Disclaimer of Warranties and Limitation on Liability. (a) YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. EXCEPT AS MAY OTHERWISE EXPRESSLY BE PROVIDED ON THE WEBSITE, EVERYTHING ON THE WEBSITE, INCLUDING THE CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS MAY OTHERWISE EXPRESSLY BE PROVIDED ON THE WEBSITE, INTELLIGENT WELLHEAD SYSTEMS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(b) NEITHER INTELLIGENT WELLHEAD SYSTEMS NOR ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, MAKE ANY REPRESENTATIONS, WARRANTIES, ENDORSEMENT, OR CONDITIONS REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, CURRENCY, ACCURACY, AVAILABILITY OR APPROPRIATENESS OF THE WEBSITE, THE CONTENT OR ITS USEFULNESS FOR YOUR PURPOSES. WITHOUT LIMITING THE FORGOING, NEITHER INTELLIGENT WELLHEAD SYSTEMS NOR ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, REPRESENT OR WARRANT THAT (I) THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED, RELIABLE, ACCURATE, COMPLETE, SUITABLE, VALID, TRUTHFUL, ERROR - FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (II) THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
Disclaimer of Warranties and Limitation on Liability. 6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Disclaimer of Warranties and Limitation on Liability. 5.1. No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND ARECA DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limiting the foregoing, you are solely responsible for determining and verifying that the Software that you obtain and install is the appropriate version for your model of graphics controller board, operating system, and computer hardware.
Disclaimer of Warranties and Limitation on Liability. The MH Materials, the Platform and all materials contained therein are provided on an “as is” basis. Neither MH nor its third party licensors make any guarantees or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose or use as to any such site or the information therein or any warranties as to the accuracy, completeness, currentness, or results to be obtained from accessing and using any of the MH Materials, or any material which can be accessed (via a direct or indirect hyperlink or otherwise) through any such site. Any warranties of any kind, whether express or implied, are disclaimed. Any material or data obtained through use of any of the MH Materials sites is at Subscriber’s and its End Users’ own discretion and risk and Subscriber understands that it will be solely responsible for any resulting damage to its computer system or loss of data. In no event will MH or its third party licensors, be liable for any indirect, special or consequential damages, including but not limited to, lost time, lost money, lost profits or good will, whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen with respect to any use of any of the MH Materials or the Platform. Without limiting the foregoing, in no event shall the aggregate liability of MH and its third-party licensors in any and all categories, whether arising from agreement, warranty, negligence, or otherwise, exceed one-fifth (1/5) of the subscription fee paid by Subscriber for the MH Materials.
Disclaimer of Warranties and Limitation on Liability and Damages; Indemnity
Disclaimer of Warranties and Limitation on Liability. (a) Nutraceutical warrants that the Products, when delivered, will be fit for human consumption. NUTRACEUTICAL MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND WHETHER OR NOT FOUND IN AUTHORIZED LITERATURE, WITH RESPECT TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
(b) THE LIABILITY OF NUTRACEUTICAL ARISING UNDER OR BY REASON OF THIS AGREEMENT TO INDEPENDENT CONTRACTOR OR ANY OTHER PARTY SHALL IN NO EVENT EXCEED THE LIQUIDATED SUM OF THIRTY DAYS OF COMMISSIONS AND OTHER PAYMENTS PAID TO INDEPENDENT CONTRACTOR BY NUTRACEUTICAL, BASED ON THE AVERAGE MONTHLY PAYMENT EARNED BY INDEPENDENT CONTRACTOR DURING THE MOST RECENT TERM OF THIS AGREEMENT. IN NO EVENT SHALL NUTRACEUTICAL BE LIABLE FOR LOST PROFITS OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER CONTRACT, STRICT LIABILITY OR TORT, EVEN IF NUTRACEUTICAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
Disclaimer of Warranties and Limitation on Liability a. No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND THE SMITHSONIAN DISCLAIMS ALL WARRANTIES, EITHERWHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limiting the foregoing, you are solely responsible for determining and verifying that the Software you obtain and install is the appropriate version for your computer or network equipment.
Disclaimer of Warranties and Limitation on Liability. 9.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND CCS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHERWHETHER EXPRESS OR, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
Disclaimer of Warranties and Limitation on Liability. (a) To the extent possible, the Licensor offers the Licensed Material as-is and as- available, and makes no representations or warranties of any kind concerning the Licensed Material, express, implied, statutory or otherwise. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non infringement, absence of latent or other defects, accuracy or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
(b) To the extent possible, in no event will the Licensor be liable to You on any legal theory or otherwise for any special, indirect, incidental, consequential, punitive or exemplary damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such damages. Where limitations of liability are not allowed in full or in part, this limitation may not apply to You.
(c) This Section 4 applies unless the Licensor indicates otherwise in a notice supplied with the Licensed Material as contemplated by Section 3(a)(1)(C).
Disclaimer of Warranties and Limitation on Liability
