS.

Appears in 1 contract

Samples: Iccbba License Agreement

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Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN No warranty is given about the quality, functionality, availability or performance of PSN Services, or any content or service offered on or through PSN Services. All services and content are provided "AS IS" BASISand "AS AVAILABLE" with all faults. We may change, WITHOUT WARRANTY add or remove functionalities or features in our PSN Services, and we may suspend or stop our services altogether. We do not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this agreement, we expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY KINDDISSATISFACTION WITH OR DAMAGE ARISING FROM PSN SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN SERVICES SHALL BEIS LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESANY REMEDY FAILS ITS ESSENTIAL PURPOSE. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx County, California. NOTICE REGARDING APPLE INC. (“APPLE”). If You acknowledge that PSN Services may require an internet connection for which you are using the Application on an iOS devicesolely responsible. Further, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia only, not with Apple. Intermedia (and not Apple) is are solely responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event payment of any failure of the Service to conform to any applicable warrantythird-party fees associated with your internet connection, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, including but not limited toto internet service provider or airtime charges. The provision, quality and security of such internet connectivity are the sole responsibility of the third party providing suchyour internet service. Authorized Devices are sold separately. PLEASE CONTACT SONY INTERACTIVE ENTERTAINMENT AMERICA CONSUMER SERVICES FOR FURTHER INFORMATION OR QUESTIONS VIA OUR WEBSITE xxxx://xxx.xxxxxxxxxxx.xxx/support OR BY PHONE AT 877-971- 7669 OR AT THE FOLLOWING ADDRESS: SONY INTERACTIVE ENTERTAINMENT AMERICA CONSUMER SERVICES DEPARTMENT, 0000 XXXXXXXXXXXX XXXXXXX, XXX XXXXX, XXXXXXXXXX, 00000, XXXXXX XXXXXX OF AMERICA. YOU MAY ALSO CONTACT US FOR FURTHER INFORMATION ON PSN SERVICES VIA OUR WEBSITE xxxx://xxx.xxxxxxxxxxx.xxx/support OR BY PHONE TOLL FREE AT 000-000-0000 OR AT THE FOLLOWING ADDRESS SONY INTERACTIVE ENTERTAINMENT LLC CONSUMER SERVICE, 0000 XXXXXX XXXXX, XXXXX 0000, XXX XXXXXXX, XXXXXXXXXX, 00000, XXXXXX XXXXXX OF AMERICA. IN ORDER TO CONTACT US FROM LATIN AMERICA, PLEASE USE THE FOLLOWING: Argentina: 000-0000-0000 Bolivia: 800-10-0228Brazil: 0000-000-0000 (ifrom outside Brasilia) product liability claimsBrazil: 4003 7669 (inside Brasilia) Chile: 000-000-000; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement56)(0)0000000 Colombia: Bogotá: 0000000; and Nacional: 01-8000-94-00-11 Costa Rica: 0-000-000-0000 Ecuador: 1-800-00-7669 El Salvador: 800-6148 Guatemala: 0-000-0000000 Honduras: 000-0000-0000 Mexico: 00 000-000-0000; 0000-0000 Xxxxxxxxx 0-000-000-0000 Panama: 800-2050; 800-7669 Paraguay: xxxxx://xxxx.xxxxxx.xxxxx.xxx/LiveChatRequest?lang=es Peru: 0-801-1-7000; (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xxxxxxxxxx.xxx, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx 00051)(0)000-0000

Appears in 1 contract

Samples: Terms of Service and User Agreement

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws law of the State of California England and Wales without regard to its conflicts of laws or its principles. Any The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim or suit arising out of or relating to in connection with this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx County, Californiaor its subject matter or formation (including non-contractual disputes or claims). NOTICE REGARDING APPLE INC. (“APPLE”). If you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia only, not with Apple. Intermedia (and not Apple) is responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xxxxxxxxxx.xxxIntermedia Technologies Company Ltd., Inc. 000 Bristol & Bath Science Park, Xxxxx Xxxxxxxx, Xxxxxxxx Xxxxx, Xxxxx 000,

Appears in 1 contract

Samples: License Agreement

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIACOMPANY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx County, California. NOTICE REGARDING APPLE INC. (“APPLE”). If you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia only, not with Apple. Intermedia (and not Apple) is responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xxxxxxxxxx.xxx, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx 000.

Appears in 1 contract

Samples: User License Agreement

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIACOMPANY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California Victoria Australia without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx CountyVictoria, California. Australia NOTICE REGARDING APPLE INC. (“APPLE”). If you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia Company only, not with Apple. Intermedia Company (and not Apple) is responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xxxxxxxxxx.xxx, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx 000:

Appears in 1 contract

Samples: www.univerge.blue

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN No warranty is given about the quality, functionality, availability or performance of PSN First Party Services, or any content or service offered on or through PSN First Party Services. All services and content are provided "AS IS" BASISand "AS AVAILABLE" with all faults. SIENA doesWe may change, WITHOUT WARRANTY add or remove functionalities or features in our PSN Services, and we may suspend or stop our services altogether. We do not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this Agreement, SIENAagreement, we expressly disclaimsdisclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. SIENA assumesWe assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY KINDDISSATISFACTION WITH OR DAMAGE ARISING FROM PSN FIRST PARTY SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND SIENA'SOUR MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN FIRST PARTY SERVICES SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, SIENA EXCLUDESWE EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN FIRST PARTY SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESANY REMEDY FAILS ITS ESSENTIAL PURPOSE. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx County, California. NOTICE REGARDING APPLE INC. (“APPLE”). If You acknowledge that PSN First Party Services may require an internet connection for which you are using the Application on an iOS devicesolely responsible. Further, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia only, not with Apple. Intermedia (and not Apple) is are solely responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge payment of any third party claim that fees associated with your internet connection, including but not limited to internet service provider or airtime charges. The provision, quality and security of such internet connectivity are the Service and/or your possession and use sole responsibility of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party termsproviding such service. Authorized Devices are sold separately. PLEASE CONTACT SONY INTERACTIVE ENTERTAINMENT AMERICA LLC CONSUMER SERVICES FOR FURTHER INFORMATION OR QUESTIONS VIA OUR WEBSITE xxxx://xx.xxxxxxxxxxx.xxx/support/ask/ OR BY PHONE AT 000- 000-0000 OR AT THE FOLLOWING ADDRESS: SONY INTERACTIVE ENTERTAINMENT AMERICA LLC CONSUMER SERVICES DEPARTMENT, when using the ServiceX.X. XXX 0000, XXX XXXXX, XXXXXXXXXX, 00000-0000, XXXXXX XXXXXX OF AMERICA. AppleYOU MAY ALSO CONTACT US FOR FURTHER INFORMATION ON PSN VIA OUR WEBSITE xxxx://xxx.xxxxxxxxxxxxxxxxxxxxxxxxxxxxx.xxx/support OR BY PHONE TOLL FREE AT 000-000-0000 OR AT THE FOLLOWING ADDRESS SONY INTERACTIVE ENTERTAINMENT NETWORK AMERICA LLC CONSUMER SERVICE, and Apple’s subsidiaries0000 XXXXXX XXXXX, are third party beneficiaries of this XXXXXXXXX 0000, and upon your acceptance of this XXXXXXX XXXXXXX, Apple will have the right XXXXXXXXXX, 00000, XXXXXX XXXXXX OF AMERICA. IN ORDER TO CONTACT US FROM LATIN AMERICA, PLEASE USE THE FOLLOWING: Argentina: 000-0000-0000 Bolivia: 800-10-0228Brazil: 0800-880-7669 (and will be deemed to have accepted the rightfrom outside Brasilia) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that Brazil: 4003 7669 (iinside Brasilia) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” countryChile: 000-000-000; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by56)(0)0000000 Colombia: Xxxxxxxxxx.xxx, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx Bogotá: 0000000; Nacional: 01-8000-94-00-11 Costa Rica: 0-000-000-0000 Ecuador: 1-800-00-7669 El Salvador: 800-6148 Guatemala: 0-000-0000000 Honduras: 000-0000-0000 Mexico: 00 000-000-0000; 0000-0000 Xxxxxxxxx 0-000-000-0000 Panama: 800-2050; 800-7669 Paraguay: xxxxx://xxxx.xxxxxx.xxxxx.xxx/LiveChatRequest?lang=es xxxxx://xxxx.xxxxxx.xxxxx.xxx/LiveChatRequest?lang=es Peru: 0-801-1-7000; (51)(0)000-0000 Uruguay: xxxxx://xxxx.xxxxxx.xxxxx.xxx/LiveChatRequest?lang=es

Appears in 1 contract

Samples: Terms of Service and User Agreement

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN No warranty is given about the quality, functionality, availability or performance of Sony Online Services, or any content or service offered on or through Sony Online Services. All services and content are provided "AS IS" BASISand "AS AVAILABLE" with all faults. SNEASNEI does not warrant that the service and content will be uninterrupted, WITHOUT WARRANTY error-free or without delays. In addition to the limitations of liability in Sections 1, 2, 12 and 14 of this Agreement, SNEASNEI expressly disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. SNEASNEI assumes no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY KINDDISSATISFACTION WITH OR DAMAGE ARISING FROM SONY ONLINE SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND SNEA'SSNEI'S MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO SONY ONLINE SERVICES SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, SNEASNEI EXCLUDES ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP® (PLAYSTATION®PORTABLE) SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING SONY ONLINE SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA DISCLAIMS ALL WARRANTIESEVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Internet Service Provider fees are the full responsibility of the user. Authorized Devices sold separately. PLEASE CONTACT SONY COMPUTER ENTERTAINMENT AMERICA LLC CONSUMER SERVICES FOR FURTHER INFORMATION OR QUESTIONS VIA OUR WEBSITE xxxx://xxx.xx.xxxxxxxxxxx.xxx/Corporate/ContactUssupport/ask/ OR BY PHONE AT 877-971- 7669 OR AT THE FOLLOWING ADDRESS: SONY COMPUTER ENTERTAINMENT AMERICA LLC CONSUMER SERVICES DEPARTMENT, EXPRESSP.O. BOX 5888, IMPLIEDSAN MATEO, STATUTORY CALIFORNIA, 94402-0888, UNITED STATES OF AMERICA. YOU MAY ALSO CONTACT US FOR FURTHER INFORMATION ON QRIOCITYSEN VIA OUR WEBSITE xxxx://xxx.xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.xxx/support OR OTHERWISEBY PHONE TOLL FREE AT 855-774-6248OR999-7669 OR AT THE FOLLOWING ADDRESS SONY NETWORK ENTERTAINMENT AMERICA XXX.XXXXXXXXXXXXX LLC CONSUMER SERVICE, INCLUDING BUT NOT LIMITED SONY NETWORK ENTERTAINMENT INTERNATIONAL LLC, 0000 XXXXXX XXXXX, XXXXX 0000, XXX XXXXXXX, XXXXXXXXXX, 00000, XXXXXX XXXXXX XX XXXXXXX. IN ORDER TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA BE LIABLE FOR ANY CONSEQUENTIALCONTACT US BY PHONE FROM LATIN AMERICA, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO PLEASE USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIA’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx County, California. NOTICE REGARDING APPLE INC. FOLLOWING: Argentina: 000-0000-0000 Brazil: 0000-000-0000 (“APPLE”). If you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia only, not with Apple. Intermedia from outside Brasilia) Brazil: 4003 7669 (and not Appleinside Brasilia) is responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited toChile: (i) product liability claims000-000-000; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by56)(0)0000000 Colombia: Xxxxxxxxxx.xxx, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx 00-000-000-0000 Mexico: 01800.759.7669

Appears in 1 contract

Samples: Terms of Service and User Agreement

Warranty Disclaimer and Limitation of Liability. THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERMEDIA COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL INTERMEDIA COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF INTERMEDIA COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTERMEDIACOMPANY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS XXXX EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND VENUE This XXXX will be governed by and construed in accordance with the laws of the State of California Michigan without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this XXXX will be brought exclusively in any court of competent jurisdiction located in Santa Xxxxx Macomb County, California. NOTICE REGARDING APPLE INC. (“APPLE”). If you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Intermedia only, not with Apple. Intermedia (and not Apple) is responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xxxxxxxxxx.xxx, Inc. 000 Xxxxxxxx Xxxxx, Xxxxx 000Michigan.

Appears in 1 contract

Samples: User License Agreement

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