Common use of Disclaimer of Representations and Warranties Clause in Contracts

Disclaimer of Representations and Warranties. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND THAT THE SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY LINKED SITES, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE.

Disclaimer of Representations and Warranties. YOU ACKNOWLEDGE YOUR ACCESS TO AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND THAT SOLE RISK. THE SITE AND SERVICES ARE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” ”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, SKIM PLUS and its parents, subsidiaries and affiliates and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “SKIM PLUS Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Site (including the Content and the User-Generated Content); (b) the functions, features, or any other elements on, or made accessible through, the Site; (c) any products, services, or instructions offered or referenced at or linked through the Site; (d) security associated with the transmission of your User-Generated Content transmitted to SKIM PLUS via the Site; (e) whether the Site or the servers that make the Site available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device); (f) whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to or errors on the Site will be repaired or corrected; (h) whether your access to the Site will be uninterrupted; (i) whether the Site will be available at any particular time or location; and (j) whether your use of the Site is lawful in any particular jurisdiction. XXXXXXXXXEXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A SKIM PLUS PARTY, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SKIM PLUS PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, NON-INFRINGEMENT. XXXXXXXXXINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, IT’S OFFICERSTITLE, DIRECTORSCUSTOM, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACYTRADE, COMPLETENESSQUIET ENJOYMENT, OR CONTENT OF THE SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY LINKED SITESSYSTEM INTEGRATION, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMEFREEDOM FROM COMPUTER VIRUS. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITESome jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE, THE SITE SERVICES FOUND AT THIS SITE, AND SERVICES IS THE SALE OR PURCHASE OF PRODUCTS SHALL BE AT YOUR OWN RISK AND THAT THIS SITE, THE SITE SERVICES FOUND AT THIS SITE, AND SERVICES THE PRODUCTS ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. XXXXXXXXXHIPSTU, IT’S ITS OFFICERS, DIRECTORS, EMPLOYEES EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AND NON-INFRINGEMENT. XXXXXXXXXHIPSTU, IT’S ITS OFFICERS, DIRECTORS, EMPLOYEES EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE THIS SITE, , (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED SITES(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR OR (III) THE SERVICES PRODUCTS FOUND AT THIS SITE OR ANY SITES LINKED SITES(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND BLUECHECK HIPSTU ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY XXXXXXXXXHIPSTU, IT’S ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS ) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR SITE, THE SERVICES FOUND AT THIS SITE, OR THE PRODUCTS, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE, THE SERVICES FOUND AT THIS SITE, OR THE PRODUCTS.

Disclaimer of Representations and Warranties. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND THAT THE SITE AND SERVICES ARE EXCEPT AS EXPRESSLY PROVIDED “AS IS”HEREIN, “AS AVAILABLE” AND “WITH ALL FAULTS”. XXXXXXXXXNO PARTY MAKES OR RECEIVES ANY WARRANTY, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE RESALE SERVICES CONTEMPLATED BY THIS AGREEMENT, BUT NOT LIMITED TO, AND EACH PARTY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTPURPOSE. XXXXXXXXX13.0 INDEMNIFICATION 13.1. A Party (the "INDEMNIFYING PARTY") shall defend and indemnify the other Party, IT’S OFFICERSits officers, DIRECTORSdirectors, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUTemployees and permitted assignees (collectively, the "INDEMNIFIED PARTY") and hold such Indemnified Party harmless against (Ia) THE ACCURACYany Loss to a third person arising out of the negligence or willful misconduct by Indemnifying Party or its agents, COMPLETENESScontractors, OR CONTENT OF THE SITE,or others retained by such parties in connection with its provision of services under this Agreement; (IIb) THE ACCURACYany Loss arising from such Indemnifying Party's use of services offered under this Agreement, COMPLETENESSinvolving pending or threatened claims, OR CONTENT OF ANY LINKED SITESactions, AND/ORproceedings or suits ("CLAIMS") for libel, slander, invasion of privacy, or infringement of Intellectual Property rights arising from the Indemnifying Party's own communications or the communications of such Indemnifying Party's Customers; (IIIc) THE SERVICES FOUND AT THIS SITE OR ANY LINKED SITESany Loss arising from Claims for actual or alleged infringement of any Intellectual Property right of a third person to the extent that such Loss arises from an Indemnified Party's or an Indemnified Party's Customer's use of a service provided under this Agreement; provided, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXXhowever, IT’S OFFICERSthat an Indemnifying Party's obligation to defend and indemnify the Indemnified Party shall not apply in the case of (i) (A) any use by an Indemnified Party of a service (or element thereof) in combination with elements, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE.services or systems supplied by the Indemnified Party or persons other than the

Disclaimer of Representations and Warranties. YOU ACKNOWLEDGE YOUR ACCESS TO AND AGREE THAT YOUR USE OF THE SITE AND SERVICES DASHBOARD IS AT YOUR OWN RISK AND THAT SOLE RISK. THE SITE AND SERVICES ARE DASHBOARD IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” ”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Company and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “Company Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Dashboard (including the Content and the Feedback); (b) the functions, features, or any other elements on, or made accessible through, the Dashboard; (c) any products, services, or instructions offered or referenced at or linked through the Dashboard; (d) security associated with the transmission of your Feedback transmitted to Company via the Dashboard; (e) whether the Dashboard or the servers that make the Dashboard available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device); (f) whether the information (including any instructions) on the Dashboard is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to or errors on the Dashboard will be repaired or corrected; (h) whether your access to the Dashboard will be uninterrupted; (i) whether the Dashboard will be available at any particular time or location; and (j) whether your use of the Dashboard is lawful in any particular jurisdiction. XXXXXXXXXEXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A COMPANY PARTY, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, NON-INFRINGEMENT. XXXXXXXXXINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, IT’S OFFICERSTITLE, DIRECTORSCUSTOM, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACYTRADE, COMPLETENESSQUIET ENJOYMENT, OR CONTENT OF THE SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY LINKED SITESSYSTEM INTEGRATION, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMEFREEDOM FROM COMPUTER VIRUS. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITESome jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE THIS SITE AND THE SERVICES IS ON THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THE THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “"AS IS”", “"AS AVAILABLE” " AND “"WITH ALL FAULTS”". XXXXXXXXXTHE COMPANY, IT’S ITS OFFICERS, DIRECTORS, EMPLOYEES EMPLOYEES, AGENTS, AND AGENTS ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AND NON-INFRINGEMENT. XXXXXXXXXTHE COMPANY, IT’S ITS OFFICERS, DIRECTORS, EMPLOYEES EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ABOUT (IA) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE THIS SITE, , (IIB) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED SITES(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR OR (IIIC) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED SITES(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND BLUECHECK THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY XXXXXXXXXTHE COMPANY, IT’S ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES)AGENTS, AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

Disclaimer of Representations and Warranties. YOU ACKNOWLEDGE AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITE AND SERVICES ALL MATERIAL AND CONTENT CONTAINED ON IT ARE PROVIDED DISTRIBUTED “AS IS”, ,” “AS AVAILABLE,” AND “WITH ALL FAULTS”. XXXXXXXXX” AND WITHOUT WARRANTIES OF ANY KIND, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED EITHER EXPRESS OR IMPLIED, WHETHER NOW KNOWN OR HEREAFTER ENACTED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES OF TITLETITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITYNON- INFRINGEMENT OF ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON-INFRINGEMENTTHOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. XXXXXXXXXSOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, IT’S OFFICERSSO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. Therefore, DIRECTORSto the fullest extent permissible by law, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUTCompany and its parent(s), subsidiaries and affiliates and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Company Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (Ia) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE,the Site (including the Content and the User-Generated Content); (IIb) THE ACCURACYthe functions, COMPLETENESSfeatures, OR CONTENT OF ANY LINKED SITESor any other elements on, AND/ORor made accessible through, the Site; (IIIc) THE SERVICES FOUND AT THIS SITE OR ANY LINKED SITESany products, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXXservices, IT’S OFFICERSor instructions offered or referenced at or linked through the Site; (d) security associated with the transmission of your User-Generated Content transmitted to Company or via the Site; (e) whether the Site or the servers that make the Site available are free from any harmful components (including viruses, DIRECTORSTrojan horses, EMPLOYEESand other technologies that could adversely impact your Device); (f) whether the information (including any instructions) on the Site is accurate, AGENTS complete, correct, adequate, useful, timely, or reliable; (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITEg) whether any defects to or errors on the Site will be repaired or corrected; (h) whether your access to the Site will be uninterrupted; (i) whether the Site will be available at any particular time or location; and (j) whether your use of the Site is lawful in any particular jurisdiction.

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE THIS SITE AND THE SERVICES IS FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THE THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. XXXXXXXXXHOSTINGER, IT’S ITS OFFICERS, DIRECTORS, EMPLOYEES EMPLOYEES, AGENTS, AND AGENTS ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AND NON-INFRINGEMENT. XXXXXXXXXHOSTINGER, IT’S ITS OFFICERS, DIRECTORS, EMPLOYEES EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE THIS SITE, , (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED SITES(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED SITES(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND BLUECHECK HOSTINGER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY XXXXXXXXXHOSTINGER, IT’S ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Disclaimer of Representations and Warranties. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY NOR ITS AFFILIATES OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND THAT THE SITE AND SERVICES ARE PROVIDED “AS IS”ANY KIND, “AS AVAILABLE” AND “WITH ALL FAULTS”. XXXXXXXXXEXPRESS, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED IMPLIED OR IMPLIEDSTATUTORY, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXXXXARISING BY USAGE OF TRADE, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESSCOURSE OF DEALING, OR CONTENT COURSE OF PERFORMANCE, AND EACH PARTY HEREBY DISCLAIMS THE SITE, SAME. SIMPLY HIRED MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT: (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES, AND/OR (IIIA) THE SERVICES FOUND AT THIS SITE WILL MEET PUBLISHER'S REQUIREMENTS; (B) THE SERVICES WILL BE APPROPRIATE FOR USE OUTSIDE OF THE UNITED STATES; (C) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERRORFREE; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (E) ANY LINKED SITESERRORS, AND BLUECHECK ASSUMES INACCURACIES OR OUTDATED INFORMATION IN THE SERVICES WILL BE CORRECTED. IN ADDITION, SIMPLY HIRED MAKES NO LIABILITY REPRESENTATION, WARRANTY OR RESPONSIBILITY FOR THE SAME. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY OF ANY KIND GUARANTEE WITH RESPECT TO THIS SITE THE QUANTITY OF JOB LISTINGS PROVIDED TO PUBLISHER, THE PROPORTION OF EACH TYPE OF JOB LISTING PROVIDED, OR THE SERVICES FOUND AT THIS SITEAMOUNT OF REVENUE SHARE PUBLISHER MAY RECEIVE HEREUNDER.

Disclaimer of Representations and Warranties. YOU ACKNOWLEDGE Buyer acknowledges that (a) it has had, and pursuant to this Agreement shall have before Closing, access to the Company, its Subsidiaries and their respective assets and the officers or other representatives of the Company, its Subsidiaries and Seller and (b) in making the decision to enter into this Agreement and consummate the transactions contemplated hereby, Buyer has relied solely on (i) its own independent investigation, including environmental and other inspections, and (ii) the express representations, warranties, covenants and agreements specifically set forth in this Agreement and any other agreement or certificate delivered pursuant hereto, and Seller and the Company expressly disclaim all liability and responsibility for, and Buyer expressly acknowledges and agrees that it has not relied upon, any representation, warranty, statement or communication made, communicated (orally or in writing) to Buyer or any of its Affiliates, employees, agents, consultants or representatives other than as expressly set forth in this Agreement and any other agreement or certificate delivered pursuant hereto (including, without limitation, any opinion, information, projection or advice that may have been provided to Buyer by any officer, director, manager, employee, agent, consultant, representative or advisor of the Company, its Subsidiaries, Seller or any of their respective Affiliates). Toward this end, except to the extent expressly incorporated in the representations and warranties set forth in this Agreement or any other agreement or certificate delivered pursuant hereto, neither the Company nor Seller or Seller’s Affiliates shall have liability to Buyer, any Buyer Party (including following the Closing, the Company and its Subsidiaries) or any other Person resulting from the distribution to Buyer, or Buyer’s use of, any such information relating to the Company and its Subsidiaries, or prepared by or on behalf of the Company and its Subsidiaries, and supplied to Buyer before or after the date of this Agreement, or any information, documents or materials made available to Buyer in any data rooms, any presentations or any other form relating to the business of the Company and its Subsidiaries in connection with the transactions contemplated hereby. Accordingly, Buyer acknowledges that, the representations and warranties of Seller and the Company set forth in Article III and Article IV and any other agreement or certificate delivered pursuant hereto are the sole representations and warranties of Seller and the Company with respect to the transactions contemplated by this Agreement and, except as expressly and specifically set forth in this Agreement, neither the Company nor Seller nor either of their respective Affiliates has made, and THE COMPANY, SELLER AND AGREE THAT YOUR USE OF THE SITE THEIR RESPECTIVE AFFILIATES MAKE NO AND SERVICES IS AT YOUR OWN RISK DISCLAIM ANY, AND THAT THE SITE AND SERVICES ARE PROVIDED “AS IS”BUYER DISCLAIMS ANY RELIANCE ON ANY, “AS AVAILABLE” AND “WITH ALL FAULTS”. XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDINGAND WHETHER BY COMMON LAW, BUT NOT LIMITED TOSTATUTE, WARRANTIES OR OTHERWISE, REGARDING (i) TITLE TO ANY ASSETS OR LAND USE RIGHTS, (ii) THE QUALITY, CONDITION, OR OPERABILITY OF TITLEANY REAL OR PERSONAL PROPERTY, EQUIPMENT OR FIXTURES, INCLUDING FREEDOM FROM LATENT OR PATENT VICES OR DEFECTS, THEIR MERCHANTABILITY, THEIR FITNESS FOR A ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXXXXTHEIR CONFORMITY TO MODELS, IT’S OFFICERSSAMPLES OF MATERIALS OR MANUFACTURER DESIGN, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (Iiii) THE ACCURACYCONTENTS, COMPLETENESS, CHARACTER OR CONTENT OF THE SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT NATURE OF ANY LINKED SITES, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY LINKED SITES, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY REPORT OF ANY KIND WITH RESPECT CONSULTANTS RELATING TO THIS SITE OR THE SERVICES FOUND AT THIS SITEANY 1. Nothing in this Section 12.1 shall in any way limit Buyer’s rights as to claims for Actual Fraud. Notwithstanding anything to the contrary in this Agreement, if in connection with any Action alleging Actual Fraud of a Seller Party (other than in connection with the representations and warranties made by Seller and the Company in Articles III and IV) the prevailing party in such Action shall be entitled to receive, in addition to all other remedies to which such prevailing party may be entitled, the costs and expenses incurred by the applicable prevailing party in such Action, including reasonable attorneys’ fees and expenses, court costs, and other expenses, even if not recoverable by Law (including, without limitation, all fees, taxes, costs, and expenses incident to appellate, bankruptcy, and post-judgment proceedings).

Disclaimer of Representations and Warranties. YOU ACKNOWLEDGE Buyer acknowledges that (i) it has had and pursuant to this Agreement will have before Closing access to Seller, the Affordable Housing Group, the Projects and Parent, and the officers and employees of Seller and the Affordable Housing Group, and Parent and (ii) in making the decision to enter into this Agreement and consummate the transactions contemplated hereby, Buyer has relied solely on the basis of its own independent investigation and upon the express representations, warranties, covenants, and agreements set forth in this Agreement. Accordingly, Buyer acknowledges that, except as expressly set forth in this Agreement, Seller and Parent have not made, and Seller AND AGREE THAT YOUR USE OF THE SITE PARENT MAKE NO AND SERVICES IS AT YOUR OWN RISK AND THAT THE SITE AND SERVICES ARE PROVIDED “AS IS”DISCLAIM ANY REPRESENTATION OR WARRANTY, “AS AVAILABLE” AND “WITH ALL FAULTS”. XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED WHETHER EXPRESS OR IMPLIED, AND WHETHER BY COMMON LAW, STATUTE, OR OTHERWISE, REGARDING THE AVAILABILITY OF TAX CREDITS, ANY EXPECTED YIELD FROM THE INVESTMENT, OR THE QUALITY, CONDITION, OR OPERABILITY OF ANY PROJECT, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES OF TITLEANY IMPROVEMENTS, MERCHANTABILITYPERSONAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESSEQUIPMENT, OR CONTENT FIXTURES PART OF ANY SUCH PROJECT; IT BEING ACKNOWLEDGED BY THE SITE, (II) PARTIES HERETO THAT THE ACCURACYAFFORDABLE HOUSING GROUP AND EACH PROJECT, COMPLETENESSINCLUDING ANY IMPROVEMENTS, PERSONAL PROPERTY, EQUIPMENT, OR CONTENT OF ANY LINKED SITESFIXTURES ARE DELIVERED "AS IS, AND/OR (III) WHERE IS" IN THE SERVICES FOUND AT THIS SITE OR ANY LINKED SITES, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR CONDITION IN WHICH THE SAME. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITESAME EXISTS.

Disclaimer of Representations and Warranties. YOU ACKNOWLEDGE EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE IV, PARENT, FIRST MERGER SUB AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND THAT THE SITE AND SERVICES ARE PROVIDED “AS IS”SECOND MERGER SUB MAKE NO REPRESENTATION OR WARRANTY, “AS AVAILABLE” AND “WITH ALL FAULTS”. XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDINGAT LAW OR IN EQUITY, BUT NOT LIMITED TOIN RESPECT OF PARENT, WARRANTIES FIRST MERGER SUB, SECOND MERGER SUB OR ANY OF TITLETHEIR RESPECTIVE ASSETS, MERCHANTABILITYLIABILITIES OR OPERATIONS, INCLUDING WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXXXXPURPOSE, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO ANY SUCH OTHER REPRESENTATIONS OR WARRANTIES ABOUT ARE HEREBY EXPRESSLY DISCLAIMED. Parent, First Merger Sub and Second Merger Sub acknowledge, for themselves and on behalf of the Parent Indemnified Parties, that (Ii) THE ACCURACYexcept as expressly contained in Article III hereof or expressly set forth in any other Transaction Document, COMPLETENESSnone of the Company, OR CONTENT OF THE SITE, the Company Stockholders or any other Person has made or makes any other express or implied representation or warranty, either written or oral, at law or in equity on behalf of the Company Stockholders, the Company or their Affiliates, in respect of the Company’s business, the Company, its Affiliates, or any of their respective businesses, assets, liabilities, operations, prospects, or condition (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY LINKED SITES, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVESfinancial or otherwise), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITEincluding with respect to merchantability or fitness for any particular purpose of any assets, the nature or extent of any liabilities, the prospects of the Company’s or its Affiliates’ business, the effectiveness or the success of any operations, or the accuracy or completeness of any confidential information memoranda, documents, projections, material or other information (financial or otherwise) regarding the Company, the Business, their respective assets or their respective Affiliates furnished to Parent, First Merger Sub and their representatives or made available to Parent, First Merger Sub and their representatives in any “data rooms,” “virtual data rooms,” management presentations or in any other form in expectation of, or in connection with, the Mergers, or in respect of any other matter or thing whatsoever, and (ii) Parent and the Merger Subs have not relied on any representation or warranty of the Company other than the representations and warranties contained in Article III of this Agreement or expressly set forth in any other Transaction Document. Notwithstanding the foregoing, nothing in this Section 4.12 is intended to, and it shall not impede, impair, hinder or affect in any respect any claim based upon Fraud solely with respect to the representations and warranties set forth in Article III of this Agreement.

Disclaimer of Representations and Warranties. While Mogo uses reasonable efforts to include accurate and up-to-date information on this Site, it makes no representations or warranties, and provides no conditions, as to the truth, accuracy, reliability, usefulness, timeliness or completeness of that information. Mogo does not guarantee, and provides no warranties or conditions, that the Site or the Mogo Services will be sufficient or appropriate for every individual or situation, will be current, uninterrupted or error free. THE SITE, THE MOGO CONTENT AND THE MOGO SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE THIS SITE AND THE MOGO SERVICES IS AT YOUR OWN RISK RISK. THE MOGO CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION PROVIDED MAY NOT BE ACCURATE OR CURRENT, MAY NOT APPLY TO YOUR PARTICULAR SITUATION, OR MAY NOT BE SUITABLE OR APPROPRIATE FOR YOU. MOGO STRONGLY URGES YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION IT PROVIDES, AND YOU ACKNOWLEDGE THAT THE SITE AND THE MOGO SERVICES ARE PROVIDED “AS IS”NOT INTENDED TO, “AS AVAILABLE” AND “WITH SHOULD NOT BE CONSIDERED TO, PROVIDE ANY LEGAL, TAX, FINANCIAL PLANNING OR ACCOUNTING ADVICE. If you require advice in such fields, you should consult the appropriate professional advisors. MOGO MAKES NO WARRANTY OR REPRESENTATION, AND PROVIDES NO CONDITION, THAT THE SITE OR THE MOGO SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. You are strongly advised to obtain and use appropriate antivirus and security software. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOGO HEREBY EXPRESSLY DISCLAIMS AND BY USING THIS SITE AND THE MOGO SERVICES YOU WAIVE ALL FAULTS”. XXXXXXXXXCONDITIONS, IT’S OFFICERS, DIRECTORS, EMPLOYEES REPRESENTATIONS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF TITLE, MERCHANTABILITY, COMPATIBILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF RESULTS THAT MAY BE OBTAINED FROM THE SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY LINKED SITES, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT MOGO SERVICES, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. THIS SITESECTION 13 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. You specifically agree that Mogo will not be responsible for unauthorized access to or alteration of the Site or any of the Mogo Services or your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site or relating to the Mogo Services. You specifically agree that Mogo is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Mogo is not responsible for any content sent using or included in the Site or any of the Mogo Services by any third party.

Disclaimer of Representations and Warranties. YOU ACKNOWLEDGE YOUR ACCESS TO AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND THAT SOLE RISK. THE SITE AND SERVICES ARE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” ”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Sendtric, LLC. and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Sendtric Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Site (including the Content and the User-Generated Content); (b) the functions, features, or any other elements on, or made accessible through, the Site; (c) any products, services, or instructions offered or referenced at or linked through the Site; (d) security associated with the transmission of your User-Generated Content transmitted to Sendtric or via the Site; (e) whether the Site or the servers that make the Site available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device); (f) whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to the Site will be repaired; and (h) whether your use of the Site is lawful in any particular jurisdiction. XXXXXXXXXEXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A SENDTRIC PARTY, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SENDTRIC PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, NON-INFRINGEMENT. XXXXXXXXXINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, IT’S OFFICERSTITLE, DIRECTORSCUSTOM, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACYTRADE, COMPLETENESSQUIET ENJOYMENT, OR CONTENT OF THE SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY LINKED SITESSYSTEM INTEGRATION, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMEFREEDOM FROM COMPUTER VIRUS. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITESome jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

Disclaimer of Representations and Warranties. YOU ACKNOWLEDGE YOUR ACCESS TO AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITE AND SERVICES ALL MATERIAL AND CONTENT CONTAINED ON IT ARE PROVIDED DISTRIBUTED “AS IS”, ,” “AS AVAILABLE,” AND “WITH ALL FAULTS”. XXXXXXXXX” AND WITHOUT WARRANTIES OF ANY KIND, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED EITHER EXPRESS OR IMPLIED, WHETHER NOW KNOWN OR HEREAFTER ENACTED, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, WARRANTIES OF TITLETITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITYNON-INFRINGEMENT OF ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON-INFRINGEMENTTHOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. XXXXXXXXXSOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, IT’S OFFICERSSO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. Therefore, DIRECTORSto the fullest extent permissible by law, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUTCompany and its parent(s), subsidiaries and affiliates and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Company Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (Ia) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE,the Site (including the Content and the User-Generated Content); (IIb) THE ACCURACYthe functions, COMPLETENESSfeatures, OR CONTENT OF ANY LINKED SITESor any other elements on, AND/ORor made accessible through, the Site; (IIIc) THE SERVICES FOUND AT THIS SITE OR ANY LINKED SITESany products, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXXservices, IT’S OFFICERSor instructions offered or referenced at or linked through the Site; (d) security associated with the transmission of your User-Generated Content transmitted to Company or via the Site; (e) whether the Site or the servers that make the Site available are free from any harmful components (including viruses, DIRECTORSTrojan horses, EMPLOYEESand other technologies that could adversely impact your Device); (f) whether the information (including any instructions) on the Site is accurate, AGENTS complete, correct, adequate, useful, timely, or reliable; (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITEg) whether any defects to or errors on the Site will be repaired or corrected; (h) whether your access to the Site will be uninterrupted; (i) whether the Site will be available at any particular time or location; and (j) whether your use of the Site is lawful in any particular jurisdiction.

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE THIS SITE AND SERVICES IS SHALL BE AT YOUR OWN RISK AND THAT THE THIS SITE AND SERVICES ARE IS PROVIDED “"AS IS”, “," "AS AVAILABLE” ," AND “"WITH ALL FAULTS”. XXXXXXXXX." THE COMPANY, IT’S ITS OFFICERS, DIRECTORS, EMPLOYEES EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, AND NON-INFRINGEMENT. XXXXXXXXXTHE COMPANY, IT’S ITS OFFICERS, DIRECTORS, EMPLOYEES EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE THIS SITE, , (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED SITESTO THIS SITE, AND/OR OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED SITESTO THIS SITE, AND BLUECHECK THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY XXXXXXXXXTHE COMPANY, IT’S ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES)AGENTS, AND THIRD THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE THIS SITE AND THE SERVICES IS FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THE THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. XXXXXXXXXNODES UNLIMITED LLC, IT’S ITS OFFICERS, DIRECTORS, EMPLOYEES EMPLOYEES, AGENTS, AND AGENTS ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-AND NON- INFRINGEMENT. XXXXXXXXXNODES UNLIMITED LLC, IT’S ITS OFFICERS, DIRECTORS, EMPLOYEES EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE THIS SITE, , (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED SITES(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED SITES(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND BLUECHECK NODES UNLIMITED LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY XXXXXXXXXNODES UNLIMITED LLC, IT’S ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

Disclaimer of Representations and Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE, ANY SERVICES OR THIRD PARTY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE VIA LINKS OR OTHERWISE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THIS WEBSITE OR ON ANY WEBSITE LINKED TO IT. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE SITE AND SERVICES IS SHALL BE AT YOUR OWN RISK AND THAT THIS WEBSITE AND THE SITE AND SERVICES ARE PROVIDED “"AS IS”", “"AS AVAILABLE” " AND “"WITH ALL FAULTS”" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. XXXXXXXXXDPM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR NON-INFRINGEMENTLIMITED UNDER APPLICABLE LAW. XXXXXXXXXNEITHER DPM NOR ANY OFFICER, IT’S OFFICERSDIRECTOR, DIRECTORSEMPLOYEE, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS AGENT OR WARRANTIES ABOUT (I) OTHER PERSON ASSOCIATED WITH DPM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE ACCURACY, COMPLETENESS, CONTENT, SECURITY, RELIABILITY, QUALITY, ACCURACY OR CONTENT AVAILABILITY OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, THE SITE, (II) SERVICES, THE ACCURACY, COMPLETENESS, THIRD-PARTY SERVICES OR CONTENT OF ANY LINKED SITES, AND/OR (III) THE OTHER SERVICES FOUND AT ANY WEBSITES LINKED TO THIS SITE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DPM NOR ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT OR OTHER PERSON ASSOCIATED WITH DPM REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT, THE SERVICES OR ANY LINKED SITESTHIRD-PARTY SERVICES OR OTHER WEBSITES OR ITEMS OBTAINED THROUGH THIS WEBSITE, AND BLUECHECK ASSUMES NO LIABILITY VIA LINKS OR RESPONSIBILITY FOR OTHERWISE, WILL BE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SAMESERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY XXXXXXXXXDPM, IT’S ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER PERSON ASSOCIATED WITH DPM (INCLUDING CALL CENTER OR WITHOUT LIMITATION ITS CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (A) CONSTITUTE LEGAL OR FINANCIAL ADVICE; OR (B) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE WEBSITE OR THE SERVICES FOUND AT THIS SITESERVICES, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

Disclaimer of Representations and Warranties. THE SERVICE IS PROVIDED TO YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND THAT THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS”, ,” “AS AVAILABLE,” AND “WITH ALL FAULTS”” BASIS. XXXXXXXXX, IT’S NEITHER COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND MANAGERS, EMPLOYEES, OR AGENTS DISCLAIM ALL (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES, EXPRESSED OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOOR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE BY ACCESSING OR NON-INFRINGEMENTUSING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. XXXXXXXXXNOTWITHSTANDING THE FOREGOING, IT’S OFFICERSTHESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, DIRECTORSSTATUTORY CONSUMER RIGHTS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS DAMAGES ASSOCIATED WITH PERSONAL INJURY OR WARRANTIES ABOUT (I) THE ACCURACYRESULTING FROM COMPANY INTENTIONAL MISCONDUCT, COMPLETENESSRECKLESSNESS, FRAUD, OR CONTENT OF GROSS NEGLIGENCE. TO THE SITE, (II) MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ACCURACYCOMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS, COMPLETENESSDAMAGE, OR CONTENT OF ANY LINKED SITES, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY LINKED SITES, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH RESPECT TO THE SERVICE, THESE TERMS, OR YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS SET FORTH IN THIS SITE SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE A S S E RT E D L I A B I L I T Y O R D A M A G E S A R E B A S E D O N C O N T R A C T, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR THE SERVICES FOUND AT THIS SITEANY OTHER LEGAL OR EQUITABLE THEORY.

Disclaimer of Representations and Warranties. YOU ACKNOWLEDGE Buyer acknowledges that (i) it has had, and pursuant to this Agreement shall have before Closing, access to the Company, the Company’s Subsidiaries and their respective assets and the officers or other representatives of the Company, the Company’s Subsidiaries and Seller and (ii) in making the decision to enter into this Agreement and consummate the transactions contemplated hereby, Buyer has relied solely on the basis of its own independent investigation, including environmental and other inspections, and upon the express representations, warranties, covenants and agreements set forth in this Agreement, and Seller and the Company expressly disclaim all liability and responsibility (in the absence of intentional fraud) for any representation, warranty, statement or communication made or communicated (orally or in writing) to Buyer or any of its Affiliates, employees, agents, consultants or representatives other than as expressly set forth in this Agreement (including, without limitation, any opinion, information, projection or advice that may have been provided to Buyer by any officer, director, employee, agent, consultant, representative or advisor of the Company, the Company’s Subsidiaries, Seller or any of their respective Affiliates). Accordingly, Buyer acknowledges that, except as expressly set forth in this Agreement, neither the Company nor the Seller has made, and THE COMPANY AND AGREE THAT YOUR USE SELLER MAKE NO AND DISCLAIM ANY, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND WHETHER BY COMMON LAW, STATUTE, OR OTHERWISE, AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL ASSETS ARE DELIVERED IN THEIR PRESENT STATUS, CONDITION AND STATE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND THAT THE SITE AND SERVICES ARE PROVIDED REPAIR, “AS IS”, “AS AVAILABLEWHERE IS” AND “WITH ALL FAULTS”FAULTS OR DEFECTS (KNOWN OR UNKNOWN, LATENT, DISCOVERABLE OR UNDISCOVERABLE). XXXXXXXXXTHE INCLUSION BY THE COMPANY OR SELLER OF ANY OF THE REPRESENTATIONS, IT’S OFFICERSWARRANTIES, DIRECTORS, EMPLOYEES COVENANTS AND AGENTS DISCLAIM ALL WARRANTIESAGREEMENTS CONTAINED IN THIS AGREEMENT DOES NOT CONSTITUTE AN ADMISSION OR ACKNOWLEDGEMENT, EXPRESSED OR IMPLIED, INCLUDINGOF FAULT, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE RESPONSIBILITY OR NON-INFRINGEMENT. XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY LINKED SITES, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE BY THE COMPANY OR THE SERVICES FOUND AT THIS SITESELLER UNDER ANY LAW. Buyer agrees that, to the extent required by Law to be effective, the disclosures contained in this Section 11.1 are “conspicuous” for purposes of any such Laws.

Disclaimer of Representations and Warranties. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE Except only as -------------------------------------------- expressly stated in this Article 4, Sellers make no representations or warranties as to the Assets or the Mesquite Mine, including but not limited to: (i) the status of title to, or the transferability of, any of the Acquired Properties or other Assets; (ii) the physical condition of the Acquired Properties or other Assets; (iii) the compliance of the Acquired Properties or other Assets, or Seller's operations or activities, with any Legal Requirements; (iv) the status of the Leases or any of the Acquired Governmental Permits or Acquired Contracts; or (v) any Environmental Liabilities in any way relating to or arising out of the ownership or operation of the Mesquite Mine, the Acquired Properties or other Assets. EXECUTION COPY WITHOUT LIMITING THE GENERALITY OF THE SITE FOREGOING, SELLERS SPECIFICALLY DISCLAIM ANY AND SERVICES IS AT YOUR OWN RISK AND THAT THE SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL IMPLIED WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR NON-INFRINGEMENT. XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES, AND/OR (III) , EXCEPT AS EXPRESSLY STATED IN THIS ARTICLE 4, THE SERVICES FOUND ASSETS ARE CONVEYED BY SELLERS TO BUYER AT THIS SITE OR ANY LINKED SITESCLOSING AS-IS, WITH ALL FAULTS. BUYER ACKNOWLEDGES THAT SELLERS HAVE AFFORDED BUYER FULL ACCESS TO THE ACQUIRED PROPERTIES, THE ASSETS AND THE MESQUITE MINE, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU ACKNOWLEDGE HAVE MADE AVAILABLE TO BUYER SUCH INFORMATION AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY COPIES OF ANY KIND SUCH DOCUMENTS AS BUYER HAS REQUESTED WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITETHERETO.

Disclaimer of Representations and Warranties. YOU ACKNOWLEDGE YOUR ACCESS TO AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND THAT SOLE RISK. THE SITE AND SERVICES ARE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” ”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Noosa Labs, Inc. and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Sendtric Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Site (including the Content and the User-Generated Content); (b) the functions, features, or any other elements on, or made accessible through, the Site; (c) any products, services, or instructions offered or referenced at or linked through the Site; (d) security associated with the transmission of your User-Generated Content transmitted to Sendtric or via the Site; (e) whether the Site or the servers that make the Site available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device); (f) whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to the Site will be repaired; and (h) whether your use of the Site is lawful in any particular jurisdiction. XXXXXXXXXEXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A SENDTRIC PARTY, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SENDTRIC PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, NON-INFRINGEMENT. XXXXXXXXXINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, IT’S OFFICERSTITLE, DIRECTORSCUSTOM, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACYTRADE, COMPLETENESSQUIET ENJOYMENT, OR CONTENT OF THE SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY LINKED SITESSYSTEM INTEGRATION, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAMEFREEDOM FROM COMPUTER VIRUS. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITESome jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

Disclaimer of Representations and Warranties. THE APPLICATION IS PROVIDED TO YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND THAT THE SITE AND SERVICES ARE PROVIDED “ON AN "AS IS”, “," "AS AVAILABLE” ," AND “"WITH ALL FAULTS”" BASIS. XXXXXXXXX, IT’S NEITHER INTRVYL NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND OR AGENTS DISCLAIM ALL WARRANTIES(COLLECTIVELY, EXPRESSED THE "INTRVYL PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR APPLICATION, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, BUT NOT LIMITED TOOR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR NON-INFRINGEMENTUSING THE APPLICATION YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APPLICATION. XXXXXXXXXNOTWITHSTANDING THE FOREGOING, IT’S OFFICERSTHESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, DIRECTORSSTATUTORY CONSUMER RIGHTS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS DAMAGES ASSOCIATED WITH PERSONAL INJURY OR WARRANTIES ABOUT (I) THE ACCURACYRESULTING FROM INTRVYL INTENTIONAL MISCONDUCT, COMPLETENESSRECKLESSNESS, FRAUD, OR CONTENT OF THE SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY LINKED SITES, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITEGROSS NEGLIGENCE.

Disclaimer of Representations and Warranties. YOU ACKNOWLEDGE EXPRESSLY UNDERSTAND AND AGREE THAT THAT: YOUR USE OF THE SITE SERVICE AND SERVICES ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR OWN RISK AND THAT SOLE RISK. THE SITE AND SERVICES ARE SERVICE IS PROVIDED “ON AN "AS IS”, “" AND "AS AVAILABLE” " BASIS. MDG AND “WITH ALL FAULTS”. XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIESWARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, EXPRESSED PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MDG AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MDG OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT NEITHER MDG OR ITS SERVICE PROVIDERS NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY XXXXX, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF MDG OR ITS SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-INFRINGEMENT. XXXXXXXXXPERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) EVEN IF THE ACCURACY, COMPLETENESS, OR CONTENT PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE SITE, POSSIBILITY OF SUCH DAMAGES; OR (IIvii) ANY OTHER MATTER RELATING TO THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY LINKED SITES, AND BLUECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION PROVIDED BY XXXXXXXXX, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITESERVICE.