Common use of DISCLAIMER OF WARRANTIES AND LIABILITIES Clause in Contracts

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED TO YOU “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ERROR-FREE AND MAY INCLUDE INFORMATION THAT DOES NOT PERTAIN TO YOU AND TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACTION OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY OF THE PROVISIONS OF THIS SECTION, WITH RIGHT OF ENFORCEMENT. TURSS reserves the right to publish or use any responses, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSS.

Appears in 4 contracts

Samples: Terms of Use Agreement, Terms of Use Agreement, Terms of Use Agreement

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DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED TO YOU “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ERROR-FREE AND MAY INCLUDE INFORMATION THAT DOES NOT PERTAIN TO YOU AND TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACTION OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITE, YOU ACKNOWLEDGE 6.1 CUSTOMER EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TG SHALL NOT BE LIABLE TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SPECIAL EXEMPLARY DAMAGES ARISING OUT OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE TG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESTHEREOF), AND INCLUDING DAMAGES RESULTING FROM: (I) ANY DOCUMENT OR TRANSACTION SENT THROUGH THE SERVICE WHERE TG WAS NOT A DIRECT PARTY; (II) THE USE OR INABILITY TO USE MYTRUST 365, INCLUDING ERRORS, INTERRUPTIONS OR DELAYS; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DOCUMENTS OR TRANSMISSIONS; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. EXCEPT FOR A BREACH OF CLAUSE 5 (CONFIDENTIAL INFORMATION), CLAUSE 14 (INTELLECTUAL PROPERTY) AND CLAUSE 16 (MUTUAL OBLIGATIONS UNDER THE PERSONAL DATA PROTECTION ACT 2010), TG’S LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENTSHALL NOT EXCEED, IN THE AGGREGATE, A SUM EQUAL TO THE AMOUNT OF FEES (IF ANY) PAID FOR USING THE SERVICE UNDER THIS AGREEMENT. 6.2 Customer’s use of MyTrust 365 is at their sole risk. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY OF THE PROVISIONS OF THIS SECTION, WITH RIGHT OF ENFORCEMENTTG provides MyTrust 365 on an “as is” and “as available” basis. TURSS reserves the right to publish or use any responses, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment TG expressly disclaims all warranties of any kind kind, whether express or implied, including, but not limited to the sender. All implied warranties of merchantability, fitness for a particular purpose and non-infringement. 6.3 TG does not warrant and expressly disclaims that (i) MyTrust 365 will meet customer’s requirements; (ii) MyTrust 365 will be uninterrupted, reliable, timely, secure, error-free, or free of viruses and other harmful components, (iii) any errors on MyTrust 365 will be corrected; and (iv) that documents or materials that you store via MyTrust 365 will remain accessible. 6.4 Any material downloaded or otherwise obtained through the use of MyTrust 365 is done at Customer’s sole discretion and risk, and Customer will be solely responsible for any damage to his computer system or loss of data that results from the download of any such submissions are material. 6.5 No advice or information, whether oral or written, obtained by Customer from TG, or through or from MyTrust 365, shall create any warranty not expressly stated in this agreement. 6.6 Customer will indemnify, defend, and hold harmless TG and TG’s employees, officers, directors, shareholders, affiliates, and assigns against all third-party claims and all related liabilities, damages, and costs, including reasonable attorneys’ fees, arising from: (a) Customer’s breach of this Agreement; (b) a misrepresentation by Customer with respect to the products or services provided under this Agreement, including, but not limited to the relationship between the parties under this Agreement; (c) a claim that any material produced by infringes on any third-party’s copyrights, trade secret, patent, trademark, or is defamatory or would constitute false advertising; (d) an allegation that personal injury or property damage caused by the fault or negligence of TURSS.Customer; (e) an allegation that Customer, or an agent of Customer, used TG’s products or services to infringe on the rights of a third party; (f) infringement (or alleged infringement) of any intellectual property rights in connection with Customer’s use of the Trademarks other than in accordance with this Agreement

Appears in 3 contracts

Samples: Certification Agreement, Certification Agreement, Certification Agreement

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE AND CUSTOMER'S USE OF THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE IS AT CUS- TOMER'S SOLE RISK. THE SERVICES ARE PRO- VIDED ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED TO YOU “AN "AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR " AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENTKIND, CREDIT INFORMATION, PRODUCTS EITHER EX- PRESS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE IMPLIED. ALL REPRESENTATIONS AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLEWHETHER EXPRESS, MERCHANTABILITYIMPLIED, STAT- UTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MER- CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPUR- POSE, OR NON-INFRINGEMENT AND INFORMATIONAL CONTENTOF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE FULL- EST EXTENT PERMITTED BY APPLICABLE LAW. THEREFORE, YOU AGREE 1NCE DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO AND USE OF SHAREABLETHE SERVICES WILL BE SAFE, THE SITETIMELY, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT UN- INTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA USED BY CUS- TOMER; THAT THE PRODUCTS AND SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS; OR THAT THE PRODUCTS AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COM- PONENTS. THE SERVICES MAY INCLUDE INFORMATION THAT DOES BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS IN- HERENT IN THE USE OF THE INTERNET AND WIRE- LESS COMMUNICATIONS. 1NCE IS NOT PERTAIN TO YOU AND TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS ARE RESPON- SIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH IS- SUES. 1NCE SHALL NOT RESPONSIBLE OR BE LIABLE FOR ANY ACTION DAM- AGES OR DECISION TAKEN BY A THIRD PARTY BASED ON LOSSES ARISING FROM THE CREDIT INFORMATION. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED FAILURE OF THE POSSIBILITY CUSTOMER OR ITS END USER TO SECURE COMPLIANCE MENTIONED IN SECTION 4.3 OF THESE GTC IN THE RELEVANT JURISDICTION IN WHICH THE IOT SIM SHALL BE USED. 1NCE SHALL NOT BE LIABLE TOWARDS THE CUSTOMER OR ITS END USER FOR DISABLING MOBILE CONNECTIV- ITY FOR THE IOT SIM IF 1NCE IS MANDATED TO DISABLE SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENTMOBILE CON-NECTIVITY PURSU- ANT TO ORDERS OR INSTRUC-TIONS FROM GOV- ERNMENTAL AUTHORITY OR PURSUANT TO COURT ORDERS. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY OF THE PROVISIONS OF THIS SECTION, WITH RIGHT OF ENFORCEMENT. TURSS reserves Liability for damages is limited in accordance with the right to publish or use any responses, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment provisions of any kind to the sender. All such submissions are the property clause 8 of TURSSthese GTC.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE AND 3.1. NEITHER THE SITERECEIPT, INCLUDING ALL CONTENTPROCESSING, CREDIT INFORMATIONSTORAGE, TRANSMISSION, NOR DISPLAY OF INFORMATION BY THE PRODUCTS AND SERVICES MADE AVAILABLE ON CONSTITUTES THE PRACTICE OF MEDICINE BY CAREFUSION. THE PRODUCTS AS PROVIDED BY CAREFUSION COMPRISE A TOOL TO BE USED BY CUSTOMER'S CLINICAL STAFF IN THE PERFORMANCE OF THEIR PROFESSIONAL RESPONSIBILITIES; THE PRODUCTS DO NOT REPLACE THEIR PROFESSIONAL SKILL OR ACCESSED THROUGH THIS SITE, ARE PROVIDED TO YOU “AS IS”JUDGMENT. TO CUSTOMER IS SOLELY RESPONSIBLE FOR THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR CARE OF ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO PATIENTS. THE CONTENT, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS PRODUCTS FOR ANY PURPOSE RELATED TO SHARE WITH THIRD PARTIES SUCH CARE OR OTHERWISE IS NOT ERROR-FREE AND MAY INCLUDE INFORMATION THAT DOES NOT PERTAIN TO YOU AND TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACTION OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED CONTROLLED BY CAREFUSION. CUSTOMER IS RESPONSIBLE FOR VERIFYING THE ACCURACY, COMPLETENESS, AND PERTINENCE OF ANY PHARMACOLOGICAL, MEDICAL, PATIENT, LEGAL OR OTHER INFORMATION ENTERED IN, RECEIVED BY, PROCESSED BY, STORED IN, TRANSMITTED BY, PRODUCED BY, DISPLAYED BY, OR USED IN CONNECTION WITH YOUR ACCESS TO OR THE PRODUCTS. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES ASSOCIATED WITH THE USE OF SHAREABLESUCH INFORMATION, WHETHER SUCH INFORMATION IS USED ALONE OR IN COMBINATION WITH OTHER INFORMATION. 3.2. NOTWITHSTANDING ANYTHING TO THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF CONTRARY IN THE POSSIBILITY OF SUCH DAMAGESAGREEMENT(S), INCLUDING LIABILITY ASSOCIATED CAREFUSION SHALL HAVE NO OBLIGATION TO DEFEND OR INDEMNIFY CUSTOMER WITH RESPECT TO ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE SUIT, CLAIM OR DEMAND FOR INJURIES OR DAMAGES OF ANY K1ND SUSTAINED BY CUSTOMER, ANY EMPLOYEE OF CUSTOMER, ANY MEMBER OF CUSTOMER'S CLINICAL STAFF, ANY PATIENT, OR ANY OTHER PERSON ARISING FROM OR RELATED TO: (A) PATIENT CARE OR THE EXERCISE OF PROFESSIONAL JUDGMENT AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY OF SKILL, (B) THE PROVISIONS OF THIS SECTIONACCURACY, WITH RIGHT OF ENFORCEMENT. TURSS reserves the right to publish or use any responsesCOMPLETENESS, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSS.OR PERTINENCE OF

Appears in 1 contract

Samples: Pass Through Terms and Conditions

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE THE SERVICE AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, SOFTWARE ARE PROVIDED TO YOU “ON AN "AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR " AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENTKIND, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EITHER EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING TITLE, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT AND INFORMATIONAL CONTENTINFRINGEMENT. THEREFORE, YOU AGREE THAT YOUR ACCESS NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE EXPRESS OR IMPLY ANY WARRANTY THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ONLINE STORE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND MAY INCLUDE INFORMATION MERCHANT MUST DETERMINE THAT DOES NOT PERTAIN THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS. MERCHANT ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT MERCHANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU AND TURSS ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YAHOO!, AND ITS AFFILIATES PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND ITS DATA PROVIDERS ARE AGENTS, SHALL NOT RESPONSIBLE BE LIABLE, UNDER ANY CIRCUMSTANCES OR LIABLE LEGAL THEORIES WHATSOEVER, FOR ANY ACTION LOSS OF BUSINESS, PROFITS OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITEGOODWILL, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACTLOSS OF USE OR DATA, TORTINTERRUPTION OF BUSINESS, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTALSPECIAL, INCIDENTAL OR CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR ANY CHARACTER, EVEN IF YAHOO! IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY CONNECTED WITH YOUR ACCESS FROM MERCHANT'S USE OR INABILITY TO USE THE ONLINE STORE SERVICES OR USE THE SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED PERFORMANCE OF THE POSSIBILITY OF SUCH DAMAGES)ONLINE STORE SERVICES OR THE SOFTWARE. YAHOO!'S LIABILITY TO MERCHANT SHALL NOT, INCLUDING LIABILITY ASSOCIATED WITH FOR ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY MERCHANT TO YAHOO! OVER THE COURSE OF THE PROVISIONS EXISTING TERM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THIS SECTIONCERTAIN WARRANTIES OR LIABILITIES, WITH RIGHT SO SOME OF ENFORCEMENT. TURSS reserves the right to publish or use any responses, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSSTHE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Merchant Service Agreement (Nucotec Inc)

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE AND THE SITE9.1 HHS selects only the most outstanding and credible medical material for inclusion in its service. The editors consult only sources they deem reliable and competent. However, INCLUDING ALL CONTENTin view of the possibility of human error by others, CREDIT INFORMATIONeditors or publishers of works contained in HHS/IDEAL services, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITEand the inherent hazards of electronic distribution, ARE PROVIDED TO YOU “AS IS”there may be delays, omissions or inaccuracies in such information. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWThis information is not intended to replace medical advice offered by physicians. 9.2 The HHS/IDEAL Services may include journal content that represents facts, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENTviews, CREDIT INFORMATIONopinions and recommendations of individuals and organizations. HHS does not guarantee the accuracy, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITEcompleteness or timeliness of, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUSor otherwise endorse, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS these views or opinions. 9.3 HARCOURT HEALTH SCIENCES AND ITS AFFILIATES AFFILIATES, AGENTS AND ITS DATA PROVIDERS DISCLAIM ALL EXPRESS LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF INFORMATION AVAILABLE THROUGH HARCOURT HEALTH SCIENCES. NEITHER HARCOURT HEALTH SCIENCES NOR ANY OF ITS AFFILIATES, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ERROR-FREE AND MAY INCLUDE INFORMATION THAT DOES NOT PERTAIN AGENTS OR LICENSORS SHALL BE LIABLE TO YOU AND TURSS OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH HARCOURT HEALTH SCIENCES. IN NO EVENT WILL HARCOURT HEALTH SCIENCES, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. HARCOURT HEALTH SCIENCES AND ITS AFFILIATES AFFILIATES, AGENTS AND ITS DATA PROVIDERS ARE LICENSORS SHALL NOT RESPONSIBLE BE LIABLE TO YOU OR LIABLE ANYONE ELSE FOR ANY ACTION OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITEDAMAGES (INCLUDING, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACTWITHOUT LIMIATION, TORTCONSEQUENTIAL, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECTSPECIAL, INCIDENTAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES (SIMILAR DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY THE LIABILITY OF HARCOURT HEALTH SCIENCES, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE PROVISIONS OF THIS SECTIONINFORMATION PROVIDED BY HARCOURT HEALTH SCIENCES SHALL NOT EXCEED THE AMOUNT YOU PAID TO HARCOURT HEALTH SCIENCES FOR THE INFORMATION. 9.4 HHS neither endorses nor takes responsibility for any products, WITH RIGHT OF ENFORCEMENT. TURSS reserves the right to publish goods or use any responses, questions services offered by outside vendors through our services or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSSadvertised on our system.

Appears in 1 contract

Samples: Concurrent Use License Agreement

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE (a) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE CONTRIBUTED ASSETS ARE BEING CONTRIBUTED, ASSIGNED AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE TRANSFERRED BY ASSIGNOR TO ASSIGNEE ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED TO YOU “AN "AS IS" BASIS AS OF THE ASSIGNMENT EFFECTIVE DATE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE PERMITTED BY LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY ASSIGNOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE CONDITION, QUALITY, UTILITY OR WARRANTIES VALUE OF ANY KIND WHATSOEVER AS TO AND ALL OF THE CONTENTCONTRIBUTED ASSETS, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (i) ANY STATUTORY OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, NON-INFRINGEMENT COURSE OF PERFORMANCE OR USAGE OF TRADE. (b) ASSIGNOR WILL NOT BE LIABLE TO ASSIGNEE FOR DAMAGES, AND INFORMATIONAL CONTENT. THEREFOREASSIGNEE HEREBY RELEASES ASSIGNOR FROM ANY LIABILITY FOR DAMAGES, YOU ARISING UNDER ANY THEORIES OF LEGAL LIABILITY, TO THE FULLEST EXTENT THAT ASSIGNEE MAY LEGALLY AGREE TO RELEASE ASSIGNOR FROM LIABILITY FOR SUCH DAMAGES; PROVIDED, HOWEVER, THAT YOUR ACCESS TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ERROR-FREE AND MAY INCLUDE INFORMATION THAT ASSIGNEE DOES NOT PERTAIN RELEASE ASSIGNOR FROM ANY LIABILITY ARISING SOLELY FROM THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF ASSIGNOR (UNLESS ATTRIBUTED OR IMPUTED TO YOU AND TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS ASSIGNOR BY REASON OF ANY ACT OR OMISSION OF ASSIGNEE WHETHER AS AGENT FOR ASSIGNOR OR OTHERWISE). "THEORIES OF LEGAL LIABILITY" AS USED IN THIS SECTION 8(B) INCLUDE, BUT ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACTION OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITELIMITED TO, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF IMPLIED COVENANT AND THE SOLE OR CONCURRENT NEGLIGENCE OF ASSIGNOR OR ANY PERSON WHOSE NEGLIGENCE, DUTIES, ACTIONS OR LIABILITIES MAY BE ATTRIBUTED OR IMPUTED TO ASSIGNOR. (c) No Consequential or Incidental Damages. ASSIGNOR SHALL HAVE NO OBLIGATION OR LIABILITY OR OTHERWISEUNDER ANY "THEORIES OF LEGAL LIABILITY" (AS SUCH PHRASE IS USED IN SECTION 8(b)) FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY DIRECTOTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY DEFECT IN, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF SHAREABLEOR OWNERSHIP OF, THE SITEANY CONTRIBUTED ASSET. (d) As used in this Section 8, CONTENTthe term "Assignor" shall include all directors, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)officers, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY OF THE PROVISIONS OF THIS SECTIONstockholders, WITH RIGHT OF ENFORCEMENT. TURSS reserves the right to publish or use any responsesaffiliates, questions or comments emailed to TURSS promotional or other purposes without any further permissionemployees, notice or payment agents, attorneys and representatives of any kind to the sender. All such submissions are the property of TURSSAssignor.

Appears in 1 contract

Samples: Bill of Contribution, Assignment and Assumption Agreement (Travelocity Com Inc)

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE (a) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE CONTRIBUTED ASSETS ARE BEING CONTRIBUTED, ASSIGNED AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE TRANSFERRED BY ASSIGNOR TO ASSIGNEE ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED TO YOU “AN "AS IS" BASIS AS OF THE ASSIGNMENT EFFECTIVE DATE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE PERMITTED BY LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY ASSIGNOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE CONDITION, QUALITY, UTILITY OR WARRANTIES VALUE OF ANY KIND WHATSOEVER AS TO AND ALL OF THE CONTENTCONTRIBUTED ASSETS, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (i) ANY STATUTORY OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, NON-INFRINGEMENT COURSE OF PERFORMANCE OR USAGE OF TRADE. (b) ASSIGNOR WILL NOT BE LIABLE TO ASSIGNEE FOR DAMAGES, AND INFORMATIONAL CONTENT. THEREFOREASSIGNEE HEREBY RELEASES ASSIGNOR FROM ANY LIABILITY FOR DAMAGES, YOU ARISING UNDER ANY THEORIES OF LEGAL LIABILITY, TO THE FULLEST EXTENT THAT ASSIGNEE MAY LEGALLY AGREE TO RELEASE ASSIGNOR FROM LIABILITY FOR SUCH DAMAGES; PROVIDED, HOWEVER, THAT YOUR ACCESS TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ERROR-FREE AND MAY INCLUDE INFORMATION THAT ASSIGNEE DOES NOT PERTAIN RELEASE ASSIGNOR FROM ANY LIABILITY ARISING SOLELY FROM THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF ASSIGNOR (UNLESS ATTRIBUTED OR IMPUTED TO YOU AND TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS ASSIGNOR BY REASON OF ANY ACT OR OMISSION OF ASSIGNEE WHETHER AS AGENT FOR ASSIGNOR OR OTHERWISE). "THEORIES OF LEGAL LIABILITY" AS USED IN THIS SECTION 10(B) INCLUDE, BUT ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACTION OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITELIMITED TO, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF IMPLIED COVENANT AND THE SOLE OR CONCURRENT NEGLIGENCE OF ASSIGNOR OR ANY PERSON WHOSE NEGLIGENCE, DUTIES, ACTIONS OR LIABILITIES MAY BE ATTRIBUTED OR IMPUTED TO ASSIGNOR. (c) No Consequential or Incidental Damages. ASSIGNOR SHALL HAVE NO OBLIGATION OR LIABILITY OR OTHERWISEUNDER ANY "THEORIES OF LEGAL LIABILITY" (AS SUCH PHRASE IS USED IN SECTION 10(b)) FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY DIRECTOTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY DEFECT IN, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF SHAREABLEOR OWNERSHIP OF, THE SITEANY CONTRIBUTED ASSET. (d) As used in this Section 10, CONTENTthe term "Assignor" shall include Holdings, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)Travxxxxxxx.xxx xxx all directors, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY OF THE PROVISIONS OF THIS SECTIONofficers, WITH RIGHT OF ENFORCEMENT. TURSS reserves the right to publish or use any responsesstockholders, questions or comments emailed to TURSS promotional or other purposes without any further permissionaffiliates, notice or payment employees, agents, attorneys and representatives of any kind to the sender. All such submissions are the property of TURSSAssignor, Holdings and Travxxxxxxx.xxx.

Appears in 1 contract

Samples: Bill of Contribution, Assignment and Assumption Agreement (Travelocity Com Inc)

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE (a) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE CONTRIBUTED ASSETS ARE BEING CONTRIBUTED, ASSIGNED AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE TRANSFERRED BY ASSIGNOR TO ASSIGNEE ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED TO YOU “AN "AS IS" BASIS AS OF THE ASSIGNMENT EFFECTIVE DATE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE PERMITTED BY LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY ASSIGNOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE CONDITION, QUALITY, UTILITY OR WARRANTIES VALUE OF ANY KIND WHATSOEVER AS TO AND ALL OF THE CONTENTCONTRIBUTED ASSETS, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (i) ANY STATUTORY OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, NON-INFRINGEMENT COURSE OF PERFORMANCE OR USAGE OF TRADE. (b) ASSIGNOR WILL NOT BE LIABLE TO ASSIGNEE FOR DAMAGES, AND INFORMATIONAL CONTENT. THEREFOREASSIGNEE HEREBY RELEASES ASSIGNOR FROM ANY LIABILITY FOR DAMAGES, YOU ARISING UNDER ANY THEORIES OF LEGAL LIABILITY, TO THE FULLEST EXTENT THAT ASSIGNEE MAY LEGALLY AGREE TO RELEASE ASSIGNOR FROM LIABILITY FOR SUCH DAMAGES; PROVIDED, HOWEVER, THAT YOUR ACCESS TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ERROR-FREE AND MAY INCLUDE INFORMATION THAT ASSIGNEE DOES NOT PERTAIN RELEASE ASSIGNOR FROM ANY LIABILITY ARISING SOLELY FROM THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF ASSIGNOR (UNLESS ATTRIBUTED OR IMPUTED TO YOU AND TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS ASSIGNOR BY REASON OF ANY ACT OR OMISSION OF ASSIGNEE WHETHER AS AGENT FOR ASSIGNOR OR OTHERWISE). "THEORIES OF LEGAL LIABILITY" AS USED IN THIS SECTION 7(b) INCLUDE, BUT ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACTION OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITELIMITED TO, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF IMPLIED COVENANT AND THE SOLE OR CONCURRENT NEGLIGENCE OF ASSIGNOR OR ANY PERSON WHOSE NEGLIGENCE, DUTIES, ACTIONS OR LIABILITIES MAY BE ATTRIBUTED OR IMPUTED TO ASSIGNOR. (c) No Consequential or Incidental Damages. ASSIGNOR SHALL HAVE NO OBLIGATION OR LIABILITY OR OTHERWISEUNDER ANY "THEORIES OF LEGAL LIABILITY" (AS SUCH PHRASE IS USED IN SECTION 7(b)) FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY DIRECTOTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY DEFECT IN, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OR OWNERSHIP OF, ANY CONTRIBUTED ASSET. (d) As used in this Section 7, the term "Assignor" shall include Travxxxxxxx.xxx Xxx and all directors, officers, stockholders, affiliates, employees, agents, attorneys and representatives of Assignor and Travxxxxxxx.xxx Xxx. (e) Full Negotiation by Parties. THE PARTIES ACKNOWLEDGE THAT THIS SECTION 7 HAS BEEN THE SUBJECT OF SHAREABLE, FULL DISCUSSION AND NEGOTIATION BETWEEN THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE PARTIES AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY OF THE PROVISIONS OF THIS SECTIONAGREEMENT WERE ARRIVED AT IN CONSIDERATION OF THE PROVISIONS AND EFFECTS OF THIS SECTION 7, WITH RIGHT OF ENFORCEMENT. TURSS reserves the right to publish or use any responses, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSSINCLUDING THE DISCLAIMERS AND RELEASES SET FORTH HEREIN.

Appears in 1 contract

Samples: Bill of Contribution, Assignment and Assumption Agreement (Travelocity Com Inc)

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DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE THE SERVICE AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, SOFTWARE ARE PROVIDED TO YOU ON AN “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR ” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENTKIND, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EITHER EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING TITLE, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT AND INFORMATIONAL CONTENTINFRINGEMENT. THEREFORE, YOU AGREE THAT YOUR ACCESS NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE EXPRESS OR IMPLY ANY WARRANTY THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ONLINE STORE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND MAY INCLUDE INFORMATION MERCHANT MUST DETERMINE THAT DOES NOT PERTAIN THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS. MERCHANT ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT MERCHANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU AND TURSS ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YAHOO!, AND ITS AFFILIATES PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND ITS DATA PROVIDERS ARE AGENTS, SHALL NOT RESPONSIBLE BE LIABLE, UNDER ANY CIRCUMSTANCES OR LIABLE LEGAL THEORIES WHATSOEVER, FOR ANY ACTION LOSS OF BUSINESS, PROFITS OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITEGOODWILL, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACTLOSS OF USE OR DATA, TORTINTERRUPTION OF BUSINESS, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTALSPECIAL, INCIDENTAL OR CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR ANY CHARACTER, EVEN IF YAHOO! IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY CONNECTED WITH YOUR ACCESS FROM MERCHANT’S USE OR INABILITY TO USE THE ONLINE STORE SERVICES OR USE THE SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED PERFORMANCE OF THE POSSIBILITY OF SUCH DAMAGES)ONLINE STORE SERVICES OR THE SOFTWARE. YAHOO!’S LIABILITY TO MERCHANT SHALL NOT, INCLUDING LIABILITY ASSOCIATED WITH FOR ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY MERCHANT TO YAHOO! OVER THE COURSE OF THE PROVISIONS EXISTING TERM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THIS SECTIONCERTAIN WARRANTIES OR LIABILITIES, WITH RIGHT SO SOME OF ENFORCEMENT. TURSS reserves the right to publish or use any responses, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSSTHE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Yahoo! Store Merchant Service Agreement (Saltys Warehouse, Inc.)

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE ALL LICENSED INFORMATION AND OTHER MATERIAL ON THE SITE, WEBSITES (INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS WITHOUT LIMITATION LEGISLATION AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, ARE CASE REPORTS) IS PROVIDED TO YOU “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR ” AND WITHOUT WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENTEITHER EXPRESS OR IMPLIED, CREDIT INFORMATIONAND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. DAILY JOURNAL, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EXPRESS LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OF ANY LICENSED INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE OR THE SERVICE ITSELF. DAILY JOURNAL, NON-INFRINGEMENT ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND INFORMATIONAL LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGE, OR DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. THEREFORETHE INFORMATION CONTAINED AT DAILY JOURNAL WEB SITES IS NOT INTENDED TO PROVIDE, YOU AGREE THAT AND DOES NOT CONSTITUTE, LEGAL ADVICE. YOUR ACCESS OF THE SERVICES, INCLUDING DOCUMENTS ORDERED FROM THE WEBSITES, DOES NOT CONSTITUTE AN ATTORNEYCLIENT RELATIONSHIP. THE ENTIRE RISK AS TO RESULTS AND USE PERFORMANCE IS ASSUMED BY THE USER OF SHAREABLETHE LICENSED INFORMATION. THE LICENSED INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE SITEDAILY JOURNAL UNDERTAKES NO DUTY OR RESPONSIBILITY TO UPDATE LICENSED INFORMATION OR TO NOTIFY USERS OF ANY CHANGES TO LICENSED INFORMATION. THE WEBSITES INCLUDE FACTS, PRODUCTSVIEWS, SERVICES OPINIONS AND RECOMMENDATIONS OF INDIVIDUALS AND ORGANIZATIONS DEEMED OF INTEREST. DAILY JOURNAL AND ITS CONTENT ARE AT YOUR OWN RISKLICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF, OR OTHERWISE ENDORSE, THESE FACTS, VIEWS, OPINIONS OR RECOMMENDATIONS. ADDITIONALLY, YOU AGREE DAILY JOURNAL DOES NOT WARRANT THAT THE CREDIT INFORMATION WEBSITES ARE COMPATIBLE WITH YOUR EQUIPMENT OR THAT YOU AUTHORIZE TURSS TO SHARE WITH THE WEBSITES ARE FREE OF ERRORS OR VIRUSES, WORMS,“TROJAN HORSES,” MALWARE, SPYWARE, ADWARE, OR ANY OTHER MALICIOUS CODE CREATED BY THIRD PARTIES (COLLECTIVELY, “MALICIOUS CODE”) AND IS NOT ERROR-FREE AND MAY INCLUDE INFORMATION THAT DOES NOT PERTAIN TO YOU AND TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACTION DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH MALICIOUS CODE. DAILY JOURNAL ALSO DOES NOT WARRANT THAT THERE WILL NOT BE UNAUTHORIZED ACCESS OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY USING OUR SITEACCESSING ANY OF THE WEBSITES OR PROVIDING US WITH YOUR PERSONALLY IDENTIFIABLE INFORMATION, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) DAILY JOURNAL SHALL NOT BE LIABLE FOR ANY DIRECTSUCH UNAUTHORIZED ACCESS OR USE. IF YOU DO NOT AGREE, INDIRECTYOU SHOULD NOT USE ANY OF THE WEBSITES. DUE TO THE INHERENT NATURE OF ELECTRONIC DISTRIBUTION, INCIDENTALTHERE MAY BE DELAYS AND OMISSIONS IN THE WEBSITES. YOU AGREE THAT THE AGGREGATE LIABILITY OF DAILY JOURNAL, CONSEQUENTIAL ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, FOR ANY AND ALL LOSSES, CLAIMS, DAMAGES, EXPENSES, FEES OR SPECIAL DAMAGES OTHER LIABILITIES (COLLECTIVELY, “CLAIMS”) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS RELATED TO THIS AGREEMENT, THE WEBSITES OR THE LICENSED INFORMATION OR OTHER MATERIAL SHALL NOT EXCEED THE AMOUNT YOU PAID TO DAILY JOURNAL FOR THE USE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF SERVICE IN THE POSSIBILITY OF 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH DAMAGESCLAIM(S), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY OF THE PROVISIONS OF THIS SECTION, WITH RIGHT OF ENFORCEMENT. TURSS reserves the right to publish or use any responses, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSS.

Appears in 1 contract

Samples: User Agreement

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE THE SERVICE AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, SOFTWARE ARE PROVIDED TO YOU “ON AN "AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR " AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENTKIND, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EITHER EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING TITLE, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT AND INFORMATIONAL CONTENTINFRINGEMENT. THEREFORE, YOU AGREE THAT YOUR ACCESS NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE EXPRESS OR IMPLY ANY WARRANTY THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ONLINE STORE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND MAY INCLUDE INFORMATION MERCHANT MUST DETERMINE THAT DOES NOT PERTAIN THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS. MERCHANT ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT MERCHANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU AND TURSS ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. ETECHGLOBAL, AND ITS AFFILIATES PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND ITS DATA PROVIDERS ARE AGENTS, SHALL NOT RESPONSIBLE BE LIABLE, UNDER ANY CIRCUMSTANCES OR LIABLE LEGAL THEORIES WHATSOEVER, FOR ANY ACTION LOSS OF BUSINESS, PROFITS OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITEGOODWILL, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACTLOSS OF USE OR DATA, TORTINTERRUPTION OF BUSINESS, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTALSPECIAL, INCIDENTAL OR CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR ANY CHARACTER, EVEN IF ETECHGLOBAL ONLINE IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY CONNECTED WITH YOUR ACCESS FROM MERCHANT’S USE OR INABILITY TO USE THE ONLINE STORE SERVICES OR USE THE SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED PERFORMANCE OF THE POSSIBILITY OF SUCH DAMAGES)ONLINE STORE SERVICES OR THE SOFTWARE. ETECHGLOBAL’S LIABILITY TO MERCHANT SHALL NOT, INCLUDING LIABILITY ASSOCIATED WITH FOR ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY MERCHANT TO ETECHGLOBAL ONLINE OVER THE COURSE OF THE PROVISIONS EXISTING TERM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THIS SECTIONCERTAIN WARRANTIES OR LIABILITIES, WITH RIGHT SO SOME OF ENFORCEMENT. TURSS reserves the right to publish or use any responses, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSSTHE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Merchant Service and Licensing Agreement

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE THE SERVICE AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, SOFTWARE ARE PROVIDED TO YOU “ON AN "AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR " AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENTKIND, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EITHER EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING TITLE, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR NON-INFRINGEMENT AND INFORMATIONAL CONTENTINFRINGEMENT. THEREFORE, YOU AGREE THAT YOUR ACCESS NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE EXPRESS OR IMPLY ANY WARRANTY THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ONLINE STORE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE-SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND MAY INCLUDE INFORMATION MERCHANT MUST DETERMINE THAT DOES NOT PERTAIN THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS. MERCHANT ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT MERCHANT WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGES TO YOU AND TURSS ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YAHOO! AND ITS AFFILIATES PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND ITS DATA PROVIDERS ARE AGENTS, SHALL NOT RESPONSIBLE BE LIABLE, UNDER ANY CIRCUMSTANCES OR LIABLE LEGAL THEORIES WHATSOEVER, FOR ANY ACTION LOSS OF BUSINESS, PROFITS OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITEGOODWILL, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACTLOSS OF USE OR DATA, TORTINTERRUPTION OF BUSINESS, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTALSPECIAL, INCIDENTAL OR CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR ANY CHARACTER, EVEN IF YAHOO! IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY CONNECTED WITH YOUR ACCESS FROM MERCHANT'S USE OR INABILITY TO USE THE ONLINE STORE SERVICES OR USE THE SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED PERFORMANCE OF THE POSSIBILITY OF SUCH DAMAGES)ONLINE STORE SERVICES OR THE SOFTWARE. YAHOO!'S LIABILITY TO MERCHANT SHALL NOT, INCLUDING LIABILITY ASSOCIATED WITH FOR ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY MERCHANT TO YAHOO! OVER THE COURSE OF THE PROVISIONS EXISTING TERM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THIS SECTIONCERTAIN WARRANTIES OR LIABILITIES, WITH RIGHT SO SOME OF ENFORCEMENT. TURSS reserves the right to publish or use any responses, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSSTHE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Merchant Service Agreement (Netmaximizer Com Inc)

DISCLAIMER OF WARRANTIES AND LIABILITIES. SHAREABLE YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE SITEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE WEBSITE/APP, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE/APP IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED TO YOU “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITYNON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NONWE MAKE NO WARRANTY THAT: (I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-INFRINGEMENT FREE; (II) MATERIALS, INFORMATION OBTAINED AND INFORMATIONAL RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) ANY ERRORS OR DEFECTS IN THE WEBSITE/APP, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT. THEREFORE, YOU AGREE THE USER UNDERSTANDS AND AGREES THAT YOUR ACCESS ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE/APP IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO AND USE THEIR COMPUTER SYSTEMS OR LOSS OF SHAREABLE, DATA THAT RESULTS FROM THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISKDOWNLOAD OF SUCH MATERIAL OR DATA. ADDITIONALLY, YOU AGREE THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ERROR-FREE AND MAY INCLUDE INFORMATION THAT DOES NOT PERTAIN TO YOU AND TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES. WE SHALL NOT BE LIABLE FOR ANY ACTION OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY PRODUCT OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT XXXXX’S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY OF THE PROVISIONS OF THIS SECTION, WITH RIGHT OF ENFORCEMENT. TURSS reserves the right to publish or use any responses, questions or comments emailed to TURSS promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSSSERVICES.

Appears in 1 contract

Samples: Terms and Conditions

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