Client Warranty. Client warrants to Owner that:
(i) Client has the right and authority to enter into and perform its obligations under this Agreement;
(ii) the Advertisement shall conform to the description and specifications set forth by Owner;
(iii) the Advertisement shall not constitute or be the subject of a notice or claim of any false designation of origin, false advertising or unfair competition under the law of any country;
(iv) the Advertisement does not and shall not contain or be alleged to contain any content, work, name, xxxx, designation, materials or link that actually or potentially violates any applicable law or regulation, or infringes any proprietary, intellectual property, contract or tort right of any person or misappropriates a person's trade secret, name, likeness or identity;
(v) the Advertisement contains no viruses, worms, malicious code, trap doors, back doors, timers, clocks, counters, FTP servers, or other limiting routines, instructions or designs, and no web beacons, web bugs, spy xxxx or other similar hidden or transparent code, script, or routine designed to gather, track or transmit information about Owner or the users of the Website; and
Client Warranty. Client warrants that Client (a) has the power and authority to enter into this Agreement and bind each Client affiliate and Permitted User to the terms and conditions set forth herein, and Client shall be responsible for all acts and omissions of all Client affiliates and Permitted Users; and (b) shall use its best efforts to protect the security of the Licensed Software and Cloud Services.
Client Warranty. Client warrants and represents that: 1) it has the right and authority to enter into this agreement and to grant to Symphonic all rights specified hereunder; 2) all of the recordings, artwork, metadata, videos and any other materials delivered by Client to Symphonic are owned or controlled by Client and Symphonic’s use and exploitation of such materials, as authorized and contemplated hereunder, shall not infringe on the copyrights or other rights of any third person or entity; 3) it has not granted and will not grant to any third party any rights in connection with Client Content that are inconsistent with those granted to Symphonic herein, and 4) that Symphonic shall have the right to exploit same as authorized under this agreement without obligation to make payments to any person or entity, other than the amounts due to Client. Symphonic warrants and represents that: 1) it has the right, power, and authority to enter into and fully perform this Agreement and all of its obligations under this Agreement; 2) it shall, at its sole cost and expense, encode and deliver the Client Content to its Partners.
Client Warranty. Client represents and warrants that:
(a) it has procured all applicable consents required to provide the Client Data to Pequity for the performance of the Services and to grant all rights to Client Data as specified herein, including in accordance all applicable privacy laws;
(b) the Client Data will not: (i) infringe or misappropriate any third party’s Intellectual Property Rights; (ii) be deceptive, defamatory, obscene, pornographic or unlawful; (iii) contain any viruses, worms or other malicious computer programming codes intended to damage the Platform; and (iv) otherwise violate the rights of a third party (including under all applicable privacy laws); and
(c) neither Client, nor any of its Affiliates, nor any of their respective Authorized Users, shall upload to the Platform any Client Data that contains any sensitive personal information (such as financial, medical or other sensitive personal information such as government IDs, passport numbers or social security numbers).
Client Warranty. Client warrants and represents that: 1) it has the right and authority to enter into this agreement and to grant to Symphonic all rights specified hereunder; 2) all of the recordings, artwork, metadata, videos and any other materials delivered by Client to Symphonic Distribution are owned or controlled by Client and Symphonic’s use and exploitation of such materials, as authorized and contemplated hereunder, shall not infringe on the copyrights or other rights of any third person or entity; 3) it has not granted and will not grant to any third party any rights that are inconsistent with those granted to Symphonic herein, and 4) that Symphonic shall have the right to exploit same as authorized under this agreement without obligation to make payments to any person or entity, other than the amounts due to Client.
Client Warranty. The Client warrants to Hoplon that it has full right and title to enter into this agreement and to grant the rights it sets out to Hoplon.
Client Warranty. Client warrants that it has obtained all necessary approvals and taken all necessary steps to enter into this Agreement. The person signing on behalf of Client warrants that he or she has the authority to enter into this Agreement on behalf of Client and to bind Client to perform all of its obligations under this Agreement.
Client Warranty. Client represents and warrants to FP that:
(a) Client has the power and authority to enter into and perform its obligations under this Agreement;
(b) Client has and will have for the term of this Agreement the right to provide the Customer Communication, including all Personal Data contained therein, and has obtained each Customer’s Consent to the provision of such Customer Communication to FP pursuant to Section 3.2; and
(c) Client has and will comply with all applicable laws and regulations, including without limitation, federal and state laws and regulations relating to electronic messaging, telephone and text advertising, marketing, and solicitation communications such as the Telephone Consumer Protection Act, all rules, standards, and security requirements of the PCI Security Standards Council and any credit or debit card provider, gift card provider, or other stored value and loyalty program card provider, including, but not limited to, American Express, Visa, U.S.A., Inc., MasterCard International, Inc., Discover Financial Services, LLC, and JCB International, the PCI-DSS and all laws relating to the collection, processing, sharing and disclosure of Personal Data (including, without limitation, in the United States and the European Union) (collectively, the “Security Requirements”) and provides all relevant notices and obtains all necessary consents from its customers to the disclosure of Personal Data to FP (including, where relevant, the transfer of such Personal Data to the United States), and FP’s use of such Personal Data in accordance with the terms of this Agreement;
(d) Client will not disclose or otherwise provide any customer Personal Data to FP unless it has obtained consent from each such customer in accordance with (c) above, and
(e) Client is solely responsible for the privacy and security of any and all Cardholder Data that Client at any time accesses, stores, processes, transmits, or otherwise possesses.
(f) Client understands and knows how to comply with laws and rules related to electronic messaging, telephone and text advertising, marketing, and solicitation communications such as the Telephone Consumer Protection Act and related laws and issues.
Client Warranty. Client represents, warrants and covenants to MindWire that Client has the right to provide the Client Data to MindWire for MindWire’s use as contemplated by this Agreement and has provided all necessary notice(s) obtained all necessary consent(s) where applicable therefor.
Client Warranty. Under normal use and service as the product was designed, parts and labor Product will be free from malfunction within the first 730 calendar days (2 years) from the date of installation due to defects in workmanship by Hiatus Campers during the warranty period, as determined by Hiatus Campers in its sole and absolute discretion. Hiatus Campers will respond to and diagnose defects within a reasonable period of time, not to exceed 60 business days after receiving notice of such defect and will use commercially reasonable business efforts to repair or replace any such defective Product or component in a timely manner. Coverage for all materials and components not produced by Hiatus Campers, (e.g. battery system, LED lighting, roof rack, propane system, gas springs, windows, other hardware, etc.) are covered by individual product manufacturer’s warranty, all of which will be assigned to Client at the end of the Project Period. Deficiencies in the Product must be reported to Hiatus Campers in writing within 730 calendar days of completion and delivery. Written notice of deficiencies in the Product must be accompanied by: 1) proof of purchase, and 2) the Product serial number. Any offers of Warranty coverage by Hiatus Campers must be exercised by the Client within 30 days of notice to Client. After such time, any corrective services requested by Client will be billed to Client at Hiatus Campers’ standard rates then in effect and subject to scheduling availability. Client's sole remedy for a breach of the warranty described in this subsection shall be a process of evaluation and repair of the Product at Hiatus Campers’ expense, of the non- conforming xxxx.Xx payment or other compensation will be made for incidental expenses, including, but not limited to, towing, telephone, transportation, lodging, travel, gasoline, loss of pay or indirect or consequential damage including, but not limited to, loss of use of the truck camper, inconvenience, damage or injury to person or property, or loss of revenue, which might be paid, incurred or sustained by reason of any defect covered by this limited warranty.
