DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, COMPANY MAKES NO WARRANTIES WITH RESPECT TO THE SERVICES, MANUALS, ANY COMPONENTS OR PORTIONS OF ANY OF THEM OR OTHER GOODS OR SERVICES PROVIDED HEREUNDER, EXPRESS, IMPLIED, OR STATUTORY, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AGAINST INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER OR ANY THIRD PARTY IN WARRANTY, CONTRACT, NEGLIGENCE, STRICT TORT, PRODUCTS LIABILITY OR OTHERWISE. CUSTOMER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE TO CUSTOMER, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR OWNERS FOR ANY SPECIAL, INDIRECT, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, OR LOSS OF GOODWILL RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, WORK PRODUCT, OR OTHER GOODS OR SERVICES PROVIDED HEREUNDER OR ANY COMPONENTS OR PORTIONS THEREOF, EVEN IF COMPANY HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING; PROVIDED THAT THIS LIMITATION SHALL NOT APPLY TO EITHER PARTY’S CONFIDENTIALITY OBLIGATIONS UNDER SECTION 6 OR INDEMNIFICATION OBLIGATIONS UNDER SECTION 7. THE PARTIES AGREE THAT THIS LIMITATION OF LIABILITY SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF AN EXCLUSIVE REMEDY. COMPANY’S SOLE OBLIGATION WITH RESPECT TO THE AVAILABILITY OR PERFORMANCE OF THE SERVICES SHALL BE SET FORTH IN THE SLA AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AGAINST COMPANY FOR ANY OUTAGES OR RESPONSE TIMES SHALL BE THE REMEDIES SET FORTH IN THE SLA.
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY. LICENSEE EXPRESSLY AGREES THAT USE OF THE LICENSED SOFTWARE IS AT ITS SOLE RISK. THE LICENSED SOFTWARE IS MADE AVAILABLE ON AN "AS IS" BASIS. NEITHER JUSTICE WORKS NOR ANY SUPPLIER, LICENSOR, EMPLOYEE, AGENT, OR CONTRACTOR MAKES ANY WARRANTY WHATSOEVER REGARDING THE LICENSED SOFTWARE, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE LICENSED SOFTWARE, OR ANY RESULTS TO BE OBTAINED THROUGH THE USE THEREOF, AND JUSTICE WORKS HEREBY EXPRESSLY DISCLAIMS ON BEHALF OF ITSELF AND ALL SUPPLIERS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; AND 7)
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY. (a) Neither SharePoint Maven, Inc. nor any of its affiliates, employees, agents, third-party content providers or licensors warrant that the services performed shall be uninterrupted or error-free; nor does it make any warranty as to the results that may be obtained from use of the services or as to the accuracy, reliability or content of any information provided.
(b) Any downloadable software, products or other materials, without limitation, is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose against infringement, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. SharePoint Maven, Inc. makes no warranties of any kind, either express or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose against infringement, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
(c) In no event shall SharePoint Maven, Inc., its employees, subsidiaries, parents, agents, partners, third-party content providers, vendors, directors, officers, and members, be liable to Client or anyone else for any loss or damages whatsoever, including but not limited to any direct, indirect, special, consequential, incidental, punitive, or other damages, including but not limited to exemplary, reliance, or consequential damages, loss of profits, business interruption, reputational harm, or loss of information or data, arising out of or related to the services unless provided for herein. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply.
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY. SUREPAYROLL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SUREPAYROLL MARKS OR THE PROGRAM, FOR ANY PURPOSE. SUREPAYROLL WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSSES ARISING OUT OF OR OTHERWISE RELATED TO YOUR USE OF THE PROGRAM, INCLUDING WITHOUT LIMITATION YOUR USE OF MARKETING MATERIALS. SUREPAYROLL WILL NOT BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSE- QUENTIAL OR OTHER SIMILAR DAMAGES INCLUDING LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF INFORMATION THAT YOU MAY INCUR OR EXPERIENCE IN CONNECTION WITH THESE TERMS, YOUR USE OF THE SUREPAYROLL MARKS OR THE PROGRAM, HOW- EVER CAUSED AND UNDER WHATEVER THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY. SELLER EXPRESSLY WARRANTS THAT THE PRODUCTS WILL MEET THE PRODUCT SPECIFICATIONS. SELLER EXTENDS NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE TO PURCHASER, ANY USER OF THE PRODUCTS, OR ANY THIRD PARTY FOR LOST PROFITS, LOSS OF BUSINESS, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THE PRODUCTS, OR FROM THE NON-DELIVERY, DELAYED DELIVERY, DAMAGE OF PRODUCT OR OTHERWISE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT WILL SELLER’S LIABILITY EXCEED THE PAID PURCHASE PRICE OF THE PRODUCTS. PURCHASER EXPRESSLY ASSUMES ALL RESPONSIBILITY FOR DETERMINING THE FITNESS OF SUCH PRODUCTS FOR PURCHASER'S INTENDED USE. ANY TECHNICAL INFORMATION, PRODUCT LITERATURE, SELLER TECHNICAL ASSISTANCE OR OTHER INFORMATION IS GIVEN TO AND ACCEPTED BY PURCHASER AT ITS OWN RISK.
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY. (a) No Warranties
(i) Cronos Group warrants that Cronos Group has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so.
(ii) Except as expressly provided, the Services are provided “as is” and “as available” without warranty of any kind, whether express or implied. Cronos Group specifically disclaims all warranties and conditions of any kind, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Cronos Group makes no warranty as to the accuracy, completeness, currency or reliability of any of the Services. Cronos Group does not warrant that (i) the Services will meet your requirements, (ii) operation of the Services will be uninterrupted or virus- or error-free or (iii) errors will be corrected. Any oral or written advice provided by Cronos Group or its agents does not and will not create any warranty.
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY. 5.1 THE ALLIANCE XxX TEST PLAN IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALLIANCE HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, THE VALIDITY OF ALLIANCE’S RIGHTS IN THE ALLIANCE XxX TEST PLAN, SATISFACTORY ACCURACY AND QUALITY, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE ALLIANCE XxX TEST PLAN. ALLIANCE FURTHER MAKES NO REPRESENTATIONS OR
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY. All products delivered to are (unless we state otherwise) provided ‘as is' for your use, without any conditions of any kind. In no case shall Handle & Xxxx Pty Ltd, our suppliers be liable for any injury, loss, claim, or damages of any kind, arising from your use of any of our products including, but not limited to, any loss or damage of any kind incurred as a result of the use the product delivered or otherwise made available to you even if advised of their possibility. Because some States or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such States or jurisdictions, our liability shall be limited to the maximum extent permitted by law. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the product, use of the product, or access to the product without express written permission by us. These Terms & Conditions and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of New South Wales, Australia.
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, ANY PRODUCT OR SERVICE SECOND STREET MAY NOW OR IN THE FUTURE PROVIDE PURSUANT TO THIS AGREEMENT IS PROVIDED “AS IS” AND SECOND STREET EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WHETHER ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OR THAT SUCH PRODUCTS OR SERVICES (OR ANY USE THEREOF) WILL BE ERROR FREE OR UNINTERRUPTED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WITH RESPECT TO WARRANTIES REGARDING NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SECOND STREET’S ONLY OBLIGATION TO SUBSCRIBER WITH RESPECT TO NON-INFRINGEMENT SHALL BE THE INDEMNIFICATION OBLIGATIONS SET FORTH BELOW.
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY. We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Offer texts and email notices and other notification functionality in Exchange's applications may not occur in real time. Such functionality is subject to delays beyond Exchange's control. ALL INFORMATION PROVIDED VIA THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE. NO ACTION SHOULD BE TAKEN BASED UPON INFORMATION PROVIDED VIA THE SERVICES WITHOUT FIRST SEEKING INPUT FROM AN INDEPENDENT PROFESSIONAL WHO IS LICENSED AND/OR QUALIFIED IN THE APPLICABLE AREA. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN. You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from: • the content you provide (directly or indirectly) using the Services; • your use of or your inability to use our Services; • pricing from EXEstimate, format, or other guidance provided by Exchange; • delays or disruptions in our Services; • viruses or other malicious software obtained by accessing or linking to our Services; • glitches, bugs, errors, or inaccuracies of any kind in our Services; • damage to your hardware device from the use of any Exchange Service; • the content, actions, or inactions of third parties, including listings listed using our Services or the destruction of allegedly fake listings; • the duration or manner in which your listings appear in search results;
