ADDITIONAL DISCLAIMERS Sample Clauses

ADDITIONAL DISCLAIMERS. The following disclaimers shall be in addition to any other disclaimers elsewhere in the Agreement or this Schedule 2. Customer understands and agrees that use of or connection to the internet is inherently insecure and that connection to the internet provides opportunity for unauthorized access by a third party to Customer’s or NCR Voyix’s computer systems (including, but not limited to, the Customer Equipment and/or the System), networks and any and all information stored therein. INFORMATION TRANSMITTED AND RECEIVED THROUGH THE INTERNET CANNOT BE EXPECTED TO REMAIN CONFIDENTIAL, AND NCR VOYIX DOES NOT GUARANTEE THE PRIVACY, SECURITY, AUTHENTICITY AND NON-CORRUPTION OF ANY INFORMATION SO TRANSMITTED, OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNAL. NCR VOYIX SHALL NOT BE RESPONSIBLE FOR ANY ADVERSE CONSEQUENCES WHATSOEVER OF CUSTOMER’S CONNECTION TO OR USE OF THE INTERNET, AND NCR VOYIX SHALL NOTE BE RESPONSIBLE FOR ANY USE BY CUSTOMER OR ITS REPRESENTATIVES OF ANY INTERNET connection in violation of any rule, law or regulation. except to the extent expressly provided to the contrary, Customer understands and agrees that Hosted Software and the NCR Voyix Utility are provided “as-is” and the warranties set forth in the Agreement are in lieu of all other warranties from NCR Voyix, whether oral or written, expressed or implied, regarding the Hosted Software, the System, the Hosting Services or other Services provided by NCR Voyix hereunder including, but not limited to the implied warranties of merchantability and fitness for a particular purpose and NCR Voyix makes no claims, promises or guarantees about the accuracy, timeliness, completeness, or adequacy of the results or analysis provided by the Hosted Software, and expressly further disclaims liability for errors and omissions in the results and analysis provided by the Hosted Software. Except as otherwise specifically provided herein, Customer assumes all of the risk associated with Customer’s use of the Hosted Software or databases made available by NCR Voyix in connection with the use of the Hosted Software.

ADDITIONAL DISCLAIMERS. 6.1 The Customer acknowledges that Bank shall not be liable for the accuracy, timeliness, completeness or availability of any information provided by: (a) the Customer; (b) any agreed upon broker or counterparty; (c) any agreed upon third party vendor of OTC Derivative Contract prices; or (d) any agreed upon third party vendor of market data. 6.2 The Customer acknowledges that the Supported Pricing Models are algorithms which are theoretical in nature and accordingly the Customer acknowledges that the Supported Pricing Models may not adequately model all economic factors or events. The Customer acknowledges that Bank shall not be liable to the Customer for any inadequacy or defect of any kind with respect to the use of any Supported Pricing Model for the production of a price to input into the net asset calculation. The Customer agrees that its use of any Calculated Price is at the Customer’s own risk and Bank shall not be liable to the Customer for any loss which arises from the use of such Calculated Price for any purpose (including, without limitation, trading, risk management, treasury and hedging arrangements). 6.3 The Customer acknowledges that the prices of OTC Derivative Contracts, regardless of the source of such prices, are indicative values and may not indicate the actual terms upon which OTC Derivative Contracts could be liquidated or unwound or the calculation of an amount that would be payable or receivable following the expiry of, or the designation of an early termination date under, any applicable agreement. Prices determined using other pricing models, market data or assumptions may yield different results. 6.4 The Customer acknowledges any Reports produced using the Supported Pricing Models and supplied to the Customer by Bank may be inaccurate. The Reports are produced using the Supported Pricing Models which may not adequately model all economic factors or events and information which Bank cannot determine to be accurate or complete. The Customer uses such Reports at its own risk and Bank shall not be liable to the Customer for any loss which arises from the use of the Reports for any purpose (including, without limitation, trading, risk management, treasury and hedging arrangements). 6.5 Subject to the provisions of this Schedule and any other limitations which apply, Bank shall only be liable to the Customer to the extent that the Customer suffers a loss due to the net asset value of the Customer being inaccurate due to the negligenc...

ADDITIONAL DISCLAIMERS. Purchaser acknowledges that Purchaser has not relied upon, nor was its execution of this Agreement induced by, any representations by Seller or any Seller Party regarding any direct or indirect interest of, or past, present or future involvement of, any other person or entity in the Resort, the Project, the Residence Association, the Resort Association or the KNC including without limitation Seller or any affiliate of Seller. Further to the foregoing, Purchaser acknowledges and understands that Seller is the party with whom Purchaser is contracting for the purchase of the Unit, and Purchaser waives and disclaims any assertion or claim arising in connection with any marketing or other materials provided in connection with the Project referencing any particular person or entity, or any previous developer.

ADDITIONAL DISCLAIMERS. DATCU reserves the right to terminate or suspend this program at any time without notice, restriction, or penalty. If applicable, a specified time may be given for the redemption of existing points when notice of program termination is made.

ADDITIONAL DISCLAIMERS. MOTOROLA DISCLAIMS ANY AND ALL LIABILITY FOR ANY AND ALL LOSS OR COSTS OF ANY KIND ASSOCIATED WITH 1) THE INTERRUPTION, INTERFERENCE OR FAILURE OF CONNECTIVITY, VULNERABILITIES OR SECURITY EVENTS, WHETHER OR NOT THEY ARE DISCOVERED BY MOTOROLA; 2) PERFORMANCE OF CUSTOMER’S EXISTING EQUIPMENT AND SOFTWARE OR ACCURACY OF CUSTOMER DATA; 3) IF ANY PORTION OF THE SOLUTION OR LICENSED PRODUCT RESIDES ON CUSTOMER’S PREMISES, DISRUPTIONS OF AND/OR DAMAGE TO CUSTOMER’S OR A THIRD PARTY’S INFORMATION SYSTEMS, EQUIPMENT, AND THE INFORMATION AND DATA, INCLUDING, BUT NOT LIMITED TO, DENIAL OF ACCESS TO A LEGITIMATE SYSTEM USER, AUTOMATIC SHUTDOWN OF INFORMATION SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE, OR FAILURE OF THE INFORMATION SYSTEM RESULTING FROM THE PROVISION OR DELIVERY OF THE SERVICE; 4) AVAILABILITY OR ACCURACY OF SOLUTION DATA; 5) INTERPRETATION, USE OR MISUSE IN ANY WAY OF SOLUTION DATA; 6) IMPLEMENTATION OF RECOMMENDATIONS PROVIDED IN CONNECTION WITH THE SUBSCRIPTION SERVICES; 7) TRACKING, AND LOCATION BASED SERVICES, BREACH OF PRIVACY, AND THE USE OR MISUSE OF PERSONALLY IDENTIFIABLE INFORMATION.

ADDITIONAL DISCLAIMERS. Seller makes no representation, covenant, or warranty, express, implied, or statutory, (i) as to the accuracy or completeness of any data or records delivered to Buyer with respect to the Company or the Company Assets, or (ii) concerning the quality or quantity of hydrocarbon reserves, if any, attributable to the Company Assets, or the ability of the Company Assets to produce hydrocarbons, or the product prices which the Company is or will be entitled to receive from the sale of any such hydrocarbons.

ADDITIONAL DISCLAIMERS. 5.1. IN ADDITION TO THE DISCLAIMERS IN SECTION 7 OF THE MSA, THE DISCLAIMERS IN THIS PARAGRAPH ALSO APPLY TO CUSTOMER’S USE OF THE AI FEATURES AND TO THE CONTENT. 5.2. CUSTOMER ACKNOWLEDGES AND AGREES THAT: (A) THE NATURE OF MACHINE LEARNING MEANS THAT THE OUTPUT MAY NOT BE UNIQUE AND THE AI FEATURES MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR JURO, OTHER USERS, OR THIRD PARTIES; (B) THE PROBABILISTIC NATURE OF MACHINE LEARNING MEANS THAT USE OF AI FEATURES MAY RESULT IN INCORRECT OUTPUT THAT DOES NOT ACCURATELY REFLECT REAL PEOPLE, PLACES, FACTS OR LAWS (INCLUDING LEGAL AUTHORITIES); AND (C) RESPONSES THAT ARE REQUESTED BY AND GENERATED FOR OTHER USERS ARE NOT CUSTOMER’S CONTENT. 5.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AI FEATURES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. JURO AND ITS LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE AI FEATURES AND CONTENT, AND DISCLAIM ALL WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR TRADE USAGE). XXXX DOES NOT WARRANT THAT AI FEATURES AND CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.

ADDITIONAL DISCLAIMERS. In addition to the warranties specifically disclaimed by Xxxxxx Mae in the section of the Agreement entitled “Disclaimer,” Xxxxxx Xxx makes no representations or warranties, express or implied, regarding the property, the condition of the property, or the estimated value of the property. The predicted value generated by the Licensed Application is not an appraisal and was not prepared by a certified or licensed appraiser. Licensee recognizes that factors other than the results rendered by the Licensed Application, including the loss mitigation workout recommendation and predicted value, must be considered in the review and collection of its accounts and the accounts of its Client Servicers.

ADDITIONAL DISCLAIMERS. Online bidding is provided on an “as is, where is, as available, and with all faults and limitations” basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose or use, are made with respect to the online bidding platform or any information or software therein. You acknowledge and agree that specific performance is not an available remedy for any alleged breach of this Agreement. The Auctioneer will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure. The Auctioneer will not be liable for any damages or injury, including but not limited to special or consequential damages that result from the use of, or the inability to use, the Website, the materials on the Website, or the online bidding platform even if there is negligence on the part of the Auctioneer or its representatives, or the Auctioneer or an authorized Auctioneer representative has been advised of the possibility of such damages, or both. The above limitations or exclusions may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, in which event the Auctioneer's liability to you for losses, damages and causes of action (in contract or tort, including without limitation negligence, or otherwise) will not be greater than $1,500. Upon registering as a Bidder and bidding during the Auction, each Bidder shall be deemed to represent, warrant and agree that with respect to each Property it bids upon: (a) that such Bidder has examined, or has had the opportunity to examine, the Property and is familiar with the physical and legal condition thereof and has conducted such investigation of the Property as the Bidder has considered appropriate; (b) neither Auctioneer, nor any affiliate, agent, director, officer, employee or representative of Auctioneer, has made any verbal or written representations, warranties, promises or guarantees whatsoever to the Bidder, expressed or implied, and in particular, that no such representations, warranties, guarantees, or promises have been made with respect to the physical condition, operation, legal condition, or any other matter or thing affecting or related to the Property and/or the offering or sale of the Property; (c) Bidder has not relied upon a...

ADDITIONAL DISCLAIMERS. Customer acknowledges that the Platform relies on network, infrastructure, hardware and software, partly managed and operated by others. Ironscales does not warrant that the Platform will operate in an uninterrupted or error-free manner, or that it will always be available, free from errors or omissions, malfunctions, bugs or failures, including hardware failures, software failures and software communication failures. Customer further acknowledges that certain aspects of the Platform are designed for training purposes, and may include developing, customizing, and sending fake cyber security attack campaigns for purposes of employee training, but that Customer, and not Ironscales or its Affiliates, will be responsible for its compliance with all laws and governmental regulations, and any results in connection with Customer’s use of the Platform. For the avoidance of doubt, Ironscales will assume no liability whatsoever for damages incurred or sums paid by Customer or anyone on its behalf, in connection with any fault by Customer or any third party’s harmful components impacting Customer’s computer network (such as computer viruses, worms, computer sabotage, or “denial of service” attacks)