DISCLAIMER OF WARRANTY AND LIABILITY. 5.1 COUNTY PROVIDES THE DATA SHARING SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. COUNTY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. COUNTY DOES NOT REPRESENT THAT ACCESS TO THE DATA SHARING SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OF TRANSMITTED INFORMATION.
5.2 USE OF THE DATA SHARING SERVICES IS AT CONTRACTOR’S OWN RISK. COUNTY WILL NOT BE HELD LIABLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN THE SERVICE.
5.3 IN NO EVENT WILL THE COUNTY BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA SHARING SERVICES.
DISCLAIMER OF WARRANTY AND LIABILITY. The Bank will not be liable if you are unable to gain access to our website or Online Banking system due to maintenance, computer failure, interruption in the availability of our service, delay in operation or transmission, computer virus, or any other causes out of the Bank’s control. We make no warranties or representations with respect to any Third Party Service Provider used to access your email notifications or e-Statements. You agree that the Bank will not be held liable for losses or damages arising from non- delivery, delayed delivery or misdelivery of e-mail notifications.
DISCLAIMER OF WARRANTY AND LIABILITY. THE INFORMATION, IF RELEASED ------------------------------------ TO A LICENSEE HEREUNDER, IS BEING PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL. LICENSOR DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE INFORMATION, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LICENSOR BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, ARISING OUT OF OR WITH RESPECT TO THIS AGREEMENT OR THE INFORMATION.
DISCLAIMER OF WARRANTY AND LIABILITY. NORTEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE WHATSOEVER WITH RESPECT TO THE CD-ROM, CD-ROM SOFTWARE, CD-ROM DOCUMENTATION OR ANY INFORMATION CONTAINED ON ANY OF THE FOREGOING OR ANY RESULTS OR CONCLUSIONS REACHED BY BUYER AS A RESULT OF ACCESS TO OR USE THEREOF, OR WITH RESPECT TO ANY OTHER MATTER OR SERVICE PROVIDED BY NORTEL, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. NORTEL SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ANY SUCH DAMAGES WHICH MAY ARISE OUT OF THE USE OF OR INABILITY TO USE OR ACCESS THE CD-ROM, THE CD-ROM SOFTWARE, THE CD-ROM DOCUMENTATION, AND FURTHER INCLUDING LOSS OF USE, REVENUE, PROFITS OR ANTICIPATED SAVINGS REGARDLESS OF HOW SUCH DAMAGES MAY HAVE BEEN CAUSED ARISING FROM THE USE OF OR INABILITY TO USE OR ACCESS THE CD-ROM, CD-ROM SOFTWARE, OR CD-ROM DOCUMENTATION.
DISCLAIMER OF WARRANTY AND LIABILITY. Your use and browsing of this Website is at your own risk. All information, content, materials, products and services included on or otherwise made available to you through this Website are provided to you on an "AS IS" AND "AS AVAILABLE" BASIS. WIFT-T MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED IN REGARD TO THE INFORMATION, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THIS WEBSITE. THIS INCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. THROUGH YOUR USE OF THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOUR PURCHASE OF ANY PRODUCTS MADE AVAILABLE ON THIS WEBSITE AT ANY TIME, AND YOUR RELIANCE ON INFORMATION PRESENTED ON THE WEBSITE IS AT YOUR SOLE RISK, TO THE FULLEST EXTENT OF THE APPLICABLE LAW. WIFT WILL NOT BE LIABLE FOR ANY RESULTING DAMAGES FROM THE USE OF THE WEBSITE AND FROM PRODUCTS AND/OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH. CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES. SOME OF THE ABOVE EXCLUSIONS, DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTY AND LIABILITY. UNIVERSITY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITIATION THE WORK TO BE PERFORMED OR THE DELIVERABLES TO BE PROVIDED. IN NO EVENT SHALL THE UNIVERSITY BE LIABLE FOR ANY SPECIAL, INDIRECT (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOST PROFITS, OR LOSS OF DATA), INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OF ANY KIND, RESULTING FROM WHATEVER CAUSE WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WORK TO BE PERFORMED OR THE DELIVERABLES TO BE PROVIDED UNDER THIS CONTRACT. IN NO EVENT SHALL UNIVERSITY'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DIRECT DAMAGES EXCEED THE AMOUNTS PAID TO UNIVERSITY UNDER THIS CONTRACT.
DISCLAIMER OF WARRANTY AND LIABILITY. 1. Each Registered User shall use the Services at its responsibility and be liable for any and all conduct performed in use of the Services and results thereof.
2. Each Registered User shall acknowledge and agree that even when the Company preserves and/or distributes the Video Data provided by the Registered User in use of the Services, the Company does not warrant the continuous or constant preservation and distribution of the Video Data and there may occur cases where the Video Data cannot be preserved or distributed due to any defect, disturbance, mal-functioning or failure in or of the Hardware or other device, software or telecommunication network used for the Services or other reason and the Video Data provided will be deleted at the time of end of the provision of the Services. The Company shall not be liable for any damage suffered by the Registered User due to the impossibility of the preservation or distribution of the Video Data sent by the Registered User except if the result is attributable to the Registered User’s willful misconduct or gross negligence.
3. The Services may be associated with services provided by a third party (hereinafter referred to as the “Outside Services”), but the Company shall not warrant such association and, if the association of the Services with any Outside Services is not realized, the Company shall not be liable for such failure in any respect.
4. In the case where the Services are associated with any Outside Services, each Registered User shall comply with the rules of the Outside Services at his/her/its expense and responsibility and, if there occurs any dispute, etc. between the Registered User and an entity operating the Outside Services (hereinafter referred to as the “Outside Service Provider”), the Company shall not be responsible for such dispute, etc. in any respect.
5. Each Registered User shall, at his/her/its expense and responsibility, examine whether or not his/her/its use of the Services is in violation of applicable laws and regulations, bylaw of the relevant industry association, etc. and the Company shall not warrant at all that the Registered User’s use of the Services will be in compliance with applicable laws and regulations, bylaw of the relevant industry association, etc.
6. Any and all transactions, communications, disputes, etc. occurring between the Registered User and another Registered User, third party business operator or other third party in relation to the Services or the Website s...
DISCLAIMER OF WARRANTY AND LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, ASSOCIATED AFFILIATES PROVIDE THE SERVICES SUPPORT AND CONSULTING WITHOUT ANY WARRANTY OR GUARANTEES OF ANY KIND, AND DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE AND APPLICATION OF THE COMPANY’S SERVICES INCLUDING BUT NOT LIMITED TO SUPPORT AND CONSULTING REMAINS WITH THE CLIENT/S SINCE THE OUTCOMES ARE DETERMINED BY MANY FACTORS OUTSIDE THE COMPANY’S
DISCLAIMER OF WARRANTY AND LIABILITY. 6.1. Licensor has used its outmost efforts to ensure that the Software and/or the Chassis will perform substantially and will operate correctly.
6.2. The Software and/or the Chassis is however provided “as is” without warranty of any kind, either express or implied, including, but not limited to, any implied warranty against infringement of third parties property rights, of merchantability and fitness for a particular purpose. Licensor shall provide no technical support, maintenance, warranties or remedies for the Software and/or the Chassis.
6.3. Licensee agrees that Licensee is solely responsible for, and that Licensor has no responsibility to Licensee or to any third party for, any services, products and/or reports Licensee provides through the Software and/or the Chassis. The entire risk as to the use, quality, and performance of the Software and/or the Chassis is with the Licensee. Should the Software and/or the Chassis prove defective, the Licensee, and not the Licensor, assumes the entire cost of any consequences including any necessary repair. In no event, Licensor will be liable for any incidental, consequential, direct or indirect damages including but not limited to the inaccuracies or errors in the Software and/or Chassis’s reports, loss of data, lost of opportunities, lost of profits, lost of revenues or any other financial loss arising from the breach of the Agreement or from any other legal theory, or from negligence or from the use of or inability to use of the Software and/or the Chassis, even if Licensor knew or should have known of the possibility of such damages.
6.4. Licensee agrees, to indemnify, defend and hold Licensor and staff harmless from and against any and all liability and costs, in connection with or arising out of any breach or violation of the terms and conditions of this Agreement.
DISCLAIMER OF WARRANTY AND LIABILITY. TeamGrow LLC makes no representation or warranty, either express or implied, and disclaims all liability, as to the fitness, quality, delivery date, merchantability, prices or any term of any trade transaction. Member agrees to indemnify and hold TeamGrow LLC harmless with respect to any claim, debt, or liability whatsoever, arising out of any transaction wherein Member is a Buyer or Seller. Member acknowledges that any transaction facilitated by the Network, in Which Member participates is entered into by Member on a voluntary basis. Member agrees to waive any claim, debt, or liability whatsoever against TeamGrow LLC arising out of any computer or software malfunction or processing errors.
